Publication date: 14.05.2024
active and purposeful military lawyer with more than 4 years of experience
Director's responsibility under labor law
As you know, any employer is endowed with powerful powers. Such powers consist in the fact that employees, after concluding employment contracts with them, are under the control of the employer - and in case of non-fulfillment or improper fulfillment by the employee without valid reasons of his labor duties, defined by the law, labor regulations, collective agreement and labor contract, the employer has the right to bring such an employee to disciplinary or financial responsibility on his own, without recourse to any state authorities.
Peculiarities of the director's disciplinary responsibility
Disciplinary liability of an employee is a type of legal responsibility that an employee bears for violating labor discipline, in the form of the imposition of disciplinary sanctions by the employer on him, provided for by labor legislation.
The types of disciplinary sanctions that can be applied to the general circle of employees, in particular to the director as an employee, are set out in Article 147 of the Labor Code of Ukraine (hereinafter - the Labor Code).
Legislation, statutes and regulations on discipline may provide for other disciplinary sanctions for certain categories of employees.
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For example, in accordance with Part 1 of Article 66 of the Law of Ukraine dated December 10, 2015 No. 889-VIII "On Civil Service", one of the following types of disciplinary action is applied to civil servants:
1) remarks;
2) reprimand;
3) warning about incomplete official compliance;
4) dismissal from a civil service position.In certain sectors of the economy, certain categories of employees engaged in special jobs that require increased requirements for compliance with labor discipline may be subject to disciplinary sanctions established by special statutes and regulations on discipline, for example:
• Statute on the discipline of employees of special (paramilitary) emergency and rescue services, approved by Resolution No. 1540 of the Cabinet of Ministers of Ukraine dated October 12, 2000;
• Regulations on the discipline of railway transport workers, approved by Resolution No. 55 of the Cabinet of Ministers of Ukraine dated January 26, 1993;
• Regulations on the discipline of employees of mining enterprises, approved by Resolution No. 294 of the Cabinet of Ministers of Ukraine dated March 13, 2002.
The terms, types, procedure for imposing disciplinary sanctions and their removal for the director are the same as for the general circle of employees.
The director may be dismissed in order to impose a disciplinary penalty on the grounds applicable to the general circle of employees. However, among the reasons for dismissal of employees, which are applied in the order of imposing disciplinary sanctions, there are those that can be applied only to managers of enterprises.
• one-time gross violation of labor duties (clause 1 of article 41 of the Labor Code);
• culpable actions, as a result of which wages at the enterprise were paid late or in amounts lower than the amount of the minimum wage established by law (clauses 1-1 of article 41 of the Labor Code).
Pay attention!
According to Article 147-1 of the Labor Code, managers who have been elected to positions can be dismissed only by decision of the body that elected them, and only on the grounds provided for by law.
Peculiarities of the director's financial responsibility
Material liability of an employee is a type of legal liability, which consists in the employee's obligation to compensate in the manner and amounts established by labor legislation for damage caused to the employer as a result of non-performance or improper performance without valid reasons of his work duties.
Pursuant to Article 136 of the Labor Code, compensation for damage by managers whose fault has caused damage to the enterprise in an amount not exceeding the average monthly salary is carried out by order of the higher authority in the order of subordination by deduction from the salary of the enterprise manager.The order of the higher subordinate body must be made no later than 2 weeks from the day of discovery of the damage caused and sent for execution no earlier than 7 days from the day of notification of this to the head of the enterprise, due to whose fault the damage was caused.
If such a manager does not agree with the deduction or its amount, the labor dispute at his request is considered in accordance with the law.
In the rest of the cases, compensation for damage is carried out in court at the request of a higher body in order of subordination. Such a lawsuit, in accordance with Article 233 of the Code of Criminal Procedure, can be filed within 1 year from the date of discovery of the damage caused.
