Labor Code, N 197-FZ | Art. 189 TC RF

Article 189 of the Labor Code of the Russian Federation. Labor discipline and employment (current edition)

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

The employer must in accordance with labor law and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulatory acts, labor contracts to create the conditions necessary for observance by workers of the discipline of labor.

Labor regulations is determined by the rules of internal labor routine.

The rules of the internal labor regulation are a local regulatory act, regulating in accordance with this Code and other federal law, the procedure for the admission and dismissal of employees, the main rights, duties and responsibilities of the parties to the employment contract, the work time, the time of rest applicable to employees of the promotion and recovery measures, and Also other regulation issues labor relationship This employer.

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Comment to Art. 189 TC RF

1. Labor discipline is a necessary condition (element) of all collective labor, regardless of the organizational and legal form of the organization and socio-economic relations established in society. Without compliance with the established rules of behavior, disciplines of labor is impossible to achieve the goal for which the joint labor process is organized.

In accordance with Part 1 of the commented article, the discipline of labor is mandatory for all workers subordination to the rules of conduct specified in accordance with TC, other federal laws, a collective agreement, agreements, local regulatory acts, an employment contract.

In very general The rules for the behavior of employees (their basic rights and obligations) are defined in Art. 21 TC (see comments. To her). In each particular organization, these rules are specified in a collective agreement, agreement, local regulations, employment contract.

2. To ensure labor discipline, it is necessary to create relevant organizational and economic conditions for normal production activities. The creation of such conditions h. 2 commented on the article imposes on the employer. Formulated in it in general, the obligation of the employer to create the conditions necessary for observance by employees of the discipline of labor is specified in other articles of TC and federal laws, in other regulatory legal actscontaining labor law standards, collective agreement, agreement, local regulations, employment contract. So, in accordance with Part 2 of Art. 22 TC Employer must: provide employees due to labor contracts; provide them with equipment, tools, technical documentation and other means necessary for the performance of labor duties; ensure safety, security and labor hygiene; Pay to employees wages in full size and in deadlines; provide representatives of employees full and reliable information necessary for the conclusion of a collective agreement, agreement; Ensure the domestic needs of employees associated with the performance of labor duties, etc. (see comments. To her).

3. The duty of the employee and the employer to comply with the discipline of labor means first of all the obligation to observe the employment regulations established at the employer. Labor routine is determined by the rules of the internal labor regulation.

In accordance with Part 4 commented on the article, the rules of the internal labor regulation is a local regulatory act. As a local regulatory act, the internal labor regulations must be taken in accordance with the rules established by Art. 8 TC (see comments. To her and to Art. 190).

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

The legislator does not limit the content of the rules of the internal labor regulation by the provisions directly indicated in part 4 of Art. 189 TC. They may include other issues requiring settlement from this employer. In each case, their character is determined by the employer.

4. Along with the rules of the internal labor regulation in some sectors of the economy (railway, marine, river transport; communication, etc.) for certain categories of workers, the charters and regulations on discipline are valid. In accordance with Part 5 of the commented article, the Charters and the Regulations on the discipline are established by federal laws. Currently, prior to the adoption of relevant laws, the charters and provisions on discipline approved by the Government of the Russian Federation are approved. They provide for increased requirements to special categories employees of some industries. The need to present to them higher requirements is due to the fact that the violation of the rules established by these may entail serious consequences.

For example, the Regulations on the discipline of railway transport workers of the Russian Federation, approved. Decree of the Government of the Russian Federation of August 25, 1992 N 621, it was established that in order to ensure the safety of trains and maneuvering 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 organizedness in the work and impeccable fulfillment of labor duties. Violation of discipline on railway transport creates a threat to the life and health of people, the safety of trains and maneuver work, the safety of transported goods, baggage and other entrusted property, and also leads to non-compliance with contractual obligations.

The above position 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 specified in the Regulation. In particular, it does not apply to workers of housing and communal services and domestic services, the working supply system, catering On railway transport (except for workers of restaurants and educational cars), health, educational institutions, etc. Decree of the Government of the Russian Federation of 11.10.1993 N 1032 This provision, with the exception of individual items, is distributed to metro employees.

Supreme Court decision: Resolution N 301-AD14-1385, Judicial Collegium on Administrative Affairs, Cassation

Based on paragraph 2 of Article 188, TC TC on the Declarant is entrusted with a customs declaration of goods, submit to the customs authority documents on the basis of which the customs declaration is filled. Article 189 of the TC TCs found that the declarant is responsible in accordance with the legislation of the Customs Union member states for non-fulfillment of the responsibilities provided for in Article 188 of this Code, as well as for the application of false information specified in customs Declaration, including when making customs authorities Decisions on the release of goods using the risk management system ...

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The rules of domestic labor regulations are approved by the employer, taking into account the opinion of the representative body of workers in the manner established by Article 372 of this Code for the adoption of local regulatory acts.

The rules of the internal labor regulation are usually annex to a collective agreement.

