Section 10 of the Labor Code of the Russian Federation is entirely devoted to labor protection issues. It lists basic and additional measures, the purpose of which is to make a person’s stay in the workplace as safe as possible. Since the life and health of an employee depends on their implementation, the state has established liability for violation of labor protection legislation. And sometimes you have to answer not only according to the Administrative Code, but also according to the Criminal Code.
Types of liability for violation of labor safety rules
Types of liability vary depending on who the violator is - a legal entity or an individual. In addition, the severity of the consequences arising from ignoring production safety rules is taken into account, as well as whether the violation was committed for the first time or repeatedly.
Responsibility for violation of labor protection by an enterprise
A legal entity (employer) that does not comply with the established requirements is subject to administrative liability for violation of labor protection requirements (Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation). Basically, it involves two types of sanctions:
- imposing a fine on the organization from 50,000 rubles (for repeated violations it can reach up to 200,000 rubles);
- in the form of suspension of activities for a certain period.
Suspension of activities is provided not only for the violating organization, but also for individual entrepreneurs, who are also responsible for compliance with labor safety rules. They are mandatory for any employer, regardless of the form in which he conducts commercial or other activities.
Also, an organization or individual entrepreneur may also incur financial liability for violating safety rules or other labor protection requirements established by current legislation. For example, if, due to their non-compliance, an employee is injured, mutilated or otherwise harmed to health, he has the right to recover compensation for moral damages from the employer (in court or in accordance with the terms of the employment contract).
However, the Social Insurance Fund will pay the employee for his treatment, rehabilitation, medications, and compensate for other expenses the need for which arose as a result of the violation - at the expense of insurance premiums regularly paid by the employer.
Responsibility of a labor protection specialist
The law obliges employers to create a special labor protection service at the enterprise if it employs more than 50 people (Article 217 of the Labor Code of the Russian Federation). But even if there are fewer employees, the organization must have a specialist responsible for these issues.
The types of liability for violation of labor protection applied to an individual are much more diverse. Depending on the consequences of his actions or inaction, it may be:
- material;
- disciplinary (up to and including dismissal “under article”);
- administrative;
- and even criminal.
Criminal liability for violation of labor protection requirements occurs in cases where their non-compliance has caused serious harm to the health of at least one person (Article 143 of the Criminal Code of the Russian Federation). Special rules (Government Decree No. 522 of August 17, 2007) state that its sign is injury to another person, which, in particular, led to:
- to blindness;
- to external ugliness;
- loss of a pregnant child;
- mental illness;
- loss of ability to work.
Even more severe criminal liability for violation of labor safety rules is provided for by law if it led to the death of a person or several persons.
An important clarification should be made regarding Article 143 of the Criminal Code: it applies only to violators who are directly (by virtue of their job description) responsible for production safety. For example, if a person dies because a labor safety engineer violated the rules, criminal liability will arise precisely under this article. And if a tragedy occurs due to the fault of an outsider, whose responsibilities do not include control over safety at a given enterprise, he will be charged with Article 109 or another article of the Criminal Code.
Liability for non-compliance with labor protection requirements: what threatens violators
According to Article 212 of the Labor Code, responsibility for labor protection at an enterprise rests with the employer. He is obliged to ensure the implementation of all necessary measures established by law.
The employer's responsibility for occupational health and safety is established by the Code of Administrative Offenses and, above all, by Article 5.27.1. It provides for the following sanctions against the organization:
- a fine of 60-80 thousand rubles – for failure to assess the conditions in which employees work (or for carrying out violations);
- a fine of 110-130 thousand rubles - for allowing an employee to work without a mandatory medical examination or instruction;
- a fine of 130-150 thousand rubles – for failure to provide subordinates with personal protective equipment;
- a fine of 50-80 thousand rubles - for other offenses in the field of labor protection.
Administrative liability for violating safety regulations in the form of a fine increases to 200,000 rubles if the offense is not committed for the first time. In this case, it can be replaced by a temporary suspension of the legal entity’s activities for up to 90 days.
Fines from officials are levied in smaller amounts and do not exceed 30 thousand rubles. However, they may be subject to criminal liability for labor protection carried out improperly, if this leads to the death or serious injury of a person. The maximum sanction under Article 143 of the Criminal Code is imprisonment for a 5-year term (or forced labor for the same period). It applies if the violator’s actions caused the death of at least 2 people.
The main regulatory act containing labor safety standards is the Labor Code of the Russian Federation. lists the main responsibilities of the employer to ensure safe conditions and labor protection. Government Decree No. 399 lists legal acts containing regulatory requirements for labor protection.Article 419 of the Labor Code of the Russian Federation establishes types of liability for violation of labor legislation and other regulatory legal acts containing labor law norms:
“Persons guilty of violating labor legislation and other acts containing labor law norms are brought to disciplinary and financial liability in the manner established by this Code and other federal laws, and are also brought to civil, administrative and criminal liability in the manner established federal laws."Disciplinary responsibility- Article 90, 192 of the Labor Code of the Russian Federation. For committing a disciplinary offense, a disciplinary sanction may be imposed on an employee in the form of a reprimand, reprimand, or dismissal on appropriate grounds. A disciplinary offense is the failure or improper performance by an employee, through his fault, of the labor duties assigned to him, provided for by labor legislation, an employment contract, and local regulations of the employer.
It is impossible to bring to disciplinary liability an employee whose actions did not involve intent or negligence in violating labor safety standards.
The most common disciplinary offenses of employees in the field of labor protection are violation of labor protection rules contained in the instructions.
In addition to employees, officials of the organization, whose responsibilities include ensuring safe working conditions in the organization, may be subject to disciplinary liability for failure to fulfill or improper performance of these duties.
The most common violations of labor safety rules for officials are:
- allowing workers to perform work without checking their knowledge of labor protection requirements;
- permission to work without undergoing a mandatory medical examination;
- permission to work on faulty equipment or to operate technological equipment in violation of technical requirements,
- permission to work in the absence of safety and protective devices, without the use of personal protective equipment by employees;
- involvement of certain categories of workers in heavy work, work with harmful or dangerous working conditions, night and overtime work, which is prohibited for them by law.
If a disciplinary offense is committed against employees who are employed in organizations with particularly hazardous production in the field of nuclear energy, in addition to the penalties provided for by the Labor Code of the Russian Federation, the following types of disciplinary sanctions may be applied:
- warning about incomplete professional compliance;
- transfer with the employee’s consent to another lower-paid job or other lower position for a period of up to 3 months;
- transfer, with the consent of the employee, to a job not related to work in particularly hazardous production in the field of nuclear energy, taking into account the profession (specialty) for a period of up to 1 year;
- release from a position related to work in particularly hazardous production in the field of nuclear energy, with the provision, with the consent of the employee, of other work taking into account his profession (specialty).
In accordance with Article 193 of the Labor Code of the Russian Federation, only one disciplinary sanction can be applied for each disciplinary offense. It applies no later than one month from the date of discovery of the act.
Material liability
The financial liability of the parties to the employment contract is provided for in Section 11 of the Labor Code of the Russian Federation.
The employee’s financial liability may be provided for in the employment contract or in an additional agreement to the employment contract on full financial liability concluded with him. The basic rights and responsibilities of an employee are listed in Article 21 of the Labor Code of the Russian Federation, one of which is compliance with labor protection and occupational safety requirements.
To bring an employee to financial responsibility, the following conditions must exist:
- illegality of actions (inaction) of the harm-doer
- guilt (in the form of intent or negligence) of the party in causing the damage;
- causal relationship between action (inaction) and consequences in the form of damage caused.
Direct actual damage, according to the Labor Code of the Russian Federation, is a real decrease or deterioration in the condition of the employer’s existing property, as well as the property of third parties if the employer is responsible for it, entailing unnecessary costs for the employer to restore or acquire lost property.
The employee will bear financial responsibility both for direct actual damage directly caused by him to the employer, and for damage that arose to the employer as a result of compensation for damage to other persons.
According to Article 241 of the Labor Code of the Russian Federation, an employee bears financial responsibility within the limits of his average monthly earnings. The head of the organization bears, as a rule, full financial responsibility.
In Appendix No. 1 to the Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85 “On approval of lists of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) financial responsibility, as well as standard forms of agreements on full financial liability" provides a List of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual financial liability for shortages of entrusted property.
Such employees in particular include heads (managers) of sites and other construction and installation departments, work producers and foremen (including senior, chief) of construction and installation work.
In addition, Part 3 of Article 242 of the Labor Code of the Russian Federation defines cases of full financial liability of workers under the age of 18:
- intentional causing of damage;
- causing damage while under the influence of alcohol, drugs or toxic substances;
- causing damage as a result of committing a crime or administrative offense.
Article 243 of the Labor Code of the Russian Federation specifies cases when financial responsibility is assigned to the employee in full, and in Article 240 of the Labor Code of the Russian Federation the legislator provides the employer with the opportunity to refuse (in whole or in part) from collecting material damage from the employee.
Article 239 of the Labor Code of the Russian Federation lists cases of damage, upon the occurrence of which, The employee's financial liability is excluded due to:
- occurrence of force majeure circumstances;
- normal economic risk;
- extreme necessity or necessary defense;
- failure by the employer to fulfill the obligation to provide appropriate conditions for storing property entrusted to the employee.
