Labor law of the Russian Federation. Cheat sheet: briefly, the most important

Free technical library

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Labor law of the Russian Federation. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents

The concept and subject of labor law
The method of labor law, its features, the system of labor law
Tasks of labor legislation and functions of labor law
Principles of labor law and their implementation
Correlation of labor law with other branches of law
Prohibition of forced labor
System of sources of labor law
The role of the constitutional court of the Russian Federation and the Supreme Court of the Russian Federation
The concept and types of subjects of labor law
Citizens as subjects of labor law
Employers as subjects of labor law
The concept of trade unions, the right to unionize
Social partnership (concept, principles, forms)
Collective agreement: content and functions
Agreements. Types of agreements
The concept and types of employment
State guarantees in the field of employment
Legal status of the unemployed
The concept of suitable work
Unemployment benefits
Employment contract: concept and content
Parties to the employment contract
Fixed-term employment contract
Hiring test
Changing the employment contract
Employment history
Transfer to another job and relocation
Suspension from work
Termination of the employment contract at the initiative of the employee (at his own request)
Termination of the employment contract at the initiative of the employer
Termination of an employment contract in cases of liquidation of an organization, termination of activity by an employer - an individual, reduction in the number or staff of employees of an organization
Termination of the employment contract in case of non-compliance of the employee with the position held or work performed and in the event of repeated failure by the employee to fulfill labor duties
Termination of the employment contract in the event of a single gross violation by the employee of labor duties
Termination of an employment contract due to circumstances beyond the control of the parties
Termination of an employment contract due to violation of the rules for concluding an employment contract
Registration of dismissal of an employee and payment of severance pay
Legal Consequences of Wrongful Dismissal
The concept and types of working time
Mode and accounting of working time
Work outside normal working hours
The concept and types of rest time
Vacations: concept and types
The procedure for granting annual paid leave
Leave without pay
The concept, signs and guarantees of remuneration of employees
The minimum wage in the Russian Federation
Procedure, terms and place of payment of wages
Tariff wage systems
Calculation of the average wage
Remuneration of labor in case of deviation from normal working conditions
Payroll deductions
Employee bonuses. incentive payments
The concept of guarantees and compensations, their types
Guarantees when sending employees on business trips and moving to work in another area
Guarantees and compensations for employees who combine work with training
Labor discipline and internal labor regulations
Incentive measures for work
Disciplinary responsibility: concept, types
Rules for the application of disciplinary sanctions
The concept of labor protection. The right of the employee to labor protection
Organization of labor protection
State examination of working conditions
Investigation and accounting of industrial accidents
Liability: the concept and conditions for its occurrence
Cases and rules for the application of full material liability of employees
Determination of the amount of damage caused by the employee
The procedure for recovering damage caused by an employee
Liability of the employer to the employee
Legal regulation of professional training, retraining and advanced training of employees
student agreement
Legal regulation of the labor of women and persons with family responsibilities
Legal regulation of labor of minors
Legal regulation of labor of persons working part-time
Legal regulation of labor of temporary and seasonal workers
Legal regulation of labor of persons working on a rotational basis
Legal regulation of labor of persons working in the regions of the Far North and equivalent areas
Legal regulation of the work of teachers
Protection of labor rights and freedoms
State supervision and control over compliance with labor legislation
Federal Labor Inspectorate (principles of activity, main tasks, main powers)
Inspection of employers (inspection procedure, rights and obligations of state labor inspectors)
The concept and types of labor disputes
individual labor disputes. Review bodies
Collective labor disputes: types, general rules for resolution
Strike concept, right to strike
Cases where a strike is declared illegal. Guarantees in connection with the strike
International legal regulation of labor. Sources of international legal regulation of labor

1. CONCEPT AND SUBJECT OF LABOR LAW

Branch of labor law - a set of legal norms aimed at regulating relations that arise in the course of the labor activity of employees with functional duties determined by the employer, the implementation of which is ensured by special methods that are part of the method of this industry.

The definition of the branch of labor law should indicate the features of the subject and method of this branch of legislation. The subject of any branch of law is the relationship, the regulation of which is directed by legal norms.

