The concept and methods of ensuring labor discipline. Legal regulation of economic relations. Legal methods of ensuring labor discipline

The main legal methods of ensuring labor discipline in enterprises are the method of persuasion and the method of coercion, used in cases where methods of persuasion are insufficient to ensure law and order. Although it should be noted that among lawyers there is no consensus regarding the number of methods for regulating labor discipline. Some researchers, in particular T.N. Vazhenkova identifies three methods of discipline regulation, where, along with the method of persuasion and coercion, the method of encouragement is also presented, which is also one of the most effective ways to maintain labor discipline.

In turn, A.A. Grechenkov does not distinguish the method of encouragement into an independent method of regulating and maintaining labor discipline, while considering only methods of persuasion and coercion.

The point of view of T.N. Vazhenkova, since the method of encouragement is an important means of maintaining and strengthening labor discipline.

This section of the work should consider the methods of persuasion and coercion. In turn, a separate chapter will be devoted to the reward method, this is due to the fact that the reward method is the most effective method in the maintenance of labor discipline and deserves more careful and detailed consideration.

The persuasion method is a means of maintaining the work schedule in the enterprise. The method of persuasion is understood as various social events carried out in order to educate, increase the sense of responsibility, conscientiousness and discipline of workers.

The method of persuasion, as a way of ensuring labor discipline, is, first of all, in convincing the employee that the conscientious fulfillment of his duties and observance of labor legislation will allow the employee to receive certain benefits. Belief? a method of influence that stimulates the subject of labor relations to such behavior that corresponds to his will. First of all, the method consists in the economic interest of the employee and employer in the final results of labor.

The main means of the persuasion method include the following:

• - legal education;
• - cultural and educational activities;
• - educating employees on the examples of advanced employees, innovators who have achieved great success in their activities.

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

Work to strengthen labor discipline should be designed for both the individual employee and the team as a whole. A person who has committed a disciplinary offense is convinced that he is acting contrary not only to public interests, but also to his own individual interests, since by committing a disciplinary offense, the employee deprives himself of various types of incentives, primarily material.

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

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

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

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

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

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

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

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

Same effective way method of persuasion is the legal education of employees on labor legislation. These events must be carried out regularly at least 1 time a month, when representatives of the administration of an organization or institution speak to the work collective, trade union committee... At these events, the main provisions of labor legislation are explained, in terms of labor discipline, the procedure for granting vacations, incentives, payments wages, as well as the issues of making amendments and additions to the collective agreement and other local acts of the institution.

Another means of ensuring labor discipline are periodic meetings of the labor collective with representatives government organizations: Department of Internal Affairs, Prosecutor's Office, Narcological Dispensary. At these meetings, representatives of organizations convey information about the state of crime, morbidity, etc. legal implications violations of labor discipline, especially bringing employees to disciplinary responsibility. In addition, employees have the opportunity to ask questions to representatives of the aforementioned organizations on the most pressing issues for employees. Thus, measures are taken to prevent not only disciplinary offenses, but also crime in general.

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

Compulsion? it is a method of influence that ensures the performance of actions by individuals, social groups or classes against their will in the interests of the coercive.

In other words, coercion? it is the exercise by the head of his powers under certain conditions stipulated by law. The method of coercion is applied only to employees who, being in labor relations, through their own fault, violate their assumed labor obligations. Coercive Measures Applied for Violation job responsibilities must be established by law.

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

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

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

The main methods of coercion are bringing employees to disciplinary responsibility, imposing disciplinary action in accordance with the Labor Code of the Republic of Belarus, depriving employees, depriving and reducing allowances to official salaries in accordance with the regulations on bonuses to employees of a particular organization, the collective agreement and the rules of the internal labor schedule.

Cases of partial deprivation of premiums may be:

• - violation of the internal labor regulations;
• - failure to comply with the terms of the collective agreement;
• -non-compliance job responsibilities stipulated in the job descriptions;
• - failure to fulfill obligations confirmed by intradepartmental control;
• - cases of industrial injuries that occurred during working hours;
• - violation of instructions and other normative documents operating in the institution;
• - inaccurate documentation;
• - failure to undergo a routine medical examination.

