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Article 189 of the Labor Code of the Russian Federation. Labor code of the Russian Federation. Information about changes

Labor discipline - compulsory for all employees to comply with the rules of conduct, determined in accordance with this Code, and other federal laws, collective agreement, agreements, local regulations, labor contract.

The employer is obliged in accordance with labor laws and other regulations legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations, labor contracts to create the conditions necessary for employees to comply with labor discipline.

The labor schedule is determined by the internal labor regulations.

Internal labor regulations - a local regulatory act regulating, in accordance with this Code and other federal laws, the procedure for admitting and dismissing employees, the basic rights, obligations and responsibilities of the parties employment contract, work schedule, rest time, incentives and penalties applied to employees, as well as other regulatory issues labor relations from the given employer.

Article 190. Procedure for approval of internal labor regulations

Internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

Internal labor regulations, as a rule, are an annex to the collective agreement.

Section VIII. Labor schedule. Discipline of work

GUARANTEE:

See the diagram “Labor schedule. Labor discipline "

Chapter 29. General provisions

Information about changes:

Federal Law No. 90-FZ of June 30, 2006 amended Article 189 of this Code, which shall enter into force 90 days after the day of the official publication of the said Federal Law

GUARANTEE:

See Encyclopedias and other comments on article 189 of the Labor Code of the Russian Federation

Information about changes:

Federal Law No. 90-FZ of June 30, 2006 amended Article 190 of this Code, which shall enter into force 90 days after the day of the official publication of the said Federal Law

Article 190. Procedure for approval of internal labor regulations

GUARANTEE:

See Encyclopedias and other comments on article 190 of the Labor Code of the Russian Federation

Internal labor regulations, as a rule, are an annex to the collective agreement.

Comments to ST 189 of the Labor Code of the Russian Federation

1. Labor discipline is a necessary condition (element) of any collective labor, regardless of the organizational and legal form of organization and socio-economic relations that have developed in society. Without observing the established rules of conduct, labor discipline, it is impossible to achieve the goal for which a joint labor process is organized.

In accordance with Part 1 of the commented article, labor discipline is compulsory for all employees to comply with the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, local regulations, and labor contracts.

In the very general view the rules of conduct for employees (their basic rights and obligations) are defined in Art. 21 TC (see comments to it). In each specific organization, these rules are specified in the collective agreement, agreement, local regulations, labor contract.

2. To ensure labor discipline it is necessary to create appropriate organizational and economic conditions for normal production activities... The creation of such conditions is imposed on the employer by Part 2 of the commented article. The duty of the employer, formulated in it in a general form, to create the conditions necessary for employees to observe labor discipline, is specified in other articles of the Labor Code and federal laws, in other regulatory legal acts containing labor law norms, a collective agreement, an agreement, local regulations, and an employment contract. So, in accordance with Part 2 of Art. 22 of the Labor Code, the employer is obliged: to provide employees with work stipulated by the employment contract; provide them with equipment, tools, technical documentation and other means necessary for their execution job responsibilities; ensure safety, health and safety at work; pay employees wages in full and in deadlines; provide employees' representatives with complete and reliable information necessary for the conclusion of a collective agreement, agreement; to provide for the household needs of employees related to the performance of their labor duties, etc. (see comments to it).

3. The obligation of the employee and the employer to observe labor discipline means, first of all, the obligation to comply with the work schedule established by the employer. The labor schedule is determined by the internal labor regulations.

In accordance with Part 4 of the commented article, the internal labor regulations are a local normative act. As a local normative act, the internal labor regulations must be adopted in accordance with the rules established by Art. 8 of the Labor Code (see commentary to it and to Article 190).

The content of the internal labor regulations for each employer is determined in relation to the specific conditions and specifics of his work. However, it must comply with the Labor Code and other federal laws. So, the rights and obligations of employees and the employer should be determined in the internal labor regulations, taking into account the provisions of Art. Art. 21 and 22 TC; the procedure for hiring - in accordance with the requirements of Art. 68 of the Labor Code of the Russian Federation. The procedure for dismissing employees must comply with the rules established by Art. Art. 77 - 84, 179 - 181 and other articles of the Labor Code of the Russian Federation.

