UDC: 349.2
BBC: 67.405.1-3
Ivanovа O.A.
Disciplinary Responsibility of Credit Institutions Employees
Keywords: labor discipline in a credit institution, local legal regulation, standardization of processes, bringing to disciplinary responsibility, subjective imputation of misconduct, non-mandatory regulation of labor relations
The urgency of the research is due to existing features of implementing the institute of disciplinary responsibility in the field of labor and legal relations in credit institutions. The discipline of labor in credit institutions is developing in line with the trends characteristic of modern manufacturing process management. The general line is standardization of the manufacturing process to the extent that self-sufficient organizational forms that do not require manual control appear, following which is provided to the self-discipline of the employee (standard or matrix organizational solutions). Against the background of the ongoing changes, the issue of the employee's relative freedom and his responsibility to the employer, who no longer controls the labor process point-by-point – in the spirit of the industrial era, is raised. Despite the obvious features of labour organization for credit institutions employees, no special research has been conducted in the domestic legal science on the problems of implementing disciplinary responsibility. The author makes conclusions on the need to adopt a Labor Procedural Code, which will single out: the procedure for bringing to responsibility for misconduct committed under the conditions of the employer's current control over the quality of work and compliance with the process of its execution, as well as the specifics of bringing to responsibility for offense committed in conditions of relative freedom (without the employer's current control); forms of guilt as a mandatory sign of a disciplinary offense and the specifics of its definition if the employer's task involves an independent choice of its execution method (relative freedom of the employee); principles of proving guilt and innocence in examining the circumstances of a disciplinary offense; standardization disciplinary decisions, conditions and limits of its use; the procedure for using electronic document management in disciplinary proceedings; rules for interviewing third parties in disciplinary proceedings, rules for these persons' access to information about the state of affairs in the institution (or the entrepreneur, if he is the employer); rules for the protecting the information about disciplinary offenses, their circumstances, penalties applied.
References
- Dolgova A.I. Neobkhodimost’ vvedeniya spetsializirovannykh trudovykh sudov v Ros-sii: za i protiv[The need to introduce specialized labor courts in Russia: pros and cons].Uchenye zapiski Kazanskogo universiteta. Ser. Gumanitarnye nauki, 2012, vol. 154, book 4, pp. 96–102.
- Kostyan I.A., Piskarev I.K., Shelomov B.A. O spetsializirovannykh sudakh po trudo-vym delam i Trudovom protsessual’nom kodekse[About specialized labor courts and the Labor Procedural Code].Khozyaistvo i pravo, 2003, no. 8, pp. 27–40.
- Lar’kova O.A. Aktual’nye voprosy sovershenstvovaniya zakonodatel’stva, soderzhashchego polozheniya o spetsial’noi distsiplinarnoi otvetstvennosti[Topical issues of improving legislation containing provisions on special disciplinary responsibility]. In:Rol’ sovremennogo obrazovaniya v usloviyakh globalizatsii: sb. nauch. tr. [The role of modern education in the context of globalization: collection of scientific works]. Kazan, SiTInvenT Publ., 2020, pp. 88–92.
- Mironov V.I. Istochniki trudovogo prava Rossiiskoi Federatsii: teoriya i praktika: dis. … d-ra yurid. nauk[Sources of labor law of the Russian Federation: theory and practice: Doct. Diss.]. Moscow, 1998, 348 p.
- Sud: za nevypolnenie plana prodazh rabotnika uvolit’ nel’zya (podgotovleno dlya Sistemy GARANT, 2020)[Court: an employee cannot be fired for non-fulfillment of the sales plan (prepared for the GARANT System, 2020)]. Available at: http://www.garant.ru/news/1377352 (Accessed Date 2021, Nov. 4).
About authors
- Ivanova Olga A.
- Candidate of Law Sciences, Associate Professor, Head of the Public Law Department, Chuvash State University, Russia, Cheboksary (public_law@mail.ru; ORCID: https://orcid.org/0000-0002-2296-6514)
Article link
Ivanovа O.A. Disciplinary Responsibility of Credit Institutions Employees [Electronic resource] // Oeconomia et Jus. – 2021. – №4. P. 53-63. – URL: https://oecomia-et-jus.ru/en/single/2021/4/7/. DOI: 10.47026/2499-9636-2021-4-53-63.
