Labor discipline is mandatory for all employees. Basic normative acts on labor discipline and their characteristics. Typical mistakes employers make

27.11.2019

Labor discipline- mandatory for all employees to obey the rules of conduct defined in accordance with Labor Code RF, others federal laws, collective agreement, agreements, employment contract, local regulations (Article 189 of the Labor Code of the Russian Federation).

The labor schedule is determined by the rules of the internal work schedule. They are approved by the employer, taking into account the opinion of the representative body of employees in accordance with Art. 372 of the Labor Code of the Russian Federation (Article 190 of the Labor Code of the Russian Federation).

Internal labor regulations- this is a local normative act that regulates in accordance with the Labor Code of the Russian Federation, other federal laws:

The procedure for hiring and dismissing employees;

Basic rights and obligations of the parties to the employment contract;

Responsibility of the employee and the employer;

Operating mode;

Time relax;

Incentives and penalties applied to employees;

Other regulatory issues labor relations in an organization (for example, a list of positions of employees with irregular working hours - article 101 of the Labor Code of the Russian Federation; the procedure for introducing summarized accounting of working hours - article 104 of the Labor Code of the Russian Federation; additional leave employees with irregular working hours - Article 119 of the Labor Code of the Russian Federation; extension of annual paid leave - art. 124 of the Labor Code of the Russian Federation, etc.).

For certain categories employees are subject to statutes and regulations on discipline. These acts are approved by the Government of the Russian Federation in accordance with federal laws (Article 189 of the Labor Code of the Russian Federation). Thus, the labor discipline of maritime transport workers is regulated by the Charter on the discipline of maritime transport workers, approved by the Decree of the Government of the Russian Federation of May 23, 2000; workers of the fishing fleet - the Charter on the discipline of workers of the fishing fleet Russian Federation, approved by the Decree of the Government of the Russian Federation of September 21, 2000; workers customs service- Disciplinary Charter of the customs service, approved by Decree of the President of the Russian Federation of November 16, 1998, etc. The statutes on discipline provide for special measures of responsibility for committing a disciplinary offense, incentive measures, and a special procedure for their application.

The employer is obliged to create conditions necessary for employees to comply with labor discipline (Article 189 of the Labor Code of the Russian Federation). In addition, the employer is obliged, in accordance with Article 22 of the Labor Code of the Russian Federation, to comply with laws and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and labor contracts, which is also a condition for employees to comply with labor discipline. At the same time, the employer has the right to encourage employees for conscientious efficient work; require employees to perform job duties and careful attitude to the property of the employer and other employees, compliance with the rules of internal labor regulations; bring employees to disciplinary and financial liability in the manner prescribed by the Labor Code, other federal laws.

Employees, in turn, are obliged to conscientiously fulfill their labor duties; observe the rules of internal labor regulations; observe labor discipline, etc. (Article 21 of the Labor Code of the Russian Federation).

These rights and obligations of employees and the employer are of a general nature. Local regulations, collective agreement, agreements, individual labor contract provide for more specific rights and obligations of employees and the employer, which is due to the specifics of the employer's activities, legal form and form of ownership of the organization, functional responsibilities in relation to a specific position, profession, specialty, qualification of the employee. As amended by the Federal Law of the Russian Federation No. 90, Art. 57 of the Labor Code of the Russian Federation provides that by agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established labor law and other normative legal acts containing norms labor law, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements. The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Chapter 29. GENERAL PROVISIONS

Article 189. Labor discipline and work schedule

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, agreements, local regulations, an employment contract. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, to create the conditions necessary for employees to comply with labor discipline. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The labor schedule is determined by the internal labor regulations. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Internal labor regulations - a local normative act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, and as well as other issues of regulation of labor relations in this employer. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 190

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The internal labor regulations, as a rule, are an annex to the collective agreement. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Chapter 30. DISCIPLINE OF LABOR

Article 191. Incentives for work

The employer encourages employees who conscientiously fulfill their labor duties (announces gratitude, gives out a bonus, rewards with a valuable gift, a certificate of honor, presents them to the title of the best in the profession).

Other types of employee incentives for work are determined by a collective agreement or internal labor regulations, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be presented to state awards. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 192. Disciplinary penalties

For the commission of a disciplinary offense, that is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal on appropriate grounds.

