A special place in strengthening labor discipline is given to the ability to correctly use incentives to work and realize the economic interests of workers. It is impossible to strengthen labor discipline and increase people’s activity without paying attention to their living conditions and personal interests. Material interest is closely related to the social and production activities of people. It is a stimulus for work activity. Feature modern system incentive is that the remuneration of workers directly depends not only on the results of their individual work, but also on the overall results of the work of all personnel of the enterprise.

Conscious discipline arises on the basis of the enterprise's personnel understanding of the unity of goals, which is based on a sense of mutual responsibility of workers for the performance of the work assigned to them. However, in our society there are frequent cases of violation of labor, production and technological discipline. In the economy, there is still a large loss of working time associated with tardiness, absenteeism, drunkenness and other violations of discipline.

To maintain and strengthen labor discipline, methods of persuasion and coercion are combined. Belief- the main direction of activity in the regulation of social relations, it is associated with the widespread use of educational measures and incentives for work. Compulsion- a method of influencing violators of labor discipline. Here, public and disciplinary measures are used. Discipline is ensured, first of all, by the conscious attitude of employees to work and encouragement for conscientious work.

The following incentive measures are provided: gratitude, issuance of a bonus, awarding a valuable gift, awarding a certificate of honor. Other incentives may be provided, which are applied by the administration jointly or in agreement with the trade union committee of the enterprise, institution, or organization.

The legislation provides for the possibility and necessity of applying disciplinary and social measures to unscrupulous, undisciplined employees.

An educational role can be played by councils of primary units, councils of foremen, councils of workers of enterprises, institutions, and organizations.

In production teams working in a uniform manner along with payment based on the final result, an atmosphere of intolerance towards violators of labor discipline is objectively created. In the teams of these teams, the mutual demands of workers on each other, combined with mutual assistance and support, are increasing. The creation of a favorable psychological atmosphere at the enterprise and in the department, the confidence of everyone that their opinion is valued by the manager and staff, results in the desire of employees to participate in production management, in the growth of consciousness and discipline, in increasing self-discipline. If measures of persuasion do not have the desired effect on an employee, coercive and disciplinary measures may be used against him: bringing to administrative and financial liability on the basis current standards rights, as well as the application of economic sanctions for violation of labor discipline. The administration of an enterprise, institution, or organization may apply disciplinary sanctions: reprimand, reprimand, severe reprimand. The charters of enterprises and regulations on divisions may also provide for other disciplinary sanctions for certain categories of workers and employees.

When imposing a disciplinary sanction, it is necessary to take into account the severity of the offense committed and the circumstances under which it was committed. It is also recommended to take into account the employee’s behavior in the period preceding the violation of discipline.

IN modern conditions The main factor in maintaining high labor discipline at an enterprise can be instilling in employees a sense of moral and material responsibility for the success of the work of departments and all personnel as a whole. Where managers of enterprises and their departments show concern for staff, combining this with high demands, supported by measures of moral and material influence on people, good labor results should be expected.

A big role in strengthening labor discipline belongs to the heads of lower structural units - foremen and foremen, heads of groups, sectors, departments, etc., who are most closely connected with the work and life of workers and directly influence production activities and the condition of workers.

To solve the problems of strengthening labor discipline, a form of social partnership is used, such as a collective agreement, which is a legal act regulating social and labor relations between employees and the employer. The content of a collective agreement may include mutual obligations of the employer and employees on issues of wages, monetary rewards, benefits, compensation, conditions and labor protection, benefits for on-the-job training of employees, taking into account the fulfillment of the indicators specified in the agreement. Non-compliance and non-compliance with such indicators should naturally affect the material conditions of discipline violators.

Daily work to maintain and strengthen labor discipline is a constant concern of the administration. The entire environment at the enterprise should contribute to the observance of labor discipline and thereby contribute to the successful solution of the tasks facing it.

Many organizations neglect basic safety requirements, do not comply with technological production standards, and are resigned to low labor and performance discipline, they lose sight of the fact that strengthening discipline and law and order is the most important basis for ensuring public safety, accelerating the country’s socio-economic development, and improving people’s lives. Having analyzed the literature, I believe that such a fragmentation of the discipline is important for the organization of work in each specific case. From an economic and legal point of view, such a division (and enshrinement in the code) of discipline into labor and production (and especially technological) is impractical and illogical. Firstly, all types of production discipline are enshrined in local regulations that determine the work schedule of workers, that is, the implementation of production discipline is subject to the established work schedule. And, secondly, neither in the Labor Code nor in other regulations there is a separate type of liability for violation of production discipline. That is, production discipline is included in the content of the concept of labor discipline.

In legal terms, labor discipline at an enterprise is a set of organizational and legal measures that ensure the order of work activities and reflect the measures of demands on each employee.

