Failure to fulfill official duties article of the shopping mall of the Russian Federation. Who determines that an employee is failing. Violation of the requirements of the internal order

Dismissal of an employee under the article Labor Code"For repeated failure to comply job responsibilities"Is a fairly widespread disciplinary sanction. Its application requires the employer to strictly adhere to the rules and procedures established by law, otherwise the employee will be able to successfully challenge it in the labor inspectorate or in court.

Compliance with labor discipline and punishment for its violation

The Labor Code of the Russian Federation calls the discipline of labor the obligatory subordination of all employees of the organization to the rules of conduct established in it.

it necessary condition labor, without which the goal of joint labor process unattainable.

V general view the rules of conduct (in the form of the basic rights and obligations of employees) are named in Art. 21 of the Labor Code of the Russian Federation. However, in each organization, they must be specified in a collective agreement, local regulations(internal labor regulations - PVTP) and labor contracts with employees.

Disciplinary sanction is a measure of punishment for an employee who has committed disciplinary offense, which is understood as non-performance / improper performance by him through his own fault of those entrusted to him job responsibilities(Article 192 of the Labor Code of the Russian Federation).

In this case, the employer has the right to apply to the guilty employee only those measures that are established by Art. 192 TC:

remark (least severe);
reprimand (more severe);
dismissal (a last resort, imposed only in cases specified by law).

Duties must be precisely labor (official, if the employee holds a position), and their failure / improper performance may constitute a violation by the employee:

requirements of the law;
their obligations under the employment contract;
PVTP;
job descriptions, rules, etc .;
orders, instructions, instructions from the management, etc.

Disciplinary action for multiple failure to perform official duties

Clause 5, h. 1, Art. 81 of the Labor Code of the Russian Federation grants the employer the right to part with the employee due to repeated failure to fulfill his labor duties, provided that this happened without good reason and he already has disciplinary action.

The employer can, but is not obliged to, apply this exceptional disciplinary measure. That is, at his discretion, it is possible to impose less severe penalties (remarks or reprimands) on a negligent employee.

When applying for dismissal, the employer should consider the following important points, without which it cannot be considered legitimate.

Firstly, the employee must have a previously imposed penalty for another disciplinary offense, which by the time of the repeated offense has not been lifted or repaid (according to the rules of Article 194 of the Labor Code of the Russian Federation, after a year, the penalty imposed is considered canceled, and its early withdrawal is also possible).

Secondly, it is necessary to strictly follow the rules for imposing disciplinary punishment established by Art. 193 of the Labor Code of the Russian Federation (to meet the deadline of 1 month from the moment of the misconduct (there are also options), to take away written explanations from the offender or draw up an act of refusal to give them a dacha).

Thirdly, the registration of dismissal must fully comply with the procedure determined by

When employed, the future employee must sign an employment contract with the employer and study the job description. However, if an employee ignores his job responsibilities in the course of his work, then the reaction of the employer can be completely different: from loyalty to a cardinal action - dismissal. What is the threat to the employee of non-fulfillment of official duties?

All businesses need to have job descriptions for each position. In accordance with this document, the new employee will perform his duties. This instruction helps the employee to work the way the employer expects, therefore it should list the functions and indicate the level of responsibility for each position. What threatens the employee with non-fulfillment of his labor duties is described in Art. 192 of the Labor Code of the Russian Federation.

The employee does not fulfill his duties

For intentional failure to fulfill their direct duties, which are listed in job description the enterprise, the employee is disciplined in the form of a remark or. In extreme cases, the employer has every right to dismiss the employee for this reason (Labor Code of the Russian Federation).

But this condition is valid only if the employee was familiarized with his / her signature. functional responsibilities when taking office. If the manager has noticed incidents of non-fulfillment of direct duties by the employee several times, then in the first case the employer makes a remark to him, and in the following cases there will be a penalty, fine or dismissal of the employee.

For certain categories of employees, other disciplinary sanctions may be applied in case of failure to fulfill their labor duties (Article 189 of the Labor Code of the Russian Federation).

