By signing an employment contract, a person assumes certain obligations. Some of them reveal to us Art. 189 of the Labor Code of the Russian Federation. It describes the norms of human behavior in production, which are not permissible to violate. It is necessary to take all efforts on the part of the worker and administration, so that labor discipline and work schedule are not violated. This is due to both security and the organization of the work process. Let's take a closer look at the obligations of participants in labor relations arising from the specified paragraph of the law.
Art. 189 of the Labor Code of the Russian Federation: content
With a careful and thoughtful approach to any document, you need to start by reading it. This is beyond doubt. Art. 189 of the Labor Code of the Russian Federation introduces the concept of discipline of labor, regulates what documents it approves at work, who is obliged to accept them and is responsible for the content. In addition, it describes exceptional cases related to public safety.
There are five points in the article. The first says that it is necessary to establish a special order, the purpose of which is to ensure coherence in the labor process. It is required for every employee. Labor legislation contains a number of articles that describe in detail the relationship of the parties to the contract. That is, the item under investigation refers us to other provisions of the TC (5, 8, 21, 22, 57). All these articles are, to one degree or another, related to the rules of conduct governing the interaction of employees and management. They describe the subtleties of the process, highlight the nuances. Art. 189 of the Labor Code of the Russian Federation provides the legislative basis for industrial relations, legally reinforces the rights and obligations of the parties. In addition, this paragraph instructs the employer to take care of the formation of the regulatory framework necessary to resolve contentious issues in this regard.
Discipline of Labor: Definition
Young people quite often confuse responsibilities with rules of conduct. If they are not instructed, then they get to the discipline of labor on their own for quite a long time. Let's fix this annoying misunderstanding.
The discipline of labor is a developed and approved at the enterprise order of interaction of employees. It is necessary so that the production process does not fail. Discipline involves the responsible performance by workers and employees of their duties prescribed in the contract. But not only that.
There are some more behavioral features that you must follow. If you look at what art gives us 189 of the Labor Code of the Russian Federation with comments, it turns out a lot of interesting things. So, it is necessary to be polite in the service, not to swear, to avoid aggressive behavior. This is usually described in the labor regulations. In addition, some organizations require employees to follow a dress code. They are prescribed not only a specific form of clothing, but also the length of the heel on the shoes. At other enterprises, the emphasis is on security.
Documentary base
How to behave during the labor process, described in regulatory papers. This is not only an employment contract. There are all kinds of instructions, local acts. The latter include:
- collective agreement;
- labor regulations;
- shift schedules;
- documents describing job responsibilities.
It should be noted that submission to each of these documents is mandatory for the employee. However, the administration should familiarize him with them under signature.Only after this comes the responsibility of the worker. Often this moment is missed by the personnel officer, as a result of which conflicts arise during the examination of controversial issues.
About the internal work schedule
This document fully regulates the activities of employees starting from work. The management of the enterprise is obliged to compose and approve it. Legislation does not regulate the content of this document. There are model rules approved by a special resolution of the State Labor Committee of the USSR. It is recommended that enterprises rely on its content when drawing up their own. It indicates ordinary things:
- rules for admission and dismissal;
- Time relax;
- schedule;
- beginning and end of the working day;
- uniform (if necessary);
- behavior requirements;
- binding instructions and more.
That is, these rules apply not only to the production process, but also to ethical standards. It should be noted that labor legislation does not insist on specific rules, with the exception of security controls at some enterprises.
Administration Responsibilities
The discipline of labor and the work schedule concern the two parties to the contract. Each in accordance with the documents receives rights and obligations. The employee must strictly abide by the established rules. For violation of such, he may be subject to disciplinary action. The administration, for its part, is obliged:
- provide the place with the necessary equipment and documentation;
- provide a scope of work;
- pay wages;
- take care of the living conditions in the workplace.
Only subject to the above conditions, the bosses can demand compliance with labor discipline. For example, if the room does not have a toilet, workers sometimes have to be absent. It is impossible to punish him for this, because the administration was obliged to take care of living conditions. There are many such subtleties; they depend on the nature of production.
Employee Responsibilities
Art. 189 of the Labor Code of the Russian Federation “Rules of the internal labor schedule” was created with the aim of making the terms of interaction between the parties to the contract open and understandable. In the process of work, there are many nuances that the worker and bosses interpret in their own way. Because of this, conflicts are likely. To avoid them, enterprises are invited to develop and bring to the people their own requirements that do not contradict the norms of the law. When applying for a job, an employee gets to know them and is free to agree or not. In the latter case, an agreement with him is not concluded.
The obligations of the employee in the rules and other documents are formulated on the basis of Art. 21 TC, taking into account the contour conditions of production. It is unacceptable to require people to perform illegal actions. For violation of the rules, the administration can punish by slopping. This is not a whim, but a necessity. After all, the violator can become a source of danger to other people.
Special cases
Art. 189 of the Labor Code of the Russian Federation in the new edition indicates that for certain categories of workers the rules are established by federal laws. What is meant?
The lawmaker took into account that there are socially dangerous industries, for example, the chemical or nuclear industry. Such enterprises have disciplinary charters approved by the state. This norm was introduced in order to ensure public safety and prevent technological disasters.
Also under the provisions of these charters are employees of the civilian fleet, customs and others. Human life sometimes depends on their actions, therefore, blunders and mistakes are evaluated not by direct superiors, but by law enforcement agencies. Changes and additions cannot be made to charters approved at the state level. They are binding documents.
Conclusion
Labor regulations do not replace contracts. This is a separate document designed to facilitate the interaction of workers between themselves and with management.Nevertheless, its execution is mandatory for everyone. Not only the working person is required to obey the rules and charters. The same is required of the management team.
Disputes on these issues arise infrequently. If necessary, contact the labor inspectorate for advice. Disputes themselves are resolved by the court. As a rule, a conflict arises when a worker is not familiar with the rules. And this is the lack of work of the administration. She cannot require an expert to comply with unknown standards. Each case requires serious study and consideration.