Dismissal for a one-time gross violation of labor duties: legal or not? One-time gross violation of labor duties by an employee One-time gross violation of labor duties

Having a specialist create a complex form will cost a lot. The reason is that the absence of errors is sometimes decisive. The assistant begins to have emotions about the person who stated his reasons by reading the document and its contents. In reality, the statement is a proxy for the intelligence of the signatory. This becomes fundamentally influential in places if the exit depends on an emotional decision.

In part one of the article on violation of labor discipline, the primary grounds for dismissing an employee at the initiative of the employer were given - these are the employee’s repeated failure to fulfill his labor duties and a gross violation of labor discipline, which is expressed by absenteeism. There are also other grounds for termination of an employment contract at the initiative of the employer, which are established by the Labor Code of the Russian Federation.

In addition, at the initiative of the employer, the contract with the employee may be terminated in connection with the latter’s disclosure of a secret protected by law - state, official, commercial or other, which became known to him due to the fulfillment of certain labor obligations. At the same time, access to secrets and obligations to not disclose them must be formalized by the employer accordingly and reflected in the employment contract concluded with the employee. Disciplinary action in the form of dismissal based on the disclosure of secrets by an employee can be carried out only after the fact of disclosure has been established in court.

Disclosure of a trade secret, as well as its illegal receipt, also entails liability under current legislation, including criminal liability. An employee's access to information constituting a trade secret is carried out both with the consent of the employee and under the conditions of the existence of certain labor obligations stipulated by the employment contract. In order to ensure the protection of confidentiality of information, the employer is obliged to:

Familiarize the employee with the list of information that constitutes a trade secret, the confidentiality regime and the penalties for violating it;

Create all conditions for the employee to comply with the established trade secret regime.

Violations of labor discipline - we punish the employee

Labor legislation provides for the creation of each organization's own rules of procedure. It is this document that employees are guided by, because it describes all labor issues and issues that arise at the enterprise: the start and end times of the working day, the procedure for calculating wages and even the specifics of trade secrets.

Even a slight delay or leaving the workplace for 5 minutes can be considered a violation of labor discipline. Such seemingly harmless offenses can result in heavy penalties. Therefore, it is very important to learn to identify those actions that are violations, as well as assess the possible punishment for them.

Violation of labor discipline - definition and types

First you need to understand the basic concepts. Labor discipline is a set of rules that apply to an enterprise and are mandatory for all its employees. These include work rules, corporate ethics, labor protection rules, etc. The employer himself, in addition to creating these rules, must ensure the possibility of their implementation, because if he does not do this, then any violation by the employee of any rule will be recognized as the fault of his superiors.

To understand why various penalties can be applied to employees, you need to clearly understand those actions that constitute a violation of discipline and what it is.

Responsibilities of the employee

The Labor Code defines a number of responsibilities that are inherent to an employee, namely:

Compliance with all fixed rules and labor standards.
High-quality and conscientious performance of official duties.
Compliance with work rules, labor protection and various regulations and requirements that are present in the workplace.
Take care of the material property that the enterprise has.
Notify your management if any hazards arise that could harm other employees.

It is believed that if an employee has violated at least one of these points, he has violated labor discipline.

Types of labor discipline violations

There are three groups of violations that an employee can commit, depending on the characteristics of the work process itself:

a) technological, which combine all violations of various technological standards;

b) violations of coordination of the management process and subordination, if management procedures in the organization are violated;

c) regime violations (rest and work time).

So, if an employee contributes to the damage of products, then he will commit a technological offense, and if he is late for the workplace, then he will commit a security offense.

Each violation entails the collection of supporting documents and an investigation.

List of labor discipline violations

Among the most common offenses that are associated with violation of labor discipline are:

visiting the workplace under the influence of alcohol, drugs or any other intoxication;

offenses that are related to labor protection and led to any accident;

being late (to the start of work or even to the end of the lunch break), as well as absenteeism;

leaving a certain workplace too early (during work or at the end of the day);

work in an incomplete volume, which is fixed in advance;

embezzlement, theft or damage to property that belongs to the employer;

disclosure of any trade secrets;

refusing medical examinations or training required for the job;

illegal acts;

violation of subordination and orders of management;

special failure to comply with the requirements written in orders and instructions;

active participation in activities that may reduce the authority of management.