The legislator does not limit the content of the internal labor regulations to the provisions directly indicated in Part 4 of Art. 189 of the Labor Code of the Russian Federation. They may include other issues that require settlement with the employer. In each specific case, their nature is determined by the employer.

4. Along with the rules of internal labor regulations in some sectors of the economy (railway, sea, river transport; communications, etc.) for certain categories of workers there are statutes and regulations on discipline. In accordance with part 5 of the commented article, the statutes and regulations on discipline are established by federal laws. Currently, until the relevant laws are adopted, the statutes and regulations on discipline, approved by the Government of the Russian Federation, are in force. They provide for increased requirements for specific categories workers in some industries. The need to impose higher requirements on them is due to the fact that violation of the rules established by them can entail grave consequences.

For example, the Regulation on the discipline of railway workers of the Russian Federation, approved. Decree of the Government of the Russian Federation of 08.25.1992 N 621, it was established that in order to ensure the safety of train traffic and shunting work, the safety of transported goods, baggage and other entrusted property, as well as to avoid situations that threaten the life and health of passengers, from employees of enterprises, institutions and railway transport organizations require high organization in work and impeccable performance of work duties. Violation of discipline in railway transport poses a threat to the life and health of people, the safety of train traffic and shunting work, the safety of transported goods, baggage and other entrusted property, and also leads to non-fulfillment of contractual obligations.

The said Regulation applies to all employees of railway transport organizations, regardless of their organizational and legal form and form of ownership, with the exception of employees directly indicated in the Regulation. In particular, it does not apply to employees of housing and communal services and consumer services, workers supply systems, Catering on railway transport (except for employees of restaurant cars), medical and sanitary, educational institutions, etc. By the Decree of the Government of the Russian Federation of 11.10.1993 N 1032, this Regulation, with the exception of certain points, is extended to employees of the subway.

According to the Charter on the discipline of maritime transport workers, approved. By the Decree of the Government of the Russian Federation of 23.05.2000 N 395, an employee of maritime transport is obliged to contribute to ensuring the safety of navigation of ships, protection and preservation environment maintaining order on ships, preventing damage to ships, people and cargo on board, as well as ensuring safety and security technical means, equipment and other property of sea transport.

Charter on the discipline of employees of organizations operating especially radiation hazardous and nuclear hazardous production facilities and facilities in the field of use atomic energy, approved Federal Law of 08.03.2011 N 35-FZ, in order to ensure the safety of these industries and facilities, establishes increased labor discipline requirements for certain categories of employees of such organizations. In particular, the Charter establishes the obligation of employees to immediately arrive at work upon the call of the employer or a person authorized by him to prevent the development of an accident or eliminate its consequences, not to leave their own workplace(for workers on duty - not to leave unauthorizedly a nuclear installation, a radiation source or a storage facility for nuclear materials and radioactive substances, a radioactive waste storage facility).

The list of the named operating organizations is approved by the RF Government Decree of 20.07.2011 N 597. Lists of positions (professions) of employees of operating organizations, incl. workers directly ensuring the safety of especially radiation hazardous and nuclear hazardous industries and facilities in the field of atomic energy use are approved by the relevant atomic energy management bodies and are subject to registration and publication in accordance with the procedure established for state registration and publication of normative legal acts of federal executive bodies.

Discipline regulations and charters are binding on all employees who fall within their scope. Organizations are not entitled to make any changes or additions to the regulations and statutes on discipline. Some of the specifics of employee work practices that are subject to discipline regulations and charters may be covered by internal work rules. However, they should not contradict the provisions and statutes on discipline, as well as worsen the position of workers in comparison with laws, other normative legal acts containing labor law norms, a collective agreement, or an agreement.

The labor schedule is determined by the internal labor regulations.