Federal laws, charters and regulations on discipline (part five of Article 189 of this Code) may also provide for other disciplinary sanctions for certain categories of employees. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Disciplinary sanctions, in particular, include the dismissal of an employee on the grounds provided for in paragraphs 5, 6, 9 or 10 of part one of Article 81, paragraph 1 of Article 336 or Article 348.11 of this Code, as well as paragraph 7, 7.1 or 8 of part one of Article 81 of this of the Code in cases where guilty actions that give grounds for loss of confidence, or, accordingly, an immoral offense are committed by an employee at the place of work and in connection with the performance of his labor duties. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 13-FZ of 28.02.2008, No. 231-FZ of 03.12.2012)

It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline. (Part four was introduced by Federal Law No. 90-FZ of June 30, 2006)

When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account. (Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 193. The procedure for applying disciplinary sanctions

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up. (part one as amended by Federal Law No. 90-FZ of 30.06.2006)

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 194. Removal of a disciplinary sanction

If within a year from the date of application of the disciplinary sanction, the employee is not subjected to a new disciplinary sanction, then he is considered not to have a disciplinary sanction.

The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

Article 195

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body of employees.

In the event that the fact of a violation is confirmed, the employer is obliged to apply a disciplinary sanction up to and including dismissal to the head of the organization, the head of the structural unit of the organization, their deputies.

Therefore, there are three types of disciplinary offenses:

culpable violation by an employee of technological standards ( technological);
Guilty non-fulfillment or improper observance by the subject of labor law of the norms of subordination and coordination in the process of labor management ( managerial);
culpable non-observance by the subject of an employment relationship of the norms governing working time and rest time regime, i.e. violating the "working hours" - Art. 100 of the Labor Code of the Russian Federation).

The type of disciplinary offense affects the procedure for establishing circumstances indicating non-fulfillment or improper observance by the employee of his labor duties.

So, when producing defective products, the fault of the employee is established in case of violation of technological standards, absenteeism, being late for work, unproductive use of working time (guilty violation by the employee of the working time regime). Investigation of managerial misconduct involves the establishment of the guilty in the employee's failure to comply with the legal order of the head of the production process.

Labor discipline is a necessary condition for the organization of the labor process, which is impossible without the subordination of its participants to a certain order. Thus, labor discipline is an integral part of the relations that arise between the parties in the process of labor activity.

Article 189 of the Labor Code of the Russian Federation, in force since February 1, 2002, establishes a general definition of the concept of "labor discipline" used in labor legislation:

“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 federal laws, a collective agreement, agreements, local regulations, an employment contract.”

Labor discipline implies the existence of mutual rights and obligations of the employer and employee. The list of basic rights and obligations of the parties to labor relations is given in articles 21 and 22 of the Labor Code of the Russian Federation. Article 21 of the Labor Code of the Russian Federation contains a fairly detailed list of the basic rights and obligations that all employees have, regardless of any conditions of labor relations, including whether the employer is an individual or a legal entity.

Thus, the employee has the right to:

· “concluding, amending and terminating an employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
providing him with a job stipulated by an employment contract;
· workplace corresponding to the state regulatory requirements labor protection and conditions stipulated by the collective agreement;
timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working public holidays paid annual leave;
full reliable information about working conditions and labor protection requirements at the workplace;
professional training, retraining and advanced training in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws;
· Association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;
participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement;
· conducting collective negotiations and conclusion of collective contracts and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;
protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
· resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;
compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
· obligatory social insurance in cases stipulated by federal laws.

The employee is obliged:

· conscientiously fulfill their labor duties assigned to him by the employment contract;
Comply with the rules of internal labor regulations;
observe labor discipline;
to comply with the established labor standards;
Comply with labor protection and labor safety requirements;
· take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;
immediately notify the employer or immediate supervisor of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property).

The above rights and obligations of a general employee receive their clarification in other regulatory legal acts containing labor law norms, local regulations, as well as in collective agreements, agreements.

The labor rights and obligations of an employee to work in a certain position, specialty, profession are further specified in an employment contract concluded between an employee and an employer.

At the same time, the establishment of specific rights and obligations of an employee to work in a certain position, specialty, profession and the procedure for their implementation is also allowed in the job description, with which the employee hired must be familiarized with signature. At the same time, it should be noted that a properly drawn up job description in some cases plays a significant role in the relations of the parties regulated by labor legislation.