Labor discipline can also be outside the organization, for example, a senior railway employee, while in and out of his office, must observe certain forms of behavior; this also applies to employees of the prosecutor’s office and other law enforcement officials. Any joint work requires organization, and this requires the establishment of rules, and therefore it is clear that without labor discipline, the labor process of a large number of workers is impossible. It consists not only in timely attendance/departure from work, but it is necessary to observe technological discipline, technical rules and certain organizational rules, all this together adds up to a certain order that must be observed by all participants in the work. The issue of labor discipline in our country has always been one of the most difficult to resolve. Despite the fact that under the USSR there were quite strict measures, when there was a period that criminal liability was provided for being 20 minutes late.

Analyzing the current situation in the republic as a whole regarding the deterioration of labor discipline, I believe that the main reason for this situation must be recognized as irresponsibility, negligence, drunkenness, self-interest, individualism, and maximizing the consumption of material goods.

In order to strengthen public safety and discipline, the Council of Ministers of the Republic of Belarus, republican and local government bodies and other government bodies and organizations need to:

1.1 . conduct a widespread inspection of social, domestic and cultural facilities, regardless of the form of ownership, and make the necessary decisions on the implementation of repair work and the operation of buildings that are in disrepair and dilapidated condition;

1.2. organize training in all teams and at the place of residence of citizens to act in emergency situations;

1.3 . include in the list of criteria for assessing the work of management personnel at all levels indicators of the state of labor and performance discipline, ensuring safe work in the industries, regions, cities, districts and organizations they head;

1.4 . Ensure unconditional and immediate termination of contracts with employees for violations of health and safety regulations resulting in injury or death. For causing property damage to the state, legal entities or individuals, drinking alcoholic beverages in work time or at the place of work, and with managers - for failure to ensure proper labor discipline of subordinates, concealment of facts of violation of labor and performance discipline by them, or for failure to bring the perpetrators to justice established by law;

1.5 . regularly analyze the practice of responding to citizens’ requests. Upon identifying facts of bureaucracy and red tape, violations of the procedure for considering applications determined by law, immediately take material and administrative measures against the guilty persons;

1.6. make the necessary decisions:

· on increasing the personal responsibility of managers for the production and sale of products that do not meet the requirements of standards, failure to implement measures to comply with production discipline;

· on strengthening control over the quality of developed design and estimate documentation, construction, repair and reconstruction of industrial and social facilities;

· on compensation for material damage caused as a result of violation of the law, failure to take appropriate measures to protect the life and health of people.

Ministries of information, print and electronic media should

· systematically cover organizational and educational work to improve labor and performance discipline, restore public order, and prevent drunkenness and alcoholism, including among road users;

· exclude the promotion of cruelty, violence and other immoral manifestations.

I also consider it necessary to highlight the following factors contributing to low discipline in the enterprise:

Inequity in remuneration and assessment of employee merits;

Complex production and organizational structure;

Low quality of job descriptions;

Unreasonable personnel selection system;

By influencing each of these factors, using the methods described in the last chapter, you can significantly influence labor discipline at the enterprise.

Low labor discipline is greatly promoted by the atmosphere of alienation, which last years has intensified at enterprises in Belarus, as well as the often unjustified gap in the incomes of the top stratum of managers and the bulk of the staff.

All of the above factors that influence the level of labor discipline, in their totality, reflect the current situation with labor discipline. In Belarus, this has already led to a decrease in investment, income and living standards.

The socio-economic development of the country, increasing the rate of economic growth due to the intensification of the production process, accelerating scientific and technological progress requires a decisive increase in organization and order in production,

taking effective measures to strengthen labor discipline, conscientious attitude to work, and reducing worker losses

Labor discipline is mandatory for an employee. Often the final result of the work, quality and economic indicators. But this does not mean that the employer sets the rules himself. There are mandatory requirements for the parties to fulfill, which constitute the rules of labor discipline.

Labor discipline is the employee’s compliance with generally binding rules of conduct defined by the Labor Code, additional agreements, collective agreements and other regulations, and the creation by the employer of appropriate conditions.

Responsibilities of employees and labor discipline

General responsibilities of employees are determined by the Labor Code and include:

• fulfillment of assigned duties
• compliance with internal labor regulations
• compliance with labor protection requirements
• careful attitude of the employee towards the property of employees and the enterprise

In addition, each employee must qualitatively and conscientiously perform professional duties defined by the contract, regulations and job descriptions.

Labor responsibilities are specified in the employment contract and additional agreements thereto. As well as internal labor regulations, collective labor agreements, and regulations on bonuses for employees. An employee can be required to comply with labor discipline and perform assigned duties only if the employee is familiar with the relevant document against signature.

