2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Labor discipline and responsibility for its violation is important in every institution.
People who have committed a disciplinary offense are brought to disciplinary responsibility. Let's take a closer look at this issue.
A disciplinary offense is an improper performance or non-performance of labor obligations by an employee. What characterizes him?
A disciplinary offense is distinguished by the following mandatory elements:
- guilt;
- failure to fulfill labor obligations (improper performance);
- illegality;
- the existence of a connection between the illegal actions of employees and the consequences.
The action or inaction of an employee is recognized as illegal if a specific labor obligation provided for by the relevant legal act is violated.
The culpability of employees of illegal actions can be expressed both in the form of intent, and simply through negligence. If the improper performance or non-performance by the employee of his labor obligations was not through his fault, then consider this behavior asdiscipline is meaningless. This rule applies in any such case.
A disciplinary offense is not such if the employee performed illegal actions not related to work duties.
Failure to fulfill labor obligations is expressed in the employee's failure to fulfill precisely labor obligations that are defined 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.
Such disciplinary responsibility is relevant when disciplinary sanctions are applied to an employee for committed misconduct. This rule must also be strictly observed. Disciplinary responsibility can be of two types: general and special.
General applies on the basis of the rules stipulated by the employment contract. This type of liability applies to absolutely all employees, excluding only those who bear special responsibility.
The Labor Code provides three types of internal labor regulations: standard, local and sectoral. Employers and, accordingly, employees must strictly comply with them, otherwise it will be a disciplinary offense.
Special responsibility is assumed on the basis of regulations such as bylaws and discipline regulations. It applies only to a certain category of people.
The purpose of special liability, unlike general liability, is that higher pen alties are applied to violators.
The employer has the right to apply one of the disciplinary sanctions if a disciplinary offense has been committed. Disciplinary sanctions include: dismissal, fine, reprimand and remark. For civil servants, state employees and military personnel, other disciplinary sanctions are applied.
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