In accordance with Part 1 of Article 246 of the Labor Code of the Russian Federation, the amount of damage caused to the employer in the event of loss and damage to property is determined by actual losses, calculated on the basis of market prices prevailing in the area on the day the damage was caused, but not lower than the value of the property according to accounting data taking into account the degree of wear and tear of this property.
The same article states that the Federal Law may establish a special procedure for determining the amount of damage to be compensated that is caused to the employer by theft, intentional damage, shortage or loss of certain types of property and other valuables, as well as in cases where the actual amount of damage caused exceeds its nominal size.
According to Article 247 of the Labor Code of the Russian Federation, before a decision is made on compensation for damage by specific employees, the employer has a duty to conduct an inspection in order to establish the amount of damage caused and the reasons for its occurrence. To conduct such an inspection, the employer may create a commission including relevant specialists. In this case, an explanation in writing must be requested from the employee to establish the cause of the damage.
In accordance with Part 3 of Article 247 of the Labor Code of the Russian Federation, the employee and (or) his representative are given the right to get acquainted with all inspection materials and appeal them in the manner established by the Labor Code of the Russian Federation. In this case, the employee can exercise his right regardless of whether he is found guilty of causing damage or not.
According to this, compensation for damages is made regardless of whether the employee is brought to disciplinary, administrative or criminal liability for actions or inactions that caused damage to the employer.
Administrative responsibility.
Responsibility for violation of labor protection legislation is provided for in Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Persons who may be held liable under this article are officials of organizations, legal entities, and persons engaged in business activities without forming a legal entity.
In accordance with Article 2.4 of the Code of Administrative Offenses of the Russian Federation, an official is subject to administrative liability if he commits an administrative offense in connection with failure to perform or improper performance of his official duties. In this case, these will be the persons who are responsible for complying with labor safety standards. The Code of Administrative Offenses of the Russian Federation in Article 2.4 defines an official.
An official is a person permanently, temporarily or in accordance with special powers carrying out the functions of a representative of government, that is, vested in the manner prescribed by law with administrative powers in relation to persons who are not officially dependent on him, as well as a person performing organizational and administrative or administrative functions in state bodies, local governments, state and municipal organizations, as well as in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation.”Managers, employees of other organizations, individual entrepreneurs, if they commit an administrative offense related to the performance of organizational, administrative or administrative functions, will bear administrative responsibility as officials.
Violation of labor protection legislation can be expressed both in action and inaction of officials. In any case, we are talking about a deliberate form of guilt here. According to Article 2.2 of the Code of Administrative Offenses of the Russian Federation, an administrative offense is recognized as committed intentionally if the person who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and desired the occurrence of such consequences or consciously allowed them, or was indifferent to them.
In paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 “On some questions that arise for the courts when applying the Code of the Russian Federation on Administrative Offenses”, the Supreme Court of the Russian Federation (hereinafter referred to as the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 5) explains that :
« In the event of an administrative offense expressed in the form of inaction, the period for bringing to administrative responsibility is calculated from the day following the last day of the period provided for the fulfillment of the relevant obligation.”
A legal entity is found guilty of committing an administrative offense, in accordance with Part 2 of Article 2.1 of the Code of Administrative Offenses of the Russian Federation, if it is established that it had the opportunity to comply with the rules and norms, for violation of which the Code of Administrative Offenses of the Russian Federation or the laws of a constituent entity of the Russian Federation provides for administrative liability, but this person did not take all measures within his power to comply with them.
Responsibility provided for under Article 5.27 of the Code of Administrative Offenses of the Russian Federation:
- Violation of labor protection legislation entails the imposition of an administrative fine in the amount of 5 to 50 minimum wages on officials responsible for labor protection in the organization;
- for persons carrying out entrepreneurial activities without forming a legal entity, a fine in the amount of 5 to 50 times the minimum wage (minimum wage) or administrative suspension of activities for up to ninety days;
- for legal entities - from 300 to 500 minimum wages or administrative suspension of activities for up to ninety days;
- violation of labor protection legislation by an official who was previously subjected to administrative punishment for a similar administrative offense - entails disqualification for a period of one to three years.
“In accordance with Part 3 of Article 2.1 of the Code of Administrative Offenses of the Russian Federation inIf a legal entity commits an administrative offense and specific officials are identified through whose fault it was committed (Article 2.4 of the Code of Administrative Offenses of the Russian Federation), it is permissible to bring both the legal entity and the specified officials to administrative liability under the same norm.”
Note!
Part 1 of Article 5.27 provides in the form of administrative punishment either an administrative fine or administrative suspension of activities.
The imposition of an administrative penalty under Part 1 of Article 5.27 of the Code of Administrative Offenses is carried out, in accordance with Article 23.12 of the Code of Administrative Offenses of the Russian Federation, by an inspector of the Federal Labor Inspectorate.
The court found that the citizen, who had an employment relationship with the entrepreneur, died from an industrial accident on May 30, 2003. The entrepreneur did not report this fact to the State Labor Inspectorate of the Sverdlovsk Region, thereby violating the legal requirements provided for in Article 5.27 of the Code of Administrative Offenses of the Russian Federation (Resolution of the Federal Antimonopoly Service of the Ural District dated December 10, 2003 in case No. F09-4171/03-AK)).
Administrative suspension of activities as a type of administrative punishment is provided for in Article 3.12. Code of Administrative Offenses of the Russian Federation. According to Part 1 of Article 3.12 of the Code of Administrative Offenses of the Russian Federation, it consists of a temporary cessation of the activities of individual entrepreneurs, legal entities, their branches, representative offices, structural divisions, production sites, as well as the operation of units, facilities, buildings or structures, the implementation of certain types of activities (work), the provision of services.
According to the same part of Article 3.12 of the Code of Administrative Offenses of the Russian Federation, administrative suspension of activities can be applied in the event of:
- threats to human life or health;
- the occurrence of an epidemic, epizootic, infection (contamination) of regulated objects with quarantine objects;
- the occurrence of a radiation accident or man-made disaster;
- causing significant harm to the condition or quality of the environment;
- committing an administrative offense in the field of trafficking in narcotic drugs, psychotropic substances and their precursors;
- in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism.
A temporary ban on activities is used as a security measure in the event of an administrative offense, for which punishment is provided in the form of administrative suspension of activities. A temporary ban on activities as a security measure in the case of an administrative offense is established by Article 27.16 of the Code of Administrative Offenses of the Russian Federation. In our case, it will be carried out by the state labor inspector by drawing up a protocol and submitting it to the court.
Since violations of state regulatory labor requirements were identified in the production premises owned by the entrepreneur, which pose a threat to the life and health of workers, the labor inspector’s demands to suspend the operation of the production premises until the identified deficiencies are eliminated were recognized as legitimate. (Resolution of the Federal Antimonopoly Service of the West Siberian District dated February 3, 2005 in case No. F04-317/2005 (8149-A03-19)).
Part 1 of Article 27.16 of the Code of Administrative Offenses of the Russian Federation establishes that a temporary ban on activities consists of a short-term cessation of activities. According to Part 1 of Article 27.17 of the Code of Administrative Offenses of the Russian Federation, the period of a temporary ban on activities should not exceed 5 days from the date of actual termination of activities. As follows from paragraph 1 of part 1 of Article 27.16 of the Code of Administrative Offenses of the Russian Federation, a temporary ban on activities is applied only in exceptional cases, if it is necessary to prevent an immediate threat to human life or health, the occurrence of an epidemic, epizootic, contamination (contamination) of regulated facilities with quarantine objects, the occurrence of a radiation accident or man-made disaster, causing significant harm to the condition or quality of the environment and if preventing these circumstances by other means is impossible.
According to Part 5 of Article 29.6 of the Code of Administrative Offenses of the Russian Federation, a case of an administrative offense, for the commission of which an administrative penalty may be imposed in the form of administrative suspension of activities and a temporary ban on activities applied, must be considered by a judge no later than 5 days from the moment of the actual termination of the activities of branches, representative offices, structural divisions legal entity, production sites, as well as the operation of units, facilities, buildings or structures, the implementation of certain types of activities (works), and the provision of services.
The period of temporary ban on activities is counted towards the period of administrative suspension of activities.
According to Part 3 of Article 3.12 of the Code of Administrative Offenses of the Russian Federation, a judge, on the basis of a petition from a person who carries out entrepreneurial activities without forming a legal entity, or a legal entity, prematurely terminates the execution of an administrative penalty in the form of administrative suspension of activities, if it is established that the circumstances that served as the basis for the appointment have been eliminated administrative punishment.
Part two of Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides for disqualification in the form of an administrative penalty, which can be applied to an official who was previously subject to administrative punishment for a similar administrative offense. In paragraph 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 5, the Supreme Court of the Russian Federation explains what should be understood by a similar offense:
“A similar offense specified in Part 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation should be understood as the commission by an official of the same, and not any violation of labor and labor protection legislation (for example, the first time an official did not pay when dismissing one, and later - when dismissal of another employee).