In accordance with the Labor Code of the Russian Federation, the rights and obligations of the employee correspond to the corresponding rights and obligations of the employer. According to article 22 of the Labor Code of the Russian Federation, the employer has the right:

· “conclude, amend and terminate employment contracts with employees in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
Conduct collective bargaining and conclude collective agreements;
encourage employees for conscientious efficient work;
Require employees to fulfill their labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees, compliance with internal labor regulations;
· bring employees to disciplinary and financial liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
adopt local regulations (with the exception of employers - individuals, which are not individual entrepreneurs);
· create associations of employers in order to represent and protect their interests and join them.

The employer is obliged:

· comply with labor legislation and other normative legal acts containing labor law norms, local normative acts, terms of the collective agreement, agreements and labor contracts;
provide employees with work stipulated by the employment contract;
ensure safety and working conditions that comply with state regulatory requirements for labor protection;
provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;
provide employees with equal pay for work of equal value;
pay the full amount due to employees wages within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement, internal labor regulations, labor contracts;
conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by the Labor Code of the Russian Federation;
provide employees' representatives with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;
familiarize employees against signature with the adopted local regulations that are directly related to their labor activity;
timely comply with the instructions of the federal executive body authorized to conduct state supervision and control over compliance with labor laws and other regulatory legal acts containing labor law norms, other federal executive bodies exercising the functions of control and supervision in the established field of activity, pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;
Consider submissions of relevant trade union bodies, other representatives elected by employees on revealed violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report the measures taken to these bodies and representatives;
create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement;
provide for the everyday needs of employees related to the performance of their labor duties;
· carry out compulsory social insurance of employees in the manner prescribed by federal laws;
Compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;
perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.

Based on the above norms of labor legislation, it is possible to distinguish a complex disciplinary rights and obligations of the employee and the employer.

The employee is obliged to conscientiously fulfill his labor duties, comply with the internal labor regulations, labor discipline, including the timely and accurate execution of the employer's orders, comply with the established labor standards, comply with the requirements for labor protection, safety and industrial sanitation, take care of the employer's property. And the employer is obliged to organize the work of employees and pay them, create the conditions necessary for employees to comply with labor discipline, including ensuring safety and working conditions that comply with state regulatory requirements for labor protection, and provide for the everyday needs of employees related to the performance of their labor duties.

In this case, the employer must be guided by the requirements and provisions of the Labor Code of the Russian Federation, other regulatory legal acts containing labor law norms, local regulations, a collective agreement, agreements, local regulations, an employment contract.

Labor discipline involves the creation by the employer of the necessary economic, material and organizational conditions for normal highly productive work. In addition, it is the responsibility of the employer to establish the normative fixing of the labor regulations. For these purposes, the employer (with the exception of employers - individuals who are not individual entrepreneurs) is empowered to develop and adopt a system of local regulations containing instructions on the rules of behavior of employees in the labor process. The employer, by virtue of managerial powers, has, among other things, disciplinary power. The hired worker, concluding an employment contract, recognizes this authority for the employer and undertakes to obey it.

The employer is given the right to encourage employees for conscientious efficient work, as well as to bring negligent employees to disciplinary responsibility.

When the employer applies disciplinary measures, he is obliged to strictly comply with all the requirements established by the current labor legislation. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline. In addition, the application of disciplinary sanctions in violation of the procedure established by the Labor Code of the Russian Federation is not allowed.

Thus, in the field of labor discipline, the employer has the following powers:

· adopts local regulations governing the internal labor regulations;
specifies the rights and obligations of each employee in accordance with the employment contract ( job description) and current labor legislation;
Requires employees to fulfill their labor duties and take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;
requires employees to comply with the internal labor regulations;
Evaluates the activities of the employee from the standpoint of the performance of his labor duties;
encourages employees for conscientious efficient work;
Conducts disciplinary investigations
· bring employees to disciplinary responsibility in the manner prescribed by the Labor Code of the Russian Federation, other federal laws.

It should be noted that in the theory of law, the concepts of labor, production and technological discipline are distinguished. Production discipline is aimed at ensuring order in production, related to the implementation of labor standards, respect for the property of the employer, compliance with order in the workplace, and so on. Technological discipline - an integral part of production discipline, consists in observing technological processes, rules for handling machines and so on.