Comments to Art. 190 TC RF

1. The work schedule is determined by the rules of the internal labor regulation (Article 189 of the TC).

Internal labor regulations (PVT) may have the following structure: 1) general provisions; 2) reception and dismissal of workers; 3) staff assessment; 4) basic rights, responsibilities and responsibilities of the parties to the employment contract; 5) mode of operation; 6) the rules of summarized accounting of working time; 7) resting time; 8) labor payment; 9) promotion measures; 10) recovery measures

Until September 25, 1992, PVT 3 species operated: typical, industry and PVTs of a particular enterprise, institution, organization.

According to Art. 189 TC now exists 1 type of rules - those that develop and accept the employer itself. For example: ruling Pension Fund Of the Russian Federation of July 10, 2008 N 195P "On approval of the rules of the internal labor regulation of the Pension Fund Russian Federation".

Internal employment regulations are regulated by the following regulatory acts: PVT; technical rules and instructions; officers, etc.

Rules are accepted in the following order:

1) the employer is developing draft rules;

2) the project is sent to the electoral body of the primary trade union organization, representing the interests of all or most employees;

3) the employer, according to Art. 190 TC, approves the rules that come into force from the moment they are approved.

It is advisable to constantly improve the PVT, considering them as the most important regulatory act - a tool for improving the organization of labor and labor relations. When developing PVT, it is necessary to take into account Art. Art. 15, 68, 91, 100, 104, 108, 109, 111, 119, 136, 189, 190 TC, in which PVTs are mentioned. In PVT, you can include sections on wages, about commercial secrets, insurance, as well as labor protection rules, the rules for summing up working time.

2. The text of the PVT is hung in organizations in prominent places.

We give the PVT developed by us, which include the rules of different organizations.

Internal Labor Rules

Approved by the employer

"___" __________ 20__

1. General Provisions

1.1. The rules of the internal labor regulation are intended to regulate labor relations inside the organization, the establishment of an employment regulation, minimizing losses, creation effective organization work on a scientific basis rational use working time, providing high quality services and works, sales of goods, high labor productivity, increasing profits.

1.2. The discipline of labor is the relationship between employees about the fulfillment of their responsibilities, the distribution of responsibilities and the rights, the use of rights, the establishment of responsibility, the use of disciplinary management measures.

1.3. Questions related to the application of the rules of the internal labor regulation are solved by the employer within the rights granted to him.

1.4. The rules of the internal labor regulation are required for all employees.

1.5. The rules of the internal labor regulation must comply with the current labor legislation.

2. The procedure for the reception and dismissal of employees

2.1. When admission to work, the employer is obliged to demand from incoming the following documents (in some cases, taking into account the specifics of the work of the TC, other federal laws, decrees of the President of the Russian Federation and the regulations of the Government of the Russian Federation, there may be a need for additional documents when concluding an employment contract):

passport or other document certifying;

labor bookExcept for cases when the employment contract is concluded for the first time or the employee comes to work on a part-time work;

insurance certificate of state pension insurance;

military accounting documents - for military-ridden and persons subject to military service;

a document on education, the qualifications or availability of special knowledge - upon admission to work, requiring special knowledge or special training.

2.2. It is forbidden to demand from the person entering the work, in addition to the data provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and the regulations of the Government of the Russian Federation.

2.3. When concluding an employment contract for the first time, the employment record and the insurance certificate of state pension insurance are issued by the employer.

2.4. It is forbidden to demand documents from the worker when taking a job, the submission of which is not provided for by law, the rules of the internal labor regulation.

2.5. The employer has the right to check the professional suitability of the employee when taking a job in the following ways (to carry out part of them, it is necessary to obtain the consent of the employee):

analysis of the submitted documents,

interview

establishing various tests, including using a polygraph,

establishing a test period.

2.6. The employment contract is in writing.

2.7. Reception to work is issued by the order (order) of the employer who is announced by the employee under receipt. In the order (disposal), the name of the work (positions) should be indicated in accordance with:

A single tariff-qualification reference book of works and professions of workers (ETKS);

Qualifying reference book of managers, specialists and other employees;

All-Russian classifier of workers' professions, employee posts and tariff divisions (OKPDTR);

staff schedule and remuneration terms.

2.8. Actual assumption to work by officials:

___________________________________________________________________________

it is considered to be the conclusion of the employment contract, regardless of whether the employment was decorated properly.

2.9. When an employee arrives at work or when it is transferred in the prescribed manner to another job, the employer must:

a) familiarize the employee with the requested work, the terms and conditions of work, clarify his rights and obligations;

b) familiarize him with the rules of the internal labor regulation;

c) to instruct safety, industrial sanitation, labor hygiene, fire protection and other rules for labor protection;

d) familiarize with the rules of business behavior;

e) familiarize with the rules for using confidential information and inventions.

2.10. In all employees who have worked over 5 days, labor books are underway in the manner prescribed by the current legislation.

2.11. Termination of an employment contract may only take place on the grounds provided for by law.

2.12. On the day of dismissal, the employer is obliged to give the employee his labor book with a record of dismissal record and make a final calculation with him. Records about the reasons for dismissal in the labor book should be made in accurately according to the wording of current legislation and with reference to the relevant article, the clause of the law.

