Punishment for violation of labor discipline according to Labor Code. What offenses are considered a violation of labor discipline? Punishment for violation of labor discipline under the Labor Code of the Russian Federation

The law states what liability for violation labor discipline borne by the employee and what penalties are provided in this case. Let's consider this issue in more detail.

You will learn:

  • What types of violations of labor discipline are prescribed in legislative acts.
  • What is the procedure for penalties for violation of labor discipline?
  • How is a reprimand issued for violation of labor discipline?
  • For what violations of labor discipline can an employee not be dismissed?

What does violation of labor discipline mean?

Violations of labor discipline by an employee can be different, but they can be divided into two main groups:

  • minor violations, the consequences of which do not seriously affect normal operation enterprise and the results of its activities. This category includes, for example, a small one-time delay to work;
  • rude violations of labor discipline by an employee, which, even if committed once, can lead to significant negative consequences for the company. Here we can talk about non-compliance with safety precautions and injury to an employee.

Download the act of violation of labor discipline (sample)

It is often quite difficult to distinguish between these concepts. Often, even minor violations can cause negative consequences for an enterprise if they are repeated regularly.

Download a sample reprimand for violation of labor discipline in the form of an order

In the Labor Code Russian Federation It is not stated what reasons for violation of discipline are considered valid. It is impossible to predict what might happen, and therefore the manager must consider this issue taking into account the arguments provided by the employee (Article 193 of the Labor Code of the Russian Federation).

Good reasons include, for example:

  • interruptions in work public transport and traffic jams on the way to work;
  • summons to law enforcement agencies and court;
  • employee illness;
  • urgent hospitalization of a relative in need of emergency care;
  • emergency situations: fires, natural disasters, due to which the employee was unable to arrive at work on time.

In this case, the employee is obliged not only to justify in writing the reason for his absence from work, but also to present documentary evidence of the existence of valid reasons. Documentary evidence includes certificates, acts, summonses, sick leaves, etc.

Main types of labor discipline violations

Labor discipline is a set of rules of behavior that all employees of an enterprise, both managers and employees, are required to comply with. lower level. Labor discipline includes:

  • internal labor regulations;
  • labor protection rules;
  • corporate ethics, etc.

In accordance with the Labor Code of the Russian Federation, each enterprise is obliged to formulate rules of internal labor discipline with a description of all the nuances of the work schedule and work process: the company indicates at what time the working day begins and ends, how bonuses are calculated and issued, and how trade secrets are maintained.

Violations of labor discipline by an employee may be different character. Thus, an employee may violate:

  • management norms - subordination and coordination in managing the work process;
  • technological standards;
  • Regime norms of working time and rest time.

That is, if an employee is guilty of releasing defective goods, then, in accordance with this classification, he commits a technological disciplinary offense; if he skips work or is significantly late, then he violates regime norms. In all cases, the employee is liable for violation of labor discipline.

If an employee violated discipline, then, accordingly, he committed a disciplinary offense. Note: there is a significant difference between the material and disciplinary liability of an employee. An employee may also incur financial liability upon termination of the employment relationship if the company suffered material damage during the period while he was officially working there.

Violation of labor discipline, as already noted, can be different. Depending on the type of violation, the reasons for the incident are investigated and the necessary papers are collected.

An employee is considered to have violated labor discipline if he:

  • appeared at work in a state of alcohol, drug or other type of intoxication;
  • violated labor safety rules, resulting in an accident or accident;
  • skipped work;
  • committed theft, embezzlement, damaged equipment or other property of the company;
  • was repeatedly late for the start of his shift and left before the allotted time after the lunch break workplace during lunch break or at the end of the working day;
  • disclosed a commercial secret of the enterprise;
  • did not fulfill his job duties in full or performed them poorly, that is, did not comply with the quality criteria adopted by the company;
  • refused to undergo training or medical examination, if it is necessary for the professional and high-quality performance of job duties;
  • grossly violated the chain of command in the organization;
  • committed an immoral act in the workplace;
  • directly ignored written instructions and orders from management;
  • deliberately failed to comply with the requirements of the instructions and rules in force at the enterprise.

If an employee appears at work in a state of intoxication, commits theft proven in court, commits an immoral act, or falsifies documentation, the court regards this as gross violation labor discipline.

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What punishment can be applied for violation of labor discipline?

Based on the Labor Code of the Russian Federation, all employees are required to comply with labor discipline and internal company rules, follow job descriptions, and know the contents of documents on labor protection and procedures labor activity. He must sign all documents that the employee has read. If he violates labor discipline, the employer has the right to impose penalties at his discretion. The type of penalty depends on the severity of the violation of labor discipline by the employee.

In Art. 192 of the Labor Code of the Russian Federation specifies the penalties that an employer has the right to apply against an employee:

  • rebuke;
  • comment;
  • dismissal for violation of labor discipline (Labor Code of the Russian Federation).

Also, the employer has the right to deprive a negligent employee of bonuses (as part of a reprimand, if this is allowed internal documents organization).

For certain groups of employees, whose labor functions are regulated by separate federal laws, other types of penalties for violation of labor discipline apply.

  • Reprimand for violation of labor discipline.

If an employee commits an offense, a report on violation of labor discipline is drawn up. The report reflects what the offense was, includes the employee’s explanations and the reprimand received. A direct remark cannot become something serious for an employee and lead to big troubles. However, if this person again violates labor discipline, then it will be possible to speak with confidence about a systematic violation of the routine.

  • Reprimand for violation of labor discipline.

As a rule, a reprimand is issued for a disciplinary offense. There are ordinary and severe reprimands. IN work book the reprimand is not recorded, but entered into the order. In the book, information about the reprimand is written only if the employee is fired for poor performance of work duties and regular violation of labor regulations.

  • Dismissal of an employee for violation of labor discipline.

Dismissal is the most severe punishment. An employee can be fired if he systematically violates labor discipline, fails to fulfill his job duties, and also if he commits a gross disciplinary offense.

Eg, educational organizations has the right to terminate labor Relations with an employee who acted immorally.