Relations, which are intended to be regulated by labor law, have their own characteristics:

1) the emergence of these relations when a person performs work in the interests of another person. In this connection, one of the legally significant circumstances that make it possible to include relations arising in the labor process in the subject of labor law is the participation of two or more subjects in them;

2) the emergence of these relations in the process and in connection with the labor activity of employees with certain functional responsibilities;

3) lack of equality between the participants in relations included in the subject of labor law.

Subject of the branch of labor law represents those relations that regulate the norms of this industry. The following relations are fixed in the Labor Code.

1. Relations on the organization of labor and labor management.

2. Employment relationship with this employer.

3. Relations on vocational training, retraining and advanced training of employees directly from this employer.

4. Relations on social partnership, collective bargaining, conclusion of collective agreements and agreements.

5. Relations on the participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law.

6. Relations on the liability of employers and employees in the labor sphere.

7. Relations on supervision and control (including trade union control) over the observance of labor legislation, including legislation on labor protection.

8. Relations to resolve individual and collective labor disputes.

9. Labor relations in the narrow sense.

In Art. 1 of the Labor Code of the Russian Federation provides a non-exhaustive list of relations that constitute the subject of labor law. It does not directly indicate labor relations, which are mentioned in the second chapter of the first section of the Labor Code of the Russian Federation (Labor Code of the Russian Federation). Also, the norms of labor law can be applied by analogy to other relations.

2. LABOR LAW METHOD, ITS FEATURES, LABOR LAW SYSTEM

method a method of legal regulation specific to a given branch of law is called, i.e., influencing through the norms of law on the will of people, their behavior in the direction necessary for the state, society, workers and employers in order to obtain the best result. The method of labor law consists of methods of legal regulation of labor.

1. A combination of centralized and local, regulatory and contractual regulation.

2. Equality of the parties to labor relations with subordination in the labor process to the rules of the internal labor regulations of this organization.

3. The participation of workers through their representatives or trade unions in the legal regulation of labor, i.e., in the establishment and application of labor legislation, monitoring their observance, and protecting labor rights.

4. A specific way to protect labor rights: state supervision and control over compliance with labor laws; protection of labor rights of workers by trade unions; self-protection by employees of labor rights.

5. Unity and differentiation of legal regulation of labor.

The method of labor law is changing in accordance with modern requirements. Labor legislation contains three groups of norms: mandatory (they cannot be changed by contractual regulation); dispositive (provide the subjects of labor relations with the opportunity to regulate their behavior at their discretion); advisory (in which the legislator proposes to resolve any issue by contract). In the legal regulation of labor, recommendatory, dispositive norms are expanding and imperative norms are narrowing.

Labor law system - this is a set of legal norms grouped into institutions depending on the specifics of social relations that make up the subject of this industry. The entire system of the branch of labor law is divided into two parts: General and Special.

The General Part includes norms that apply to all social relations, which define the principles and tasks of legal regulation, the basic labor rights and obligations of employees, the delimitation of powers between federal state authorities and state authorities of the constituent entities of the Russian Federation.

A special part of the industry is lined up by institutions. The modern system of labor law in Russia includes the following institutions:

a) employment;

b) an employment contract;

c) working time, rest time;

d) wages; guarantee, compensation payments;

e) labor discipline;

f) material liability of the parties to the employment contract;

g) labor protection.

3. OBJECTIVES OF LABOR LEGISLATION AND FUNCTIONS OF LABOR LAW

Tasks of labor legislation are: promoting the growth of labor productivity, reducing the cost of products, services, works; protection and protection of the rights of employers and employees.

The task in the form of an employer's duty is to improve the quality of the workforce. The task in the form of the obligation of the state is to provide the market with the labor force necessary for employers - owners of the labor force.

The task of the Labor Code of the Russian Federation is the formation of a socially responsible policy of the organization, consisting of:

- continuous improvement of the quality of the workforce;

- ensuring the stability of labor relations;

- establishing a minimum wage;

- ensuring safe working conditions;

- motivation of the work of employees, primarily through the abolition of the maximum wage;

- increasing investment in labor in an amount sufficient to ensure the competitiveness of the organization;

- effective organization of labor;

- maximum compliance of the employee with the requirements of the workplace;

- overcoming the narrow professionalism of employees.

Functions of labor law

- the main directions of the legal impact of norms on relations that make up the subject of this branch of law: regulatory, social, harmonization of interests, educational, protective.

