If an employee has committed a disciplinary offense, the employer has the right to hold him accountable. Disciplinary offenses include any violations of labor discipline and internal regulations established at the enterprise.

The procedure and conditions for applying disciplinary punishment to an employee are given in Art. 192 of the Labor Code of the Russian Federation.

Disciplinary punishments provided for by the current labor code

The current Labor Code of the Russian Federation lists the following types of punishments that an employer can apply to employees:

• comment;
• rebuke;
• dismissal with a corresponding entry in work book.

Each disciplinary violation of an employee must be documented. Without such evidence, the employer has no right to apply penalties.

When deciding on the application of a particular penalty, the employer must objectively assess the fault of the employee, as well as the damage that was caused by his guilty actions to the employer himself. For example, being late for work without a valid reason. If the employee is unable to provide the employer with evidence that he was late for work for good reasons (for example, the train was canceled), then the employer can reprimand him or apply a reprimand. On the other hand, if a spontaneous traffic jam has formed on the road, then this fact cannot be proved.

As already mentioned, a disciplinary offense must be recorded in the documents. For example, being late. An act must be drawn up, which will be signed by the head of the structural unit and two witnesses. An explanatory note from the employee must also be attached to this act. Then the employer decides what type of punishment to apply to him, and issues an appropriate order. The employee must sign this order. An appropriate entry on the application of a disciplinary sanction under the Labor Code of the Russian Federation will be entered in the appropriate section of the work book.

The employer may also dismiss his employee if he violates discipline in the following way:

• if he already has a valid disciplinary sanction for violation of internal regulations;
• repeatedly violates his labor duties (regular being late is included in this paragraph);
• if the head of the organization repeatedly grossly violates his powers, labor duties and makes unreasonable decisions;
• if the worker educational institution repeatedly grossly violated the charter of this institution;
• on other grounds, which are provided for by Art. 346. 11 of the Labor Code of the Russian Federation, as well as clause 7, clause 7.1 and clause 8 of Art. 81 of the Labor Code of the Russian Federation regarding the loss of trust and the commission of an immoral act.

Labor legislation provides for the use of other disciplinary action which may be established by a collective agreement or other local acts.
For certain categories of employees, for example, for state or municipal employees, or teachers, federal laws or other regulations provide for other penalties for violations of discipline.

Labor relations are regulated, as you know, by the Labor Code. When applying for a job, the applicant and the employer enter into an agreement. The document spells out the main conditions labor activity employee. The contract also establishes the obligations and rights of the parties.

By concluding an agreement, the employee voluntarily undertakes to comply with the norms of labor legislation, the provisions of local documents. If they are violated, he is threatened disciplinary action. In the Labor Code of the Russian Federation contains a special rule establishing the grounds and General terms application of sanctions to the guilty person - 192 article. Let's consider its features.

General information

According to the above article of the Labor Code of the Russian Federation, disciplinary action may be charged to an employee who violates the provisions of the law or other normative documents. Violation can be expressed either in non-fulfillment, or in improper fulfillment by the employee of professional duties due to his fault.

Types of disciplinary sanctions under the Labor Code of the Russian Federation

The employer can choose one of the following sanctions:

• Comment.
• Rebuke.
• Termination of the contract (if there are grounds).

Federal laws, regulations on discipline, charters may provide for certain categories of employees and other, not enshrined in Art. 192 Labor Code of the Russian Federation disciplinary action. Norm must be applied subject to the provisions of Art. 81.

Features of the norm

According to Labor Code of the Russian Federation, to disciplinary sanctions refers to dismissal on the grounds set out in Art. 81 (5, 6, 9, 10 clauses of part 1), 336 (clause 1), 348.11, as well as those provided for in clauses 7.1, 8, 7 of part one of the 81 norm, if the employee’s guilty actions give rise to a loss of confidence in him or he committed an immoral act at the place and within the framework of labor activity.

The application of sanctions that are not enshrined in federal legislation, regulations and charters is not allowed.

According to Art. 192 of the Labor Code of the Russian Federation, disciplinary sanctions should be imputed only after assessing the severity of the offense and analyzing the circumstances in which the perpetrator committed it.

What is a disciplinary offense?