From this entire list, gross violations include constant absenteeism, forgery of documents, theft, attending work while drunk, or committing some illegal act.

All types of failure to fulfill their work duties are divided according to the following criteria:

a) by time and deadlines;

b) at the place of execution;

c) by volume;

d) by method of execution;

e) in form;

e) by performer.

Disciplinary offenses are acts of violation of discipline during the performance of official duties.

Also, every employer must be able to distinguish between misconduct and financial liability, because if an employee has caused some kind of material damage, then the liability for this may continue after the end of the employment relationship.

Penalties for violations of labor discipline

Article 192 of the Labor Code defines several penalties that apply to employees in the Russian Federation:

a) remark;

b) reprimand;

c) dismissal.

If one of the local documents indicates the possibility of depriving a bonus for misconduct, then the employer can take advantage of it.

In the event that there are Federal laws describing special methods of punishment, then they can also be applied.

Reprimand for violation of labor discipline

In case of violation of discipline, a report is created about this with a detailed description of the offense, the chosen punishment and the explanation of the employee himself. Although the remark does not cause much harm, it can stop the employee from systematic violations that are caused by repetition of misconduct.

Reprimand for violation of labor discipline

The reprimand that is issued when a disciplinary offense is committed is of two types: ordinary and strict. It must be written down in the order, but is not indicated in the work book. It can only note the dismissal, which was due to constant violations and failure to perform one’s work.

Dismissal for violation of labor discipline

It is believed that dismissal is the last resort of all possible penalties. It is assigned if a person has committed a very serious violation or stopped working. So, in banking institutions, for example, they can safely fire you if an employee has committed theft of property.

Responsibility for violation of labor discipline

Labor legislation states that all employees are responsible for their actions and are required to familiarize themselves with the labor protection rules, procedures and other requirements upon signature. The employer retains the right to impose penalties if the employee violates something. At the same time, they are compared with the complexity of the offense.

The procedure for punishment for a disciplinary offense

The authorities independently choose the punishment, which should be based on existing information and legislative norms.

Act on committing a disciplinary offense

Each violation must be recorded using an act. This paper is created by the employee’s superiors together with witnesses. Then the document, after signing, is sent to the employee, and a second copy is sent to higher management so that they can take any action. Those people who will be responsible for drawing up this act must be indicated in advance in local documents.

Employee's explanations

The employee must provide an explanation of what happened. It is advisable to require it in writing to protect yourself from unnecessary problems. Sometimes an act can be created, but only if the person refuses to explain any nuances. At the same time, it is worth knowing that such a reluctance to comment on the situation cannot exempt you from punishment, so it is advisable to still issue a note within 2 days.

The act of misconduct, the report and explanatory note of the employee himself are sent to senior management, who already determine the specifics of imposing a penalty in a given situation.

Order to impose a penalty

Management must analyze all the information and papers present in order to subsequently issue an order stating the employee’s misconduct.

Although there is no fixed example of such a document (ready-made forms exist for creating dismissal orders), the act describes the violation itself, the time it was committed and the punishment that was chosen. The documents that regulate all this are also indicated. The completed order must be endorsed by the employer, the violator’s immediate superior and the head of the human resources department.

The order is not noted in any way in the work book unless it led to dismissal, although a copy of it can be filed in the employee’s personal file after the violator has familiarized himself with it. No more than three days are given for this. It is very important to compare the size of the penalty and the complexity of the offense, and also to impose it reasonably so that the person cannot challenge it in any way.

Order to lift a disciplinary sanction

If the authorities decide to cancel the punishment, they can do this within a year after the offense occurred. To do this, you need to draw up a new order, where you must describe the reasons that prompted you to remove the penalty. After its publication, the employee must familiarize himself with the document in the general manner (as after a violation).