Disqualification can only be applied as a primary administrative penalty. Disqualification under Article 3.11. The Code of Administrative Offenses of the Russian Federation is to deprive an individual of the right to occupy leadership positions in the executive body of a legal entity, to join the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, as well as to manage a legal entity in other cases provided for by the legislation of the Russian Federation.
According to Part 3 of Article 3.11 of the Code of Administrative Offenses of the Russian Federation, disqualification can also be applied to persons who carry out organizational, administrative or administrative functions in a body of a legal entity, to members of the board of directors and to persons engaged in entrepreneurial activities without forming a legal entity, including arbitration manager.
Disqualification can be applied to individuals working in organizations, regardless of their organizational and legal form.
Cases of administrative offenses provided for in Part 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation are considered by magistrates. According to paragraph 6 of part 1 of Article 23 of the Civil Procedure Code of the Russian Federation, the magistrate considers as a court of first instance cases arising from labor relations, with the exception of cases of reinstatement and cases of resolution of collective labor disputes.
Article 5.44. The Code of Administrative Offenses of the Russian Federation provides for administrative liability for concealment by the policyholder of the occurrence of an insured event under compulsory social insurance against industrial accidents and occupational diseases. In this case, failure to report it within 24 hours will be considered a concealment of the accident.
Committing this offense entails the imposition of an administrative fine:
- for citizens in the amount of three to five times the minimum wage;
- for officials - from five to ten minimum wages;
- for legal entities - from fifty to one hundred minimum wages.
The Federal Arbitration Court of the Ural District, by its Resolution in case No. F09-6045/04-AK dated January 26, 2005, confirmed the validity of bringing the employer to administrative liability provided for in Article 5.44 of the Code of Administrative Offenses of the Russian Federation for concealing an insured event.
In addition, Chapter 9 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for a number of offenses specifically in the field of construction.
So V liability is provided for violation of safety standards and regulations during the design, construction, acceptance, commissioning, operation, repair, reconstruction, conservation or decommissioning of a hydraulic structure. Violation of these norms entails:
For citizens - the imposition of an administrative fine in the amount of ten to fifteen times the minimum wage;
For officials - the imposition of an administrative fine in the amount of twenty to thirty times the minimum wage;
For persons carrying out entrepreneurial activities without forming a legal entity - the imposition of an administrative fine in the amount of twenty to thirty times the minimum wage or administrative suspension of activities for up to ninety days;
For legal entities - the imposition of an administrative fine in the amount of two hundred to three hundred times the minimum wage or administrative suspension of activities for up to ninety days.
Cases of administrative offenses provided for by this article in accordance with Articles 23.23, 23.31 of the Code of Administrative Offenses of the Russian Federation are considered by bodies exercising state supervision and control over the use and protection of water bodies and bodies exercising state mining and industrial supervision.
It provides for liability for violation of rules or regulations for the operation of tractors, self-propelled, road-building and other machines and equipment.
- For citizens - the imposition of an administrative fine in the amount of one to three times the minimum wage or deprivation of the right to drive vehicles for a period of three to six months;
- for officials - the imposition of an administrative fine in the amount of five to ten times the minimum wage.
Liability is provided for violation of the mandatory requirements of state standards, technical specifications, building codes and regulations, approved projects, and other regulatory documents in the field of construction when performing engineering surveys, design, construction and installation work, as well as in the production of building materials, structures and products.
Violation of the provisions of this article entails:
- For citizens - the imposition of an administrative fine in the amount of five to ten times the minimum wage;
Thus, by the Resolution of the Federal Antimonopoly Service of the Volga Region dated March 24, 2005 in case No. A06-2036U/3-18/04, it was rightfully refused to satisfy the application to invalidate the order of the State Architectural Supervision, according to which the entrepreneur was asked to dismantle the chimney built above the roof of the pharmacy in violation project, since the case materials confirm the fact that the applicant violated the design and construction requirements.
liability is provided for violation of the established procedure for the construction of facilities, their acceptance, and their commissioning:Cases of administrative offenses provided for by this article, in accordance with Article 23.56 of the Code of Administrative Offenses of the Russian Federation, are considered by officials of the bodies exercising state architectural and construction supervision."1. Construction without permission of buildings and structures for production and non-production purposes, including residential buildings, as well as individual construction projects -
entails the imposition of an administrative fine on citizens in the amount of three to five times the minimum wage; for officials - from five to ten minimum wages; for legal entities - from fifty to one hundred minimum wages.
2. Violation of the rules for acceptance and commissioning of facilities, including the occupancy of residential buildings and the use of civil and industrial facilities without drawing up commissioning documents in the prescribed manner, -
shall entail the imposition of an administrative fine on citizens in the amount of from five to ten times the minimum wage; for officials - from ten to twenty minimum wages; for legal entities - from one hundred to two hundred minimum wages.
3. Violation of the procedure for issuing architectural and planning assignments and construction permits -shall entail the imposition of an administrative fine on officials in the amount of ten to twenty times the minimum wage.”
Liability is provided for the commissioning of fuel and energy consuming facilities without the permission of the authorities exercising state supervision at these facilities. Violation of the provisions of this article entails:
- for officials - the imposition of an administrative fine in the amount of ten to twenty times the minimum wage;
- for persons carrying out entrepreneurial activities without forming a legal entity - the imposition of an administrative fine in the amount of ten to twenty times the minimum wage or administrative suspension of activities for up to ninety days;
- for legal entities - the imposition of an administrative fine in the amount of one hundred to two hundred times the minimum wage or administrative suspension of activities for a period of up to ninety days.
As follows from Part 2 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation, judges consider cases of administrative offenses provided for in Articles 9.2-9.4, 9.9 in the event that the body or official to whom this case was received transfers it to the judge for consideration.
The Code of Administrative Offenses of the Russian Federation also provides for administrative liability for officials of construction organizations under the following articles:
“Article 19.4. Disobedience to a lawful order of an official of a body exercising state supervision (control)The following have the right to consider cases of administrative offenses in the field of construction provided for in these articles:1. Disobedience to a lawful order or demand of an official of a body exercising state supervision (control), as well as obstruction of this official from carrying out his official duties -
entails a warning or the imposition of an administrative fine on citizens in the amount of from five to ten times the minimum wage; for officials - from ten to twenty minimum wages.
Article 19.5. Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control)
1. Failure to comply within the prescribed period with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control) to eliminate violations of the law -
entails the imposition of an administrative fine on citizens in the amount of three to five times the minimum wage; for officials - from ten to twenty times the minimum wage or disqualification for up to three years; for legal entities - from one hundred to two hundred minimum wages.
Article 19.6. Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense
Failure to take, by resolution (representation) of the body (official) that examined the case of an administrative offense, measures to eliminate the causes and conditions that contributed to the commission of an administrative offense -
shall entail the imposition of an administrative fine on officials in the amount of three to five times the minimum wage.
Article 19.7. Failure to provide information (information)
Failure to submit or untimely submission to a state body (official) of information (information), the submission of which is provided for by law and is necessary for this body (official) to carry out its legal activities, as well as the submission to a state body (official) of such information (information) in incomplete or in a distorted form, except for the cases provided for in Articles 19.7.1, 19.8, 19.19 of this Code, -
entails the imposition of an administrative fine on citizens in the amount of one to three times the minimum wage; for officials - from three to five times the minimum wage; for legal entities - from thirty to fifty minimum wages.”
- officials of federal labor protection inspectorates in accordance with paragraph 16 of Article Part 2 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation;
- officials of state energy supervision bodies in accordance with paragraph 38 of part 2 of article 28.3 of the Code of Administrative Offenses of the Russian Federation;
- officials of state mining and industrial supervision bodies in accordance with paragraph 39 of part 2 of article 28.3 of the Code of Administrative Offenses of the Russian Federation;
- officials of bodies exercising state supervision over the technical condition of self-propelled vehicles and other types of equipment in accordance with paragraph 43 of part 2 of article 28.3 of the Code of Administrative Offenses of the Russian Federation;
- officials of state architectural and construction supervision bodies in accordance with paragraph 70 of part 2 of article 28.3 of the Code of Administrative Offenses of the Russian Federation.
So part 1 This article establishes liability for violation of fire safety requirements established by standards, norms and rules, with the exception of cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offenses of the Russian Federation. Violation of these norms entails:
- for citizens - a warning or the imposition of an administrative fine in the amount of five to ten times the minimum wage;
- for officials - the imposition of an administrative fine in the amount of ten to twenty times the minimum wage;
- for persons carrying out entrepreneurial activities without forming a legal entity - the imposition of an administrative fine in the amount of ten to twenty times the minimum wage or administrative suspension of activities for up to ninety days;
- for legal entities - the imposition of an administrative fine in the amount of one hundred to two hundred times the minimum wage or administrative suspension of activities for a period of up to ninety days.
- for citizens - in the amount of ten to fifteen times the minimum wage;
- for officials - from twenty to thirty minimum wages;
- for legal entities - from two hundred to three hundred minimum wages.
- for citizens - in the amount of fifteen to twenty minimum wages;
- for officials - from thirty to forty minimum wages;
- for legal entities - from three hundred to four hundred minimum wages.
- for citizens - in the amount of three to five times the minimum wage;
- for officials - from five to ten minimum wages;
- for legal entities - from fifty to one hundred minimum wages.