It should be understood as a guilty, unlawful non-fulfillment or improper fulfillment by an employee of the duties assigned to him in accordance with the contract, law and other regulatory (including local) acts.

Misdemeanor can be expressed in violation of regulations, rules of procedure at the enterprise, job description, order of the employer, technical rules and so on.

Guilt

Failure to perform / improper performance of duties will be considered guilty if a citizen acted through negligence or intentionally.

Imposition of a disciplinary sanction under the Labor Code of the Russian Federation is not allowed if the relevant violations were committed due to circumstances beyond the control of the will of the person. For example, an employee failed to perform duties due to the lack of necessary materials for work, due to disability, etc.

Wrongfulness

The illegal behavior (inaction/action) of an employee is expressed in its non-compliance with the requirements of the law and other industry regulations.

On this issue, the Plenum of the Supreme Court clarified in Resolution No. 2 of 2004. The Court indicated that it was impossible to regard as an offense the refusal of an employee to perform a production task when a threat to his life / health arises in connection with the elimination of the corresponding danger.

The behavior of a person who refuses to perform hard work or in dangerous / harmful conditions will also be recognized as lawful, if they are not provided for in the contract. Exceptions can only be established by federal law.

Nuances

Due to the fact that there are no provisions in the Labor Code prohibiting the exercise of the right to such a refusal, in cases where the execution of the relevant tasks is conditioned by a transfer on the grounds enshrined in Article 72.2, the citizen’s refusal to transfer should be considered justified.

Failure to comply with the employer's order to return to work before the end of the vacation cannot be regarded as a violation of discipline. The law does not provide for the right to call an employee ahead of schedule without his consent. The refusal of the employee to comply with such an order (regardless of the reason) should be considered lawful.

Types of violations of discipline

As a misdemeanor for which it can be imputed disciplinary sanction under the Labor Code of the Russian Federation, only such guilty unlawful behavior that is directly related to the performance of professional duties can act. A refusal of a person to perform a public task or non-observance of the rules of conduct in a public place cannot be considered a violation.

Violations of discipline in the enterprise are considered:

• Absence of a citizen without good reason in the workplace or at work in general.
• Evasion/refusal to undergo a medical examination, special training, certification, passing exams on health and safety, equipment operation rules, if these procedures are prerequisite for admission to production activities.
• Refusal without good reason to conclude an agreement on liability if the service with valuables constitutes the main labor obligation of the person and was agreed upon when he was hired by the enterprise, and with the citizen, in accordance with the provisions of the law, the specified contract can be concluded.

Art. 81 of the Labor Code of the Russian Federation

Disciplinary action in it is allowed to apply in connection with:

• Repeated non-fulfillment by a citizen of his labor functions without a good reason in the presence of a penalty.
• One-time gross failure (violation) of duties.
• Acceptance by the director of the enterprise (structural division), his deputy, Ch. by an accountant of an unreasonable decision, the execution of which resulted in a violation of the safety of valuables, their illegal use or other property damage.
• Gross violation of professional duties by the head or his deputy, committed once.

In addition to those established in Labor Code of the Russian Federation to disciplinary sanctions Sanctions are provided for in sectoral federal laws. For example, Federal Law No. 90 allows the dismissal of a teacher in connection with a gross violation of the charter educational institution admitted again within a year.

Exceptions

Given in Art. 192 the list is considered to be exhaustive. The application of any other penalties not provided for by the article is not allowed. For example, it would be unlawful to transfer an employee to lower paid position or the imposition of a fine as a sanction for violations.

Exceptions are allowed in cases expressly provided for by law. For example, Federal Law No. 79 provides that a civil servant, in addition to the penalties established by Article 192 of the Labor Code, may be issued a warning about incomplete compliance with the position held.

Rules for the application of sanctions

They are fixed Art. 193 of the Labor Code of the Russian Federation. Disciplinary sanctions can be imputed only after receiving an explanation from the employee who committed the violation. They are provided in writing. The employee is given 2 days to complete the explanation. If at the end of this period no explanations are provided, the employer must draw up an appropriate act.

It must be said that the failure to provide explanations is not recognized as an obstacle to the application of sanctions against the guilty.