The practitioner tells

I punish you with extra work

Alexander Elin,

General Director of the audit company "Audit Academy", Moscow

Despite the fact that the company's regulations mention certain penalties applied for violation of labor discipline, we try not to use them in practice. To influence an employee who has violated labor discipline, I do this: I suggest that such an employee complete a task that is much more important than what he did before. As a rule, this gives positive results: after successfully completing a task, the employee’s self-esteem increases, he feels more significant and begins to do everything that depends on him, so as not to violate discipline in the company in the future.

Usually for employees who have repeatedly violated the rules, as well as for those employees whose misconduct caused the enterprise to suffer financial losses, we impose fines for violation of labor discipline or reprimand them.

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What is the procedure for penalties for violation of labor discipline?

  1. Act on committing a disciplinary offense.

If an employee commits any disciplinary offense, a report on violation of labor discipline is drawn up. This document is prepared by his immediate superior in the presence of two witnesses.

Two copies of the act are required: one is handed over by the employee’s immediate supervisor to senior management so that he can make a decision on the penalty, and the other copy is received by the employee. The form of the document and the persons responsible for its development should be stated in the company’s internal labor regulations.

  1. Employee's explanation.

The employee is obliged to in writing explain why he committed the offense. Note: it is better to demand an explanation in writing in order to record this fact. If an employee refuses to explain why he committed a violation of labor discipline, this is mentioned in the report.

The period given to the employee for an explanation is two days. Employee's refusal to compile explanatory note does not exempt him from the imposition of penalties.

The employee's explanatory note is accompanied by an act describing the violation of labor discipline; a memorandum from the employee’s immediate supervisor must also be submitted. This set of documents is passed on to senior management, who, in turn, makes a decision on penalties.

  1. Order on violation of labor discipline.

Having studied all the circumstances of the violation of labor discipline by the employee and the entire necessary documentation, the head of the company issues a corresponding order.

There is no standard form of the order (the exception is the dismissal order, which is developed according to forms No. T-8 and No. T-8a, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for labor accounting and its payment"). But at the same time, the document must clarify what disciplinary offense the employee committed, when it happened (date and time) and what penalty is provided for such a violation. It is also necessary to list the regulatory documentation. The collection order must contain the visas of the manager, the head of the structural unit (or the direct superior of the employee), as well as the director of the company’s personnel department.

The Labor Code of the Russian Federation on violation of labor discipline states that such an order is not entered into the employee’s work book. The exception is dismissal for violation of labor discipline - this is regulated by the Labor Code of the Russian Federation. A copy of the order can be filed in the employee’s personal file. The period for mandatory familiarization of the employee with the collection order is three days. After review, the employee signs the document.

The penalty must be justified, and its severity must correspond to the severity of the violation.

  1. Order to lift a disciplinary sanction.

If the company management makes an appropriate decision, the disciplinary sanction for violation of labor discipline against the employee can be lifted within one calendar year. This decision is supported by a corresponding order. The document indicates the basis and reason why the penalty is being lifted. The employee is introduced to the order to lift the penalty in the same manner as the order to impose the penalty.

If a year has passed and the penalty has not been lifted, even if during this period the employee has never violated labor discipline, then the penalty will be lifted from him automatically. After cancellation of a penalty, it is considered that the employee has never received it before.

When considering the issue of applying a penalty for a disciplinary offense, management must take into account the deadlines prescribed in Art. 193 of the Labor Code of the Russian Federation:

  • the period for applying the penalty may be equal to one month from the moment the employer discovers the violation. At the same time, in specified period does not include the time during which the employee was on vacation and sick leave, as well as the period during which the opinion of the trade union is taken into account;
  • a sanction can be applied to an employee only if six months have not passed since the actual violation of labor discipline. However, for violations identified as a result of an official inspection, this period increases to two years.

That is, even if a violation was discovered a couple of weeks ago, but more than six months have passed since it was committed, it is impossible to apply punishment.

The practitioner tells

How to properly punish employees in case of violation of labor discipline

Elena Karsetskaya,

lawyer, leading expert of the Personnel System

If you intend to dismiss an employee for systematic violation of labor discipline, make sure that the labor duties he violates are specified in the contract.

An employee can be required to perform only those functions that are specified in his employment agreement, job description or local acts. Moreover, after familiarization, the employee is obliged to sign these documents - they are provided to the person for study when he is hired (paragraph 10, part 2, article 22 of the Labor Code of the Russian Federation).

If this condition is not met, the court may consider that the employee was fired illegally for repeated failure to fulfill labor obligations (appeal ruling of the Bryansk Regional Court dated January 20, 2015 in case No. 33-90/2015, 33-4441/2014).

In companies where employees who violate labor discipline are not reprimanded, and managers do not pay due attention to minor offenses, the quality of work decreases. In the future, more and more employees begin to systematically violate discipline, because they know that punishment will not follow. All this together reduces profitability and worsens the reputation of the enterprise.

If disciplinary action is taken against employees for violating labor discipline, a reprimand should be given to everyone who committed the violation, and not to just one person. If a manager acts differently, the psychological climate in the team deteriorates. Employees become less loyal to the company, their motivation decreases and increases. This, of course, affects the activities of the entire company.

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How to issue a reprimand for violation of labor discipline

Before issuing an order for disciplinary action in the form of a reprimand, the enterprise must record the violation and prove that the employee is truly guilty. The manager must require the employee to explain what happened in writing, to establish the presence or absence good reason(if there is one, the penalty will be more lenient). Within two days after drawing up the act, the employee responds to the demands presented to him in writing.

The basis for issuing an order to apply punishment in the form of a reprimand or reprimand is written explanation employee. Punishment is not applied if it is impossible to establish the fact of a disciplinary offense or it becomes known about the circumstances that led to the violation on the part of the employee.

If the employee is guilty of causing material damage the enterprise, then compensates it in full - voluntarily or through the court. In this situation, a penalty order is not always formed in the form of a remark, since employers often decide to terminate the employment relationship with such employees under the article.

The employer has the right to reprimand the employee within a month from the moment the violation is discovered. If the violation was identified by the audit or auditing, then the reprimand is applied for six months. At the same time, the employer does not have the right to apply different penalties for the same offense.

