The disciplinary responsibility of medical workers is regulated by the norms Labor Code RF, namely Chapter 30 "Labor Discipline".
Disciplinary liability is provided for the commission of a disciplinary offense:
- non-fulfillment by the employee of the tasks assigned to him job duties,
- improper performance by the employee of such duties.
The disciplinary responsibility of a health worker can only come in the presence of the following factors:
- Illegal behavior of a medical worker, expressed both in action and inaction. Those. such behavior that violates the norms of labor or other legislation providing for professional duties medical worker. Such a violation may be late for work, the employee's refusal to comply with the lawful instructions of the employer, failure to issue mandatory medical documentation.
- Failure to perform or improper performance of labor duties. The general duties of an employee are established by the Labor Code of the Russian Federation, special - by the rules of the internal work schedule as well as an employment contract. Such violations may be failure to fulfill obligations under employment contract, violation job descriptions, orders of leaders.
- The presence of a causal relationship between the action of a medical worker and the onset of the corresponding negative consequences. The employer needs to prove that it was this action of the doctor or his inaction that led to the corresponding result.
- The guilty nature of the act, i.e. the violation must be committed intentionally or negligently. However, the failure of a medical worker to perform labor duties for reasons beyond his control (for example, due to a state of health that impedes the performance of work) is not a disciplinary act, since in this case the employee is not at fault.
Bringing to disciplinary responsibility is possible only under the combination of all 4 conditions.
The employer has the right to apply the following disciplinary sanctions:
- comment;
- rebuke;
- dismissal for appropriate reasons.
Such grounds may be repeated non-fulfillment by a health worker without good reasons labor duties, if he already has a disciplinary sanction; a single gross violation of labor duties, for example, absenteeism, the appearance of a health worker at work in a state of alcohol intoxication disclosure of medical confidentiality. Only one disciplinary sanction may be applied for a violation.
Before imposing a penalty, the employer must request a written explanation from the employee. Such an explanation can be submitted within two working days, otherwise an appropriate act is drawn up.
At the same time, the absence of an explanation from the employee is not an obstacle to imposing disciplinary action, which means that the decision will be made without appropriate explanations from the direct participant in the events. The terms for applying a disciplinary sanction are no later than one month from the date of discovery of the misconduct.
The period does not include:
- worker illness,
- stay on vacation,
- taking into account the opinion of the representative body of workers.
A disciplinary sanction shall not be applied later than six months from the day the offense was committed. The order to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance. The removal of a disciplinary sanction occurs after a year from the date of its imposition, if the employee during this period was not subjected to a new disciplinary sanction.
An early disciplinary sanction may be lifted:
- at the initiative of the employer,
- at the request of the employee
- at the request of his immediate supervisor or a representative body of employees.
CHAPTER 6 LABOR DISCIPLINE. DISCIPLINARY AND MATERIAL RESPONSIBILITY OF HEALTH WORKERS
CHAPTER 6 LABOR DISCIPLINE. DISCIPLINARY AND MATERIAL RESPONSIBILITY OF HEALTH WORKERS
Labor discipline - obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, local regulations, an employment contract (Article 189 of the Labor Code
RF).
The discipline of medical workers consists in obligatory observance by them of the established rules and norms of behavior. The main duties of employees in the organization are enshrined in the internal labor regulations, charters, regulations on discipline, regulations on structural divisions, job descriptions, as well as in the employment contract.
The employer is obliged to create the conditions necessary for employees to comply with labor discipline.
Internal labor regulations - local normative act regulating, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other regulatory issues labor relations from this employer.
To date, there is no provision for the adoption of standard and sectoral rules of internal labor regulations. These rules are adopted at the local level - in organizations independently. Usually, the internal labor regulations are an annex to the collective agreement.
According to Art. 191 of the Labor Code of the Russian Federation, the employer encourages employees who in good faith fulfill their labor duties (announces gratitude, gives out a bonus, awards with a valuable gift, a certificate of honor, presents to the title of the best in the profession). Other types of incentives for employees for work are determined collective agreement or internal labor regulations, as well as statutes and regulations on discipline. Employees can also be encouraged for increasing labor efficiency, improving the quality of labor results, careful attitude to the entrusted property, continuous excellent work, performing additional assignments and other cases of activity. Incentives stimulate the activity of employees who work more efficiently. Through local legal regulation, it is possible to establish honorary titles for employees of the organization, provide additional pay
paid vacations, payment for tuition by new promising professions. The employer independently determines the forms of securing additional incentives. But here it should be emphasized that the use of incentive measures is a right, not an obligation of the employer.
