Disciplinary misconduct as a basis for bringing an employee to disciplinary responsibility

Abstract

The article deals with the problem on legal regulation of disciplinary responsibility and it’s cause in particular — disciplinary malefaction. Disciplinary malefaction as a basis for bringing an employee to disciplinary responsibility is one of the type of offenses so it has the most common features of offenses. But at the same time, it contains some distinctions. For instance, wrongfulness of an employee is determined along with the law and by local regulations. At the same time failure to comply with the employer's requirement is not always an offense. It is necessary to evaluate the order of the employer for compliance with the norms of the law. A subjective side of the offense should be considered. In addition to guilt, the motive for non-performance or improper performance of labor duties is of particular importance. Thereupon respectful reasons for non-performance are of particular importance. In conclusion, attention is drawn to the absence of the category of “insignificance” in the labor legislation and the need to enshrine it in the labour code.