Attention In terms of their significance and place in the regulation of labor relations, they are comparable with the collective agreement. All other local regulations can serve as annexes to these two acts, which form the basis of the local legal regulation. 3. Art. 65 of the Labor Code of the Russian Federation and commentary to it). 4. Internal rules work schedule- it's local normative act, regulating the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours and rest periods, incentives and penalties for personnel, as well as other issues of regulating labor relations in a particular company. The employer is obliged to create the conditions necessary for compliance by employees labor discipline.Another commentary on Art.
Labor Code of the Russian Federation article 189 - article 190
Federal Law of 30.06.2006 N 90-FZ) The internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. (as amended by Federal Law No. 90-FZ of 30.06.2006) The internal labor regulations, as a rule, are an annex to the collective agreement. (as amended by Federal Law No. 90-FZ of June 30, 2006) Chapter 30.
DISCIPLINE OF LABOR Article 191. Incentives for work The employer encourages employees who conscientiously fulfill their labor duties (declares gratitude, issues a bonus, rewards with a valuable gift, diploma, represents the title of the best in the profession).
Article 189 of the Labor Code of the Russian Federation. discipline and work schedule
Attention
New edition Art. 189 of the Labor Code of the Russian Federation Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract. The employer is obliged in accordance with labor law and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, labor contract to create the conditions necessary for employees to comply with labor discipline. The labor schedule is determined by the internal labor regulations.
Article 189. Labor discipline and work schedule
N 2220 extended the Charter on the discipline of employees of organizations with especially dangerous production in the field of use atomic energy for a number of employees of educational institutions, whose work is connected with the use of atomic energy sources. Strictly speaking, the application of the normative acts listed above - charters and regulations on the discipline of workers in a number of sectors of the economy - at present (starting from October 6, 2006) does not comply with the requirements of the Labor Code, since these acts are not established by federal law, as required by part 5 tbsp. 189 of the Labor Code, but by decrees of the Government of the Russian Federation and a decree of the President of the Russian Federation.
Labor Code of the Russian Federation
If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up. (as amended by Federal Law No. 90-FZ of 30.06.2006) A disciplinary sanction may be appealed by an employee to state inspection labor and (or) bodies for the consideration of individual labor disputes. (As amended by Federal Law No. 90-FZ of June 30, 2006) Article 194.
Withdrawal disciplinary action If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction. The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees. Article 195
A specific feature of an employment contract that distinguishes it from civil law contracts(contracts, assignments, paid provision services, etc.), is the subordination of the employee to the internal labor schedule established in the organization (observance of the working hours, technological discipline, timely execution of orders and orders of the employer, etc.). in number essential conditions that make up the content of the employment contract, the rights and obligations of the employee, the mode of work and rest, if it differs from general rules established in the organization (see article 57 and comments to it). 4. Part 2 of Article 189 of the Labor Code of the Russian Federation states that labor discipline is ensured by the creation of the necessary organizational and economic conditions for normal high performance operation.
Comments to Article 190 of the Labor Code of the Russian Federation
federal law dated 06/30/2006 N 90-FZ) When imposing a disciplinary sanction, the severity of the misconduct committed and the circumstances under which it was committed must be taken into account. (Part five was introduced by Federal Law No. 90-FZ of 30.06.2006) Article 193. The procedure for applying disciplinary sanctions Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.
(Part one as amended by Federal Law No. 90-FZ of 30.06.2006) The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. (in ed.
Other types of employee incentives for work are determined by a collective agreement or internal labor regulations, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards. (As amended by Federal Law No. 90-FZ of June 30, 2006) Article 192.
Disciplinary sanctions For the commission of a disciplinary offense, that is, non-fulfillment or improper fulfillment by the employee through his fault of the tasks assigned to him job duties, the employer has the right to apply the following disciplinary sanctions: 1) remark; 2) reprimand; 3) dismissal on appropriate grounds. Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) may also provide for other disciplinary sanctions for certain categories of employees. (in ed.