Internal labor regulations - a local normative act regulating, in accordance with this Code and other federal laws, the procedure for admitting and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and also other issues of regulation of labor relations with this employer.

Commentary on Article 189 of the Labor Code of the Russian Federation

Article 189 of the Labor Code of the Russian Federation defines labor discipline and internal labor regulations. According to this article, discipline is compulsory for all employees to comply with the rules of conduct determined in accordance with the labor legislation of our country. Internal labor regulations are a local regulatory act governing the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, work hours and rest times, incentives and penalties for personnel, as well as other issues of regulating labor relations in a particular company. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

Another commentary on Art. 189 of the Labor Code of the Russian Federation

1. The concept of labor discipline, formulated in the commented article, as a whole, reflects the essence of the employee's duty to comply with certain rules of conduct in the labor process. The content of labor discipline is the subordination of the employee to the requirements of labor legislation, the terms of the employment contract and the orders of the employer based on them. In the most general form, the duties of the employee are defined in the provisions of Part 2 of Art. 21 of the Labor Code of the Russian Federation (see commentary). The very essence of labor relations determines the obligation of the employee to comply with the orders of the employer as the owner of the means of production.

2. Labor discipline includes the mutual rights and obligations of the employer and the employee. The employer is obliged to create appropriate conditions for the observance of labor discipline: the organization must have a system of local regulations containing instructions on the rules of behavior of employees in the labor process. This system of acts includes job descriptions, qualification characteristics employees, shift schedules, vacation schedule, etc. The most important of the local regulations in terms of focus on ensuring labor discipline are the internal labor regulations. In terms of their importance and place in the regulation of labor relations, they are correlated with the collective agreement. All other local regulations can serve as appendices to the named two acts, which form the basis of local legal regulation.

3. The internal labor regulations should include norms on the procedure for hiring, indicating which of officials the employer has the right to endorse and sign an employment contract, which documents, depending on the position or work performed, must be submitted when applying for a job (see article 65 of the Labor Code of the Russian Federation and a commentary to it).

4. The internal labor regulations should establish the procedure for dismissing employees, which determines the procedure for filing an application for dismissal at the initiative of the employee, the procedure for signing a bypass sheet (if any), submitting material values used by the employee, etc. In particular, the internal labor regulations should regulate the application of incentive measures to employees and disciplinary action(see Articles 191, 192 of the Labor Code of the Russian Federation and a commentary on them).

5. The consolidation of the rights and obligations of the employer and the employee in the internal labor regulations is based on the provisions of Art. Art. 21 and 22 of the Labor Code of the Russian Federation (see the commentary), and no more detailed specification is carried out.

6. The rules of the internal labor schedule should contain norms on the operating mode of the organization: the beginning of work and its end; time of breaks in work. In case of multi-shift work, it is advisable to formalize the shift schedules as independent acts or to attach them to the internal labor regulations (see Art. 103 of the Labor Code of the Russian Federation and the commentary to it).

7. The maintenance and strengthening of labor discipline is facilitated by the extremely clear consolidation of provisions on the time of rest. It is advisable to establish local norms on the duration of basic and additional leaves for groups of workers in a collective agreement, and on the beginning and duration of breaks during the working day - in the internal labor regulations.

8. In the recent period, in addition to the internal labor regulations, such local regulations as the rules of conduct for employees of an organization have become widespread, where corporate rules are enshrined that are more ethical than legal. These include rules regarding appearance employees, their clothing, the order of communication between employees and with visitors (clients, patients, etc.). In this case, blanket norms referring to the named local acts are formulated in the internal labor regulations.

9. In organizations of certain sectors of the economy, along with the internal labor regulations, there are statutes and regulations on employee discipline. The presence of these acts is due to the particular complexity of the labor of workers in these industries and increased requirements to their observance of labor discipline. For example, non-observance of labor discipline by railway or sea transport workers under certain circumstances can cause serious man-made accidents. Therefore, along with the disciplinary measures established by the Labor Code, some additional measures provided for by the statutes and regulations on discipline may be applied to workers in these industries (see Article 192 of the Labor Code of the Russian Federation and the commentary to it). But at the same time, the charters and regulations on the discipline of workers in certain industries provide for additional types of incentives that can be applied for conscientious observance labor duties (see Art. 191 of the Labor Code of the Russian Federation and the commentary to it).