Responsibilities of employers aimed at ensuring labor discipline

The employer also has a certain range of responsibilities for ensuring labor discipline:

• creating conditions for the employee to perform job responsibilities
• ensuring labor protection
• supply necessary equipment and tools
• providing equal opportunities for remuneration of employees
• full and timely payment
• encouragement for conscientious performance of labor duties and punishment for their violation
• compulsory social insurance for all employees
• compensation for damage caused during the performance of duties by an employee

One of the mandatory local acts is the Internal Labor Regulations. They are approved by the employer, but the provisions of the Rules must not contradict the mandatory requirements and rules.

Encouragement as a method of ensuring labor discipline

Labor legislation defines two main methods of ensuring discipline: encouragement and punishment.

Encouragement is public recognition of an employee’s professional merits, the provision of public honor, and awards. This method can be applied both to an individual employee and to the work team as a whole.

For conscientious performance of duties, the Labor Code of the Russian Federation provides for the following types of incentives:

• bonuses
• announcement of gratitude
• awarding a certificate of honor
• rewarding with a valuable gift
• nomination for the title of best in profession

Other types of incentives may be provided for by internal regulations, collective agreements, enterprise charters and other regulations.

For special labor services to the state, an employee may be nominated for a state award. An entry about employee incentives is made in the work book.

Violation of labor discipline

An employee often faces violations of his labor rights, mainly in non-state owned organizations. The most common of them are: the use of unauthorized penalties, illegal dismissals of employees, non-payment or partial payment of wages, payment to employees of amounts that do not correspond to accounting documents, failure to provide regular vacations or provision without pay, non-payment of benefits for temporary disability, and so on.

An example of such a violation is the arbitrary imposition of penalties on an employee by an employer at a time when the regulatory acts of the enterprise do not provide for such an impact.

Responsibility for violation of labor discipline

Violators are subject to disciplinary action through disciplinary action. The basis for such involvement is the employee’s misconduct.

A disciplinary offense is an unlawful intentional or unintentional failure to perform or improper performance of duties by an employee.

According to the Labor Code of the Russian Federation, these include:

• comment
• rebuke
• dismissal

Such a list is exhaustive and cannot be supplemented by internal regulations or, with the exception of a certain category of employees who are subject to discipline provisions and charters. For example, a law enforcement officer who is subject to disciplinary action may receive a warning about incomplete performance, a reduction in class rank, or lose his badge.

The application of liability measures to an employee for violation of labor discipline must be justified and carried out in accordance with established rules.

An order from the employer is issued to impose a disciplinary sanction. After conducting an internal investigation and drawing up the appropriate. Employees may appeal any disciplinary action by filing a . In case of violation of labor discipline, compliance with the rules for bringing to responsibility is very important, and the employee can use methods for the slightest violations.

Currently, strengthening labor discipline requires strengthening labor motivation. Work motivation is a determining factor in the inclusion of the interests of each individual in productive work, regardless of the form of ownership and field of activity of the organization. Work motivation is influenced by psychological and moral influence on participants in the production process (persuasion method), material and moral and legal incentives, the provision of various benefits and advantages (incentive method), as well as disciplinary measures applied to violators of labor discipline, and property measures. nature in the form of compensation for damage by the parties to the employment contract (coercion method) See: Labor Law of Russia: Textbook / ed. A.M. Kurennogo. M.: Yurist, 2008. P.79..

In my opinion, an important means of increasing labor discipline is the use of various types of incentives for employees. When used skillfully, incentives can be a more effective tool for stimulating employees to work conscientiously than penalties. Encouragement can push and stimulate an unlimited number of people to commit an act approved by society, and the person being encouraged to repeat this act Goncharova M.A. Labor discipline. Legal regulation. Practice. Documents / ed. Yu.L. Fadeeva. // Prepared for the ConsultantPlus System, 2008..

Current legislation provides for a fairly extensive incentive system, which tends to further development. In recent years, it has been actively replenished with incentive measures established by federal executive authorities, subjects Russian Federation, local government bodies. The law enforcement officer has more opportunities to choose incentive measures that are adequate to the employee’s labor achievements. Thus, by Order of the Ministry of Health and Social Development of Russia dated June 10, 2005 N 400 “On departmental awards of the Ministry of Health and social development Russian Federation" Bulletin of normative acts of federal executive authorities. 2005. No. 31. the “Mercy” insignia was established, Chest sign“Excellence in Health Care”, badge “Excellence in Social and Labor Sphere”, Certificate of Merit and regulations have been approved defining the procedure for their application.

In accordance with Art. 191 of the Labor Code of the Russian Federation, the basis for the use of incentive measures is the conscientious performance by employees of their labor duties. Conscientious fulfillment of job duties in strict accordance with the requirements for employees provided for in employment contracts, job descriptions, tariff and qualification reference books, instructions and requirements for labor protection and other documents defining the content of the job function performed, in compliance with the current Internal Labor Rules is considered conscientious. routine. As practice shows, this general basis is not enough to develop a system of incentives and bonuses for employees. Therefore, managers and personnel services strive to develop more specific indicators in relation to the specific conditions of production and labor organization at a particular employer. It is at this stage that most difficulties arise. In the absence of standard indicators, the application of incentives to employees is usually very subjective and may have an ineffective effect on the functioning of the incentive system as a whole. In this regard, the issue of developing standard indicators of labor efficiency should be given the closest attention.

