Disputed issues of invalidity of an order (order) on bringing an employee to disciplinary responsibility

Abstract

In this article, the scientific community is invited to discuss the concept of invalidity of an order to bring an employee to disciplinary responsibility, the types of invalid orders, depending on the violations of the law and the rights of employees, and proposals for amendments to labor legislation arising from the problems set out in the article. In particular, the author believes that despite the connection with a violation of the law in one form or another, the illegality of an order to bring an employee to disciplinary responsibility in law enforcement practice should be generally defined as its invalidity. Disciplinary liability of employees has almost completely exhausted its potential as a public-legal or public-significant punishment and is now more inclined to forms (methods) of protecting the rights of the employer. Orders on bringing an employee to disciplinary responsibility should be linked to the substance of the violations described in them and, depending on this typology, differentiated by legal consequences and terms for challenging in court (administrative supervision body). The differentiation described in this publication is based on an analogy with civil law, and includes invalidity due to a defect in form and content. Violations committed by the employer when applying disciplinary measures to an employee are proposed to be qualified by the consequences of their reflection in the order on bringing the employee to disciplinary responsibility, similar to void and disputed transactions.

Keywords:

labor discipline, invalidity of a disciplinary sanction, challenging a disciplinary sanction