An order for punishment in the form of a reprimand is developed only if the employee continues to work in the company. There is no need to make an entry in the work book, but it is entered into the employee’s personal card. The validity period of the reprimand is one year from the date of issuance of the order.

In some cases, early withdrawal of foreclosure is allowed, namely:

  • if the employee submits a corresponding request in writing;
  • if the employer makes a corresponding decision;
  • if this is requested in writing by the head of the unit where the employee who violated discipline works;
  • if a trade union requests this in writing (if there is one in the organization).

If an order to apply a disciplinary sanction has been developed less than a year ago and the employee again committed a violation of labor discipline, the employer has the right to terminate the employment relationship with him and reflect this fact in his work record book. Let us note: these are extreme penalties, and it is not very reasonable for management to apply them to representatives of rare specialties or highly qualified personnel. The law allows dismissal for violation of labor discipline (the Labor Code of the Russian Federation), but this step is not mandatory.

The practitioner tells

If violation of labor discipline has become a habit

Natalia Volkova,

Associate Professor, Department of Business Economics, Biysk Technological Institute, Altai State Technical University (Biysk)

Let's consider the situation related to regular violation of labor discipline, on specific example. Sergey N. runs a small enterprise “M”, which has been supplying production equipment in company. During the period of working activity, a rather favorable atmosphere was formed in the company’s team. Many specialists have been working in the company since its founding, including chief accountant Maria L., who is due to retire in a few years. However, the manager began to notice that Maria L. was violating discipline: she was late, stayed late from her lunch break, and often left work earlier than expected. Sergei N. pointed out disciplinary offenses to her and once did not even pay bonuses, but this did not give any results.

The manager did not want to act radically, that is, fire a valuable employee. At the same time, Maria L. continued to violate discipline. As a result, Sergei simply stopped noticing the employee’s misconduct. However, other members of the team did not understand why the chief accountant violated discipline, and management did not react to this in any way. Moreover, some were silently perplexed, while others openly condemned the leader’s actions.

  • How should a boss act in such a situation?

I would recommend Sergei to talk with Maria and understand why she commits violations. It is possible that she has good reasons: for example, no one but her can take her grandson from kindergarten. Certainly this is not good reason for violation of labor discipline by an employee, but Maria can also be fired, in my opinion, only if she cannot cope with her job functions. If she solves all problems in deadlines, then it is reasonable to introduce a more flexible schedule for her.

  • How can you influence Maria L. without dismissal?

Create personnel reserve and a personnel rotation system. This will help increase Sergei’s authority among employees who will know about the prospects career growth. It will also encourage key workers, including Maria, to be more responsible in fulfilling their responsibilities. But you need to work with the reserve. That is why the list of Maria L.’s labor functions should include the development of reservists for the position of chief accountant. If she refuses, the company can train a third-party reservist. If Maria continues to commit violations, the reservist will temporarily take over the position of chief accountant while the woman is on vacation or sick leave.

At the same time, the manager should make it clear to Maria that based on the results of the next certification, if the reservist is successful, the chief accountant will be replaced. It is likely that the woman will begin to take her responsibilities more responsibly, hoping to complete the remaining time before retirement without any problems.

  • What should Sergei do to retain his valuable employee and improve the climate in the team?

One should not lose sight of the fact that Maria has been working at the company since its inception and probably thinks that management does not appreciate this. Therefore, Sergei, as a boss, should be told more often that the stability of the team is very important and valuable. It would be useful to introduce benefits or additional payments for length of service, as well as a flexible work schedule, which was mentioned earlier. But at the same time, not only Mary should be stimulated with such methods. The motivational system must affect all employees. The main conditions for receiving benefits or additional payments should be transparency and achievability.

In what case can an employee be dismissed for repeated violation of labor discipline?

According to the law, an employer can terminate an employment contract on its own initiative on the following grounds: “dismissal for repeated failure to fulfill job duties without good reason, if the employee already has a disciplinary sanction.” What difficulties await the employer before entering into the work book of a subordinate the entry “dismissed under clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation"? How is repeated violation of labor discipline interpreted? What documentary evidence can there be for this?

Incorrect interpretation legislative norms often leads to disputes about when this basis can be used to terminate an employment relationship and when not. Let's consider this issue in more detail.

The dismissal we have in mind is only permissible if certain conditions are met:

  • the employee does not fulfill his duties labor functions;
  • he doesn't have it in him valid reasons;
  • He repeatedly commits violations;
  • the fact of violations confirms disciplinary action;
  • in violations guilty employee directly.

Let's consider examples of violation of labor discipline by an employee:

  1. The employee is not at work or at the workplace. The employment agreement with him or the company’s internal act (order, schedule, etc.) may not indicate a specific workplace, that is, if a dispute arises about where the employee should perform work duties, the provisions of Art. 209 of the Labor Code of the Russian Federation. Based on part 6 of this article, “a workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.”
  2. The employee refuses to perform his job functions based on changes in labor standards carried out in legally(Article 162 of the Labor Code of the Russian Federation). This situation must be distinguished from cases when an employee refuses to perform duties because certain parties have changed the conditions labor agreement. There is no violation of labor discipline by the employee here.

Example. The Onyx company has always used time system wages. The head of the LLC (Petrov R.L.) took into account the requests of the employees and decided to transfer the enterprise to a piece-rate wage system. The workers were informed about the introduction of new labor standards two months earlier (Article 162 of the Labor Code of the Russian Federation). But two months passed, the company had already switched to a new operating mode, and machine operator Ivanov L.R. stated that the introduced rules did not suit him and he “wouldn’t even get close to the machine.” The head of the workshop, T.D. Petrov, filed a report on violation of labor discipline, on the basis of which L.R. Ivanov was reprimanded for refusing to perform duties in connection with the changed standards. Since L.R. Ivanov had previously already been subject to a disciplinary sanction in the form of a reprimand for constant tardiness, he was fired on the basis of clause 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