The reward system adopted by a particular employer operates effectively only if employees are aware of the principles of its functioning and understand it. Their conviction in the fairness of this system is also of great importance. The rules that regulate the entire procedure for applying incentive measures for conscientious work can be documented in the Internal Labor Regulations, but it is more advisable to do this in a special local regulatory act - the Regulations on the Incentives of Employees.

First of all, it should be noted that the presence of this local regulatory act in the organization is not mandatory. However, it is being developed and adopted by many organizations. First of all, it's convenient. Not every organization has collective bargaining agreements. Overloading the text of an employment contract with a section regulating incentive issues only makes sense if the enterprise does not have a unified system for rewarding employees and individual types of bonuses are established for each of them. In all other cases, it is more advisable to develop a single document regulating the system of rewarding the organization’s employees and make a reference to this local regulatory act in the employment contract. Secondly, the Regulation on Incentives allows you to document the organization’s expenses for making incentive payments to employees and, accordingly, reduce the tax base for income tax. Thirdly, the mere presence of the Regulation on employee incentives, which sets out the indicators, terms and amounts of bonuses, has a stimulating effect on employees, since they know in advance that if their work corresponds to those specified in this local act indicators, they will have the right to count on additional remuneration Rodina N.V. Regulations on bonus payments to employees // Personnel service and personnel management of the enterprise. 2006. N 3. P. 52..

A very important issue is determining the size of bonus payments. What recommendations are possible here? Firstly, if the management of the organization does not want to act according to a template and wants to independently determine the amount of incentives deserved by employees, we can limit ourselves to the general phrase that the size of the bonus is determined by the head of the organization, taking into account the opinion of the employee’s immediate supervisor. Secondly, it is possible to protect the desire of the head of the organization to benefit his subordinates within certain limits by setting the minimum and maximum bonus amounts. Thirdly, the amount of the bonus can be set either as a fixed sum of money or as a certain percentage of the employee’s official salary.

In my opinion, the percentage determination of the premium size or its minimum and maximum limit seems to be the most convenient. Indeed, in this case, there is no need to constantly make changes to the Regulations on bonuses related to indexing the size of the bonus, and it also allows you to differentiate the size of the bonus for employees depending on the position they occupy and the size of their official salary. You can also enter additional criteria for determining the size of the bonus. In particular, the amount of the bonus may be increased depending on the length of work experience in a given organization.

It is advisable to form a system of factors that serve as grounds for encouraging employees for different categories of employees in different ways - taking into account the nature of the work performed, the procedure for recording and standardizing the results of work of various categories of employees. For example, it is advisable to define different approach in developing a reward system for employees whose work standards are based on financial and other indicators for the entire organization as a whole and for those categories of employees who have personal standard indicators. Employees can be divided into the following categories: 1) management - administration; 2) middle and junior management - managers separate divisions, departments, workshops, work groups. For this category of workers, it is advisable to develop standard performance indicators depending on the indicators of the structural units they manage; 3) specialists and technical performers; 4) workers.

The grounds for the application of incentive measures can be supplemented and clarified by a collective agreement or internal labor regulations in accordance with the assigned management objectives. In addition, in the charters and regulations on discipline, the grounds for applying incentive measures, as a rule, are specified in relation to the peculiarities of working conditions in specific industries.

Unfortunately, at the moment, organizational leaders do not attach much importance to moral types of rewards. There are significant reasons for this. Such types of moral encouragement as a certificate of honor, a declaration of gratitude, inclusion in the Book of Honor and on the Board of Honor, in my opinion, largely discredited themselves in past years, when this was often done for the sake of “showing off”, en masse and without any reinforcement. or material incentives. Taking into account the specifics of today, employers can develop their own types of moral incentives, which will be very effective in stimulating staff. As an example, we can cite representative offices of foreign companies operating in Russia, in which, along with a strict system of disciplinary sanctions, measures material incentives There is an extensive system of moral incentives for employees. One example of moral encouragement can be the early removal of a previously imposed disciplinary sanction, as well as the inclusion of M.A. Goncharov in the reserve for promotion to a higher position. Labor discipline. Legal regulation. Practice. Documents / ed. Yu.L. Fadeeva. // Prepared for the ConsultantPlus System, 2008..

Reward as a method of managing disciplinary relations is recognition of the employee’s merits to the team by providing him with benefits, benefits, public honor, and increasing his prestige. Every person has a need for recognition (in material values). Encouragement is aimed at realizing this need. Unfair use of incentives can quarrel the entire team See: Commentary on the Labor Code of the Russian Federation (article-by-article) / ed. IN AND. Scatulla. M.: Norma, 2007. P. 141..

