Concept, methods of ensuring labor discipline. The work schedule of the organization and its regulation. Legal regulation of economic relations Methods of ensuring labor discipline tc

As mentioned above, work discipline is a certain order of behavior of employees of the firm, which determines their obligations and ensures consistency in actions in the performance of specific labor functions. The discipline of work in each organization is regulated by the Labor Code of the Russian Federation, internal regulations of the company, contracts and agreements.

The importance of work discipline lies in the fact that it contributes to:

• Increase in labor productivity and production efficiency;
• Increasing the degree of innovation in labor;
• Achieving high quality work;
• Protecting the health of employees and reducing the incidence of industrial injuries.

Methods of ensuring labor discipline

In accordance with the Labor Code of the Russian Federation, there are two main methods of ensuring labor discipline: incentives and penalties.

The instruments for implementing the collection method are:

• Rebuke;
• Comment;
• Dismissal.

The employer chooses the specific measure, but when choosing, he must necessarily take into account the severity of the act and the circumstances under which it was committed.

Employers are not allowed to use a collection method that is not provided for by labor law. Failure to comply with this prohibition may lead the company to administrative liability.

The tools of the incentive method are:

• Award issuance;
• Promotion;
• Awarding a diploma or a valuable gift;
• Announcement of gratitude.

The employer can choose any of these tools. The obligation to remunerate an employee appears only if it is determined in one of the company's internal documents in which case the incentive will be carried out. If the type and amount of remuneration is not determined, the employer has the right to establish them independently.

The main legal methods of ensuring labor discipline in enterprises are the most commonplace ones, such as the persuasion method and the method of coercion, used in cases where persuasion methods are insufficient to ensure law and order. The persuasion method is the main means of maintaining the work schedule in the enterprise. The method of persuasion is understood as various social events carried out in order to educate, increase the sense of responsibility, consciousness and discipline of workers.

To ensure an honest and conscientious attitude to work among citizens, the state uses first of all legal methods of persuasion, and only then coercion. As one of the main goals of persuasion, one should single out the transformation of the social needs of workers into their personal needs, the encouragement of workers to a conscious, active and effective attitude towards work.

Work to strengthen labor discipline should be focused on both the individual employee and the team as a whole. A person who has committed a disciplinary offense is convinced that he is acting against not only the public interest, but also with his own individual interests.

In the work collective, there is a constant struggle of various beliefs, that is, a struggle for the direction of activity. Consequently, the method of persuasion is designed to solve not only the task of educating an individually specific employee, but also a more difficult task - to instill a truly masterful attitude of members of the work collective to their work, to instill in them a sense of responsibility for the result of the work of the entire collective. In the science of labor law, the opinion has been established that persuasion is carried out in two main directions - ideological and psychological impact. Ideological influence ensures the formation of ideological conviction, awareness of the organic community of personal and public interests, participation of workers in competition, etc. The specified type of influence is carried out through educational, cultural and educational work, legal education, etc.

Persuasion through psychological influence presupposes the all-round use of the interest of a particular person in satisfying his higher material, functional and spiritual needs, which are organically combined with the solution of the tasks facing the state and society, a specific work collective.

The task is that not only management personnel, but also all employees of the labor collective know modern methods of personnel management, be able to find the most effective ways to solve emerging problems.

The experience of work collectives shows that legal methods of persuasion are much more effective than methods of coercion.

Forms of persuasion play an important role in shaping the consciousness of workers.

There are many forms of persuasion: dialogue, criticism, self-criticism, polemics, etc.

Dialogue is a form of communication that requires activity on both sides. This is a real change of object and subject in the process of communication. A dialogue requires a common basis and a difference in views on the solution of a particular problem by its participants.

Discussion, controversy is a search for truth through a comprehensive comparison of different opinions. Their goal is to publicly defend their point of view and refute their opponent.

In cases where methods of persuasion are insufficient to ensure law and order at the enterprise, methods of coercion are applied to violators of labor discipline.

Coercion is a method of influence that ensures that actions by individuals, social groups or classes are performed against their will in the interests of the coerser.