When distinguishing an administrative offense from a criminal offense, the qualification of guilt and the socially dangerous consequences of the act are important.
Violation of safety rules or other labor protection rules, committed by a person who was responsible for complying with these rules, if this resulted in negligence causing serious harm to human health, will be qualified as a crime under Part 1 of Article 143 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code) RF). And if the consequences provided for by this article do not occur—light or moderate harm to health is caused—then the action will be considered an administrative offense under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
Criminal liability.
The Criminal Code of the Russian Federation provides for liability for actions that grossly violate the provisions of the legislation on labor and labor protection, or which entail significant negative consequences, such as causing harm to health or loss of life. Criminal offenses that violate labor protection legislation include the following:
- Article 143 of the Criminal Code of the Russian Federation, violation of labor protection rules;
- Article 215 of the Criminal Code of the Russian Federation Violation of safety rules at nuclear energy facilities;
- Article 216 of the Criminal Code of the Russian Federation. Violation of safety rules when conducting mining, construction or other work;
- Article 217 of the Criminal Code of the Russian Federation. Violation of safety rules at explosive objects;
- Article 218 of the Criminal Code of the Russian Federation. Violation of the rules for accounting, storage, transportation and use of explosives, flammable substances and pyrotechnic products;
- Article 219 of the Criminal Code of the Russian Federation. Violation of fire safety rules.
Article 143 of the Criminal Code of the Russian Federation:The subjects (perpetrators) of this crime may be persons who, by virtue of their official position or by special order, are directly charged with the obligation to ensure compliance with labor safety rules at a certain area of work, if they have not taken measures to eliminate a violation known to them labor protection rules or gave instructions that contradict these rules, or did not ensure compliance with certain rules (Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 1991 No. 1 “On judicial practice in cases of violations of labor protection and safety rules in mining, construction and other works").“1 Violation of safety rules or other labor protection rules, if this entailed, through negligence, the infliction of serious harm to human health, -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of up to two years, or by imprisonment for a term of up to one year.
2. The same act, resulting in the death of a person through negligence, -shall be punishable by imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.”
Such persons include:
- individual entrepreneur without forming a legal entity;
- the head of the organization, his deputies,
- officials of organizations or institutions: chief engineers, chief specialists of enterprises.
Leaders of the organization and officials in such cases may be held liable for abuse of power (Article 285 of the Criminal Code of the Russian Federation) or negligence (Article 293 of the Criminal Code of the Russian Federation).
Responsibility for this crime is provided for careless action (inaction), as a result of which, in violation of labor safety rules, serious harm to health was caused. Reckless fault can be in the form of thoughtlessness or negligence. According to Article 26 of the Criminal Code of the Russian Federation, frivolity is if a person foresaw the possibility of the occurrence of socially dangerous consequences of his actions (inaction), but without sufficient grounds for this he arrogantly counted on preventing these consequences, and negligence is if the person did not foresee the possibility of the occurrence of socially dangerous consequences of his actions ( inaction), although with the necessary care and forethought it should and could have foreseen these consequences.
The distinction between crimes such as violation of labor safety rules (Article 143 of the Criminal Code of the Russian Federation) and crimes provided for in Articles 285, 293 of the Criminal Code of the Russian Federation should be carried out based on the duties assigned to a specific official. The subject (perpetrator) of the crime provided for in Article 143 of the Criminal Code of the Russian Federation will be a person , which is directly charged with the responsibility for ensuring safe working conditions and which ignored or dishonestly fulfilled these duties. And the subject of the crime provided for in Article 293 of the Criminal Code of the Russian Federation will be a person who, by virtue of his official position, was obliged to have information about how things are going to ensure safety at each work site and to take appropriate measures so that an industrial accident does not occur.
The Criminal Code of the Russian Federation provides for special offenses provided for in Articles 215-219 of the Criminal Code of the Russian Federation.
When qualifying crimes under Articles 143, 215-219 of the Criminal Code of the Russian Federation, you need to know that these crimes can only be committed through negligence. If there is an indirect or direct intent to commit crimes provided for in Articles 143, 215-219 of the Criminal Code of the Russian Federation, the act will be qualified as a crime already provided for in other articles of the Criminal Code of the Russian Federation.
When distinguishing between the elements of crimes provided for by the norms of Articles 215-219 of the Criminal Code of the Russian Federation and Article 143 of the Criminal Code of the Russian Federation, the identity of the victim is important. A victim of a crime, liability for which is provided for under Article 143 of the Criminal Code of the Russian Federation, can only be a person who has an employment relationship with the employer, and a victim in the commission of crimes provided for in Articles 215-219 of the Criminal Code of the Russian Federation can be any person, regardless of whether he has an employment relationship with this organization (employer).
Russian legislation provides for four types of employee liability for violation of labor law requirements, labor protection and industrial safety:
- disciplinary;
- material;
- administrative;
- criminal.
Responsibility is determined by the following federal laws:
Labor Code of the Russian Federation;
Code of Administrative Offenses of the Russian Federation;
Criminal Code of the Russian Federation;
Federal Law “On the Fundamentals of Labor Safety in the Russian Federation”;
Federal Law “On Industrial Safety of Hazardous Production Facilities”.
Labor discipline and work routine of the organization
Labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with the Labor Code, other laws, collective agreements, agreements, employment contracts, and local regulations of the organization.
The organization's labor regulations are determined by the internal labor regulations.
The internal labor regulations of an organization are a local regulatory act of an organization that regulates, in accordance with the Labor Code, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as others. issues of regulation of labor relations in the organization.
The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the organization's employees in accordance with Art. 372 of the Labor Code.
For certain categories of employees, there are charters and regulations on discipline approved by the Government of the Russian Federation in accordance with federal laws.
Types of disciplinary sanctions
The employer has the right to apply disciplinary sanctions for the employee committing a disciplinary offense.
A disciplinary offense is the failure or improper performance by an employee, through his fault, of the work duties assigned to him.
The Labor Code provides for the following disciplinary sanctions:
comment;
rebuke;
dismissal.
Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.
The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.
Dismissal of an employee as a disciplinary measure
Termination of an employment contract with an employee at the initiative of the employer, as a disciplinary measure, may be based on clauses. 5,6,7,8,10,11 st. 81 Labor Code of the Russian Federation.
5) repeated failure by an employee to fulfill labor duties without good reason, if he has a disciplinary sanction (taking into account the opinion of the elected trade union body in accordance with Article 82);
6) a single gross violation by an employee of labor duties:
a) absenteeism (absence from the workplace without good reason for more than four hours in a row during the working day);
b) appearing at work in a state of alcohol, drug or other toxic intoxication;
c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties;
d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of the body authorized to apply administrative penalties;
e) violation by an employee of labor protection requirements, if this violation entailed serious consequences (work accident, accident, catastrophe) or knowingly created a real threat of such consequences;
7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;
8) an employee performing educational functions has committed an immoral offense that is incompatible with the continuation of this work;
9) the adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) the employee submits false documents or knowingly false information to the employer when concluding an employment contract.
The procedure for imposing and appealing disciplinary sanctions
In accordance with Art. 193 of the Labor Code, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. 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 necessary to take into account the opinion of the representative body of employees.
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.
A disciplinary sanction can be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.
Procedure for removing disciplinary sanctions
Article 194 of the Labor Code defines the procedure for removing disciplinary sanctions.
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.
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.
Bringing the head of the organization and his deputies to disciplinary liability at the request of the representative body of workers
In accordance with Art. 81 and Article 195 of the Labor Code, the employer is obliged to consider the application of the representative body of workers about the violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of workers.
If the facts of violations are confirmed, the employer is obliged to apply disciplinary action to the head of the organization and his deputies, up to and including dismissal.
An employment contract can be terminated by the employer in the event of a one-time gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties.
Conditions for the occurrence of financial liability of the employer to the employee and the employee to the employer
According to Art. 232 and 233 of the Labor Code, the party to the employment contract (employer or employee) who caused damage to the other party compensates for this damage in accordance with the Labor Code and other federal laws.
Termination of an employment contract after damage has been caused does not entail the release of the party to this contract from financial liability provided for by the Labor Code or other federal laws.
The financial liability of a party to an employment contract arises for damage caused by it to the other party to this contract as a result of its culpable unlawful behavior (actions or inaction), unless otherwise provided by the Labor Code or other federal laws.
Each party to the employment contract is obliged to prove the amount of damage caused to it.
The employer's obligation to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work
In accordance with Art. 234 of the Labor Code, the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of:
- illegal removal of an employee from work (violation of Article 76 of the Labor Code),
- his illegal dismissal (violation of Article 77 and Article 81 of the Labor Code)
- or illegally transferring him to another job (violation of Articles 72 and 74 of the Labor Code);
- the employer’s refusal to execute or untimely execution of the decision to reinstate the employee to his previous job by the labor dispute resolution body (violation of Article 396 of the Labor Code) or the state legal labor inspector (violation of Article 357 of the Labor Code);
- delay by the employer in issuing a work book to the employee (violation of Article 62 of the Labor Code);
- entering into the work book an incorrect or non-compliant formulation of the reason for the dismissal of the employee (violation of Article 66 of the Labor Code);
- other cases provided for by federal laws and the collective agreement.