The punishment can be canceled on its own (as if it never happened) if no further violations were committed by the employee during the calendar year.

Time limits for imposing penalties

Any punishment can only be used within a month after the punishment. If more than six months have passed, then the employer is no longer able to influence his employee. In the event that the offense was discovered only after the next audit, the possible sentence is increased to 2 years.

It should be understood that a fine cannot be applied in case of violation of labor discipline at the enterprise, but deprivation of incentives (for example, bonuses) can be used by decision of management. If an employer punishes his employee more than once for the same offense, this will be a violation of current legislation.

Examples of violations of labor discipline

Among all the misconduct, the most popular is absenteeism, which consists of the absence from work of an employee who did not warn his management in any way and did not provide a normal and confirmed reason. If some kind of emergency situation occurs (fire, attack, accident), then the possibility is considered that the person did not have the opportunity to explain something. Based on this, for the sake of their own safety, employers are not advised to immediately punish an employee in any way, because if his reason was valid, then he can calmly complain to his management in court with a request to restore justice.

Gross violation of labor discipline

Section: Labor Law |

In the first part of the article on violation of labor discipline, the primary grounds for dismissing an employee at the initiative of the employer were given - these are repeated failures by the employee to fulfill his labor duties and gross violation of labor discipline. which is expressed by absenteeism. There are also other grounds for termination of an employment contract at the initiative of the employer, which are established by the Labor Code of the Russian Federation.

Another gross violation of labor discipline, which serves as a basis for the dismissal of an employee, is his appearance at work in a state of alcohol, narcotic or other toxic intoxication. At the same time, it does not matter significantly whether the employee was suspended from work, was on the territory of the organization or directly at his workplace, as well as when the violation was committed - at the beginning or end of the working day. Dismissal based on this violation is a form of disciplinary action. The state of any toxic intoxication must be confirmed by relevant documents - a medical report, issued within one day, acts with signatures of witnesses. Other documents may also be drawn up - other evidence that must record that the violation was committed by the employee during working hours, at the workplace or at a specific facility where he, on the instructions of the employer, was supposed to perform his job duties.

When disclosing state secrets, liability arises as provided for by the federal laws of the Russian Federation. It is worth noting that access to state secrets for citizens of the Russian Federation and officials is carried out only on a voluntary basis and provides for the following:

Acceptance of obligations not to disseminate information entrusted to him;

Consent to a temporary, partial restriction of his rights;

Written consent to carry out measures to verify the fulfillment of assigned duties;

Familiarization with the norms of the relevant legislation of the Russian Federation, which provide for liability for its violation;

Determining the size, types and procedure for providing social guarantees;

The decision by the head of a state government body to grant access to information constituting a state secret.

As a gross violation of labor duties by the head of the organization (branch, representative office), his deputies should, in particular, be regarded as failure to fulfill the duties assigned to these persons by the employment contract, which could result in harm to the health of employees or property damage to the organization.

Based on the content of paragraph 10 of part one of Article 81 of the Code, heads of other structural divisions of the organization and their deputies, as well as the chief accountant of the organization cannot be dismissed on this basis. However, an employment contract with such employees can be terminated for a one-time gross violation of their labor duties under paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation, if the acts committed by them fall under the list of gross violations specified in subparagraphs “a” - “e” of paragraph 6 of part first article 81 of the Code, or in other cases if provided for by federal laws.

Taking into account that Article 3 of the Code prohibits restricting anyone’s labor rights and freedoms depending on their official position, and also taking into account that the dismissal of the head of an organization in connection with the adoption by an authorized body of a legal entity either by the owner of the organization’s property or by a person authorized by the owner ( body) of a decision on early termination of an employment contract is essentially dismissal at the initiative of the employer, and Chapter 43 of the Code, which regulates the specifics of the work of the head of an organization, does not contain rules depriving these persons of the guarantee established by part six of Article 81 of the Labor Code of the Russian Federation, in the form of a general ban on dismissal of an employee at the initiative of the employer during the period of temporary disability and while on vacation (except in the case of liquidation of the organization or termination of activities by an individual entrepreneur), the employment contract with the head of the organization cannot be terminated under paragraph 2 Article 278 of the Code during the period of his temporary incapacity for work or while on vacation.