In other words, coercion is the exercise by a leader of his powers under certain conditions stipulated by law. The method of coercion is applied only to employees who, being in an employment relationship, through their own fault violate their assumed labor obligations. Coercive measures applied for violation of labor obligations must be established by law.

It must be remembered that coercion is used only in combination with persuasion and the very fact of the possible application of disciplinary measures is used as a means of forming the employee's habit of voluntarily observing labor discipline.

The vast majority of violations of labor discipline at work are associated with drunkenness and alcoholism. Statistics show that out of 100 violations of labor discipline, more than 60% are committed on the basis of drunkenness. People who were injured at work were, in most cases, intoxicated.

Considering the essence of any punishment, it can be noted that this is a psychological and pedagogical method of educational influence on a person or a group. Psychologically, punishment allows the employee to understand the inadmissibility of the act he has done; the fear of repeated punishment, combined with this understanding, becomes a psychological barrier to the repeated commission of such actions.

In general, for achieving high efficiency in work, it is more important not to punish, but to stimulate. A person, as a rule, resists punishment and disclaims responsibility for the final result of his work. On the contrary, if the work is interesting, and the employee is rewarded for its successful performance - morally or financially, he will work properly.

Based on the foregoing, we can conclude that the employer should strive to maintain labor discipline by various methods of stimulating his employees. And only if they are ineffective to apply disciplinary measures to violators of labor discipline.

Labor discipline at, in institutions and organizations provided by the creation of the necessary organizational and economic conditions for normal high-performance work, a conscientious attitude to work, methods of persuasion, education, as well as encouragement for conscientious work. In relation to individual unscrupulous employees, disciplinary and social measures are applied where necessary.

• as one of the principles of labor law;
• independent institution of labor law (objective property);
• element of the labor relationship (subjective property);
• actual behavior.

Labor discipline as the principle of labor law is understood as a guiding principle that permeates all norms of labor law and is associated with the fulfillment of the obligation to observe labor discipline.

how labor law institute Labor discipline in an objective sense is a set of legal norms that regulate the internal labor regulations of the organization, establish the labor obligations of employees and the employer, determine methods of ensuring labor discipline, incentives for success in work and responsibility for the culpable failure to fulfill these duties.

Labor discipline as element of employment relationship(its subjective property) is manifested in the establishment of the proper behavior of specific employees in general, collective work, in the individualization (personification) of their labor duties in connection with the concluded labor contract (or entering into an employment relationship on other grounds).

Labor discipline also manifests itself as actual behavior parties to the labor relationship, that is, the level of observance of labor discipline by all workers in production. This level can be: high, when all participants in the labor process strictly observe labor discipline; average, when employees observe labor discipline, but some of them allow certain deviations, violations; low if there are frequent massive violations.

Definition of labor discipline

The discipline of work in each specific organization is determined by section. VIII Labor Code of the Russian Federation (Art.189-195) and internal ruleswork schedule. For certain categories of workers, violations of labor discipline in whose activities can lead to serious consequences, statutes and regulations on discipline (all types of transport, fishing industry, communications, etc.), approved by the Government of the Russian Federation in accordance with federal laws, are in effect.

The employer is obliged to create the conditions necessary for the employees to comply with labor discipline.

The labor schedule is determined by the internal labor regulations. Internal labor regulations of the organization - a local regulatory act of the organization, regulating, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for admitting and dismissing employees, the basic rights, obligations and responsibilities of the parties to the employment contract, work hours, rest time, incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the organization.

Strengthening labor discipline

Labor discipline in organizations is ensured the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude to, methods of persuasion, education and encouragement. In relation to individual unscrupulous employees, disciplinary measures are applied where necessary.

The leading place is persuasion method as the main way to strengthen labor discipline, since it is the principle of employee behavior in the labor process, the principle of conscience and self-discipline.

Education method used mainly as an auxiliary means of ensuring labor discipline. Its main purpose is to instill in the employee a sense of conscientious and honest attitude to work.

Methods of persuasion, education, and rewards for conscientious work can be both moral and material in nature and are applied by the administration jointly or in agreement with the trade union body of the enterprise.

Internal labor regulations each given labor collective is approved by it on the proposal of the administration and the trade union body.

