home Work and education Methods for ensuring labor discipline. Ways to ensure labor discipline Legal means of strengthening labor discipline in the organization

Methods for ensuring labor discipline. Ways to ensure labor discipline Legal means of strengthening labor discipline in the organization

It is necessary to state the fact that the methods of ensuring discipline play an important role for any organization. Thus, in particular, any person who is on leadership position, in without fail should operate well with data on the organization of labor. Many methods showing in practice high efficiency, change only partially.

In order for the employer to demand discipline from the personnel, it is necessary to guarantee the people the good condition of the equipment and all the necessary technical documentation. Tools for work must be of high quality. In addition, it is important to guarantee safe and healthy working conditions.

In modern legal literature, there are following methods ensure labor discipline:

1) persuasion;

2) encouragement;

3) coercion.

One of the main methods is persuasion. Persuasion is essential to maintaining discipline and has a direct impact on performance. The head must necessarily have the appropriate "levers" of influence on employees. There are different types of beliefs: political, economic, aesthetic and others. But the main, for the control of labor processes, are economic and political.

Among the methods for ensuring labor discipline, the encouragement of employees is of particular interest. The employer must note conscientious work their employees. In other words, if well-performing and unscrupulous employees are in an equal position, well-performing employees simply will not be motivated, which will accordingly affect the labor process.

Encouragement for work is a public recognition of the merits of the employee, his success in work in the form of applying incentive measures to him.

Of course, encouragement plays a kind of role of a "perpetual motion machine". Recognition of the labor successes of employees increases job satisfaction as the most encouraged, and has an impact on other employees of the organization, stimulating the latter to improve the results of their work. At the same time, in the current Russian legislation, encouragement is understood only as a form of public recognition of the successes achieved, which expresses the official recognition by the employer of the employee's merits (as a rule, on general meeting in a solemn atmosphere, with the obligatory issuance of an appropriate order) and rendering him public honor.

In this regard, we can say that incentives for work are the most important means of ensuring labor discipline.

As a rule, there are the following measures to encourage employees:

1) measures of a moral nature (declaration of gratitude, awarding a certificate of honor, etc.)

2) material nature (issuance of an award, awarding a valuable gift, etc.).

It should be noted, however, that the list of incentives is not exhaustive. The labor legislation provides for only the main types of incentive measures that are widely used in practice.

The grounds for applying incentive measures to an employee are:

1) conscientious efficient work, that is, the impeccable performance of labor duties;

2) increase in labor productivity;

3) improving product quality;

4) continuous conscientious work and other achievements in the performance of the employee's labor duties.

The last method is coercion. Coercion is a kind of punishment for any misconduct of employees. A person who refuses to abide by the norms and obey the established rules is forced to correct himself.

Currently, the employer has the right to apply various disciplinary sanctions against employees who violate labor discipline. Different kinds penalties are imposed according to the procedure established by law, on the basis of the operation of the articles of the Labor Code Russian Federation and federal laws according to the severity of the wrongdoing committed by the guilty person.

In accordance with article 192 of the Labor Code of the Russian Federation, there are the following types disciplinary action:

1) remark;

2) reprimand;

3) dismissal on appropriate grounds.

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

Thus, having considered and studied the methods of ensuring labor discipline, we can say that today the employer has the opportunity to use various methods in order to comply with labor discipline by employees. In particular, it is persuasion, encouragement, coercion.

THE SOLUTION OF THE PROBLEM

Condition:

The employment contract concluded with the seller Alimova did not include a condition on the mandatory social insurance. When checking compliance with labor laws, the state inspector of the Federal Labor Inspectorate demanded recognition employment contract invalid and demanded its termination in connection with the violation of the requirements of Art. 57 TK.

Is the requirement of the state inspector legal?

What are the legal consequences of not including the conditions required by law in the employment contract?

