Responsibility of the employee in the field of labor relations and labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Responsibility of the employee in the field of labor relations and labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

It should be emphasized that, strictly speaking, the responsibility of employees arises for failure to fulfill any of their labor duties, including labor protection.

The responsibility of employees (managers, specialists, executors) is an integral part of preventive measures in the field of labor protection and is aimed at improving the efficiency of work on labor protection. An employee who violates labor protection requirements actually violates the terms of the employment contract with the employer and must be fired, i.e. suffer the most terrible punishment in a market economy and unemployment. “Why so strict?” a Russian worker may ask, still living in an atmosphere of almost complete irresponsibility. And for the fact that an employee who risks his health and life in the process of work risks someone else's (!) Private property (the employee is in it for the period of performance of work under an agreement with the employer) - the employer's money, and this is the worst crime in bourgeois society. You can only risk your own property!

That is why the employer, unless he himself pushes the employee to violate safety rules, seeks to get rid of the employee violating labor protection instructions as quickly as possible, which can cause significant losses. Why does an employer need him when it is much easier to find another, more disciplined and less unprofitable employee.

The responsibility of the performer is simple - he is responsible only for himself.

Depending on the nature and degree of violations, employees may be subject to disciplinary, material, civil, administrative, and criminal liability, and public influence measures may also be applied to them.

Article 419 "Types of liability for violation of labor legislation and other acts containing labor law norms "Chapter 62 "Responsibility for violation of labor legislation and other acts containing labor law norms" of the Labor Code states that persons guilty of violating labor legislation and other acts containing norms of labor law, are brought to disciplinary and material liability in the manner established by the Labor Code and other federal laws, and are also brought to civil, administrative and criminal liability in the manner established by federal laws.

Responsibility of persons guilty of violation of labor protection requirements is provided not only by Article 419 of the Labor Code, the Code of Administrative Offenses of the Russian Federation (Article 41), the Criminal Code of the Russian Federation (Articles 143, 145, 216, 217, 219, 236, 237) .

The main thing for the vast majority of employees, especially executing employees, is disciplinary responsibility. For the commission of a disciplinary offense, that is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary action:

1) remark;

2) reprimand;

3) dismissal on appropriate grounds.

Employees - executors (workers) for violation of the rules and norms on labor protection, instructions on labor protection, on the safe conduct of work, are brought to disciplinary responsibility as a violation of labor discipline. Refusal or evasion without valid reasons from a medical examination, as well as refusal of an employee to undergo special training during working hours or pass exams on labor protection is considered a violation of labor discipline, if this is a prerequisite for admission to work.

The criminal liability of employees arises if their act negligently caused serious and moderate harm to human health, as well as the death of a person or other serious consequences in case of accidents, fires, etc. Material liability of employees occurs when damage is caused to the employer.

The employee must know for what and on what basis he is punished. The punishment must be: objective, adequate to the offense; if possible, operational (after 45 days after the misconduct, the effectiveness of the punishment practically becomes equal to zero).

The development of "Regulations on personal liability for violation of labor protection requirements" has become widespread at Russian enterprises. A well-designed document with clear criteria, as well as mechanisms for bringing it to the attention of all employees and constant monitoring of the state of labor protection, make it possible to increase the level of labor protection.

It should be noted that the criteria for different categories of workers (performers, specialists, managers) are different.

Existing practice shows that if an employee violates labor protection requirements and is subsequently punished, sanctions are often (almost always) applied to his manager.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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