flarione.ru → Investment

Open Library - an open library of educational information. Disciplinary action against a medical worker The procedure for punishment for a disciplinary offense

Submitting your good work to the knowledge base is easy. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Posted on http://www.allbest.ru/

Disciplinary liability of medical workers

Introduction

1. Labor discipline

1.2 Disciplinary offense

3.1 Disciplinary dismissal

3.2 Disciplinary action

Conclusion

Literature

Introduction

discipline medical worker responsibility

The order of behavior of people that meets the norms of law and morality established in society is, in a broad sense, designated by the concept of “discipline”.

In relation to the issue under consideration, in an everyday sense, the category “labor discipline” is recognized as strict adherence to the established order in the work collective; labor discipline involves arriving at work on time, observing the established working hours, rational use of time for the most productive (fruitful) work, and exact execution of administration orders.

In modern Russia, there has been a transition to a free enterprise society, which inevitably entailed a significant change in the content of labor discipline and the motives for strengthening it. Currently, the state exempts citizens from the obligation to work and at the same time prohibits forced labor. And although the phrase “labor discipline” is often associated in the public consciousness with the socialist past, it should be noted that the condition for any joint work, regardless of the sector of the economy, organizational and legal forms and socio-economic relations of society in which it takes place, is labor discipline.

Speaking about state regulation of labor relations, it should be noted that the legislator specifies a special definition of the content of the concept “labor discipline” used in labor legislation.

Labor discipline is obligatory for all employees to obey the rules of conduct defined in accordance with the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), other federal laws, collective agreements, agreements, local regulations, and employment contracts (Article 189 of the Labor Code of the Russian Federation).

1. Labor discipline

Labor discipline is a necessary condition for organizing the labor process, which is impossible without the subordination of its participants to a certain order. Thus, labor discipline is an integral part of the relations that arise between the parties in the process of labor activity.

Article 189 of the Labor Code of the Russian Federation, in force since February 1, 2002, establishes a general definition of the concept of “labor discipline” used in labor legislation:

“Labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, local regulations, and employment contracts.”

Labor discipline presupposes the existence of mutual rights and obligations of the employer and employee. The list of basic rights and obligations of the parties to labor relations is given in Articles 21 and 22 of the Labor Code of the Russian Federation.

Article 21 of the Labor Code of the Russian Federation contains a fairly detailed list of the basic rights and obligations that all employees have, regardless of any conditions of labor relations, including whether the employer is an individual or a legal entity.

1.1 Disciplinary liability of medical workers

Disciplinary liability for medical professionals is a type of legal liability that is imposed for misconduct. Disciplinary liability is the obligation of an employee to suffer adverse consequences provided for by labor law for culpable, unlawful failure or improper performance of his or her job duties. Employees who have committed a disciplinary offense may be subject to disciplinary liability. Consequently, the basis for disciplinary liability is always a disciplinary offense committed by a specific employee.

1.2 Disciplinary offense

In accordance with Art. 192 of the Labor Code of the Russian Federation, a disciplinary offense is recognized as the failure or improper performance by an employee, through his fault, of the labor duties assigned to him. A disciplinary offense, like any other offense, has a set of characteristics: subject, subjective side, object, objective side. The subject of a disciplinary offense can only be a citizen who has an employment relationship with a specific employer and violates labor discipline. The subjective side of a disciplinary offense is guilt on the part of the employee. It expresses the mental attitude of the labor discipline violator towards his unlawful action. Guilt can be in the form of direct or indirect intent, or in the form of negligence. The object of a disciplinary offense is the internal labor regulations. The objective side of a disciplinary offense is the harmful consequences and the causal relationship between them and the action (inaction) of the offender. In this case, the action (inaction) of an employee is unlawful if it violates the employee’s labor duties. Therefore, an employee’s refusal to carry out an employer’s order that is contrary to the law cannot be considered a violation of labor duties.