The explanations given are contained in paragraphs. 49, 50 Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

Judicial practice of dismissal
manager for a single gross violation..

1. The court proceeded from the fact that the fact of a one-time gross violation of labor duties on the part of the plaintiff occurred, grounds for termination of the employment contract under clause 10 of part 1 of art. 81 Labor Code of the Russian Federation were available. However, when dismissing the plaintiff, the employer violated the established procedure for dismissal, and therefore the court declared the plaintiff’s dismissal illegal and reinstated the plaintiff in his previous position.

The plaintiff filed a lawsuit for reinstatement at work and recovery of wages for the period of forced absence, indicating that he was wrongfully dismissed on the grounds established by paragraph 10 of part 1 of Article 81 of the Labor Code of the Russian Federation for a one-time gross violation by the head of the organization of his labor duties.

The demands were satisfied, it was stated that when the plaintiff was dismissed, the employer violated the established procedure for dismissal, and therefore the court declared the plaintiff’s dismissal illegal and reinstated the plaintiff in his previous position. In accordance with Article 394 of the Labor Code of the Russian Federation, if dismissal or transfer to another job is declared illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute. From the meaning of the provisions of Article 234 of the Labor Code of the Russian Federation, it follows that the employer has an obligation to compensate for material damage in connection with illegal dismissal. This payment is essentially a measure of the employer’s financial liability for the illegal dismissal of an employee (Decision of the Supreme Court of the Russian Federation of May 28, 2010 No. 5-B10-34).

2. The court recognized the dismissal as legal, since despite the absence of a job description for the head of a bank branch, the plaintiff, being the head of the branch, was obliged to ensure compliance with the Regulations on the provision of consumer loans to individuals, to monitor the work of the employees subordinate to her in issuing consumer loans

The plaintiff filed a lawsuit to declare the dismissal order illegal, reinstate her at work, collect wages for the period of forced absence, bonuses, and compensation for moral damages.

The court decision rejected the claims. The court came to the conclusion that despite the absence of a job description for the head of a bank branch, the plaintiff, being the head of the branch, was obliged to ensure compliance with the Regulations on the provision of consumer loans to individuals, to monitor the work of her subordinate employees in issuing consumer loans to individuals and, as a manager, should bear full responsibility for the operation of the branch. Since the plaintiff’s official duties were not fulfilled, as a result of unlawful actions, expressed in the absence of her control over the issuance of consumer loans, the amount of non-repayment at the time of inspection amounted to 28,650,000 rubles, which is confirmed by the comprehensive inspection report.

Thus, the court found that the plaintiff committed a gross violation of her labor duties, since the processing and issuance of consumer loans to individuals was carried out in gross violation of the bank’s local regulations and these violations were systematic and not one-time in nature (dated April 14, 2011 in the case N 33-8678).

3. The employer had no grounds for dismissing the plaintiff in accordance with clause 10, part 1, art. 81 of the Labor Code of the Russian Federation, since the plaintiff committed a one-time gross violation of labor duties - absenteeism, and therefore a disciplinary measure was applied to him - dismissal

The plaintiff filed a claim in court for reinstatement at work, recognition of the dismissal order as illegal, indicating that his position was not a managerial one, and he could not be dismissed in accordance with paragraph 10 of Art. 81 of the Labor Code of the Russian Federation, indicated that his absence from work was forced, since he was suspended from work.

By the decision of the district court, the claim was rejected, the reason for dismissal was changed, indicating the reason for dismissal: part 1, clause 6, subclause “a” of the Labor Code of the Russian Federation “absenteeism”. In overturning the court's decision, the cassation court indicated the following.

The employer had no grounds for dismissing the plaintiff in accordance with clause 10, part 1, art. 81 of the Labor Code of the Russian Federation, since the plaintiff committed absenteeism.

