Disciplinary offense and types of disciplinary liability

Labor discipline and responsibility for its violation is important in every institution.

To disciplinary responsibility, people who have committed a disciplinary offense are involved. Let's consider this issue in more detail.

Disciplinary misconduct is the improper performance or at all of the failure to fulfill the employee's obligations. What is characteristic for him?

Disciplinary offense is characterized by the following mandatory elements:

• guilt;
• Non-fulfillment of labor obligations (improper performance);
• Wrongfulness;
• The existence of a link between the illegal actions of employees and the consequences.

The act or omission of an employee is considered unlawful if the specific labor obligation provided for in the relevant legal act is violated.

The guilt of employees of unlawful acts can be expressed both in the form of intent, and simply by imprudence. If the improper performance or non-fulfillment of the employee's labor obligations was not due to his fault, then to consider this behavior as a disciplinary offense does not make sense. This rule is applicable in any such case.

Disciplinary offense is not such if the employee has performed unlawful acts that are not related to labor duties.

Non-fulfillment of labor obligations is expressed in the employee's non-fulfillment of the labor obligations, which are determined by the contract or labor law.

If at least one element is missing, then this is not considered a disciplinary offense, that is, the employee should not be held accountable.

Such disciplinary responsibility is relevant when the employee is subject to disciplinary sanctions for committed misconduct. This rule must also be strictly observed. Disciplinary responsibility can be of two types: general and special.

General applies on the basis of the rules provided for in the employment contract. This type of liability applies to all employees, excluding only those who bear special responsibility.

In the TC there are three types of rules of internal labor regulations: standard, local and sectoral. Employers and, accordingly, employees must strictly observe them, otherwise it will be a disciplinary offense.

Special responsibility is accepted on the basis of normative acts, such as the charter and regulations on discipline. It applies only to a particular category of people.

The purpose of the special responsibility, unlike the general one, is that higher penalties are imposed on violators.

The employer has the right to apply one of the disciplinary sanctions in the event that a disciplinary offense has been committed. Disciplinary sanctions include: dismissal, fine, reprimand and observation. For civil servants, state employees and servicemen, other penalties for disciplinary action are applied.