If the employee violated labor discipline. The procedure for filing a penalty for violation. Procedure for registering a disciplinary violation

The key to the stability of the work process and the function of the regulator in resolving controversial issues is performed by labor discipline. The psychological situation both within the team and interaction at the employee-subordinate level, responsibility in case of violations is regulated both by internal regulations and at the legislative level.

Level of process organization labor activity at the enterprise determines income indicators and the ability to solve assigned tasks Therefore, special attention is paid to issues of liability for violations of discipline during work.

What is labor discipline

Any enterprise operates as complex but streamlined a mechanism whose success directly depends on each employee.

The concept of labor discipline includes a set of rules established in the organization, which all employees, including managers, are required to observe and adhere to. These include corporate ethics standards, integral safety rules in terms of labor protection, as well as internal rules and conditions.

Is there a definition in laws/regulations?

According to Art. 189 of the Labor Code of the Russian Federation includes in the definition of labor discipline next value: a list of the employee’s job responsibilities, according to which he is subject to the requirements and rules of conduct established in accordance with the orders and conditions in force in the organization.

What documents contain provisions

Every organization has rules of conduct a number of regulatory documents, on the basis of which the head of the organization monitors the work process and takes punitive measures for non-compliance with labor requirements.

Such standards include:

  1. Labor Code– the primary regulator in the field of labor, which defines the main responsibilities and functions of both parties, on the basis of which the employee and the employer build their relationship.
  2. Collective Agreement. Establishes all possible options for a solution controversial issues and emerging aspects in the course of interaction between the team and the management apparatus.
  3. Internal regulations. A local standard that regulates and organizes the rules of discipline at the level of an individual organization.
  4. Instructions for each position. Requirements made in connection with professional tasks, according to the functional maps that apply at the enterprise.
  5. Certain labor agreements with company employees.
  6. Additional Instructions, which spells out, based on the characteristics of the organization’s activities, interaction and resolution on individual issues.

Is it required to be included in local acts?

Labor discipline is an integral part of the labor activity schedule, and therefore is determined internal regulations– PVTR – internal labor regulations. The law does not oblige the employer to specifically accept documents based on discipline norms, however, the Labor Code does not establish a ban on the implementation of such provisions.

Local regulations cover only labor relations within a specific organization, therefore, their actions are limited and apply exclusively to a specific group. This document should not contradict the current Labor Code, but only introduce a clarifying aspect taking into account internal features, thus specifying the fundamentals specified in high-level regulations.

What is meant by violation

Violation, in other words, non-compliance (non-fulfillment) by an employee of certain job duties is included in the concept of “violation of labor discipline”.

Moreover, among the most common, which are most often encountered and are indicative, we can highlight following examples disciplinary violations:

  1. The employee was not at the workplace for a long period (more than 4 hours) without a good reason. There is no health certificate or note explaining the motives and reasons for such behavior.
  2. The employee refuses to undergo scheduled health examinations (clinical examination), scheduled (unscheduled) prof. instructions, which is grounds for not allowing him to perform his official duties.
  3. The employee refuses to sign a document about full financial liability, at the same time, without explaining the reasons and grounds for such an act, despite the fact that the position he holds provides for such an obligation.

Failure by an employee to perform actions that are not specified in the agreement between the employee and the employer, and therefore are not included in the scope of his job responsibilities, cannot be a reason for dismissal.

Types (regime, managerial, technological)

If an employee fails to comply with labor standards and regulations established in the organization, management is obliged to carry out a set of measures to establish the main factors and reasons for what happened. Among the violations, having identified common features species, we can distinguish three main groups:

  • regime: non-compliance (ignoring) of the routine - violation of the work and rest regime (lateness, absenteeism, overtime);
  • managerial: irrational activity of the administrative apparatus (violation of established norms of subordination, errors in coordination and ineffective use of human resources);
  • technological: there is no control over the quality of products, the technical condition of equipment (defects, non-compliance with standards).

Disciplinary action + warning

For failure to comply with in full assigned duties, according to the position held, the manager has the right to apply a number of disciplinary sanctions to the employee as punishment for violations of discipline at work.