3. The main responsibilities of employees

3.1. Work honestly and conscientiously, with high responsibility, abide by the discipline of labor, timely and accurately perform orders

___________________________________________________________________________

(List persons with the right to give instructions)

use everything working time For productive work, refrain from actions that prevent other employees to fulfill their labor duties.

3.2. Honestly and rightly refer to colleagues, customers, suppliers, competitors, government, public, raise prestige

(Name of the organization)

3.3. Respect the dignity and personal rights of each employee of the organization.

3.4. Protect all types of ownership.

3.5. Report to the direct supervisor, in the security department of all situations that can lead to loss of property.

3.6. Do not disclose private information about:

a) business plans;

b) financial plans;

c) marketing plans, product service;

d) personal data of workers;

e) medical data;

e) earnings;

g) engineering and production know-how;

h) plans for business and production cooperation with external suppliers and friendly companies;

and) internal databases;

to) applications for patents and materials on which it applies to

m) undeclared products;

n) income;

o) the volume of work and demand for capital;

n) work equipment;

p) strategy

__________________________________________________________________________.

(Name of the organization)

3.7. Do not deceive colleagues at work and partners outside

__________________________________________________________________________.

(Name of the organization)

3.8. To communicate direct supervisor about all violations of legislation.

3.9. To report to the direct supervisor on competitors' initiatives to disable confidential information.

3.10. To inform the direct leader about the money delivered home or gifts from the supplier or client and return them to the donor.

3.11. Comply with all laws and rules applicable to the field of activity

__________________________________________________________________________.

(Name of the organization)

3.12. Strictly observe laws on guard ambientImmediately report to the direct supervisor about violations of laws and actions aimed at hiding such violations.

3.13. Do not violate installed

__________________________________________________________________________.

(Name of the organization)

rules, acting through intermediaries or fake persons.

3.14. Do not have financial relations with organizations with whom

__________________________________________________________________________.

(Name of the organization)

linked business relationships.

3.15. Perform established labor standards and production tasks.

4. Invalid workers actions

4.1. Sexual harassment in relation to employees

__________________________________________________________________________.

(Name of the organization)

4.2. The expression of racial or religious contempt.

4.3. Remarks, jokes or other actions encouraging or allowing, according to management, creating an aggressive environment in the workplace.

4.4. Any behavior in the workplace, which can, in the opinion of the organization's management, lead to intimidation of employees and create an aggressive environment.

4.5. Discrimination and intimidation based on race, skin color, religion, gender, sex orientation, age, disability, experience or any other features that are not related to business interests

__________________________________________________________________________.

(Name of the organization)

4.6. Threats.

4.7. Roughness and violence.

4.8. Wearing weapons of any type.

4.9. The use, distribution and sale of drugs, as well as other substances affecting the substances, unless they were used to direct the doctor.

4.10. Interviews concerning activities

__________________________________________________________________________.

(Name of the organization)

without permission to administration.

4.11. Use of consumables for personal purposes, use of communication and information received from databases, not in the interests

__________________________________________________________________________.

(Name of the organization)

4.12. Present

__________________________________________________________________________.

(Name of the organization)

accounts for non-dinners, unspent gasoline, unused flights, etc.

4.13. Displays with other reports

__________________________________________________________________________.

(Name of the organization)

or unauthorized persons.

4.14. Declections of information received from potential or real suppliers.

4.15. Relationship based on the principle "You - I am me."

4.16. Disranged comments on competitors, slander, lie.

4.17. Industrial espionage, illegal penetration into someone else's territory, theft with hacking, listening and theft and other unworthy ways to disclose commercial secrets and other confidential information.

4.18. Violation of the license agreement - reproduction, distribution of the program, etc.

4.19. Errors in writing brand And in its image.

4.20. Corrupt practices.

4.21. Acceptance from a supplier or customer gifts or money, services, including personal discounts when buying goods for personal use or service at preferential prices, etc., with the exception of gifts, the cost of which does not exceed 5 established by law minimum wages (art. 575 GK).

4.22. Adoption of commission or other remuneration for providing services to a third party.

4.23. Presenting money or gifts to managers, representatives and employees of any supplier, customer, government agent or other organization, with the exception of gifts in the amount established by Art. 575 GK.

4.24. Proposal to persons responsible for concluding contracts profitable work or profitable transactions personally for them.

4.25. The proposal of remuneration associated with the upcoming decision on the conclusion of the contract.

4.26. Proposal to buy private information related to the upcoming decision.

4.27. Work in

__________________________________________________________________________.

(Name of the organization)

which promotes its goods and services to the market, competing with

__________________________________________________________________________.

(Name of the organization)

4.28. Occupation commercial activities with promoting its goods and services competing with

__________________________________________________________________________.

(Name of the organization)

4.29. Activities in the role of a supplier of goods and services for

__________________________________________________________________________,

(Name of the organization)

as well as a representative, employee or member of the Board of Directors of the Supplier Organization.

4.30. Making money or any other remuneration for the service provider and tips concerning its cooperation with

__________________________________________________________________________.

(Name of the organization)

4.31. Exercise outsiders or their personal business Indoor and during working hours, including a paid organization time intended to solve personal issues.

4.32. Using equipment

__________________________________________________________________________.

(Name of the organization)

her phones, materials, resources or private information

__________________________________________________________________________.

(Name of the organization)

to perform an extraneous work of any kind.