The most common causes of the violation can be as follows:

The job description is formally drawn up. It does not contain real information and information about the position, there is no list of clear responsibilities, the level of responsibility and rights of the employee are not indicated.
Incorrect distribution of functional responsibilities. The document, for example, describes universal responsibilities for multiple jobs. As a result, someone does them, and someone does not. In addition, this may be the case when an employee is given a lot of duties of a multi-level nature that he, in principle, cannot perform. It is the employer's fault, not the employee's. The employee must fulfill the minimum standard of duties described in his employment contract, and the additional duties that appear in the process of work, he performs at his own request.
Double subordination of the employee. We are talking about several managers of one employee. An employee should have one specific direct manager who gives him tasks and monitors their implementation. It happens that the heads of other departments, whose work is related to the functions of the employee, control or require subordination and accountability from him, but he is not able to perform all the duties efficiently. This point should be taken into account when analyzing the problem.

There are many reasons why an employee does not fulfill his job duties. It is important to bear in mind that the tasks of the HR department at the initial stage of work are to conduct an introductory course, coordinate with the employee his duties, facilitate easy adaptation and then periodically monitor the level of performance of official duties and the business process itself.

Penalties and payments in case of default

If the employee has not fulfilled his labor duties, the employer does not have the right to impose fines according to the law. However, with regard to an irresponsible employee, payments are made in accordance with the terms of Art. 155 of the Labor Code of the Russian Federation. There are 3 conditions here:

If the employee does not fulfill his labor duties through the fault of the employer, he is paid his average monthly salary.
If there was a failure to fulfill functional duties by an employee for reasons that do not depend on either the employer or the employee, then the payment is made in the amount of at least 2/3 of the full rate.
If the fault for non-fulfillment of functional duties lies entirely with the employee, then the employer has the right to pay the salary plan upon the fact of the work performed.

Dismissal for non-performance of official duties

With systematic violations labor order and non-fulfillment of labor duties, the employer has the right on the basis of an order, which will spell out the appropriate reason for dismissal.

The procedure for punishment for systematic violation and failure to perform their work is described in Art. 81 of the Labor Code of the Russian Federation. The legislation does not specify clear criteria for violations, they are determined by the employer.

The procedure for dismissal for non-fulfillment of official duties is carried out according to the following algorithm:

Providing documents by the employer, on the basis of which it is possible to prove the employee's guilt.
Analysis of the job description, which should spell out the clear responsibilities of the employee.
Clarification of whether the employee belongs to the category of persons who are prohibited from being dismissed at the initiative of the employer (Article 261 of the Labor Code of the Russian Federation).
Receipt from the employee of a written explanation of his violations.
Analysis of the situation and all valid reasons for violations, if any.
Execution of a dismissal order based on violations.
Acquaintance with the order and its signing.
Registration of a resignation order by a personnel officer and making a corresponding entry in work book employee.

V mandatory on the day of dismissal, the employer must make a full payment to the employee and return his work book to him.

Conclusion

The criteria for non-fulfillment of official duties are rather vague, and the employer must establish them first of all. Quite often, it is through the fault of the manager that the employee does not perform his work efficiently, therefore, dismissal for this reason is often illegal. At the same time, an unlawfully dismissed employee can safely file a claim in court, and if violations by the employer are found, he will be reinstated in office and receive compensation.

Hello Natalia!

According to article 189 of the Labor Code of the Russian Federation:

Labor discipline - compulsory for all employees to comply with the rules of conduct, determined in accordance with this Code, and other federal laws, collective agreement, agreements, local regulations, labor agreement.

According to article 192 of the Labor Code of the Russian Federation:

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:
1) remark;
2) a reprimand;
3) dismissal on appropriate grounds.
Federal laws, statutes 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 by 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 Code. Of the Code in cases where the guilty actions giving grounds for loss of trust, or, accordingly, an immoral misconduct were committed by an employee at the place of work and in connection with the performance of his job duties.
Disciplinary sanctions not provided for by federal laws, statutes and discipline regulations are not allowed.
When imposing a disciplinary sanction, the gravity of the offense committed and the circumstances under which it was committed must be taken into account.

In accordance with article 193 of the Labor Code of the Russian Federation:

Before a disciplinary action is taken, 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.
The employee's failure to provide an explanation is not an obstacle to disciplinary action.
Disciplinary sanction is applied no later than one month from the date of discovery of the offense, 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 cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The indicated time limits do not include the time of the criminal proceedings.
Only one disciplinary sanction may be applied for each disciplinary offense.
The employer's order (order) 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.
A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

But fines for non-observance of labor discipline illegal. They, like the deprivation of the premium, are not provided for by law. Therefore, in order not to pay a premium for legal grounds, you need to draw up a document ( local act on bonuses and bonuses for employees), in which you need to describe the criteria by which employees are awarded or deprived.