Example. The head of production at the Silko textile plant has changed. Sidorov L.P. became the new manager. Having familiarized himself with all the intricacies of the production process, he decided to purchase new equipment, which can only be used if you have certain skills and knowledge. Sidorov, as required by law, informed the staff two months in advance of the planned changes and invited them to undergo retraining. All employees agreed, except for the adjuster Borisov L.S. Three times Borisov L.S. was offered another job at the same enterprise, but three times he refused, and therefore the agreement with him was terminated on the basis of clause 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

  1. The employee refuses or avoids undergoing a medical examination(however, this is required by his specialization), and also does not want to work time undergo special training and pass exams on labor protection, safety precautions and operating rules, if this is a mandatory condition for his admission to work.
  2. The employee refuses to enter into an agreement on full financial liability for the safety of property, if, on the basis of the law, such an agreement can be concluded with him (clause 36 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

Illegal actions of an employee are actions (or inactions) that do not comply with or contradict the norms of the current Labor Code of the Russian Federation. If the employee acted lawfully, there was no violation of labor discipline on his part. For example, if an employee did not comply with an order developed in violation of legal norms, or did not arrive at work due to illness, then the court, when considering such a situation, will consider his actions lawful.

If an employee repeatedly fails to fulfill his job duties, we are talking about repeated violation of labor discipline, which confirms disciplinary action. Repeated violation of labor discipline is such disciplinary offenses that, in the presence of an existing penalty, the employee committed again at the same workplace within one year. Disciplinary sanctions imposed at a part-time job or at a previous place of work are not taken into account.

That is, the manager has the right to dismiss an employee for repeated failure to fulfill labor duties in the event of a repeated violation of discipline, if by the time he repeatedly fails to perform labor functions in the absence of valid reasons, the disciplinary sanction has not been lifted or extinguished.

According to the Plenum Supreme Court Russian Federation, applying a new disciplinary sanction to an employee, including dismissing him on the basis under study, is also permitted for a continuing violation of labor discipline. That is, the employee continues to fail to perform or perform improperly his job duties, despite the fact that a penalty has already been applied to him.

An employer may apply disciplinary sanctions for violation of labor discipline even if the employee submitted a resignation letter of his own free will before committing the violation. This is acceptable, since the employment relationship ends only upon expiration of the notice period for dismissal.

Example . The accountant of the Investstroyyug enterprise, O.D. Rodionova, who had previously been subject to disciplinary action, refused to correct errors in the expense report, which were pointed out to her by her manager. That is, the employee did not comply with his order without good reason.

The next day, the accountant wrote a letter of resignation for at will, however, the manager fired her on the basis of clause 5 of part 1 of art. 81 of the Labor Code of the Russian Federation, and this was absolutely lawful on his part, since the labor relationship in this case lasts until the end of the notice period for dismissal. All conditions required for termination of employment relations at the initiative of the manager have been met.

An employee can only be fired if he does not perform his job duties through my own fault, that is, he commits a violation of labor discipline or inaction intentionally or through negligence. If the employee did not perform his labor functions due to circumstances beyond his control, then there is no violation here. In this case, we can talk about, for example, the absence necessary conditions labor.

Disciplinary action is applied no later than one month from the moment a violation of labor discipline is detected by the employee. As the Plenum of the Supreme Court of the Russian Federation established, the day the misconduct was discovered is the day when the employee’s immediate supervisor learned about the violation (clause 34 of the resolution of March 17, 2004 No. 2).

Within a period of one month during which the disciplinary sanction must be applied, does not count the period during which the employee is on sick leave, on vacation, as well as the time during which the opinion of the representative body of employees must be taken into account (Part 3 of Article 193 of the Labor Code of the Russian Federation).

Vacation that interrupts the flow of a month must include all vacations that the employer provides on the basis of current legislative norms. These also include annual (main and additional) vacation periods, vacations related to training in educational institutions, leaves without pay. An employee’s absence from work due to other circumstances, even if he uses rest days (time off) regardless of their duration (for example, if the work is organized on a rotational basis), doesn't interrupt the course of the designated period.

The application of a disciplinary sanction later than six months from the day the violation of labor discipline was committed is prohibited. If an audit, inspection of the financial and economic activities of the company or an audit was carried out, disciplinary action based on the results of these activities cannot be applied after two years from the date of the offense. The indicated time limits do not include the period of criminal proceedings (Part 4 of Article 193 of the Labor Code of the Russian Federation).

The practitioner tells

Dismissal for repeated violation of discipline of an employee who is a member of a trade union

Yuri Peleshenko,

Head of the Legal Department of the Office of the Federation of Independent Trade Unions of Russia

If the employer decides to dismiss an employee who is a member of a trade union for repeated failure to perform labor functions without good reason, then he must send in advance a draft dismissal order along with copies of documents on the application of disciplinary punishment to the trade union (Part 1 of Article 373 of the Labor Code of the Russian Federation) . Otherwise, if a court hearing takes place, the employee will be reinstated.

After the trade union body receives the draft order and copies of documents, it will have to consider this issue within seven working days and send its reasoned opinion to the administration in writing.

It is necessary to understand that the employer does not take into account an opinion not submitted within seven days.

If the union does not agree with the decision that management plans to make, then additional consultations must be held within three working days, the results of which will be reflected in the minutes.

If it was not possible to reach a compromise, then after 10 working days from the moment the documentation was sent to the trade union, the administration has the right to make a final decision, which can be appealed to the labor inspectorate (Article 373 of the Labor Code of the Russian Federation).

If you, as an employer, dismiss an employee on your own initiative, you should first carefully study and think through everything. Even if you are completely sure that a penalty was applied to the employee for violation of labor discipline, check whether it was lifted within the prescribed time. Let us emphasize: Russian legislation does not say that the employer is obliged to remove penalties from an employee who committed a violation, but he has the right to do this. If a year will pass from the moment the penalty is imposed, and during this time no new punishment is applied to the employee, it is considered that there is no disciplinary sanction against him (Part 1 of Article 194 of the Labor Code of the Russian Federation).

If a dispute arises about whether a disciplinary sanction was lawfully imposed on an employee for violating labor discipline, the body studying this situation has the right to either agree or cancel the employer’s decision. Mechanisms of influence that are not prescribed in the legislation on disciplinary liability and in Art. 192 of the Labor Code of the Russian Federation (for example, deprivation of a bonus for violation of labor discipline, a strict warning, imposition of a fine on an employee or transfer to a lower-paid position).

