Methods for ensuring labor discipline types general characteristics. Labor discipline and methods of ensuring it

The main legal methods for ensuring labor discipline in enterprises are the method of persuasion and the method of coercion, used in cases where the methods of persuasion are insufficient to ensure law and order. Although it should be noted that among lawyers there is no consensus regarding the number of methods for regulating labor discipline. Some researchers, in particular T.N. Vazhenkova identifies three methods of discipline regulation, where, along with the method of persuasion and coercion, the method of encouragement is also presented, which is also one of the most effective ways to maintain labor discipline.

In turn, A.A. Grechenkov does not single out the method of encouragement as an independent method of regulating and maintaining labor discipline, while considering only the methods of persuasion and coercion.

The point of view of T.N. Vazhenkova, since the method of encouragement is an important means of maintaining and strengthening labor discipline.

In this section of the work, the methods of persuasion and coercion should be considered. In turn, a separate chapter will be devoted to the incentive method, this is due to the fact that the incentive method is the most effective method in the issue of maintaining labor discipline and deserves more careful and detailed consideration.

The method of persuasion is a means of maintaining work schedule at the enterprise. The method of persuasion is understood as various public events held to educate, increase a sense of responsibility, consciousness and discipline of employees.

The method of persuasion, as a way of ensuring labor discipline, consists, first of all, in convincing the employee that conscientious performance of their duties and compliance with labor laws will allow the employee to receive certain benefits. Belief? method of influence that stimulates the subject of labor relations to such behavior that corresponds to his will. First of all, the method consists in the economic interest of the employee and the employer in the final results of labor.

The main methods of persuasion include the following:

• - legal education;
• - cultural and educational activities;
• - education of workers on the examples of advanced workers, innovators who have achieved great success in their activities.

To ensure an honest and conscientious attitude to work among citizens, the state primarily uses legal methods persuasion, and only then coercion. As one of the main goals of persuasion, one should single out the transformation of the social needs of workers into their personal needs, inducing workers to a conscious, active and productive attitude towards work.

Work to strengthen labor discipline should be designed both for the individual employee and for the team as a whole. A person who has committed a disciplinary offense is convinced that he is acting contrary not only to public interests, but also to his own individual interests, since by committing a disciplinary offense, the employee deprives himself of various kinds incentives, and especially financial ones.

In the work collective there is a constant struggle of different beliefs, that is, a struggle for the direction of activity. Consequently, the method of persuasion is designed to solve not only the task of educating an individually specific worker, but also a more complex task? to inculcate a genuinely masterly attitude of the members of the labor collective towards their work, to instill in them a sense of responsibility for the result of the work of the entire collective. In science labor law there is an opinion according to which persuasion is carried out in two main directions? ideological and psychological impact. Ideological influence ensures the formation of ideological conviction, awareness of the organic community of personal and public interests, the participation of workers in competition, etc. This type of influence is carried out by carrying out educational, cultural and educational work, legal education, etc.

Persuasion through psychological impact involves the full use of the interest of a particular person in meeting his highest material, functional and spiritual needs, which are organically combined with the solution of the tasks facing the state and society, a specific labor collective.

The task is to ensure that not only management personnel, but also all employees of the labor collective know modern methods personnel management, were able to find the most effective ways solutions to emerging problems.

The experience of labor collectives shows that the legal methods of persuasion are much more effective than the methods of coercion.

Forms of persuasion play an important role in shaping the consciousness of workers.

There are many forms of persuasion: dialogue, criticism, self-criticism, polemics, etc.

Dialogue? it is a form of communication that requires activity on both sides. This is a real change of object and subject in the process of communication. Dialogue requires common ground and the difference in views on the solution of a particular problem by its participants.

Discussion, controversy? it is a search for truth through a comprehensive comparison of various opinions. Their purpose? V public form defend your point of view and refute your opponent.

Also, an effective method of persuasion is the legal education of employees on labor law issues. These events must be carried out regularly at least once a month, when representatives of the administration of the organization or institution, the trade union committee speak to the workforce. At these events, the main provisions of labor legislation are explained, in terms of labor discipline, the procedure for granting holidays, incentives, payments wages, and also considers issues of introducing amendments and additions to the collective agreement and other local acts of the institution.

Another means of ensuring labor discipline is the periodic meetings of the labor collective with representatives government organizations: Department of Internal Affairs, Prosecutor's Office, Narcological Dispensary. At these meetings, representatives of organizations convey information about the state of crime, morbidity, etc. legal implications violations of labor discipline, features of bringing employees to disciplinary responsibility. In addition, employees have the opportunity to ask questions to representatives of the above-mentioned organizations on the most pressing issues for employees. Thus, measures are taken to prevent not only disciplinary offenses, but also crime in general.