4.33. Speech on behalf of the Organization without the permission of the manual or without receiving the appropriate authority.

4.34. Acquisition of shares of the organization of a closed type, which are competitors, suppliers, distributors or rimarketeers of products.

4.35. Purchase or sale of supplier or competitor shares before official announcement of information.

4.36. Buying or selling the shares of the organization to the point where the information that affects the cost will be announced officially.

4.37. Purchase or sale of shares of clients or friendly companies under the influence of information received about these companies.

5. Rights of employees

5.1. Participate in management through general meetings, various bodies authorized by the team, make proposals for improving work, as well as on social and cultural or domestic services (Art. 21 of the TC).

5.2. At the remuneration for labor without any discrimination and not lower than the minimum wage established by the Federal Law.

5.3. Unite into trade union organizations.

5.4. To rest.

5.5. For compensation for harm (damage).

5.6. On the workplaceProtected from the impact of harmful and dangerous factors for normal working conditions.

5.7. Take such services from their customers as a free lunch if the costs of it are included in the established framework and are not prohibited by law.

5.8. Contact the head of any level on any issue, including issues such as violation of the law or unethical behavior.

5.9. On vacation without detention, for the implementation of social, political activities.

5.10. In addition, the employee uses other rights granted to him by TC and other regulatory acts, as well as an employment contract (contract).

6. Employer Rights

6.1. Clarify the PVT: to determine, adjust the work function of the employee in accordance with the labor legislation.

6.2. Give instructions, mandatory for a subordinate employee.

6.3. Assess the work of subordinate workers.

6.4. Control compliance with laws, PVT, Ethical Code.

6.5. Collect information about private life their employees if it is connected with the implementation official duties, for example, data on health care or benefits.

6.6. Provide customers with the consent of the leadership free food, accommodation, flight on airplanes.

6.7. Encourage employees in accordance with its competence.

6.8. Take to the employee measures disciplinary penalty In accordance with its competence.

6.9. Conduct regular interviews with subordinate employees.

6.10. Take into account all cases of non-fulfillment by the subordinate duties, manifestation of labor activity.

7. Responsibilities of the employer

7.1. Proper to organize labor workers.

7.2. Provide healthy and safe working conditions.

7.3. Create conditions for the growth of indicators in the work.

7.4. Provide severe observance of labor and production discipline.

7.5. Comply with labor legislation, labor protection rules, improve working conditions.

7.6. Take measures to prevent industrial injuries.

7.7. Constantly control knowledge and adherence to employees of all requirements and safety instructions, industrial sanitation and health care, fire protection.

7.8. Support innovators.

7.9. Carefully treat the needs and demands of workers.

8. Working hours and its use

8.1. The start and end time and breaks for recreation and nutrition are set as follows: _________________________________________________.

8.2. The work of a number of employees is regulated by the replacement schedules, which are brought to the attention of workers no later than 1 month. Before entering them into action.

8.3. The administration is obliged to organize the accounting of turnouts to work and care from work, as well as the use of a lunch break.

8.4. Overtime works are usually not allowed.

8.5. Other rules

__________________________________________________________________________.

(Name of the organization)

8.6. The rules for summing up working time.

9. Rest time

9.1. The order of the provision of annual leave is established by the employer.

9.2. The employee has the right to leave without salary salary (Art. 128 of the TC), which is issued by the order (by order), the duration of which is determined by agreement between the employee and the employer.

9.3. Such a vacation is provided according to the employee's application in the following cases: the funeral of close relatives; Wedding of close relatives and friends; Other relevant dates and events for employee.

9.4. The vacation schedule is drawn up by agreement with the employee for each year no later than 2 weeks before the calendar year.

10. Warning

10.1. Rules of remuneration _____________________________________________.

10.2. Rules of remuneration _____________________________________________.

11. Promotions for success in work

11.1. For the manifestation of activity with a positive result, long-term and impeccable work, an increase in the number of sales, etc. The following promotions are applied:

a) Announcement of gratitude;

b) rewarding a valuable gift;

c) awarding a diploma;

d) in the book of honor, on the board of honor;

e) premium;

(e) Submission to the title "Best By Profession".

11.2. In addition to the above, the administration establishes the following types of rewards: _________________________________________________________________.

12. The responsibility of the employee for violation of the discipline of labor

12.1. Violation of labor discipline - non-fulfillment or poor-quality execution of its duties without a good reason, the unacination of the planned labor results, the excess of the rights caused to other citizens, entails the use of disciplinary recovers or social impact measures.

12.2. For violation of discipline Administration:

__________________________________________________________________________.

(officials are listed)

applies the following disciplinary penalties:

1) Note;

2) reprimand;

3) dismissal.

The abrasion is considered the lack of workplace without good reasons During the entire working day (shift), regardless of its (its) duration, as well as the absence of more than 4 hours in a row during the working day (shift) without valid reasons.

12.3. Prior to the use of recovery from the violator of labor discipline, explanations in writing should be requested. An employee's refusal to give an explanation cannot be an obstacle to the application of recovery.

