A significant part of the country's population consists in labor relations, which are a large set of mutual obligations and rights that exist both for the employer and for workers of all categories. Often there are situations when the rights of the parties are violated and obligations are not performed. In this case, punitive measures of various kinds are applied to violators.
So, what types of liability for violation of labor legislation are provided for by acts in force in Russia, and how are they applied in practice? Let's try to figure it out.
Briefly on the types of liability for violation of labor legislation
The Russian legislator enshrines all the duties and rights that exist between the parties to labor relations in the text of the Labor Code. This code also prescribes an exhaustive list of all permissible measures of influence on both the employer and the employee, taken to them in case of violation of labor legislation.
So, what are the types of liability for violation of labor law? The legislator provides for material, disciplinary, administrative and even criminal liability. What kind of measure will be taken depends on the severity of the violation committed, as well as on what person did it.
Now let us consider in more detail what liability is provided for violation of labor legislation and what measures it implies.
Disciplinary
Disciplinary responsibility is a concept that is present in the norms of labor legislation, which can be applied exclusively to an employee who carries out labor activities in an enterprise, organization or state institution. Practice shows that this type of responsibility for violation of labor laws can be imposed solely by a person or body who is authorized to perform these actions at the enterprise. As a rule, the leader himself, his first deputies, as well as specialists in the field of labor protection or special commissions belong to the group of those.
What types of violations are subject to disciplinary action? First of all, the group of such includes actions related to violation by the employee of the established and legalized internal rules that apply at the place of work. This violation, which can entail the simplest degree of punishment, in comparison with all others, is a reprimand.
As for all other types of violations for which disciplinary responsibility is liable, they provide for dismissal. Such a measure is taken in many cases. In particular, if an employee does not constantly fulfill the duties that were assigned to him in accordance with the content of the contract concluded at the time of hiring, or does so in an improper way, then this employee is liable for the violation. Labor legislation provides for his removal from office.
In the event that the employee is absent from the place of fulfillment of his duties for more than three hours from the start of the working day, the employer has the right to dismiss him. However, as noted in the text of the law, this can be applied if the employee does not have the opportunity to respectfully explain and prove the reason for his temporary absence.
For violation of labor legislation, liability in the form of dismissal can also occur if the employee arrives at the place of fulfillment of his prescribed duties while intoxicated or in a state of drug / toxic intoxication. Dismissal also relies on this. However, in this case, a special body should carry out a procedure for the examination of such a condition, with documentary verification of the situation. If this does not happen, the employee has the right to challenge such dismissal in court, justifying his illegality.
The employee is also liable for violation of labor legislation in the form of dismissal if he commits any theft at the place of his professional activity. However, the legislator for this situation also gives an explanation stating that the fact of theft should not only be established in the appropriate manner (with the drawing up of the act, the presence of witnesses and a sufficient number of factors indicating the guilt of a particular person). For legal dismissal, there must be a court decision that states that the person has been found guilty during the trial.
In the event that the first persons of the enterprise, which include the head himself, as well as his deputy and chief accountant, commit a gross violation related to the conduct of business, the higher authority has the right to remove them from their posts. This applies to workers working in intelligence agencies and the system of state control and supervision.
The head of the organization or enterprise may also be removed from office if wages were not paid or delayed due to his fault.
Labor legislation pays particular attention to the compliance of the work performed by persons who carry out educational and training activities. In the event that the person holding the relevant position commits an immoral act and there is evidence of this, the head of the enterprise or institution is required to dismiss him.
Employer liability
As for this type of liability, as material, it can be applied both to the employer and to the employee himself.
As for the responsibility of the head for violation of the labor legislation of the Russian Federation, he bears it in material form if, through the fault of the owner of the organization, its employees did not receive wages. In this case, the manager is obliged to make an additional payment of funds for the entire time during which the salary was not paid, in the amount of its average monthly amount. In the event that remuneration is made within a period not specified by the contract with a delay of more than one month, the head of the enterprise is obliged to compensate for the personal damage that the organization suffered in paying compensation to employees. Moreover, in this case, they must be reimbursed and all contributions that the company paid in order to make the payment of compensation.
Practice shows that very often people turn to the judicial authorities demanding payment by the enterprise of material compensation for illegal dismissal and forced absenteeism. In this case, liability is assigned to the head of the enterprise or, if any, to another person in the institution who made the dismissal.
Employee liability
As for the liability for violation of labor legislation by an employee, it should be imposed in an appropriate manner, with a clear examination of the violation committed by him and the preparation of a special act.
In what cases is an employee of an enterprise liable? First of all, such situations include all situations in which equipment is damaged due to his fault, and things also break down. If damage to the institution or organization was caused when the employee was intoxicated, then this factor is considered to be aggravating, as a result of which the employee can be held not only financially liable for violation of labor legislation, but also disciplinary, in the form of dismissal.