10. The following disciplinary statutes, statutes and discipline regulations are currently in force:

- Regulations on the discipline of railway transport workers of the Russian Federation, approved by the Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608). In accordance with the Decree of the Government of the Russian Federation of October 11, 1993 N 1032 (SAPP RF. 1993. N 42. Art. 4008) the effect of this Regulation is extended to the regulation of the labor of metro workers;

- Disciplinary charter of paramilitary mine rescue units in transport construction, approved by the Government of the Russian Federation of July 30, 1994 N 879 (SZ RF. 1994. N 17. Art. 1979);

- Disciplinary charter of paramilitary mine rescue units for servicing mining enterprises of the metallurgical industry, approved by the Decree of the Government of the Russian Federation of January 16, 1995 N 47 (SZ RF. 1995. N 4. Art. 310);

- Disciplinary charter customs service Of the Russian Federation, approved by the Decree of the President of the Russian Federation of November 16, 1998 N 1396 (SZ RF. N 47. 1998. Art. 5742);

- Charter on the discipline of employees of organizations with especially hazardous production in the field of atomic energy use, approved by the RF Government Decree of July 10, 1998 N 744 (SZ RF. 1998. N 29. Art. 3557);

- Charter on the discipline of maritime transport workers, approved by the Government of the Russian Federation of May 23, 2000 N 395 (SZ RF. 2000. N 22. Art. 2311);

- Charter on the discipline of workers in the fishing fleet of the Russian Federation, approved by the Government of the Russian Federation of September 21, 2000 N 708 (SZ RF. 2000. N 40. Art. 3965);

- Charter on the discipline of crews of support vessels of the Navy, approved by the Government of the Russian Federation of September 22, 2000 N 715 (SZ RF. 2000. N 40. Art. 3966).

11. Charters and discipline regulations may not apply to all workers in the industry, but only to those whose actions are likely to cause increased harm. Thus, the Ministry of Transport of the Russian Federation, by Order No. 89 of August 25, 2000, approved the List of employees who are subject to the Charter on the discipline of maritime transport workers, including employees of key positions. On the other hand, discipline statutes can be cross-sectoral in nature, i.e. apply to workers employed in the same jobs, but in different industries. The Ministry of General and Vocational Education of the Russian Federation, by Order No. 2220 of August 25, 1998, extended the Charter on the discipline of workers in organizations with especially hazardous production in the field of atomic energy use to a number of employees of educational institutions whose work is related to the use of atomic energy sources.

The employer is given the right to encourage employees for conscientious effective work, as well as to bring negligent employees to disciplinary responsibility.

When the employer applies disciplinary measures, he is obliged to strictly comply with all the requirements established by the current labor legislation. The application of disciplinary sanctions not provided for by federal laws, statutes and discipline regulations is not allowed. In addition, the application of disciplinary sanctions in violation of the procedure established by the Labor Code of the Russian Federation is not allowed.

in the theory of law, the concepts of labor, production and technological discipline are distinguished. Industrial discipline is aimed at ensuring order in production related to the implementation of labor standards, respect for the property of the employer, maintaining order at the workplace, and so on. Technological discipline - an integral part of production discipline, is to comply with technological processes, rules for handling machines, and so on. Labor discipline is a broader concept that includes production discipline and technological discipline.

Thus, labor discipline is a concept that presupposes a certain order of relationships for participants in labor relations, and includes a number of concepts that determine mandatory rules for regulating a specific employer's work schedule, labor protection, wages, labor rationing, and so on.

Labor discipline is a hallmark of labor relations. The duty to observe labor discipline is one of the main duties of the employee as a subject of the labor relationship. At the same time, the employer is obliged to create the conditions necessary for employees to comply with labor discipline.