Info
Article 190 of the Labor Code of the Russian Federation. The procedure for approving the internal labor regulations According to part 1 of the commented article, the internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees. Accounting for the opinion of the representative body of employees is carried out in the manner prescribed by Art. 372 of the Labor Code for the adoption of local regulations (see comments to it). Thus, the internal labor regulations, as provided for in Art.
4 tbsp. 189 of the Labor Code of the Russian Federation, are a local normative act. As a local normative act, the internal labor regulations should be a separate document. However, in accordance with part 2 of the commented article, as a rule, it is an annex to the collective agreement.
Labor Code article 189 190 what year of publication
So, the employer is obliged to provide work stipulated by the employment contract; ensure labor safety and conditions that meet the requirements of labor protection and hygiene; provide workers with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; pay on time wages; take care of the everyday needs of employees related to the performance of their labor duties. With a clear fulfillment by the employer of his duties in organizing the work and life of employees (Article 22 of the Labor Code), there are no grounds for violations of labor discipline in the organization. 5. The internal labor regulations establish: the procedure for hiring and dismissing employees, the obligations of the employee and the employer, the working hours of the organization, incentives for work and liability for violations of labor discipline.
New edition Art. 189 Labor Code of the Russian Federation
Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract.
The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, 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 - a local normative act regulating, in accordance with this Code and other federal laws, 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, and as well as other issues of regulation of labor relations in this employer.
Commentary on Article 189 of the Labor Code of the Russian Federation
Article 189 of the Labor Code of the Russian Federation defines labor discipline and internal labor regulations. According to this article, discipline is obligatory obedience for all employees to the rules of conduct defined in accordance with the labor legislation of our country. The internal labor regulations are a local regulatory act that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours and rest periods, incentives and penalties for personnel, as well as other issues of regulating labor relations in a particular company. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.
Another commentary on Art. 189 of the Labor Code of the Russian Federation
1. The concept of labor discipline, formulated in the commented article, as a whole reflects the essence of the employee's obligation to comply with certain rules of conduct in the labor process. The content of labor discipline is the subordination of the employee to the provisions of labor legislation, the terms of the employment contract and the orders of the employer based on them. In the most general form, the duties of an employee are defined in the provisions of Part 2 of Art. 21 of the Labor Code of the Russian Federation (see commentary). The very essence of labor relations determines the obligation of the employee to fulfill the orders of the employer as the owner of the means of production.
2. Labor discipline includes the mutual rights and obligations of the employer and employee. The employer is obliged to create appropriate conditions for the observance of labor discipline: the organization must have a system of local regulations containing instructions on the rules of behavior for employees in the labor process. This system of acts includes job descriptions, qualification characteristics employees, shift schedules, vacation schedule, etc. The most important of the local regulations in terms of focusing on ensuring labor discipline are the internal labor regulations. In terms of their significance and place in the regulation of labor relations, they are comparable with the collective agreement. All other local regulations can serve as annexes to these two acts, which form the basis of local legal regulation.
3. The internal labor regulations should include rules on the procedure for hiring, indicating which of officials the employer has the right to approve and sign the employment contract, which documents, depending on the position or work performed, must be submitted when applying for a job (see article 65 of the Labor Code of the Russian Federation and commentary thereto).
4. The internal labor regulations should fix the procedure for dismissal of employees, which determines the procedure for filing an application for dismissal at the initiative of the employee, the procedure for signing a bypass sheet (if any), material assets in the use of the employee, etc. Particularly detailed in the rules of internal labor regulations should regulate the application of incentives and disciplinary measures to employees (see Art. 191, to them).
5. Fixing the rights and obligations of the employer and employee in the internal labor regulations is based on the provisions of Art. Art. 21 and 22 of the Labor Code of the Russian Federation (see comment), and no more detailed specification is carried out.
6. The internal labor regulations must contain norms on the mode of operation of the organization: the beginning of work and its completion; break times at work. In multi-shift work, it is advisable to draw up shift schedules as independent acts or attach them to the internal labor regulations (see article 103 of the Labor Code of the Russian Federation and commentary thereto).
7. Maintaining and strengthening labor discipline is facilitated by the extremely clear consolidation of the provisions on rest time. Local norms on the duration of the main and additional holidays for groups of workers, it is advisable to fix in the collective agreement, and on the beginning and duration of breaks during the working day - in the internal labor regulations.