One of the types of incentives for citizens for high professional excellence and many years of conscientious work are honorary titles of the Russian Federation. They are assigned to highly professional workers for their personal merits in accordance with the Decree of the President of the Russian Federation of December 30, 1995? 1341 "On the establishment of honorary titles Russian Federation, approval of regulations on honorary titles and description of the badge for honorary titles of the Russian Federation”. For example, Honored Doctor of the Russian Federation, Honored Lawyer of the Russian Federation, Honored Scientist of the Russian Federation, Honored Health Worker of the Russian Federation, etc. The awarded specialists are provided with appropriate over-tariff payments.
Based on Art. 63 of the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, medical and pharmaceutical workers have the right to ensure the conditions for their activities in accordance with labor protection requirements. Occupational safety is a system for preserving the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures. From a legal point of view, labor protection is considered as a separate institution labor law which incorporates legal norms aimed at ensuring safe working conditions. Safe conditions labor- these are working conditions under which the impact on workers of harmful and (or) dangerous production factors excluded or the levels of their impact do not exceed the established standards.
In accordance with Art. 192 of the Labor Code of the Russian Federation for committing disciplinary action, those. 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: 1) remark; 2) reprimand; 3) dismissal on appropriate grounds.
Disciplinary responsibility employees is an independent type of legal responsibility. Clarifications on this issue were given by the decision of the Plenum of the RF Armed Forces of December 28, 2006? 63 “On introducing amendments and additions to the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004? 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"". The basis for the imposition of a disciplinary sanction is a disciplinary offense. As explained in the resolution, “this may be a violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. (p. 35)”.
A disciplinary offense is a type of offense committed in labor relations. Composition of a disciplinary offense includes 4 elements: subject, subjective side, object, objective side. In this case, the subject of a disciplinary offense is an employee who is in labor relations with the employer. The subjective side of a disciplinary offense is the fault of the employee in any form (intention or negligence). The objective side of a disciplinary offense can be expressed in the form of action or inaction. Only such unlawful actions (inaction) of an employee that are directly related to the performance of his labor duties can be recognized as a disciplinary offense.
Disciplinary responsibility of a medical worker - this is a private version of legal liability that occurs in case of violation of labor duties. It should be emphasized that we are talking about a violation of the labor duties of a medical worker. In medical activity, which is devoted to issues of human life and health, as in no other area of public relations, aspects of responsibility must be clearly developed and identified, since offenses committed in the healthcare sector are of particular importance.
Illegal for a medical worker will be late for work, absenteeism, appearing at work in a state of intoxication. Refusal to execute the lawful order of the head of the healthcare institution, non-compliance with the rules for working on the relevant medical equipment, the rules for storing narcotic and other medicines will also be equally unlawful.
An important feature legal status medical workers with regard to disciplinary responsibility is their kind of double status - as employees of this particular medical institution and as doctors by profession. In other words, the professional duties of medical workers are wider than their labor duties performed at the place of work.
The employer, before applying a disciplinary sanction, is obliged to comply with a certain procedure. First, it is necessary to demand an explanation from the employee who has committed a disciplinary offense. The period during which the employee can give such an explanation is 2 working days. An employee who has committed a disciplinary offense shall provide the employer with a written explanation explaining the reasons for the misconduct and the circumstances under which it was committed. An explanation is a guarantee that the imposition of a penalty will be carried out lawfully. If the employee refuses to give the specified explanation, an appropriate act is drawn up. The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction. A disciplinary sanction is applied no later than 1 month from the date of discovery of the misconduct, not counting the time of the employee’s illness, his stay on vacation, as well as the time necessary
to take into account the opinion of the workers' representative body. A disciplinary sanction may not be applied later than 6 months from the day the offense was committed. According to part 5 of Art. 193 of the Labor Code of the Russian Federation, it is not allowed to apply several disciplinary sanctions for the same offense. If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction (Article 194 of the Labor Code of the Russian Federation).