Decision:

Article 57 of the current Labor Code establishes that the condition on compulsory social insurance must be included in the employment contract concluded between the employee and the employer. At the same time, this article regulates that if, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of Article 57 of the Labor Code of the Russian Federation, then this is not a basis for recognizing a labor contract is not concluded or terminated. The employment contract must be supplemented with missing information and (or) conditions.

Guided by the above legal norm, we can say that the actions of the requirement of the state inspector are illegal. In this case, the state inspector must oblige the employer to include this condition in the employment contract by drawing up an annex to the employment contract or by concluding a separate written agreement between the parties.

Legal consequences of non-inclusion in the employment contract mandatory conditions:

1) the employer must necessarily include this condition in the employment contract;

2) it is possible to apply administrative penalties to the employer in accordance with Article 5.27 current Code on administrative violations for evading registration or improper execution of an employment contract, violation of labor laws.

CONCLUSION

Thus, having examined and studied the discipline of labor, the methods of ensuring it, as well as solving the problem, one can summarize and draw certain conclusions.

It should be noted that the goals and objectives of this control work have been achieved and fulfilled.

In the process of writing this test, it was found that under the discipline of labor it is necessary to understand the obligatory obedience to the rules of conduct for all employees. The labor procedure is established by the employer on the basis of the rules of the internal work schedule, which should be understood as local normative act, which regulate the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, rest time and other issues.

Maintenance of labor discipline can be carried out by the employer through the use of various methods: encouragement, persuasion, coercion.

The method of persuasion is a method of education, influencing the minds of employees in order to stimulate their useful activity or inhibit undesirable actions. Incentive measures have a positive effect on the work process, stimulating employees to more efficiently and conscientiously perform their work duties. In addition to incentive measures, penalties are also applied to employees who commit disciplinary offenses.

In addition, when writing this test, the problem was considered and solved. In the course of its solution, the current labor law, in particular, the issues of including mandatory conditions in an employment contract, the legal consequences of not including these conditions.

LIST OF USED LITERATURE

Normative legal acts

1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (subject to amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 No. 6-FKZ, of December 30, 2008 No. 7-FKZ, of February 5, 2014 No. 2 -FKZ, dated July 21, 2014 No. 11-FKZ) // SZ. RF. - 2014. - No. 30. - Art. 4202.

2. Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ (as amended on July 6, 2016 with amendments and additions, entered into force on October 3, 2016 No. 374-FZ) // Rossiyskaya Gazeta. - 2001. - No. 256; // Russian newspaper. - 2016. - No. 149.

Scientific and educational literature

1. Gavrilova A.O. Some aspects of understanding the term "labor discipline". // Bulletin of the Omsk Law Academy. - 2012. - No. 1. - S. 89-91.

2. Dmitrieva V.K. Labor law of the Russian Federation: textbook. - M.: Yurayt, 2012. - 569 p.

3. Kovaleva I.A. Legal regulation labor discipline. // Science and modernity. - 2013. - No. 20. - S. 286-292.

4. Smolensky M.B. Labor law of the Russian Federation: textbook. - M.: Norma, 2010. - 450 p.

5. Syrovatskaya L.A. Labor law of the Russian Federation: textbook. - M.: Yurayt, 2011. - 586 p.

6. Tolkunova V.N. Labor law: tutorial. - M.: Norma, 2013. - 390 p.

The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (subject to amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 No. 6-FKZ, of December 30, 2008 No. 7-FKZ, of February 5, 2014 No. 2-FKZ , dated July 21, 2014 No. 11-FKZ) // СЗ. RF. - 2014. - No. 30. - Art. 4202.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on July 3, 2016 with amendments and additions, entered into force on October 3, 2016 No. 347-FZ) // Rossiyskaya Gazeta. - 2001. - No. 256; // Russian newspaper. - 2016. - No. 149.

Kovaleva I.A. Legal regulation of labor discipline. // Science and modernity. - 2013. - No. 20. - S. 286.