Employer's liability for damage caused to employee's property
In accordance with Art. 235 of the Labor Code, the amount of damage is calculated at market prices in force in the given area at the time of compensation for damage. If the employee agrees, damages may be compensated in kind.
The employee's application for compensation for damage is sent to the employer. The employer is obliged to consider the received application and make an appropriate decision within ten days from the date of its receipt. If the employee disagrees with the employer’s decision or does not receive a response within the prescribed period, the employee has the right to go to court.
Employer's financial liability for delayed payment of wages
The employer's financial liability arises if he violates the established deadline:
- payment of wages (Article 136 of the Labor Code),
- vacation pay (Article 136 of the Labor Code),
- payments upon dismissal (Article 140 of the Labor Code),
- other payments due to the employee.
The employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time on amounts unpaid on time for each day of delay, starting from the next day after the established payment deadline until the day of actual payment, inclusive . The specific amount of monetary compensation paid to an employee is determined by a collective agreement or employment contract.
Financial liability of the employee for damage caused to the employer
The employee is obliged to compensate the employer (Articles 238, 239 of the Labor Code) for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee.
Direct actual damage is understood as a real decrease in the employer's available property or deterioration in the condition of said property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or excessive payments for the acquisition or restoration of property.
The employee bears financial responsibility both for direct actual damage directly caused by him to the employer, and for damage incurred by the employer as a result of compensation for damage to other persons.
The employee's financial liability is excluded in cases of damage arising due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer's failure to fulfill the obligation to provide adequate conditions for storing property entrusted to the employee.
The limits of an employee’s financial liability for damage caused to the employer. Procedure for collecting damages
For damage caused (Article 241, Article 247,248 of the Labor Code), the employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by the Labor Code or other federal laws.
Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an inspection to establish the amount of damage caused and the reasons for its occurrence.
Requiring a written explanation from the employee to establish the cause of the damage is mandatory.
The employee and (or) his representative have the right to familiarize himself with all inspection materials and appeal them in the manner established by the Labor Code.
Recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer. The order can be made no later than one month from the date of final determination by the employer of the amount of damage caused by the employee.
If the one-month period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount of damage caused to be recovered from the employee exceeds his average monthly earnings, then recovery is carried out in court.
If the employer fails to comply with the established procedure for collecting damages, the employee has the right to appeal the employer’s actions in court.
An employee who is guilty of causing damage to the employer may voluntarily compensate for it in whole or in part. By agreement of the parties to the employment contract, compensation for damage by installments is allowed. In this case, the employee submits to the employer a written obligation to compensate for damages, indicating specific payment terms. In the event of dismissal of an employee who gave a written commitment to voluntarily compensate for damage, but refused to compensate for the specified damage, the outstanding debt is collected in court.
Compensation for damages is made regardless of whether the employee is brought to disciplinary, administrative or criminal liability for actions or inactions that caused damage to the employer.
Full financial responsibility of the employee. Cases of full financial responsibility of the employee
In accordance with Art. 242 and 243 of the Labor Code, the full financial responsibility of the employee consists of his obligation to compensate for the damage caused in full.
Financial liability in the full amount of damage caused may be assigned to the employee only in cases provided for by the Labor Code or other federal laws.
Employees under the age of eighteen bear full financial liability only for intentional damage, for damage caused while under the influence of alcohol, drugs or toxic substances, as well as for damage caused as a result of a crime or administrative violation.
Financial liability in the full amount of damage caused is assigned to the employee in the following cases:
1) when, in accordance with this Code or other federal laws, the employee is held financially liable in full for damage caused to the employer during the performance of the employee’s job duties;
2) shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;
3) intentional infliction of damage;
4) causing damage while under the influence of alcohol, drugs or toxic substances;
5) damage caused as a result of the employee’s criminal actions established by a court verdict;
6) damage caused as a result of an administrative violation, if established by the relevant government body;
7) disclosure of information constituting a secret protected by law (official, commercial or other), in cases provided for by federal laws;
8) damage was caused while the employee was not performing his job duties.
Written agreements on the full financial responsibility of employees. Collective (team) responsibility
Written agreements on full individual or collective (team) financial liability (Articles 244 and 245 of the Labor Code), that is, on compensation to the employer for damage caused in full for the shortage of property entrusted to employees, are concluded with employees who have reached the age of eighteen and directly service or use monetary, commodity valuables or other property.
Lists of works and categories of workers with whom these contracts can be concluded are approved in the manner established by the Government of the Russian Federation. The procedure is determined by Decree of the Government of the Russian Federation dated November 14, 2002 No. 823 and Decree of the Ministry of Labor dated December 31, 2002 No. 85.
When employees jointly perform certain types of work related to the storage, processing, sale (release), transportation, use or other use of valuables transferred to them, when it is impossible to differentiate the responsibility of each employee for causing damage and to conclude an agreement with him on compensation for damage in full, collective (team) financial liability may be introduced.
A written agreement on collective (team) financial liability for damage is concluded between the employer and all members of the team (team).
When recovering damages in court, the degree of guilt of each member of the team (team) is determined by the court.
The concept of “administrative offense”
In accordance with Art. 2.1 of the Code of the Russian Federation on Administrative Offenses, an administrative offense is recognized as an unlawful, guilty action (inaction) of an individual or legal entity, for which administrative liability is established by the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses.
Types of administrative penalties
For the commission of administrative offenses (Article 3.2 of the Code of the Russian Federation on Administrative Offences), the following administrative penalties may be established and applied:
1) warning;
2) administrative fine;
3) paid seizure of the instrument or subject of an administrative offense;
4) confiscation of the instrument or subject of the administrative offense;
5) deprivation of a special right granted to an individual;
6) administrative arrest;
8) disqualification
9) administrative suspension of activities.
Administrative penalties listed in paragraphs 1 - 4, 9 of part 1 of article 3.2 may be applied to a legal entity. (as amended by Federal Law No. 45-FZ dated 05/09/2005).
A warning is a measure of administrative punishment expressed in official censure of an individual or legal entity. The warning is issued in writing (Article 3.4 of the Code of Administrative Offenses of the Russian Federation).
An administrative fine is a monetary penalty and can be expressed in an amount that is a multiple of the minimum wage (without taking into account regional coefficients) (from Article 3.5 of the Code of Administrative Offenses of the Russian Federation).
The amount of an administrative fine cannot exceed:
An administrative fine is a monetary penalty, expressed in rubles and established for citizens in an amount not exceeding five thousand rubles; for officials - fifty thousand rubles; for legal entities - one million rubles, or can be expressed as a multiple of:
imposed on citizens - no more than five thousand rubles;
imposed on officials - not more than fifty thousand rubles;
imposed on legal entities - no more than one million rubles.
Disqualification consists of depriving an individual of the right to occupy leadership positions in the executive management body of a legal entity, to join the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, as well as to manage a legal entity in other cases provided for by the legislation of the Russian Federation. An administrative penalty in the form of disqualification is imposed by a judge.
Disqualification is established for a period of six months to three years.
Disqualification can be applied to persons carrying out organizational and administrative or administrative and economic functions in a body of a legal entity, to members of the board of directors, as well as to persons engaged in business activities without forming a legal entity, including arbitration managers (Article 3.11. Code of Administrative Offenses of the Russian Federation).
Administrative suspension of activities is appointed by a judge only in cases where a less severe type of administrative punishment cannot achieve the goal of the administrative punishment.
Administrative suspension of activities is established for a period of up to ninety days.
A judge, on the basis of a petition from a person carrying out entrepreneurial activities without forming a legal entity, or a legal entity, prematurely terminates the execution of an administrative penalty in the form of administrative suspension of activities if it is established that the circumstances that served as the basis for imposing this administrative penalty have been eliminated.
In case of a continuing administrative offense, the terms begin to be calculated from the date of discovery of the administrative offense.
For administrative offenses entailing the application of administrative punishment in the form of disqualification, a person may be brought to administrative responsibility no later than one year from the date of commission of the administrative offense, and in the case of a continuing administrative offense - one year from the date of its discovery.
The following are extracts from articles of the Code of Administrative Offences, entailing:
Violation of labor and labor protection legislation
In accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation:
1. Violation of labor and labor protection legislation –
- for officials in the amount of five hundred to five thousand rubles;
- for persons carrying out entrepreneurial activities without forming a legal entity - from five hundred to five thousand rubles or administrative suspension of activities for a period of up to ninety days;
- for legal entities - from thirty thousand to fifty thousand rubles or administrative suspension of activities for a period of up to ninety days.
2. Violation of labor and labor protection legislation by an official who was previously subjected to administrative punishment for a similar administrative offense shall entail disqualification for a period of one to three years.
Administrative liability for avoiding participation in collective bargaining
In accordance with Articles 5.28 – 5.32 of the Code of Administrative Offenses of the Russian Federation, the following types of liability are provided:
Failure by the employer or a person representing him to participate in negotiations on the conclusion, amendment or addition of a collective agreement, agreement, or violation of the deadline established by law for negotiations, as well as failure to ensure the work of the commission for concluding a collective agreement, agreement within the time limits determined by the parties,
– entails the imposition of an administrative fine in the amount of one thousand three thousand rubles.