12.4. Disciplinary recovery cannot be applied later than 1 month. From the date of its detection, not counting the time of the disease of the employee or his stay on vacation, later than 6 months. From the day of the misdemeanor and according to the results of a revision or verification of financial and economic activities - no later than 2 years from the date of its commit. The time of production in the criminal case does not turn on this time.

12.5. For each violation of labor discipline, only 1 disciplinary recovery can be applied. When applying penalties, the severity of the perfect misconduct, the circumstances under which it is performed, preceding the work and behavior of the employee are taken into account.

12.6. The order (order) on the use of disciplinary recovery indicating the motives of its application is announced (reported) by the employee who has been recovered, on receipt at 3 days.

12.7. The order in the necessary cases is communicated to all employees.

12.8. If during the year from the date of use of disciplinary recovery, the employee will not be subjected to a new disciplinary recovery, then it is considered not subject to disciplinary recovery.

12.9. The employer may remove the recovery in its order until the expiration date.

3. Measuring the level of labor discipline. To control the discipline, it is necessary first of all to learn to measure it in order to determine how certain measures can be determined, the conditions affect the discipline, which you need to make attention, which link in this work is first allocated. Level measurement is necessary and in order to compare discipline in various structural units Team.

4. Disciplinary relationship management - a special kind professional activity. The management process includes: awareness by the team, subject to the management of objectives for the management of discipline; planning measures to solve these tasks; organization of work on their execution; measurement of the level of discipline; control over the work on the management of the discipline and the execution of responsibilities, respecting the rights; Accounting of violations, etc.

Discipline management is a change in its level, i.e. The process of execution of duties and use of rights to such a state, which is necessary for the enterprise at this stage of its development and is achievable due to the circumstances of the conditions in this organization.

As in any managerial processIn the process of control, 3 states can be distinguished: a stable level of discipline; Development of discipline from simple forms to complex (in this case, discipline is developed - its level increases); from forced discipline to self-discipline; Degradation - the transition of discipline from high level To low, from self-discipline to forced discipline.

The ultimate goal of the work on the management of disciplinary relations is the development of self-discipline. This is the task and labor legislation that the legislator puts, regulating labor relations.

In all organizations common tasks The following are:

1) Studying the conditions contributing to the failure to fulfill the duties, exceeding the rights of various categories of workers, the reduction of these conditions to a minimum. One of the conditions is impunity of the intruder. The more commonly repeated in the eyes of the team, impudent disorders of the discipline are repeated, the weaker the conviction necessarily to abide by the discipline;

2) systematic work on the management of disciplinary relations;

3) study of beliefs in the team and the displacement of prejudices;

4) the development of self-discipline;

5) the development of legal, labor activity;

6) the creation of conditions that prevent violations;

7) ensuring the use of impact measures for each without exception;

8) accounting of all cases of non-fulfillment of duties, exceeding the rights, manifestation of activity;

9) the promotion of all workers who showed activity and reached positive results;

10) creating economic conditions;

11) the creation of organizational conditions for the normal operation of the team;

12) Creating a necessary level of self-government.

Another group of tasks reflects the specific specifics of the employer's conditions.

Questions of labor discipline It is advisable to include in a collective agreement (if such an agreement is lies) in the form of an independent section.

The problem of the laws of management of labor discipline has long attracted the attention of researchers. Of course, tempting, starting the pattern, learn to effectively manage the discipline. For example, in 1914, P. Sorokin, the founder of the theory social stratification and social mobilityMade an attempt to bring the main theorems of the motivational influence of punishment and awards for the behavior of people.

In these theorems there were a lot of loyal trends. We give some of them.

All other things being equal in the award and punishment, the more effect on behavior, the closer the moment of their implementation.

Long-term car and award do not affect behavior.

Kara and the award is the stronger, the stronger the person believes in their inevitability.

Award and Cara is the stronger than more this man Needs this award to meet your needs or the more benefit, more necessary, takes Kara.

The effectiveness of punctures and award depends on how much the behavior required by them coincides or contradicts that behavior that this individual considers more fair.

The larger the number of once the impunity violations in front of a person are repeated, the weaker the conviction of a person becomes necessary to abide by the norm of behavior.

Of the 2 awards, more desirable, pleasant, necessary - more efficient.

5. The plan for the work of the personnel department for the management of disciplinary relations is usually compiled by the personnel department. Planning is a complex multifaceted activity. First of all, this is an organization of labor relations and definition labor function employees in the form of rights, duties, responsibility. When solving this task, 3 documents are of particular importance: the rules of the internal labor regulation, the job description and the employment contract. The responsibilities of the employee must be exhaustively presented in the documents, otherwise they do not have legal force. Since the organization of labor is constantly changing together with the working conditions, all of these documents are advisable to constantly revise the changed circumstances.

Another activity is to create control systems for the formulation of tasks and the performance of duties. The ideal embodiment of this task is to establish an institution for each employee of the information card, in which all cases of disorders of the discipline and the manifestation of activity would be observed, and the levels of periodic evaluation of its activities were recorded.

The next line of activity is to organize the use of impact measures in all cases of non-performance of duties, exceeding rights when manifesting an employee of activity.