Material liability an employee for damage caused to an employer is regulated by chapters 37 and 39 of the Labor Code of the Russian Federation. By agreement of the parties, a written, specific agreement on liability may be attached to the employment contract. At the same time, according to Part. 2. Art. 232, the contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher than provided for by the Labor Code or other federal laws. Employee obliged to reimburse direct actual damage caused to the employer. However, lost income (lost profit) is not subject to recovery from the employee.
In accordance with Art. 11 "Regulations on the liability of workers and employees for damage caused to an enterprise, institution, organization", approved by the Decree of the Presidium of the Supreme Soviet of the USSR of July 13, 1976, written contracts on full material liability can be concluded by a specific institution with employees (who have reached the age of 18) occupying positions or performing work directly related to the circulation of material values. In the health care industry, such workers include, for example, chief and chief nurses of health organizations; heads and other heads of pharmacy and other pharmaceutical organizations, departments, points, their deputies, pharmacists, technologists, pharmacists; deputy chief physicians for economic affairs, as well as housewives.
According to Art. 233 of the Labor Code of the Russian Federation material liability of the party to the employment contract is liable for damage caused by it to the other party to this contract, as a result of its guilty unlawful behavior (action or inaction), unless otherwise provided by applicable law.
To bring an employee to liability, it is necessary to find out the amount of damage caused by him, the circumstances of the case, the form of guilt, which are established by the accounting data (inventory reports, audits, etc.), the materials of the internal investigation, and in certain cases- materials of a criminal case or a case on an administrative offense. The material liability of the employee occurs in the presence of the following conditions: a) unlawful behavior (action or inaction) of the tortfeasor; b) a causal relationship between the illegal action and material damage; c) guilt in committing an unlawful action (inaction).
In accordance with Art. 238 of the Code, the employee is obliged to compensate the employer for the damage caused to him direct actual damage, which is understood as a real decrease or deterioration of the employer's cash property, as well as the need for the employer to make expenses or excessive payments for the acquisition, restoration of property or for compensation for damage caused by the employee to third parties.
Material liability employee for damage caused to the employer, acts as one of the means of protecting various forms of ownership, enshrined in Art. 8 of the Constitution of the Russian Federation. She is also an independent form of legal responsibility, which is the obligation of employees to compensate the employer for the damage caused. Direct actual damage may include, for example, a shortage of monetary or property values, damage to materials, including medical, medical equipment, expenses for the repair of damaged property, payments for the time of forced absenteeism or downtime, the amount of the fine paid.
The Labor Code of the Russian Federation provides for two types of material liability of an employee for damage caused to the employer: limited and full liability.
Limited Liability consists in the obligation of the employee to compensate the direct actual damage caused to the employer, but not exceeding the maximum limit established by law, determined in relation to the amount of wages received by him. In accordance with Art. 241 of the Code, such a maximum limit is the average monthly earnings of an employee.
Full liability damage caused to the employer can be attributed to the employee only in cases expressly determined by the Labor Code of the Russian Federation or other federal laws. The list of cases of full liability of employees is established by Art. 243 of the Code. For example, this is a shortage of narcotic or psychotropic drugs, etc. Agreements on full liability are concluded according to the rules established by Art. 244 TK
RF.
It must be emphasized once again that the liability of employees is an independent type of liability. Therefore, damages are compensated regardless of bringing the employee to disciplinary, administrative or criminal liability.
And about one more important individual institution of labor law - the protection of the labor rights of workers. The main ways to protect the labor rights and legitimate interests of employees in accordance with the current legislation are: state supervision and control over compliance with labor law; protection of labor rights of workers by trade unions and, finally, self-defense of labor rights by workers. The employer and his representatives do not have the right to prevent employees from exercising self-protection of labor rights. Harassment of employees for using legal
the legislation prohibits methods of self-defense of labor rights (Article 380 of the Labor Code of the Russian Federation).
In case of occurrence individual labor dispute those. unresolved disagreement between the employer and the employee on the application of laws and other regulatory legal acts containing labor law, collective agreement, agreement, labor contract (including the establishment or change of individual working conditions), the medical worker has the right to apply to the relevant authorities . Such bodies for consideration of individual labor disputes are special commissions on labor disputes, courts general jurisdiction and magistrates.
Medical law: educational complex for universities / Sergeev Yu.D. - 2008. - 784 p.
Chief physician N 5, 2013
Krochin T.O.