Thus, labor discipline is a concept that implies a certain order of relationships for participants in labor relations, and includes a number of concepts that define the mandatory rules for regulating a particular employer's labor schedule, labor protection, remuneration, labor rationing, and so on.

Labor discipline is a hallmark of labor relations. The duty to observe labor discipline is one of the main duties of the employee as a subject of labor relations. At the same time, the employer is obliged to create the conditions necessary for employees to comply with labor discipline.

The parties to disciplinary relations are all participants in labor relations, primarily the employee and the employer. This is followed by relations between the labor collective and its members, the administration and the labor collective, the worker and the worker, and so on. As an independent institution of labor law, labor discipline is a set of norms, rules of conduct that regulate relations in the field of labor discipline.

In this regard, the content of labor discipline can be considered in two aspects: objective and subjective. AT objective sense labor discipline includes the norms that establish the labor schedule by fixing the labor duties of employees and the employer, the rules of conduct in the labor process, a certain mode of work and rest. This routine is regulated by the norms of the Labor Code of the Russian Federation, other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, an employment contract, adapts to the conditions of production, peculiarities of labor organization and is valid for a particular employer in the form of an internal labor schedule.

subjective the side of labor discipline is the assessment of the behavior of employees in the labor process, which includes incentives for success in work, stimulating disciplined work, as well as bringing to responsibility for violation of labor discipline. In a subjective sense, labor discipline can be considered as an indicator of compliance with the internal labor regulations, as the lawful behavior of participants in labor relations.

Labor discipline is a form of social connection between people, which leads to a change in its content, incentives and methods of ensuring it along with the development of social relations.

At present, the strengthening of labor discipline requires other incentives to strengthen labor motivation. Labor motivation is a factor that determines the inclusion of the interests of each individual in productive work. Motivation to work is a subjective aspect of labor discipline. Labor motivation can be influenced through psychological and moral influence (the method of persuasion), material and moral and legal incentives, the provision of various benefits and benefits (the method of encouragement), as well as through disciplinary measures applied to violators of labor discipline (the method of coercion).

In general, labor discipline management methods can be divided into three groups: economic, psychological and legal. Let us dwell in more detail on the methods of legal influence.

If earlier the “Labor Code of the Russian Federation” (lost force on February 1, 2002) distinguished three methods: persuasion, encouragement and coercion, then within the framework of the current Labor Code of the Russian Federation, which reflected the change in social relations in our country, only encouragement methods are normatively fixed and coercion.

It should be noted that the practice of applying these methods dates back thousands of years. Over the centuries, it was not the methods that changed, but their content and combination. At the same time, encouragement and coercion are most often used to manage labor discipline, because for a long time the art of managing people has been a skillful combination of the “carrot and stick” method.

Labor discipline can be considered as a set of legal means and measures to establish, comply with and ensure internal labor regulations.

The methods of regulating labor discipline include:

· belief;
· encouragement;
coercion (that is, bringing to disciplinary responsibility).

At the same time, the majority point to the exclusively psychological and moral nature of the method of persuasion. The method of persuasion, as an educational measure of influence on the consciousness of an employee in order to induce him to useful activities or prevent unwanted actions, in modern conditions market economy, unemployment, an overabundance of labor force has practically lost its relevance. Now an employer with violators of labor discipline can terminate an employment contract and fill vacancies with competent, disciplined professionals. However, it is very important in these cases that the employer remembers his obligation to strictly follow the law and the norms of local regulations.

Moreover, if the method of persuasion can be used solely at the discretion of the employer, administration or labor collective, then the application of incentives and disciplinary sanctions is regulated legal regulations federal and local levels.

Labor Code, N 197-FZ | Art. 189 Labor Code of the Russian Federation

Article 189 of the Labor Code of the Russian Federation. Labor discipline and work schedule (current version)

The labor schedule is determined by the internal labor regulations.

BB code
Text

Document URL [copy ]

Commentary on Art. 189 Labor Code of the Russian Federation

1. Labor discipline - necessary condition(element) of any collective labor, regardless of the organizational and legal form of organization and socio-economic relations that have developed in society. Without observing the established rules of conduct, labor discipline, it is impossible to achieve the goal for which a joint labor process is organized.