Art. 192 of the Labor Code of the Russian Federation determines the following three types of punishment for violation of organizational discipline rules:

  1. Comment. It is used for a minor offense (negligence, disobedience), and has an educational purpose. The main task is to prevent the occurrence of new violations of discipline in the future.
  2. Rebuke. Appointed for failure to perform or evasion of duties according to the position held. Most often used for absenteeism, humiliation of colleagues, fights and other unacceptable behavior.
  3. Dismissal. Used for repeated (systematic) violations of discipline, in the presence of an existing order from the boss regarding disciplinary action. Grounds: absenteeism, coming to work under the influence of alcohol or other intoxication, transfer or disclosure of confidential information, theft (waste) of valuables, if the fact is proven in court.

One of the methods of strengthening personnel discipline is to prevent instances of inappropriate behavior by team members and increase the motivational incentive in the results of their activities.

To such effective mechanisms can be attributed:

  1. Belief. An effective argument, the task of which is to arouse the employee’s interest in high-quality and conscientious performance of duties. Based on psychological aspects through the introduction and transfer of best practices, involving the employee in cultural and social life.
  2. Promotion. As recognition of the employee’s achievements, the manager has the right to present him with an award (medal, certificate). Methods of remuneration for increased productivity, impeccable work, improvement and implementation of advanced technologies are defined in the agreement, the charter of the enterprise, and the collective agreement. As financial incentives, employees are given bonuses or gifts, and the manager announces gratitude.
  3. Compulsion. Built on methods of disciplinary action, with the goal of forcing an employee to carry out his activities even against his will, through a reprimand, reprimand and, in extreme cases, dismissal. In addition, the employee may be deprived of a bonus or receive leave during a different period of the year than he planned.

Depreciation (in what areas is it applied)

In addition to “standard” disciplinary sanctions, the Labor Code allows the employer to apply other types of punishment against the employee.

This is possible if such measures are prescribed in local acts or other regulations of the enterprise (charter), and are also enshrined at the federal level for categories such as civil servants, law enforcement officers, etc.

Deduction of bonuses is another mechanism for punishing an employee and is used as measures of influence for failure to comply with working hours and failure to fulfill labor duties. To deprive an employee means to reduce the amount of established bonus payments or completely deprive them of such incentives.

This is a completely fair punishment, since the bonus is a component of the employee’s income, and therefore is the same reward for the worker’s work as a salary. Therefore, if the employee has not fulfilled the clauses of the signed agreement and job responsibilities According to the instructions, he is not awarded a bonus for labor efficiency.

Is a fine possible?

The concept of “fine” is used only as punishment for an offense in the form of monetary contributions to the state’s income. In the Labor Code this designation not secured. Therefore, such penalties for labor violations and failure to comply with discipline cannot be applied to an employee, since this is illegal.

The employer does not have the right to indicate disciplinary measures, such as a fine, in local acts, since this in itself is a fact of violation of labor standards and the subject for initiating administrative proceedings.

Is it included in the work book?

Labor legislation does not allow the inclusion of work book information regarding disciplinary measures that were applied in connection with the employee’s misconduct.

This document contains, in addition to information about the employee, his movements (transfers) within the enterprise, rewards for labor results, as well as the grounds that served as the reason for terminating the contract. The exception is happening, if dismissal serves as a disciplinary measure.

Is it possible to hold remote employees and part-time workers accountable?

In relation to remote employees or part-time workers with whom an agreement certified by an electronic signature was concluded, similar measures responsibilities similar to those that apply to ordinary employees of the organization. The legislator has not provided any relief for this category of employees in terms of penalties for violations committed during the working period.

Employees hired to work remotely perform their job duties in accordance with agreement and current instructions. The reason for their dismissal is the grounds that were determined and specified in the agreement, therefore, disciplinary sanctions for violations and unfair labor are applied to them by analogy with employees who perform their duties on the employer’s territory.

Labor discipline at an enterprise requires not only compliance, but also competent organization, therefore it is extremely important to analyze in detail each identified fact of violation in order to further analyze the current situation and apply an adequate penalty.

Additional information is in the video.

Production discipline, internal labor regulations - what are we talking about? According to Art. 189 Labor Code of the Russian Federation, labor discipline is a set of rules of conduct at an enterprise, defined in accordance with the Labor Code of the Russian Federation, local acts of the organization, employment contract and others regulatory documents. Rules labor behavior are the normative basis of the organization’s internal labor regulations. All employees without exception must follow it.

Labor discipline: responsibilities of employees and employers

When hiring, the employer must familiarize the employee with the contract under his signature. These documents discuss the rules of labor discipline adopted at the enterprise, and also indicate the job responsibilities and main functions of the employee. By signing these documents, the newcomer confirms that he undertakes to follow them. Only after this can the manager insist on compliance with the requirements specified in them.