In cases where the methods of persuasion are insufficient to ensure law and order at the enterprise, methods of coercion are applied to violators of labor discipline.

Compulsion? it is a method of influence that ensures the performance of actions individuals, social groups or classes against their will in the interests of the coercive.

In other words, coercion? This is the use by the head of his authority under certain conditions provided for by law. The method of coercion is applied only to employees who, being in an employment relationship, through their own fault, violate the obligations assumed by them. labor obligations. Compulsory measures applied for violation of labor duties must be established by law.

It must be remembered that coercion is used only in combination with persuasion, and the very fact of the possible application of disciplinary measures is used as a means of forming the employee's habit of voluntarily observing labor discipline.

The vast majority of violations of labor discipline at work is associated with drunkenness and alcoholism. Statistics show that out of 100 violations of labor discipline, more than 60% are committed on the basis of drunkenness. Persons injured at work, in most cases, were in a state of intoxication.

In general, to achieve high efficiency in work, it is more important not to punish, but to stimulate. As a rule, a person resists punishment and relieves himself of responsibility for final result his work. On the contrary, if the work is interesting, but is the employee rewarded for its successful completion? morally or financially, he will work properly.

The main methods of coercion are bringing employees to disciplinary responsibility, imposing disciplinary action in accordance with the Labor Code of the Republic of Belarus, deprivation of bonuses for employees, deprivation and reduction of bonuses to official salaries in accordance with the regulation on bonus payments to employees of a particular organization, the collective agreement and the rules of internal labor regulations.

Cases of partial deprivation of bonuses may be:

• - violation of internal labor regulations;
• - failure to comply with the terms of the collective agreement;
• -failure official duties provided in job descriptions;
• - non-fulfillment of duties confirmed by internal control;
• - cases of industrial injuries that occurred during working hours;
• - violation of instructions and other normative documents operating in the institution;
• - inaccurate documentation;
• - failure to pass a scheduled medical examination.

Full deprecation is provided in the following cases:

• - absenteeism, without good reason;
• - failure to comply with the terms of the collective agreement, internal labor regulations, job descriptions;
• - gross violation of safety regulations and labor protection rules;
• - negligent attitude to the saving of material values ​​that entailed material damage;
• - appearance at work in a state of intoxication;

Thus, summing up the above data, it should be concluded that the use of the coercion method is aimed primarily at depriving the employee of the material benefits that he had before, so that the employee has the opportunity to compare his financial situation before the application of disciplinary action against him and after its application.

In this case, applying this method of influence to the employee, the employer primarily pursues a preventive goal in order to make the employee think about the illegality of his act and not repeat such behavior in the future. When applying a disciplinary sanction to the employer, it is necessary to establish the validity of the fact of the employee's misconduct, the presence of guilt and apply to the employee such a measure of disciplinary responsibility that would correspond to the severity of the employee's misconduct.

An important direction is to familiarize employees with the best practices of other employees who have achieved great results in their labor activity, and also explains the incentive measures that apply to these employees in order to stimulate other employees.

Thus, summing up, it should be noted that in order to successfully maintain labor discipline, a skillful combination of all methods of regulating the labor discipline of workers is necessary. The employer should competently and consistently apply to employees both the method of persuasion and the methods of coercion and encouragement.

Thus, in science there are two approaches that determine the methods of ensuring labor discipline. Some scientists distinguish two methods (persuasion and coercion), and some - 3 methods - persuasion, encouragement and coercion. The use of 3 methods of ensuring labor discipline is more rational, since the method of encouragement, which some scientists include in the method of persuasion, has its own characteristics in legal regulation and implementation in practice, types and forms. Encouragement as a method is a very effective way to ensure and maintain labor discipline.

As mentioned above, labor discipline is a certain procedure for the behavior of company employees, which determines their obligations and ensures consistency in actions when they perform specific tasks. labor functions. Labor discipline in each organization is regulated by the Labor Code of the Russian Federation, internal regulations firms, contracts and agreements.

The value of labor discipline lies in the fact that it contributes to:

• Increasing labor productivity and production efficiency;
• Increasing the degree of innovation in labor;
• Achieving high quality work;
• To protect the health of employees and reduce the incidence of injuries at work.

