Public recognition of the results of work of employees. Regulation on non-material incentives (development example). Labor discipline is a necessary prerequisite for any organized collective labor.

Encouragement is a public recognition of the results of high-performance, high-quality, impeccable work of employees.

The basis for applying incentive measures to an employee is his conscientious effective work, i.e.

Impeccable performance of labor duties, increasing labor productivity, improving product quality, continuous conscientious work, as well as other achievements in work.

In the charters and regulations on discipline, the grounds for the application of incentive measures are specified in relation to the peculiarities of working conditions in specific industries (fields of activity). So, for example, incentives are applied to maritime transport workers for reasonable initiative and creative activity, rationalization and inventive activity, fulfillment of individual orders and other achievements in work184.

The grounds for the application of incentive measures may be specified by the rules of the internal work schedule in relation to the tasks of the respective organization.

Incentive measures are subdivided: according to the method of impact on employees - into moral and material, according to registration and fixing in legal acts - into legal and non-legal, according to the scope - general, applied to any employees, and special, as well as according to the bodies applying them185.

Depending on the social significance of the employee's merits, incentive measures are divided into two types: incentives for success in work and incentives for special labor merits.

Types of incentives for success in work and the procedure for their application. In accordance with Article 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform their labor duties by declaring gratitude, issuing a bonus, awarding a valuable gift, a certificate of honor, and nominating them to the title of the best in the profession.

The list of incentive measures given in the first part of Article 191 of the Code is exemplary. Federal laws and other regulatory legal acts, charters and regulations on discipline may establish other additional incentives. So, for example, to employees customs authorities incentive measures such as awarding the Certificate of Honor of the State Customs Committee may be applied Russian Federation; awarding badges "Honorary Customs Officer of Russia", "Excellent customs service»; early assignment of the next special rank; awarding personalized weapons; assignment of the next special rank one step higher than the corresponding position; early removal of a previously imposed disciplinary sanction186.

The list of incentive measures established by Article 191 of the Code, others federal laws, as well as charters and regulations on discipline, can be specified or expanded in relation to work in a separate organization in the internal labor regulations approved by the employer, taking into account the opinion of the representative body of the employees of the organization, or in a collective agreement.

Before the adoption of a new Labor Code the employer could apply incentives only jointly or in agreement with the relevant elected trade union body operating in the organization. Now the procedure for applying incentive measures is not established by the Code, therefore the employer has the right to determine it at his own discretion.

In the charters and regulations on discipline, the procedure for applying incentive measures, as a rule, is regulated in detail. So, for example, in accordance with the Regulations on the discipline of railway workers of the Russian Federation, the following procedure applies in the railway transport system:

a) every leader has the right to express gratitude;

b) the announcement of gratitude in the order, the issuance of a bonus, the awarding of a valuable gift, a Certificate of Honor are made by the head who has the right to hire this employee;

c) awarding the badge "Honorary Railway Worker" is made by order of the Minister of Railways of the Russian Federation187.

An employer can simultaneously apply several incentive measures to an employee (for example, an employee can be thanked and given a cash bonus, he can be awarded a Certificate of Honor with a valuable gift, etc.).

Incentives are issued by order (instruction) of the employer. The order establishes for what kind of success in work the employee is encouraged, and also indicates a specific incentive measure.

In some cases, the charters (regulations) on discipline establish additional rules application of incentives. For example, the Disciplinary Charter of the paramilitary mine rescue units for servicing mining enterprises in the metallurgical industry establishes that incentives must be announced before formation or at a meeting of paramilitary personnel188.

Rewards for special labor merits.

For special labor services to society and the state, employees can be nominated for state awards of the Russian Federation, which are the highest form of encouraging citizens for outstanding services in protecting the Fatherland, state building, economy, science, culture, art, education, education, health protection, life and rights of citizens and other outstanding services to the state.

In accordance with paragraph "c" of Article 71 of the Constitution of the Russian Federation, the establishment of state awards and honorary titles of the Russian Federation is within the competence of state authorities of the Russian Federation. The right to award state awards of the Russian Federation and confer honorary titles of the Russian Federation and the highest special titles belongs to the President of the Russian Federation (paragraph “b” of Article 89 of the Constitution of the Russian Federation). The President of the Russian Federation issues decrees on the establishment of state awards and on the awarding of state awards, and also presents these awards. On his behalf and on his behalf, state awards can be presented by: federal bodies state power; Head of the Office of the President of the Russian Federation for State Awards; heads of state authorities of the constituent entities of the Russian Federation; authorized representatives of the President of the Russian Federation, etc.

State awards of the Russian Federation in accordance with the Regulations on State Awards of the Russian Federation189 are: the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation; honorary titles of the Russian Federation.

The title of Hero of the Russian Federation is awarded for services to the state and the people associated with the accomplishment of a heroic deed. In order to distinguish citizens awarded this title, a sign of special distinction was established - the Gold Star medal190.

In order to encourage citizens for high professional excellence and many years of conscientious work By the Decree of the President of the Russian Federation of December 30, 1995 “On the establishment of honorary titles of the Russian Federation, the approval of the regulations on honorary titles and the description of the badge for honorary titles of the Russian Federation”191, more than 50 honorary titles were introduced, among them: “People’s Artist of the Russian Federation", "People's Artist of the Russian Federation", "Honored Agronomist of the Russian Federation", "Honored Architect of the Russian Federation", "Honored Test Pilot of the Russian Federation", "Honored Lawyer of the Russian Federation". Honorary titles are awarded to highly professional employees for their personal merits. To receive an honorary title, you must have worked in the relevant industry for at least 10 or 15 years.

The federal law “On Veterans” establishes the title “Veteran of Labour”192. In accordance with the Regulations on the procedure and conditions for conferring the title of “Veteran of Labour”193, this title is awarded to: the length of service required for the appointment of an old-age or superannuation pension; b) persons who started labor activity as a minor during the Great Patriotic War and having a work experience of at least 40 years for men and 35 years for women.