The parties to the disciplinary relationship are all participants in the employment relationship, primarily the employee and the employer. This is followed by the relationship between the labor collective and its members, the administration and the labor collective, the worker and the worker, and so on.

As an independent institution of labor law, labor discipline is a set of norms, rules of behavior that regulate relations in the sphere of labor discipline.

In this regard, the content of labor discipline can be considered in two aspects: objective and subjective.

In an objective sense, labor discipline includes norms that establish the work schedule by fixing the work obligations of employees and the employer, rules of behavior in the labor process, a certain mode of work and rest. This procedure is governed by the norms of the Labor Code of the Russian Federation, other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, an employment contract, adapts to the conditions of production, the specifics of the organization of labor and operates for a particular employer in the form of an internal labor schedule.

The subjective side of labor discipline is the assessment of the behavior of employees in the labor process, which includes incentives for success in work, stimulating disciplined work, as well as bringing to responsibility for violation of labor discipline. In a subjective sense, labor discipline can be considered as an indicator of compliance with the internal labor schedule, as the legitimate behavior of participants in labor relations.

Labor discipline is a form of social connection between people, which causes a change in its content, incentives and methods of its provision along with the development of social relations.

Currently, strengthening labor discipline requires other incentives to enhance labor motivation. Labor motivation is a factor that determines the involvement of the interests of each individual in productive work... Motivation to work is a subjective aspect of work discipline. On labor motivation can be influenced through psychological and moral influence (persuasion method), material and moral and legal encouragement, provision of various benefits and advantages (incentive method), as well as through disciplinary measures applied to violators of labor discipline (coercion method).

In general, the methods of labor discipline management can be divided into three groups: economic, psychological and legal. Let us dwell in more detail on the methods of legal action.

If earlier the "Code of Labor Laws of the Russian Federation" (expired on February 1, 2002) distinguished three methods: persuasion, encouragement and coercion, then within the framework of the current Labor Code of the Russian Federation, which reflected the change in social relations in our country, only incentive methods are normatively fixed and coercion.

It should be noted that the practice of applying these methods goes back millennia. Over the centuries, it is not the methods that have changed, but their content and combination. At the same time, encouragement and coercion are most often used to manage labor discipline, because for a long time the art of managing people consists in a skillful combination of the "carrot and stick" method.

The discipline of work can be considered as a complex of legal means and measures to establish, comply with and ensure the internal work schedule.

Many authors refer to the methods of labor discipline regulation:

- coercion (that is, bringing to disciplinary responsibility).

Moreover, the majority point to the exclusively psychological and moral nature of the persuasion method.

The method of persuasion, as an educational measure of influence on the consciousness of an employee in order to induce him to useful activities or to prevent unwanted actions, in modern conditions market economy, unemployment, oversupply work force has practically lost its relevance. Now an employer with labor discipline violators can terminate an employment contract and fill vacancies with competent, disciplined professionals. However, it is very important in these cases that the employer remembers his obligation to strictly follow the law and the norms of local regulations.

Moreover, if the method of persuasion can be used solely at the discretion of the employer, administration or work collective, then the use of incentive measures and disciplinary sanctions is governed by the legal norms of the federal and local levels.

Labor Code, N 197-FZ | Article 189 of the Labor Code of the Russian Federation

Article 189. Labor discipline and labor schedule

Labor discipline - compulsory for all employees to comply with the rules of conduct determined in accordance with this Code, other federal laws, collective bargaining agreements, agreements, local regulations, labor contracts.

The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, to create the conditions necessary for employees to comply with labor discipline.

New edition of Art. 189 of the Labor Code of the Russian Federation

The labor schedule is determined by the internal labor regulations.

Internal labor regulations - a local regulatory act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and also other issues of regulation of labor relations with this employer.