Methods for ensuring labor discipline

In accordance with the Labor Code of the Russian Federation, there are two main methods for ensuring labor discipline: incentives and penalties.

The tools for implementing the collection method are:

• Rebuke;
• Comment;
• Dismissal.

The specific measure is chosen by the employer, but when choosing, he must take into account the severity of the act and the circumstances under which it was committed.

Employers do not have the right to use a collection method that is not provided for labor law. Failure to comply with this prohibition may lead the firm to administrative liability.

The incentive method tools are:

• Issuance of an award;
• Promotion;
• Rewarding with a diploma or a valuable gift;
• Thanksgiving announcement.

The employer can choose any of these tools. An obligation to reward an employee arises only if one of the internal documents of the company determines in which case the promotion will be carried out. If the type and amount of remuneration are not determined, the employer has the right to establish them independently.

The main legal methods for ensuring labor discipline in enterprises are the most banal ones, such as the method of persuasion and the method of coercion, used in cases where persuasion methods are insufficient to ensure law and order. The method of persuasion is the main means of maintaining the labor schedule at the enterprise. The method of persuasion is understood as various public events held to educate, increase a sense of responsibility, consciousness and discipline of employees.

In order to ensure an honest and conscientious attitude to work among citizens, the state uses primarily legal methods of persuasion, and only then coercion. As one of the main goals of persuasion, one should single out the transformation of the social needs of workers into their personal needs, inducing workers to a conscious, active and productive attitude towards work.

Work to strengthen labor discipline should be focused both on the individual employee and on the team as a whole. A person who has committed a disciplinary offense is convinced that he is acting contrary not only to the public interest, but also to his own individual interests.

In the work collective there is a constant struggle of different beliefs, that is, a struggle for the direction of activity. Consequently, the method of persuasion is designed to solve not only the task of educating an individually specific employee, but also a more difficult task - to instill a truly masterful attitude of the members of the work collective to their work, to instill in them a sense of responsibility for the result of the work of the entire team. In the science of labor law, there is an opinion that persuasion is carried out in two main directions - ideological and psychological impact. Ideological influence ensures the formation of ideological conviction, awareness of the organic community of personal and public interests, the participation of workers in competition, etc. This type of influence is carried out by carrying out educational, cultural and educational work, legal education, etc.

Persuasion through psychological impact involves the full use of the interest of a particular person in meeting his highest material, functional and spiritual needs, which are organically combined with the solution of the tasks facing the state and society, a specific labor collective.

The task is to ensure that not only management personnel, but also all employees of the labor collective know modern methods of personnel management, are able to find the most effective ways to solve problems that arise.

The experience of labor collectives shows that the legal methods of persuasion are much more effective than the methods of coercion.

Forms of persuasion play an important role in shaping the consciousness of workers.

There are many forms of persuasion: dialogue, criticism, self-criticism, polemics, etc.

Dialogue is a form of communication that requires activity from both sides. This is a real change of object and subject in the process of communication. Dialogue requires a common basis and differences in views on the solution of a particular problem by its participants.

Discussion, controversy is the search for truth through a comprehensive comparison of various opinions. Their goal is to publicly defend their point of view and refute the opponent.

In cases where the methods of persuasion are insufficient to ensure law and order at the enterprise, methods of coercion are applied to violators of labor discipline.

Coercion is a method of influence that ensures the commission of actions by individuals, social groups or classes against their will in the interests of the coercive.

In other words, coercion is the use by the head of his powers of authority under certain conditions provided for by law. The method of coercion is applied only to employees who, being in an employment relationship, through their own fault, violate their labor duties. Compulsory measures applied for violation of labor duties must be established by law.

It must be remembered that coercion is used only in combination with persuasion, and the very fact of the possible application of disciplinary measures is used as a means of forming the employee's habit of voluntarily observing labor discipline.

The vast majority of violations of labor discipline at work is associated with drunkenness and alcoholism. Statistics show that out of 100 violations of labor discipline, more than 60% are committed on the basis of drunkenness. Persons injured at work, in most cases, were in a state of intoxication.

Considering the essence of any punishment, it can be noted that this is a psychological and pedagogical way of educational influence on a person or group. Psychologically, punishment allows the employee to understand the inadmissibility of the act committed by him; the fear of re-punishment, combined with this understanding, becomes a psychological barrier to the re-commission of such actions.

In general, to achieve high efficiency in work, it is more important not to punish, but to stimulate. As a rule, a person resists punishment and relieves himself of responsibility for the final result of his work. On the contrary, if the work is interesting, and the employee is encouraged for its successful completion - morally or financially, he will work properly.