The main function of labor law is regulatory, which consists in ensuring the implementation of labor law norms in the relations they are aimed at regulating.

Social function - emphasizes the priority of the rights and freedoms of man and citizen in the process of labor activity. Coordination of the interests of employees and employers, the state, while observing the existing level of labor rights of employees.

educational function - carrying out activities aimed at preventing and eliminating violations of human and civil rights and freedoms by employers in the sphere of labor. The educational function is also implemented in the activities of the employer's representatives to prevent and eliminate offenses committed in the performance of labor duties by employees.

Protective function - the duty of state bodies to ensure that all employers respect the rights and freedoms of man and citizen in the sphere of labor.

In order to protect the rights and interests of workers and employers, appropriate representative bodies and organizations may be created. This list of functions of labor law cannot be considered exhaustive. In the course of application, labor law norms can perform other functions.

4. PRINCIPLES OF LABOR LAW AND THEIR IMPLEMENTATION

Legal principles - the fundamental and guiding principles of legal regulation, fixed in the current legislation, determining the meaning, content and application of law. Sectoral principles of labor law are the fundamental and guiding principles enshrined in the norms of the general part, reflecting the meaning, content and application of labor law norms.

The following principles are enshrined in the Labor Code of the Russian Federation:

1) freedom of labor;

2) prohibition of forced labor and discrimination in the sphere of labor;

3) unemployment protection and employment assistance;

4) ensuring the right of every employee to fair working conditions;

5) equality of rights and opportunities for employees;

6) ensuring the right of each employee to timely and full payment of fair wages;

7) ensuring equal opportunities for employees without any discrimination for promotion;

8) ensuring the right of employees and employers to associate to protect their rights and interests;

9) ensuring the right of employees to participate in the management of the organization in the forms provided for by law;

1 0) a combination of state and contractual regulation of labor relations and other relations directly related to them;

11) social partnership;

12) the obligation to compensate for harm caused to the employee in connection with the performance of his labor duties;

13) the establishment of state guarantees to ensure the rights of workers and employers, the implementation of state supervision and control over their observance;

14) ensuring the right of everyone to protection by the state of his labor rights and freedoms, including judicial protection;

15) ensuring the right to resolve individual and collective labor disputes;

16) the obligation of the parties to the employment contract to comply with the terms of the concluded contract;

17) ensuring the right of representatives of trade unions to exercise trade union control over compliance with labor laws;

18) ensuring the right of employees to protect their dignity during the period of employment;

19) ensuring the right to compulsory social insurance of employees.

Norms-principles should be used when making any law enforcement decision. Based on them, specific rights and obligations arise. Moreover, other norms are subject to application in the part that does not contradict the norms-principles.

5. CORRELATION OF LABOR LAW WITH OTHER BRANCHES OF LAW

Labor law is an independent branch of Russian law, closely interacting with other branches, such as constitutional, civil, administrative, social security law, etc.

Correlation of labor law with constitutional law - constitutional law is fundamental for labor law. It establishes the right to work, to rest, establishes that labor is free, etc. The norms of labor law should not contradict the norms of the Constitution. However, constitutional norms find their concretization in labor law norms.

Labor relations are closely adjacent to civil relations, since both types of relations arise by virtue of contractual agreements between the parties and are of a compensatory nature. However, they differ in the subject of the contract: the subject of the employment contract is the process of the worker's work in accordance with the labor function and obedience to the rules of internal labor regulations. The subject of civil relations is the material result of labor.

Related area of regulation of relations labor law and administrative law - activities of state and other employees. In the course of their activities, they perform organizing functions or ensure their implementation. Therefore, the activity of an employee is regulated by administrative law. The relations of an employee with a body (manager, accounting department, etc.) regarding his work (rationing, payment, etc.) do not belong to management and are therefore regulated by labor law norms.

Labor law is also related to social security law. The right to social security is the right to ensure old age, to social support for families with children. If labor law regulates relations arising from labor and remuneration for work from the funds of specific organizations, then social security law regulates relations that develop, for example, about the material support of the disabled at the expense of extrabudgetary funds. The object of labor relations is the labor process itself, the object of social security relations is pensions, benefits, benefits, compensations, etc. They also differ in the methods of legal regulation.