A disciplinary offense is characterized, firstly, by the employee’s failure to fulfill his labor duties stipulated by the current labor legislation, internal labor regulations, charters and regulations on discipline, technical rules, job descriptions and instructions, as well as those arising from the employment contract concluded by the employee with a specific organization. Such violations include refusal or evasion without good reason from a medical examination of workers in certain professions, as well as an employee’s refusal to undergo special training and exams on safety precautions and operating rules during working hours, if this is a mandatory condition for admission to work. Incorrect actions by an employee that are not related to his job duties (for example, failure to fulfill public assignments, violation of rules of behavior in a hostel) cannot be considered a disciplinary offense.

Secondly, a disciplinary offense is distinguished by its illegal nature, i.e. employee behavior that violates the law. An employee’s actions that do not go beyond the law cannot be considered illegal. For example, it is not a disciplinary offense for a woman who has a child under 3 years of age to refuse overtime work, since she can be involved in such work only with her consent (Article 99 of the Labor Code of the Russian Federation). In addition, judicial practice considers it legitimate for an employee to disobey orders of the head of an organization that violate the requirements of the law.

Thirdly, a disciplinary offense is always a guilty act (intentional or careless). Failure to fulfill labor duties through no fault of the employee (for example, due to an unequipped workplace, failure to protect the employer’s property) cannot be considered a disciplinary offense.

For failure to fulfill or improper performance of duties assigned to them by labor legislation, collective and labor agreements, medical workers bear disciplinary liability. It represents the employee’s obligation to bear the punishment provided for by labor law for culpable unlawful failure to fulfill his labor duties. The basis for this type of liability is a disciplinary offense - an unlawful, culpable failure or improper performance by an employee of his labor duties.

1.3 Groups of job responsibilities

Two groups of job duties can be distinguished: duties of a general nature and duties of a specific employee. The responsibilities of the first type are common to all employees, regardless of position and specialty. They are enshrined in the Labor Code of the Russian Federation (Article 21), in local regulations (Internal labor regulations of an institution or organization, Personnel Regulations, etc.) and acts of social partnership (collective agreement). The responsibilities of a particular employee are set out in job descriptions, other acts defining the rules for carrying out certain types of work, as well as in individual employment agreements (contracts). In order for the individual job responsibilities of employees to be clearly defined, they must be reflected in job descriptions, the contents of which employees must be familiarized with upon signature when concluding an employment contract or transferring to another job.

Medical workers are subject to general disciplinary liability.

2. Types of disciplinary liability of employees

2.1 General disciplinary liability

Current labor legislation provides for two types of disciplinary liability for employees: general and special.

The first type is general disciplinary liability, which is provided for by the Labor Code and internal labor regulations. It applies to all employees, except those for whom special disciplinary liability is provided.

Medical workers are subject to general disciplinary liability. The list of disciplinary sanctions is defined in Art. 192 of the Labor Code of the Russian Federation and is exhaustive. It includes reprimand, reprimand and dismissal on the grounds provided for by law. It is necessary to note that previously the Labor Code of the Russian Federation also provided for such a penalty as a severe reprimand.

When imposing a disciplinary sanction, the severity of the offense committed, the circumstances in which it was committed, the employee’s previous work and behavior must be taken into account. What specific disciplinary measure to apply to an employee is the right of the employer himself. At the same time, the list of disciplinary measures that can be applied to a violator of labor discipline is exhaustive. The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

2.2 Special disciplinary liability

The second type - special disciplinary liability is established for a narrow circle of workers: judges, prosecutors, investigators, civil servants, workers in a number of industries subject to charters and regulations on discipline. In accordance with Art. 192 of the Labor Code of the Russian Federation, federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions (except for those listed above).

Special disciplinary liability differs from general liability in the following ways:

1) the circle of persons covered by it;

2) disciplinary measures;

3) the circle of persons and bodies empowered to apply penalties;

3) on the procedure for applying and appealing penalties.