8. Recently, in addition to the internal labor regulations, such local regulations as the rules of conduct for employees of a particular organization have become widespread, where corporate rules are fixed, which are more of an ethical nature than a legal one. These include rules regarding appearance workers, their clothes, the order of communication of workers among themselves and with visitors (clients, patients, etc.). In this case, in the internal labor regulations, blanket norms are formulated that refer to the named local acts.
9. In organizations of certain sectors of the economy, along with the internal labor regulations, charters and regulations on the discipline of employees are in force. The presence of these acts is due to the special complexity of the work of workers in these industries and the increased requirements for their observance of labor discipline. For example, non-compliance by employees with railway or maritime transport labor discipline under certain circumstances can cause serious man-made accidents. Therefore, along with the disciplinary measures established by the Labor Code, some additional measures may be applied to employees of these industries, provided for by charters and regulations on discipline (see Article 192 of the Labor Code of the Russian Federation and commentary thereto). But at the same time, the charters and regulations on the discipline of workers in individual industries provide for additional types incentives that can be applied for conscientious performance of labor duties (see article 191 of the Labor Code of the Russian Federation and commentary thereto).
10. The following disciplinary statutes, statutes and discipline regulations are currently in force:
Regulations on the discipline of railway workers Russian Federation, approved by Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608). In accordance with Decree of the Government of the Russian Federation of October 11, 1993 N 1032 (SAPP RF. 1993. N 42. Art. 4008), this Regulation is extended to regulate the labor of metro workers;
Disciplinary charter of militarized mine rescue units in transport construction, approved by Decree of the Government of the Russian Federation of July 30, 1994 N 879 (СЗ RF. 1994. N 17. St. 1979);
Disciplinary charter of militarized mine rescue units for maintenance mining enterprises metallurgical industry, approved by Decree of the Government of the Russian Federation of January 16, 1995 N 47 (СЗ RF. 1995. N 4. Art. 310);
Disciplinary Charter of the Customs Service of the Russian Federation, approved by Decree of the President of the Russian Federation of November 16, 1998 N 1396 (СЗ RF. N 47. 1998. Art. 5742);
Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy, approved by Decree of the Government of the Russian Federation of July 10, 1998 N 744 (SZ RF. 1998. N 29. Art. 3557);
Charter on the discipline of maritime transport workers, approved by Decree of the Government of the Russian Federation of May 23, 2000 N 395 (СЗ RF. 2000. N 22. Art. 2311);
Charter on the discipline of workers of the fishing fleet of the Russian Federation, approved by Decree of the Government of the Russian Federation of September 21, 2000 N 708 (SZ RF. 2000. N 40. Art. 3965);
Charter on the discipline of the crews of supply ships Navy, approved by Decree of the Government of the Russian Federation of September 22, 2000 N 715 (SZ RF. 2000. N 40. Art. 3966).
11. The statutes and regulations on discipline may not apply to all workers in the industry, but only to those whose actions may cause increased harm. Thus, the Ministry of Transport of the Russian Federation, by Order of August 25, 2000 N 89, approved the List of employees who are subject to the Charter on the discipline of maritime transport workers, including workers in key positions. On the other hand, the operation of discipline statutes may be intersectoral in nature, i.e. apply to workers employed in the same jobs, but in different industries. Ministry of General and vocational education of the Russian Federation, by Order of August 25, 1998 N 2220, the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy was extended to a number of employees of educational institutions whose work is related to the use of atomic energy sources.
Chapter 29. GENERAL PROVISIONS
Article 189. Labor discipline and work schedule
Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, to create the conditions necessary for employees to comply with labor discipline. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
The labor schedule is determined by the internal labor regulations. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
Internal labor regulations - a local normative act regulating, in accordance with this Code and other federal laws, 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, and as well as other issues of regulation of labor relations with this employer. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
Article 190
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
The internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
The internal labor regulations, as a rule, are an annex to the collective agreement. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
Chapter 30. DISCIPLINE OF LABOR
Article 191. Incentives for work
The employer encourages employees who conscientiously fulfill their labor duties (announces gratitude, gives out a bonus, rewards with a valuable gift, a certificate of honor, presents them to the title of the best in the profession).
