Publication date: 05.06.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
Labor discipline
Labor discipline in Ukraine is defined as a system of internal rules and norms that regulate the behavior of employees at the workplace and the relationship between them and the employer. The main aspects of labor discipline include compliance with working hours, performance of labor duties, safety and health at work, compliance with internal labor regulations and other established rules.
The norms of labor discipline in Ukraine are regulated by the Code of Labor Laws of Ukraine, other normative acts and collective agreements.
Violation of labor discipline
Violation of labor discipline may result in a variety of disciplinary sanctions, from a written warning to dismissal, depending on the severity of the violation.
The main provisions regarding the application of disciplinary sanctions include the following:
Grounds for the application of fines:
The employer may apply disciplinary sanctions in cases of violation by the employee of labor duties, rules of internal labor regulations, failure to perform work tasks assigned to him, violation of labor discipline, as well as on other grounds determined by agreements and legislation.
Usually, before applying more severe sanctions, the employee is given a warning, which indicates the violation and the possible consequences in case of repetition. Other disciplinary actions include reprimand and dismissal. According to the established requirements for the application of disciplinary sanctions in Ukraine, the procedure is described as follows:
Written explanations:
The employer has the right to demand written explanations from the employee who violated labor discipline regarding the circumstances of the offense committed. This allows the employee to understand the situation and find out the circumstances of the violation.
One penalty for one violation:
Only one disciplinary sanction may be applied for each specific violation of labor discipline. This ensures transparency and consistency in determining consequences for violations.
Foreclosure announcement:
The decision to apply a disciplinary sanction is made in an order or order of the employer and is notified to the employee against a receipt. This ensures legality and clarity in the process of notifying employees of their legal status.
Therefore, compliance with these procedures allows for fair and legal application of disciplinary sanctions in organizations in Ukraine.
Article 150 of the Labor Code of Ukraine refers to the employee's right to appeal against disciplinary sanctions. The appeal is carried out in accordance with the procedure established by law, which usually includes the following stages:
Appealing disciplinary action:
The procedure begins with the employee submitting an appeal against disciplinary action. It can be a written appeal to the higher administration or to the relevant body that has the competence to consider such cases.Consideration of the complaint:
After receiving a complaint, the employer or the relevant body is obliged to consider the employee's arguments and the circumstances of the case. This may include conducting additional hearings, gathering evidence, or subpoenaing the employee for information.
Making a decision:
Based on the examination of the complaint, the employer or the relevant body makes a decision on the complaint. The decision may be made in writing and announced to the employee.
Possibility of appeal:
In case of dissatisfaction with the decision, the employee may have the right to further appeal, in particular, to a court or other competent authority, in accordance with the current legislation.
The removal of the disciplinary sanction takes place in accordance with the requirements of the labor legislation of Ukraine. If an employee has not been subject to a new disciplinary penalty within one year from the date of imposition of a disciplinary penalty, he is considered to have had no disciplinary penalty. This means that after the end of this period, the penalty is automatically removed. If the employee has not committed a new violation of labor discipline and has shown himself to be a conscientious employee, then the disciplinary sanction may be removed before the end of one year from the moment of its imposition. This provides for the possibility of an administrative decision to lift the penalty in accordance with the circumstances of a specific case.
For the duration of the disciplinary action, the usual incentives for the employee, such as bonuses or other forms of remuneration, shall not be applied. This is due to the fact that disciplinary action is a means of influencing violations of labor discipline.
Therefore, the removal of the disciplinary penalty can occur automatically after a year without new violations or by decision of the administrative body, if the employee has demonstrated good faith and no new violations.
# labor dispute lawyer # labor lawyer consultation # labor law lawyer consultation # legal assistance in labor disputes #