3. Disciplinary offenses of medical workers of the Novodvinsk Central City Hospital

3.1 Disciplinary dismissal

Disciplinary dismissal is a last resort. To apply this type of penalty there must be sufficient grounds, ideally collected and executed documents confirming the employee’s guilt in committing a gross violation of labor duties. If there is the slightest doubt, it is better to limit yourself to imposing a disciplinary sanction in the form of a reprimand and applying all possible measures of material sanctions.

When taking the extreme measure of disciplinary action in the form of dismissal, the employer must be prepared to defend its case in court.

Civil proceedings are carried out on the basis of adversarialism and equality of the parties (Article 12 of the Code of Civil Procedure of the Russian Federation). When preparing a case for trial and during the trial, the parties have the right (Article 57 of the Code of Civil Procedure of the Russian Federation) to petition the court for assistance in collecting and requesting evidence.

This is precisely the need that arose for the representative of the defendant, the Novodvinsk Central City Hospital. Citizen G., working as a school paramedic, filed a lawsuit against the hospital to declare the dismissal order illegal. She asked to recover wages during forced absence and compensation for moral damage in the amount of 50 thousand rubles for moral suffering. The lawyer, the representative of the defendant by proxy, did not admit, she believes that the plaintiff allowed absenteeism without valid reasons; previously, the hospital administration had repeatedly received complaints from teachers of the school where Citizen G. worked and the school director about the absence of a paramedic at work. According to the paramedic, she was on sick leave, but there were no documents on temporary incapacity for work. Absenteeism was noted on the time sheet. At the commission meeting, all those present spoke about dismissal for absenteeism. The plaintiff's dismissal was decided jointly with the hospital's trade union organization. Having heard the explanation of the parties, the witness, having examined the materials of the civil case, having heard the conclusion of the prosecutor, proves that the claims cannot be satisfied.

By virtue of Article 46 of the Constitution of the Russian Federation, which guarantees to each subject the protection of his rights and freedoms, and the provisions of international legal acts corresponding to it, in particular Article 8 of the Universal Declaration of Human Rights, Article 6 (Clause 1) of the International Covenant on Civil and Fundamental Freedoms , the state is obliged to ensure the implementation of the right to judicial protection, which d.b. fair, competent, complete and effective.

The court is the body for resolving individual labor disputes, by virtue of Part 1 of Art. 195 of the Code of Procedure of the Russian Federation, must make a legal and reasoned decision, which is important for the consideration of cases of challenging a disciplinary sanction or reinstatement at work, is compliance with the disciplinary sanction arising from Art. 1,2,15,17,18,19,54-55, Constitution of the Russian Federation.

For these purposes, the employer must provide evidence indicating that the employee committed a disciplinary act, but also that when imposing a penalty, the severity of this offense, the circumstances under which it was committed, the employee’s previous behavior, and his attitude to work were taken into account.

The court considered that when applying a disciplinary sanction in the form of dismissal, the defendant did not violate the procedure for applying penalties provided for in Article 193 of the Constitution of the Russian Federation. The order to dismiss the plaintiff under clause 6 of Article 81 of the Labor Code of the Russian Federation is legal and justified. The court refused to satisfy the claim of citizen G. against the Novodvinsk Central City Hospital for reinstatement at work, recovery of wages for the period of forced absence and compensation for moral damage.

3.2 Disciplinary action

The procedure for applying and removing disciplinary sanctions is determined by Art. 193, 194 Labor Code of the Russian Federation. Before imposing disciplinary action, the employer must request a written explanation from the employee. If the employee refuses to give the specified explanation, a corresponding act is drawn up. An employee’s refusal to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees (in the case where this is provided for by the Code). A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied. The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication. If the employee refuses to sign the specified order (instruction), a corresponding act is drawn up.