Therefore, when applying incentive measures, it is advisable to take into account the following rules for the effectiveness of incentives: 1) incentives should be used for each manifestation of an employee’s labor activity with a positive result; 2) encouragement must be meaningful and raise the prestige of conscientious work; 3) publicity of encouragement - when applying it, you need to use ritual, customs, traditions; 4) negative traditions should be replaced only by positive traditions, and not by order; 5) the closer the moment of receiving the incentive, the more actively the person works; 6) availability of incentives. As practice shows, it is advisable to establish indicators upon achievement of which the employee receives the legal right to receive incentives. In this way, obvious, accessible additional work goals are formed for each employee, and these goals are another effective means of managing work and discipline in the team.

In our opinion, we can recommend some general approaches to developing an incentive system. When developing a system of rewards for work, it is necessary to take into account the following provisions: 1) the basis for rewards for success in work should be specific indicators that employees achieve while performing their direct job responsibilities, and which most fully characterize the labor participation of each employee in solving common problems; It is advisable to form a system of indicators and factors that serve as grounds for encouraging employees, taking into account the nature of the work performed, the procedure for recording and standardizing the results of work of various categories of employees (managers, specialists, technical performers, workers); 2) the employee must be sure that upon achieving the established results, he will definitely be rewarded; 3) incentive measures for work should depend on the significance of labor achievements, that is, for higher work results, accordingly, more significant incentive measures should be established; 4) motivate each employee to constantly improve their performance indicators; 5) the incentive system must be open, transparent and understandable for employees; 6) the timeliness of the application of incentive measures must be taken into account.

In addition to those listed earlier, there are many other rules for the effectiveness of rewards that are being developed in different organizations, for example: rewards must be linked to labor productivity; it is useful to express rewards publicly to people whose results are above average; a person should receive his share of the increase in labor productivity, and therefore profit; employee encouragement is participation together with the manager in developing the goals of any activity; The head of the organization should pay special attention and assistance to middle managers; the interests of employees should not conflict with the goals of increasing the organization’s income; You can’t encourage someone who doesn’t deserve it; there should be no gap between the manager’s declaration about the reward system and the actual reward system; It is not advisable to support a system of executive benefits that widens the income gap among workers; it is advisable to actively use the system of internal rewards that the content of the work provides; find out what the employee considers valuable to himself, and on this basis build a reward system for this employee; the incentive system must be individual for each employee; The employee must have the opportunity to earn a second salary at his workplace.

In the application of the incentive system, an important place is occupied by the mechanism for nominating employees for incentives. For example, in the regulation on incentives in force in an organization, the rights of managers at various levels to apply each type of incentive should be divided. So, it seems quite logical for the manager to use structural unit(department, workshop, etc.) incentive measures that are not associated with serious material expenses of the organization, for example, an announcement of gratitude, a speech to the head of the organization with an initiative to early lift a previously imposed penalty from an employee, payment of bonuses (one-time bonuses) in small amounts to the best employee department and others. The head of the organization may have broader powers to apply incentive measures to employees. He ultimately decides on the amount of money allocated to reward employees. His powers can extend both to the use of incentives that are of an individual one-time nature (in relation to a specific employee), and to incentives in relation to a certain group of workers (workshop workers, teams, etc.) or the workforce as a whole.

When talking about negative motivation, employers primarily mean material fines and deductions. However, this particular measure has no right to exist by law. However, in almost all modern Russian companies There is a system of fines and punishments. Managers believe that negative motivation is much more effective than positive motivation: after all, it disciplines people, and therefore increases their performance. Article-by-article commentary to the Labor Code of the Russian Federation / ed. F.N. Filina. M.: GrossMedia, ROSBUKH, 2009. P. 211.. In this regard, it should be emphasized that labor legislation prohibits deductions from wages (Article 22, 137 Labor Code), with the exception of some options for accounting deductions (unprocessed advance payment, accounting errors ). The only measure of punishment for employees is disciplinary sanctions - comments, reprimands, as well as dismissals (Article 192 of the Labor Code).

The procedure for applying disciplinary sanctions established by law is of key importance in the process of bringing an employee to disciplinary liability. In turn, an integral component of this procedure is the documentation of disciplinary sanctions. A clear knowledge of the legal requirements existing in this area is necessary for both parties to the employment relationship. The employer gets the opportunity to make a legal and informed decision on a specific disciplinary case and confirm his own rightness in the event of an individual labor dispute. The employee, in turn, will be maximally protected from possible violations by the employer of his legal rights and interests Kosov I.A. Legal requirements for documentation of disciplinary sanctions // Records management. 2007. N 3. P. 42..

