Responsibility of officials. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Responsibility of officials. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Responsibility of persons guilty of violation of labor protection requirements, provided for by the Labor Code of the Russian Federation (Article 419), the Code of the Russian Federation on Administrative Offenses (Article 41), the Criminal Code of the Russian Federation (Articles 143, 145, 216, 217, 219, 236, 237).

Article 419 of the Labor Code of the Russian Federation establishes that persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and material liability in the manner established by the Labor Code of the Russian Federation, other federal laws, and are also subject to civil, administrative and criminal liability in the manner prescribed by federal laws.

Trade union bodies may make proposals on bringing officials to disciplinary responsibility for violation of labor protection legislation, rules and safety standards.

Employees of state supervision bodies have the right to make submissions on bringing to disciplinary responsibility of officials who systematically violate labor protection legislation, rules and safety standards.

Disciplinary liability arises for officials, since they are employees, as a result of committing disciplinary offenses by them. The specificity of the wrongfulness of these offenses is the violation of the correct performance of labor duties stipulated by the employment contract between the employee and the employer.

Any official of the employer exercising administrative and disciplinary power over a particular employee can bring an employee to disciplinary responsibility.

Liability arises for officials, since they are employees, for damage caused by them to the employer as a result of guilty unlawful behavior (action or inaction).

According to the Labor Code of the Russian Federation, the employer is obliged to prove the amount of damage caused to her, and the employee is obliged to compensate the employer for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee.

The employer has the right, taking into account the specific circumstances under which the damage was caused, to fully or partially refuse to recover it from the guilty employee.

For the damage caused, the employee is liable within the limits of his average monthly earnings, unless otherwise provided by the Labor Code of the Russian Federation.

Civil liability arises for officials as a result of offenses committed by them in the performance (non-performance) of their functions that caused harm or violated the rights of certain subjects of civil law. Restoration of these illegally violated rights, compensation for property damage, enforcement of an unfulfilled obligation is the essence of civil liability, which consists in applying to the offender the measures established by law or contract that entail economically disadvantageous consequences of a property nature.

Full compensation for harm is the basic principle of civil liability (Article 1064 of the Civil Code of the Russian Federation). Compensation for losses in some cases is supplemented by penalties, such as payment of a penalty.

Protection of violated rights is carried out by courts of general competence, arbitration and arbitration courts in a special procedural order using the norms of the Civil Code of the Russian Federation.

Administrative responsibility comes for officials for committing administrative offenses provided for by the Code of the Russian Federation on Administrative Offenses. In addition, this responsibility may be determined by decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation and regulations of the constituent entities of the Federation.

Cases on administrative offenses are considered by courts and competent government bodies.

Administrative penalties in the form of a warning or a fine may be imposed by a judge, body or official authorized to decide a case on an administrative offense. The remaining penalties are assigned by the judge.

Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides that violation of labor legislation and labor protection entails the imposition administrative fine:

for officials in the amount of 500 to 5000 rubles;
for persons engaged in entrepreneurial activities without forming a legal entity - from 5 to 50 times the minimum wage or an administrative suspension of activities for up to ninety days;
for legal entities - from 30 to 000 rubles or an administrative suspension of activities for up to ninety days.

Violation of the legislation on labor and labor protection by an official who has previously been subjected to administrative punishment for a similar administrative offense shall entail disqualification for a period of one to three years.

The Code of Administrative Offenses also contains other articles that provide for punishment: for evading participation in negotiations on the conclusion of a collective agreement, agreement or violation of the established term for their conclusion (Article 5.28); failure to provide information necessary for conducting collective bargaining and monitoring compliance with a collective agreement, agreement (Article 5.29); unreasonable refusal to conclude a collective agreement, agreement (Article 5.30); violation or failure to fulfill obligations under a collective agreement, agreement (Article 5.31).

The imposition of an administrative penalty does not relieve a person from the performance of the obligation for non-performance of which the administrative penalty was imposed.

Criminal liability is the most severe type of liability. It comes for the commission of crimes and, unlike other types of liability, is established only by law. No other normative acts may define socially dangerous acts as criminal and establish liability measures for them. In the Russian Federation, an exhaustive list of crimes is recorded in the Criminal Code. The procedure for bringing to criminal liability is regulated by the Code of Criminal Procedure.

In accordance with Art. 143 of the Criminal Code of the Russian Federation "Violation of labor protection rules" violation of safety rules or other labor protection rules committed by a person who is responsible for observing these rules, if this negligently caused serious harm to human health, is punishable by a fine of up to two hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to eighteen months, or by corrective labor for a term of up to two years, or by deprivation of liberty for a term of up to one year.

The same act, negligently resulting in the death of a person, - shall be punishable by imprisonment for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

In addition to Article 143, the Criminal Code of the Russian Federation contains other articles that do not directly speak about labor protection, but are indirectly related to it.

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

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