In turn, the employer is obliged to organize the work of employees and pay them on time, create the conditions necessary for employees to comply with production discipline, ensure safety at the enterprise, etc.

Consequences of disciplinary violations

In this section we will look in detail at what the Labor Code of the Russian Federation says about violation of labor discipline. Art. 192 Labor Code of the Russian Federation states: for violation of labor discipline, penalties may be applied to the employee. The penalty is determined by the employer according to the severity of the offense. As punishment you can apply:

  • comment;
  • rebuke;
  • dismissal.

These penalties can be applied to all employees. But employers can also use other measures of influence provided for by law for certain categories of employees.

In cases where the violation committed by the employee did not entail serious consequences, the employer can make do with a reprimand or issue a reprimand.

How is a violation formalized?

The employer must follow the procedure documentation violations and pay close attention to deadlines. Otherwise, the punishment may be challenged in court.

An order for disciplinary action may be issued no later than one month from the date of discovery of the offense and no later than six months from the date of its commission. Please note that this time does not include periods during which the employee was absent from the workplace for valid reasons - see Art. 193 Labor Code of the Russian Federation.

  1. When applying for employment, a citizen must familiarize himself with the rules of labor discipline at the enterprise by signature.
  2. The offense must involve the fault of the subordinate.
  3. The fact of violation must be documented using an act, which is drawn up in the presence of two witnesses and signed by them.
  4. The director is obliged to demand an explanatory statement from the employee, which he must provide within two days. In case of refusal to give explanations, an appropriate act should be drawn up.
  5. The order to punish the employee must be read and signed. This must be done no later than three working days from the date of its publication. In case of refusal to sign a document, this fact should be reflected in the act.

Penalties imposed in the form of a reprimand or reprimand are valid for exactly one year from the date of their issuance. In some cases, by decision of the employer, before the expiration of this period.

Employees who believe that they have been punished unfairly can appeal the employer's decision by filing a lawsuit in court.

In the process of interaction between employees and employers, many controversial issues arise. The legislation contains a number of rules governing such situations. It sets out the responsibility and procedure for imposing penalties on an employee who has committed a violation of labor discipline. The level of income and functioning of the enterprise directly depend on the quality of organization of activities, and the organizational and legal form does not matter at all.

The serious attitude of employees to their duties guarantees not only the absence of various types of penalties, but also the incentives that are usually established by employers. The Labor Code (hereinafter referred to in the article as the Code) obliges enterprises to approve special rules that would regulate internal regulations. They should reflect the main aspects of the labor process. Documentary confirmation of the procedure for carrying out activities by an employee will allow the necessary enforcement measures to be taken if these requirements are not met.

What is labor discipline?

Each enterprise is a complex mechanism, the smooth functioning of which depends on the quality of work of each component part. Before moving on to discussing violations, let’s understand what labor discipline is. It can be defined as a set of rules that are mandatory for all employees (from ordinary employees to managers) that are adopted at the enterprise. Their list includes:

  • labor protection rules;
  • internal regulations;
  • corporate ethics.

The specified documents (codes, memos, etc.) are developed and approved by employers. Supervision of implementation and provision of favorable conditions for compliance with requirements is also entrusted to them. The application of penalties is lawful in case of violation of the duties established by law by an employee. The Code defines their list in article number 21. Among the responsibilities:

  • conscientious fulfillment of the terms of the employment contract;
  • compliance with labor discipline;
  • compliance with labor protection and safety requirements;
  • responsible attitude towards the property of the employer, other employees and third parties (for the safety of whose property the employer is responsible);
  • compliance with established labor standards;
  • timely notification of an emergency situation that threatens the lives of employees or the property of the employer.

Existing types of labor discipline violations

If an employee does not comply with the rules, the necessary measures are taken to determine the cause of the incident. In most cases, violations can be divided into three large groups. They are species. Among them are:

  • violations of management norms - non-compliance with the established system of subordination and interaction of employees (subordination);
  • violations of technological standards (for example, the release of a defective batch of goods due to the fault of an employee);
  • violation of regime norms - work schedule (rest and work time, for example, absenteeism).

In case of periodic non-compliance with established norms and the severity of the offense, gross violations are distinguished. These include systematic absenteeism, tardiness, appearance at the workplace in an inappropriate manner (alcohol, drug intoxication), falsification of documents and other similar actions that lead to serious negative consequences. Additional characterizing parameters of improper performance of duties, by which its harm to the organization will be assessed, may be:

  • place of performance;
  • time and deadline for execution;
  • scope of execution;
  • form and method of execution;
  • subject of execution.