Civil servants and other citizens of the Russian Federation, whose work has earned wide recognition due to their personal contribution to the implementation of social and economic policy states are subject to the award of the Honorary Diploma of the Government of the Russian Federation194.

One of the types of encouragement for special labor merits is the awarding of State Prizes in the field of literature and art, science and technology; Prizes of the President of the Russian Federation and Prizes of the Government of the Russian Federation.

The Labor Code of the Russian Federation established the obligation of the employer to contribute to work book information about incentives and rewards for the employee. New Code(Article 66) no longer requires the employer to enter all information about incentives in work books. Information about state awards, as well as other employee awards for success in work, is entered in his work book in without fail.

Previously, the Labor Code of the Russian Federation prohibited the use of incentives during the period of the disciplinary sanction. The Labor Code of the Russian Federation does not contain such a prohibition, therefore, the employer acts in these cases at his own discretion.

The application of incentive measures to employees is a recognition of their labor merits and a certain incentive for future productive work, increased interest in the proper performance of labor duties, and advanced training. Financial incentives also improve the quality of life of workers and their families, which as a result leads to the creation of a favorable microclimate in the workforce and family.

Incentive measures for employees who conscientiously perform labor duties can be applied directly by the employer, and for special labor services to society and the state, the employee is encouraged by state awards (Article 191 of the Labor Code of the Russian Federation).

According to the method of establishing the incentive measures applied by the employer can be classified into three groups:

provided for by the Labor Code of the Russian Federation;
provided for by other federal laws, charters and regulations on discipline;
established collective agreements and II VTR, valid for an individual employer.

The Labor Code of the Russian Federation provides for incentive measures common to all employees: bonuses, awarding with a valuable gift or a certificate of honor, acknowledgment and promotion to the title of the best in the profession (part 1 of article 191).

Other federal laws, charters and regulations on discipline establish additional incentives, including those that reflect the specifics of labor activity. For example, in the Charter on the discipline of workers of the fishing fleet, as additional incentives, entry into the Book of Honor, the Book of the History of the Ship and the Board of Honor, and the award of a badge act as additional incentives.

In Art. 55 of the Federal Law "On the State Civil Service of the Russian Federation" indicates additional incentives applied to civil servants:

declaration of gratitude with the payment of a one-time incentive;
awarding an honorary diploma government agency with the payment of a one-time incentive or with the presentation of a valuable gift;
other types of encouragement and rewarding of the state body;
payment of a one-time incentive in connection with the state pension for long service;
encouragement of the Government of the Russian Federation;
encouragement of the President of the Russian Federation;
assignment of honorary titles of the Russian Federation;
awarding insignia of the Russian Federation;
awarding orders and medals of the Russian Federation.

Employers usually stipulate "their own" incentive measures, both moral and material, in the PWTR and in the collective agreement. These include: vacation summer time; full or partial payment of travel to the place of vacation and back; transfer to a higher position or empowerment of an employee, if direct career(from position to position) is limited for objective reasons; establishment of an individual mode of work; purchase of a voucher for sanatorium treatment, additional medical insurance for the employee and his family members; referral to advanced training courses abroad; awarding the badge "Honorary worker of the organization", "Veteran of the organization", etc.

The legislator does not establish a procedure for applying incentive measures to employees. In practice, the employer issues an order (instruction), which indicates for what success in work the employee is encouraged and what type of encouragement is applied to him (it is possible to combine moral and material incentives), and, as a rule, brings its contents to the attention of other employees .

In addition to the employer, incentive measures in relation to employees can be applied by state authorities, municipal bodies.

In the presence of special labor merits to society and the state, employees can be nominated for state awards.

State awards of the Russian Federation are the highest form of encouragement for citizens for outstanding merits in the defense of the Fatherland, state building, economics, science, culture, art, education, education, health protection, life and rights of citizens, charitable activities and other outstanding services to the state.

Awarding issues are mainly regulated by the Regulations on State Awards of the Russian Federation, approved. Decree of the President of the Russian Federation of September 7, 2010 No. 1099 "On measures to improve the state award system of the Russian Federation".

The system of state awards consists of: the title of Hero of the Russian Federation and Hero of Labor of the Russian Federation; 16 orders of the Russian Federation (for example, the Order of the Holy Apostle Andrew the First-Called, the Order of Alexander Nevsky, the Order of Friendship); 15 medals of the Russian Federation ("For Courage", Pushkin Medal, "For Development railways"and others); insignia "For impeccable service"; "For good deed" and the St. George Cross; 60 honorary titles ("Honored Lawyer of the Russian Federation", "People's Artist of the Russian Federation", "Honored Worker of Healthcare of the Russian Federation", etc. ).

The Regulations on State Awards of the Russian Federation also approved the statutes and regulations on certain types state awards, as well as their description (except for honorary titles). The list of honorary titles of the Russian Federation and the requirements for them are contained in Decree of the President of the Russian Federation of December 30, 1995 No. 1341 "On the establishment of honorary titles of the Russian Federation, the approval of regulations on honorary titles and a description of the badge for honorary titles of the Russian Federation."

In accordance with Art. 89 of the Constitution of the Russian Federation, the right to award state awards and confer titles of the Russian Federation belongs to the President of the Russian Federation.

The decision to award a state award is made by the President of the Russian Federation on the basis of a submission made as a result of consideration of an application for awarding state awards and a proposal from the Commission under the President of the Russian Federation for State Awards.

An application for awarding a state award is initiated at the place of the main (permanent) work of the person nominated for the state award, by groups of organizations or state bodies or local governments.

The authorities of the constituent entities of the Russian Federation and local governments can also encourage employees for success in work, many years of conscientious work and for achievements in certain areas of activity. The form of encouragement can be certificates of honor and Thanksgiving letters, cash prizes and valuable gifts, awarding honorary titles and awarding insignia.

