Problems of legal regulation of termination of the employment contract for violation of labor discipline in special conditions

Abstract

The article is devoted to the study of the problems of legal regulation of the termination of the employment contract for violation of labor discipline in special conditions. When researching the problems of legal regulation of termination of an employment contract for violation of labor discipline in special conditions, the author revealed two issues: termination of an employment contract for violation of labor discipline during emergency situations; abuse of legal position by the employer. The author in the scientific work provides that the termination of the employment contract (dismissal) for violation of labor discipline, as a type of disciplinary penalty, is provided for in part 1 of Article 147 of the Labor Code. The imposition of such a disciplinary penalty as dismissal is allowed only in cases specified by law: for systematic non-fulfillment of labor duties (clause 3 of article 40 of the Labor Code); for absenteeism without valid reasons (clause 4 of article 40 of the Labor Code); for appearing at work in a state of narcotic, toxic or alcoholic intoxication (Clause 7 of Article 40 of the Labor Code); for theft of the owner’s property (clause 8 of article 40 of the Code of Criminal Procedure); for a one-time gross violation of labor discipline by the manager and some other categories of employees (paragraph 1 of article 41 of the Labor Code); for the culpable actions of the head of the enterprise, institution, or organization, as a result of which the salary was paid late or in amounts lower than the amount of the minimum salary established by law (clauses 1-1 of Article 41 of the Labor Code); for the culpable actions of an employee who directly handles monetary, commodity or cultural values, if these actions give rise to a loss of trust in him on the part of the owner or a body authorized by him (clause 2 of article 41 of the Labor Code); for committing an immoral offense incompatible with the continuation of this work by an employee performing educational functions (paragraph 3 of article 41 of the Labor Code).
 In addition, the author stated that a violation of labor discipline is considered to be non-compliance during the production process with the rules of conduct established by current legislation, rules of internal labor regulations, job instructions, orders and orders of the employer. A violation of labor discipline is also considered the employee’s refusal without a good reason to conclude an agreement on full financial responsibility, if the conclusion of such an agreement is provided for by current legislation; refusal or evasion without good reason from passing a medical examination of employees of certain professions; refusal or evasion of an employee from passing special training during working hours and passing a safety technology exam, if these are mandatory conditions for admission to work.