Labor Code Article 189 190. Labor Code of the Russian Federation. Information about changes

31.03.2020

New edition Art. 189 Labor Code of the Russian Federation

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.

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.

The labor schedule is determined by the internal labor regulations.

Internal labor regulations - 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 employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other regulatory issues labor relations at this employer.

Commentary on Article 189 of the Labor Code of the Russian Federation

Article 189 of the Labor Code of the Russian Federation defines labor discipline and internal labor regulations. According to this article, discipline is obligatory obedience for all employees to the rules of conduct defined in accordance with the labor legislation of our country. The internal labor regulations are a local regulatory act that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours and rest periods, incentives and penalties for personnel, as well as other issues of regulating labor relations in a particular company. The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

Another commentary on Art. 189 of the Labor Code of the Russian Federation

1. The concept of labor discipline, formulated in the commented article, as a whole reflects the essence of the employee's obligation to comply with certain rules of conduct in the labor process. The content of labor discipline is the subordination of the employee to the provisions of labor legislation, the terms of the employment contract and the orders of the employer based on them. In the very general view the duties of the employee are defined in the provisions of Part 2 of Art. 21 of the Labor Code of the Russian Federation (see commentary). The very essence of labor relations determines the obligation of the employee to fulfill the orders of the employer as the owner of the means of production.

2. Labor discipline includes the mutual rights and obligations of the employer and employee. The employer is obliged to create appropriate conditions for the observance of labor discipline: the organization must have a system of local regulations containing instructions on the rules of behavior for employees in the labor process. This system of acts includes job descriptions, qualification characteristics employees, shift schedules, vacation schedule, etc. The most important of the local regulations in terms of focusing on ensuring labor discipline are the internal labor regulations. In terms of their significance and place in the regulation of labor relations, they are comparable with the collective agreement. All other local regulations can serve as annexes to these two acts, which form the basis of the local legal regulation.

3. The internal labor regulations should include rules on the procedure for hiring, indicating which of officials the employer has the right to approve and sign the employment contract, which documents, depending on the position or work performed, must be submitted when applying for a job (see article 65 of the Labor Code of the Russian Federation and commentary thereto).

4. The internal labor regulations should fix the procedure for dismissal of employees, which determines the procedure for filing an application for dismissal at the initiative of the employee, the procedure for signing a bypass sheet (if any), handing over material assets in the use of the employee, etc. Particularly detailed in the rules of internal labor regulations should regulate the application of incentives and disciplinary measures to employees (see Art. 191, to them).

5. Fixing the rights and obligations of the employer and employee in the internal labor regulations is based on the provisions of Art. Art. 21 and 22 of the Labor Code of the Russian Federation (see comment), and no more detailed specification is carried out.

6. The internal labor regulations must contain norms on the mode of operation of the organization: the beginning of work and its completion; break times at work. In multi-shift work, it is advisable to draw up shift schedules as independent acts or attach them to the internal labor regulations (see article 103 of the Labor Code of the Russian Federation and commentary thereto).

7. Maintaining and strengthening labor discipline is facilitated by the extremely clear consolidation of the provisions on rest time. Local norms on the duration of the main and additional holidays for groups of workers, it is advisable to fix in the collective agreement, and on the beginning and duration of breaks during the working day - in the internal labor regulations.

8. Recently, in addition to the internal labor regulations, such local regulations as the rules of conduct for employees of an organization, where corporate rules that are more ethical than legal. These include rules regarding appearance workers, their clothes, the order of communication of workers among themselves and with visitors (clients, patients, etc.). In this case, in the internal labor regulations, blanket norms are formulated that refer to the named local acts.

9. In organizations of certain sectors of the economy, along with the internal labor regulations, charters and regulations on the discipline of employees are in force. The presence of these acts is due to the special complexity of the work of workers in these industries and the increased requirements for their observance of labor discipline. For example, non-observance of labor discipline by railway or maritime transport workers under certain circumstances can cause serious man-made accidents. Therefore, along with the disciplinary measures established by the Labor Code, certain additional measures, provided for by the charters and regulations on discipline (see article 192 of the Labor Code of the Russian Federation and commentary to it). But at the same time, the charters and regulations on the discipline of workers in certain industries provide for additional types of incentives that can be applied for conscientious performance job duties(see article 191 of the Labor Code of the Russian Federation and commentary to it).