In accordance with Art. 66 of the Labor Code of the Russian Federation, information about awards for success in work is entered in the employee's work book. The rules for maintaining and storing work books, preparing work book forms and providing employers with them specify that all information on awarding (encouragement) for labor merits is entered in the work book: a) on awarding state awards, including the conferment of state honorary titles, on the basis of relevant decrees and other decisions; b) on awarding diplomas, conferring titles and awarding honorary signs, badges, diplomas, produced by organizations (it should be noted that individual entrepreneurs also have the right to encourage employees); c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations, charters and regulations on discipline. Records of bonuses provided for by the wage system or paid on a regular basis are not entered into work books, since such bonuses, in essence, are not an encouragement for work, but an stimulating part of the salary.

Approved Decree of the Government of the Russian Federation of April 16, 2003 No. 225.

The order of people's behavior that meets the norms of law and morality that has developed in society, in a broad sense, is denoted by the concept - "discipline".

In relation to the issue under consideration, in the everyday sense, the category of "labor discipline" is recognized as - strict observance of the established order in production; labor discipline provides for timely arrival at work, compliance with the established length of the working day, rational use time for the most productive (fruitful) work, the exact execution of orders from the administration.

Speaking of state regulation labor relations, the legislator indicates the special definition and content of the concept of "labor discipline" used in labor legislation.

Labor discipline is obligatory obedience for employees to the rules of conduct that are defined by the Labor Code of the Russian Federation, other laws, collective agreements, agreements, labor contracts, internal labor regulations, other local regulations in force in the organization (Article 189 of the Labor Code of the Russian Federation).

To observe labor discipline is the duty of the employee (Part 2 of Article 21 of the Labor Code of the Russian Federation), in our understanding, includes such duties as observing the established working hours, following the instructions of the administration. And the creation of conditions necessary for employees to observe labor discipline is the responsibility of the employer. At the same time, the employer must be guided by the requirements and provisions of the Labor Code of the Russian Federation, laws, other regulatory legal acts, a collective agreement, agreements, local regulations containing norms labor law, an employment contract (part 2 of article 189 of the Labor Code of the Russian Federation).

Protecting the rights and interests of employees is a top priority labor law(Article 1 of the Labor Code of the Russian Federation). The protection of the rights of employees is ensured by the statutory obligation of the employer to comply with labor and labor protection legislation.

Employees are obliged to work honestly and conscientiously, observe labor discipline, follow the employer's orders in a timely and accurate manner, increase labor productivity, improve product quality, comply with technological discipline, labor protection, safety and industrial sanitation requirements, take care of property and the like.

The employer is obliged to properly organize the work of employees and pay them, create conditions for the growth of labor productivity, comply with labor legislation, be attentive to the needs and requests of employees, improve their working and living conditions, and the like.

Security Responsibilities safe conditions and labor protection in the organization are assigned to the employer (Article 212 of the Labor Code of the Russian Federation).

The main responsibilities of employees and employers set out in the Labor Code of the Russian Federation are detailed and concretized, taking into account the characteristics of work, in the Internal Labor Regulations, charters and discipline regulations, in various instructions, in technical rules.

The legislator prescribes, in order to establish the labor schedule of the organization, the provisions developed and formulated in accordance with the rules of law, to be fixed in the internal labor regulations of the organization.

The internal labor regulations of the organization (hereinafter referred to as the Labor Regulations) - as a document called by the legislator "local normative act", is intended to regulate in accordance with the Labor Code of the Russian Federation and other federal laws "the procedure for hiring and dismissing employees, basic rights, duties and responsibilities parties to the employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulating labor relations in the organization ”(parts 3 and 4 of article 189 of the Labor Code of the Russian Federation).

Note.

Defining general provisions procedure for approving the Labor Regulations (Article 190 of the Labor Code of the Russian Federation), the legislator, according to the authors, suggests two possible options settlement of this issue.

1. The employer, taking into account the opinion of the representative body of the employees of the organization, but independently develops and approves the Labor Regulations.

The procedure for communication between the employer and the representative body of employees (trade union body) when adopting the Labor Regulations is governed by the provisions of Article 372 of the Labor Code of the Russian Federation:

The employer, in order to put the Internal Regulations into effect, sends a draft document to the trade union body representing the interests of all or the majority of employees of this organization;

Within 5 days, the trade union body must familiarize itself with the draft, discuss, evaluate the content of the submitted draft Rules, and send the employer a written response - a reasoned opinion on the draft;

If the opinion of the employer does not coincide with the opinion of the trade union body, the employer may agree with the objections and adopt the Rules, taking into account the proposals of the body, or, as the legislator obliges, “to conduct additional consultations with the elected trade union body of workers within three days after receiving a reasoned opinion”;

If after that a “mutually acceptable solution” is not reached, the disagreements are drawn up in a protocol, after which the employer has the right to adopt his own version of the Labor Regulations.

Note.

However, the Labor Code of the Russian Federation allows that a document adopted in this way can be appealed to the appropriate state labor inspectorate or to the court. In addition, the trade union body has the right to initiate the procedure of a collective labor dispute.

Upon receipt of a complaint (application) from an elected trade union body, the State Labor Inspectorate is obliged, within one month from the date of receipt of the complaint (application), to conduct an inspection and in case of detection labor law violations issue an order to the employer to cancel his version of the Labor Regulations. The order is binding.

2. Allowing the possibility of recognizing the Labor Regulations as an annex to the collective agreement (Part 2 of Article 190 of the Labor Code of the Russian Federation), the legislator, apparently, intends to include in the Labor Regulations such provisions, requirements and conditions on which the consent of the subjects of labor relations has been reached, in including subjects of the collective agreement.

If it is necessary to change or supplement the Labor Regulations, the procedure provided for concluding a collective agreement (Articles 42 and 44 of the Labor Code of the Russian Federation) is carried out.

Note.