Strengthening Conscious Labor Discipline, its organization, conscientious attitude to work has always been one of the most important tasks of our state.

A set of measures is provided to strengthen labor discipline. These are, in particular, questions:

• improving organizational and educational work aimed at eliminating the loss of working time in production;
• formation of stable labor collectives;
• ensuring a clear regulation of the rights and obligations of each employee;
• the use of material and moral incentives for selfless work;
• questions of the application of penalties and the impact on violators of labor discipline and increasing the responsibility of heads of enterprises and their divisions for the state of labor discipline and staff turnover.

The most important directions in the work to educate and strengthen labor discipline should be to increase the role of labor collectives and the effective use of the rights granted to them.

Incentives

In Art. 191 of the Labor Code of the Russian Federation lists the following rewards:

• announcement of gratitude;
• rewarding with a valuable gift;
• awarding with a certificate of honor;
• submission to the title of the best software.

This list is approximate, the internal labor regulations, charters and regulations on discipline may provide for other incentives. For special labor services to society and the state, employees can be nominated for state awards.

Disciplinary action

Providing incentives for employees who perform their job duties in good faith, labor legislation also establishes disciplinary measures for violators of labor discipline.

Discipline of work- compulsory for all employees to comply with the rules of conduct defined in accordance with the Labor Code, other laws, collective bargaining agreements, agreements, labor contracts, local regulations of the organization, labor contracts.

The following factors influence the state of labor discipline:

the nature of the relationship between employees and subordinates;

the personality of the leader;

the size of the salary;

the state of the bonus system;

the prestige of the work;

type of activity of the organization;

the level of qualifications and culture of the employee, etc.

The legal regulation of labor discipline in an organization is of particular importance, since the use of joint labor is impossible without compliance.

Labor discipline is based on the mutual obligations of the parties to the employment contract:

Obligations of the employee to conscientiously fulfill his labor function and to obey the internal labor regulations;

Obligations of the employer to create for the employee the proper working conditions necessary for the employees to observe labor discipline - to properly organize the work of employees, create conditions for increasing labor efficiency, ensure labor and production discipline, comply with labor legislation and labor protection rules, ensure the household needs of employees related to with the performance of labor duties.

The main responsibilities of the parties are defined in the Labor Code of the Russian Federation and are specified in the Internal Labor Regulations, job descriptions and in the employment contract.

It should be borne in mind that the officials representing the employer are themselves in an employment relationship with the organization. Therefore, they are also subject to the general obligations established for employees, in particular, to work in good faith, observe labor discipline, and take care of the organization's property.

In some industries (for example, railways, water transport), statutes and discipline regulations are in force that establish stricter rules for regulating labor discipline, since the labor activity of workers in these industries is associated with sources of increased danger and non-fulfillment of duties can lead to harm to human health.

Local regulations governing labor discipline include internal labor regulations, as well as regulations on working hours and rest time, regulations on bonuses and wages.

Internal labor regulationsaim to regulate the internal work schedule, strengthen labor discipline. They are also aimed at the rational use of working time by each employee and at increasing labor productivity.

Not only employees, but also the employer are interested in adopting the internal labor regulations of the organization, since in case of violation of them, the employee can be brought to disciplinary responsibility.

Internal labor regulations of the organization - a local regulatory act of the organization, regulating, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for admitting and dismissing employees, the basic rights, obligations and responsibilities of the parties to the employment contract, working hours, rest time, incentives and penalties applied to employees , as well as other issues of regulation of labor relations with this employer. The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization.

The internal labor regulations of the organization can be an annex to the collective agreement, but in this case, like the collective agreement itself, they will be urgent.

Usually, the internal labor regulations consist of the following sections:

1. General Provisions.

2. The procedure for the admission and dismissal of employees.

3. The main responsibilities of employees.

4. The main responsibilities of the employer.

5. Working hours and rest time.

6. Rewards for success in work.

7. Responsibility of the parties to the employment contract.

The rules can clarify the procedure for bringing an employee to disciplined responsibility in compliance with the requirements of Art. 193 of the Labor Code of the Russian Federation, indicate the procedure and grounds for the application of incentive measures. The rights and obligations of the parties should be specified, for example, to prohibit employees from appearing on the premises of the organization and intoxicated both during working hours and outside working hours.