It is also necessary to establish an assessment of the work of all employees and is based on systematic correction of behavior.

6. Regulations of the Government of the Russian Federation of April 24, 2008 N 552-P and N 553-P in State Duma The Federal Assembly of the Russian Federation introduced projects of federal laws "Charter on the discipline of workers of maritime transport" and "Charter on the discipline of inland water transport workers".

The discipline of labor is obligatory for all workers subordination to the rules of conduct, determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulatory acts, employment contract.

The employer is obliged in accordance with labor law and other regulatory legal acts containing the norms of labor law, a collective agreement, agreements, local regulatory acts, an employment contract to establish the conditions necessary for observance by workers of the discipline of labor.

Labor routine is determined by the rules of the internal labor regulation.

The rules of the internal labor regulation are a local regulatory act, regulating in accordance with this Code and other federal law, the procedure for the admission and dismissal of employees, the main rights, duties and responsibilities of the parties to the employment contract, the work time, the time of rest applicable to employees of the promotion and recovery measures, and Also other issues of regulating labor relations for this employer.

Comment to Art. 189 TC RF

1. This article, determining the concept of labor discipline, also establishes the rules in general, ensuring that it is reflected in the fundamental rights and responsibilities of the parties to the employment contract (see a comment on Art. Art. 21, 22, 56,).

3. When developing the rules of internal labor regulations, it can be recommended to employers as a sample of previously typical rules of the internal labor regulation for workers and employees of enterprises, institutions and organizations approved by the decision of the USSR State Protection District in coordination with the Central Bank of July 20, 1984 N 213 (BNA USSR . 1985. N 1).

4. In some sectors of the economy (in transport, in organizations with particularly dangerous industries, etc.) for certain categories of workers there are centrally approved by the Charters and Regulations on the discipline (see a comment on Art. Art. 192, 330 of the Labor Code of the Russian Federation).

Second Comment on Article 189 of Labor Code

1. Labor discipline is the subject of study of various sciences: psychology, sociology, economics and a number of others. Based on the content of this article, it is necessary to consider the discipline of labor as a legal (legal) category. As such category of "discipline of labor" performs in four aspects: 1) as one of the basic principles of labor law; 2) as an element of labor relationship; 3) as the Institute for the Special Part of Labor Law; 4) as the actual behavior of the participants in the employment process.

2. The discipline of labor is interconnected with production and technological discipline. Production discipline means production order. It covers the discipline of the work and even goes beyond its limits. In addition to labor, the production discipline includes the provision of clear and rhythmic work of the organization, providing employees with raw materials, tools, materials, work without downtime, etc. The employer is responsible for industrial discipline. As for employees, they are responsible only for violation of labor discipline.

In addition to the production, discipline of labor is also associated with technological discipline. It lies in compliance with technological rules in production. If the employee disrupts the technological discipline, it is a production omission and gives the ground to the employer along with the attraction of the perpetrator to disciplinary responsibility for the full or partial deprivation of its premium.

3. In organizations, safe working conditions and adequate labor protection should be created. Responsibilities for secure conditions and labor protection are assigned to the employer (Art. 212 of the Code). It is also obliged to provide employees work due to an employment contract that meets the requirements of labor protection and occupational hygiene, as well as to create the conditions necessary for observance by workers of the discipline of labor.

The employer must stimulate labor, encourage workers for conscientious work, success in work. In relation to certain unscrupulous employees, coercion should be applied. It should be expressed in applied to violators of the work discipline of disciplinary effects.

4. Employees must consciously refer their duties. It must be said that most of them understand the need to comply with the discipline of labor.

5. The Labor Code provides for all employees compulsory subordination to the rules of conduct provided for by the Codex, laws, a collective agreement, an agreement, an employment contract, local regulatory acts of organizations.

Working in labor relations must first of all in conscientiously perform his labor duties; comply with the rules of the internal labor regulation of the organization, labor discipline, to carry out established labor standards; Perform the requirements for labor protection and ensuring its safety, carefully refer to the property of the employer and other employees (see Art. 21 of the Code).

6. In our country, labor regulations in organizations is determined by the rules of the internal labor regulation.

The article describes that the internal labor regulations are the local regulatory act of the organization. They regulate the procedure for the admission and dismissal of employees, the rights and obligations of the parties to the employment contract, the work and time and time of recreation, applied to employees of the promotion measures, recovery, as well as other issues of regulating labor relations from this employer. The rules of the internal labor regulation are intended to ensure the rational use of every worker of working time, an increase in labor productivity.

Usually, the rules of the internal labor regulation contain the following sections:

1) general provisions (about the action of rules);

2) the order of admission and dismissal of workers;

3) working time (operation mode) and rest time;

4) the main responsibilities of employees;

5) the main responsibilities of the employer;

6) promotion for successes in work;

7) responsibility for violation of work discipline. Rules apply to all employees.

7. In certain sectors of the economy for certain categories of workers, the charters and provisions on the discipline are approved, which are taken by decree of the President of the Russian Federation or are approved by the Government of the Russian Federation in accordance with federal laws. It should be known that, as a rule, the provisions and charters on discipline do not apply to all employees, but apply only to certain categories provided for in these acts. With regard to those workers who do not fall under the charters or regulations on discipline, the rules of internal labor regulations are distributed in full.