If your company dismisses employees who have violated labor discipline without the law, it risks facing serious problems. If it turns out you're right former employee infringed, he will file a lawsuit, which will accept the employee’s position. In this case, the person will prove the illegality of his dismissal, and the employer will have to incur significant financial losses, in particular, to pay the employee the average salary for the period of forced absence (Part 2 of Article 394 of the Labor Code of the Russian Federation). In addition, based on the employee’s request, the court will determine that the employee is due monetary compensation for moral damage caused. Conclusion: to avoid any problems with the court, you should terminate your employment relationship with an employee in the prescribed manner.

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For what violations of labor discipline an employee cannot be fired

There are situations where violations of labor discipline or job responsibilities do not fall under the description of “disciplinary measures under the Labor Code of the Russian Federation.” Eg:

  • if an employee working with material assets commits an offense leading to a decrease in the degree of responsibility while away from the workplace (Labor Code of the Russian Federation, paragraph 7, article 81);
  • if an employee holds a position related to educational activities, and outside the enterprise commits an immoral (incompatible with moral standards) act, then the court does not classify it as a violation for which a penalty should be provided (Clause 8 of Article 81 of the Labor Code of the Russian Federation).

In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation, these reasons cannot be considered exhaustive in order to cancel an employment contract, since it is necessary to prove that the employee actually committed these violations, and they were the reason for the non-fulfillment or poor performance of direct labor duties.

The grounds listed above can be classified as “labor penalties”, as this has been confirmed judicial practice. But legal proceedings require taking into account certain factors that fall under disciplinary action:

  • the time of commission of the violation in question;
  • employee behavior;
  • his attitude towards the violation committed.

Despite the stated requirements, the court does not specifically indicate what can be used to guide the assessment of these circumstances. Labor law standards are specified in the Civil Procedure Code of the Russian Federation: clause 4 of Art. 1 regulates the application of procedural rules, and clause 5 of Art. 11 - material. In this regard, it is necessary to assess the listed circumstances on the basis of procedural and substantive standards in force for assessing non-standard situations.

We can draw the following conclusion: if Art. 81 of the Labor Code of the Russian Federation (clause 7 and clause 8), it is necessary to strictly observe the rules for imposing penalties. In addition, the indicated penalties should be applied in the case of special disciplinary liability.

Employees who fall under the (special) grounds in question usually have more significant powers compared to ordinary company personnel. In this regard, it is necessary to remove them from office or dismiss them in connection with offenses that do not fall under the category of disciplinary ones. That is, special measures may be imposed on employees of this group disciplinary sanctions.

Based on Art. 192 of the Labor Code of the Russian Federation (Part 3), measures not contained in the lists proposed by state standard, charter and disciplinary regulations. If this article is violated, the person punished is recognized as an employee against whom no disciplinary sanction was applied for violation of labor discipline.

Consequently, the disciplinary measure for misconduct must be indicated in regulatory and legal documents. Thus, an employee who has committed a violation can be refused payment of a bonus, his ordinal number in the queue for receiving living space can be changed, etc.

In Art. 192 of the Labor Code of the Russian Federation (Part 1) provides a list of penalties that can be applied to employees who have violated labor discipline in the company.

In Art. 192 of the Labor Code of the Russian Federation (Part 2), based on state laws, regulations, acts and charters that regulate work schedule, it is said that there are other measures allowed for use as punishment in relation to violators of discipline. Accordingly, the list indicated in paragraph 1 of this article can be expanded by adding special disciplinary sanctions to it. However, these amendments must not contradict existing laws.

When expanding the list of penalties for violations of labor discipline by an employee, be sure to take into account legal requirements. For example, in Part 3 of Art. 55 of the Constitution of the Russian Federation states that restrictions on the individual’s right to freedom and work are permitted only in accordance with current legislation, and then only in order to achieve the goals outlined in the Constitution.

If the manager, at his discretion, introduces penalties as special grounds on which an employee can be dismissed or removed from office, he thereby violates the Constitution of the Russian Federation, since he imposes a restriction on a person’s right to work.

Accordingly, such a penalty as “special grounds” can be introduced only at the state level in relevant laws to protect the foundations of the constitutional system, the health and rights of citizens, as well as to ensure the security of the country.

Therefore, we can distinguish three type of disciplinary offenses:

  • culpable violation by an employee of technological standards ( technological);
  • culpable failure or improper compliance by the subject of labor law with the norms of subordination and coordination in the process of labor management ( managerial);
  • culpable failure by the subject of the labor relationship to comply with the rules governing working time and rest time ( sensitive, i.e., violating the “working hours” - Art. 100 Labor Code of the Russian Federation).

The type of disciplinary offense influences the procedure for establishing circumstances indicating non-fulfillment or improper compliance by an employee with his work duties.

Thus, when producing defective products, the employee’s guilt is established in case of violation of technological standards, absenteeism, being late for work, or unproductive use of working time (guilty violation by the employee of working hours). The investigation of managerial misconduct involves identifying the person responsible for the employee’s failure to comply with the legal order of the head of the production process.

Labor discipline(labor discipline) - obligatory obedience for all employees to the rules of conduct determined in accordance with laws, employment contract, internal rules labor regulations and other acts of the organization. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

For violation labor discipline, expressed in the commission of a disciplinary offense, i.e. non-fulfillment or improper fulfillment by an employee through his fault of the duties assigned to him labor duties, the employer, depending on the offense, has the right to apply the following disciplinary sanctions:

 remark;

 reprimand;

 dismissal for appropriate reasons.

In accordance with Art. 193 of the Labor Code, 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, a corresponding act is drawn up. The employee’s refusal to provide an explanation is not an obstacle to application disciplinary action.

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

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time the employee was ill or on vacation, and based on the results of an audit, inspection of financial and economic activities or an audit - no later than two years from the date of its commission.

For each disciplinary offense only one disciplinary action.