Timing

They are also mentioned in the 193 norm of the Labor Code of the Russian Federation. The time limits for disciplinary action are set as follows:

• The sanction is applied no later than 1 month. from the date the violation was discovered. This period does not include the days the employee is on vacation, temporary disability, as well as the time allotted to take into account the conclusions of the trade union.
• The sanction cannot be applied after 6 months. from the date of the violation, and following the results of the audit, audit inspection, audit of financial and economic operations - after two years. These terms do not include the time of criminal proceedings.

Only one sanction can be imposed on the perpetrator for each violation. Otherwise, his constitutional rights will be infringed.

For committing 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 the article of this Code) may also provide for other disciplinary sanctions for certain categories of employees.

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 1, paragraph 1 of Article or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article of this Code in cases when guilty actions that give grounds for loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties.

It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

Commentary on Art. 192 Labor Code of the Russian Federation

Judicial practice under article 192 of the Labor Code of the Russian Federation

Determination of the Constitutional Court of the Russian Federation of November 4, 2004 N 343-O

However, in contrast to the effect of benefits provided upon termination employment contract at the initiative of the employer to other categories of employees with family responsibilities (third part of Article Labor Code Russian Federation), the effect of the ban on the dismissal of a pregnant woman from work at the initiative of the employer is significantly limited in time. In addition, the article of the Labor Code of the Russian Federation provides for other - in addition to dismissal from work - disciplinary sanctions that the employer, exercising its competence to make personnel decisions, has the right to apply to a pregnant woman if she commits a disciplinary offense.

An article of the Labor Code of the Russian Federation provides that for the commission of a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

Comment;

Rebuke;

In accordance with Art. of the Labor Code of the Russian Federation for committing a disciplinary offense, that is, non-performance or improper performance by an employee due to his fault of the labor duties assigned to him, the employer has the right to apply one of the following disciplinary sanctions to him: remark, reprimand, dismissal on appropriate grounds.

G. filed a lawsuit against OAO SITI to recover wages in the amount of 31578 rubles. 95 kopecks, compensation for unused vacation for 2002-2003 in the amount of 65,874 rubles. 53 kopecks, compensation for delayed payment Money in the amount of 8728 rubles. 91 kopecks, compensation for early dissolution contract in the amount equivalent to 100,000 US dollars, compensation for the delay in payment of funds under the contract in the amount of 219,610 RUB. 27 kopecks, compensation for non-pecuniary damage in the amount of 100,000 rubles and expenses for paying for the services of a representative in the amount of 91,000 rubles. She also asked to recognize the wording of the reason for her dismissal as incorrect and inconsistent with the articles, the Labor Code of the Russian Federation and change it to part 1 of Art. Labor Code of the Russian Federation and clause 1 of Art. 7 of the contract.

As for the provisions of the articles, and the Labor Code of the Russian Federation, then, formally appealing against their constitutionality, G.G. Galeeva, in fact, expresses disagreement with the legality of her dismissal from work and the court decisions made in her labor dispute. Meanwhile, the resolution of this issue, including verification of the correct interpretation of the norms to be applied in the applicant’s case, the legality and validity of court decisions issued on their basis based on the results of the establishment and study of factual circumstances, by virtue of Article 125 of the Constitution of the Russian Federation and Article 3 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" also does not fall within the competence of the Constitutional Court of the Russian Federation, but refers to the powers of higher courts of general jurisdiction.

30. In accordance with the article of the Labor Code of the Russian Federation, disciplinary sanctions are applied by the employer to the employee for non-performance or improper performance by the employee through his fault of the labor duties assigned to him.

Disciplinary sanctions on judges may be imposed by qualification boards of judges for committing disciplinary offenses expressed in violation of the norms of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" (as amended on December 15, 2001), as well as the provisions of the Code of Judicial Ethics.

ARTICLES OF THE LABOR CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Kleandrov, A.L. Kononova, L.O. Krasavchikova, V.O. Luchina, Yu.D. Rudkina, N.V. Selezneva, V.G. Strekozova, O.S. Khokhryakova, B.S. Ebzeeva, V.G. Yaroslavtsev,

The list of disciplinary sanctions enshrined in Art. The Labor Code of the Russian Federation does not provide for the application of such a penalty for violation of labor discipline as a transfer to another job.