With respect, Nadezhda.

Dismissal under the article for non-fulfillment of official duties occurs when the employer incriminates his employee of guilty actions that violate labor law. The Labor Code (Labor Code of the Russian Federation) guarantees equal protection of the rights of both employees and the company providing jobs. Professionals who adhere to the schedule and properly perform their functions cannot be fired without their consent. However, non-compliance with legal regulations, negligence and other misconduct give the employer the right to part with the employee legally.

The main responsibilities of working citizens are listed in the Labor Code of the Russian Federation (Article 21). These include: submission to the labor regulations in force at the enterprise, a responsible attitude to the property of the organization, conscientious performance of their labor functions, compliance with safety techniques, and others.

A narrower range of responsibilities associated with the performance of a specific job function should be determined upon admission to the organization. It depends on the position of the employee and the profile of the company.

They are installed:

labor agreement, which is signed before hiring;
an additional agreement to the labor contract (if the initial conditions are changed);
documents that the organization accepts within its competence. They concretize the norms of federal legislation and determine the work schedule;
job description.

These documents must contain an exhaustive list of actions, tasks and functions that are mandatory for the employee, according to his position.

The fulfillment of the duties listed in the Labor Code of the Russian Federation and other regulations is a prerequisite that the employee agrees with while holding a position in the company's staff. Failure to comply with this requirement provides for the onset of negative consequences. V labor law it is the appointment of a disciplinary sanction that affects professional reputation.

If there are sufficient grounds, the employee can be brought to other types of legal liability: civil (for causing material damage), administrative (for violations related to security at the enterprise) or criminal (for theft, fraudulent actions).

An employee admitted to the organization's staff is obliged to familiarize him with his functional responsibilities. As proof that the citizen has been properly notified, his personal signature must be on the documents. In her absence, it will not be possible to establish a range of official duties and prove the fact of their failure. Accordingly, there will be no reason to impose disciplinary sanctions on a person.

When an organization initiates the termination of labor relations, the most often question arises - dismissal for non-fulfillment of official duties, what is the article in the Labor Code? The right to punish an employee for breach of contractual obligations is established by article 81 (part 1, paragraphs 5 and 6). To deserve a penalty for improper behavior, it is enough only once to grossly violate labor laws (come to work drunk, commit theft) or repeatedly commit guilty misconduct (violation of deadlines, lateness).

The law provides for only three types of disciplinary sanctions - reprimand, warning, dismissal. Their use is strictly regulated by the norms of the Labor Code of Russia.

Employers can apply other punishments - to deprive bonuses, impose fines, remove from office - only on the basis of the provisions of local regulations. These measures have nothing to do with disciplinary punishments.

The reason for imposing a penalty will be:

An employee's violation of the laws in force on the territory of Russia.
Violation of conditions labor contract or job description.
Failure to comply with the rules governing issues related to labor relations at a particular enterprise.
Ignoring the orders of the organization's management.
Late appearance at the workplace.
Absenteeism.
Inadequate state of the employee, caused by the use of alcohol-containing substances, narcotic or toxic drugs.
Disclosure of confidential information (personal data of employees, trade secrets).
Other grounds.

If the employee has unreasonable reasons explaining the violation of the labor rules in force in the organization, the employer has every right to impose an appropriate punishment. Its validity period is 1 year, regardless of the chosen method. Upon the expiration of the specified time, the collection is considered extinguished.

Dismissal is the most severe punishment that can be imposed on an unscrupulous employee. Its application will be considered legal only if the aggregate following conditions:

the employee has committed a guilty act;
the fact of violation is recorded and proven;
the employee had already violated the labor rules adopted in the organization, and a corresponding order was issued against him.

If the employee has not previously been prosecuted or the disciplinary sanction has already been lifted, then it is impossible to dismiss under the article for non-fulfillment of official duties (Resolution of the Plenum The Supreme Court RF dated 17.03.2004 N 2 "On the application by the courts Russian Federation Labor Code of the Russian Federation "). An employee who is fired in this way will easily regain his status in the organization.