Information about penalties in work book are not entered, except in cases where disciplinary action is dismissal (Article 66 of the Labor Code).

Violation of any condition of use disciplinary action is the basis for its cancellation at the request of the employee.

If within a year from the date of use disciplinary action(reprimand or reprimand) the employee will not be subjected to new disciplinary action, then it is considered not to have disciplinary action. Employer before the expiration of a year from the date of application disciplinary action has the right to remove it from the employee on his own initiative, at the request of the employee himself, or at the request of his immediate person.

45. Material liability of employees

The Labor Code of the Russian Federation defines the financial responsibility of an employee as his obligation to compensate the employer for direct actual damage caused to him.

Conditions for bringing an employee to financial responsibility

The Labor Code of the Russian Federation establishes the following conditions for the occurrence of financial liability of the employee(the absence of at least one of them excludes liability):

    the presence of direct actual damage - a decrease in the employer’s property or deterioration in the condition of this property (including property third parties, located with the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make expenses or unnecessary payments for the acquisition or restoration of property;

    illegality of conduct;

    proven guilt of the employee;

    the presence of a causal connection between the employee’s unlawful behavior (actions or inaction) and the damage caused.

The employee is financially liable both for direct actual damage directly caused by him to the employer, and for damage incurred by the employer as a result of compensation for losses to other persons (for example, damage to rented equipment).

At the same time as financial liability, the employee may be subject to disciplinary, administrative or criminal liability.

The period for bringing to financial responsibility is no later than one month after establishing the amount of damage caused.

Amount and limitations of the employee’s financial liability

For damage caused, the employee bears financial responsibility within the limits of his average monthly earnings. In addition, the Labor Code also outlines full financial liability, according to which the employee is obliged to compensate the direct actual damage caused to the employer in full.

Employees under the age of eighteen bear full financial responsibility only for damage caused by:

    intentionally

    in a state of alcohol, narcotic or other toxic intoxication,

    as a result of committing a crime or administrative offense.

Financial liability in the full amount of damage caused to the employer can be established in the cases provided for in Art. 243 Labor Code of the Russian Federation.

Lists of works and categories of employees with whom agreements on full financial liability can be concluded, as well as standard forms of these agreements, are approved in the manner established by the Government of the Russian Federation. It should also be remembered that an agreement on full financial responsibility cannot be concluded with an employee under the age of 18.

Types of financial liability

The Labor Code identifies the following types of liability:

- Limited(Article 241 of the Labor Code of the Russian Federation). It arises regardless of whether a liability agreement has been concluded or not, in the event of direct actual damage being caused to the employer. Article 241 of the Labor Code of the Russian Federation limits such liability to the employee’s average monthly earnings.

- Full(Article 242 of the Labor Code of the Russian Federation). Occurs in strictly defined cases by law on the basis of a concluded liability agreement and involves full compensation for damage caused to the employer.

- Individual(Article 244 of the Labor Code of the Russian Federation). An employee who has entered into an individual liability agreement with an organization bears full responsibility for the safety of the property that he personally received according to the reporting document (even if sometimes other persons have access to this property).

- Collective(Article 245 of the Labor Code of the Russian Federation). If a team (for example, a team) carries out work related to the storage and use of inventory, and also if it is impossible to delineate the limits of responsibility of each employee, collective (team) financial liability may be introduced.

The procedure for bringing to financial responsibility

The amount of damage caused to the employer in the event of loss and damage (damage) to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data, taking into account the degree of depreciation of this property.

The procedure for bringing an employee to financial liability:

1. Determine the amount of damage;

2. Determine the degree of responsibility of the employee;

3. Create a commission to establish the reasons;

4. Receive an explanatory note from the guilty employee;

5. Draw up a report on the results of the internal investigation;

6. Familiarize the employee with the inspection materials;

7. Issue an order to recover the amount of damage caused from the employee;

8. Register the order;

9. Familiarize the employee with the order.

Article 247 of the Labor Code of the Russian Federation imposes on the employer the obligation to conduct an inspection of inventory items before making a decision on compensation for damage by the employee (employees). The purpose of such an inspection is to establish the fact of damage, establish the extent of damage and determine the reasons for its occurrence.

Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly salary, is carried out by order of the employer. The order can be made no later than one month from the date of final determination by the employer of the amount of damage caused by the employee.

If the employee admits his guilt and is ready to voluntarily compensate for the damage caused to the employer, the parties to the employment contract can enter into an agreement on compensation for damage with an installment plan.

Article 138 of the Labor Code of the Russian Federation contains a rule according to which, if an employee agrees to voluntarily compensate for damage, You cannot deduct more than 20% of your earnings from him.

Methods of compensation for damage caused can be different: payment of funds, deduction from wages, repair of damaged property, replacement with an equivalent one, etc.

The employer has the right to reduce the amount of compensation for damage caused by the employee, or to refuse compensation altogether.

Internal regulations are approved at each enterprise. This document is considered a kind of instruction for employees, which spells out all the features of the work procedure - from the number of working hours to the procedure for calculating bonuses or disciplinary sanctions. Employees often violate these rules. What are the consequences of non-compliance with labor regulations for employees and are the employer’s actions legal in cases where violations are recorded?

What is labor discipline?

Labor discipline is a set of rules developed by an enterprise in order to optimize the work process. It is based on the responsibilities of each employee prescribed by law.

Article 21 Labor Code RF “Basic rights and responsibilities of an employee:

“The employee is obliged:

  • conscientiously fulfill his labor duties assigned to him by the employment contract;
  • comply with internal labor regulations;
  • observe labor discipline;
  • comply with established labor standards;
  • comply with labor protection and occupational safety requirements;
  • treat with care the property of the employer (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees;
  • immediately inform the employer or to the immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).”

In addition to the basic requirements, labor discipline rules may also specify other responsibilities of employees related to the specifics of each organization. These include: compliance with corporate ethics, keeping trade secrets, insubordination, etc. In case of a single violation of the regulations, a disciplinary sanction provided for by law may be imposed on the employee. Its type depends on the severity of the offense. The main violations of labor discipline include:


  • non-compliance with labor safety rules resulting in an industrial accident;
  • absenteeism or systematic tardiness;
  • showing up to work while intoxicated;
  • immoral acts;
  • theft work or personal property of employees;
  • intentional failure to fulfill duties or fulfill them not in full;
  • falsification of legal documents;
  • ignoring orders leader.