The method of social security law is not characterized by a contractual procedure for the emergence of legal relations and a combination of centralized and local regulation of relations. The types of social security and the amount of pensions and benefits cannot be changed and specified by agreement of the parties, since social security is carried out only on the basis of legislation and is changed in accordance with the law.

6. PROHIBITION OF FORCED LABOR

Forced labor is prohibited in Part 2 of Art. 37 of the Constitution of the Russian Federation, ILO Convention No. 29 on forced or compulsory labor, ILO Convention No. 105 on the abolition of forced labor, as well as in Art. 4 of the Labor Code of the Russian Federation. Forced labor - work under the threat of any punishment (violent influence).

Signs of forced labor - the absence of a voluntary offer by a person of services for the performance of work or service; - the presence of punishment for refusing to perform such work.

In part 3 of Art. 4 of the Labor Code of the Russian Federation lists additional forms of forced labor compared to international acts. Forced labor includes:

1) violation of the terms of payment of wages or payment of wages not in full;

2) the requirement by the employer to fulfill labor duties from the employee, if the employee is not provided with collective or individual protective equipment, or if the work threatens the life or health of the employee. In paragraph 2 of Art. 2 of the ILO Convention No. 29 on forced or compulsory labor, part 3 of Art. 4 of the Labor Code of the Russian Federation, a list of works is given that cannot be classified as forced labor even if the considered legally significant circumstances are proven. Such works include: work, the performance of which is conditioned by the legislation on military duty and military service or alternative civilian service replacing it, work, the performance of which is conditioned by the introduction of a state of emergency or martial law in the manner prescribed by federal constitutional laws, work performed in emergency circumstances , i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or part of it, the work performed as a result of entering into legal the force of a court sentence under the supervision of state bodies responsible for compliance with the law in the execution of court sentences.

This list of works in international acts and for Russian legislation is exhaustive. An indication in it of other circumstances requires proof of the creation as a result of their action of a threat to the life or normal living conditions of the entire population or part of it. In part 2 of Art. 142 of the Labor Code of the Russian Federation lists the time periods during which work cannot be suspended in case of non-payment of wages, bodies and organizations in which such suspension is prohibited, as well as employees deprived of the right to use this remedy.

7. SYSTEM OF SOURCES OF LABOR LAW

Sources of labor law refers to the results of law-making activities of the competent authorities in the field of regulation of labor and other directly related relations that are the subject of this branch of law. The whole complex of sources of labor law is defined as labor legislation. An integral part of the system of sources of labor law in Russia are local regulations containing labor law norms.

In Art. 5 of the Labor Code of the Russian Federation lists the types of regulatory legal acts containing labor law norms. The Code builds a hierarchical system of labor legislation and other normative legal acts containing labor law norms:

1) Labor Code of the Russian Federation;

2) federal laws and laws of the constituent entities of the Federation containing labor law norms;

3) decrees of the President of the Russian Federation;

4) resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies;

5) normative legal acts of the executive authorities of the constituent entities of the Russian Federation;

6) acts of local governments.

In case of contradictions between the Labor Code of the Russian Federation and other federal laws containing labor law norms, the Labor Code of the Russian Federation is applied (Article 5 of the Labor Code of the Russian Federation).

In terms of its legal force in the field of regulation of labor relations, the Labor Code of the Russian Federation is equated with federal laws.

The source system has its own characteristics.

1. The system consists of general and special legislation.

2. The system is divided into laws and regulations.

3. The system of sources includes regulatory legal acts adopted by federal government bodies and acts of the constituent entities of the Russian Federation

4. The presence in the system of sources of departmental acts, including: acts of the Ministry of Health and Social Development of the Russian Federation.

5. Availability of acts of a contractual nature.

6. Employers and employees through their representatives take part in the creation of acts of labor legislation.

7. The operation of the principle of non-deterioration of the position of the employee, i.e. an act of lesser legal force cannot worsen the position of the employee in comparison with a higher act (Articles 5, 6, 8, 9 of the TKRF).

All sources of labor legislation can be divided into laws and by-laws according to their degree of importance and subordination, according to the system of the branch of labor law, the scope, and the bodies that adopt them.

International treaties (principles, norms) are applied as a direct regulator of labor relations, when the norms of national legislation establish a lower level of legal guarantees, social protection

8. ROLE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AND THE SUPREME COURT OF THE RUSSIAN FEDERATION

IN REGULATION OF LABOR RELATIONS

Constitutional Court of the Russian Federation resolves cases on the verification of the constitutionality of normative legal acts of various levels, gives binding interpretations of the Constitution of the Russian Federation.

