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Publication date: 10.05.2024
LABOR DISCIPLINE
Labor discipline is a system of rules that regulates the relationship between the participants of the labor process and ensures their accurate performance of their labor duties. It includes requirements for employees regarding honest and conscientious work, accurate execution of management orders, compliance with labor and technological discipline, as well as requirements of regulatory acts on labor protection, safety and industrial sanitation.
At enterprises, labor discipline is ensured by creating the necessary organizational and economic conditions for normal, highly productive work, a conscious attitude to work, methods of persuasion, as well as encouragement for conscientious work. In case of violation of labor discipline, various methods of disciplinary influence may be applied, including incentives and penalties.
RULES OF THE INTERNAL WORKING SCHEDULE
The rules of the internal labor procedure (PVTR) are a regulatory document that regulates the organization of work at the enterprise, establishes the working day and rest regime, defines the main obligations of employees and management, the procedure for using working time, methods of incentives for success in work and penalties for violations labor discipline.
The main sections of the PVTR:
The "General Provisions" of the Labor Code determine the basic principles of labor organization at the enterprise.
The "Procedure of Hiring and Dismissal" regulates the hiring and firing of employees.
"Basic duties of employees" include rules for observing working hours, performance of labor duties, compliance with occupational health and safety rules, etc."The main duties of the administration" provide for the provision of conditions for work, labor protection, and social development of employees.
The section "Working time and its use" establishes norms for the duration of the working day, breaks, and vacations.
"Incentives for success at work" provides a system of incentives to stimulate productivity and quality of work.
"Mechanisms of responsibility for violations of labor discipline" establish measures of disciplinary influence, such as warnings, fines, dismissal.
PTDR are developed on the basis of the Standard Rules of Internal Labor Procedures and must be coordinated with the current legislation of Ukraine. The rules must be fixed in writing and familiarized with the employees. They may also include provisions on the use of company telephones, cars, rules of corporate conduct, and more.
Analysis of documents and consultation of a lawyer is necessary to determine the extent of violated rights and to choose methods for their protection and restoration.
CHARGE FOR VIOLATION OF LABOR DISCIPLINE
Types of charges.
According to Article 147 of the Labor Code, the following sanctions may be applied for violation of labor discipline: reprimand or dismissal.
Terms of application.
Disciplinary sanctions must be applied no later than one month from the day the misconduct was discovered and no later than six months from the day it was committed.
Application procedure.
Before applying the penalty, the employer must demand written explanations from the employee. The recovery is announced in an order (order) and notified to the employee against a receipt.A lawyer's legal opinion will ensure the correctness of the chosen method of protection of violated rights.
Removal of charges.
The penalty can be removed for good work and behavior of the employee before the end of one year from the date of its application.
Appealing charges.
The procedure for appealing disciplinary sanctions is defined by Article 150 of the Code of Criminal Procedure. The employee has the right to appeal the penalty in accordance with the procedure established by law.
These are general principles, but for specific situations, you should contact the Labor and Employment Law Office or get advice from a lawyer who specializes in labor law.
Checking documents by a lawyer is necessary to find out which rights have been violated.
PROFESSIONAL LEGAL ASSISTANCE OF A LAWYER IN CASES OF VIOLATION OF LABOR DISCIPLINE
Professional legal assistance of a lawyer can be extremely important in cases involving the prosecution of an employee for violation of labor discipline. A lawyer can provide the following services:
Consultations - a lawyer can provide consultations on labor legislation, the rights and obligations of an employee, as well as the possible consequences of violating labor discipline.
Representation of interests - a lawyer can represent the employee's interests in all instances, including negotiations with the employer, commissions for labor disputes, judicial bodies.
Appealing penalties - If the employee believes that the penalty was applied unfairly, a lawyer can help appeal the decision.
Protection of rights - a lawyer can protect the rights and interests of an employee, proving the absence of a violation or the illegality of the penalty.
Documentation - a lawyer can assist in the preparation of all necessary documents, including written explanations, complaints, statements, etc.
It is important to note that the procedural legislation provides a mechanism for reducing the amount of expenses for professional legal assistance of a lawyer by submitting a corresponding petition. Also, in the event of a legal dispute, a lawyer can help in proving and reimbursing the costs of legal assistance.
If you are faced with a situation where you need legal assistance in cases of prosecution for violation of labor discipline, we recommend that you contact a qualified attorney who specializes in labor law.
Legal service "Consultant" provides the service "lawyer's help online".
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will ensure the representation of interests in state authorities or the court, will take part in a court hearing in any city of Ukraine. Legal protection in court is a guarantee of quality protection of your rights and interests.
