The lawyer spoke about the consequences of a fight in the workplace
A conflict involving the use of force at work can lead not only to disciplinary measures, but also to administrative or criminal liability. Ilya Vasilchuk, a judicial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, told Izvestia on April 22.
"A fight in the workplace is a serious violation of labor discipline, which can have legal consequences for both employees and the employer. 192 of the Labor Code of the Russian Federation, the employer has the right to apply disciplinary penalties to the parties to the conflict — from remarks to dismissal. However, such measures should be justified: a ban on such actions should be fixed in local acts or employment contracts. Otherwise, the court may declare the punishment illegal," the expert noted.
Vasilchuk clarified that there is no separate reason for dismissal for a fight in the legislation. However, if there is a previously imposed penalty, an employee may be fired for repeated failure to perform their work duties. In some cases, dismissal for immoral conduct is also possible, but it does not apply to all categories of employees.
The expert added that if damage was caused to the employer's property during the conflict, the perpetrators are obliged to compensate it. In addition, if an injury occurs, the incident may be recognized as an industrial accident, which will require an investigation.
"Qualifications depend on circumstances. If the victim's actions are not related to the performance of work duties, the case may be recognized as unrelated to production," he explained.
At the same time, responsibility may also arise for the employer. If it is established that the incident occurred due to violations of labor protection requirements, the company faces fines, and in some cases, suspension of operations or the obligation to compensate the victims.
In addition to the labor consequences, the participants in the fight may be held administratively or criminally liable. For example, administrative liability is provided for causing minor harm to health, and criminal liability is provided for more serious consequences, depending on the degree of harm caused.
The expert stressed that such situations require careful legal analysis, since the consequences depend on the specific circumstances and actions of all parties to the conflict.
On April 2, Vasilchuk said that stealing food from a shared refrigerator at work could result in administrative or criminal liability, depending on the value of the stolen item. According to him, such actions qualify as embezzlement — the unlawful seizure of someone else's property causing damage to the owner.
Переведено сервисом «Яндекс Переводчик»