Other types of employee incentives for work are determined by a collective agreement or internal labor regulations, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
Article 192. Disciplinary penalties
For the commission of a disciplinary offense, that is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
1) remark;
2) reprimand;
3) dismissal on appropriate grounds.
Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) may also provide for other disciplinary sanctions for certain categories of employees. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article 81 of this of the Code in cases where guilty actions that give grounds for loss of confidence, or, accordingly, an immoral offense are committed by an employee at the place of work and in connection with the performance of his labor duties. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 13-FZ of 28.02.2008, No. 231-FZ of 03.12.2012)
It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline. (Part four was introduced by Federal Law No. 90-FZ of June 30, 2006)
When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account. (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)
Article 193. The procedure for applying disciplinary sanctions
Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up. (part one as amended by Federal Law No. 90-FZ of 30.06.2006)
The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.
A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.
For each disciplinary offense, only one disciplinary sanction may be applied.
The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes. (As amended by Federal Law No. 90-FZ dated June 30, 2006)
Article 194. Removal of a disciplinary sanction
If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.
The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.
Article 195
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.
In the event that the fact of a violation is confirmed, the employer is obliged to apply a disciplinary sanction up to and including dismissal to the head of the organization, the head of the structural unit of the organization, their deputies.
Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract.
The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, 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 - a local normative act regulating, in accordance with this Code and other federal laws, 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, and as well as other issues of regulation of labor relations with this employer.
Commentary on Art. 189 Labor Code of the Russian Federation
1. This article, defining the concept of labor discipline, also establishes in a general form the rules that ensure its observance, which are reflected in the fundamental rights and obligations of the parties to the employment contract (see commentary to articles 21, 22, 56,).
3. When developing internal labor regulations, it is possible to recommend to employers as a model the previously valid Model internal labor regulations for workers and employees of enterprises, institutions and organizations, approved by the Decree of the USSR State Labor Committee in agreement with the All-Union Central Council of Trade Unions of July 20, 1984 N 213 (BNA of the USSR 1985. No. 1).
4. In some sectors of the economy (in transport, in organizations with especially hazardous industries, etc.), for certain categories of workers, charters and regulations on discipline are centrally approved (see the commentary to Articles 192, 330 of the Labor Code of the Russian Federation).
Second commentary on Article 189 of the Labor Code
1. The discipline of labor is the subject of study of various sciences: psychology, sociology, economics, and a number of others. Based on the content of this article, it is necessary to consider labor discipline as a legal (legal) category. As such, the category of "labor discipline" appears in four aspects: 1) as one of the basic principles of labor law; 2) as an element employment relationship; 3) as an institution of the special part of labor law; 4) as the actual behavior of participants in the labor process.
2. Labor discipline is interconnected with industrial and technological discipline. Production discipline means order in production. It embraces labor discipline and even goes beyond it. In addition to labor discipline, production discipline includes ensuring the smooth and rhythmic work of the organization, providing workers with raw materials, tools, materials, work without downtime, etc. The employer is responsible for the production discipline. As for workers, they are only responsible for violation of labor discipline.
In addition to production, labor discipline is also associated with technological discipline. It lies in the observance of technological rules in production. If an employee violates technological discipline, this is a production omission and gives grounds to the employer, along with bringing the perpetrator to disciplinary responsibility for the complete or partial deprivation of his bonus.
3. Organizations must create safe working conditions and proper labor protection. Responsibilities for ensuring safe conditions and labor protection are assigned to the employer (Article 212 of the Code). He is also obliged to provide employees with work stipulated by an employment contract that meets the requirements of labor protection and occupational health, as well as create the conditions necessary for employees to comply with labor discipline.
The employer must stimulate labor, encourage employees for conscientious work, success in work. In relation to individual unscrupulous employees, coercion should be used. It should be expressed in the application of disciplinary measures to violators of labor discipline.
4. Employees must be conscious of their duties. I must say that most of them understand the need to observe labor discipline.