Gavrilova A.O. Some aspects of understanding the term "labor discipline". // Bulletin of the Omsk Law Academy. - 2012. - No. 1. - S. 89.

Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on July 3, 2016 with amendments and additions, effective from October 3, 2016 No. 347-FZ) // Rossiyskaya Gazeta. - 2001. - No. 256; // Russian newspaper. - 2016. - No. 149.

Smolensky M.B. Labor law of the Russian Federation: textbook. - M.: Norma, 2010. - S. 198.

Tolkunova V.N. Labor law: textbook. - M.: Norma, 2013. - S. 215.

Dmitrieva V.K. Labor law of the Russian Federation: textbook. - M.: Yurayt, 2012. - S. 265.

Syrovatskaya L.A. Labor law of the Russian Federation: textbook. - M.: Yurayt, 2011. - S. 248.

Tolkunova V.N. Decree. Op. S. 216.

Dmitrieva V.K. Decree. Op. S. 266.

Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ (as amended on July 6, 2016 with amendments and additions, effective from October 3, 2016 No. 374-FZ) // Rossiyskaya Gazeta. - 2001. - No. 256; // Russian newspaper. - 2016. - No. 149.

Labor discipline is a set of certain rules of conduct required from participants in the labor I process, and the need to comply with these rules, subordination! * Internal labor regulations established by the employer.

It involves a conscious attitude to work and - voluntary subordination of workers to a certain order, tired; updated by the employer.

t Majority mandatory requirements to discipline vyte- ^ Kaet from the labor contract.

Legislation on labor does not contain a single definition of the concept of labor and production discipline

Labor discipline should be understood as conscientious fulfillment by the employee of his duties stipulated by the employment contract, internal labor regulations, creative attitude to work, careful handling of equipment and material values, clear execution

orders and directives of managers and the achievement of high results in work.

Industrial discipline is closely related to labor discipline. Production discipline is the fulfillment by the employee of the established technological rules and production instructions.

Production discipline in broad sense consists of many varieties of discipline. The most characteristic m of them are: planned; design; technological; compliance with the requirements of standards; compliance with the requirements for saving and rational use of raw materials, materials, energy and other types material resources; contractual: performing.

Planning discipline is the procedure for drawing up plans, their coordination, approval and implementation. This procedure is established in the resolutions of the Council of Ministers, orders of ministries and other governing bodies.

Design discipline obliges specialists to strictly comply with the requirements of drawings and other design documentation in the manufacture of products.

Technological discipline consists in strict adherence to technological processes, implementation of measures aimed at ensuring the technological preparation of production.

Compliance with the requirements of standards implies compliance with the requirements of standards, which include GOSTs. OSTs, STP, TU.

Compliance with the requirements for saving and rational use of raw materials, materials, energy and other types of material resources involves increasing the measures of responsibility for rational use raw materials, materials, energy and the introduction into practice of the achievements of science, contributing to their economy and conservation.

Contractual discipline is characterized by the organization of economic relations between enterprises and organizations on a contractual basis, strict observance of contractual obligations, and liability for breach of contractual obligations.

The discipline of execution is the timely and qualified execution of orders, instructions, instructions by employees.

In order to ensure proper labor discipline, various organizational and legal means of influencing the behavior of employees and methods are used to help maintain a certain level of labor discipline necessary for society. Legal methods of ensuring labor discipline are understood as the methods of ensuring it provided for by law, i.e.

Fulfillment by the employee and the employer of their duties.

The following most characteristic methods of ensuring labor discipline are distinguished: persuasion, encouragement for conscientious work, coercion.

Persuasion is a method of influence that stimulates the subject of law to such behavior that corresponds to his will.

The conviction of people in the usefulness and necessity of labor discipline in social production is formed in the process of everyday work by psychological impact on the members of the labor collective of the organization. Conviction is affirmed by the influence on the thoughts, moods, feelings, motives of a person's behavior through the full use of his moral and material interest in the effective performance of socially useful work and the achievement of better results.

