Implementation of performance responsibilities as the basis for attracting the worker to disciplinary responsibility
Автор: Kardanov R.A.
Журнал: Вестник Алтайской академии экономики и права @vestnik-aael
Рубрика: Юридические науки
Статья в выпуске: 5-3, 2019 года.
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Article 21 of the Labor Code of the Russian Federation establishes the obligation of an employee to faithfully fulfill his labor duties assigned to him by an employment contract. Clause 5, Article 81 of the Labor Code of the Russian Federation provides for the possibility of termination of an employment contract at the initiative of the employer for repeated non-performance by an employee of work obligations without good reason, if he has a disciplinary action. At the same time, as practice shows, when terminating an employment contract for the above grounds, as well as when imposing a disciplinary sanction for failure to perform or improper performance of duties, the employer makes mistakes that lead to the cancellation of the order imposing a disciplinary sanction. One of the main mistakes is to bring the employee to disciplinary responsibility for the failure to perform or improper performance of duties that are not assigned to him by the employment contract. The purpose of this study is to identify the main problems of disciplinary liability for non-performance or improper performance of duties by an employee that are not assigned to him by an employment contract, as well as proposing ideas for improving legislation to resolve these problems. The method and materials of the study - the study and analysis of the legislation of the Russian Federation and judicial practice in this category of disputes.
Disciplinary action, disciplinary responsibility, improper performance of labor duties, employee, employer
Короткий адрес: https://sciup.org/142221312
IDR: 142221312