It is impossible to recognize dismissal as legal under Art. 81 part 1 clause 6 subclause “a” of the Labor Code of the Russian Federation, since the removal of the plaintiff from work indicates the absence of grounds to believe that the employee has committed a gross violation of labor duties in the form of absence from work during the entire working day (Determination of the St. Petersburg City Court dated March 16, 2011 N 33-2942/2011).

4. Dismissal of the plaintiff for a one-time gross violation of his labor duties under clause 10, part 1, art. 81 of the Labor Code of the Russian Federation was declared illegal by the court, since the order of dismissal also does not indicate a specific one-time violation of the plaintiff’s labor duties

By order, the plaintiff was dismissed from his position on the basis of clause 10 of Art. 81 Labor Code of the Russian Federation.

From the explanations of the defendant’s representative and the order to dismiss the plaintiff, the court established that the reason for the plaintiff’s dismissal was the results of an audit of his activities as head of the State Security Service of the Novosibirsk Region. It follows from the inspection report that the plaintiff violated his labor and official duties more than once during 2009. However, it does not follow from the said act for what specific violation the plaintiff was fired. The dismissal order also does not indicate a specific one-time violation of the plaintiff’s labor duties. Under these circumstances, the court came to a reasonable conclusion that the dismissal was illegal (dated March 2, 2011 in case No. 33-3171).

5. Absenteeism cannot serve as grounds for dismissal under clause 10 of Art. 81 of the Labor Code of the Russian Federation, since the law establishes a special norm for dismissing an employee for absenteeism - paragraph “a”, paragraph 6 of Art. 81 Labor Code of the Russian Federation. The plaintiff was dismissed simultaneously on two mutually exclusive grounds, meanwhile, the defendant had no legal grounds for dismissing the plaintiff under paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation, nor under paragraph 10 of Art. 81 Labor Code of the Russian Federation

Sh. filed a lawsuit against the company to declare the dismissal order illegal, change the wording of the grounds and date of dismissal, collect wages for the period of work and collect average earnings for the period of forced absence, and collect compensation for unused vacation.

The court satisfied the claim. It is indicated that two orders were issued to dismiss the plaintiff with the same number and date: at his own request, under clause 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation and for a single gross violation of labor duties, according to paragraph 10 of Art. 81 Labor Code of the Russian Federation.

The court came to the correct conclusion that the plaintiff’s dismissal was illegal, since he was dismissed simultaneously on two mutually exclusive grounds. In addition, the court found that the defendant did not have legal grounds for dismissing the plaintiff under paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation, nor under paragraph 10 of Art. 81 Labor Code of the Russian Federation.

The plaintiff did not submit an application for dismissal of his own free will, and therefore the defendant did not have the right to dismiss the plaintiff under clause 3 of part 1 of Art. 77 Labor Code of the Russian Federation. The court of first instance reasonably assumed that absenteeism cannot serve as a basis for dismissal under clause 10 of Art. 81 of the Labor Code of the Russian Federation, since the law establishes a special norm for dismissing an employee for absenteeism - paragraph “a”, paragraph 6 of Art. 81 of the Labor Code of the Russian Federation (Definition of the Moscow City Court of February 2, 2011 in case No. 33-291).

6. Recognizing the dismissal of the plaintiff on the basis of paragraph 10 of part 1 of Article 81 of the Labor Code of the Russian Federation, the court reasonably proceeded from the fact that the plaintiff held the position of commercial director, that is, he was not the head of the organization (branch, representative office) or his deputy

The plaintiff filed a lawsuit to declare the dismissal illegal, to change the wording of the dismissal, to collect wages, and to compensate for moral damages. The requirements were satisfied, and the court indicated the following.

Recognizing the dismissal of the plaintiff on the basis of paragraph 10 of part 1 of Article 81 of the Labor Code of the Russian Federation as illegal, the court reasonably proceeded from the fact that K. held the position of commercial director, that is, he was not the head of the organization (branch, representative office) or his deputy. In addition, the court was not presented with evidence of a gross violation of K.’s duties, the failure of which entailed causing property damage to the organization (Determination of the Moscow Regional Court dated December 21, 2010 in case No. 33-24604).

