Administrative and disciplinary liability are the consequences that may occur in case of failure to comply with certain requirements. The first concept covers a wider scope of unlawful acts. Disciplinary action takes place in case of non-compliance with the provisions of the Labor Code. The law provides for certain penalties for the commission of such unlawful acts. Let us further consider the disciplinary procedure. 
General information
Disciplinary liability of an employee occurs when he commits a misconduct. The latter should be understood as the improper performance or non-fulfillment by the employee of the duties that are assigned to him in accordance with the contract. Any guilty person can be brought to disciplinary liability, regardless of his position. In other words, the provisions of the TC apply to all specialists without exception.
Classification
The current legislation provides for the following types of disciplinary liability:
- Special.
- The total.
The latter is provided for by the provisions of the Labor Code, the rules on the internal regulations of the enterprise. Special labor disciplinary liability is established by charters and regulations for specific categories of specialists. General provisions apply to all employees, without exception. 
Special disciplinary responsibility: regulatory framework, specificity
First of all, it should be noted that penalties can be applied to a strictly defined circle of persons. Only they are subject to relevant standards. The distinctive features also include special penalties. In addition, the law defines a circle of bodies and persons empowered to apply certain punishments. So, for example, special disciplinary liability is established:
- Federal Law No. 114. This Law regulates service in customs.
- Federal Law governing the activities of civil servants of the Russian Federation, and so on.
Federal laws and industry charters also determine the penalties that apply for a disciplinary offense. 
The responsibility of a customs officer, for example, may be in the form of:
- Remarks.
- Strict reprimand.
- Incomplete warning as a result of certification.
- Layoffs.
- Dismissal from a post.
Another feature of special responsibility for disciplinary misconduct is the special procedure for appealing sentences.
The composition of the act
Disciplinary proceedings are permitted when a person commits an illegal act. The action contains two elements:
- Objectively unlawful behavior of the subject. It is expressed directly in the fact of improper performance or refusal to perform the duties imputed to him. Such behavior can be expressed in the form of inaction or action and is the objective side of the offense.
- Fault of a person in improper performance or refusal to perform duties. This element forms the subjective side of the act.
Explanation
Non-observance of labor discipline provides for the presence of guilt in the behavior of a person. Otherwise, penalties cannot be applied to him. For example, a customer purchased a refrigerator with a hidden defect. The consumer has filed a complaint. As a result of its consideration, the store administration punished the seller. These actions will be unlawful.In this case, the presence of a defect in the product is not the seller’s fault, and he, in turn, could not know about it. 
Types of disciplinary liability can be applied in case of improper performance or refusal by a person to fulfill his duties stipulated in the job description, contract, rules and other local documents of the organization. For example, a specialist did not observe the daily routine, he casually reacted to the task assigned to him, came to work in a state of intoxication, and so on. The indicated elements of the composition of the act are sufficient and necessary in order for the employee to be disciplined.
Important point
When using certain punishments, one should take into account that material damage and the connection between it and the fact of committing an unlawful act are not part of a disciplinary offense. These circumstances may affect the choice of a penalty. They can also act as the basis for the onset of material liability of a specialist.
Penalties
Disciplinary responsibility involves the employer of the following general penalties:
- Rebuke.
- Comment.
- Dismissal.
It should be noted that the punishment in the form of dismissal may not be applied for any violation, but only in cases that are expressly provided for in Art. 81 of the Labor Code and a number of other regulatory acts of the Code, as well as some other laws, the provisions of which establish additional grounds for the dismissal of certain categories of employees. The list above is considered to be exhaustive for most specialists. Other penalties may be provided by industry charters for certain categories of employees.
Special penalties
The Regulation on the discipline of railway employees provides for such types of punishments as:
- Deprivation of a driver’s license for the right to drive a locomotive.
- Dismissal for violation of disciplinary standards that created a threat to the safe movement of trains, shunting operations, as well as a risk to the life and health of passengers or led to a violation of the integrity of cargo, entrusted property, baggage, failure to fulfill prescribed duties for servicing citizens and so on.