The internal labor regulations should be posted on the notice board. Newly employed workers must be familiarized with them against signature.

Labor discipline in an organization is ensured by the creation of the necessary organizational and economic conditions for normal work, a conscientious attitude to work, methods of persuasion, education, encouragement for conscientious work, in exceptional cases - coercion, that is, bringing to disciplinary responsibility.

Under encouragementit should be understood the public recognition of labor merits, the rendering of honor to individual employees in the form of differences, benefits and advantages established by the current legislation. In accordance with Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform their labor duties in the form of an announcement of gratitude, the issuance of an award, a valuable gift, a certificate of honor, and presentation to the title of the best in the profession.

Other types of incentives for employees for work are determined by the collective agreement or the internal labor regulations of the organization, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards.

In Art. 191 of the Labor Code of the Russian Federation gives an approximate list of incentive measures, since the legislator provides that other incentives may be provided for by the internal labor regulations, collective agreements and agreements, and other local regulations. For example, the internal labor regulations may provide for such incentive measures as the provision of additional leave for continuous work experience for additional categories of workers compared to the legislation, the issuance of a free voucher for sanatorium treatment.

A wider list of incentives is established by special laws, as well as charters and regulations on discipline, for example, the Federal Law "On the Prosecutor's Office of the Russian Federation" provides for the possibility of awarding the badge "Honorary Worker of the Prosecutor's Office of the Russian Federation" 1.

Incentive measures can be divided into two groups: measures of a moral nature and measures of a material nature.

All rewards for success in work are announced in the order (order) of the employer, communicated to all employees and 1 SZ RF. 1995. No. 47, p. 4472.

entered in the appropriate section of the employee's work book.

For special labor merits, employees can be nominated for awarding orders, medals, certificates of honor, badges and for conferring honorary titles. The establishment of state awards and honorary titles of the Russian Federation is attributed to the jurisdiction of the federal government bodies of the Russian Federation. In accordance with Art. 89 of the Constitution of the Russian Federation, the President of the Russian Federation is endowed with the right to award state awards of the Russian Federation and confer honorary titles of the Russian Federation.

Currently in the Russian Federation there is a fairly wide system of honorary titles awarded for special labor merits: "Honored Power Engineer", "Honored Doctor", "Honored Innovator", "Honored Artist", "People's Artist", "Honored Worker of Science and Technology "," Honored Lawyer ", etc. State awards are awarded in accordance with the Regulations on State Awards, approved by the Decree of the President of the Russian Federation of June 1, 1995 1. The title "Veteran of Labor" is awarded by the executive authorities of the constituent entities of the Russian Federation in accordance with the Decree of the President of the Russian Federation of May 7, 1995 "On the approval of the procedure and conditions for conferring the title" Veteran of Labor "2.

Along with persuasion and encouragement, a rather effective method of strengthening labor discipline is coercion, that is, bringing the employee to disciplinary responsibility.

Methods for ensuring labor discipline are regulated by acts of the Labor Code of the Russian Federation.

Depending on the method, the article is also determined, on which the consideration of the situation will be based.

Some methods are mandatory based on the country's laws and regulations of the organization, others - at the discretion of the head of the organization.

Features of regulation

Labor discipline - submission to the charter, which establishes the norms of behavior, which must be determined in accordance with the Labor Code of the Russian Federation and other legislative acts and contracts. The employer must take steps to create an environment that will enable employees to comply with existing discipline requirements.

The set of regulations is established in each company separately, depending on the clauses of the charter, which must take into account the norms of legislative law and the concluded employment contract.

Internal labor regulations are necessary to generalize all conditions of discipline. This is a regulation used in a particular organization, which must comply with the established legal norms and conclude information:

• about the order of rest;
• on methods of encouragement and punishment;
• about responsibilities;
• about responsibility;
• about the operating mode;
• about other issues at the discretion of the employer.