Separate normative legal acts or their provisions, recognized as unconstitutional, lose their force from the moment the relevant decision is made by the Constitutional Court. Moreover, the body that issued such an act cannot give it legal force by re-adoption. Thus, the Constitutional Court of the Russian Federation, giving binding interpretations of the Constitution of the Russian Federation, actually issues new rules of conduct. The competence of the Constitutional Court of the Russian Federation also includes the recognition of normative legal acts as unconstitutional, which entails the loss of legal force by these acts. These powers allow us to conclude that the Constitutional Court of the Russian Federation performs not only law enforcement, but also law-making functions.

Acts of the Constitutional Court of the Russian Federation after official publication, they become sources of law, as new rules of conduct appear in them. Therefore, these acts are among the sources of labor law.

Acts of the Constitutional Court of the Russian Federation are designed for repeated application to an indefinite circle of persons, which serves as the basis for their inclusion in the number of sources of labor law.

In this regard, when similar situations arise, the Constitutional Court of the Russian Federation does not issue a new decision, but applies the provisions of the acts issued by it to the relations that have arisen. Consequently, the decisions and rulings of the Constitutional Court of the Russian Federation are normative legal, and not an individual act, entailing only a change, establishment or cancellation of the rights and obligations of specific persons.

Resolutions of the Plenum of the Supreme Court of the Russian Federation also cannot be classified as individual acts, since they are designed for repeated application, they contain rules of conduct binding on an indefinite circle of persons.

However, not only the decisions of the Plenum of the Supreme Court of the Russian Federation meet the criteria of a normative legal act. In ch. 24 of the Code of Civil Procedure of the Russian Federation regulates proceedings in cases of invalidating normative legal acts in whole or in part. The decision by a court of general jurisdiction on the recognition of a normative legal act as invalid means that it has become invalid. Therefore, in the event of similar situations related to the application of a normative legal act canceled by a court of general jurisdiction, a court decision will be applied.

In this decision, as a result of the interpretation of the rules of law, new rules of conduct may appear, which are designed for repeated application to an indefinite circle of persons.

9. CONCEPT AND TYPES OF SUBJECTS OF LABOR LAW

Subjects of labor law - these are participants in labor and other closely related relations that are part of the subject of this industry, which, in accordance with the requirements of the law, are capable of performing actions that give rise to legal consequences.

The subjects of labor law include the employer, employee, trade union. The subjects of labor law can be classified on the basis of the participants in which particular relations that are part of the subject of this industry, they can act.

In relations on the organization of labor and labor management, the subjects are the authorized representatives of the employer, employees and their authorized representatives.

In employment relations, the participants are a citizen looking for a job, a specific employer, employment services and an educational institution that sent a citizen for employment with a specific employer.

In relations on vocational training, retraining and advanced training, the subjects are the employer, the employee undergoing this training, the educational institution that trains personnel for a particular employer.

In social partnership relations, the subjects are authorized representatives of employers and employees, as well as federal and regional state authorities, local governments, commissions for the regulation of social and labor relations.

In relations regarding the participation of employees and trade unions in the establishment of working conditions and the application of labor legislation, the subjects are representatives of the employer and representatives of employees.

In material liability relations, the subjects are the employer, the citizen who is or has been in labor relations with him, as well as the relevant body of the Social Insurance Fund of the Russian Federation.

In relations for the supervision of compliance with labor legislation, the subjects are state control bodies, the employer and his authorized representatives, citizens who are or were in labor relations with the employer.

In relations to resolve individual labor disputes, the subjects are a citizen who was or is in an employment relationship, an employer, a CCC, justices of the peace, a district (city) court, and other courts of general jurisdiction.

In relations for the settlement of collective labor disputes, the subjects are authorized representatives of employees and employers, a conciliation commission, labor arbitration, an intermediary, a service for the settlement of collective labor disputes, as well as a court considering an application for declaring a strike illegal.

10. CITIZENS AS SUBJECTS OF LABOR LAW

Legal personality arises in a person and a citizen from the age of 16, from this age it is allowed to conclude an employment contract. The basic rights and obligations of employees are listed in Art. 21 of the Labor Code of the Russian Federation. The rights and obligations of employees provided for by labor legislation have corresponding character.