Actions that violate the established rules of the enterprise labor rules, are called disciplinary offenses. When they are committed, certain penalties are provided. Among the most common violations of labor discipline are:

  • absenteeism;
  • systematic lateness after the lunch break or at the start of the working day;
  • unacceptable appearance– presence at the workplace in a state of intoxication (alcohol, drugs or toxic);
  • neglect of labor protection and safety rules, which led to an accident or breakdown;
  • cases of theft of company property, its damage;
  • inadequate level of fulfilled obligations (low quality, non-compliance with established requirements);
  • disclosure of an organization's trade secrets;
  • non-compliance with subordination (disobedience to orders from superior employees, disregard for the hierarchy that has been established in the company);
  • committing an immoral act.

If a fact of non-compliance with the rules is detected, a report on violation of labor discipline is drawn up. It is completed by the employee’s immediate supervisor. Two witnesses must be present when drawing up. It is created in two copies: for the employee and for transmission to management, who will decide on the type and amount of the penalty. The form of the act and the persons responsible for its preparation must be approved in the internal regulations.

Expert opinion

Maria Bogdanova

The Labor Code does not reflect good or bad reasons for employee misconduct, so it is very difficult to predict their consequences. Therefore, in this matter, management relies on the arguments provided by the employee (Article 193 of the Labor Code).

If a person does not show up or is late for work, the following may be considered valid reasons for this:

  • problems with public transport;
  • presence in court or other law enforcement agencies;
  • disease;
  • emergency hospitalization of a relative,
  • n fires, floods and other emergencies.

In this case, the employee must justify the reason for absence in writing and prove it with documents: a certificate, a summons, sick leave etc.

What penalties can be applied to an employee?

In case of violation of established labor rules, the employee is liable in accordance with the law. Article 192 of the Code contains a list of possible disciplinary sanctions that can be applied to him. The employer has the right to use them in accordance with the seriousness of the violation and the harm that was caused. The list contains three valid ones:

  • a remark is a very minor penalty that does not threaten serious consequences; usually they draw up a violation report and record the remark received; in case of systematic criticism, a more effective punishment is chosen;
  • reprimand - a penalty applied when committing an offense (disciplinary); has two forms - strict and ordinary; entered into the order; it is recorded in the labor record only in case of dismissal for improper work or systematic violations;
  • Dismissal is the most radical measure used in cases of serious systematic violations that result in material or moral harm.

The management of the organization has the right to deprive an employee of a bonus if this fact stated in internal documents. For certain categories of employees, other penalties may be applied, which are specified in the relevant federal laws. For registration of violations, there is a general procedure that is used in most companies. The internal regulations usually prescribe the basic requirements for the process and content of the documents necessary for drawing up the act.

Procedure for filing a penalty for violation

When drawing up internal regulations, it is necessary to provide clauses that will reflect the procedure for imposing penalties. In most cases, it is enough to enter a list of violations of labor discipline and the corresponding penalties, indicate the persons responsible for drawing up the acts and enter the required documents. After that this information is brought to the attention of employees. They must sign the acquaintance certificate. The foreclosure process consists of the following steps:

  • drawing up a report - responsible employees, in the presence of two witnesses, fill out a report on the violation;
  • receiving explanations - the offending employee indicates in writing the reason for his inappropriate behavior; if the testimony is refused, a mark is placed in the order; a note with explanations is attached to the act;
  • issuing an order on violation of labor discipline - management, based on the documents received, makes a decision regarding the incident; There is no approved form, but mandatory information is indicated - the content of the offense, the date and time of commission, the type of penalty, documents regulating the actions of management.

The employee must be familiarized with the order within three days (subject to signature). A copy of it is included in the employee’s personal file. When imposing a penalty, the severity of the offense must be taken into account. They must be proportionate. In the most serious cases, where there are repeated instances of inappropriate work behavior, the only possible punishment may be dismissal for violation of labor discipline.

Expert opinion

Maria Bogdanova

More than 6 years of experience. Specialization: contract law, labor law, social security law, law intellectual property, civil procedure, protection of the rights of minors, legal psychology

To others important factor when choosing a punishment in the form of dismissal, a gross violation by an employee of the rules of the work schedule or labor process, even if this happened for the first time, may be used.

In general, when dismissing for violation of labor discipline, three mistakes are often made:

  • the deadline for the imposed penalty has expired,
  • its illegal imposition,
  • lack of consent to dismissal from labor inspection if we are talking about a minor worker.

