DISCIPLINARY LIABILITY OF THE EMPLOYEE FOR NON-PERFORMANCE OR IMPROPER PERFORMANCE OF HIS/HER JOB DUTIES UNDER THE UKRAINIAN LEGISLATION

Abstract

At present, the category of job duties of the employees becomes especially relevant. This is due to the transformation of views on the organization of the labour process, relations between the parties of the employment agreement. Job duties are the key element of the enterprise’s internal work schedule, and their proper performance by the employees is an important condition for the successful business of their employers. An unambiguous interpretation of the relevant concepts and categories of the institution of disciplinary liability, legal certainty in the nature of non-performance or improper performance of job duties, in qualifying the reasons for such non-performance as valid, excluding the fault of the employee, are very important. The authors concluded that the employee’s job duties as the object of disciplinary misconduct, which is the ground of disciplinary liability, could be considered as obligations connected with performance of the job function specified in the employment agreement. To certain categories of employees the duties to comply with moral and ethical norms, which is due to the position held or work performed, could also be considered as job duties. To avoid litigation, as well as abuse by both the employee and the employer, the employee’s job duties should be consolidated in his/her job description and other local regulations of the enterprise. In order to apply to the employer the legitimate disciplinary sanction for non-performance or improper performance of his/her job duties, a set of the following conditions should be met: the violation should relate only to those duties which are part of the employee’s job function or follow from the enterprise’s internal work schedule and which the employee should be duly informed about. Non-performance or improper performance of the job duties should be the culprit, committed without good reason intentionally or negligently.