For the status of a collective agreement in the regulation of labor relations, see Articles 40 and 43 of the Labor Code of the Russian Federation.

In the incentive system operating in the organization, an important place is occupied by the mechanism for presenting employees to incentives.

In the provision on encouragement, the rights of managers should be divided different levels for each type of incentive.

So, it seems quite logical to use the manager structural unit(department, workshop, and so on) incentive measures that are not associated with serious material costs of the organization, for example, announcing gratitude, early removal of a previously imposed penalty, payment of bonuses (one-time bonuses) in small amounts the best worker department and others.

The head of the organization may have broader powers to apply incentive measures to employees. The incentive system is more effective if his powers extend only to the use of incentives that are of an individual one-time nature (in relation to a specific employee). At the same time, the bonus mechanism for the bulk of employees is carried out in accordance with the rules in force in the organization, which are documented.

The system of incentives in the organization is effective only if the employees of the organization are aware of the principles of its functioning, understand it. Their belief in the fairness of this system is also of great importance.

In general, the grounds for applying incentive measures to employees can be:

exemplary performance of labor duties;

increase in labor productivity;

Improving the quality of products;

· cost savings for the organization;

Long-term and flawless work in the organization;

timely and conscientious performance by employees of their duties;

· innovation in work;

· other achievements in work.

As practice shows, these general grounds are not enough to develop a bonus system in an organization. Therefore, leaders of organizations and human resources departments are striving to develop more specific indicators. At this stage, most of the difficulties arise. In the absence of normalizing indicators, the application of incentives to employees is usually very subjective and may ineffectively affect the functioning of the incentive system in the organization as a whole. In this regard, the issue of developing normative indicators of labor efficiency in the organization should be given the closest attention.

It is advisable to form a system of factors that serve as grounds for bonuses to employees for different categories of employees in different ways - taking into account the nature of the work performed, the procedure for accounting and normalizing the results of work various categories employees.

For example, it would be useful to define different approach to the development of bonus systems for employees whose labor rationing is based on financial and other indicators for the entire organization as a whole and for those categories of employees who have personal rationing indicators. Employees can be roughly divided into three categories:

1) The management of the organization - the administration of the organization;

2) Middle and junior management - managers separate subdivisions, departments, workshops, working groups. For this category of workers, it is expedient to develop standardizing performance indicators depending on the indicators of the structural units they manage.

The provision on encouragement is included in the system of local regulations of the organization. Legislation does not regulate the procedure for the entry into force of this normative document. Therefore, the organization governing bodies) can independently determine the order of approval this document taking into account the general system for the development and adoption of local regulations in this organization.

In accordance with labor legislation, labor discipline is also achieved using the method of coercion. IN necessary cases violators can be brought to disciplinary responsibility, that is, when disciplinary measures are applied to them - disciplinary sanctions.

In article 192 of the Labor Code of the Russian Federation, the legislator indicates general definition and the content of the concept of "disciplinary offense" used in labor legislation.

According to the meaning of the definition, it is possible to list the main signs of a disciplinary offense allocated by the Labor Code of the Russian Federation:

Actions or inaction of the employee, which are defined in the law as non-performance or improper performance of labor duties;

The presence of guilt is a mandatory sign of a disciplinary offense (responsibility comes only for guilty actions, inaction);

Presence of signs disciplinary violation work duties of the employee;

The possibility of imposing a disciplinary sanction on an employee for committing a disciplinary violation.

Disciplinary responsibility is usually divided into general and special. All employees may be held liable for general disciplinary liability for violations of internal labor regulations. General disciplinary responsibility involves the application of a disciplinary sanction to the violator of labor discipline, provided for in Article 192 of the Labor Code of the Russian Federation:

3) on relevant grounds.

Special disciplinary responsibility is borne by employees who are subject to the charters and regulations on discipline. These regulatory legal acts provide for more stringent penalties. Such employees include, for example:

prosecutors;

Civil servants;

Railway workers;

Employees of organizations with especially dangerous production in the field of atomic energy use;

The established procedure for applying disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation) serves as guarantees for protecting the interests of employees from unreasonable disciplinary liability.

Note.

When applying the norms of Article 193 of the Labor Code of the Russian Federation, it is necessary to take into account the presence of the following conditions:

Whether in reality there was a violation committed by the employee, which served as a reason for dismissal, and could be the basis for terminating the employment contract,

Are the deadlines for applying a disciplinary sanction provided for by the same article of the Labor Code of the Russian Federation observed?

For one misdemeanor, only one disciplinary action.

In some cases, when the violation of labor discipline by an employee is not obvious, in order to clarify the circumstances and obtain reliable data, an administrative investigation (inspection) is appointed and conducted.

During the audit, information related to the misconduct is publicly collected and documented, including the following:

Purposes and motives for committing an offense;

The presence of guilt in the actions or inaction of specific employees and the degree of guilt of each in the event of a misconduct committed by several employees;

Circumstances affecting the degree and nature of the responsibility of the guilty employee;

Personal and business qualities employee, his previous behavior;

Reasons and conditions that contributed to the misconduct;

The nature and amount of damage caused by the employee who committed the misconduct.

The employer issues an order to conduct an inspection, in which it determines the timing of the inspection, the person (or persons) entrusted with conducting it, the deadline for submitting the materials of the inspection and the conclusion on its results.

Employees for the period of the inspection may be temporarily suspended from the performance of their duties.

The employee, in turn, has the right:

Give written explanations outlining your opinion about the misconduct committed, state evidence on the merits of your explanation;

Demand that documents and materials submitted by him be attached to the verification materials;

Submit an application for the removal of the employee from the inspection, with specific arguments explaining the removal;

In case of establishing violations in his actions at the end of the inspection, get acquainted with its materials and the conclusion on the results of the inspection, which is certified by the signature of the employee in respect of whom the inspection was carried out, on the conclusion on the results of the inspection. In case of refusal to familiarize with the conclusion or to sign, an act is drawn up.