Lawyer, specialist in labor law (Moscow)
In my practice as a lawyer, I often come across claims by employees against employers who have applied disciplinary sanctions against them, and I am amazed at how often employers make elementary mistakes when formalizing their actions. I hope that this article will help the heads of government bodies and healthcare institutions to avoid such mistakes, to act competently, in accordance with the law.
Disciplinary responsibility of medical workers - the responsibility of workers according to the rules of internal labor regulations, in order of subordination. The basis of disciplinary responsibility is a disciplinary offense - a guilty violation of the rules of discipline and other duties assigned to a person in connection with his work, study and other labor (service) activities in this organization. The grounds for disciplinary liability may also be administrative offenses and immoral acts. Measures of disciplinary responsibility are remark, reprimand, severe reprimand, dismissal. On this account, in Part 1 of Article 192 of the Labor Code of the Russian Federation it is written: “For committing 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) reprimand; 3) dismissal on appropriate grounds".
Conditions for bringing an employee to disciplinary liability
An employee may be brought to disciplinary liability for committing a disciplinary offense if the following conditions are met:
- unlawful behavior of the employee;
- non-fulfillment or improper fulfillment of labor duties assigned to him;
- the presence of a causal relationship between the illegal action (inaction) and the resulting damage (material and moral);
- the guilty nature of the employee's actions, i.e. if they are committed intentionally or by negligence.
Let's take a closer look at each of these conditions.
Employee misbehavior
Illegal is such behavior (action or inaction) of a medical worker that violates one or another rule of law, does not comply with laws or other regulatory legal acts, incl. determining the official duties of the employee (job descriptions, orders, contracts, etc.). Illegal inaction is expressed in the failure to perform those actions that the employee medical institution had to do.
Example 1
The head physician issued an order to reprimand the medical statistician V. She was late at work, preparing the annual report. Leaving, she locked her office and the department, which occupied half a floor, and handed over the keys to the guards. The next morning it turned out that a patient remained in the department all night, having fallen asleep in the corner in front of the office of the deputy head physician. When he woke up, he could not leave the department, shouted, knocked - it was useless. The situation was aggravated by the fact that he went to the clinic to sign a certificate before working the night shift. As a result, he was put absenteeism, threatened with dismissal. Naturally, the patient wrote a complaint to the clinic. The result of the complaint was a reprimand for the medical statistician.
The court declared the reprimand unlawful, since there is not a single normative document, which would oblige the medical statistician to check the premises on the floor where his office is located before leaving work.
Failure to perform or improper performance of labor duties assigned to the employee
The list of general labor duties is established by the Labor Code of the Russian Federation (Article 21 "Basic rights and obligations of an employee"), and private labor duties - by internal labor regulations, as well as individual labor contracts.
Failure to perform or improper performance by an employee of labor duties without good reason includes, in particular, violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the head, technical rules, etc., violation labor discipline.
Example 2
By order of the chief doctor of the operating room hospital nurse M. was reprimanded for failing to perform his duty of counting the instruments issued to the surgeon and returned after use. During the operation, a clamp was forgotten in the patient's abdomen. The forgotten clamp was discovered 24 hours after the operation during a plain radiography of the abdominal cavity on suspicion of intestinal obstruction. The patient underwent relaparotomy, the instrument was removed. Subsequently, the postoperative period passed without complications.
Operating nurse M. did not agree with the announced reprimand, as she did not consider herself obliged to monitor the return of the instruments. In her opinion, her duties include only counting the issued and returned consumables (napkins, tampons, etc.), and the doctor should monitor the instruments. The nurse sued.
The court found the penalty imposed on M. unlawful. Consider the arguments of the court.
By virtue of labor legislation, for violation of labor discipline, the administration imposes a disciplinary sanction on the guilty employee. The basis for the application of a disciplinary sanction is a disciplinary offense. When imposing a disciplinary sanction, the severity of the misconduct committed, the circumstances under which it was committed, the previous work and the behavior of the employee must be taken into account.
The court asked to be presented with regulatory requirements for organizing control over the return of used instruments issued to surgeons during an operation - the defendant was unable to submit such documents to the court. The court analyzed the job descriptions of the operating room nurse and surgeon and did not find any mention of the need to control the return of used instruments and Supplies. The court interviewed several witnesses from different hospitals - operating surgeons and operating room nurses. Everyone was asked how the account of consumables and instruments was organized during the operation. All respondents answered that the operating room nurse is responsible for accounting for "expenses" and instruments. It is the surgeon's task to ask the nurse before closing the wound whether the number of items issued and returned matches. Thus, the control of the return of instruments and consumables is de facto assigned to operating nurses. Although in most hospitals this responsibility is not enshrined in job descriptions.