The fact that an employee ignores his official duties may become known to the management of the organization. different ways... Information about the employee's fault may be contained in a memorandum, an act of the audit commission or a complaint.

On this basis, the employer should take the following actions:

Draw up an act of fixing the violation.
To approve the composition of the commission for conducting an internal investigation. Her tasks include: searching for evidence of the employee's guilt and drawing up an official report on the results of the audit. If the evidence of the employee's guilt is not found, then a penalty cannot be imposed.
Get an explanation from the employee or issue a waiver. This takes 2 days from the date of the request.
Based on the severity of the misconduct, the reasons for the misconduct and the employee's previous behavior and attitude towards work responsibilities, choose which of the disciplinary sanctions should be applied.

The ratio of the severity of the offense committed with the chosen measure of punishment is a condition that must be strictly observed. If dismissal for non-fulfillment by an employee of his job duties is assigned for a minor offense (for example, for being late), then the court will consider such a measure unlawful. The employee will be reinstated and obliged to pay him compensation.

Please note: some categories of employees are under the special protection of the state. Such a disciplinary measure as dismissal cannot be applied to them. Even if there is compelling evidence of the employee's guilt.

It belongs:

to pregnant employees;
clients on vacation;
to temporarily disabled citizens who are on leave for health reasons.

Disciplinary measures can be applied to such employees only after they return to work.

Requesting explanations from the employee

Requesting an explanation from the employee about the incident is the employer's duty, enshrined in part 1 of article 193 of the Labor Code of the Russian Federation. If it turns out that the employee had objective reasons to commit a violation or it was a consequence of the circumstances force majeure, then the penalty cannot be applied.

The term during which the employer has the right to demand an explanation is established by law.

By general rule it composes:

The month since the day the misconduct was discovered. The time will be increased to six months if the employee is on vacation or on sick leave.
2 years from the date of commission. For misdemeanors discovered as a result of activities that control the financial or economic condition of the organization.

Based on the reasons stated in the explanatory note, the company's management decides whether it is possible to apply disciplinary sanctions in a particular case.

The form in which the employee must explain the reasons that prompted him to violate labor discipline However, most often employers prefer not to listen to explanations, but to receive them in writing.

The fact is that a properly executed explanatory letter can play the role of evidence in court. It shows that the employer acted in accordance with the procedure established by law.

The employer has the right to respond to the violation and dismiss the employee for failure to fulfill his duties only after the end of the work of the commission conducting the internal investigation.

The collection is formalized by issuing an appropriate order. The procedure looks like this:

the fact of violation is documented labor legislation;
disciplinary action is imposed. A sample order can be downloaded on the websites of the electronic legal systems Garant and Consultant plus;
give the employee to read the text of the order.

Dismissal and prosecution can be issued either as a separate order or in two separate orders.

The failure of the employee to fulfill his labor duties is indicated as the reason for the early termination of labor relations. In addition, the text provides links to the details of the acts of violations previously adopted in relation to the employee.

The employee has the right to disagree with the legality of the punishment and file a complaint with the labor inspectorate.

Dismissal procedure

To prevent an employee from challenging the dismissal, the employer must strictly follow the procedure prescribed by law.

The procedure should be as follows:

Prove that the employee has an outstanding penalty (give the order number, the act adopted by the commission).
To oblige the employee to write an explanation or to certify a refusal.
Create a commission and study all significant circumstances of the incident.
Check for the existence of circumstances precluding the possibility of dismissing the employee.
Draw up an order and familiarize the employee with it.
Write down the reason for dismissal in the work book.
Issue all required documents, pay off the salary (for the actual hours worked) and pay monetary compensation for unused vacation.

Information that an employee is forcibly deprived of his place of work must be submitted in a timely manner to all the necessary authorities: to bailiffs (if there is a writ of execution for the employee), to the military registration and enlistment office (if the citizen is liable for military service), to the pension fund and the employment service.

A deviation from the established procedure will lead to the fact that the employee, despite being guilty of an official misconduct, will be reinstated in office. This is not uncommon in jurisprudence... The employer will have to compensate him for moral damage and pay salaries for the time that the employee was considered dismissed from the organization.