In the process of applying a disciplinary sanction, the employer must generate the following package of documents: 1) documents confirming that the employee has committed a disciplinary offense: memos; acts; conclusions; a copy of the court verdict; a copy of the decision of the judge or other body authorized to bring to administrative responsibility; a copy of the previous order (instruction) on bringing the employee to disciplinary liability, if the employee has a disciplinary sanction, etc.; 2) documents containing the employee’s explanations: explanatory letter or an act confirming the employee’s failure to provide an explanation; 3) documents on the application of a disciplinary sanction to the employee: order (instruction), act confirming the employee’s refusal to familiarize himself with the order (instruction) against signature.

All these documents must be carefully prepared, executed, and subjected to legal review. In order for the application of disciplinary measures against an employee to be justified, all conditions for bringing him to disciplinary liability must be met. Failure to comply with at least one of them may result in the cancellation of the disciplinary sanction in court at the claim of the employee Kyle A.N. New procedure and conditions for imposing disciplinary sanctions // Labor Law. 2007. N 2..

Particular care should be taken to clarify these issues when imposing a disciplinary sanction such as dismissal, because when disputes arise related to the imposition of a disciplinary sanction in the form of dismissal, the courts are obliged to check what exactly the violation that was the reason for dismissal was expressed in, and whether it can serve as a basis for the dismissal of the employee. In all cases of dismissal, when it acts as a sanction for violation of labor discipline, the ratio of the severity of the offense committed and the measure of responsibility must be observed. It should be borne in mind that dismissal is an extreme measure, therefore the court, in the case where there are all formal grounds for dismissal, may decide to reinstate the person at work if the violations committed by the employee are not so serious as to recognize his remaining at work as incompatible with the interests of the employee. production.

In practice, many managers widely use unforeseen labor legislation methods of influence on the employee: transfer to a lower-paid job, deprivation of the right to hold a second job, cancellation of payment of bonuses for work intensity, etc. It should be noted that such methods of punishment are always fraught with litigation and can cause serious material and moral damage to the organizations in which they are practiced. Reducing established wages by imposing fines is also illegal. The employer cannot impose other monetary penalties (for example, deductions from wages, reduction of wages, deprivation of bonuses provided for in the employment contract as part of wages) on employees in accordance with Art. 192 Labor Code of the Russian Federation. This is also indicated by arbitrage practice Decision of the Supreme Court of the Russian Federation dated October 28, 2002 N GKPI2002-1100 // Reference and legal system “ConsultantPlus: judicial practice”.. A ​​monetary fine as a disciplinary measure is possible if part of the staff’s earnings consists of various incentive bonuses and monetary compensation, paid in addition to the basic salary.

Most of the workers' appeals to the court with claims against employers for bringing them to disciplinary liability are due to the fact that they do not agree that they have committed a disciplinary offense, or do not understand what their failure to fulfill their official duties consists of. In order to prevent such labor disputes or facilitate the process of proof in court, the employer must comply with the following conditions: 1) the employee’s labor duties must be documented; 2) the employee must know about his job responsibilities, that is, he must be familiarized with them against signature. In accordance with Article 22 of the Labor Code of the Russian Federation, it is the employer’s responsibility to take actions to familiarize employees against signature with the adopted local regulations directly related to their labor activity. Only after this, job duties become mandatory for the employee and their failure to perform or improper performance will be the basis for bringing him to disciplinary liability Goncharova M.A. Labor discipline. Legal regulation. Practice. Documents / ed. Yu.L. Fadeeva. // Prepared for the ConsultantPlus System, 2008..

In practice, the question often arises: If an employee commits a disciplinary offense, can the employer apply two penalties at the same time - reprimand him and deprive him of his bonus? Sometimes employees believe that the employer is violating the law because it punishes the employee twice for the same offense. In my opinion, the one-time punishment is not violated here. According to Art. 193 of the Labor Code for each disciplinary offense only one disciplinary sanction can be applied. However, bonuses for employees are part of the system of remuneration and labor incentives established at the enterprise, therefore, in our opinion, depriving an employee of a bonus for a disciplinary offense committed along with the simultaneous issuance of, for example, a reprimand, disciplinary action is not. Consequently, such a measure of influence on the employee can be applied simultaneously with a reprimand.

General labor duties enshrined in the Labor Code of the Russian Federation, as a rule, are fixed in the Internal Labor Regulations or other local regulatory act that defines the labor schedule; specific labor duties of an employee are fixed in the employment contract concluded with him, as well as in job description, technical rules and so on. At the same time, the procedure for familiarizing an employee with his job responsibilities is special regulatory documents not regulated. You can choose one of the options: 1) familiarization magazine; 2) familiarization sheet (separate for each employee); 3) the employee’s signature on the relevant local regulatory act. The last option seems to be the most preferable, since it precisely guarantees that the employee is familiar with this particular local regulatory act.