In this case, the surgeon did not question the nurse about the return of the instruments, which he did not deny in his testimony at trial as a witness. According to him, he was used to the sisters warning the doctors if they suspected that something was forgotten in the abdominal cavity. The nurse, according to her testimony, did not count the instruments, since she believed that she was obliged to count only the issued napkins. Could the nurse not know about the need to control the return of instruments? The court took into account that the operating room nurse M. is a young specialist and has been working in the operating unit of the hospital for only 4 months, so she could not be aware of the established practice of controlling the return of instruments and consumables, which was not enshrined in her job descriptions.
Thus, the recovery is illegal, because. was imposed unreasonably. The nurse did not violate the requirements of job descriptions. The court issued a private ruling against the head of the operating unit and the head nurse, who agreed on incomplete job descriptions for the employees of the operating unit before being approved by the head physician. The court also issued a private ruling against the director of the medical school where nurse M. studied - it did not provide her with knowledge of the common standard practice for controlling the return of instruments and consumables in operating rooms.
Thus, the labor duties of each employee must be documented (in labor contracts, job descriptions, internal labor regulations) and all employees must be familiarized with their labor duties. Only after this, labor duties become mandatory for the employee and their failure to perform or improper performance will be the basis for bringing him to disciplinary responsibility. The procedure for familiarization with duties is not regulated, therefore, the employer can choose any of the options: the employee's signature on the document or the journal / familiarization sheet.
Example 3
The concept of labor discipline. According to Art. 189 of the Labor Code, the employee is obliged to obey the rules defined by law and corporate regulations. This common obligation of all employees is supplemented for each individual functional responsibilities for his specific position, work, labor function, provided for by job descriptions,
Labor discipline - This is the exact performance by the employee of his labor duties.
TC regulates only the main issues of labor discipline. For certain categories of workers, there are special regulations, which are usually called statutes on discipline. There is a block of issues related to labor discipline, which are regulated at the enterprise independently. They are reflected in the Internal Labor Regulations, which are approved by the employer, taking into account the opinion of the representative body of the staff. In addition, discipline issues can be regulated in special corporate acts, for example, in the Regulations on discipline, Regulations on the procedure for imposing disciplinary sanctions.
Discipline depends on two factors: a) the desire with which the orders and orders of the administration are carried out; b) perception of rules and standards in work. In order for these two factors to be fully combined with each other, which means that discipline is constructive, corporate rules must be reasonable and appropriate. The number of corporate regulations should be kept to a minimum and they should be published or otherwise brought to the attention of employees in writing. Their additional oral explanation is also useful. The main principle in this case is the desire to harmonize the interests of workers and administration.
Labor discipline is ensured by the sum of two components: the application of incentive measures and the imposition of measures of legal (disciplinary) responsibility.
incentive measures. It can be noted that the obstacles to their corporate regulation are almost removed. Article 1 9 1 of the Labor Code of the Russian Federation contains only rough list incentives that can be supplemented by the organizations themselves.
These include: announcement of gratitude, issuance of an award, awarding a valuable gift, a certificate of honor, presentation to the title of the best in the profession. For special labor merits, employees can be presented to state awards. Other incentives may be provided for by the internal rules and regulations on discipline. The regulator in the application of incentive measures is the amount of financial resources available to employers.
The issue of incentives is sometimes associated, and, it should be noted, rightly, with personnel issues. For example, in such regulatory acts of an enterprise as “On the procedure for creating reserves of managerial personnel”, “On attestation”, it is envisaged as incentives promotion to a managerial position, enrollment in the reserve of executives, promotion to a higher position etc.
According to current legislation multiple incentives can be combined. For example, an employee may be thanked with the simultaneous presentation of a cash bonus.
All merit awards announced in the order administration, are brought to the attention of the labor collective and are entered in the appropriate section work book worker.
In addition to incentive measures, corporate acts may establish benefits and benefits for employees, successfully and conscientiously fulfilling their labor duties. First of all, they are provided with advantages and benefits in the field of socio-cultural and housing and consumer services (vouchers to sanatoriums, rest houses, tourist trips, living space, etc.).