Full depreciation is provided in the following cases:

• - absenteeism, without good reason;
• - failure to comply with the terms of the collective agreement, internal labor regulations, job descriptions;
• - gross violation of safety regulations and labor protection rules;
• - negligent attitude towards saving material values, which entailed material damage;
• - appearance at work drunk;

Thus, summing up the above data, it should be concluded that the use of the method of coercion is aimed primarily at depriving the employee of material benefits that he had before, so that the employee could compare his financial situation before applying a disciplinary sanction to him and after its application.

In this case, applying this method of influence to the employee, the employer primarily pursues a preventive goal in order to make the employee think about the illegality of his act and not repeat such behavior in the future. When applying a disciplinary sanction to the employer, it is necessary to establish the validity of the employee's misconduct, the presence of guilt and apply to the employee such a measure of disciplinary liability that would correspond to the severity of the employee's misconduct.

An important direction is to familiarize employees with the best practices of other employees who have achieved great results in their labor activity, and also explains the incentive measures that are applied to these employees in order to incentivize other employees.

Thus, summing up, it should be noted that for the successful maintenance of labor discipline, a skillful combination of all methods of regulating labor discipline is necessary. The employer should competently and consistently apply in relation to employees, both the method of persuasion and the methods of coercion and encouragement.

Thus, in science there are two approaches that determine the methods of ensuring labor discipline. Some scholars distinguish two methods (persuasion and coercion), and some - 3 methods - persuasion, encouragement and coercion. The use of 3 methods of ensuring labor discipline is more rational, since the method of encouragement that some scientists include in the method of persuasion has its own characteristics in legal regulation and implementation in practice, types and forms. Encouragement as a method is a very effective way to ensure and maintain labor discipline.

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

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

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

Features of regulation

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

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

Internal labor regulations are necessary to summarize all conditions of discipline. This is normative act used in a specific organization, which must comply with established legal norms and conclude information:

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

Discipline is essential to:

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

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

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

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

Methods concept

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

Popular labor discipline methods which are actively used:

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

Strengthening labor discipline

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

Incentives

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

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

• the purpose of the award;
• gratitude in writing;
• rewarding certificate of honor;
• transfer of a valuable gift;
• presentation of rank or status.

Award order

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

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

Disciplinary methods

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

• comment;
• rebuke;
• dismissal.

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

Examples of violations:

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

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

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

You cannot recover from an employee twice for the same violation. Even the use of penalties and different forms if an employee is punished for the same violation.

Regulatory regulation

Labor discipline is based on regulatory enactments:

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

The internal work schedule should contain information related to:

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

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

Discipline is established order Behavior Discipline is compulsory for all employees to comply with the rules of conduct, defined in accordance with this code, other federal laws, collective bargaining agreements, agreements, local regulations, labor contracts.
When concluding an employment contract, the employee undertakes to comply with the requirements of the "Internal Labor Regulations"
Pr. Int. labor order is a local normative act that establishes the basic rights, duties and responsibilities of the parties to the employment contract, as well as the mode of work and rest time, and other regulatory issues labor relations.
The PVTP is APPROVED by the management of the organization and from that moment on it is binding on both the employer and the employee.
LABOR LAW distinguishes between labor discipline methods, which can be divided into 2 groups.
1.reward method
2. the method of punishment.
The meaning of labor discipline:
- contributes to the achievement of high quality labor results.
-increases production efficiency and labor productivity.
- contributes to the protection of the employee's health.

Art. 193 is a legal concept of labor discipline. Proceedings. discipline is compulsory for all slaves to obey the established work. routine and proper performance of their work. obligations. The discipline of labor (in the objective sense of the word) is the constellation of the rules of behavior required from the person included in the personal. the composition of the org-tion. The concept of “labor. discipline "into the lens. sense similar to the concept of "institution of labor discipline." This concept includes two groups of norms:

 norms establishing int. work. the order in the organization, defining the subordination between the slave and the employer by fixing labor. rights and obligations of slaves and nan-la, rules of behavior in percent. labor, def. operating mode ...;

 norms for assessing the behavior of an employee in this process: norms on incentive measures and norms on disciplinary response.