On October 9, 2010, the hospital commission checked compliance with the shift schedule in the hospital’s structural units. A violation of the shift schedule was discovered in the emergency department. Orderly M. was absent from the workplace (instead, orderly K., who stayed from the night shift, was on shift). The paramedics on duty could not explain the reason for the absence of orderly M. from the workplace, because Orderly M. did not notify the senior paramedic on duty about his absence on the day of duty. Orderly K. was asked by the commission to write an explanatory note regarding being at the workplace outside of the shift schedule and submit it to the HR department, because Due to physical fatigue, the orderly on the night shift cannot properly perform his job duties even on the day shift. The senior paramedic wrote a memo to orderly M. about his absence from work. The employee was required to provide an explanation in writing. An internal investigation was conducted. At a meeting of the commission, it was decided to issue a reprimand to the orderly M. By order of the chief physician on the application of a disciplinary sanction, a reprimand is announced to the employee. The emergency department is under special control of the hospital administration regarding compliance with the shift schedule by employees.

A disciplinary sanction can be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.

If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction. Therefore, disciplinary measures, unlike incentive measures, are never entered into the work book (with the exception of this type of disciplinary sanction such as dismissal).

The employer, before the expiration of a year from the date of application of the disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

The employer has the right to reward employees for conscientious, effective work, as well as to subject negligent employees to disciplinary action.

Conclusion

According to part one of Article 1 of the Labor Code of the Russian Federation, the protection of the rights and interests of employees and employers is the primary goal of labor legislation. The protection of workers' rights is ensured by the employer's legally established obligation to comply with labor and labor protection laws.

It should be noted that mistakes and ignorance of the law by the administration and personnel services of organizations create a favorable environment for employees to go to court. At the same time, not only employers violate the labor rights of workers, but often many workers, taking advantage of the benefits and privileges provided to them by labor legislation, simply abuse them.

Especially with regard to the issue of bringing an employee to disciplinary liability, this must be done legally competently, observing substantive and procedural norms.

Compliance with labor discipline is due to the need to properly organize the work of workers, create conditions for high labor productivity, and prevent accidents and man-made disasters.

In 80% of cases, the “human factor” comes to the fore as the cause, the negative impact of which can and should be reduced by strengthening labor discipline.

This can be achieved by developing internal regulatory documents and creating a clear system for monitoring the state of labor discipline at production facilities. Correct and justified application of disciplinary sanctions will allow you to avoid adverse legal and financial consequences when dismissing guilty employees (for example, when the administration, by a court decision, is forced to reinstate a negligent employee at work). Of course, we cannot limit ourselves to the stick; there must be a carrot. Therefore, a competent system of labor discipline is needed, which would provide for the interaction of a reward system for conscientious work and a system of disciplinary and material measures against violators of labor discipline.

The heads of structural units (departments, sections, workshops, services, departments, branches) are usually responsible for the observance of labor discipline by the enterprise's employees and the proper and timely registration of disciplinary offenses. But they, as a rule, have insufficient literacy in the field of drawing up such documents. This gap can be filled in different ways. You can each time involve a specialist from the HR service or the preschool educational institution (documentation management) service for this, and for the heads of structural units, develop guidelines for the correct execution of documents.

In this case, the employer must be guided by the requirements and provisions of the Labor Code of the Russian Federation, other regulatory legal acts containing labor law norms, local regulations, a collective agreement, agreements, local regulations, and an employment contract.

Literature

1. Boychenko T.A. Dismissal as a disciplinary measure // HR Director's Handbook. 2001. No. 11.

2. Borisov B. A. Labor discipline // Labor law. 1997. No. 2.

3. Gavrilina A.K. Judicial practice on labor disputes of workers dismissed for violation of labor discipline // Commentary on judicial practice. Vol. 2. M., 1997; Disputes between employees dismissed for violating labor discipline // Commentary on judicial practice. Vol. 4. M., 1998.

4. Kurennoy A. M., Mironov V. I. Practical commentary on the legislation on labor disputes. M., 1997.

5. Kurilov V.I. Social and legal means of shaping individual behavior in the sphere of dependent labor // Jurisprudence. 1998. No. 2.