8. Provisions and charters on discipline are mandatory for those employees who fall under their effect. Employers themselves do not have the right to add additions and changes in them.

One of distinctive features These acts are more stringent in them than for other employees, recovery measures.

Chapter 29. General

Article 189. Labor discipline and labor regulations

The discipline of labor is obligatory for all workers subordination to the rules of conduct, determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulatory acts, employment contract. (as amended by Federal Law of 30.06.2006 N 90-FZ)

The employer is obliged in accordance with labor law and other regulatory legal acts containing the norms of labor law, a collective agreement, agreements, local regulatory acts, an employment contract to establish the conditions necessary for observance by workers of the discipline of labor. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Labor routine is determined by the rules of the internal labor regulation. (as amended by Federal Law of 30.06.2006 N 90-FZ)

The rules of the internal labor regulation are a local regulatory act, regulating in accordance with this Code and other federal law, the procedure for the admission and dismissal of employees, the main rights, duties and responsibilities of the parties to the employment contract, the work time, the time of rest applicable to employees of the promotion and recovery measures, and Also other issues of regulating labor relations for this employer. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 190. The procedure for approving the rules of the internal labor regulation

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The rules of domestic labor regulations are approved by the employer, taking into account the opinion of the representative body of workers in the manner established by Article 372 of this Code for the adoption of local regulatory acts. (as amended by Federal Law of 30.06.2006 N 90-FZ)

The rules of the internal labor regulation are usually annex to a collective agreement. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Chapter 30. Labor discipline

Article 191. Promotion for labor

The employer encourages workers who conscientiously performing labor duties (declares gratitude, gives the award, awards a valuable gift, certificate, presents to the rank of the best in the profession).

Other types of promotions for labor workers are determined by the collective agreement or the rules of the internal labor regulation, as well as the charters and regulations on discipline. For special labor services to society and the state, employees may be presented to state awards. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 192. Disciplinary recovery

For the commission of a disciplinary offense, that is, non-performance or improper performance by an employee by its fault of labor duties assigned to him, the employer has the right to apply the following disciplinary recovery:

1) Note;

2) reprimand;

3) dismissal on appropriate grounds.

Federal laws, charters and regulations on the discipline (part of the fifth article 189 of this Code) for individual categories of workers may also provide other disciplinary recovery. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Disciplinary penalties, in particular, refers to the dismissal of the reasons 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 Codex in cases where guilty actions, giving grounds for the loss of trust, or, accordingly, immoral misconduct were made by an employee at the place of work and in connection with the execution of labor duties. (as amended by federal laws of 30.06.2006 N 90-ФЗ, from 28.02.2008 N 13-FZ, from 03.12.2012 N 231-FZ)

The use of disciplinary penalties not provided for by federal laws, charters and regulations on discipline is not allowed. (Part Fourth introduced by Federal Law of 30.06.2006 N 90-FZ)

When you impose disciplinary recovery, the severity of the perfect misconduct and the circumstances under which it was perfect were performed. (Part Fifth introduced by Federal Law of 30.06.2006 N 90-FZ)

Article 193. The procedure for applying disciplinary penalties

Before applying disciplinary recovery, the employer must request a written explanation from the employee. If after two working days the specified explanation by the employee is not provided, then the corresponding act is drawn up. (Part One as amended by Federal Law of 30.06.2006 N 90-FZ)

Unposable explanation by an employee is not an obstacle to the use of disciplinary recovery. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Disciplinary penalty is applied no later than one month from the date of the misconduct detection, not counting the time of the employee's disease, staying on vacation, as well as the time required for the opinion of the representative body of workers.

Disciplinary recovery cannot be applied later than six months from the date of the misdeeding, and according to the results of the audit, testing of financial and economic activities or an audit - later than two years from the date of its commit. The time of production in the criminal case does not turn on this time.

For each disciplinary misconduct, only one disciplinary penalty can be applied.

The order (order) of the employer on the use of disciplinary action is announced by an employee for painting within three working days from the date of its publication, not counting the time of the absence of an employee at work. If the employee refuses to familiarize himself with the specified order (ordered) under the painting, then the corresponding act is drawn up. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Disciplinary penalties can be appealed to the employee to the State Labor Inspection and (or) authorities for the consideration of individual labor disputes. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 194. Removing disciplinary recovery

If during the year from the date of the use of disciplinary recovery, the employee will not be subjected to a new disciplinary recovery, then it is considered not to have disciplinary recovery.

Employer Before the expiration of the year from the day the disciplinary action is expired, it has the right to remove it from an employee on his own initiative, the request of the employee itself, the petition of his immediate supervisor or the representative body of workers.

Article 195. Attracting the disciplinary responsibility of the head of the organization, head of the structural division of the organization, their deputies at the request of the representative body of workers

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The employer is obliged to consider the statement of the representative body of workers about violation by the head of the Organization, the head of the organization's structural division, their deputy employment legislation and other acts containing the norms of labor law, the conditions of the collective agreement, agreements and report on the results of its consideration into the representative body of workers.