5. Labor Code provides for all employees obligatory obedience to the rules of conduct provided, in addition to the Code, by laws, collective agreements, agreements, labor contracts, local regulations of organizations.
An employee who is in an employment relationship is first of all obliged to conscientiously fulfill his labor duties; comply with the internal labor regulations of the organization, labor discipline, comply with established labor standards; comply with the requirements for labor protection and ensuring its safety, take care of the property of the employer and other employees (see Article 21 of the Code).
6. In our country, the labor schedule in organizations is determined by the internal labor regulations.
The commented article states that the internal labor regulations are a local normative act of the organization. They regulate the procedure for hiring and firing employees, the rights and obligations of the parties to an employment contract, the working hours and rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations with a given employer. The internal labor regulations are intended to ensure rational use each employee working time, increasing productivity.
Typically, internal labor regulations contain the following sections:
1) general provisions(about the operation of the rules);
2) the procedure for hiring and dismissing employees;
3) work time(working hours) and rest time;
4) the main duties of employees;
5) the main obligations of the employer;
6) rewards for success in work;
7) responsibility for violation of labor discipline. The rules apply to all employees.
7. In certain sectors of the economy, for certain categories of workers, there are charters and regulations on discipline, which are adopted by decree of the President of the Russian Federation or approved by the Government of the Russian Federation in accordance with federal laws. You should be aware that, as a rule, regulations and statutes on discipline do not apply to all employees, but apply only to certain categories provided for in these acts. For those employees who are not subject to the statutes or regulations on discipline, the internal labor regulations apply in full.
8. Regulations and statutes on discipline are obligatory for those workers who fall under their action. Employers themselves do not have the right to make additions and changes to them.
One of distinctive features these acts - the presence in them of stricter penalties than for other employees.
Labor discipline and work schedule
1. Labor discipline - necessary condition(element) of any collective labor regardless of the organizational and legal form of organization and socio-economic relations that have developed in society. Without observing the established rules of conduct, labor discipline, it is impossible to achieve the goal for which a joint labor process is organized.
In accordance with part 1 of the commented article, labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements, local regulations, an employment contract.
In the most general form, the rules of conduct for employees (their basic rights and obligations) are defined in Art. 21 TC (see comments to it). In each specific organization, these rules are specified in the collective agreement, agreement, local regulations, labor contract.
2. To ensure labor discipline, it is necessary to create appropriate organizational and economic conditions for normal production activities. The creation of such conditions, Part 2 of the commented article imposes on the employer. The duty of the employer formulated in it in a general form to create the conditions necessary for employees to observe labor discipline is specified in other articles of the Labor Code and federal laws, in other regulatory legal acts containing labor law norms, a collective agreement, agreement, local regulations, labor contract. So, in accordance with Part 2 of Art. 22 of the Labor Code, the employer is obliged: to provide employees with work stipulated by the employment contract; provide them with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; ensure safety, security and health at work; pay employees wages in full and on time; provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement; provide for the everyday needs of employees related to the performance of their labor duties, etc. (see comments to it).
3. The obligation of the employee and the employer to observe labor discipline means, first of all, the obligation to comply with the labor schedule established by the employer. The labor schedule is determined by the internal labor regulations.
In accordance with part 4 of the commented article, the internal labor regulations are a local normative act. As a local normative act, the internal labor regulations must be adopted in accordance with the rules established by Art. 8 of the Labor Code (see comments to it and to article 190).
The content of the internal labor regulations for each employer is determined in relation to the specific conditions and specifics of his work. However, it must comply with the Labor Code and other federal laws. Thus, the rights and obligations of employees and the employer should be determined in the internal labor regulations, taking into account the provisions of Art. Art. 21 and 22 TC; the procedure for hiring - in accordance with the requirements of Art. 68 of the Labor Code of the Russian Federation. The procedure for dismissal of employees must comply with the rules established by Art. Art. 77 - 84, 179 - 181 and other articles of the Labor Code of the Russian Federation.
The legislator does not limit the content of the internal labor regulations to the provisions expressly specified in Part 4 of Art. 189 of the Labor Code of the Russian Federation. They may include other issues that require settlement with the employer. In each case, their nature is determined by the employer.