10. The following disciplinary statutes, statutes and discipline regulations are currently in force:

Regulations on the discipline of railway workers Russian Federation, approved by Decree of the Government of the Russian Federation of August 25, 1992 N 621 (SAPP RF. 1992. N 9. Art. 608). In accordance with Decree of the Government of the Russian Federation of October 11, 1993 N 1032 (SAPP RF. 1993. N 42. Art. 4008), this Regulation is extended to regulate the labor of metro workers;

Disciplinary charter of militarized mine rescue units in transport construction, approved by Decree of the Government of the Russian Federation of July 30, 1994 N 879 (СЗ RF. 1994. N 17. St. 1979);

Disciplinary charter of militarized mine rescue units for servicing mining enterprises of the metallurgical industry, approved by Decree of the Government of the Russian Federation of January 16, 1995 N 47 (SZ RF. 1995. N 4. Art. 310);

Disciplinary charter customs service Russian Federation, approved by Decree of the President of the Russian Federation of November 16, 1998 N 1396 (SZ RF. N 47. 1998. Art. 5742);

Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy, approved by Decree of the Government of the Russian Federation of July 10, 1998 N 744 (SZ RF. 1998. N 29. Art. 3557);

Charter on the discipline of maritime transport workers, approved by Decree of the Government of the Russian Federation of May 23, 2000 N 395 (СЗ RF. 2000. N 22. Art. 2311);

Charter on the discipline of workers of the fishing fleet of the Russian Federation, approved by Decree of the Government of the Russian Federation of September 21, 2000 N 708 (SZ RF. 2000. N 40. Art. 3965);

Charter on the discipline of the crews of naval support vessels, approved by Decree of the Government of the Russian Federation of September 22, 2000 N 715 (SZ RF. 2000. N 40. Art. 3966).

11. The statutes and regulations on discipline may not apply to all workers in the industry, but only to those whose actions may cause increased harm. Thus, the Ministry of Transport of the Russian Federation, by Order of August 25, 2000 N 89, approved the List of employees who are subject to the Charter on the discipline of maritime transport workers, including workers in key positions. On the other hand, the operation of discipline statutes may be intersectoral in nature, i.e. apply to workers in the same job, but in different industries. Ministry of General and vocational education of the Russian Federation, by Order of August 25, 1998 N 2220, the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy was extended to a number of employees of educational institutions whose work is related to the use of atomic energy sources.

The labor schedule is determined by the internal labor regulations.

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 with this employer.

Article 190

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.

The internal labor regulations, as a rule, are an annex to the collective agreement.

The labor schedule is determined by the internal labor regulations.

Commentary on Art. 189 Labor Code of the Russian Federation

1. This article, defining the concept of labor discipline, also establishes in a general form the rules that ensure its observance, which are reflected in the basic rights and obligations of the parties to the employment contract (see commentary on articles 21, 22, 56, 212 of the Labor Code) .2. The content of the internal labor regulations governing the regulation of labor relations with a given employer is established in relation to a particular organization.3. When developing internal labor regulations, it is possible to recommend to employers as a model the previously valid Model internal labor regulations for workers and employees of enterprises, institutions and organizations, approved by the Decree of the USSR State Labor Committee in agreement with the All-Union Central Council of Trade Unions of July 20, 1984 N 213 (BNA USSR. 1985 .N 1).4. In some sectors of the economy (in transport, in organizations with especially dangerous industries, etc.) for certain categories employees are subject to centrally approved charters and regulations on discipline (see commentary to articles 192, 330 of the Labor Code).