7. The court’s conclusion that the violations committed by the plaintiff in the performance of his official duties are of a gross nature and is premature because it is based on general assumptions that the plaintiff’s failure to comply with the law could lead to significant property damage to the municipality

A.L. filed a lawsuit to declare illegal the imposition of a disciplinary sanction in the form of dismissal, reinstatement as head of the district administration, payment for the period of forced absence and recovery of compensation for moral damage.

The court decision rejected the claims. In canceling the said court decision, the regional court stated the following.

The court came to the conclusion that the above violations committed by A.L. in the performance of their official duties are of a rude nature. However, such a conclusion is premature.

Indeed, the case materials confirm the fact of violation by A.L. norms of current legislation in the performance of his official duties. At the same time, the responsibility to prove that such a violation actually took place and was of a gross nature lies with the employer. As a gross violation of labor duties by the head of the organization (branch, representative office), his deputies should, in particular, be regarded as failure to fulfill the duties assigned to these persons by the employment contract, which could result in harm to the health of employees or property damage to the organization.

In this dispute, the question is about the nature of what A.L. committed. violation of their labor duties when concluding an agreement to perform one-time work on municipal roads actually remained uninvestigated, while this circumstance is legally significant in the case (Cassation ruling of the Pskov Regional Court of December 23, 2008 in case No. 33-1489).

8. In refusing to satisfy the stated requirements, the court proceeded from the fact that as a result of the inspection it was established that the explosion on the ship took place in connection with a violation of current regulations imposing on the enterprise the obligation to perform certain actions before placing the ship for repairs. Thus, the vessel was not properly inspected before docking; a report was not drawn up, in which it was necessary to reflect that it was approved for repair work with the presence of fuel and oil, indicating its quantity, where it was located and what measures were taken to safety precautions should have been carried out in this regard. See further "Review of the practice of consideration by the courts of the Kaliningrad region in 2008 of civil cases on reinstatement at work."

In this note, I will tell you about the basis for terminating an employment contract as a one-time gross violation of labor duties by an employee. If an employee grossly violates his labor duties, he may be dismissed under clause 6 of part 1 of Article 81 of the Labor Code of the Russian Federation. Moreover, one single violation is enough for termination of the contract to be possible.

The law includes the following as gross violations of labor discipline:

- absenteeism - that is, the absence of an employee from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) );

- the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic (drug or other toxic) intoxication;

— disclosure by an employee of a secret protected by law (including state, commercial, official and other) that became known to him in connection with the performance of his job duties, including the disclosure of personal data of another employee;

- theft by an employee at the place of work (including small) of someone else’s property, its waste or intentional destruction (damage), established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

- violation of labor protection requirements by an employee established by the commission (authorized) for labor protection - if the violation entailed serious consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of their occurrence.

The employer has the right to initiate a procedure for early termination of an employment contract in relation to a particular employee on the basis of documents proving the latter’s guilt in committing actions (the occurrence of circumstances) and, thus, making it possible to dismiss the culprit. Documents confirming the employee’s guilt in a committed violation of labor duties can be confirmed by:

— act of absence of an employee from the workplace. In this case, the duration of continuous absence must be at least 4 hours in a row;

— a medical report on the results of an examination of an employee who appeared at work in a state of alcoholic (drug or other toxic) intoxication;

— conclusions based on the results of the investigation (if necessary, with the attachment of investigation materials) of the fact of disclosure by the employee of a secret protected by law;

- a court verdict (a decision of a body authorized to apply administrative penalties), which has entered into legal force and confirms the fact that an employee at the place of work committed theft of property, its waste or deliberate destruction (damage);

— conclusions based on the results of the investigation (if necessary, with the attachment of investigation materials) of the fact of violation by the employee of labor protection requirements, which entailed serious consequences or knowingly created a real threat of such consequences.