Labor discipline as el-t works. legal relationship manifested itself in the establishment of the proper behavior of the concrete. workers in the general team. labor, in the individualization of their works. obligations on the basis of the concluded contract. The duties of the employee and the employer in Chapter 5, Art. 53-55 TC. Labor supply methods. discipline is the methods of its provision provided for by the legislation, that is, the fulfillment by the slave and hire of his obligations. There are 3 main methods: 1. persuasion; 2. encouragement; 3. coercion.

Conviction is char-but for the Soviet stage. method of persuasion - a means of ideological, psychological, moral impact on the participants in the production. process, which stimulates the sub-that to such behavior, which corresponds to his will. It is aimed at educating the consciousness of slaves.

The method of encouragement means that a slave can be rewarded for conscientious work, which manifested itself in a material, moral and legal form. The encouragement is put into labor. book.

The method of coercion is labor for the violator. discipline by imposing disciplinary measures. foreclosures, etc., measures of property foreclosure (maternal answer)

Labor discipline is compulsory for all employees to comply with the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, collective bargaining agreements, agreements, labor contracts, local regulations of the organization. Labor discipline is a system of measures and means for establishing, observing and ensuring the internal labor schedule of an organization.
The methods of strengthening labor discipline are persuasion, encouragement, coercion (i.e. disciplinary action).
The organization's labor schedule is determined by the internal labor regulations. Legal regulation internal labor regulations are carried out on the basis of Ch. 29 and 30 of the Labor Code of the Russian Federation.
The internal labor regulations of the organization are a local normative act regulating in accordance with the Code and other federal laws the procedure for hiring and dismissing employees, basic rights, obligations, responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations in an organization.
The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. In accordance with the previously valid Code, the rules were approved by the general meeting of the labor collective.
The employer is obliged to familiarize the employee with the internal labor regulations in force in the organization when hiring him (Article 68 of the Labor Code of the Russian Federation). Internal labor regulations should be available for familiarization with employees.
For selected categories employees are subject to statutes and regulations on discipline, approved by the Government of the Russian Federation in accordance with federal laws. Discipline charters and regulations apply in those industries (spheres of activity) where strict adherence to labor discipline is especially important due to the fact that its violation can entail extremely serious consequences. Discipline charters and regulations are currently in force: Employee discipline regulations railway transport Russian Federation * (95); Regulation on disciplinary responsibility of heads of administrations * (96); Charter on the discipline of employees of organizations with especially hazardous production in the field of atomic energy use * (97); Disciplinary charter customs service Russian Federation * (98); Employee Discipline Charter sea ​​transport* (99), etc. In contrast to the internal labor regulations, the statutes and regulations on discipline may establish additional (in comparison with Article 192 of the Labor Code of the Russian Federation) types of disciplinary sanctions.
In practice, the statutes and regulations were quite often approved by the federal executive authorities. In this case, such regulations can be considered as controversial, based on Part 3 of Art. 55 of the Constitution of the Russian Federation, which provides that the rights of a citizen can be limited only on the grounds provided for by federal law.

To ensure labor discipline labor legislation uses two methods (methods): the method of encouragement and the method of coercion.

Encouragement- this is the recognition of the labor merits of the employee, the provision of social honor to him for his achievements in work. Incentives can be both moral and material in nature, or they can combine both of these elements. The Labor Code of the Russian Federation provides for the following types of incentives for conscientious work:

Announcement of gratitude;

Award issuance;

Rewarding with a valuable gift;

Awarding with a certificate of honor;

Submission to the title of the best in the profession.

It should be noted that this list is not exhaustive. Other types of incentives to employees for work can be determined by the collective agreement or the internal labor regulations of the organization, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards.

Information about incentives is entered in work book, which is very important for an employee when applying for another job.