Judicial practice under article 189 of the Labor Code of the Russian Federation

A position similar to the above is set out in the ruling of the Cassation Board Supreme Court of the Russian Federation dated March 16, 2006 N KAS06-57, which recognized paragraph two of clause 9 of the previously effective Regulations on the peculiarities of the regime of working hours and rest time, working conditions of certain categories of railway workers directly related to the movement of trains as in accordance with the current legislation, approved order of the Ministry of Railways of the Russian Federation dated March 5, 2004 N , containing the same prescription as the contested one.

Resolution of the Supreme Court of the Russian Federation of January 26, 2018 N 36-AD17-8

Federal laws, charters and regulations on discipline (part five of article of the Labor Code of the Russian Federation) for certain categories of employees may also provide for other disciplinary sanctions (part two of article 192 of the said Code).

According to Articles 57 - 59.3 of the Law on the State Civil Service, the decision on the application of a disciplinary sanction to a civil servant provided for in paragraphs 1 - 3 of Part 1 of Article 57 of the said Federal Law, and the penalty provided for in Article 59.1 of the said Federal Law, shall fall within the competence of the representative of the employer and carried out in the manner prescribed by this Federal Law.
5473-1 "On institutions and bodies executing criminal penalties in the form of deprivation of liberty", articles 2, 3, 4, 34, 34.1 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, subparagraph 4 of paragraph 3, paragraph 4, subparagraphs 1, 2 , 6, 8 of paragraph 7, subparagraphs 7, 8, 14, 19, 22, 24 of paragraph 11 of the Regulation on Federal Service execution of sentences, approved by Decree of the President of the Russian Federation of October 13, 2004 N 1314. Ch. sees a violation of his rights in the fact that the (partially) disputed provisions create obstacles to the recognition, protection and restoration of his labor (service) rights to serve in institutions and bodies of the penitentiary system (hereinafter also referred to as the penitentiary system), to provide monetary allowance and social guarantees.

Attention In terms of their significance and place in the regulation of labor relations, they are comparable with the collective agreement. All other local regulations can serve as annexes to these two acts, which form the basis of local legal regulation. 3. Art. 65 of the Labor Code of the Russian Federation and commentary to it). 4. The internal labor regulations are a local normative act that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours and rest periods, incentives and penalties for personnel, as well as other issues of regulating labor relations in a particular company. The employer is obliged to create the conditions necessary for employees to comply with labor discipline. Another comment to Art.

Labor Code of the Russian Federation article 189 - article 190

Federal Law of 30.06.2006 N 90-FZ) The internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. (as amended by Federal Law No. 90-FZ of 30.06.2006) The internal labor regulations, as a rule, are an annex to the collective agreement. (as amended by Federal Law No. 90-FZ of June 30, 2006) Chapter 30.
DISCIPLINE OF LABOR Article 191. Incentives for work The employer encourages employees who conscientiously fulfill their labor duties (declares gratitude, issues a bonus, rewards with a valuable gift, diploma, represents the title of the best in the profession).

Article 189 of the Labor Code of the Russian Federation. discipline and work schedule

Attention

New edition Art. 189 of the Labor Code of the Russian Federation 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. 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. The labor schedule is determined by the internal labor regulations.

Article 189. Labor discipline and work schedule

N 2220 extended the scope of the Charter on the discipline of employees of organizations with especially dangerous production in the field of the use of atomic energy to a number of employees of educational institutions whose work is related to the use of atomic energy sources. Strictly speaking, the application of the normative acts listed above - charters and regulations on the discipline of workers in a number of sectors of the economy - at present (starting from October 6, 2006) does not comply with the requirements of the Labor Code, since these acts are not established federal law, as required by Part 5 of Art. 189 of the Labor Code, but by decrees of the Government of the Russian Federation and a decree of the President of the Russian Federation.