Dismissal of an employee may occur for violation of labor discipline under the following circumstances: absence of a valid reason, failure to remove the previous penalty at the time of repeated violation. This penalty has a legal basis, since there is an explanation for the action set out on paper.

The dismissal of an employee is a disciplinary sanction, therefore it must follow all the rules enshrined in Article 193 of the Labor Code of Russia. It is always worth remembering that before proceeding with the procedure for dismissing an employee, it is imperative to obtain an explanation from him in writing. In case of refusal to write an explanation, an act must be drawn up in the presence of 2-3 people in which this is recorded. After this, a dismissal order is issued, which the dismissed employee must familiarize himself with on the same day.


If the employee refused to sign the order, then again an act is drawn up in which this is reflected. And only then a note about dismissal is made in the work book.

Example text

There is a limited period for imposing a penalty, which is equal to one month from the date of violation. After six months, no punishment can be applied. The exception is violations the fact of which was established during the inspection process, then the period is extended to two years. It is important to note that depreciation does not apply to fines, since bonuses are a means of encouragement. Penalties for violation of labor discipline are a necessary measure that promotes a more responsible attitude of the employee to his job responsibilities. Before the expiration of 1 year, in the presence of someone’s initiative supported by a management decision. The initiative can be taken by the employee himself, his immediate superior or the work team.

A note about the removal of a penalty, as well as about its imposition, is entered in the employee’s personal card.

What else do you need to remember?

The application of punishments for violation of labor discipline to the offending employee is carried out in strict accordance with current legislation. Each enterprise must develop rules regulating the internal procedures of the company. They describe the fundamental aspects of the work process. Employees must be familiar with them by signature.

Employees bear full responsibility for violation of labor discipline. By signing an agreement at the beginning of cooperation, they agree to the requirements and responsibilities established for them. If a fact of non-compliance with agreements (terms of the contract or internal rules of the company) is detected, a report is drawn up

A thorough study of the circumstances of the current situation is mandatory. In some cases, an employee is forced to violate established requirements to avoid more serious consequences for the company. It is for this reason that management needs to take every recorded fact seriously. Proper organization of work, including a system of “reward-punishment”, will reduce possible conflicts in the process and help increase employee productivity, and, accordingly, company profit.

Video - “Introductory training on labor protection”

Therefore, we can distinguish three type of disciplinary offenses:

  • culpable violation by an employee of technological standards ( technological);
  • culpable failure or improper compliance by the subject of labor law with the norms of subordination and coordination in the process of labor management ( managerial);
  • culpable failure by the subject of the labor relationship to comply with the rules governing working hours and rest time ( sensitive, i.e., violating the “working hours” - Art. 100 Labor Code of the Russian Federation).

The type of disciplinary offense influences the procedure for establishing circumstances indicating non-fulfillment or improper compliance by an employee with his work duties.

Thus, when producing defective products, the employee’s guilt is established in case of violation of technological standards, absenteeism, being late for work, unproductive use of working time (guilty violation by the employee of working hours). The investigation of managerial misconduct involves identifying the person responsible for the employee’s failure to comply with the legal order of the head of the production process.

According to the law, labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with Labor Code, other laws, collective agreements, agreements, employment contracts, local regulations of the organization (Part.

1 tbsp. 189 TK). The obligation to comply with labor discipline is one of the main duties of an employee (Article 21 of the Labor Code). The basis of labor discipline is the internal labor regulations - the legal order in the labor sphere that operates within a particular organization.

The most important legal form regulating joint work within a particular organization are the internal labor regulations. According to Part 4 of Art. 189 of the Labor Code is a local regulatory act of the organization, regulating in accordance with the Labor Code and other federal laws procedure for hiring and dismissing employees, basic rights, duties and responsibilities of the parties to the employment contract, working hours, rest periods, incentive and penalty measures applied to employees, as well as other regulatory issues labor relations in the organization. The following main sections can be distinguished, of which this normative act usually consists:

1) general provisions;

2) the procedure for hiring and dismissing employees;

3) basic rights and obligations of the parties to the employment contract;

4) working hours;

5) rest time;

6) incentive measures for success in work;

7) liability for violation of labor discipline;

8) other issues of regulation of labor relations in the organization.

The employer is obliged to familiarize employees when hiring them with the internal labor regulations in force in the organization (Part 3 of Article 68 of the Labor Code). In addition, internal labor regulations must be available for review by employees at any time.