Article 195 of the Labor Code of the Russian Federation, dedicated to bringing the head of an organization and his deputies to disciplinary liability at the request of the representative body of workers, also, in our opinion, requires additional local registration. The fact is that the concept of a representative body of workers is formulated in the Labor Code of the Russian Federation only in relation to collective bargaining (Article 37). Many similar terms used in the Labor Code of the Russian Federation, such as “employee representatives”, “representatives of employee interests”, “other employee representatives”, can create conflict situations a team. They can be avoided if a local act establishes the procedure for forming or determining such a body of workers. It also seems necessary to establish the categories of management employees related to deputy heads of the organization, the timing of consideration of applications of the representative body, the procedure for processing documents indicating violation by officials of laws, other legal acts on labor, the terms of collective agreements and agreements Khnykin G. Local regulations and discipline labor // Corporate lawyer. 2008. N 3. P. 23..

Thus, the employer is given ample opportunities for local rule-making in the field of labor discipline. The need to adopt local regulations on issues of incentives and disciplinary liability is also dictated by technical defects in legal norms and gaps made during the development of this section of the Labor Code of the Russian Federation.

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Ways to improve labor discipline

Based on such an analysis, it is possible to draw conclusions about what the “weak link” of the enterprise is, and only then develop and apply appropriate measures to strengthen labor discipline. Such activities include, for example:

• regular training of personnel in order to improve their skills;
• introduction of additional incentive measures;
• strict control of lateness (for example, through the introduction of an electronic pass system);
• hiring personnel only on a competitive basis.

Performance discipline: concept, management and improvement.

Attention

Labor discipline An important institution of labor law is labor discipline (labor discipline). She performs a necessary condition any general work. Labor discipline is a set of norms and rules of behavior of workers in the process of collective labor.

Labor discipline at the enterprise and methods of ensuring it

Info

It is held in an informal setting, any criticism of what is expressed is prohibited, and all ideas are written down. A creative atmosphere reigns at such meetings. The main thing is to collect more ideas. Next, these ideas are structured, the most fruitful ones are selected and developed.

How to increase the discipline of subordinates or colleagues who distract from work

And after conducting such an analysis, draw a conclusion - where are the most frequent violations and non-compliance with the rules. And only then develop a plan of measures to strengthen labor discipline and apply it. Such measures include:

• Conducting special training sessions or courses that will be aimed at improving the skills of employers;
• Management has every right to introduce additional rewards/punishments;
• Introducing control of all those late for work, for example, you can enter electronic tokens or passes, where it will be noted whether you were late or not, as well as the time of arrival at work;
• Acceptance of a new employee to the company only on a competitive basis.

Labor discipline and financial liability of employees An employee who violates labor regulations, and as a result of this damage is caused to the enterprise, will bear financial liability.

Labor discipline

Important

Internal labor regulations. In that internal document enterprise, compiled taking into account the recommendations of the state standard on the requirements for paperwork and on the basis of articles Labor Code Russian Federation, labor discipline and disciplinary liability of enterprise employees must be prescribed. Internal labor regulations (ILR) cover such issues as the procedure for hiring and dismissing employees, the basic rights and obligations of employees and the employer, a full description of working time and rest time, incentives and punishments and the procedure for their application, as well as the responsibilities of the parties labor relations. PVTR can be a separate document or an appendix to employment contract, can be approved as an independent act, or can be approved by a separate order of the head of the enterprise.

How to increase the level of performance discipline

There are several levels of labor discipline: social, economic, administrative, educational and moral. Labor discipline - goals, rules, methods of ensuring and management Goals of labor discipline Labor discipline is created at the enterprise for:

• Increasing the efficiency of all work as a whole, and each employee in particular;
• Increasing the quality of labor productivity;
• Effective and high-quality use of every minute at the enterprise;
• Creations for employees comfortable conditions for fruitful work;
• Increasing the quality of health and labor protection.

If good labor discipline is created at the enterprise, then the highest work results will be achieved and the number of breakdowns, injuries, and, as a result, complaints will be reduced.

How to improve performance discipline in a company

IWTR (internal labor regulations) will consider: rules for the hiring of employees and their dismissal, the duties of the employee/employer and their rights, a clear and complete description of working time and rest, penalties and rewards, and the responsibilities of the parties. PVTR can be either a separately published document or an annex to an internal employment contract. PVTR can be approved as a separate act, or an order from the head of the enterprise.
(more details: Internal labor regulations) Regulations on labor discipline Some specific categories of workers, such as heads of administration and customs officers, have created separate legal documents.

Labor discipline - goals, rules and methods

Managing performance discipline is precisely this. Every manager must ensure that the employee reports from time to time on the work done. As practice shows, projects that were delivered on the deadline day are much lower in quality than those that were supervised by management throughout the entire development stage.

