Formation of a conscientious attitude of an employee to work as the main goal of disciplinary proceedings

The use of the method of coercion in the process of bringing an employee to disciplinary responsibility needs to be rethought. Disciplinary proceedings are a single procedural legal relationship, i.e. a consistent system of legal actions of the employer of informational (explanatory), educational and compulsory nature. It implements a single method of influencing the employer's legal awareness of the employee, which organically combines both the method of persuasion and the method of coercion. It is a synthesis of informational (explanatory) actions and auxiliary measures aimed at correcting the employee's behavior in the course of work, to improve the performance of their work duties under the potential threat of unfavorable consequences of a material, moral, organizational nature. The application of disciplinary measures to an employee always affects his honor and dignity, so the guarantees of objectivity of disciplinary proceedings must be elaborated in detail and enshrined in the law. Thus, for effective disciplinary proceedings, it is necessary: 1) establish a clear procedure for bringing dishonest employees to disciplinary responsibility; 2) legislate the legal status of an employee subject to disciplinary responsibility. Article 193 of the Labor Code of the Russian Federation should reflect the following rights of an employee: 1) the employee's right to a written notification of the initiation of disciplinary proceedings, the essence of the alleged disciplinary offense, explanation to the employee under the signature of the rules and procedures for its conduct, as well as the rights of the employee in the process of bringing disciplinary responsibility; 2) the right to an explanation of the fact of disciplinary misconduct and the circumstances under which it was committed; 3) the right to notify the employee in writing about inspections, meetings of the Commission for internal investigation and / or disciplinary Commission, the right to participate directly in their meeting; 4) the right to familiarize the employee with all inspection materials, documents received or compiled in the course of the investigation; 5) the right to maintain the confidentiality of information received and submitted by the employer in the course of disciplinary proceedings; 6) the right of the employee to act through his representative to protect the rights and interests in the course of disciplinary proceedings; 7) the right to demand from the employer a full and comprehensive investigation of the fact of disciplinary misconduct and the circumstances under which it was committed, before taking disciplinary action; 8) the right to receive clarification on the implementation of measures to improve the performance of labor duties by an employee who was subject to disciplinary prosecution; 9) the right to appeal against disciplinary liability.

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