The employee has the right to conclude, amend and terminate the employment contract - the employer is obliged to make a legal decision on the application received from the employee, the authorized state bodies are obliged to ensure the lawful behavior of employers.

The employee has the right to receive work stipulated by the employment contract - the obligation of the employer to provide such work.

The employee has the right to receive a workplace that meets state standards of organization and labor safety - the employer is obliged to provide him with it.

The employee has the right to receive wages in accordance with the existing qualifications, the complexity of the work, the quantity and quality of the work performed - the employer is obliged to pay it to him in a timely manner and in full.

The employee has the right to rest - the employer is obliged to establish the length of working time provided for by law, provide weekly days off, non-working holidays, annual paid holidays and holidays without pay.

The employee has the right to information - the representatives of the employer and the supervisory authorities are obliged to comply with labor legislation in bringing to him information about working conditions at the workplace.

The employee has the right to vocational training - the employer and educational institutions are obliged to provide opportunities for vocational training, retraining and advanced training.

Employees have the right to association - representatives of employers, state authorities and local self-government are obliged not to interfere with the creation of trade unions and their activities to protect labor rights.

Employees have the right to participate in the management of the organization - representatives of the employer are obliged to ensure such participation in the forms provided for by law.

Employees have the right to conduct collective bargaining, conclude collective agreements and agreements and fulfill the conditions contained therein.

Employees have the right to protect their rights and legitimate interests in ways not prohibited by law, to conduct individual and collective labor disputes, to indemnify and compensate for moral damage, to compulsory social insurance.

11. EMPLOYERS AS SUBJECTS OF LABOR LAW

Employer - an individual or a legal entity that has entered into an employment relationship with an employee. In cases stipulated by federal laws, another entity entitled to conclude employment contracts may act as an employer.

Legal entities become the subject of labor law from the moment an employment contract is concluded with the first employee. The legal personality of an employer is linked to the hiring of the first employee. Currently, organizations have appeared that perform intermediary services for the registration of labor relations with the employer.

However, in this case, the legal personality of the employer arises from persons in whose interests work is performed on a specific labor function.

The legal status of an employer - an individual is associated with the performance of additional duties. In accordance with Art. 303 of the Labor Code of the Russian Federation, the employer is an individual must:

1) draw up an employment contract with the employee in writing;

2) pay insurance premiums and other obligatory payments in the manner and in the amounts provided for by federal laws;

3) draw up insurance certificates of state pension insurance for persons entering work for the first time.

Persons who have reached the age of 14 can act as an employer - an individual. The lack of legal personality of an individual does not allow him to be recognized as the subject of labor relations. For the emergence of the legal personality of the employer for an individual, more stringent requirements are established than for the emergence of the legal personality of an employee for a person and a citizen. For their actions that violate the labor rights of employees, the employer must bear the responsibility established by law, i.e., have full delinquency.

Persons who have reached the age of 18 or are recognized as emancipated have full tort capacity. The Labor Code of the Russian Federation divides employers - individuals into employers - individual entrepreneurs and employers who are not registered as individual entrepreneurs who use hired labor for personal needs (personal driver, nanny, etc.).

Branches, representative offices, other structural subdivisions of organizations whose heads, in accordance with the legislation and constituent documents, are entitled to hire and dismiss employees, may act as other employers.

For other subjects to have the right of subjectivity of the employer, it is necessary that they exercise the right to conclude an employment contract.

12. THE CONCEPT OF TRADE UNIONS, THE RIGHT TO ASSOCIATE INTO TRADE UNIONS

Trade union - this is a voluntary public association of citizens connected by common industrial professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests.

Membership in a trade union is of an individual nature, and only natural persons can become members of a trade union. To join a trade union, you must have a voluntary expression of will. A trade union is an organization, joining a trade union, a citizen enters into a kind of agreement with him to represent his rights and interests.