Based on the foregoing, we can conclude that the employer should strive to various methods stimulating their employees to maintain labor discipline. And only in case of their inefficiency, apply disciplinary measures to violators of labor discipline.

Discipline is an established order of behavior. Labor discipline is obligatory obedience for all employees to the rules of conduct, determined in accordance with this code, other federal laws, a collective agreement, an agreement, local regulations, an employment contract.
At the conclusion employment contract the employee undertakes to comply with the requirements of the "Internal Labor Regulations"
Ext.int. labor schedule is a local normative act that establishes the basic rights, duties and responsibilities of the parties to the employment contract, as well as the mode of operation and rest time and other regulatory issues labor relations.
The PVR is APPROVED by the management of the organization and from that moment on it is mandatory for both the employer and the employee.
In LABOR LAW, methods of labor discipline are distinguished, which can be divided into 2 groups.
1. promotion method
2.method of punishment.
The meaning of labor discipline:
- Contributes to the achievement of high quality results of work.
-increases production efficiency and labor productivity.
- Contributes to the health of the worker.

Art. 193 - the legal concept of labor discipline. Proceedings. discipline is obligatory obedience to the established work for all workers. order and proper performance of their work. obligations. The discipline of labor (in the objective sense of the word) is the conscience of the rules of behavior required from a person included in a personal. the composition of the org-tion. The concept of labor. discipline" into the lens. sense similar to the concept of "institute of labor discipline". This concept includes two groups of norms:

 norms establishing internal work. the order in the org-tion, which determines the subordination between the worker and the employer by fixing work. the rights and obligations of slaves and nan-la, the rules of behavior in percent. labor, def. operating mode…;

 norms for evaluating the behavior of an employee in this process: norms on incentive measures and norms on disciplinary response.

Labor discipline as an element of labor. legal relations manifested in the establishment of proper behavior-I concrete. workers in the general team. labor, in the individualization of their labors. obligations on the basis of the conclusion of the contract. Obligations of the employee and hiring in Chapter 5, Art. 53-55 TK. Labor support methods. discipline is the methods of its provision provided for by the legislation, i.e., the fulfillment by the worker and the nano-lem of their obligations. There are 3 main methods: 1. persuasion; 2. promotion; 3. coercion.

Persuasion is characteristic of the Soviet stage. the method of persuasion is a means of ideological, psychological, moral influence on the participants in production. process, which stimulates the sub-that to such behavior, which corresponds to his will. Directed to the education of the consciousness of slaves.

The incentive method means that a worker can be rewarded for conscientious work, which manifests itself in a material, moral and legal form. The reward goes into work. book.

Method of coercion - to the violator of labor. discipline by imposing measures of disc. penalties, etc., measures of property recovery (mother's answer)

Labor discipline is obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, a collective agreement, agreements, an employment contract, and local regulations of the organization. Labor discipline is a system of measures and means for establishing, observing and ensuring the internal labor regulations of the organization.
Methods for strengthening labor discipline are persuasion, encouragement, coercion (ie, disciplinary action).
The labor schedule of the organization is determined by the internal labor regulations. Legal regulation the internal labor schedule is carried out on the basis of Ch. 29 and 30 of the Labor Code of the Russian Federation.
The internal labor regulations of an organization are a local regulatory act that regulates in accordance with the Code and other federal laws the procedure for hiring and dismissing employees, basic rights, obligations, responsibilities of the parties to the employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations in the organization.
The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. In accordance with the previous Code, the rules were approved general meeting labor collective.
The employer is obliged to familiarize the employee with the internal labor regulations in force in the organization when hiring him (Article 68 of the Labor Code of the Russian Federation). The internal labor regulations should be available for review by employees.
For certain categories of employees, there are charters and regulations on discipline approved by the Government of the Russian Federation in accordance with federal laws. Charters and regulations on discipline operate in those sectors (areas of activity) where strict observance of labor discipline is especially important due to the fact that its violation can lead to extremely serious consequences. Currently, the statutes and regulations on discipline are in force: Regulations on the discipline of employees railway transport Russian Federation*(95); Regulations on disciplinary responsibility of heads of administrations * (96); Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy * (97); Disciplinary charter customs service Russian Federation*(98); Charter on the discipline of maritime transport workers * (99), etc. Unlike the internal labor regulations, charters and regulations on discipline may establish additional (compared to Article 192 of the Labor Code of the Russian Federation) types of disciplinary sanctions.
In practice, statutes and regulations were often approved by federal executive authorities. In this case, such normative acts can be considered as controversial, based on Part 3 of Art. 55 of the Constitution of the Russian Federation, which provides that the rights of a citizen can be limited only on the grounds provided for by federal law.