In accordance with part 1 of the commented article, labor discipline is obligatory for all employees to obey the rules of conduct defined in accordance with the Labor Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract.

In the very general view the rules of conduct for employees (their basic rights and obligations) are defined in Art. 21 TC (see comments to it). In each specific organization, these rules are specified in the collective agreement, agreement, local regulations, labor contract.

2. To ensure labor discipline, it is necessary to create appropriate organizational and economic conditions for normal production activities. The creation of such conditions, Part 2 of the commented article imposes on the employer. The duty of the employer formulated in it in a general form to create the conditions necessary for employees to observe labor discipline is specified in other articles of the Labor Code and federal laws, in other regulatory legal acts containing labor law norms, a collective agreement, agreement, local regulations, labor contract. So, in accordance with Part 2 of Art. 22 of the Labor Code, the employer is obliged: to provide employees with work stipulated by the employment contract; provide them with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; ensure safety, security and health at work; pay employees wages in full and on time; provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement; provide for the everyday needs of employees related to the performance of their labor duties, etc. (see comments to it).

3. The obligation of the employee and the employer to observe labor discipline means, first of all, the obligation to comply with the labor schedule established by the employer. The labor schedule is determined by the internal labor regulations.

In accordance with part 4 of the commented article, the internal labor regulations are a local normative act. As a local normative act, the internal labor regulations must be adopted in accordance with the rules established by Art. 8 of the Labor Code (see comments to it and to article 190).

The content of the internal labor regulations for each employer is determined in relation to the specific conditions and specifics of his work. However, it must comply with the Labor Code and other federal laws. Thus, the rights and obligations of employees and the employer should be determined in the internal labor regulations, taking into account the provisions of Art. Art. 21 and 22 TC; the procedure for hiring - in accordance with the requirements of Art. 68 TK. The procedure for dismissal of employees must comply with the rules established by Art. Art. 77 - 84, 179 - 181 and other articles of the Labor Code.

The legislator does not limit the content of the internal labor regulations to the provisions expressly specified in Part 4 of Art. 189 TC. They may include other issues that require settlement with the employer. In each case, their nature is determined by the employer.

4. Along with the rules of internal labor regulations in some sectors of the economy (railway, sea, river transport; communications, etc.), charters and regulations on discipline are in force for certain categories of workers. In accordance with part 5 of the commented article, the charters and regulations on discipline are established by federal laws. Currently, before the adoption of the relevant laws, the statutes and regulations on discipline approved by the Government of the Russian Federation are in force. They provide for increased requirements for certain categories of workers in certain industries. The need to present to them more high demands due to the fact that violation of the rules established by them can lead to serious consequences.

For example, the Regulations on the discipline of railway workers of the Russian Federation, approved. Decree of the Government of the Russian Federation of 25.08.1992 N 621 established that in order to ensure the safety of train traffic and shunting work, the safety of transported goods, luggage and other entrusted property, as well as to avoid situations that threaten the life and health of passengers, from employees of enterprises, institutions and organizations of railway transport require high organization in work and impeccable performance of labor duties. Violation of discipline in railway transport poses a threat to the life and health of people, the safety of train traffic and shunting operations, the safety of transported goods, luggage and other entrusted property, and also leads to non-fulfillment of contractual obligations.

The named Regulation applies to all employees of railway transport organizations, regardless of their organizational and legal form and form of ownership, with the exception of employees expressly specified in the Regulation. In particular, it does not apply to workers in housing and communal services and consumer services, workers' supply systems, Catering in railway transport (except for employees of dining cars), medical and sanitary, educational institutions, etc. By Decree of the Government of the Russian Federation of 10/11/1993 N 1032, this Regulation, with the exception of certain points, is extended to metro workers.

Decision of the Supreme Court: Decree N 301-AD14-1385, Judicial Collegium for Administrative Cases, cassation

On the basis of paragraph 2 of Article 188 of the Customs Code of the Customs Union, the declarant is obliged to customs declaration goods, submit to the customs authority the documents on the basis of which the customs declaration is completed. Article 189 of the Customs Code of the Customs Union establishes that the declarant is liable in accordance with the legislation of the Member States Customs Union for failure to fulfill the obligations provided for by Article 188 of this Code, as well as for the statement of false information specified in customs declaration, including when taking customs authorities product release decisions using a risk management system...

+More...