Upon completion of the audit, a conclusion is drawn up, which is presented to the head. Based on the results of the investigation, an order is issued to bring the employee to disciplinary liability.

Any actions of an employee that comply with laws and other regulatory legal acts cannot be qualified as a disciplinary offense. It is impossible to subject an employee to a disciplinary sanction for refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by law, until such danger is eliminated or from performing heavy work and work with harmful and (or) hazardous conditions work not covered by the employment contract. This follows from paragraph 19 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”. In addition, on the basis of paragraph 37 of the Resolution, it can be concluded that the employee’s refusal to comply with the employer’s order to leave cannot be qualified as a violation of labor discipline. this employee back to work until the end of the holiday. This decision is justified by the fact that the law does not provide for the employer's right to prematurely recall an employee from vacation without his consent.

Only such unlawful actions or inaction of an employee that are directly related to the performance of his labor duties can be recognized as a disciplinary offense. Paragraph 35 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" to violations of labor discipline, which are disciplinary offenses, include:

The absence of an employee good reasons at work or workplace;

Refusal of an employee without good reason to perform labor duties in connection with a change in the established order of labor standards;

Refusal or evasion without good reason from medical examination of workers of certain professions;

Refusal of an employee to go to work time special training and passing exams in labor protection, safety and operating rules, if this is prerequisite permission to work.

From paragraph 36 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, it follows that the refusal of an employee without good reason to conclude an agreement on full liability if the fulfillment of duties for the maintenance of material assets constitutes for the employee his main labor function, which is agreed upon when hiring and, in accordance with the law, an agreement on full liability can be concluded with him.

According to article 193 of the Labor Code of the Russian Federation, only one disciplinary sanction can be applied for each disciplinary offense. However, as follows from paragraph 33 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, if the failure to perform or improper performance of the labor duties assigned to the employee continued through his fault, despite the imposition disciplinary sanction, then it is permissible to apply a new disciplinary sanction to such an employee, including dismissal.

The specific measure of disciplinary action is chosen by the employer. At the same time, he must take into account the severity of the misconduct, as well as the circumstances under which the misconduct was committed, the behavior of the employee preceding this misconduct, and the attitude to work. The employer must provide evidence showing not only that the employee committed a disciplinary offense, but also that all the above circumstances were taken into account when imposing a penalty. When considering a reinstatement case, a claim can be satisfied if the court concludes that the misconduct did take place, but the employee was dismissed without taking into account the above circumstances. Such explanations are given in paragraph 53 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

In accordance with Article 193 of the Labor Code of the Russian Federation, the employer must request a written explanation from the employee before applying a disciplinary sanction. If the employee refuses to give the specified explanation, then an appropriate act is drawn up and this is not an obstacle to the application of a disciplinary sanction.

Article 193 of the Labor Code of the Russian Federation establishes the period for applying a disciplinary sanction: no later than one month from the date of discovery of the misconduct. It should be borne in mind that:

The one-month period for imposing a disciplinary sanction must be calculated from the day the misconduct was discovered;

The day when the misconduct is discovered, from which the monthly period begins, is considered the day when the person to whom the employee is subordinate at work (service) became aware of the commission of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions;

The monthly period for the application of a disciplinary sanction does not include the time of an employee's illness, his/her vacation, as well as the time required to comply with the procedure for taking into account the opinion of the representative body of employees. The absence of an employee from work for other reasons, including in connection with the use of days of rest (days off), regardless of their duration (for example, with a rotational method of organizing work), does not interrupt the course of the specified period.

Based on the provisions of Article 193 of the Labor Code of the Russian Federation, a disciplinary sanction cannot be applied later than six months from the date of the misconduct, and only based on the results of an audit, audit of financial and economic activity or audit- later than two years from the date of its commission. The time of proceedings in a criminal case shall not be included within the specified time limits.

The order to apply a disciplinary sanction is announced to the employee against receipt within three working days from the date of issuance of the order. If the employee refuses to sign the order, then an appropriate act is drawn up.

For more information on issues related to the organization and documentation labor activity of employees (personnel), liability for violation of labor legislation , You can find in the book of the authors of CJSC "BKR-INTERCOM-AUDIT" "Personnel".

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Reward for work: concept, types and grounds

Among the measures to ensure labor discipline, an important place is occupied by the encouragement of employees. Conscientious work must be marked by the employer. If well-performing and unscrupulous workers are in an equal position, then the incentive for successful work is sharply reduced.

Encouragement is a public recognition of the results of the work of employees.

The use of incentive measures is one of the manifestations of the disciplinary power of the employer. The choice of specific incentives, the provision of various benefits and benefits is the right of the employer, although in modern market conditions it largely depends on his financial capabilities.

Undoubtedly, encouragement plays a peculiar role of a “perpetual motion machine”. Recognition of the labor merits of the best employees increases the satisfaction with the work of the most encouraged and has an impact on other members of the team, stimulating the latter to improve the results of their work. Moreover, in the legislation, encouragement is understood only as a form of public recognition of the successes achieved, which expresses the official recognition by the employer of the employee's merits (as a rule, on general meeting in a solemn atmosphere, with the obligatory issuance of an appropriate order) and rendering him public honor.

Therefore, incentives for work are the most important means of ensuring labor discipline.

The nature of incentives can be divided into material and moral.

The incentive, which has a moral character, has a positive ethical impact on the employee and brings him moral satisfaction. In turn, material incentives always have a monetary value and, along with moral satisfaction, allow the employee to receive additional material income.

At the moment, leaders of organizations do not attach much importance to the moral types of rewards. There are significant reasons for this. Such types of moral encouragement as a certificate of honor, declaration of gratitude, entry into the Book of Honor and the Board of Honor, according to the author of the article, have largely discredited themselves in past years, when this was often done for the sake of a “tick”, in droves and without any reinforcement. or financial incentives.