A special group of people are financially responsible persons who, in accordance with the content of the labor contract, have material responsibility for all the values that are entrusted to him under his control. The most common category of financially responsible persons are security guards and sellers. In the event that, during their work, the values entrusted to them disappear, then workers must fully compensate for their real value.
At some enterprises, there are individuals who are entrusted with information representing trade secrets. The legislator notes that their disclosure of such knowledge leads not only to liability in the amount of damage caused to the organization, but also to criminal.
As for the liability of the employee, this type very often comes into contact with others - administrative and criminal. This is due to the fact that it can occur in the event of an administrative misconduct or a criminal offense as a result of which the institution or enterprise has suffered material damage. In this case, it must be fully reimbursed by the employee.
Penalty Procedure
In order to correctly and legally bring to justice the person guilty of misconduct, the authorized bodies must clearly record the violation.
The articles of the Labor Code state that a penalty may be imposed no later than a year from the moment of detection of the material damage caused. The legislator provides such a period in order to thoroughly understand the situation and determine the exact amount of the necessary compensation. For this purpose, audits, inventories may be carried out at the enterprise, commissions may be collected to carry out inspections and other measures may be taken.
The legislator also notes that for one offense a person may be presented with one disciplinary sanction, however, in practice it often happens that it is combined with other forms of responsibility (criminal, administrative, disciplinary).
In accordance with the requirements of the law, the employee must be notified that certain penalties are applied to him. The notice must be made in writing. The employee has every right to challenge this fact in court.
Employer Administrative Responsibility
Administrative liability for violation of the labor legislation of the Russian Federation can also arise both in relation to the employer and the employee.
As for the owner of the enterprise or institution, in relation to him, this type of responsibility can be sent if the person substantially violates the rules presented in the Labor Code. At the very least, sanctions for such a person or group of persons are provided for evading negotiations or concluding agreements (both simple bilateral and collective). In the event that a person does not fulfill the conditions prescribed in the indicated types of contracts, this is also an occasion to bring him to this type of legal liability for violation of labor legislation.
Administrative liability may also arise if the employer has refused to accept the person with disabilities. However, penalties are applied only if there is a quota for this disabled person in the enterprise.
Bringing to administrative responsibility is possible in some other cases. In particular, these include: illegal employment of foreign citizens, violation of labor protection requirements in an institution or enterprise, as well as the dismissal of employees on the basis of the fact that they are on strike or participate in disputes according to the norms presented in the collective agreement.
The administrative responsibility of the employer may also occur if a person in a managerial position admit the employee to the actual performance of his official duties, not having at that time an employment contract concluded between the parties.
If a person who is in a managerial position does not create the conditions for timely certification of workplaces or by any means impedes the implementation of this procedure, he is also held administratively liable.
Practice shows that this type of responsibility is very often applied to negligent employers who prevent employees from receiving documents and certificates containing data on the conduct of work at the enterprise. Also, in many cases, persons authorized to issue documents submit certificates with false data, which is also punishable by law and punishable by fines.
All possible measures of influence on the employer in these cases are prescribed by the norms of the Administrative Code of the Russian Federation, as well as in the articles of the Labor Code. Most administrative offenses are subject to a fine under the rules of the Code of Administrative Offenses of the Russian Federation. Its size directly depends on how serious consequences a perfect act has. All administrative penalties must be established by the court or by the official whose jurisdiction is the subject of the investigation of the offense.
In the event that a person commits an offense during the year, similar to the one for which he was already held administratively liable, sanctions against him are almost doubled. This is done for educational purposes. In some cases, it is possible to consider the removal of an official from labor.
Employee Administrative Responsibility
As for workers conducting their activities at the enterprise, they can also be held administratively liable for violation of labor laws. However, the points by which this can be done are significantly less compared to how many are provided for heads of organizations and enterprises.
The law states that employees of organizations are responsible for violation of labor laws in the form of unreasonable independent termination of work, performed at their own discretion. This also includes unlawfully organized strikes, as well as actions that may entail a violation of the labor process of the entire enterprise.
In addition to all this, the legislator also provides for special responsibility of officials for violation of labor laws. In administrative form, it is assigned to those categories of employees who were entrusted with secret information protected by law, but they, despite the prohibition of disclosure, included in the list of official duties, declassified this information. The same applies to persons who learned classified information in the course of their professional activities and subsequently distributed it to third parties.
For all these violations, the employee may be fined administratively. The legislator notes that its size should not exceed 25 minimum salaries of the guilty person, and if we are talking about officials, then no more than 50.
Employer criminal liability
Criminal liability for violation of labor legislation in relation to the head of an enterprise or organization is mainly presented in the form of material penalties, which are carried out in accordance with articles of the Criminal Code of the Russian Federation.
So, the employer can be prosecuted if he takes actions that impede the work of trade unions. Moreover, in this situation, the form of guilt is important for the investigation - it should be expressed in the form of intent.
An employer may be held liable for this type of employee when he fired an employee based on personal motives and motives. ( ). .
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