The Labor Code of the Russian Federation defines in article 4 the work, the performance of which does not apply to forced labor.

Currently, this constitutional provision is implemented in Art. of the Labor Code of the Russian Federation, which establishes a list of disciplinary sanctions that the employer has the right to apply: 1) remark, 2) reprimand, 3) dismissal on appropriate grounds.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.

The representative of the interested person of the Government of the Russian Federation Makarov D.Yu. objected to the satisfaction of the complaint and explained in court that the deprivation of the driver's certificate for the right to drive a locomotive, multiple unit rolling stock, special self-propelled rolling stock, the driver - a certificate for the right to drive a trolley, assistant driver of a locomotive, multiple unit rolling stock, special self-propelled rolling stock composition - certificates of an assistant driver, assistant driver of a trolley - certificates of an assistant driver for a period of up to three months or up to one year, with the transfer with the consent of the employee to another job for the same period is a type of disciplinary sanction. The right to establish additional disciplinary sanctions in comparison with the labor legislation in the provisions on discipline is provided for in Art. Labor Code of the Russian Federation.

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.

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.

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.

Comments to Art. 192 Labor Code of the Russian Federation

1. If an employee has violated labor discipline, then the administration is obliged to apply to him a measure of disciplinary or social influence or a measure of coercion. Coercion is an important element of power.

There are 2 types of violations of labor discipline:

1) non-performance of duties, including incomplete performance of duties, poor-quality performance of duties;

2) excess of rights, but only such that violates the rights and freedoms of other persons (Article 17 of the Constitution of the Russian Federation).

Duties and rights are set out in various regulatory legal acts, including local ones developed by the organization itself.

The action or inaction of an employee is considered a violation of labor discipline under certain conditions.

Disciplinary responsibility comes for a disciplinary offense. The main characteristics of a disciplinary offense include the following: socially harmless violations of the internal labor regulations of the organization; violations committed by an employee who is labor relations with the organization non-fulfillment by an employee of an obligation or excess of his rights that violated the rights and freedoms of another person. Object of violation - internal work schedule organizations. A disciplinary offense committed in the form of action or inaction is a guilty action, i.e. committed intentionally or by negligence.

The main causes of violations of labor discipline are the following: shortcomings in the organization of labor; working conditions that encourage violations or even force the employee to commit violations; wages that do not stimulate disciplined work; lack of control in the labor process; impunity of workers; personal disorganization of the employee; family living conditions.

The causes of violations also include contradictions between:

norms of law and real norms according to which labor relations function;

skilled and unskilled labor;

mental and physical labor;

private property and cooperative labor organization;

the interests of the people.

2. Punishment is associated with the restriction or deprivation of the violator of benefits - bonuses, the right to a ticket, etc. This is a negative assessment of human activity by the subject of management - the employer and his administration.

The purpose of punishment is to convince a person to stop committing violations in the future and to deter other employees from violations. Punishment is a consequence of non-fulfillment of duties by the guilty, excess of rights. For punishment to be effective, the following rules must be followed:

1) the inevitability of impact. If all violators know in advance that they will be subjected to sanctions immediately after the violation, most likely only a very small part of them will still commit violations. The majority of violators, however, hope and are even sure that liability will not come;

2) individualization of punishment. When applying punishment, it should be borne in mind that it should be extremely significant for the employee. For example, an employee violated labor discipline - he was late for work. The leader decided to reprimand him. But for this man, a reprimand does not matter much. For him, the deprivation of the right to combine jobs is more significant. If he violated discipline, then he is warned that he is deprived of the possibility of combining, and this turns out to be a more effective measure for him than any other;

3) the significance of the punishment for the employee;

4) justice of punishment. It is possible to bring a person to responsibility only for guilty failure to fulfill his duties;

5) the administration must take into account the severity of the disciplinary offense, as well as its economic consequences, the circumstances under which it was committed, previous work, the attitude of a person to his violation;

6) punishment should not humiliate the honor and dignity of a person.

Exist different kinds disciplinary action.

For committing a disciplinary offense, i.e. failure to perform or improper performance by the employee due to his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions in accordance with Art. 192 TC: remark; rebuke; dismissal for appropriate reasons.