All listed documents must be properly completed. It is necessary to pay attention to the fact that dismissal on the grounds provided for in paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation is a disciplinary sanction and, therefore, when carrying out the procedure for early termination of an employment contract, the employer is obliged to adhere to the procedure for applying disciplinary sanctions defined in Article 193 of the Labor Code of the Russian Federation.

Let's take a closer look at each of the grounds for dismissal.

Subparagraph “a” of paragraph b clearly defines what should be considered truancy. However, the employer needs to pay attention to the following:

— suspension of work due to a delay in payment of wages for more than 15 days is not considered absenteeism. In this case, the employee must notify the employer of his intentions in writing in advance;

- the employee has the right to refuse to perform work not stipulated by the employment contract. Therefore, his absence from the workplace for the specified reason is also not absenteeism.

If an employee decides to quit and leaves the workplace without notifying the employer in writing two weeks in advance, the employer has the right to consider such actions as absenteeism.

An employee’s appearance at work in a state of intoxication (subparagraph “b” of paragraph 6) can be confirmed not only by a medical report. The evidence will be a document signed by two witnesses and a representative of the employer. The offender must also sign the document. However, if he refuses to sign, an appropriate entry must be made in the act. The employer is obliged to remove the offender from performing work (Article 76 of the Labor Code of the Russian Federation), i.e. do not allow him to enter the workplace as soon as it becomes obvious, for example, by some specific external signs, that the latter has consumed alcohol (drugs, etc.).

In the event that the employee has not been suspended from work, responsibility for the possible consequences of his performance of work duties while intoxicated falls on the employer. In the future, the employee may be allowed to perform work as soon as the circumstances preventing this no longer exist. However, this does not deprive the employer of the right to dismiss an employee for gross violation of labor discipline. If, despite the testimony given in relation to the employee by other persons, a subsequent medical report does not confirm the fact of his intoxication, then the employer does not have the right to refuse the employee access to the workplace.

Dismissal for disclosure by an employee of a secret protected by law (subparagraph “c” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation) is possible if:

1. An employment contract or other document, with which the employee was familiarized with signature, contains a condition on the inadmissibility of disclosure by the employee of information constituting a secret protected by law.

2. The relevant information was entrusted to the employee for the performance of the work assigned to him (labor function).

3. The fact of disclosure by an employee of relevant information - for example, personal data of another employee - is documented.

Early termination of an employment contract with an employee for theft or intentional destruction of someone else’s property committed at the workplace (subparagraph “d” of paragraph 6) is possible if his guilt is established. This can only be done by a court or body (official) that has the right to apply administrative penalties. The basis for dismissal is the decision of the above authorities to hold the employee accountable.

Please note: dismissal under subparagraph “d” of paragraph 6 is possible if the court verdict indicates that the perpetrator has been sentenced to punishment, which does not exclude the possibility of the employee fulfilling his job duties.

This circumstance must be taken into account when issuing a dismissal order and making appropriate entries in the work book.

Dismissal under subparagraph “e” of paragraph 6 of Art. 81 of the Labor Code of the Russian Federation is possible if:

1. The employee was familiarized with the labor safety requirements against signature.

2. The employer provided the employee with safe working conditions that meet all legal requirements.

3. The employee’s violation of these requirements actually entailed serious consequences or created a real threat to their occurrence.

4. The circumstances listed above are documented: by an industrial accident report, an expert opinion issued by an authorized body, a resolution of a state labor protection inspector, etc.

The employer issues an order (instruction) regarding the dismissal of an employee. On its basis, other necessary documents are drawn up.

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 of the Labor Code of the Russian Federation “Basic rights and obligations 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 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

“An 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 can initiate disciplinary proceedings with the participation of the workforce. 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 of 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 ordinary 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 matters of labor legislation of the Russian Federation will be relevant.

Dismissal for a one-time gross violation of labor duties: legal or not? One-time gross violation of labor duties by an employee One-time gross violation of labor duties

Violations of labor discipline - we punish the employee