Dismissal for violation in the field of labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Dismissal for violation in the field of labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

For violation of the legislation on labor protection, officials of the employer may be subject to disciplinary, material, administrative or criminal liability.

Violation may be expressed in the actions or inaction of an official aimed at violating or non-compliance with the current legislation on labor protection. Administrative responsibility in the form of a fine in the amount established by Article 5.27 of the Code of Administrative Offenses of the Russian Federation is brought to bear on an employer (an official - the head of an organization, regardless of the legal form and form of ownership), an individual entrepreneur.

If state inspectors conduct an inspection and repeatedly reveal violations of labor legislation in the field of labor protection, then the violator will be punished in the form of disqualification for a period of one to three years.

Consideration of cases of disqualification, i.e. deprivation of the right to hold the specified position for a certain time, is accepted only by the court. Therefore, the inspector prepares the relevant documents and submits the case to the court.

Any person who had the obligation to comply with these rules may be held criminally liable for violation of safety rules or other labor protection rules, if this negligently entailed the infliction of severe or moderate harm to human health. In this case, the act is punishable by a fine in the amount determined by part 1 of article 143 of the Criminal Code of the Russian Federation.

However, if a violation of safety regulations or other labor protection rules negligently caused the death of a person, then the guilty person is held liable in the form of imprisonment with deprivation of the right to occupy certain positions or engage in certain activities. Violation of labor protection rules in such cases can also be expressed both in the form of action and inaction. However, this offense is characterized by guilt in the form of negligence.

Accordingly, after the decision of the court on the deprivation of the right to hold certain positions, the guilty person must be dismissed from the enterprise.

An employer may dismiss an employee for systematic failure to fulfill his duties, including failure to comply with job descriptions and safety instructions. In this case, the employer first imposes a disciplinary sanction on the negligent employee, and then, if violations are repeated, it also applies dismissal, in accordance with the Labor Code.

Author: Bobkova O.V.

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