The set of rules established in the institution or company that regulate the procedure for all employees is mandatory. Failure to comply with these rules is a violation of labor discipline, which entails punishment.
Fulfillment of all necessary requirements that are defined by the contract is an integral part of the normal and measured work of the enterprise.
Each employee, when hiring, gets acquainted with the internal routine, duties and rights. They clearly indicate that the employee must come to the enterprise at a certain time for this, observe the working regime, and not leave the workplace ahead of time . Also, he should use his working time to good use. For failure to comply with these rules, an employee of the enterprise may be reprimanded for violation of labor discipline, or apply a more severe punishment.
Violations of this nature include unlawful action, or, on the contrary, inaction, when the employee’s guilt is obvious and not in doubt, it does not matter in what form it is expressed. This can be intentional or not intentional damage to property, negligence, careless handling of equipment.
Also, violation of labor discipline can be expressed in neglect of fire safety rules and the rules of operation of technical equipment.
If the employee refused to perform this or that work, the consequences of which could negatively affect him or the people around him, penalties or any punishments cannot be applied to him. Also, the management of the enterprise or persons authorized to represent it do not have the right to punish the employee or employees because they refuse to work that is prohibited by labor law.
If there are violations on the part of the employee, the employer cannot only impose a penalty on the basis of the act. The employee must write an explanatory note. Only after this will the guilt be recognized by him, and therefore will be followed the recovery or dismissal for violation of labor discipline.
What criteria play an important role when reprimanded or fired?
- Failure by the employee to fulfill his work duties, without good reason, if this is not the first time and he has a penalty for a similar violation.
- A gross violation by the employee of the rules of the work schedule or the labor process, even if this happened the first time.
When dismissed for violation of labor discipline, the following errors are often made:
- The deadline or unlawful penalty has expired.
- If we are talking about a minor employee, and there is no consent of the Federal Labor Inspectorate to dismiss.
The dismissal of an employee may occur for violation of labor discipline in the following circumstances: the absence of a good reason, not the removal of the previous penalty at the time of the repeated violation. This penalty has legal grounds; there is an explanation of the act, set forth on paper.
Dismissal of an employee is a disciplinary sanction, therefore it must be held in accordance with all the rules enshrined in article 193 of the Labor Code of Russia. Before proceeding with the dismissal of an employee, a written explanation must be taken from him. In case of refusal to write an explanation, in the presence of 2-3 people an act must be drawn up in which it is recorded. After this , a dismissal order is issued, with which the dismissed employee must become familiar 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 is made in the labor book of dismissal.