Failure by the employer or a person representing him to provide, within the period established by law, the information necessary for conducting collective negotiations and monitoring compliance with the collective agreement, agreement,
Unreasonable refusal of the employer or the person representing him to conclude a collective agreement, agreement,
Violation or failure by the employer or a person representing him to fulfill obligations under a collective agreement, agreement,
– entails the imposition of an administrative fine in the amount of three thousand to five thousand rubles.
Avoidance of the employer or his representative from receiving the demands of employees and from participating in conciliation procedures, including failure to provide premises for holding a meeting (conference) of employees in order to put forward demands or creating obstacles to holding such a meeting (such conference),
- entails the imposition of an administrative fine in the amount of one thousand to three thousand rubles.
Administrative liability for violation of industrial safety requirements
In accordance with Art. 9.1 of the Code of the Russian Federation on Administrative Offenses:
1. Violation of industrial safety requirements or conditions of licenses for carrying out activities in the field of industrial safety of hazardous production facilities,
- entails the imposition of an administrative fine:
for citizens in the amount of one thousand to one thousand five hundred rubles;
for officials - from two to three thousand rubles;
for legal entities - from twenty to thirty thousand rubles or administrative suspension of activities for a period of up to ninety days.
2. Violation of industrial safety requirements for the receipt, use, processing, storage, transportation, destruction and accounting of explosives at hazardous production facilities,
- entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles or administrative suspension of activities for a period of up to ninety days.
Administrative liability for violation of fire safety requirements
In accordance with Article 20.4 of the Code of the Russian Federation on Administrative Offenses:
1. Violation of fire safety requirements established by standards, norms and rules, with the exception of cases provided for in Articles 8.32, 11.16 of the Code of Administrative Offences,
- entails a warning or the imposition of an administrative fine:
for citizens in the amount of five hundred to one thousand rubles;
for officials - from one thousand to two thousand rubles;
for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days;
for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days.
2. The same actions performed under special fire conditions,
- entail the imposition of an administrative fine:
for citizens in the amount of one thousand to one thousand five hundred rubles;
for officials - from two thousand to three thousand rubles;
for legal entities - from twenty to thirty thousand rubles.
Drawing up a protocol on an administrative offense
A protocol is drawn up on the commission of an administrative offense (Article 28.2 of the Code of Administrative Offenses of the Russian Federation).
The protocol shall indicate the date and place of its preparation, position, surname and initials of the person who compiled the protocol, information about the person against whom a case of an administrative offense has been initiated, surnames, first names, patronymics, residential addresses of witnesses and victims, if there are witnesses and victims , place, time of commission and event of the administrative offense, article of the Code of Administrative Offenses providing for administrative liability, explanation of the individual or legal representative of the legal entity against whom the case was initiated, other information necessary to resolve the case.
When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated, as well as other participants in the proceedings, are explained their rights and obligations, which is recorded in the protocol.
An individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol of the administrative offense. These persons have the right to submit explanations and comments on the contents of the protocol, which are attached to the protocol.
The protocol on an administrative offense is signed by the official who compiled it, an individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated. If these persons refuse to sign the protocol, a corresponding entry is made in it.
An individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated, as well as the victim, at their request, is given a copy of the protocol on the administrative offense against receipt.
Execution of the decision to impose an administrative fine
An administrative fine (Article 32.2 of the Code of Administrative Offenses of the Russian Federation) must be paid by a person brought to administrative responsibility no later than thirty days from the date the decision to impose an administrative fine comes into force or from the date of expiration of the deferment period or installment plan.
If an administrative fine is not paid on time, a copy of the resolution imposing the administrative fine is sent by the judge, body, or official that issued the resolution:
in relation to an individual - to an organization in which the person brought to administrative responsibility works, studies or receives a pension, to withhold the amount of an administrative fine from his salary, remuneration, scholarship, pension or other income;
in relation to a legal entity - to a bank or other credit organization to collect the amount of an administrative fine from funds or from the income of the legal entity.
Execution of the decision on administrative suspension of activities
In accordance with Art. 32.12 of the Code of Administrative Offenses of the Russian Federation A judge’s decision on the administrative suspension of activities is executed by a bailiff immediately after the issuance of such a decision.
In case of administrative suspension of activities, seals are applied, premises, places of storage of goods and other material assets, cash registers are sealed, and other measures are taken to implement the measures specified in the resolution on administrative suspension of activities necessary for the execution of administrative punishment in the form of administrative suspension of activities.
During the administrative suspension of activities, the use of measures that could lead to irreversible consequences for the production process, as well as for the functioning and safety of vital support facilities, is not allowed.
Administrative suspension of activities is terminated early by a judge at the request of a person carrying out business activities without forming a legal entity, or a legal entity, if it is established that the circumstances that served as the basis for imposing an administrative penalty in the form of administrative suspension of activities have been eliminated. In this case, the judge must necessarily request the opinion of an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense. The conclusion is given in writing indicating the facts indicating that a person carrying out business activities without forming a legal entity or a legal entity has eliminated or failed to eliminate the circumstances that served as the basis for imposing an administrative penalty in the form of suspension of activities. The conclusion is not mandatory for the judge and is assessed according to the rules established by Article 26.11 of the Code of Administrative Offenses of the Russian Federation. The judge's disagreement with the conclusion must be motivated.
The petition is considered by the judge within five days from the date of receipt in court in the manner prescribed by Chapter 29 of this Code, taking into account the specifics established by this article. In this case, a person engaged in entrepreneurial activity without forming a legal entity, or a legal representative of a legal entity, who has the right to give explanations and present documents, is summoned to the court hearing.
After examining the submitted documents, the judge makes a decision to terminate the execution of the administrative penalty in the form of administrative suspension of activities or to refuse to satisfy the petition.
The resolution on the early termination of the execution of an administrative penalty in the form of administrative suspension of activities shall indicate the information provided for in Article 29.10 of the Code of Administrative Offenses, as well as the date of resumption of activities of a person engaged in business activities without forming a legal entity, or a legal entity, its branch, representative office, structural unit, production site , as well as the operation of units, objects, buildings or structures, the implementation of certain types of activities (works), and the provision of services.
Administrative liability for failure to comply within the prescribed period with a legal order (resolution, presentation) of the body (official) exercising state supervision (control) to eliminate violations of the law
Failure to comply within the prescribed period (Article 19.5 of the Code of Administrative Offenses of the Russian Federation) with a legal order (resolution, presentation) of the body (official) exercising state supervision (control) to eliminate violations of the law -
entails the imposition of an administrative fine:
for citizens in the amount of three hundred to five hundred rubles;
for officials - from five hundred to one thousand rubles;
for legal entities - from five thousand to ten thousand rubles.
The concept of “criminal liability”
In accordance with Art. 14 of the Criminal Code of the Russian Federation criminal liability is a form of legal liability for a criminal offense.
Criminal liability arises for acts (action or inaction) containing all the signs of a crime provided for by the Criminal Code of the Russian Federation.
Criminal offense- a socially dangerous act committed guilty of guilt, prohibited by the Criminal Code of the Russian Federation under threat of punishment.
Types of criminal penalties for violation of labor, labor and industrial safety laws
The types of punishment are (Article 44 of the Criminal Code of the Russian Federation):
- fine;
- compulsory work;
- correctional work;
- confiscation of property;
- restriction of freedom;
- imprisonment for a certain period;
- deprivation of the right to hold certain positions or engage in certain activities. Deprivation of the right to hold certain positions or engage in certain activities is established for a period of six months to three years as an additional type of punishment.
Responsibility for violation of safety rules or other labor protection rules
In accordance with Art. 143 of the Criminal Code of the Russian Federation:
1. Violation of safety rules or other labor protection rules, committed by a person who was responsible for complying with these rules, if this resulted in negligence causing harm to human health
- shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of up to two years, or by imprisonment for a term of up to one year.
- is punishable by imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Liability for violation of safety rules when conducting mining, construction or other work
In accordance with Art. 216 of the Criminal Code of the Russian Federation:
1. Violation of safety rules when conducting mining, construction or other work, if this entailed through negligence the infliction of serious harm to human health or major damage, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same act, which through negligence resulted in the death of a person,
Major damage is damage the amount of which exceeds five hundred thousand rubles.
Responsibility for violation of safety rules at explosive objects
In accordance with Art. 217 of the Criminal Code of the Russian Federation:
1. Violation of safety rules at explosive objects or in explosive workshops, if this could lead to the death of a person or caused major damage,
- punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by restriction of freedom for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. .
2. The same act, which through negligence resulted in the death of a person,
- is punishable by restriction of freedom for a term of up to five years, or imprisonment for a term of up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. The act provided for in the first part of this article, resulting in the death of two or more persons through negligence,
- is punishable by imprisonment for a term of up to seven years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Responsibility for violation of fire safety rules
In accordance with Art. 219 of the Criminal Code of the Russian Federation:
1. Violation of fire safety rules committed by a person who was responsible for their observance, if this negligently resulted in the infliction of serious harm to human health,
- shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by restriction of liberty for a term of up to three years, or by imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities. activities for a period of up to three years or without it.