6. Syrovatskaya L. A. Responsibility for violation of labor legislation. M., 1990.

7. Chikanova L.A. Legal regulation of labor discipline // Law and Economics. 1999. No. 4.

8. Chikanova L.A. Dismissal from work for violation of labor discipline // Labor Law. 2000. No. 4.

9. Universal Declaration of Human Rights. // International protection of human rights and freedoms. - M, 1990.

10. Civil Code of the Russian Federation. Part one. Adopted by the State Duma on October 21, 1994.

11. Civil Code of the Russian Federation. Part two. Adopted by the State Duma on December 22, 1995.

12. Maleina M. N. Man and medicine in modern law. - M: BEK, 1995.

13. Fundamentals of the legislation of the Russian Federation on protecting the health of citizens. Approved by the Supreme Court of the Russian Federation on July 22, 1993 No. 5487-1.

14. Collection of regulations on protecting the health of citizens of the Russian Federation. (edited by Prof. Yu. D. Sergeev) - M: Pretor, 1995.

15. Charter of the World Health Organization. // World Health Organization. Basic documents. - Geneva, 1997.

Posted on Allbest.ru

Disciplinary responsibility of a health worker: definition

Disciplinary responsibility is a reaction to an offense in the field of labor relations, manifested in the application of unfavorable sanctions to violators of the established procedure.

In the course of their professional activities, medical workers often commit certain violations of labor discipline. These violations can be qualified as a disciplinary offense - failure or improper performance by an employee, through his fault, of the labor duties assigned to him, entailing the application of disciplinary measures (Part 1 of Article 192 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation).

For committing a disciplinary offense, the head of a medical organization has the right to bring the doctor to disciplinary liability in the form of a disciplinary sanction - a reprimand, reprimand or dismissal.

Conditions for bringing an employee to disciplinary liability

An employee may be brought to disciplinary liability for committing a disciplinary offense if the following conditions are met:

unlawful behavior of an employee;
failure to perform or improper performance of job duties assigned to him;
the presence of a cause-and-effect relationship between the unlawful action (inaction) and the resulting damage (material and moral);
the guilty nature of the employee’s actions, i.e. if they were committed intentionally or through negligence.

Let's consider these conditions in more detail.

Illegal behavior of an employee

Illegal is such behavior (action or inaction) of a medical worker that violates one or another rule of law, does not comply with laws, other regulatory legal acts of the Russian Federation, including those defining the official duties of the employee (job descriptions, orders, contracts, etc.) . Illegal inaction is expressed in the failure to perform those actions that an employee of a medical institution was obliged to perform.

Let us give an example from judicial practice when an employee’s behavior was not recognized as illegal.

An example from judicial practice: the employee’s behavior was not considered unlawful

By order of the head physician of the hospital, orthopedic traumatologist M. was reprimanded for failure to comply with the instructions of the head of the department to prepare the patient for surgery, as a result of which the scheduled operation was postponed. Plaintiff M. asked to cancel the order, because he considered the imposed penalty to be unfounded. M. justified his position by the fact that, as the attending physician, he was responsible for the treatment process and did not agree with the instructions of the head of the department to prescribe surgery for the patient.

However, M. completed the necessary preparatory procedures, but the patient refused the operation in writing, so the operation did not take place. The head of the department removed M. from treating the patient and contacted the head physician with a memo reprimanding him.

The representative of the defendant (head of the department) did not admit the claim, justifying his position by the fact that doctor M. violated clauses 2.4 and 2.6; he is obliged to carry out the orders of the head of the department, as well as observe medical ethics when treating the patient; he forced the patient to refuse the operation due to possible negative consequences. The third party, the chief physician, also did not recognize the claim, explaining that the order to impose a disciplinary sanction on M. is aimed at increasing executive discipline, since the attending physician is obliged to obey the orders of the head of the department.

The court, having heard the explanations of the parties and checked the written evidence, satisfied the claims on the following grounds.

By virtue of labor legislation, for violation of labor discipline, the administration imposes a disciplinary sanction on the guilty employee. The basis for applying a disciplinary sanction is a disciplinary offense. When imposing a disciplinary sanction, the severity of the offense committed, the circumstances in which it was committed, the employee’s previous work and behavior must be taken into account.