In private enterprises, the issue of choosing a disciplinary sanction is decided directly by the manager. Punishment is considered a manager's right, but not an obligation. Therefore, the employer independently decides on the advisability of imposing a disciplinary sanction. Systematic violation of labor discipline is considered as gross non-compliance with the rules and provides for more severe penalties, up to and including dismissal of the employee.

Types of disciplinary sanctions and their application

Disciplinary sanctions are aimed at improving the quality and organization of work. Based on the employment contract, employees are obliged to strictly comply with all regulations, since in case of violation of labor discipline in accordance with the Labor Code of the Russian Federation, penalties regulated by law may be imposed on the employee.


“For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

  • comment;
  • dismissal for appropriate reasons.”

A disciplinary violation will be considered an offense committed only due to the employee's fault. The employer is obliged to demand compliance with all rules only if all conditions for this are provided at the enterprise. At the same time, each employee must be familiar with the work schedule, labor protection rules and his official duties, which is confirmed by his personal signature.


Article 81. Termination of an employment contract at the initiative of the employer

“Employment contract may be terminated by the employer in the following cases:

  • repeated failure by an employee to perform labor duties without good reason, if he has received a disciplinary sanction.”

Article 192 of the Labor Code of the Russian Federation. Disciplinary action

“Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of the first part of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of the first part of Article 81 of this Code in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by an employee at the place of work and in connection with the performance of his job duties.

When imposing a disciplinary sanction, the gravity of the offense committed and the circumstances under which it was committed must be taken into account.”

Disciplinary action may be issued based on memo. If the employer considers this to be an insufficient reason, he may initiate disciplinary proceedings with the participation of labor collective. The result of the commission meeting will be an act with a decision on the type of disciplinary punishment.


Examples of violations of labor discipline

Practice knows many examples of violations of labor discipline. Most of them relate to minor offenses and are often limited to verbal remarks.

For example, employee Ivanov. A.A. violated work regulations by showing up for work an hour later than scheduled without a valid reason. In this case, the employer may limit himself to a verbal warning, which is issued in the form act on disciplinary violation . In case of systematic delays, Ivanov A.A. may be reprimanded, however, the law does not allow a reprimand to be issued immediately after the first offense.

A reprimand may result, for example, from failure to fulfill his official duties by the warehouse manager V.V. Petrov, which resulted in financial losses for the enterprise in the form of failure to sign an agreement with suppliers. The employee may be issued regular or severe reprimand (at the discretion of the employer).

A one-time violation that entails dismissal can be an employee’s appearance at the workplace in a state of intoxication, theft of official property, or actions that provoked an accident or accident at work.

Any decision on disciplinary action may be appealed by the employee in court. Then the help of a professional lawyer competent in issues will be relevant labor legislation RF.

In the process of interaction between employees and employers, many controversial issues arise. The legislation contains a number of rules governing such situations. It sets out the responsibility and procedure for imposing penalties on an employee who has committed a violation of labor discipline. The level of income and functioning of the enterprise directly depend on the quality of organization of activities, and the organizational and legal form does not matter at all.

The serious attitude of employees to their duties guarantees not only the absence various kinds penalties, but also incentives, which are usually established by employers. The Labor Code (hereinafter referred to in the article as the Code) obliges enterprises to approve special rules that would regulate internal regulations. They should reflect the main aspects of the labor process. Documentary confirmation of the procedure for carrying out activities by an employee will allow the necessary enforcement measures to be taken if these requirements are not met.

What is labor discipline?

Each enterprise is complex mechanism, the smooth functioning of which depends on the quality of work of each component part. Before moving on to discussing violations, let’s understand what labor discipline is. It can be defined as a set of rules that are mandatory for all employees (from ordinary employees to managers) that are adopted at the enterprise. Their list includes:

  • labor protection rules;
  • internal regulations;
  • corporate ethics.

The specified documents (codes, memos, etc.) are developed and approved by employers. Supervision of execution and provision favorable conditions to comply with the requirements is also entrusted to them. The application of penalties is lawful in the event of a violation of the duties established by law by an employee. The Code defines their list in article number 21. Among the responsibilities:

  • conscientious fulfillment of the terms of the employment contract;
  • compliance with labor discipline;
  • compliance with labor protection and safety requirements;
  • responsible attitude towards the property of the employer, other employees and third parties (for the safety of whose property the employer is responsible);
  • compliance with established labor standards;
  • timely notification of an emergency situation that threatens the lives of employees or the property of the employer.

Existing types of labor discipline violations

If an employee does not comply with the rules, the necessary measures are taken to determine the cause of the incident. In most cases, violations can be divided into three large groups. They are species. Among them are:

  • violations of management standards - non-compliance installed system subordination and interaction of employees (subordination);
  • violations of technological standards (for example, the release of a defective batch of goods due to the fault of an employee);
  • violation of regime norms - work schedule (rest and work time, for example, absenteeism).

In case of periodic non-compliance with established norms and the severity of the offense, gross violations are distinguished. These include systematic absenteeism, tardiness, appearance at the workplace in an inappropriate manner (alcohol, drug intoxication), falsification of documents and other similar actions that lead to serious consequences. negative consequences. Additional characterizing parameters of improper performance of duties, by which its harm to the organization will be assessed, may be:

  • place of performance;
  • time and deadline for execution;
  • scope of execution;
  • form and method of execution;
  • subject of execution.

Actions that violate the established rules of the enterprise labor rules, called disciplinary offenses. When they are committed, certain penalties are provided. Among the most common violations of labor discipline are:

  • absenteeism;
  • systematic lateness after the lunch break or at the start of the working day;
  • unacceptable appearance– presence at the workplace in a state of intoxication (alcohol, drugs or toxic);
  • neglect of labor protection and safety rules, which led to an accident or accident;
  • cases of theft of company property, its damage;
  • inadequate level of fulfilled obligations (low quality, non-compliance with established requirements);
  • disclosure of an organization's trade secrets;
  • non-compliance with subordination (disobedience to orders from superior employees, disregard for the hierarchy that has been established in the company);
  • committing an immoral act.