2. The same act, which through negligence resulted in the death of a person,
- is punishable by restriction of freedom for a term of up to five years or imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. The act provided for in the first part of this article, resulting in the death of two or more persons through negligence,
- is punishable by imprisonment for a term of up to seven years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Responsibility for crimes related to the use of explosive materials
In accordance with Art. Art. 218, 222, 226 of the Criminal Code of the Russian Federation:
Violation of accounting and storage rules. transportation and use of explosives, flammable substances and pyrotechnic products is punishable by restriction of freedom for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine of up to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months or without it.
- are punishable by imprisonment for a term of five to eight years.
Illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, ammunition, explosives or explosive devices
- punishable by restriction of freedom for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to four years, with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or without such.
2. The same acts committed by a group of persons by prior conspiracy,
- are punishable by imprisonment for a term of two to six years.
3. Acts provided for in parts one or two of this article, committed by an organized group,
- are punishable by imprisonment for a term of five to eight years.
Theft or extortion of firearms, their components, ammunition, explosives or explosive devices
1. Theft or extortion of firearms, their components, ammunition, explosives or explosive devices
- are punishable by imprisonment for a term of three to seven years.
3. Acts provided for in parts one or two of this article, if they are committed:
a) by a group of persons by prior conspiracy;
b) has become invalid. - Federal Law of December 8, 2003 No. 162-FZ;
c) by a person using his official position;
d) using violence that is not dangerous to life or health, or with the threat of using such violence,
- shall be punishable by imprisonment for a term of five to twelve years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it.
4. Acts provided for in parts one, two or three of this article, if they are committed:
a) an organized group;
b) with the use of violence dangerous to life or health, or with the threat of such violence,
- shall be punishable by imprisonment for a term of eight to fifteen years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it.
Tags: Responsibility for violations of labor law requirements, labor protection, industrial safety, articles and lectures on labor protection
Russian legislation provides workers with certain guarantees, including the right to safety at work - and that is why liability for violation of labor protection can be very serious for any of the parties to the relationship. In this case, it is assumed that various types of liability will be applied for violation of labor protection requirements and rules, depending on a number of factors, which must also be taken into account when implementing labor relations.
Responsibility for violation of labor protection - regulatory framework and legislative regulation
The fundamental principles of the protection of human rights in Russia, including in the labor sphere, are ensured by the provisions of the Constitution of the Russian Federation. Thus, the provisions of its following articles are directly devoted to the issues of ensuring workers’ rights:
- Article 7. It establishes the protection of human labor and the provision of all necessary social guarantees related to work activities.
- Article 37. Its provisions establish fundamental rights related to work, which include the fundamental right to work in safe conditions.
However, the Constitution only consolidates the fundamental foundation of human rights in matters of labor guarantees, and does not provide direct legal regulation and clear mechanisms for introducing methods for protecting workers’ rights to safety and liability for violation of labor protection requirements. Thus, the parties to the labor relationship should familiarize themselves with the provisions of the following parts of the Labor Code of the Russian Federation:
- Art. 21 regulates the direct responsibilities and rights of workers, including the right to safety and the obligation to strictly comply with the requirements established by law.
- Art. 22 establishes for the employer his main obligations and rights, which include the requirement to comply with legislative standards in the field of labor safety.
- Art. 76. Its principles establish the possible liability of the worker and the obligation of the employer to remove employees from work if the latter have not undergone mandatory training on labor protection.
- Section X. The chapters and articles of the Labor Code of the Russian Federation included in it are entirely devoted to issues of labor protection and its practical implementation in the process of labor relations.
In addition, labor protection is also regulated by separate federal laws:
- Federal Law No. 10 dated January 12, 1996. This law regulates the activities of trade unions and their actual rights and obligations in matters of labor protection and bringing those responsible for its violation to justice.
- Federal Law No. 125 dated July 24, 1998. This law establishes that employees have certain guarantees and rights to receive compensation in the event of a violation of labor safety rules by the employer, for which he is held accountable.
Who is liable for violating labor safety rules?
Violation of labor safety rules entails liability for individuals. At the same time, all parties to the labor relationship may be involved, depending on the circumstances of the violation. That is, sanctions can be imposed on the following persons:
A worker can be held accountable not only for a violation that actually entailed any consequences. He may be punished for general non-compliance with labor safety standards at the enterprise, incorrect use of protective equipment, and refusal to undergo training and medical examinations.
In addition to the division of responsibility according to the entity that will be involved in it, the direct types of responsibility for violation of labor protection requirements should also be divided. Thus, depending on the circumstances, the following types of liability may be applied to the violator:
- . Only direct employees, and not the employer, can be held liable for such liability. This responsibility is fully regulated by the provisions and principles of the Labor Code of the Russian Federation.
- Administrative. This responsibility is imposed solely on the employer - both an individual and a legal entity, if they violated the rules for ensuring labor safety, and this violation cannot be attributed to a criminal offense. At the same time, legal justification in such a situation is provided by the provisions of the Code of Administrative Offenses of the Russian Federation.
- Criminal. Individual cases of violation of established legislative requirements in the field of occupational safety may be classified as a crime. Only individuals - workers, as well as officials - can be involved in it. Legal regulation in this case is provided by the standards of the Criminal Code of the Russian Federation.
- This liability applies in situations where one of the parties to the labor relationship has suffered material damage as a result of a violation. The guilty party is obliged to provide compensation for such damage in accordance with the requirements of the law. Such liability is regulated by the provisions of the Labor Code of the Russian Federation and any party to the relationship can be involved in it.
Given such a wide variety of possible liability for violation of labor protection rules, it is necessary to consider the cases of its occurrence, as well as the sanctions provided for by law in more detail.
Disciplinary liability for violation of labor safety rules
Legal regulation of disciplinary liability and the consequences of bringing employees to it is ensured by the provisions of Article Art. 192 of the Labor Code of the Russian Federation and other standards of this document. The employer is obliged to prove that the employee committed a violation, as well as provide him with the opportunity to explain his actions. Disciplinary liability may be as follows:
- Imposing a reprimand or reprimand.
- Dismissal of an employee.
At the same time, internal regulations may provide for a special procedure for imposing and removing disciplinary sanctions from workers. In addition, the presence of disciplinary sanctions may be a valid basis for depriving an employee of a bonus. At the same time, fining an employee by taking away part of his salary or mandatory payments is illegal.
In some cases, some government departments may provide not only the above types of disciplinary sanctions, but also have separate options for influencing employees. Most often this concerns law enforcement agencies. Thus, the Ministry of Internal Affairs also provides for disciplinary sanctions such as severe reprimand, demotion and other methods of influencing employees.
In addition, it should be remembered that if a violation of labor safety rules by an employee resulted in failure to undergo training or refusal to undergo mandatory training, then he should be removed from work. In this case, the employer is obliged to do this in any case - removal is a mandatory procedure, in contrast to which the employer is not obliged to apply to an employee. Suspension from work in itself is not a direct way to hold the employee accountable, but carries with it negative consequences for the worker, since during the suspension he is deprived of wages.
Administrative liability for violation of labor protection rules
The principles of application of administrative liability in the field of labor legislation are quite simple. In particular, violation of labor protection requirements is considered separately - the provisions of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation are devoted to the legal regulation of this issue. The extent of liability depends on the specific offense and its circumstances and provides for:
- Failure to comply with the requirements for a special assessment of working conditions implies holding the employer liable in the form of a fine of 5 to 10 thousand rubles for individual entrepreneurs and officials, and from 60 to 80 thousand rubles for legal entities.
- Failure to suspend an employee if he fails to undergo a medical examination or mandatory instruction on labor protection and the admission of such an employee to work is punishable by a fine of 15 to 25 thousand rubles for officials and individual entrepreneurs, and from 110 to 130 thousand rubles for legal entities.
- Failure to provide employees with the necessary personal protective equipment in the manner prescribed by law entails a fine of 20 to 30 thousand rubles for individual entrepreneurs and officials and from 130 to 150 thousand rubles for legal entities.
- A warning or fine from 2 to 5 thousand rubles for officials and individual entrepreneurs and from 50 to 80 thousand rubles for legal entities, in other cases.
Repeated commission of one of the above offenses within a year entails disqualification of officials for a period of 1 to 3 years or a fine of 30 to 40 thousand rubles. For individual entrepreneurs, the punishment may include up to 90 days of suspension of activities or a similar fine. Legal entities are required to pay a fine of 100 to 200 thousand rubles, or they may also be subject to suspension of activities for a period of 90 days.
Criminal liability for violation of labor safety rules
In some cases, criminal liability may be provided for violation of labor safety rules. It is imposed exclusively on the guilty individuals - the employer, as a business entity, in this case is not involved in it. Legal regulation of this issue is provided primarily by the provisions of Article 143 of the Criminal Code of the Russian Federation. It provides for the imposition of the following penalties in certain situations:
- If a violation of labor protection rules has resulted in the infliction of serious harm to a person’s health, then the person guilty of this violation may be sent to correctional labor for up to two years, compulsory work for a period of 180 to 240 hours, forced labor for a period of up to a year, or imprisonment for for a period of up to one year with deprivation of the right to occupy relevant positions for a similar period. Also, one of the possible penalties may be a fine of 400 to 800 thousand rubles or 18 months’ salary.
