Officials and their duties. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
Free library / Occupational Safety and Health

Officials and their duties. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Official refers to a person exercising the functions of a representative of the management (authority), temporarily or permanently occupying positions in state, public institutions, organizations and enterprises related to the performance of organizational, administrative or administrative functions, or a person performing these functions under special authority.

Although formally, according to the current procedure, all employees occupy one position or another, we will be interested only in responsible officials. This concept (similar to the similar concept "responsible worker") is not a legal concept, but is widely used in practice to name persons holding important positions of responsibility, characterizing and representing certain functions of the organization where he works.

The duties of officials can be divided into standard labor duties (observance of labor discipline, labor protection requirements, etc.) and job duties for performing the functions of the organization.

Job responsibilities determine the scope and limits of the practical implementation of the functions assigned to the employee according to the position held and the tasks assigned to him.

In practice, it is sometimes difficult to understand whether there is or not "non-performance" (or even "criminal default") of his official duties by the responsible official.

Recall that “failure” is not the performance of certain actions that the employee must take to complete the task assigned to him, that is, in fact, “failure” is inaction. But, "failure" can also be active действие, which is prohibited. In any case, "failure" can turn into an offense.

Offense It is an act that is contrary to the law, violating the rule of law. Offenses are divided into administrative, disciplinary and civil crimes.

For the commission of an offense, the law provides for legal liability, which is divided into disciplinary, material, civil, administrative and criminal. Is the official guilty of "failure" or wrongdoing? The answer to this question can be found by comparing the actual activities of an official with his job description. To do this, when drawing up a job description, it is necessary to fix the differences between "failure" of official duties and improper performance of such, as well as indicate possible offenses.

The criterion of improper performance, as a general rule, is the performance of duties not in full, in violation of the deadlines allotted for this, as a result of which the result does not correspond to the original purpose of performance. However, the untimely performance of official duties does not always imply lateness, delay. Improper performance of official duties may also be ahead of the allotted time, for example, sending documents before agreeing on actions, etc.

For failure to perform official duties, officials bear personal responsibility within the framework of their official duties in the manner prescribed by law.

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

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