Discipline is essential to:

• introducing innovative ideas;
• improving the quality of work performed;
• improving work efficiency;
• reduction of injuries and the number of accidents.

If labor discipline is at a low level, then the reasons for this may be:

• a complex organization and management structure, due to which the subordinate has several leaders, each of whom has his own vision for solving the situation;
• the evaluation of the results is unfair, which does not allow rewarding additional pay for those employees who deserve it and put more effort than others;
• minor violations are easily forgiven by the management;
• there is no concept of self-discipline;
• working conditions do not comply with the legislation of the Russian Federation (favorable conditions for work are not created).

Each organization has its own rules of procedure. This allows you to regulate relations between the parties and favorably affect the quality of the company as a whole.

Methods concept

Work discipline methods are methods that are used to achieve the goals set by the management of the organization. They must form a functional workforce that can develop the company and give it the growth it needs to achieve its goals and achieve its goals.

Popular labor discipline methodswhich are actively used:

• organizational - the employer must provide the employee with all the necessary conditions in which he will not need anything (equipment, materials, equipment, and so on);
• psychological - creation of a positive working mood in the work collective, which reduces the likelihood of interpersonal conflicts to a minimum;
• legal - correction of existing rules in accordance with the legislation of the Russian Federation and the rules of the organization.

Strengthening labor discipline

To strengthen labor discipline it is necessary to reward employees for excellence in work and punish for violations of established rules... With the correct use of the rules, leaders can achieve excellent results that will positively affect the organization. At the same time, all the methods used should not run counter to the existing legislative acts and the established rules of the organization. Otherwise, they will be invalidated.

Incentives

Reward is the recognition of the merits and results of the work of the employee, which gives the distinguished person the status and reward in some form. Favorably affects not only the one who excelled, but also for other employees, since others will also want to receive a reward. The main thing for motivating employees is to correctly determine the methods of reward.

According to the Labor Code of the Russian Federation, an employer can reward his employee in the following ways:

• appointment of the award;
• gratitude in writing;
• awarding with a certificate of honor;
• transfer of a valuable gift;
• presentation of rank or status.

Award order

The employer also have the right to determine their own ways of encouraging... The main condition is that they comply with the rules of the Labor Code of the Russian Federation and the company's internal charter.

If the employee has had special services to the state, then he will awarded with a state award... In addition, an entry is made in the work book, which can later be used in employment as a fact of having positive qualities, which allows you to become an important employee.

Disciplinary methods

Disciplinary action is public punishment of an employee who has violated the established rules of labor discipline... Legislation allows the use the following types of penalties:

• comment;
• rebuke;
• dismissal.

Other types of punishments are also applied, but only if it is permitted to use in relation to a certain category of workers. The main condition is that they comply with the legislation and the rules of the organization's charter.

Examples of violations:

• unidentified penalties were used;
• non-payment of wages or part thereof;
• inappropriate behavior in a team;
• refusal to grant compulsory leave;
• systematic delays;
• dismissal of an employee and so on.

Unlike the definition of a promotion, reprimands must be carried out with some nuances... After finding the fact of violation of the disciplinary rules, require the offending party to draw up written explanatory memorandum... When the employee refused to write an explanation, the employer have the right to apply penaltiesi am without a note. After that, other circumstances are clarified.

If the employee's fault is indisputable, then an order is issued on behalf of the employer, indicating the method of punishment for the disciplinary violation.

An employee cannot be charged twice for the same violation. Even the use of penalties and various forms is not allowed if the employee is punished for the same violation.

Regulatory regulation

Labor discipline is based on regulations:

• internal rules of the organization;
• the head and the Labor Code of the Russian Federation;
• charters and regulations of economic sectors.

The internal work schedule should contain information related to:

• hiring and dismissing employees;
• with the rights and obligations of each party;
• with the organization of working hours;
• with the procedure for recording working hours;
• with vacation;
• with methods of encouragement and collection in accordance with the company's charter.

The candidate for the job will be familiarized with the conditions before being hired. This obligation is specified in article 68 of the Labor Code of the Russian Federation. If one of the parties does not comply with the requirements of the rules, then he will be punished in accordance with the Labor Code of the Russian Federation.