When influencing the consciousness of workers by persuasion, they create internal moral stimuli, the need for lawful behavior. This impact allows you to combine the prescription of the law, other regulatory act, government requirements officials with the internal conviction of the employee in the need to comply with these requirements.

Persuasion is a method of preventing violations of labor discipline. It contributes to the prevention of offenses and immoral misdeeds, the elimination of the causes that give rise to them.

The means of implementing the method of persuasion are various incentives.

Encouragement under labor law is, as a rule, a public honor to a member of the labor collective in the form, established by the rule of law or a collective agreement, incentive measures for exemplary behavior recognized as labor merit or special labor merit.

Encouragement for success in work as an important legal means of ensuring labor discipline is of great moral importance. The basis of encouragement is usually the exemplary behavior of the employee, which is evaluated as a labor merit. The subject of labor merit are employees or teams of sections, shifts, workshops.

There are no specific incentives in TK. The procedure for the application of incentives is determined in the collective agreement, internal labor regulations, charters on discipline. So. for success in work, increasing the productivity of labor, improving product quality, continuous and flawless work, innovation in work and for other achievements in work, the following types of rewards are possible: declaration of gratitude. awarding a prize, awarding a valuable gift, a Certificate of Honor, entering into the Book of Honor, on the Board of Honor. For special labor merits, employees are presented for awarding state awards: orders, medals, certificates of honor, badges and for conferring honorary titles and knowledge of the best worker in this profession.

To encourage employees who successfully and conscientiously fulfill their labor duties, the employer must first of all provide benefits and benefits in the field of socio-cultural and housing services: vouchers to sanatoriums and rest homes, improved living conditions. To encourage employees in self-supporting organizations, the payment of remuneration for the year should be more widely used, as well as provide such employees with advantages in promotion.

When encouraging employees, the principle of publicity must be observed. This serves to strengthen labor discipline and educate employees. An important condition is the observance of the proportionality of the encouragement of the specific participation of the employee in the achievement of certain indicators. Incentives are announced in the order (instruction) of the employer, which specifies in detail the type of incentive and for what specific successes in work the employee is noted, and are entered in work book.

Coercion is a method of influence that ensures the commission of certain actions by the subject of law against his will. Coercion is the use by the head of the organization of his authority under certain conditions provided for by law.

Coercion as a method of influencing the subject of law is used much less frequently than persuasion, and must be justified and humane, in each case depending on the nature and motives of behavior, the personality of the violator of labor discipline, and the consequences of offenses.

For methods of coercion, some features are characteristic: they are applied only to employees who, being in an employment relationship, through their own fault, violate their labor duties; coercive measures must be established by law; the employer determines for which violation this or that measure of disciplinary action should be applied; disciplinary liability of employees for failure to perform or improper performance of labor duties arises before the organization as a party to the employment contract.

The method of coercion is carried out through disciplinary measures that the employer applies to the employee who has committed a disciplinary offense.

The internal labor schedule refers to the procedure established within the organization where the employee works.

The internal labor regulations include the procedure for the relationship between the employee and the employer, who, on behalf of the owner, manages labor in the organization, and the procedure for the relationship between employees in the labor process. Therefore, its most important elements are the basic rights and obligations of the employer and employees, the working hours of employees, the procedure their encouragement and bringing to disciplinary responsibility.

The internal labor regulations are aimed at establishing such a labor regime that ensures not only proper labor discipline, but also the appropriate organization of labor.

The internal labor regulations in the organization are determined by the internal labor regulations approved by the employer with the participation of trade unions on the basis of the Model internal labor regulations approved by the decision of the Ministry of Labor.

The presence of local rules of internal labor regulations for each organization is mandatory. The internal labor regulations of a separate organization are much broader than standard or industry rules and reflect the specifics in more detail. working conditions in this organization. They are local regulations and may include the following sections: general provisions; the procedure for hiring and dismissing employees; duties of employees; obligations of the employer; work time and its use; rewards for success at work; responsibility for violation of labor discipline.