This can bring huge losses to the company, which will depend on the size of the penalties and the number of missed, profitable offers. Managing performance discipline will help avoid such incidents. Management means the implementation of a control system in the company that will monitor the timing of contracts, improve the quality of projects and ensure teamwork.
But keep in mind that the introduction of the most wonderful new rules in the vast majority of cases causes resistance even among the most loyal employees. Look for allies and like-minded people. Three leaves If you only care about the accuracy of specific simple operations, you can use the three-leaf system. It has been used for a long time. I noticed it when I was on vacation with my family in Egypt in one of the German hotels. To minimize disruptions during staff work, managers placed unique “trefoils” at their workplaces. On the first sheet there was a description of the action on German(the language of the leader), on the second - in the language of the performer (in this case - Arabic), and on the third sheet - pictures depicting the action. Simple and clear. Moreover, the action consisted of no more than four stages, the text was large, and the pictures were schematic.

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Strengthening labor discipline is one of the tasks of the socialist society built in our country, which is organically connected with further economic and social progress and is a real reserve of the economy. The validity of this provision is confirmed by the fact that measures taken in Lately steps to strengthen discipline and order provided significant results in a relatively short time without special material costs.

Strengthening labor discipline is one of the most important tasks of economic and social planning. Plans for the social development of production teams that are being developed everywhere include as an integral part plans for strengthening labor discipline.

Strengthening labor discipline, the requirement for unconditional compliance with laws and rules adopted in a socialist society, not only does not contradict the democratic foundations of the Soviet system, but, on the contrary, determines the development and expansion of Soviet socialist democracy.

Strengthening labor discipline helps to increase labor productivity, improve product quality, strengthen socialist property, and, consequently, meet the growing needs of the people. Strengthening labor discipline has a huge educational impact, because it develops the internal need to voluntarily and according to one’s inclinations to work for public good. That is why the main directions of development National economy The USSR for 1976 - 1980 provides for increased labor and production discipline; ensuring a more complete and rational use of working time, eliminating downtime and unproductive labor costs.

Strengthening labor discipline based on the correct use of disciplinary measures against persons who violate labor safety rules and regulations, instilling in workers a sense of high responsibility for their compliance should be carried out constantly and purposefully according to a clearly thought-out system. In this case great importance have measures for public education of personal and collective responsibility for the safety and health of each employee.

Strengthening labor discipline and improving the use of labor resources largely depends on the successful solution of a number of social problems. It is necessary to achieve strict implementation of plans for the social development of teams, improvement of working and living conditions. The involvement of women in production should be a subject of special concern. To do this, it is necessary to ensure the fulfillment of planned tasks for the construction of children's preschool institutions, improving the work of extended-day schools, as well as canteens, home kitchens, laundries and other consumer services enterprises.

The strengthening of labor discipline is supported by a change in the procedure for granting vacations. The length of service for the provision of the specified leave is accrued starting from January 1, 1980. In case of violation of labor discipline by workers and employees (absenteeism without good reasons, showing up at work while intoxicated), additional leave for continuous work experience may not be provided partially or completely.

To strengthen labor discipline, measures are being developed to enhance the effectiveness of administrative and social influence on discipline violators. The plan also includes measures to improve the psychological climate, relationships, mood and public opinion, development of business relationships among team members.

The task of strengthening labor discipline as an important means of developing socialist production is achieved through the joint efforts of party, trade union, Komsomol organizations and enterprise administrations. Fulfillment of this task is inseparable from increasing the militancy of primary party organizations, strengthening control of party organizations over the activities of the administration, increasing the role of trade union organizations in protecting the rights of workers and employees, and the activity of the Komsomol in the education of young workers.

The task of strengthening labor discipline, as an important means of developing socialist production, is achieved through the joint efforts of party, trade union, Komsomol organizations and enterprise administrations.

Maintaining and strengthening labor discipline in our country is carried out not only through the method of persuasion and education, but also through the method of moral and material incentives. Measures of moral and material incentives, which are in organic unity, are aimed at ensuring high labor discipline, strengthening order and organization in each organization.

An important factor in strengthening labor discipline is the development and improvement of socialist competition, the movement for a communist attitude towards work. It is NOT and the development of socialist competition that puts everyone in conditions that require timely and high-quality performance of their duties.

Measures to strengthen labor discipline should be twofold: they should include both the fight against violators and the elimination of the causes of the violation. The latter should be preventive in nature and is a more effective form.

A successful struggle to strengthen labor discipline is possible only with the conscious participation of all workers. This is evidenced by the entire experience of socialist construction in our country. The influence of the community that surrounds a person every day can do more than any administrative punishment.

The well-organized work of the commission on labor disputes. Along with local trade union committees and people's courts, it is called upon to consider and resolve labor disputes between workers (employees) and management. Labor dispute commissions are formed from an equal number of permanent representatives of the local trade union committee and the administration for the term of office of the local committee. Technical services of the commission (paperwork, storage of files, issuance of extracts from minutes of meetings, etc.) are carried out by the enterprise.