4. Along with the rules of internal labor regulations in some sectors of the economy (railway, sea, river transport; communications, etc.), charters and regulations on discipline are in force for certain categories of workers. In accordance with part 5 of the commented article, the charters and regulations on discipline are established by federal laws. Currently, before the adoption of the relevant laws, the statutes and regulations on discipline approved by the Government of the Russian Federation are in force. They provide increased requirements to certain categories of workers in certain industries. The need to impose higher requirements on them is due to the fact that violation of the rules established by them can lead to serious consequences.
For example, the Regulations on the discipline of railway workers of the Russian Federation, approved. Decree of the Government of the Russian Federation of August 25, 1992 N 621, established that in order to ensure the safety of train traffic and shunting work, the safety of transported goods, baggage and other entrusted property, as well as in order to avoid situations that threaten the life and health of passengers, employees of enterprises, institutions and organizations of railway transport are required to be highly organized in work and impeccable performance of labor duties. Violation of discipline in railway transport poses a threat to the life and health of people, the safety of train traffic and shunting operations, the safety of transported goods, luggage and other entrusted property, and also leads to non-fulfillment of contractual obligations.
The named Regulation applies to all employees of railway transport organizations, regardless of their organizational and legal form and form of ownership, with the exception of employees expressly specified in the Regulation. In particular, it does not apply to workers in housing and communal services and consumer services, workers' supply systems, Catering in railway transport (except for employees of dining cars), medical and sanitary, educational institutions, etc. By Decree of the Government of the Russian Federation of 10/11/1993 N 1032, this Regulation, with the exception of certain points, is extended to metro workers.
According to the Charter on the discipline of maritime transport workers, approved. By Decree of the Government of the Russian Federation of May 23, 2000 N 395, a maritime transport employee is obliged to contribute to ensuring the safety of navigation of ships, protection and preservation environment, maintaining order on ships, preventing damage to ships, people and goods on them, as well as ensuring the safety and security technical means, equipment and other property of maritime transport.
Charter on the discipline of employees of organizations operating especially radiation and nuclear hazardous industries and facilities in the field of atomic energy use, approved. Federal Law No. 35-FZ of 08.03.2011, in order to ensure the safety of these industries and facilities, establishes increased labor discipline requirements for certain categories of employees of such organizations. In particular, the Charter establishes the obligation of employees to immediately arrive at work on the call of the employer or a person authorized by him in order to prevent the development of an accident or eliminate its consequences, not to arbitrarily leave their workplace(workers on duty shift - do not leave without permission nuclear plant, radiation source or storage facility for nuclear materials and radioactive substances, storage of radioactive waste).
The list of named operating organizations was approved by Decree of the Government of the Russian Federation of July 20, 2011 N 597. Lists of positions (professions) of employees of operating organizations, incl. employees who directly ensure the safety of especially radiation and nuclear hazardous industries and facilities in the field of atomic energy use are approved by the relevant authorities for the management of the use of atomic energy and are subject to registration and publication in the manner established for state registration and publication of normative legal acts of federal executive bodies.
Regulations and statutes on discipline are obligatory for all workers who fall under their actions. Organizations are not entitled to make any changes or additions to the regulations and charters on discipline. Some specifics regarding the work schedule of employees subject to regulations and statutes on discipline may be provided for in the internal labor regulations. However, they should not contradict the regulations and charters on discipline, as well as worsen the position of employees in comparison with laws, other regulatory legal acts containing labor law norms, a collective agreement, an agreement.
With the rules of the internal labor regulations, all employees who have come to work for this employer (Article 68 of the Labor Code of the Russian Federation) must be familiarized against signature, and with the provisions and charters on discipline - the employees to whom they apply. At the same time, the employer is obliged to familiarize the employee with the internal labor regulations even before the parties sign the employment contract, i.e. even before joining labor relation. This allows the employee to have an idea in advance of what rights and obligations he will have by concluding employment contract, what is the mode of operation of this employer, what incentive measures are applied by the employer to employees, and so on.