The internal labor regulations establish a list of officials of the organization who have the right to impose disciplinary sanctions on subordinate employees (in accordance with the sectoral list of positions of these employees). the mode of operation of the organization is determined (the beginning and end of work shifts and the work of the organization as a whole, the time of breaks for meals and rest in structural divisions and their duration), additional measures are specified for the safety of trade secrets, labor protection and other circumstances related to the specifics of the work of the organization .

Each employee of the organization must be familiar with the internal labor regulations upon admission to work, and in the future - with the changes and additions made to them.

In certain sectors of the national economy, internal labor regulations are regulated by charters or regulations on discipline, approved by resolutions of the Council of Ministers, which are special departmental acts and apply to only certain categories of employees of state organizations, ensure a clear organization of labor and responsibility of employees for a precisely designated area of work. Such statutes or regulations are mainly in force in sectors of the national economy associated with special working conditions or the operation of transport, where strict observance of labor discipline is especially important due to the fact that violation of it can lead to extremely serious consequences (for example, in railway, water and pipeline transport , in civil aviation).

Most of the statutes or regulations on discipline do not apply to all employees, but only to those who perform the main work in this industry, as well as to employees of the central administrative apparatus. The range of these employees is established by the relevant charter. In organizations of those industries where charters on discipline are in force, internal labor regulations are also approved, but they apply to workers who are not subject to charters. Like the internal labor regulations, the statutes on discipline develop and supplement the current legislation, but cannot contradict it.

At the same time, the statutes on discipline have a number of differences from the internal labor regulations: they regulate a narrower range of issues; The disciplinary responsibility of employees under the statutes on discipline is more understood as a disciplinary offense and provides for more severe sanctions for improper performance of labor duties.

job descriptions, technical rules and instructions are also among the normative acts regulating the internal labor regulations, but only in the part that clarifies the rights and obligations of the employee in certain professions and specialties. These provisions and instructions are local regulations and are valid within a particular organization.

Labor discipline at, in institutions and organizations ensured by the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude to work, methods of persuasion, education, as well as encouragement for conscientious work. In relation to individual unscrupulous employees, measures of disciplinary and social influence are applied, if necessary.

as one of the principles labor law;
an independent institution of labor law (an objective property);
element employment relationship(subjective property);
actual behaviour.

Labor discipline as labor law principle is understood as a guiding principle that permeates all norms of labor law and is associated with the fulfillment of the obligation to observe labor discipline.

how institute of labor law labor discipline in an objective sense is a set of legal norms that regulate the internal labor regulations of the organization, establish the labor duties of employees and the employer, determine methods for ensuring labor discipline, incentives for success in work and responsibility for guilty failure to fulfill these duties.

Labor discipline as element of an employment relationship(its subjective property) is manifested in the establishment of the proper behavior of specific employees in general, collective labor, in the individualization (personification) of their labor duties in connection with the concluded labor contract (or entering into an employment relationship for other reasons).

Labor discipline is also manifested as actual behavior parties to the employment relationship, i.e. the level of compliance by all employees in the workplace with labor discipline. This level can be: high, when all participants labor process strictly observe labor discipline; medium, when employees observe labor discipline, but some of them allow certain deviations, violations; low if there are frequent mass violations.

Definition of labor discipline

The discipline of labor in each particular organization is determined by Sec. VIII Labor Code of the Russian Federation (Art. 189-195) and internallabor schedule. For certain categories of workers, violations of labor discipline in whose activities can lead to serious consequences, there are charters and regulations on discipline (all types of transport, fishing industry, communications, etc.), approved by the Government of the Russian Federation in accordance with federal laws.

The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

The labor schedule is determined by the internal labor regulations. Internal labor regulations of the organization- a local regulatory act of an organization that, in accordance with the Labor Code of the Russian Federation and other federal laws, regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other regulatory issues labor relations In the organisation.