Labor Code of the Russian Federation

If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up. (As amended by the Federal Law of 30.06.2006 N 90-FZ) 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 of 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
A specific feature of an employment contract that distinguishes it from civil law contracts (work contracts, assignments, paid provision services, etc.), is the subordination of the employee to the internal labor schedule established in the organization (observance of the working hours, technological discipline, timely execution of orders and orders of the employer, etc.). in number essential conditions that make up the content of the employment contract, the rights and obligations of the employee, the mode of work and rest, if it differs from general rules established in the organization (see article 57 and comments to it). 4. Part 2 of Article 189 of the Labor Code of the Russian Federation states that labor discipline is ensured by the creation of the necessary organizational and economic conditions for normal high-performance work.

Comments to Article 190 of the Labor Code of the Russian Federation

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. Application procedure disciplinary action 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. (in ed.
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 of June 30, 2006) Article 192.
Disciplinary penalties For committing a disciplinary offense, that is, non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary penalties: 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. (in ed.

Info

Article 190 of the Labor Code of the Russian Federation. The procedure for approving the internal labor regulations According to part 1 of the commented article, the internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees. Accounting for the opinion of the representative body of employees is carried out in the manner prescribed by Art. 372 of the Labor Code for the adoption of local regulations (see comments to it). Thus, the internal labor regulations, as provided for in Art.

4 tbsp. 189 of the Labor Code of the Russian Federation, are a local normative act. As a local normative act, the internal labor regulations should be a separate document. However, in accordance with part 2 of the commented article, as a rule, it is an annex to the collective agreement.

Labor Code article 189 190 what year of publication

So, the employer is obliged to provide work stipulated by the employment contract; ensure labor safety and conditions that meet the requirements of labor protection and hygiene; provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; pay on time wages; take care of the everyday needs of employees related to the performance of their labor duties. With a clear fulfillment by the employer of his duties in organizing the work and life of employees (Article 22 of the Labor Code), there are no grounds for violations of labor discipline in the organization. 5. The internal labor regulations establish: the procedure for hiring and dismissing employees, the obligations of the employee and the employer, the working hours of the organization, incentives for work and liability for violations of labor discipline.

Full text of Art. 189 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 189 of the Labor Code of the Russian Federation.

The labor schedule is determined by the internal labor regulations.
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 with this employer.

Commentary on Article 189 of the Labor Code of the Russian Federation

1. This article defines the concept of "labor discipline".

Discipline means obligatory obedience for all members of a certain team to the established order, rules. Labor discipline is ensured by the creation of the necessary organizational and economic conditions for normal high-performance work, a conscious attitude to work, methods of persuasion, education, as well as encouragement for conscientious work (part 1 of the Model internal labor regulations for workers and employees of enterprises, institutions, organizations approved Decree of the State Committee for Labor of the USSR dated July 20, 1984 N 213, applied in the part that does not contradict the Labor Code of the Russian Federation, in accordance with Article 423 of the Labor Code of the Russian Federation).

Such rules of conduct, necessary for compliance by all employees, are established:
- Labor Code of the Russian Federation. So, from the content of pp. "b" p.6 of Art. 81 of the Labor Code of the Russian Federation follows the obligation of the employee not to appear at work in a state of alcoholic, narcotic or other toxic intoxication, for employees performing educational functions - the obligation not to commit an immoral offense incompatible with the continuation of this work. For violation of these rules, the employer, on its own initiative, may apply a disciplinary sanction in the form of dismissal of the employee.

You can also name the athlete's duties to comply with the sports regime established by the employer and fulfill plans for preparing for sports competitions. In Art. 348.2 of the Labor Code of the Russian Federation refers to the obligation of an athlete to take part in sports competitions only at the direction of the employer, to comply with the all-Russian anti-doping rules and the approved anti-doping rules;
- other federal laws. Basically, special laws establish a number of requirements for official conduct state and municipal employees. Yes, Art. 18 of the Federal Law "On the State Civil Service of the Russian Federation" provides that a civil servant is obliged to proceed from the fact that the recognition, observance and protection of the rights and freedoms of man and citizen determine the meaning and content of his professional service activities, not to give preference to any public or religious associations , professional or social groups, organizations and citizens, to comply with other requirements;
- collective agreement (see article 40 of the Labor Code of the Russian Federation and commentary thereto);
- agreements (see article 45 of the Labor Code of the Russian Federation and commentary thereto);
- LNA (see article 8 of the Labor Code of the Russian Federation and commentary to it);
- direct employment contract. Article 56 of the Labor Code of the Russian Federation establishes that, under an employment contract, an employee undertakes, among other things, to comply with the internal labor regulations in force with this employer. A reference to the need for their compliance by the employee is contained in Art. 21 of the Labor Code of the Russian Federation. At the same time, in Art. 57 of the Labor Code of the Russian Federation, which determines the content of an employment contract, there is no question of the mandatory inclusion of conditions on labor discipline in it. They are not mentioned among the additional conditions. This is partly due to the fact that such conditions are usually contained in the internal labor regulations common to all employees - the LNA of the employer.