If a fact of non-compliance with the rules is detected, a report on violation of labor discipline is drawn up. It is completed by the employee’s immediate supervisor. Two witnesses must be present during the drafting. It is created in two copies: for the employee and for transmission to management, who will decide on the type and amount of the penalty. The form of the act and the persons responsible for its preparation must be approved in the internal regulations.

Expert opinion

Maria Bogdanova

The Labor Code does not reflect good or bad reasons for employee misconduct, so it is very difficult to predict their consequences. Therefore, in this matter, management relies on the arguments provided by the employee (Article 193 of the Labor Code).

If a person does not show up or is late for work, the following may be considered valid reasons for this:

  • problems with public transport;
  • presence in court or other law enforcement agencies;
  • disease;
  • emergency hospitalization of a relative,
  • P fires, floods and other emergencies.

In this case, the employee must justify the reason for absence in writing and prove it with documents: a certificate, a summons, a sick leave certificate, etc.

What penalties can be applied to an employee?

In case of violation established rules The labor employee is responsible in accordance with the law. Article 192 of the Code contains a list of possible disciplinary sanctions that can be applied to him. The employer has the right to use them in accordance with the seriousness of the violation and the harm that was caused. The list contains three valid ones:

  • a remark is a very minor penalty that does not threaten serious consequences; usually they draw up a violation report and record the remark received; in case of systematic criticism, a more effective punishment is chosen;
  • reprimand - a penalty applied when committing an offense (disciplinary); has two forms - strict and ordinary; entered into the order; recorded in the labor record only in case of dismissal for improper work or systematic violations;
  • Dismissal is the most radical measure used in cases of serious systematic violations that result in material or moral harm.

The management of the organization has the right to deprive an employee of a bonus if this fact is stated in internal documents. For certain categories of workers, other penalties may be applied, which are specified in the relevant federal laws. For registration of violations it is provided general order, which is used in most companies. The internal regulations usually prescribe the basic requirements for the process and content of the documents necessary for drawing up the act.

Procedure for filing a penalty for violation

When drawing up internal regulations, it is necessary to provide clauses that will reflect the procedure for imposing penalties. In most cases, it is enough to enter a list of violations of labor discipline and the corresponding penalties, indicate the persons responsible for drawing up the acts and enter the required documents. After that this information is brought to the attention of employees. They must sign the acquaintance certificate. The foreclosure process consists of the following steps:

  • drawing up a report - responsible employees, in the presence of two witnesses, fill out a report on the violation;
  • receiving explanations - the offending employee indicates in writing the reason for his inappropriate behavior; if the testimony is refused, a mark is placed in the order; a note with explanations is attached to the act;
  • issuing an order on violation of labor discipline - management, based on the documents received, makes a decision regarding the incident; There is no approved form, but mandatory information is indicated - the content of the offense, the date and time of commission, the type of penalty, documents regulating the actions of management.

The employee must be familiarized with the order within three days (subject to signature). A copy of it is included in the employee’s personal file. When imposing a penalty, the severity of the offense must be taken into account. They must be proportionate. In the most serious cases, where there are repeated instances of inappropriate work behavior, the only possible punishment may be dismissal for violation of labor discipline.

Expert opinion

Maria Bogdanova

More than 6 years of experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

Another important factor when choosing a punishment in the form of dismissal may be a gross violation by an employee of the rules of the work schedule or labor process, even if this happened for the first time.

In general, when dismissing for violation of labor discipline, three mistakes are often made:

  • the deadline for the imposed penalty has expired,
  • its illegal imposition,
  • lack of consent to dismissal from labor inspection if we are talking about a minor worker.

Dismissal of an employee may occur for violation of labor discipline under the following circumstances: absence of a valid reason, failure to remove the previous penalty at the time of repeated violation. This penalty has a legal basis, since there is an explanation for the action set out on paper.

The dismissal of an employee is a disciplinary sanction, so it must follow all the rules enshrined in Article 193 of the Labor Code of Russia. It is always worth remembering that before proceeding with the procedure for dismissing an employee, it is imperative to obtain an explanation from him in writing. In case of refusal to write an explanation, an act must be drawn up in the presence of 2-3 people in which this is recorded. After this, a dismissal order is issued, which the dismissed employee must familiarize himself with on the same day.


If the employee refused to sign the order, then again an act is drawn up in which this is reflected. And only then a note about dismissal is made in the work book.

Example text

There is a limited period for imposing a penalty, which is equal to one month from the date of violation. After six months, no punishment can be applied. The exception is violations the fact of which was established during the inspection process, then the period is extended to two years. It is important to note that depreciation does not apply to fines, since bonuses are a means of encouragement. Penalties for violation of labor discipline – necessary measure, which promotes a more responsible attitude of the employee to his job responsibilities. Before the expiration of 1 year, in the presence of someone’s initiative supported by a management decision. The initiative can be taken by the employee himself, his immediate superior or the work team.

A note about the removal of a penalty, as well as about its imposition, is entered in the employee’s personal card.

What else do you need to remember?

The application of punishments for violation of labor discipline to the offending employee is carried out in strict accordance with current legislation. Each enterprise must develop rules regulating the internal procedures of the company. They describe the fundamental aspects of the work process. Employees must be familiar with them by signature.

Employees bear full responsibility for violation of labor discipline. By signing an agreement at the beginning of cooperation, they agree to the requirements and responsibilities established for them. If a fact of non-compliance with agreements (terms of the contract or internal rules of the company) is detected, a report is drawn up

A thorough study of the circumstances of the current situation is mandatory. In some cases, an employee is forced to violate established requirements in order to avoid more serious consequences for the company. It is for this reason that management needs to take every recorded fact seriously. Proper organization work, including a system of “reward-punishment”, will reduce possible conflicts in the process of activity and help increase the productivity of employees, and, accordingly, the company’s profit.

Video - “Introductory training on labor protection”