Strengthening labor discipline

Labor discipline in organizations is ensured the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude towards, methods of persuasion, education and encouragement. In relation to individual unscrupulous employees, if necessary, disciplinary measures are applied.

The leading position is method of persuasion as the main way to strengthen labor discipline, since it is the principle of the employee's behavior in the labor process, the principle of consciousness and self-discipline.

parenting method used mainly as an auxiliary means of ensuring labor discipline. Its main purpose is to instill in the employee a sense of conscientious and honest attitude to work.

Methods of persuasion, education, as well as incentives for conscientious work can be both moral and material in nature and are applied by the administration jointly or in agreement with the trade union body of the enterprise.

Internal labor regulations of each given labor collective are approved by them on the proposal of the administration and the trade union body.

Strengthening conscious labor discipline, its organization, conscientious attitude to work has always been one of the most important tasks of our state.

A set of measures aimed at strengthening labor discipline is envisaged. These are, in particular, questions:

improvement of organizational and educational work aimed at eliminating the loss of working time in production;
formation of stable labor collectives;
ensuring a clear regulation of the rights and obligations of each employee;
the use of material and moral incentives for selfless work;
issues of applying penalties and influencing violators of labor discipline and increasing the responsibility of managers of enterprises and their departments for the state of labor discipline and staff turnover.

Enhancement of the role of labor collectives and effective use the rights granted to them.

Incentive measures

In Art. 191 of the Labor Code of the Russian Federation lists the following promotions:

gratitude announcement;
rewarding with a valuable gift;
awarding an honorary diploma;
submission to the title of the best in .

This list is exemplary; internal labor regulations, charters and discipline regulations may provide for other incentives. For special labor services to society and the state, employees can be nominated for state awards.

Disciplinary measures

Providing for incentive measures applied to employees who conscientiously perform their labor duties, labor legislation also establishes disciplinary measures for violators of labor discipline.

As a result of studying the materials of this chapter, the student should:

know

legislation on labor discipline;
concept, meaning, methods of ensuring labor discipline;
measures to encourage employees and the procedure for their application;
types of disciplinary sanctions, the procedure for their imposition, appeal and withdrawal;
responsibility of the parties to an employment relationship for non-compliance with labor discipline;

be able to

Clearly formulate and analyze the content of regulatory legal acts on issues of labor discipline;

own the ability

Apply the acquired knowledge in practical activities in resolving issues of labor discipline.

The concept and meaning of labor discipline. Methods for ensuring labor discipline

Labor discipline - necessary condition and the premise of any joint labor, organized work, which implies obligatory obedience for all employees to the rules of conduct established in labor legislation, in an employment contract.

The definition of the concept of "labor discipline" is enshrined in Art. 189 of the Labor Code of the Russian Federation. Labor discipline- mandatory for all employees to comply with the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other laws, collective agreements, agreements, labor contracts, local regulations of the organization.

Labor discipline and internal labor regulations cannot be considered in isolation from each other. Without ensuring the proper order of work, there is no labor discipline and the very process of collective labor is violated.

The discipline of labor has two sides - objective and subjective.

Under objective side a certain order is understood, without which an employer cannot exist. This procedure is regulated by the norms of labor law and is formed as a special specific part of the legal order, adapted to the conditions of production and operating within the given employer in the form of an internal labor schedule.

subjective side disciplines constitute the fulfillment of duties and the exercise of rights by each participant in an employment relationship. The commission of a disciplinary offense by an employee, the obligation of the violator of labor discipline to incur disciplinary punishment and the exercise of disciplinary authority by the employer also refers to the subjective side of labor discipline.