The court does not find the plaintiff’s actions to be a culpable failure to fulfill labor duties, since, despite disagreement with the operation, the plaintiff took the necessary measures to prepare the patient for it. The postponement of the operation to another date was associated with the patient’s refusal to have it performed. By virtue of Art. 58 Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens (hereinafter referred to as the Fundamentals), the attending physician bears personal responsibility for the treatment of the patient. The plaintiff believed that the operation in this case was not indicated for the patient and would worsen his condition, which he informed the patient about, as a result of which he refused to undergo the operation. In accordance with Art. 29-31 Fundamentals The attending physician is obliged to inform the patient about the possible consequences of the treatment methods he uses. In this regard, the court did not agree with the defendant’s arguments that, having informed the patient, the plaintiff.

Thus, the penalty is illegal, because it was imposed unreasonably.

Failure of an employee to fulfill his duties

Failure to perform or improper performance of work duties assigned to an employee may also result in disciplinary action.

The list of general labor duties is established by the Labor Code of the Russian Federation (Article 21 “Basic rights and obligations of the employee”), special ones by charters and regulations on discipline approved by the Government of the Russian Federation, private ones by internal labor regulations, as well as individual employment contracts.

Non-fulfillment or improper fulfillment of job duties by an employee without good reason includes, in particular, violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, orders of the manager, technical rules, etc., violation of labor discipline.

An example of court consideration of failure to fulfill duties

Doctor T. filed a claim with the Magadan City Court against the municipal health care institution (MHI) "..." to declare the order to impose a disciplinary sanction in the form of a reprimand illegal and to cancel it. In support of her demands, she indicated that by order of the chief physician, she was reprimanded for violations identified as a result of an examination of the quality of medical care for neurological patients, in particular: shortcomings in the provision of medical care in all blocks of expert assessment; poor quality of record keeping in medical records; conducting an incomplete examination of patients and not in accordance with the standards for nosological forms; low quality of medical care. Doctor T. considered the imposed disciplinary sanction to be illegal and unfounded, and therefore subject to cancellation, since no explanations were requested from her regarding the identified violations.

The court refused to satisfy the plaintiff's claims on the following grounds.

In accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation for committing a disciplinary offense, i.e. failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:

comment;
rebuke;
dismissal for appropriate reasons.

According to Art. 193 of the Labor Code of the Russian Federation “before applying a disciplinary sanction, the employer must request a written explanation from the employee. If after two working days the employee has not provided the specified explanation, then an appropriate act is drawn up.” At the same time, “the employee’s failure to provide an explanation is not an obstacle to applying a disciplinary sanction.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.”

In making a decision on the case, the court, guided by the above standards, came to the conclusion that the chief physician of the Ministry of Health had sufficient grounds to bring neurologist T. to disciplinary liability and that there was no significant violation of the procedure for applying disciplinary sanctions. This conclusion is motivated, corresponds to the evidence collected in the case, and no grounds have been established for recognizing it as incorrect.

The court found that T. has an employment relationship with the Ministry of Health. She has been working since December 1995 as a neurologist and, in accordance with the employment contract, was obliged to fulfill her functional duties and comply with internal labor regulations.

By order of the Ministry of Health ". in October 2008, an expert commission was created to confirm the neurologist T. of the first qualification category in the specialty "Neurology". By order of the Ministry of Health ". " T. was brought to disciplinary liability for shortcomings in the provision of medical care. The basis for the involvement The disciplinary action was based on the results of the examination of the provision of medical care to neurological patients by neurologist T.

A violation of labor discipline is considered to be non-fulfillment or improper fulfillment of assigned labor duties through the fault of an employee. For violation of labor discipline, medical workers may be subject to disciplinary action. Labor legislation provides for the following types of disciplinary sanctions: reprimand, reprimand, severe reprimand, transfer to a lower paid job for up to 3 months. or removal to a lower position for the same period and even dismissal under clauses 3 and 4 of Art. 33 Labor Code of the RSFSR.