Disciplinary responsibility. It has to be applied to employees who are guilty of not fulfilling their labor duties, that is, for disciplinary offenses.
Disciplinary responsibility is the application of measures of discipline disciplinary sanction against employees for non-fulfillment or non-compliance proper performance of their duties.
For violation of labor duties, the administration may apply the following disciplinary sanctions (Article 1 9 2 of the Labor Code):
comment;
rebuke;
dismissal.
When imposing disciplinary liability, the administration must take into account the severity of the offense previous and subsequent behavior of the employee. The choice of a specific measure of disciplinary responsibility depends on the administration.
Persons guilty of violating their labor duties should be subject to disciplinary responsibility, i.e. deliberately or by negligence. Failure by an employee to perform labor duties for reasons beyond his control cannot be qualified as a disciplinary offense.
Analysis of Art. 192 of the Labor Code allows us to consider that the legislator has provided the opportunity to establish penalties also in corporate acts (charters, regulations on discipline, etc.). Thus, he finally abandoned their exhaustive list in the new Labor Code. And this is absolutely fair. Each worker applies his labor in a particular enterprise and in specific conditions of production. It is here that not only the results of labor are revealed, but also labor incentives and counter-stimuli. Therefore, it is expedient to leave both the encouragement of the best and the punishment of negligent workers to the discretion of the collectives, which would establish this on the basis of the possibilities available to them. However, the state must guarantee the employee that he cannot be fired without any reason. The freedom to apply such a harsh sanction as dismissal is limited by law. Sanctions can be very different. In one case, a sanction in the form of deprivation of business trips (abroad) will be effective, in another - assignment of work related to business trips, in the third - deprivation of non-attendance days, in the fourth - assignment to work with a traveling nature, in the fifth - deprecation of bonuses, in the sixth - deprivation of a free ticket, etc.
In a word, the institution of disciplinary responsibility, in addition to dismissal, will most likely move into the sphere of corporate regulation in the future.
It is rightly considered that financial responsibility is more effective than disciplinary one. But the possibility of its application is associated with the presence material damage. But what if the misconduct did not cause real material harm and the administration has no desire to part with the employee? Taking into account the low efficiency of the disciplinary sanctions provided for by law, since they are not directly related to the purpose of labor - the receipt of remuneration, it seems necessary to legislatively provide for the introduction of a material sanction universal for all enterprises - fine. Practice is already on this path. So, at the Yuzhnouralskaya GRES, the appearance at the workplace under the influence of alcohol is now "estimated" by a hefty fine. At the Krasny Oktyabr confectionery, fines are called forfeits, and a whole system of them is applied. Now the legality of such a disciplinary sanction is not in doubt. At the same time, if practice shows the effectiveness of this sanction, perhaps the Labor Code should be supplemented in this part? It seems that if the amount of fines, the types of misconduct for which they can follow, the procedure for imposing them within certain limits were determined by the entrepreneur independently, this would not lead to the disorganization of the social system as a whole.
The fact that material sanctions are very effective is also confirmed by many years of experience in the application of corporate bonus deduction certificates at many enterprises. The Regulations on bonuses, as well as the Regulations on the payment of remuneration based on the results of work for the year (13th salary), as a rule, provide for a list of production omissions for which the employee is deprived of bonuses in whole or in part. Most often, this list includes the following offenses: repeated violation of labor discipline, drunkenness at work, theft, absenteeism, production of low-quality products, violation of technological, fire, sanitary rules, etc.
But even all these measures are not a 100% guarantee of improving labor discipline. The shortage of personnel, the interest of the administration in the worker more than he is in work, do not allow building illusions on this score. In addition, the effectiveness of disciplinary measures depends entirely on the degree of rationalization of the economic and management system, and not on the force of coercion or the educational impact of persuasion.
A doctor may be brought to administrative, disciplinary, civil or criminal liability.
According to Article 189 of the Labor Code of the Russian Federation, labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract.
According to Article 192 of the Labor Code of the Russian Federation For committing 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) reprimand;
- 3) dismissal on appropriate grounds.
Federal laws, charters and regulations on discipline (part five of Article 189 of this Code. Charters and regulations on discipline established by federal laws apply to certain categories of employees) other disciplinary sanctions may also be provided for certain categories of employees.
Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5 (repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction), 6 (single gross violation employee of labor duties: a) absenteeism, that is, absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift);
- b) the appearance of the employee at work (at his workplace or on the territory of the organization - the employer or the facility, where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication;
- c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;
- d) committing at the place of work theft (including small) of another's property, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
- e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;), 9 (acceptance unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, resulting in a violation of the safety of property, its illegal use or other damage to the property of the organization) or 10 (single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties) of the first part of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7 (commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer), 7 .1 (the employee’s failure to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or inaccurate information about his income, expenses, property and liabilities of a property nature, or failure to provide or submit knowingly incomplete or inaccurate information about income, expenses , on the property and property obligations of their spouse and minor children, opening (presence) of accounts (deposits), keeping cash Money and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments employee, his spouse (wife) and minor children in the cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to loss of confidence in the employee on the part of the employer) or 8 (committing an employee performing educational functions, an immoral offense incompatible with the continuation of this work) of part one of Article 81 of this Code in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense were committed by the employee at the place of work and in connection with the performance of his labor responsibilities.
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.
Thus, an employee may be brought to disciplinary responsibility for committing a disciplinary offense if the following conditions are met:
- 1) unlawful behavior of the employee. Illegal is such behavior (action or inaction) of a medical worker that violates one or another rule of law, does not comply with laws, other regulatory legal acts of the Russian Federation that regulate medical activity, including the defining job responsibilities employee (job descriptions, orders, contracts, etc.). Illegal inaction is expressed in the failure to perform those actions that the employee of the medical institution was obliged to perform;
- 2) failure to perform or improper performance of labor duties assigned to him. The list of general labor duties is established by the Labor Code of the Russian Federation. According to Article 21 of the Labor Code of the Russian Federation, the Employee is obliged: to conscientiously fulfill his labor duties assigned to him by the employment contract; observe the rules of internal labor regulations; observe labor discipline; comply with established labor standards; comply with the requirements for labor protection and ensuring labor safety; take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees; immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property). The list of special labor duties is established by charters and regulations on discipline approved by the Government of the Russian Federation, private ones - by internal labor regulations, as well as individual labor contracts.
Failure to perform or improper performance by an employee of labor duties without good reason includes, in particular, violation of the requirements of the law, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the head, technical rules, etc., violation of labor discipline.
- 3) the existence of a causal relationship between the illegal action (inaction) and the resulting damage (material and moral). The causal relationship establishes the dependence of the onset of negative consequences on actions medical personnel. Establishing a causal relationship implies proving that the wrongful act was the objective and direct cause of the negative consequences.
- 4) the guilty nature of the employee's actions, i.e. if they are committed intentionally or through negligence. An obligatory element of the composition of a disciplinary offense is the fault of the employee in any form (committing an action intentionally or through negligence). Guilt expresses the mental attitude of the violator of labor discipline to his misconduct. According to Article 401 of the Civil Code of the Russian Federation, a person who has not fulfilled an obligation or has performed it improperly, is liable if there is fault (intent or negligence), except when other grounds for liability are provided for by law or an agreement.
A person is recognized innocent if, with the degree of care and diligence required of him by the nature of the obligation and the conditions of turnover, he took all measures for the proper performance of the obligation.
Article 98 federal law RF "On the fundamentals of protecting the health of citizens in the Russian Federation" Bodies state power and local governments, officials organizations are responsible for ensuring the implementation of guarantees and observance of the rights and freedoms in the field of health protection established by the legislation of the Russian Federation.
Medical organizations, medical workers and pharmaceutical workers are liable in accordance with the legislation of the Russian Federation for violation of rights in the field of health protection, causing harm to life and (or) health when providing medical care.
Damage caused to the life and (or) health of citizens in the provision of medical care to them is compensated medical organizations in the amount and in the manner established by the legislation of the Russian Federation. According to article 1084 of the Civil Code of the Russian Federation Harm caused to the life or health of a citizen in the performance of contractual obligations, as well as in the performance of duties military service, service in the police and other relevant duties is compensated according to the rules provided for by this chapter (Chapter 59. Obligations due to causing harm of the Civil Code of the Russian Federation), unless a higher amount of liability is provided for by law or an agreement.
Compensation for harm caused to the life and (or) health of citizens does not release medical workers and pharmaceutical workers from bringing them to responsibility in accordance with the legislation of the Russian Federation.