Legal encyclopedia. Letter D

DISCIPLINARY RESPONSIBILITY

Legislator, depending on the source of regulation, established two types of DO - a general and special DO OD is provided for by the RF LC and internal labor regulations. It applies to all employees, except those for which a special

BEFORE.

The basis of DO is a disciplinary offense. Disciplinary offense - failure to perform or improper performance through the fault of the employee assigned to him functional duties, i.e.

Orders of the administration, rules of internal labor regulations, job descriptions, etc.

Disciplinary offense has a set of characteristics. These include: the object, the objective side, the subject, the subjective side.

The object of a disciplinary offense is the internal labor order.

The objective side of a disciplinary offense is the commission by the offender of certain unlawful acts that have caused harmful consequences. It is necessary to establish a causal relationship between these actions and the harmful consequences that have occurred.

The subject of a disciplinary offense is a worker who is in specific labor relations with the employer and has violated labor discipline.

The subjective side of the disciplinary offense is the guilty actions committed by the employee.

For violation of labor discipline, the administration can apply the following disciplinary sanctions:

1) a remark;

2) reprimand;

3) dismissal.

Federal laws, charters and regulations on discipline for certain categories of employees may provide for other disciplinary penalties.

Dismissal in the order of disciplinary punishment is possible in the following cases:

1) repeated non-performance by an employee

Without valid reasons of labor duties, if he has a disciplinary penalty;

2) a single gross violation of the employee's job duties;

3) committing the guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him by the employer;

4) committing an immoral offense by an employee performing educational functions incompatible with the continuation of this work;

5) making an unreasonable decision by the head of the organization, his deputies and the chief accountant, which resulted in the violation of the security of the property, its unlawful use or other damage to the organization's property;

6) a single gross violation by the head of the organization, his deputies of their duties;

7) submission by the employee of the employee of forged documents or deliberately false information when concluding an employment contract;

8) termination of admission to state

Secret, if the work performed requires admission to state secrets.

Special DO is established by special legislation - the RF Law "On the Federal Civil Service of the Russian Federation", charters and regulations on discipline and so on - for some categories of employees, which also provides other measures of disciplinary action. The order of application of measures of disciplinary penalties for a special DO in most of the charters, provisions is the same as for general DO.

Special DO differs from the general for the following features:

1) on a circle of persons falling under its action;

2) on measures of disciplinary punishment;

3) on a circle of persons and bodies entitled to apply penalties;

4) in the order of application and the procedure for appealing against the foreclosures.