Disciplinary responsibility and types of penalties

The disciplinary responsibility of the workers is a legal category and can be imposed for improper performance of work duties and behavior at the workplace.
Disciplinary action is takenemployees who committed unlawful misconduct, expressed in improper execution or guilty unlawful default of employment.
Usually disciplinary liability arisesin violation of labor law, as well as the rules of the labor regulations, regulations on discipline, technical regulations, job descriptions. Such violations include evasion or refusal of medical examination without valid reasons for employees of certain professions, refusal to undergo training in upgrading skills, passing a safety exam, truancy, being in a drunken state, etc.
Do not be considered an act of misconduct that does not relate to work obligations. For example, refusal or non-performance of public work, violation of the rules of the hostel.
Disciplinary responsibility arises onlywhen committing wrongdoing offenses that violate the law. If the worker's actions do not go beyond these limits, they can not be considered illegal. So you can not punish a woman who has a child under the age of 3, who refused to work overtime. Because it can be attracted to this work only with her consent. Refusal to comply with management orders that violate the law is also not considered an unlawful misconduct.

In each case, the actions of the employee (or inaction) must be guilty (intent or negligence). For example, failure to work due to equipment failure.
The present labor legislation provides for disciplinary liability, which is of two main types: general and special.
The first type includes violations of labordiscipline, including internal regulations. It applies to all employees, except those categories for which a special type of liability applies.
So disciplinary sanctions on the labor codeare imposed as follows. First a remark is made, then a reprimand is announced, only the third type is dismissal on the grounds provided for by articles of the LC RF. Previously, there was such a type of recovery, as a severe reprimand.
The second type includes a specialdisciplinary responsibility. This measure is provided for the punishment of a narrow circle of persons. Such categories include judges, investigators, prosecutors, civil servants, employees of certain industries falling under the discipline clause. To these workers, except for penalties of a general type, others can also be used.
Special responsibility has the followingsigns that distinguish it from the general: a special circle of persons suitable for its action, collection measures, bodies that have the right to impose penalties, the procedure for appealing and applying.
There is also a special responsibility,which is spelled out in the charters and regulations on discipline. Its measures apply to workers of the central apparatus, and workers of special branches of the national economy. The regulations (statutes) specify the circle of these workers with the indication of officials who have been granted the right to apply punishment.
Imposing disciplinary punishment, take into accountthe severity of the misconduct, the circumstances of its occurrence, the previous behavior and the work of the employee. What measure to apply specifically, the employer chooses is his right. The list of disciplinary penalties applied to violators is complete and the law does not allow the use of other penalties.