The employer is obliged to create the conditions necessary for employees to comply with labor discipline (for example, provide employee access to workplace at the set time). Such an obligation must comply with labor legislation and other regulatory legal acts that contain labor law norms, a collective agreement, agreements, LNA and an employment contract. In other words, the employer must ensure that the employees can fulfill all the requirements established for them regarding labor discipline.

2. The labor schedule is the established rules of behavior for employees in a particular organization, which are designed to regulate the behavior of all members of the team, subordinate their actions to the single goal of the labor process, taking into account the conditions of production and the existing specifics of the organization of labor.

It is determined by the internal labor regulations - the LNA of the employer (see article 190 of the Labor Code of the Russian Federation and commentary to it).

Based on the frequency of mentioning the internal labor regulations in the articles of the Labor Code of the Russian Federation, references to them in fundamental provisions Labor Code of the Russian Federation, we can conclude that this LNA must be accepted by every employer - both a legal entity and an individual, with the exception of individuals, which are not individual entrepreneurs, according to (see articles 15, 21, 22, 91, 100, 104, 108, 109, 111, 119, 136, 191, 330.4 of the Labor Code of the Russian Federation and comments on them).

It also follows from the text of the commented article that the internal labor regulations regulate in accordance with the Labor Code of the Russian Federation and other federal laws:
- procedure for hiring and dismissal of employees. Actually, this procedure should not differ from the procedure established by chapters 11, 13 of the Labor Code of the Russian Federation;
- the basic rights, obligations and responsibilities of the parties to the employment contract (when establishing them, one should be guided, in particular, by articles 21, 22, 196, 212, 228, 232, 234 of the Labor Code of the Russian Federation);
- mode of operation, rest time (chapter 16-19 of the Labor Code of the Russian Federation);
- incentives and penalties applied to employees (Chapter 30 of the Labor Code of the Russian Federation);
- other issues of regulating labor relations with a given employer (for example, the labor regulations may allocate the time necessary to put in order the tools of production and clothing before starting and after finishing work, etc.).

It is advisable to define the structure of the rules internal regulations taking into account the above list with the inclusion of a preamble containing general provisions(goal, objectives, scope of the rules).

According to Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations. Thus, for the employee, the rules should not "go unnoticed", when hiring, he confirms his obligation to comply with them. As a rule, a note on familiarization of the employee with the internal labor regulations is included directly in the employment contract.

3. In accordance with the employer has the right to apply disciplinary sanctions (reprimand, reprimand, dismissal on appropriate grounds) for the commission of a disciplinary offense by an employee, that is, failure to perform or improper performance through his fault of the labor duties assigned to him.

At the same time, as the Supreme Court of the Russian Federation explained in paragraph 35 of the resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, when considering a case on contesting a disciplinary sanction, it should be taken into account that non-fulfillment of labor duties or improper performance through the fault of an employee of the labor duties assigned to him is, among other things , violation of internal labor regulations.

Thus, disciplinary sanctions may be applied to violators of the internal labor regulations. When imposing a disciplinary sanction, the severity of the misconduct committed and the circumstances under which it was committed should be taken into account (Article 192 of the Labor Code of the Russian Federation).