The discipline of labor is the one established in this public organization labor order of conduct in joint work and responsibility for its violation.

When concluding an employment contract, the employee knows that in the process of labor he is obliged to obey the one-man manager in production for the entire duration of his employment contract. This is the second aspect of the concept of labor discipline as a necessary element of the labor relationship of an employee.

The third aspect of the concept of labor discipline as the implementation of the basic principle of labor law is to ensure the fulfillment of the employee's duty to work conscientiously in the chosen field of activity - to observe labor discipline.

And, finally, the fourth aspect of labor discipline is the relevant institution of labor law, i.e. system legal regulations regulating the internal labor regulations, which provide for the duties of the employee and the employer (his administration), incentive measures for success in work, the procedure for their application, types and measures of responsibility for violation of labor discipline and the procedure for their application, which corresponds to section VIII Labor Code(Art. 189-195).

Labor discipline, Art. 189 of the Code, is obligatory for all employees the obedience to the rules of conduct defined in accordance with the Code, other laws, collective agreement, agreements, labor contract, local regulations of the organization. The employer, in accordance with the specified legislation, is obliged to create the conditions necessary for the observance of labor discipline by employees.

The labor schedule of the organization is determined by the internal labor regulations that regulate, in accordance with labor legislation, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, the working hours, rest time, employee incentives and penalties, as well as other issues of regulating labor relations in the organization (Article 189 of the Labor Code).

Labor discipline differs in the objective and subjective sense. In an objective sense, this is a system of norms about labor discipline, i.e. the institute of labor law and the internal labor regulations established at this production. In the subjective, this is an element of the employee's labor relationship and his obligation to comply with the rules of the internal labor schedule, labor discipline.

There is one more aspect - the degree of observance of labor discipline by a given work collective of production, its parts (workshops, departments, etc.) and a specific employee. The employee must also comply job descriptions, functional responsibilities provided for qualification handbook according to his position, work, as well as fire, sanitary instructions for this production. The employer (administration) is obliged to ensure the proper level of labor discipline in production and respond to its violation by individual employees.

Labor discipline in production includes the observance of technological and production discipline. Technological discipline is the observance of the manufacturing technology of the product of production, technological process its manufacture. Production discipline is part of labor discipline officials administrations who are obliged to organize the continuity of the technological process, the timeliness of the supply of materials, tools, equipment, the coordination of the work of individual production units in order to ensure the rhythmic, accurate work of the entire production.

The value of labor discipline lies in the fact that it:

• contributes to the achievement of high quality results of the work of each employee and the entire production, work without marriage;
• allows the employee to work with full dedication, to show initiative, innovation in work;
• increases production efficiency and labor productivity of each employee;
• contributes to the protection of health during labor activity, labor protection of each employee and the entire labor collective: with poor labor discipline, there are more accidents and accidents at work;
• contributes to the rational use of the working time of each employee and the entire workforce.

Methods for ensuring labor discipline are necessary to create organizational and economic conditions for high performance work. The following three methods are interrelated: a conscious attitude to work, methods of persuasion, education and encouragement for conscientious work, and for negligent, dishonest workers, the application, if necessary, of measures of disciplinary and social influence.

The creation of the necessary organizational and economic conditions for high-performance work is entrusted to the employer, who is obliged to provide normal working conditions for this:

• good condition of machines, machine tools and devices;
• timely provision technical documentation;
• proper quality of materials and tools for work and their timely submission;
• timely supply of production with electricity, gas for the performance of work and other sources of energy supply;
• safe and healthy working conditions (compliance with safety rules and regulations, necessary lighting, heating, ventilation and other factors that adversely affect the health of workers).

If the employer (administration) has not provided at least one of the specified conditions for the employee, this affects the fulfillment of the labor norm by him, and reduces discipline. Therefore, the legislator in the first place in the methods of ensuring labor discipline included the creation normal conditions work to meet labor standards. But all of them relate to the education of a conscientious, conscious attitude to work, the employee must work in good conscience (do not skimp, do not hack). IN labor collectives an atmosphere of intolerance towards violations of labor discipline, strict comradely exactingness towards workers who perform their labor duties in bad faith is created. They can discuss at meetings violators of labor discipline.