The employees of the crew of the river, sea and fishing fleet may be punished in the form of:
- Deprivation of rights to manage these modes of transport.
- Transfer to a lower position.
- Disqualifications and so on.
The above examples illustrate the manifestation of special disciplinary liability. It is applicable in areas where additional provisions and charters apply, and applies only to those employees who determine the specifics of a particular industry.
Features of the execution of sentences
No penalties, except for the above and directly regulated by special provisions and charters, can not be established by the rules of the company, collective and individual agreements and other local acts. The Labor Code rather strictly regulates cases when there is disciplinary liability. Failure to comply with the provisions therein makes punishment illegal.
Disciplinary liability: rules of application
According to Art. 193 shopping mall, the employer is required to require a written explanation of his actions from the specialist. If the latter refuses to do so, an act is drawn up. The mere reluctance to give written explanations does not relieve the employee of responsibility. But until the employer has requested it, he cannot apply any punishment to the specialist. When prosecuted, a binding rule applies. It consists in the fact that for each misconduct there is only one punishment. This means that reprimand and dismissal for one violation will be illegal.
Limitation period
One of the most important guarantees for a specialist is that disciplinary action can be applied in a strictly regulated period. This fact does not allow the employer to constantly keep the employee in fear. The law states that:
- Penalty cannot be applied later than a month from the date of discovery of the misconduct. In this case, the time of illness, vacation, and the time required to take into account the views of a representative association of workers (in cases where it is necessary) are not considered.
- The penalty is allowed to be applied within six months from the date of the commission of the wrongful act. In the event that a violation is identified as a result of an audit, audit or other audit, you can be held liable for 2 years. This period does not include the period of criminal proceedings.
- The disciplinary order is announced to the employee on receipt within three days from the date of its adoption. If the specialist refuses to sign the order, then the corresponding act is drawn up.
additional information
An employee is given the opportunity by law to challenge a disciplinary action. You can appeal the punishment by filing a complaint with the bodies authorized to consider individual disputes in the field of labor, a court or a state inspectorate. If the use of the penalty is found to be unlawful, the employee will be deemed not punished.
Withdrawal of punishment
If, within a year from the date of application of the penalty, the employee is not disciplined repeatedly, then it shall be deemed extinguished. In other words, this means that the employee has no punishment. The employer, meanwhile, has the right to prematurely remove the penalty from the specialist on his own initiative, at the request of the employee’s immediate boss or representative body (trade union), as well as at the request of the employee.
Punishment functions
Disciplinary responsibility is aimed at:
- Formation of proper employee behavior, determination of the framework for legal and illegal performance of duties.
- Prevention of violations of discipline by the employee subject to punishment, and other specialists. This function is performed, for example, by forming an impression of the inevitability of the occurrence of negative consequences when certain actions are performed.
- Restoration of public relations violated by illegal behavior.
- Formation of persuasion of persons inadmissibility to perform those actions that entail punishment.
Disciplinary responsibility involves imposing sanctions on the guilty subject of a moral (in the form of reprimand) and material (in the form of dismissal) character. The current legislation prohibits the use of penalties and the transfer to a not-so-well-paid position.
Finally
Thus, for violation of the norms of the Labor Code, general or special responsibility is provided. However, in view of the importance that compliance today has with regulations, the law establishes a number of additional interventions. They are not disciplinary, but also have a proper impact on the behavior of subjects. In particular, the law provides for measures of social and material impact. For example, the management of an enterprise may deprive a malicious violator of the right to receive preferential tickets to rest houses and sanatoriums, change the time for granting leave, transfer the queue for the purchase of housing, and so on.
The provisions on bonuses for the quarter or year applicable in the organization provide for the reduction or absolute deprivation of remuneration and other additional incentive payments in case of violation of labor discipline by an employee. The state pays special attention to the activities of employees of authorized state bodies.The authorities impose increased requirements on them, which is reflected in the specifics of bringing them to disciplinary liability.