Taking into account the specifics today the employer can develop their own types of moral incentives, which will be very effective in stimulating staff. Representative offices are an example. foreign companies working in Russia, in which, along with a rigid system of disciplinary sanctions, measures of material incentives, there is an extensive system of moral incentives for employees.

One example of moral encouragement is the early removal of a previously imposed disciplinary sanction, as well as inclusion in the reserve for promotion to a higher position.

Article 191 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) provides for the following incentive measures that the employer uses to encourage employees who conscientiously perform labor duties, which can be divided into moral and material measures:

Measures of moral encouragement:

Announcement of thanks

· Awarding an honorary diploma;

· submission to the title of "Best in profession";

Measures of financial incentives:

The issuance of an award

· Rewarding with a valuable gift.

The list of incentive measures given in the Labor Code of the Russian Federation is not exhaustive. It provides only the main types of incentive measures that are widely used in practice.

The collective agreement, internal labor regulations, as well as charters and discipline regulations may provide for other types of incentives. For example, additional paid holidays, compensation for annual vacation costs, personal allowances, interest-free loans for the purchase of housing, provides for the assignment of additional, in addition to those provided for by the Labor Code of the Russian Federation and other regulatory legal acts, honorary titles for employees (for example, “Honored Worker of LLC “…””), sending an employee to special conferences, seminars, exhibitions , creating more comfortable working conditions for the employee, and so on.

Thus, the list of incentives can be supplemented depending on the needs and capabilities of a particular employer.

In addition, for special labor services to society and the state, employees can be nominated for state awards. That is, two more types of rewards can be distinguished - for conscientious work and for special labor merits to society and the state.

The first is applied directly by the employer; the second - goes beyond the scope of the labor collective and is already acquiring social and state significance, therefore, for special labor merits, employees are awarded by the relevant state authorities and local self-government. For special labor services to society and the state, the President of the Russian Federation awards state awards of the Russian Federation, confers honorary titles (clause "b" of Article 89 of the Constitution of the Russian Federation). The list of honorary titles and Regulations on honorary titles of the Russian Federation were approved by Decree of the President of the Russian Federation dated December 30, 1995 No. 1341 “On the establishment of honorary titles of the Russian Federation, approval of the regulations on honorary titles and description of the badge for honorary titles of the Russian Federation”. The procedure for initiating applications for awarding state awards and presenting employees for awarding a certificate of honor is determined by the Regulations on State Awards of the Russian Federation, approved by Decree of the President of the Russian Federation of March 2, 1994 No. 442 "On State Awards of the Russian Federation" and the Regulations on the Certificate of Honor of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation dated May 31, 1995 No. 547 “On the diploma of the Government of the Russian Federation”.

Representation for the title of the best in the profession is the new kind employee incentives, introduced by the Labor Code of the Russian Federation on February 1, 2002, while at the same time the legislator abolished such incentives as “enrollment in the Book of Honor, on the Board of Honor”, and nothing was said about “benefits and benefits in the field of socio-cultural and housing - consumer services", "advantage in promotion at work", which were provided to employees who successfully and conscientiously fulfill their labor duties.

At the same time, since the list of types of incentives for employees is open, the employer has the right to provide for such types of incentives and benefits in the collective agreement or in the internal labor regulations.

The title of "Best in Profession" is an industry award for special labor merits. As a rule, the assignment of branch, honorary titles is carried out on the recommendation of the employer by the heads of ministries with the participation of the relevant trade union bodies.

One of the varieties of material incentives for employees for conscientious work is rewarding with a valuable gift. The maximum value of a valuable gift is not limited by law and is determined by the employer at his discretion based on the personal merits of each employee.

One-time cash bonuses are a common form of financial incentives for conscientious work. They should be distinguished from those paid under current wage systems.

Speaking about the subject composition of the use of incentives, they can be divided into individual and collective. Most often, incentives are applied individually. However, at the discretion of the employer, in some cases, incentives may be applied to teams of brigades, sections, departments.

According to the circle of persons to whom incentives apply, general and special types of incentives can be distinguished. General incentive measures are established by labor legislation and apply to any employees, regardless of the field of activity in which they work. Special incentive measures apply to certain categories of employees and are established by special laws, as well as industry regulations and disciplinary charters. For example, Article 55 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” establishes incentives and rewards for civil servants:

"1. For flawless and efficient civil service The following types of incentives and awards apply:

1) announcement of gratitude with the payment of a one-time incentive;

2) awarding an honorary diploma of a state body with the payment of a one-time incentive or with the presentation of a valuable gift;

3) other types of encouragement and rewarding of the state body;

4) payment of a one-time incentive in connection with entering the state pension for long service;

5) encouragement of the Government of the Russian Federation;

6) encouragement of the President of the Russian Federation;

7) assignment of honorary titles of the Russian Federation;

8) awarding insignia of the Russian Federation;

9) awarding orders and medals of the Russian Federation”.

So, incentives can be divided into the following types:

By the nature of the impact on employees (moral and material);

subject composition (individual and collective);

By their social significance (used directly by the employer and used by the relevant authorities for special labor services to society);

· according to the circle of persons who are subject to incentives (general, applicable to any employees, and special, applicable to certain categories of employees if they are established by special laws, as well as industry regulations and disciplinary charters).

In accordance with Article 191 of the Labor Code of the Russian Federation, the basis for the application of incentive measures is the conscientious performance by employees of their labor duties. Conscientious is the impeccable performance of labor duties in strict accordance with the requirements for employees provided for in employment contracts, job descriptions, tariff and qualification reference books, instructions and requirements for labor protection and other documents that determine the content of the performed labor function, subject to current rules internal labor regulations.

As practice shows, this general basis is not enough to develop a system for encouraging and rewarding employees. Therefore, managers and personnel departments are striving to develop more specific indicators in relation to the specifics of production conditions and the organization of labor at a particular employer. At this stage, most of the difficulties arise. In the absence of normalizing indicators, the application of incentives to employees is usually very subjective and may ineffectively affect the functioning of the incentive system as a whole. In this regard, the issue of developing normalizing indicators of labor efficiency should be given the closest attention.