Consolidation of labor discipline as a legal category is determined by the need: firstly, to maintain law and order in labor relations, since discipline is needed by the employer and each individual employee in order to more successfully achieve production goals; secondly, the education of employees of self-discipline, the natural need for conscientious performance work responsibilities; thirdly, the creation of a normal moral and psychological atmosphere in the relationship between the employer and employees, based on deep respect for the employee, on maintaining his honor and dignity, and, finally, mobilizing employees to combat manifestations of mismanagement, bureaucracy, and the "costs" of the employer's economic power. The importance of labor discipline is exceptionally great for highly productive joint work, order in the sphere of production, provision of services, and management of the labor process.

In the Labor Code of the Russian Federation there is no special rule on methods of ensuring labor discipline.

Under method of ensuring labor discipline understood as stipulated by labor legislation ways to ensure it.

To improve the efficiency and quality of an employee's work, the employer can use the following methods to ensure labor discipline: belief, encouragement, disciplinary action.

Using persuasion method, the employer is trying to explain to the employee the need to observe labor and production discipline. Reward Method applies to employees who conscientiously treat their duties.

Guided by Art. 191 of the Labor Code of the Russian Federation, internal labor regulations and other local acts organization, the employer encourages employees.

Employees who violated labor or technological discipline may be subject to disciplinary action(Article 192 of the Labor Code of the Russian Federation).

It should be emphasized that the application of incentives and disciplinary sanctions are within the exclusive competence of the employer. Thus, the employer is independent in his actions to ensure labor discipline in the organization. The legitimacy of the establishment by the employer of the labor schedule and the exercise of mastery, including disciplinary power, follow from the definitions of the basic rights and obligations of employers and employees enshrined in the Labor Code of the Russian Federation. So, the authority of the employer is the right: to demand from employees the performance of their labor duties, compliance with the internal labor regulations of the organization; bring employees to disciplinary responsibility; adopt local regulations. Accordingly, the duty of employees is to observe labor discipline and internal labor regulations.

Labor discipline is obligatory obedience for all employees to 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. The discipline of labor in a particular organization implies strict observance by all employees of the internal labor regulations. 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 employees. The internal labor regulations are a local regulatory act of an organization that regulates, in accordance with labor legislation, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, the working hours, rest periods, 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 charters and regulations on discipline approved by the Government of the Russian Federation. As a rule, they apply to workers only in the main 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 employee discipline railway transport RF, Disciplinary Regulations for Militarized Mine Rescue Units for Maintenance of Mining Enterprises in the Metallurgical Industry, Regulations on the Discipline of Employees of Organizations with Particularly Hazardous Production in the Field of the Use of Atomic Energy, Regulations on the Discipline of Maritime Transport Workers, Regulations on the Discipline of Employees of the Fishing Fleet of the Russian Federation. To ensure labor discipline, labor legislation uses two methods (methods): the method of encouragement and the method of coercion.

Encouragement is the recognition of the labor merits of an employee, giving him public honor for achievements in work. Incentive measures can be both moral and material in nature, and can combine both of these elements. The Labor Code of the Russian Federation provides for the following types of incentives for conscientious work: declaration of gratitude; issuance of an award; rewarding with a valuable gift; awarding an honorary diploma; presentation to the title of the best in the profession. It should be noted that this list is not exhaustive. Other types of employee incentives for work may be determined by a collective agreement or the organization's internal labor regulations, as well as charters and discipline regulations. 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 if he violates labor discipline. These consequences are most often expressed in the application of coercive measures of influence (coercive measures) to the employee. The method of coercion as a way of ensuring labor discipline is a set of methods and means of influencing unscrupulous workers, expressed in the application of legal sanctions to them for failure to perform or improper performance of their labor duties. Measures of responsibility, as a rule, act as coercive measures applied in connection with violation of labor discipline. Depending on what exactly the violation of labor discipline was expressed in and what consequences resulted from this, the violator may be brought to disciplinary or material (property) liability. The question of liability arises only if the employee's (or employer's) misconduct caused material damage to the other party to 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 liability at the same time. Below we will focus only on disciplinary liability, and the liability of the employee will be discussed in the next chapter.