- In the case where the consequence of the violation was the death of a person, the punishment will be imprisonment for up to 4 years with or without restriction of the right to occupy certain positions for three years, or up to 4 years of forced labor.
- If two or more people die as a result of violation of labor protection requirements, liability expands to 5 years of forced labor or 5 years of imprisonment with or without restriction of the right to occupy certain positions.
In addition to the above standards, the Criminal Code of the Russian Federation may also provide for separate penalties for violation of labor protection requirements at sensitive facilities - nuclear power plants, strategic enterprises and other similar places.
Occupational safety is a set of safety rules at an enterprise. Occupational safety and health is an essential element of labor activity in any organization. Russian legislation regulates liability for violation of labor protection. Punishment is divided into four types: disciplinary, administrative, material and criminal. Types of liability for violation of labor protection, as well as their characteristics will be provided below.
Labor discipline and types of penalties
Before starting the story about what types of liability for violation of labor protection requirements are in the law, it is worth paying attention to the concept of “labor discipline”. According to the Russian Labor Code, labor discipline refers to the obligatory subordination of workers to established rules of behavior at a particular enterprise. Rules of conduct are enshrined in the Labor Code, collective agreement, as well as in any local regulations.
The concept of “labor discipline” includes labor regulations, features of hiring and dismissal at the enterprise, working hours, rest and many other rules. If an employee violates established standards, employers have the right to take disciplinary action - in other words, punishment. The punishment must be legal, in accordance with the Labor Code of the Russian Federation. Thus, the legislation provides for the following main types of punishment:
- single comment;
- reprimand to the employee;
- dismissal from work.
All three types of punishment presented are included in disciplinary liability for violation of labor protection. It’s worth talking about the dismissal in a little more detail.
Dismissal as a disciplinary sanction
Article 81 of the Russian Labor Code establishes the procedure for terminating an employer’s contract with an employee on the initiative of the head of the organization. In particular, the article indicates the main reasons that lead to dismissal. Here it is necessary to highlight:
The conclusion here can be drawn as follows: failure to comply with safety rules is a fairly serious reason for dismissing an employee. However, there must be serious reasons for this; So, if an employee violated the rules, but this did not entail serious consequences, then the management does not have the right to fire the employee. All that remains for the employer to do is to hold the employee responsible for violating labor protection in the form of a reprimand or reprimand.
It is worth noting that in the case of violations of safety rules, disciplinary sanctions are not applied very often. Much more common are material or administrative penalties. Nevertheless, it is still worth noting some more details related to disciplinary action.
Imposition and removal of disciplinary penalties
Article 193 of the Russian Labor Code states that the employer is obliged to demand from the employee a written explanation of what happened. Thus, an employee can write a letter to his manager in which he indicates the reasons for the problematic situation, talks about his guilt or innocence, asks not to apply penalties, etc. However, the employee is not required to draw up such a statement. However, this will most likely entail negative consequences. The employee will be held responsible for violating labor protection without any investigation.
Disciplinary sanctions must be applied no later than one month after the commission of the offense. The employer issues an order with information that a particular employee is held responsible for violating labor protection requirements.
Is it possible to somehow challenge the decision of the authorities in order to remove the imposed penalty? There are several ways to do this. The first is a regular appeal of the employer’s decision to the state labor inspectorate. The second method is prescribed in Article 194 of the Russian Labor Code, which states that one year of work in an organization without penalties automatically removes the previously assigned responsibility, after which the employee’s history remains “clean”. The third method is the most banal, but at the same time the most effective. You just need to ask the employer to remove responsibility for violating labor protection requirements. To do this, you can ask for a petition from a representative body, immediate supervisor, etc.
What is material liability?
Financial liability for violation of labor safety rules - what is it? The Russian Labor Code, in particular its articles 232 and 233, states that causing damage to an organization due to ignoring safety requirements entails the imposition of financial punishment on the perpetrator. At the same time, the dismissal of an employee, if any, will not relieve the person from the obligation to pay for the damage caused. 
A worker can be held financially liable only if the following circumstances are present:
- the employee is an adult (with some exceptions);
- the employer has suffered obvious damage;
- the employee acted illegally or showed inaction, and his guilt in causing the damage has been proven.
At the same time, minor workers may still be held financially liable for violating labor protection legislation - but only if they caused damage while intoxicated.
What is meant by actual material damage? This is always a real deterioration of working property, a decrease in the enterprise’s budget, etc. Material liability for violation of labor safety rules can be excluded only in the event of force majeure, natural disasters or accidents, economic risks or simply extreme necessity.
The employee always bears financial punishment within the limits of his own monthly earnings. Requesting written explanations from the employee is mandatory here. Financial recovery can also be carried out in court - but only if the worker does not agree to voluntary compensation for damage.
On the full financial responsibility of the working person
Articles 242 and 243 of the Russian Labor Code state the employee’s obligation to compensate for material damage in full. Thus, the law establishes certain types of cases when an employee of a particular organization is obliged to bear full responsibility for his actions. In particular, the following points are worth highlighting:
- in accordance with the Russian Labor Code, full liability of an employee for violation of labor protection requirements occurs in cases where the employer suffered significant damage in the performance of work duties;
- there is a fact of theft of some material assets assigned to the employee under a special agreement;
- damage was caused while intoxicated of any type;
- material damage was caused during criminal actions, or during the commission of an administrative offense;
- there is a fact of disclosure of state or commercial secrets;
- the damage was caused as a result of inaction.
Separately, it is worth noting the existence of the so-called collective or brigade liability of a material type - when not one person, but the entire team is obliged to pay for the damage caused. Responsibility of this kind is established at some enterprises in accordance with local regulations.
Administrative penalties
What is an administrative penalty? This is any offense or illegal act listed in the Code of Administrative Offences. Administrative liability for violation of labor protection is prescribed in Article 5.27.1 of the presented law. We are talking about violations of labor protection requirements enshrined in the laws of the Russian Federation. The following cases of violations are worth noting:
From all of the above, we can conclude that administrative penalties much more often affect employers rather than employees. Decisions on imposing fines are made by special inspectors or employees of government oversight bodies. If an administrative offense was committed by a simple worker, then the initiator of the case regarding an administrative offense will be the employer.
Protocol on administrative offense
When an administrative offense is committed, a protocol is drawn up against the guilty person. This is a special document that indicates the place and date of drawing up the protocol, information about the violator, his place of residence, the violated article of the Code of Administrative Offenses and other data. Individuals have every right to familiarize themselves with the protocol and comment on its content. The guilty citizen may refuse to sign the document. 
- warning (official censure of a legal or natural person, made in writing);
- seizure of the subject of the offense;
- administrative fine (in proportion to the minimum wage);
- deprivation of a special right of an individual;
- disqualification (deprivation of the opportunity to occupy senior positions);
- administrative arrest;
- administrative suspension of work activities.
Consequently, the administrative responsibility of an employee for violation of labor protection includes a fairly large number of punishments.
Criminal liability
For failure to comply with labor safety rules, an employee may be subject to disciplinary or financial, and sometimes administrative liability; but very rarely does an employee commit something that falls under an article of the Criminal Code of the Russian Federation. You really need to try hard for this. What is criminal liability for violation of labor protection at an enterprise? What types of punishments are worth highlighting here? More on this later. 
According to Article 44 of the Russian Criminal Code, the following types of punishment are distinguished:
- compulsory work;
- the freedom of the citizen is limited;
- the citizen is deprived of his freedom;
- the citizen is deprived of the right to carry out professional activities.
An employee faces criminal liability for violation of labor protection requirements in the following cases:
- someone gets seriously injured;
- someone received a life-threatening injury.
For the death of one person due to negligence, the law provides for the following types of punishment:
- forced labor for up to 4 years;
- imprisonment of a citizen for up to 4 years.
For the death of two or more people due to negligence:
- forced labor for up to 5 years;
- imprisonment for up to 5 years and deprivation of the opportunity to engage in professional activities for up to 3 years.
Thus, if a violation of safety rules resulted in serious injuries to employees, or even the death of someone, then a criminal case will be immediately initiated against the guilty citizen.
Violations at construction and mining sites
One of the most common places where labor safety requirements are most often violated is construction and mining sites. Art. 216 of the Criminal Code of the Russian Federation regulates such situations. What liability for violation of labor protection at construction and mining sites is established by Russian legislation? The Criminal Code provides guidance on the following situations:
Separately, it is worth pointing out the concept of “major damage”. According to current legislation, damage is called major only if its amount exceeds half a million rubles.
Thus, violations of safety rules at construction and mining sites are regulated separately. The same applies to explosive and fire hazardous enterprises. What can be highlighted here?
Violation of safety at fire hazardous facilities
The liability of officials for violation of labor protection at explosive and fire-hazardous facilities is regulated by Articles 217 and 219 of the Russian Criminal Code. In accordance with the law, the following types of situations are distinguished:
Articles 218 and 226 of the Criminal Code of the Russian Federation establish punishment of up to three years of restriction of freedom for violation of the storage, transportation, use and accounting of explosives and flammable substances. Illegal acquisition, transportation or sale of such substances entails imprisonment of a citizen for up to four years. If we are talking about the theft of explosive or flammable substances, then the punishment will be up to eight years in prison.
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