Disciplinary responsibility of employees refers to the legal category, and may be imposed for improper performance of job duties and behavior in the workplace.
to disciplinary action involved workers who have committed wrongful misconduct, expressed in improper performance or culpable wrongful failure to work duties.Usually
disciplinary liability arises for violations of labor legislation, as well as the rules labor regulations, regulations on discipline, technical regulations, job descriptions.Such violations include evasion or refusal of medical examination without good reason, workers in certain occupations, refusal to undergo training to improve the skills, exam safety, absenteeism, being in a state of intoxication, etc.
not considered a misdemeanor actions that do not relate to the labor duties.For example, the refusal or failure of public works, violation of the rules of the hostel.
Disciplinary liability arises only when the wrongful nature of the misconduct that violate the law.If the employee's actions do not go beyond that, then they can not be regarded as unlawful.So you can not punish a woman having a child under 3 years old, who refused to work overtime.Because it can bring to this work only with her consent.Failure to comply with order management, violating the legislation, is not considered unlawful misconduct.
In each case, the actions of the employee (or inaction) must be fault (intent or negligence).For example, failure to work due to equipment failure.
The present labor legislation provides for disciplinary responsibility, which is of two main types: general and special.
The first type includes violations of labor discipline, including internal regulations.It applies to all employees, except for those categories that are covered by a special kind of responsibility.
So disciplinary measures imposed by the Labour Code as follows.First, make comments, and then reprimand, only the third species is dismissal on the grounds stipulated by the Labour Code articles.Previously, there was still a kind of punishment as severe reprimand.
The second type is a special disciplinary responsibility.The measure provides for the punishment of a narrow circle of people.These categories include judges, investigators, prosecutors, civil servants, employees of some sectors that fall under the regulations on discipline.These workers except penalties general type can also be used, and others.Special
responsibility has the following features that distinguish it from the general: a special circle of persons, the right under its action, penalties, authorities entitled to impose a penalty, the order of appeal and application.
There is also a special responsibility, which is spelled out in the statutes and regulations of discipline.Its measures apply to employees of the central office, and employees of special sectors of the economy.The provisions (charters) negotiated terms of these workers, indicating the officials who have the right to punish.
imposing a disciplinary sanction, consider the severity of the offense, the circumstances have arisen in which it occurred and the previous behavior of employees.What specific measure to apply, the employer chooses - it's his right.The list of disciplinary sanctions applied to violators, is a complete and legally invalid application of other penalties.
