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of June 28, 2012 No. 4

About practice of application by courts of the legislation on labor discipline and disciplinary responsibility of workers

Labor discipline is one of conditions of increase in production efficiency and quality of work.

According to the Directive of the President of the Republic of Belarus of March 11, 2004 No. 1 "About measures for strengthening of public safety and discipline" strengthening of discipline and law and order – the most important basis of ensuring public safety, acceleration of social and economic development of the country, improvement of life of people.

In providing labor discipline its legal regulation, and also the correct and uniform application of regulatory legal acts about discipline has special value. Studying of practice of consideration of employment disputes about disciplinary responsibility of workers showed that courts exercised in permission of cases of this category generally judgment, provided their timely consideration, and in cases of violation of the rights and legitimate interests of workers passed decisions on their recovery.

Intensive updating of the legislation in the sphere of the economic relations, acceptance of new regulatory legal acts about labor discipline and disciplinary responsibility of separate employee categories require explanations of the Plenum of the Supreme Court of the Republic of Belarus which would promote as legality in practice of application of the legislation on disciplinary responsibility of workers, and to ensuring precautionary and educational impact of judicial activities in work on strengthening of labor discipline.

Having discussed results of generalization of court practice, for the purpose of the correct application of the legislation on labor discipline and disciplinary responsibility of workers the Plenum of the Supreme Court of the Republic of Belarus decides:

1. Draw the attention of courts that the correct consideration by courts of the disputes connected with labor discipline and disciplinary responsibility of workers promotes strengthening of legality in employment relationships, protection of the rights and the interests of workers and employers protected by the law, to education of discipline and respect for work.

2. Treat the regulatory legal acts regulating questions of labor discipline and disciplinary responsibility of workers: The labor code of the Republic of Belarus *, the Law of the Republic of Belarus of June 14, 2003. "About public service in the Republic of Belarus", the Decree of the President of the Republic of Belarus of July 26, 1999 No. 29 "About additional measures for enhancement of employment relationships, strengthening of labor and performing discipline" **, the disciplinary charters and regulations on discipline, the Standard employment policies and procedures approved by the resolution of the Ministry of Labour of the Republic of Belarus of April 5, 2000 No. 46, other regulatory legal acts approved in the procedure established by the legislation for separate employee categories (including local – collective agreements, job descriptions, instructions for labor protection and safe engineering, etc.).

In case of the dispute resolution, connected using disciplinary responsibility for violations of technological, production, financial discipline, courts should be guided by the corresponding TU which is also operating in economy industries, state standard specifications, other rules and instructions establishing requirements in certain spheres of labor activity. ______________________________

* Further – shopping mall.

** Further – the Decree No. 29.

3. Explain to courts that the disciplinary responsibility of workers can come only for guilty, illegal non-execution or improper execution by the worker of the labor obligations (the Art. of 197 shopping malls).

The fault of the worker can be expressed in making of illegal act as in the form of intention, and imprudence.

Such behavior (action or failure to act) of the worker in case of which it does not perform is recognized illegal or not properly fulfills the labor duties assigned to it.

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