Dismissal as a disciplinary sanction can be applied when an employee has committed a disciplinary offense, consisting in the fact that he did not perform or improperly performed, through his own fault, the duties assigned to him.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.

It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.

3. Prior to the imposition of a penalty, explanations in writing must be requested from the violator of labor discipline. At the same time, the employee's refusal to give an explanation cannot serve as an obstacle to the application of a disciplinary sanction. In case of refusal to give an explanation, an act is drawn up in which the fact of refusal is recorded. The act is drawn up in any form and signed by at least 2 - 3 employees who enjoy the trust of the team. An explanation is necessary in order to find out the circumstances of the violation, its causes, and the attitude of the violator towards it.

A disciplinary sanction is applied by the administration immediately after the misconduct, but no later than 1 month. from the date of its discovery, not counting the time of illness or vacation of the employee, as well as the time required to take into account the opinion of the representative body of employees. If the recovery is announced later than this period, the recovery will be illegal. A disciplinary sanction cannot be imposed later than 6 months. from the date of committing the misconduct, based on the results of an audit or audit of financial and economic activities or auditing activities - no later than 2 years from the date of its commission. The above time limits do not include the time of criminal proceedings. If, for example, the administration learned about the commission of a disciplinary offense after 3 months. after its commission, it can apply a measure of disciplinary action within 1 month. from the date of its discovery, but after 6 months. from the date of its commission, she loses the right to declare a penalty.

Only 1 disciplinary sanction can be applied for each violation. The penalty is announced to the employee in an order (instruction) indicating the motives for its application and must be announced to the employee against receipt within 3 working days from the date of its issuance. If the employee refused to sign the order, then an entry is made in the order or an act is drawn up. For example, an employee was reprimanded in an order posted on a bulletin board. However, the worker was not informed, and he did not see the order on the notice board. In this case, it is considered that the employee has no penalty.

A disciplinary sanction may be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.

The charge is valid for 1 year. After this time, it is considered that the employee has no penalty (in this case, an order is not required). At the same time, a disciplinary sanction may be lifted before the expiration of the year if the person has not committed a new violation of labor discipline and has shown himself to be a conscientious employee.

4. The most important duty administration is to register violations. It is advisable to draw up a methodology for registering each duty from the job description. For example, the organization employs 1 thousand people. Each of them has 30 duties. In total, the employees of the organization have 30 thousand responsibilities. It is expedient to analyze them and develop a methodology for registering violations of each of them.

5. Disciplinary sanctions - a measure of coercive influence provided for in a regulatory legal act, applied by an official in accordance with his competence for a disciplinary offence. Organizations, enterprises do not have the right to change the types of disciplinary sanctions at their discretion.

It should be distinguished from disciplinary sanctions measures of disciplinary action that are established by the organization, for example, deprivation of bonuses, failure to provide various benefits. As a rule, the provision of these benefits is directly related to the observance of discipline.

A reprimand with a warning and other measures not provided for in the commented article can be considered a measure of disciplinary action, but not a disciplinary sanction.

Measures of disciplinary sanctions differ from other measures of disciplinary action in that they are established in the legislation, charters, and regulations on discipline.

The commented article does not require the application of penalties in the sequence established in it. The choice of penalty depends on the severity of the misconduct, the circumstances of the violation, and the behavior of the employee.

The application of penalties is not an obligation, but the right of the administration. The responsibility of the administration should be considered the need to register the violation and apply to the violator the measure of influence that is most reasonable and effective in the circumstances.

6. Disciplinary sanctions are also provided for in other laws. In accordance with Art. 57 federal law dated July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation" for committing a disciplinary offense, i.e. for non-fulfillment or improper fulfillment by a civil servant through his fault of the tasks assigned to him official duties, the representative of the employer has the right to apply the following disciplinary sanctions: remark; rebuke; warning about incomplete official compliance; dismissal from a substituted civil service position; dismissal from the civil service on the grounds established by paragraph 2, sub. "a" - "g" p. 3, p. p. 5 and 6, part 1, art. 37 of the said Law.

For each disciplinary offense, only 1 disciplinary sanction can be applied.

Article 1 of ILO Convention N 105 "On the Abolition of Forced Labor" (1957) obliges the state to abandon forced labor as a means of maintaining labor discipline. Therefore, if the transfer to another job in the form of punishment is regarded as a form of forced labor, then it cannot be applied.