For a medical worker, a specific violation is the disclosure of information about the disease, intimate and family aspects of the patient’s life, which became known to him as a result of performing his professional duties. For this violation, depending on the severity of the consequences, any of the disciplinary sanctions may be imposed, up to and including dismissal. This does not take into account the place and time of disclosure (at work, at home, etc.).

The current labor legislation gives the administration the right, instead of applying disciplinary measures, to refer the issue of an employee’s violation of labor discipline to the consideration of the work collective, a public organization or a comrades’ court. The use of social sanctions is taken into account on the same basis as disciplinary sanctions.

Comrades' courts are called upon to actively promote the education of citizens in the spirit of a communist attitude towards work, saving socialist property, observing the rules of socialist life, developing a sense of collectivism and comradely mutual assistance, respect for the honor and dignity of Soviet people.

The main thing in the work of friendly courts is crime prevention, educating people through persuasion and social influence, creating an atmosphere of intolerance towards any antisocial behavior. Measures of social influence of a comrades' court include: comradely warning, public apology, public reprimand, public reprimand with or without publication in the press; petition to the administration for transfer to a lower-paid job or demotion, as well as dismissal.

"Ethics and deontology of the average medical worker",
A.L. Ostapenko

Labor legislation regulates labor relations in all organizations, regardless of their organizational and legal form of ownership. Relations arising from civil law contracts (assignments, copyright, contracts, etc.), the subject of which is the provision of a certain result of labor, are not regulated by labor legislation.

These relations are regulated by civil law.

In accordance with Art. 2 of the Civil Code of the Russian Federation, civil legislation determines the legal status of participants in civil transactions, the grounds for the emergence and procedure for the exercise of property rights and other real rights, exclusive rights to the results of intellectual activity (intellectual property), regulates contractual and other obligations, as well as other property and related ones personal non-property relations based on equality, autonomy of will and property independence of their participants. At the same time, civil legislation does not apply to property relations based on administrative or other power subordination of one party to the other, including tax and other financial and administrative relations, unless otherwise provided by law.

Labor relations are based on the employee’s personal performance of his work duties and the latter’s subordination to the internal labor regulations of the organization.

Employees are obliged to work honestly and conscientiously, maintain labor discipline, promptly and accurately execute orders from the administration, increase labor productivity, improve product quality, comply with technological discipline, labor protection, safety and industrial sanitation requirements, and take care of the organization’s property. The requirements presented to employees can be detailed in the internal labor regulations of specific organizations, charters and regulations on discipline, collective agreements, as well as in individual employment agreements (contracts).

In case of violation of the requirements for employees and enshrined in the relevant acts, liability measures may be applied to employees: reprimand, reprimand, severe reprimand, dismissal and others.

A special type of employee liability is financial liability. The financial liability of employees is an independent liability that does not depend on the imposition of disciplinary, administrative, civil or criminal liability.

Labor legislation provides for two types of liability:

limited;

The legal basis for an employee’s material liability is his obligation to take care of the property of the enterprise, institution, or organization.

According to the norms of labor legislation, financial responsibility is borne by employees who have an employment relationship with an enterprise, institution, or organization on the basis of an employment contract, regardless of the form of ownership on the basis of which the enterprise, institution, or organization was created. It may be imposed on these persons in the event of termination of the employment relationship, provided that the damage was caused by the employee during the duration of this relationship.

Material liability is assigned to the employee only if the following conditions are simultaneously met:

o direct (actual) damage;

o the illegality of the employee’s behavior that caused the damage;

o the employee’s guilt in causing the damage;

o causal connection between the employee’s action (inaction) and the damage.

Direct (actual) damage is understood as damage to cash, actually existing property through loss, appropriation, damage, decrease in value and the corresponding need of the owner (owner) to incur costs for the acquisition or restoration of property or to make excessive payments due to the fault of the employee to another entity (individual or legal entity) ).