Most often, the internal labor regulations are used to determine the working hours that must be observed by the employee. So, in the definition of Sverdlovsky regional court dated May 15, 2012 in case N 33-6191 / 2012, it is indicated that the internal labor regulations for the employee established a five-day working week with an eight-hour working day, determined the beginning and end of the working day. Based on these data, the court concluded that the employee had violated labor discipline, as a result of which his claim for recognition of orders for the application of disciplinary sanctions as illegal was denied.

4. In accordance with Art. 8 of the Labor Code of the Russian Federation are not subject to the application of the LNA norms that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts that contain labor law norms, as well as a collective agreement, agreements.

In such cases, only labor laws and other regulations should apply. legal acts containing norms of labor law, collective agreement, agreements.

Of course, the employer is not entitled, for example, to set the employee's vacation time below the established limit or deprive him of days off. However, in practice, there are also not so obvious violations by the employer of the norms. labor law when establishing rules that are mandatory for employees to comply with.

First of all, this concerns the so-called dress code, which is expressed, in particular, in the obligation of employees to observe a certain style - both in behavior and in appearance.

It should be noted here, establishes that no one can be restricted in labor rights and freedoms or receive any advantages depending on circumstances not related to business qualities worker.

As the Supreme Court of the Russian Federation explained in paragraph 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, the business qualities of an employee are understood, in particular, as his ability to perform a certain labor function taking into account his professional and qualification qualities, personal qualities employee (for example, the state of health, the presence of a certain level of education, work experience in a given specialty, in a given industry). Also, the employer has the right to present requirements that are established by federal law as mandatory for concluding an employment contract, or are necessary as an addition to the accepted professional qualification requirements (knowledge foreign languages, computer skills).

It can be concluded that when an employer establishes additional requirements for an employee, it should be borne in mind that they, one way or another, must be related to his business qualities.

It must also be taken into account that, according to Art. 29 of the Constitution of the Russian Federation, no one can be forced to renounce their opinions and beliefs and be prosecuted for them. This also applies to employees, including their opinion about their own appearance.

Therefore, it is unacceptable for an employer to establish arbitrary and not caused by objective necessity dress code rules in the internal labor regulations (the same make-up for all employees, maintaining a certain weight, etc.), as well as imposing disciplinary sanctions for violation of such conditions.

Requirements for overalls, if it is established for certain professions (cooks, waiters, etc.), must be established by the internal labor regulations and observed by employees. The obligatory wearing of uniforms in relation to public service (in particular, military uniforms) is established by special laws.

In other cases, a single form of clothing that corresponds to the corporate style of the organization may be recommended to employees by the employer when they create conditions for them to comply with such rules (accordingly, the purchase of clothing must be made by the employer at his own expense).

As for the style of communication, it is quite justified for the employer to demand courtesy from the employee (an expression of respect for the person), especially in the public service sector. Politeness implies goodwill, correctness or the ability to keep oneself within the bounds of decency, even in the event of a conflict situation, including between members of the team. Violation of ethical standards by an employee may result in disciplinary action.

Thus, according to the ruling of the Moscow City Court dated July 1, 2010 in case No. 33-19052/10, it was established that V. violated the norms business ethics, there was a sending of e-mails to employees with threats, rude statements, as a result of which the employer issued an order to declare V. a reprimand. The court confirmed the legitimacy of this order.

Also, the requirement by the employer to demonstrate accuracy from the employee is fully justified - that is, punctuality and responsibility in fulfilling the obligations undertaken.

For certain categories of employees, statutes and regulations on discipline are applied, in particular:
- Charter on the discipline of employees of organizations operating especially radiation hazardous and nuclear hazardous industries and facilities in the field of the use of atomic energy;
- Charter on the discipline of workers of the fishing fleet of the Russian Federation, approved by the Decree of the Government of the Russian Federation of September 21, 2000 N 708;
- Charter on the discipline of maritime transport workers, approved by the Decree of the Government of the Russian Federation of May 23, 2000 N 395;
- Regulations on the discipline of employees of the railway transport of the Russian Federation, approved by the Decree of the Government of the Russian Federation of August 25, 1992 N 621, etc.

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