Demotion in class rank may not be associated with a change in duties, therefore it is permissible.

For example, for committing a disciplinary offense (Article 27 of the Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation") - non-fulfillment or improper fulfillment by a municipal employee through his fault of assigned to him official duties- the representative of the employer (employer) has the right to apply the following disciplinary sanctions: 1) remark; 2) reprimand; 3) dismissal from municipal service on relevant grounds.

A municipal employee who has committed a disciplinary offense may be temporarily (but not more than 1 month), until the issue of his disciplinary responsibility is resolved, suspended from the performance of his official duties with the preservation of a monetary allowance. The removal of a municipal employee from the performance of official duties in this case is carried out by a municipal legal act.

7. A representative of the administration of an enterprise, institution, organization has the right to apply disciplinary measures.

In order to have the right to apply disciplinary measures, an employee of the organization must be assigned to the administration group in the organization's local regulatory legal acts: the charter, PWTR, regulation on structural unit. This act must define the scope of his disciplinary power (for example, the right to announce only a remark, reprimand, etc.). In addition, the circle of persons to whom its disciplinary power extends must be determined.

The scope of disciplinary power usually includes the following powers: to give binding instructions; define labor functions; apply a measure of disciplinary action; apply 1 of the types of incentives; issue an order (instruction) within its competence.

The circumstances of the misdemeanor can be divided into 2 types: mitigating and aggravating punishment.

Circumstances mitigating punishment include such as committing an offense for the first time, through negligence, by a minor, by a pregnant woman, insignificance of harm, etc.

Circumstances that aggravate liability can be considered: repeated misconduct; serious consequences for the organization; intentional actions of the offender; state of narcotic or toxic intoxication; an attempt to hide the fact of the violation; refusal to cooperate with the administration during a disciplinary investigation; involvement in violation of other employees, etc.

When choosing a measure of punishment, the previous work of the offender, his attitude to work, for example, conscientious work or systematic violations, etc. are taken into account. The behavior of the employee is also taken into account - whether or not he repents of committing an offense, how he is going to work in the future, etc.

Classification of violations by severity and a list of mitigating and aggravating circumstances can be included in the PWTR.

8. The commented article refers to the following statutes: Disciplinary statute customs service Russian Federation (Decree of the President of the Russian Federation of November 16, 1998 N 1396); Charter on the discipline of the crews of supply ships Navy(Decree of the Government of the Russian Federation of September 22, 2000 N 715); Charter on the discipline of workers of the fishing fleet of the Russian Federation (Decree of the Government of the Russian Federation of September 21, 2000 N 708); Charter on the discipline of maritime transport workers (Decree of the Government of the Russian Federation of May 23, 2000 N 395); Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy (Decree of the Government of the Russian Federation of July 10, 1998 N 744); Charter on the discipline of employees of enterprises and organizations engaged in the development of gas and oil fields with a high content of hydrogen sulfide (Decree of the Council of Ministers of the USSR of October 30, 1987 N 1216); Charter on the discipline of workers engaged in geological exploration for solid minerals on the continental shelf of the USSR and in the World Ocean (Resolution of the Council of Ministers of the USSR of August 6, 1985 N 749); Charter on the discipline of workers and employees employed in the development of oil and gas resources on the continental shelf of the USSR (Resolution of the Council of Ministers of the USSR of December 16, 1982 N 1081); Charter on the discipline of communication workers of the USSR (Resolution of the Council of Ministers of the USSR of April 20, 1972 N 284).

9. See also paragraph 53 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation".

10. The dismissal of an employee as a disciplinary sanction is carried out in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee at the place of work and in connection with the performance of his labor duties.

Disciplinary sanctions, in particular, include the dismissal of an employee under paragraphs 5, 6, 9, 10, part 1 of Art. 81 of the Labor Code (see commentary to this article).

Grounds for terminating an employment contract with teacher educational institution (clause 1 of article 336 of the Labor Code) is repeated within 1 year gross violation charter of the educational institution.

Disciplinary sanctions also include the dismissal of an employee under paragraphs 7 or 8 of part 1 of Art. 81 TK.