This may include shortages, damage to material assets, repair costs, penalties for failure to fulfill obligations, amounts of fines paid, payment for forced absence and other payments.

Thus, financial liability is imposed both for damage caused to the enterprise or institution with which he has an employment relationship, and for damage caused by the employer through the fault of the employee to third parties in the event of compensation for this damage. Unlike civil law, only real damage (also called direct or actual) that the employer actually suffered is subject to recovery. In civil law, in addition to real damage, lost income is also recovered, which a person would have received under normal conditions of civil transactions if his right had not been violated (lost profits or lost income).

The norms of labor legislation do not provide for the recovery of lost income, i.e., profit that the employer could have received, but did not receive as a result of unlawful actions (inaction) of his employees, is not subject to recovery. In this case, disciplinary or social measures may be applied to such an employee in compliance with the rules establishing the procedure for their application.

The behavior of an employee in which he does not fulfill his job duties or performs them improperly, but duties that are directly or indirectly related to caring for material values, is recognized as unlawful. This obligation is usually specified in special acts that determine the procedure for saving, storing and using property and other material assets. These acts, in addition to laws, decrees and orders of the Government, and Presidential Decrees, also include internal regulations, job descriptions, orders and directives of the administration.

The inaction of an employee is considered illegal if the above acts impose on the employee an obligation to perform certain actions, which he did not perform.

Damage can also be caused as a result of the employee’s lawful behavior. One of these cases is expressly established by law. This is a normal production and economic risk, in which, in the event of damage, the employee is not held liable.

The risk is considered justified, i.e. normal, if the following conditions are met:

the goal cannot be achieved by ordinary, non-risky means;

if it corresponds to the meaning of the purpose for which it is undertaken;

the possibility of harmful consequences when taking risks is always only probable;

the object of risk is material factors, and not human life and health.

In practice, lawful infliction of damage also includes cases of damage caused in a state of extreme necessity, as well as when a person has the authority to cause damage. This possibility is provided for by a number of special laws aimed at protecting public interests.

Financial liability of an employee is possible only if there is his fault and a causal connection between the employee’s act and property damage. Liability arises only if the result necessarily follows from this act (action or inaction).

Let us also note that if, under civil law, the absence of guilt is proven by the person who violated the obligation, then, as a general rule, in labor law, the obligation to prove the fact of causing direct (actual) damage lies with the administration.

With limited financial liability, the employee compensates for damage within predetermined limits. This limit, as a rule, is the average monthly earnings (provided that the amount of damage exceeds it).

In case of full financial liability, damages are subject to compensation in full without any restrictions. Employees bear full financial responsibility if it is assigned to them by laws and government regulations, regardless of whether an agreement on full financial responsibility has been concluded with them. Full financial responsibility is assigned to the employee if he causes damage, if a written agreement was concluded with him, according to which the employee assumed full financial responsibility for failure to ensure the safety of the valuables entrusted to him.

For damage caused while not performing work duties, financial liability also arises in full. The term “not in the performance of work duties” means that the damage occurred either in free time from work, or during work, but not in connection with work duties, not during their performance. Most often in connection with the use of material assets for their personal interests, as a result of which they were broken or damaged.

Full financial responsibility is assigned to the employee even in the case where property and other valuables were received by the employee under accounting under a one-time power of attorney or other one-time documents.

In case of damage caused by shortage, intentional destruction or intentional damage of materials, semi-finished products, measuring instruments, workwear and other items issued by the organization to the employee for use, full financial liability also arises.

The amount of damage caused to an enterprise, institution, or organization is determined by actual losses, based on accounting data, based on the book value (cost) of material assets minus depreciation according to established standards.

Compensation for damage in an amount not exceeding the average monthly salary of the employee is made by order (instruction) of the administration by deduction from his salary. In other cases - in court.

Compensation for damage is made regardless of whether the employee is brought to disciplinary, administrative or criminal liability for the offense that caused the damage.