It is advisable to form a system of factors that serve as grounds for encouraging employees for different categories of employees in different ways - taking into account the nature of the work performed, the procedure for accounting and standardizing the results of the work of various categories of employees.

For example, it is advisable to define a different approach to the development of an incentive system for employees whose work rationing is based on financial and other indicators for the entire organization as a whole and for those categories of employees who have personal rationing indicators. Employees can be divided into the following categories:

1) The management team is the administration.

2) The management staff of the middle and junior level - the heads of separate divisions, departments, workshops, working groups. For this category of workers, it is expedient to develop standardizing performance indicators depending on the indicators of the structural units they manage.

3) Specialists and technical performers.

4) Workers. promotion rewarding labor title

The grounds for the application of incentive measures can be supplemented and specified by the collective agreement or the internal labor regulations in accordance with the assigned management tasks.

In addition, in the statutes and regulations on discipline, the grounds for the application of incentive measures, as a rule, are specified in relation to the specifics of working conditions in specific industries. So, according to Decree No. 621, railway workers are encouraged for:

"Employees are encouraged to conscientious performance work duties, improving the quality of work, increasing labor productivity, innovation, initiative, ensuring the safety of transported goods and luggage, caring for other entrusted property, long-term and flawless work.

With skillful use, rewards can be more effective tool incentives for employees to conscientious work, rather than penalties.

Encouragement can push, stimulate an unlimited number of people to commit an act approved by society, and the most encouraged person to repeat this act.

The procedure for applying incentive measures for work.

The legal status of an employer in accordance with the Labor Code of the Russian Federation includes the right to apply incentive measures. The procedure for applying incentive measures by labor legislation is partially defined, which means that it is largely determined by the employer.

In practice, the incentive is announced in an order or instruction, brought to the attention of the employee and the work collective, and a corresponding entry is made in the employee's work book.

The issued order indicates the motive for the promotion, the type of promotion, the form of the promotion, and in the case of awarding a valuable gift (premium), also its value. The employer is obliged to familiarize the employee with this order against signature. The form of the order (instruction) to encourage the employee was approved by the Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation on the accounting of labor and its payment "(hereinafter referred to as Resolution No. 1) ( unified form No. T-11 and a unified form of a consolidated order on the promotion of employees T-11a).

The basis for issuing an order (instruction) on promotion is a submission submitted for consideration to the head of the organization by the immediate supervisor of the employee or the personnel department of the organization. Since the procedure for submitting to promotion is not regulated by law, each organization uses its own.

In practice, the question often arises: does the employer have the right to apply incentive measures to the person represented during the term of the disciplinary sanction in relation to the same employee. The current Labor Code of the Russian Federation does not contain a rule prohibiting encouraging an employee who has a disciplinary sanction during the period of the sanction. Therefore, the decision on the possibility of encouraging such employees depends on the discretion of the employer.

Information about incentives is entered in the work book in accordance with part 4 of article 66 of the Labor Code of the Russian Federation. The basis for making an entry in the work book is the corresponding order (instruction) of the head.

According to paragraph 24 of the Rules for maintaining and storing work books, the following information about the award (encouragement) for labor merits is entered in the work book:

a) on the awarding of state awards, including the assignment of state honorary titles, on the basis of relevant decrees and other decisions;

b) on awarding certificates of honor, awarding titles and awarding badges, badges, diplomas, certificates of honor, produced by organizations;

c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations of the organization, charters and regulations on discipline.

Clause 10 of the Rules for maintaining and storing work books establishes a weekly period, no later than which the employer is obliged to make appropriate entries in work books.

The procedure for entering information about the award in the work book in accordance with the Instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 "On approval of the instructions for filling out work books", is as follows: "in column 3 of the section" Information on awarding "labor the book in the form of a heading indicates the full name of the organization, as well as the abbreviated name of the organization (if any); below in column 1 is the serial number of the entry (numbering that increases throughout the entire period of the employee's labor activity); column 2 indicates the date of the award; column 3 records who awarded the employee, for what achievements and what award; column 4 indicates the name of the document on the basis of which the entry was made, with reference to its date and number.

Without fail, information about incentives is also entered in the employee's personal card, in section VII "Awards (incentives), honorary titles" (unified form No. T-2, approved by Resolution No. 1).

No entries are made in the work book about bonuses that are not an incentive for the employee, but are an integral part of his earnings, i.e. provided for by the remuneration system or paid on a regular basis (clause 25 of the Rules for maintaining and storing work books). If the employee received the so-called "personal" bonus for a specific personal contribution to the work, then information about it should be entered in his work book. Attention is drawn to the discrepancy between the wording of Articles 66 and 191 of the Labor Code of the Russian Federation. Article 66 of the Labor Code of the Russian Federation requires that information on awards for success in work be entered in the work book, and no entries are provided for other types of incentives. The aforementioned discrepancy between the concepts of “reward” and “encouragement” makes it difficult to apply the norms of labor legislation in the practice of issuing work books.

In this regard, two opposing points of view have arisen:

1. According to Article 66 of the Labor Code of the Russian Federation, the employer is not obliged to enter information about all employee incentives in the work book, but only information about his awards.

2. A broader interpretation of the term "encouragement" suggests that those incentives that are not essentially rewards, but also characterize the employee from a positive side, should be reflected in the work book in his interests.

Thus, the employee has the right to insist on making an appropriate entry in the work book about any of the types of incentives applied to him, if it has not been made.

In general, the documentation of the promotion procedure includes:

drawing up by the head of the structural unit in which the employee works, or by the head personnel service submissions of incentives addressed to the head of the organization, indicating the type of incentive in accordance with the Internal Labor Regulations or other local regulations;

· publication of an order (instruction) on encouragement (unified form No. T-11, T-11a) and its solemn announcement;

making the necessary entry in the personal card (unified form No. T-2) on the promotion of the employee;

Making an appropriate entry in the work book of the employee.