In the case when the fact of violation was confirmed, the employer is obliged to apply to the head of the Organization, the head of the organization's structural division, their deputy disciplinary recovery until dismissal.

1. Labor discipline is an established procedure, without maintaining which it is impossible to ensure consistent activities in the process of joint labor of employees of the organization (Part 1 of Article 189 of the Labor Code of the Russian Federation). The discipline of labor requires workers to properly execute labor duties enshrined in Art. 21 TCs, others federal laws and other regulatory legal acts containing labor law standards (see Art. 5 and comments. To her).

2. The rules for the behavior of workers during joint activities are determined by a collective agreement, agreements, as well as local regulatory acts received by the employer (within their competence) in the manner prescribed by Art. 8 TC. To local regulatory acts include: the rules of the internal labor schedule, official instructions, replacement graphics, etc.

3. The regulator of the behavior of workers is an employment contract concluded with them. A specific sign of an employment contract that distinguishes him from civil law contracts (contract agreements, orders, paid provision Services, etc.), is the subordination of the employee to the internal labor schedule established in the organization (compliance with the working time regime, technological discipline, timely execution of orders and orders of the employer, etc.).

Among the essential conditions that make up the content of the employment contract, the rights and obligations of the employee, labor and recreation, if it is in relation to this employee differs from general rulesestablished in the organization (see Art. 57 and comments. To her).

4. Part 2 of article 189 of the Labor Code of the Russian Federation states that labor discipline is ensured by creating the necessary organizational and economic conditions for normal high-performance work. Thus, the employer is obliged to provide the work due to the employment contract; ensure labor safety and conditions that meet the requirements of labor protection and hygiene; provide workers with equipment, tools, technical documentation and other means necessary for the performance of labor duties; pay a timely salary; Take care of the domestic needs of workers related to the performance of labor duties. With a clear execution by the employer of his duties on the organization of labor and life of employees (Art. 22 of the TC), there are no grounds for disorders of labor discipline.

5. The rules of the internal labor regulation are established: the order of admission and dismissal of workers, the obligations of the employee and the employer, the organization's work, promotion for labor and responsibility for violations of work discipline.

The responsibilities of employees are formulated in the rules of the internal labor regulation in accordance with the provisions of Art. 21 (see comments. To it) in relation to the specific conditions of this organization.

For the responsibilities of the employer, see comment. to art. 22.

The law does not establish any special requirements for the content of the internal regulations. In each case, it is determined at the discretion of the organization itself. When developing the rules of the internal labor regulation in the organization, typical rules of the internal labor regulation for workers and employees of enterprises, institutions, organizations, and appliances can be used as an exemplary sample. Resolution of the USSR State District Committee in coordination with the WCSPS of July 20, 1984 (State Protection Bulletin of the USSR. 1984. N 11).

6. Along with the rules of the domestic labor regulation, in some sectors of the economy, there are charters and regulations on discipline, providing for increased requirements for certain categories of employees of these industries (part 5 of Article 189 of the TK RF).

The need to present to them higher requirements is due to the fact that the violation of the established rules may entail serious consequences. So, in the Regulations on the discipline of railway transport workers of the Russian Federation, App. Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP of the Russian Federation. 1992. N 9. Art. 608), it is noted that it determines special conditions Compliance with the discipline by rail transport employees, since its violation creates a threat to the life and health of people, the safety of trains and maneuver work, the safety of transported goods, baggage and entrusted property, and also leads to non-fulfillment of contractual obligations.

The title applies to all employees of railway transport organizations, regardless of their organizational and legal forms and forms of ownership. The exception is the category of workers directly listed in the position. These are employees of housing and communal services and domestic services, system of working supply, catering at railway transport (except for workers of restaurant cars), health care, educational institutions, etc. (p. 1 - 3 positions).

In the charter on the discipline of employees of organizations with particularly dangerous production in the field of use atomic energy, apply. Decree of the Government of the Russian Federation dated July 10, 1998 N 744 (SZ of the Russian Federation. 1998. N 29. Art. 3557), it is envisaged that the Charter enshrines the responsibilities of employees of relevant organizations in order to ensure the safety of nuclear hazardous facilities and prevent unauthorized actions against nuclear materials, nuclear facilities and storage points of nuclear materials and radioactive substances, radioactive waste repositories.

The action of the Charter applies to employees of organizations whose list is approved by the Government of the Russian Federation, as well as employees of operating organizations directly ensuring the safety of the use of atomic energy. Lists of positions (professions) of employees of organizations on which the action of the title of the title is distributed is developed and approved by the relevant federal executive authorities.

For employees customs Service There is a disciplinary charter of the Customs Service of the Russian Federation, approved. Decree of the President of the Russian Federation of November 16, 1998 N 1396 (SZ of the Russian Federation. 1998. N 47. Art. 5742).

7. Applying Article 189 of the Labor Code of the Russian Federation, it should be borne in mind that the provisions and charters of the discipline are mandatory for all employees who fall under their effect. Employers are not entitled to make any changes or additions to them. Some features relating to the labor regulations of workers subject to the provisions and charters of the discipline may be provided for in the rules of the internal employment regulations of organizations, but they should not contradict the provisions and charters on discipline.