In addition to positive incentives to observe labor discipline, there are also negative ones, which are expressed in the threat of negative consequences for the employee in case of violation of labor discipline. These consequences are most often expressed in the application of coercive measures of influence (measures of coercion) to the employee.

Coercion method as a way of ensuring labor discipline is a set of techniques and means of influencing unscrupulous workers, expressed in the application of legal sanctions to them for non-performance or improper performance of their labor duties.

As a rule, coercive measures applied in connection with violation of labor discipline are measures of responsibility. Labor law, in contrast to some other branches of Russian law (civil, administrative, criminal), does not know a single structure of responsibility. Depending on what exactly the violation of labor discipline was expressed in and what the consequences were as a result of this, the offender may be brought to justice disciplinary or material (property) responsibility. The question of liability arises only if the unlawful behavior of the employee (or employer) caused material damage to the other side of the employment contract. In the absence of material damage, only disciplinary liability can be imposed on the employee (but not on the employer). A disciplinary offense committed by an employee, which at the same time caused material damage to the employer, may be the basis for bringing the employee both to disciplinary and material responsibility at the same time. Further, these types of responsibility will be considered in more detail.

Test questions:

1. What is labor discipline and internal labor regulations of the organization? What documents are they defined by?

Labor discipline is compulsory for all employees to comply with the rules of conduct established by the Labor Code of the Russian Federation, other laws, agreements, collective agreements, other local regulations of the organization, as well as an employment contract. Discipline of work in specific organization presupposes strict observance by all employees of the internal labor schedule. This schedule is usually determined by the internal labor regulations approved by the employer, taking into account the opinion of the representative (trade union) body of workers. The internal labor regulations are a local regulatory act of the organization that regulates, in accordance with labor legislation, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the organization. In addition, in some sectors (sub-sectors) of the economy there are statutes and regulations on discipline approved by the Government of the Russian Federation. As a rule, they apply to workers of only basic professions, to which, due to the nature and conditions of their work, increased requirements are imposed. Currently, for example, the following acts are in force: Regulations on the discipline of railway workers of the Russian Federation, Disciplinary charter of paramilitary mine rescue units for servicing mining enterprises of the metallurgical industry, Charter on discipline of employees of organizations with especially hazardous production in the field of atomic energy use, Charter on discipline of workers in the maritime industry. transport, the Charter on the discipline of workers in the fishing fleet of the Russian Federation. To ensure labor discipline, labor legislation uses two methods (methods): a method of encouragement and a method of coercion.

Encouragement is the recognition of an employee's labor merits, rendering him social honor for achievements in work. Incentives can be both moral and material in nature, or they can combine both of these elements. The Labor Code of the Russian Federation provides for the following types of incentives for conscientious work: announcement of gratitude; issuance of prizes; rewarding with a valuable gift; awarding with a certificate of honor; presentation to the title of the best in the profession. It should be noted that this list is not exhaustive. Other types of incentives to employees for work can be determined by the collective agreement or the internal labor regulations of the organization, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards. Information about incentives is entered in the work book, which is very important for an employee when applying for another job. In addition to positive incentives to observe labor discipline, there are also negative ones, which are expressed in the threat of negative consequences for the employee in case of violation of labor discipline. These consequences are most often expressed in the application of coercive measures of influence (measures of coercion) to the employee. The method of coercion as a way of ensuring labor discipline is a combination of techniques and means of influencing unscrupulous workers, expressed in the application of legal sanctions to them for non-performance or improper performance of their labor duties. The measures of coercion applied in connection with violation of labor discipline are, as a rule, measures of responsibility. Depending on what exactly the violation of labor discipline was expressed in and what the consequences were as a result of this, the offender may be brought to disciplinary or material (property) liability. The question of material liability arises only if the unlawful behavior of the employee (or employer) caused material damage to the other party of the employment contract. In the absence of material damage, only disciplinary liability can be imposed on the employee (but not on the employer). A disciplinary offense committed by an employee, which at the same time caused material damage to the employer, may be the basis for bringing the employee to both disciplinary and material responsibility at the same time. Below we will only talk about disciplinary responsibility, and material liability worker will be discussed in the next chapter.