In some sectors of the economy, where violations of labor discipline can lead to dire consequences, for individual categories employees are subject to statutes and regulations on discipline (transport, nuclear energy, communications, etc.). These statutes and regulations impose increased requirements on the employees to whom they apply.

One of the means of combating unlawful behavior of employees who have committed violations of labor discipline is legal measures in the form of bringing violators to disciplinary and (or) financial liability.

Disciplinary liability is the obligation of the violator to answer for the disciplinary offense committed and to suffer unpleasant consequences in the form of personal, organizational or property restrictions. On the part of the employer, the reaction to a disciplinary offense is to demand a report from the violator and apply sanctions to him according to the legal norms of labor law.

A disciplinary offense, like any other offense, has a set of characteristics: subject, subjective side, object, objective side.

The subject of a disciplinary offense is a person who is in an employment relationship with a specific employer and, therefore, has legal capacity to work.

The object of a disciplinary offense is public relations, emerging in the process of joint labor, regulated by labor law, legal order within a specific organization.

The objective side of a disciplinary offense is formed by those elements that characterize it as a certain act of external behavior of a person. Disciplinary offenses, like other offenses, are always the behavior of people. Mandatory elements of the objective side of a disciplinary offense are:

– unlawful act (action or inaction);

– causing harm to the employer;

– the presence of a causal connection between the unlawful act and the resulting harm.

Unlawfulness of behavior is manifested in violation of labor duties assigned to an employee by an employment contract, collective agreement, internal labor regulations, job descriptions etc., and is not limited to performing only labor function. An example of illegal behavior of employees may be absenteeism, being late, showing up at work in a state of alcohol or other intoxication, failure to comply with labor standards, and participation in an illegal strike.

Illegal behavior of an employee not related to the performance of work duties is not a violation of labor discipline (for example, failure to fulfill a public order).

The harmful consequences that occur as a result of committing various disciplinary offenses are heterogeneous in content. Thus, some disciplinary offenses are characterized by real property damage (for example, when a driver breaks down the employer’s car). These are so-called disciplinary offenses with material composition. When other disciplinary offenses are committed, the harm, although less noticeable, is also present (for example, when an employee is late for work). Such offenses are called formal offenses.

The subjective side of a disciplinary offense is expressed in the guilt of the offender. In labor law, disciplinary offenses are not differentiated depending on the form of guilt.

Labor legislation distinguishes between two types of disciplinary liability: general and special.

General disciplinary liability, sometimes referred to as disciplinary liability according to internal labor regulations, is regulated by the Labor Code. It applies to all employees, except those for whom special disciplinary liability is established.

The list of disciplinary measures includes reprimand, reprimand and dismissal on appropriate grounds. This list is exhaustive and cannot be expanded.

The most severe and extreme measure of influence on violators of labor discipline is dismissal on appropriate grounds: repeated failure by the employee to comply without good reasons work responsibilities, if he has disciplinary action(Clause 5 of Article 81 of the Labor Code), as well as the following types of single gross violation of labor duties by an employee (Clause 6 of Article 81 of the Labor Code):

– absenteeism;

– appearing at work in a state of alcohol, drug or other toxic intoxication;

– disclosure of secrets protected by law that became known to the employee in connection with the performance of his job duties;

– committing theft of someone else’s property, embezzlement, intentional destruction or damage at the place of work, established by a court verdict that has entered into legal force or a resolution of an authority authorized to apply administrative penalties;

– violation by an employee of labor protection requirements, if this violation entailed serious consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences.

The implementation of general disciplinary liability is carried out in accordance with the procedure regulated by the Labor Code, which provides a number of legal guarantees for employees in order to prevent unjustified prosecution.

Disciplinary sanctions are not recorded in the work record book. The exception is dismissal for violation of labor discipline.

Special disciplinary liability is regulated by other federal laws, as well as charters and regulations on discipline. It is borne by judges, employees of the prosecutor's office, civil servants, employees of those sectors of the economy in which special charters and regulations on discipline are in force, etc.

More on the topic Topic 2. Labor discipline and responsibility for its violation:

  1. 7.5. Labor discipline and responsibility for its violation
  2. 14.4. Labor discipline and responsibility for its violation
  3. Lecture 14. EMPLOYMENT CONTRACT. LABOR DISCIPLINE AND RESPONSIBILITY FOR ITS VIOLATION
  4. Topic 16. Internal labor regulations. Labor discipline. Types of liability in labor law.