Commentary on Article 189 of the Labor Code of the Russian Federation

Another commentary on Art. 189 of the Labor Code of the Russian Federation

2. Labor discipline includes the mutual rights and obligations of the employer and the employee. The employer is obliged to create appropriate conditions for the observance of labor discipline: the organization must have a system of local regulations containing instructions on the rules of behavior of employees in the labor process. This system of acts includes job descriptions, qualification characteristics of employees, shift schedules, vacation schedules, etc. The most important of the local regulations in terms of focus on ensuring labor discipline are the internal labor regulations. In terms of their importance and place in the regulation of labor relations, they are correlated with the collective agreement. All other local normative acts can serve as appendices to the named two acts, which form the basis of local legal regulation.

3. The internal labor regulations should include rules on the procedure for hiring, indicating which of the employer's officials has the right to sign and sign an employment contract, which documents, depending on the position or work performed, must be presented upon admission to work (see. Article 65 of the Labor Code of the Russian Federation and a commentary to it).

4. The internal labor regulations should establish the procedure for dismissing employees, which determines the procedure for filing an application for dismissal at the initiative of the employee, the procedure for signing a bypass sheet (if any), delivery of material assets in the employee's use, etc. In particular, the internal labor regulations should regulate the application of incentives and disciplinary measures to employees (see Art. Art. 191, to them).

8. In the recent period, in addition to the internal labor regulations, such local regulations as the rules of conduct for employees of an organization have become widespread, where corporate rules are enshrined that are more ethical than legal. These include rules regarding the appearance of employees, their clothing, the procedure for communication between employees and with visitors (clients, patients, etc.). In this case, blanket norms referring to the named local acts are formulated in the internal labor regulations.

9. In organizations of certain sectors of the economy, along with the internal labor regulations, there are statutes and regulations on employee discipline. The presence of these acts is due to the particular complexity of the work of workers in these industries and the increased requirements for their observance of labor discipline. For example, non-observance of labor discipline by railway or sea transport workers under certain circumstances can cause serious man-made accidents. Therefore, along with the disciplinary measures established by the Labor Code, some additional measures provided for by the statutes and regulations on discipline may be applied to workers in these industries (see Article 192 of the Labor Code of the Russian Federation and the commentary to it). But at the same time, the charters and regulations on the discipline of workers in certain industries provide for additional types of incentives that can be used for the conscientious performance of labor duties (see Article 191 of the Labor Code of the Russian Federation and the commentary to it).

10. The following disciplinary statutes, statutes and discipline regulations are currently in force:

Regulations on the discipline of railway transport workers of the Russian Federation, approved by the Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608). In accordance with the Decree of the Government of the Russian Federation of October 11, 1993 N 1032 (SAPP RF. 1993. N 42. Art. 4008) the effect of this Regulation is extended to the regulation of the labor of metro workers;

Disciplinary charter of paramilitary mine rescue units in transport construction, approved by the Government of the Russian Federation of July 30, 1994 N 879 (SZ RF. 1994. N 17. Art. 1979);

Disciplinary charter of paramilitary mine rescue units for servicing mining enterprises of the metallurgical industry, approved by the Government of the Russian Federation of January 16, 1995 N 47 (SZ RF. 1995. N 4. Art. 310);

Disciplinary Charter of the Customs Service of the Russian Federation, approved by the Decree of the President of the Russian Federation of November 16, 1998 N 1396 (SZ RF. N 47. 1998. Art. 5742);

The Charter on the discipline of employees of organizations with especially hazardous production in the field of atomic energy use, approved by the Government of the Russian Federation of July 10, 1998 N 744 (SZ RF. 1998. N 29. Art. 3557);

Charter on the discipline of maritime transport workers, approved by the Decree of the Government of the Russian Federation of May 23, 2000 N 395 (SZ RF. 2000. N 22. Art. 2311);

Charter on the discipline of workers in the fishing fleet of the Russian Federation, approved by the Government of the Russian Federation of September 21, 2000 N 708 (SZ RF. 2000. N 40. Art. 3965);

Charter on the discipline of crews of support vessels of the Navy, approved by the Government of the Russian Federation of September 22, 2000 N 715 (SZ RF. 2000. N 40. Art. 3966).