One of important factors for the successful work of employees and, in general, for the growth of economic indicators, a rational system of employee incentives is required.

The development of a reward system is inextricably linked with the general system of personnel motivation that operates in this employer, and is largely specific to each company. It is determined by the profile of economic activity, the existing structural and industrial relations, and management tasks. The system of employee incentives is influenced by the economic situation and the financial basis of the company.

Regardless of these features, it is still possible to recommend general approaches to the development of a reward system.

When developing a system of rewards for work, it is necessary to take into account the following provisions:

1) the basis for rewarding for success in work should be specific indicators that employees achieve by fulfilling their immediate official duties and which best describe labor participation each employee in solving common problems; it is advisable to form a system of indicators, factors that serve as grounds for encouraging employees, taking into account the nature of the work performed, the procedure for accounting and standardizing the results of the work of various categories of employees (managers, specialists, technical performers, workers);

2) the employee must be sure that when the established results are achieved, he will definitely be rewarded;

3) incentives for work should be envy of the significance of labor achievements, that is, for higher performance, more significant incentives should be established accordingly;

4) motivate each employee to continuously improve their performance;

5) the incentive system should be open, transparent and understandable for employees;

6) the timeliness of the application of incentive measures should be taken into account.

The provision on encouragement can be a document with varying degrees of detail.

For organizations with established economic indicators, a common system of intra-corporate relations, a well-established system of standardization of labor efficiency indicators, both structural units and employees holding individual positions, a position with the maximum degree of detail can be recommended.

For small, dynamically developing companies in which the development of intra-corporate relations and the overall system of functioning of the organization are at the stage of formation, it may be more useful to have a local regulation with a lesser degree of detail, which reflects only the most general principles employee incentives.

Regardless of the level of detail in the document defining the principles of the incentive system, it is advisable that it contain the following basic information:

1) Principles of formation of the reward system.

2) Specific indicators of the application of incentive measures.

3) Forms and measures (types) of encouragement.

4) The procedure for presenting employees for promotion.

5) Competence of management for the application of incentive measures.

6) Legal basis for the application of incentive measures (order of the head of the organization, order of another official).

7) The procedure for conducting promotional activities.

8) Other information regarding the incentive system.

In the application of the incentive system, an important place is occupied by the mechanism for introducing employees to incentives.

For example, in the provision on incentives in force in an organization, the rights of managers at various levels to apply each type of incentive should be divided.

Thus, it seems quite logical that the head of a structural unit (department, workshop, and so on) uses incentive measures that are not associated with serious material costs of the organization, for example, announcing gratitude, speaking to the head of the organization with the initiative to early withdrawal from an employee of a previously imposed penalty, payment of bonuses (one-time bonuses) in small amounts to the best employee of the department, and others.

The head of the organization may have broader powers to apply incentive measures to employees. He ultimately decides on the amount of funds allocated to encourage employees. His powers can extend both to the use of incentives that are of an individual one-time nature (in relation to a specific employee), and to incentives in relation to a specific group of employees (workers of a workshop, teams, and so on) or the labor collective as a whole.

It should be noted that the legislation does not regulate the procedure for the entry into force of the Regulation on the encouragement of employees. Therefore, the employer can independently determine the procedure for approving this document, taking into account the general system for the development and adoption of local regulations.

Application

Director of Prima LLC

Derzhavin K.K.

Presentation on the promotion of Ivanov M.M., sales manager

Ivanov M.M., born in 1955, manager of the sales department, has ten years of continuous experience at Prima LLC. During this period of work, he always conscientiously fulfilled his labor duties and he was repeatedly thanked.

For the conscientious performance of labor duties, long and impeccable work, and also in connection with the anniversary date - his fiftieth birthday, I present M.M. Ivanov for encouragement. I propose to encourage Ivanov M.M. in the form of a certificate of honor and a valuable gift.

Head of Sales Department ___________ /Vasiliev I.I./

Position, personal signature, transcript of the signature.

legislator in new edition The Labor Code of the Russian Federation extends the general norms of labor legislation to all business entities - both legal and individuals. It can be stated that the fourteen-year infringement of the rights of individual entrepreneurs as employers and, most importantly, the employees hired by them, has finally been stopped. Employer - individual entrepreneur now apart from the conclusion employment contracts, is obliged to keep work books for all its employees, and also as an employer - entity(organization) to document personnel issues, including in the field of labor discipline.

The right to apply incentive measures belongs entirely to the employer and does not require, as was the case before, agreement with the relevant elected trade union body. In addition, the simultaneous application of several incentive measures is allowed. As a rule, in practice, this is a combination of moral and material measures (for example, announcing gratitude and issuing a cash bonus).

At the same time, the use of incentive measures can be quite subjective, since it is always associated with an assessment of the behavior of employees in the labor process. However, if there is a local normative act that regulates the evaluation criteria, the grounds for incentives, the procedure for applying incentives, then the entire procedure associated with the application of incentives is within the "legal field". As they say, the law is harsh, but it is the law. When a rule written in the local normative act, acts in relation to an indefinite number of persons, then, in addition to the rights, the employer also has the obligation to apply incentive measures in the event of the occurrence of certain circumstances (implementation of the plan by the employee, department, organization as a whole, achievement of certain economic success, and so on).

The incentive system adopted by a particular employer is effective only if employees are aware of the principles of its functioning and understand it. Their belief in the fairness of this system is also of great importance.

The norms that govern the entire procedure for applying incentives for conscientious work can be documented in the Internal Labor Regulations, but it is more expedient to do this in a special local regulatory act - the Regulations on Encouraging Employees.

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Public recognition of the results of work of employees. Regulation on non-material incentives (development example). Labor discipline is a necessary prerequisite for any organized collective labor.

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