The trade union does not always have the status of a legal entity; due to the requirements of the legislation, it is recognized as a public organization representing the rights of a citizen, regardless of whether it has passed a notification registration that allows it to obtain this status. The absence of this registration is not a legal basis for restricting the rights of a trade union to represent the interests of a citizen who has joined a trade union. The scope of the powers of the trade union to represent and protect the rights of its members is determined based on the charter of the trade union. It is this amount of authority that a citizen transfers to a trade union when he voluntarily joins a trade union. Other powers may be transferred by an individual to a trade union in the manner prescribed by law. Special powers, such as filing an application on behalf of a citizen, are formalized by issuing a power of attorney or filing a written application in court. General powers may be transferred on the basis of an oral petition of a citizen.

In accordance with Part 1 of Art. 30 of the Constitution of the Russian Federation, everyone has the right to association, including the right to create trade unions to protect their interests. In Art. 2 of the ILO Convention No. 87 on Freedom of Association and the Protection of the Right to Organize proclaims the right of workers to form trade unions of their choice without prior permission, as well as the right to join a trade union subject to the only condition - compliance with the charter of the trade union. Employers can create their own associations on similar terms to protect their rights and interests.

Part 2 Art. 19 of the Constitution of the Russian Federation, art. 1 of Convention No. 98 on the application of the principles of the right to organize and conduct collective bargaining, article 3 of the Labor Code of the Russian Federation contain a prohibition on derogating the rights and freedoms of a person and a citizen, depending on his membership in a trade union. Restriction of the rights and freedoms of a person and citizen in connection with his membership in a trade union is recognized as discrimination.

13. SOCIAL PARTNERSHIP (CONCEPT, PRINCIPLES, FORMS)

Social partnership in the sphere of labor - a system of relations between employees (representatives of employees), employers (representatives of employers), state authorities, local governments, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them.

Social partnership relations:

a) bilateral - between representatives of employees and employers);

b) tripartite - with the participation of state authorities and local governments.

Social partnership system - a set of measures of an organizational, legal, economic nature that should function at all levels of the economy, from the federal level to the level of a single organization in the field of social and labor relations, the resolution of social and labor conflicts. The social partnership system includes the federal, regional, sectoral, territorial and organizational levels.

Forms of social partnership:

1) collective bargaining - relationships based on dialogue, the result of which is the development of a draft collective agreement, agreements and their conclusion, the establishment of collective working conditions;

2) mutual consultations (negotiations) on the issues of regulating labor relations and other relations directly related to them, ensuring guarantees of the labor rights of employees and improving labor legislation;

3) participation of employees, their representatives in the management of the organization;

4) participation of representatives of employees and employers in resolving labor disputes.

Basic principles of social partnership:

1) equality of the parties;

2) respect and consideration of the interests of the parties;

3) the interest of the parties in participating in contractual relations;

4) state assistance in strengthening and developing social partnership on a democratic basis;

5) observance by the parties and their representatives of laws and other normative legal acts;

6) powers of representatives of the parties;

7) freedom of choice when discussing issues within the scope of work;

8) voluntariness of acceptance of obligations by the parties;

9) the reality of the obligations assumed by the parties;

10) obligatory fulfillment of collective agreements, agreements;

11) control over the implementation of the adopted collective agreements, agreements;

12) responsibility of the parties, their representatives for non-fulfillment through their fault of collective agreements, agreements.

14. COLLECTIVE AGREEMENT: CONTENT AND FUNCTIONS

Collective agreement - a legal act regulating social and labor relations in an organization or with an individual entrepreneur and concluded by employees and the employer represented by their representatives.

The main task is the regulation of social and labor relations. The parties to the collective agreement are the employees represented by their representatives and the employer represented by the head of the enterprise or other authorized person.

A collective agreement may be concluded in the organization as a whole, in its branches, representative offices and other separate structural subdivisions.

The content of the collective agreement - conditions (provisions) agreed by the parties, designed to regulate social and labor relations in this organization. These conditions define the rights and obligations of the parties and responsibility for their violation. The collective agreement consists of an introductory part; a section containing the rights and obligations of the administration, the employer, and a section containing the rights and obligations of employees of the organization and their representative bodies. The appendices to the collective agreement contain normative provisions - norms established in a centralized manner, which are brought to the attention of the employees of the organization through the collective agreement, and local norms applied at this enterprise.

The collective agreement may establish benefits and benefits for employees, working conditions that are more favorable in comparison with established laws, other regulatory legal acts, agreements. Essential terms of the contract: a) validity period; b) the order of change; c) the deadline for reporting by the parties on the fulfillment of the terms of the contract.

The collective agreement signed by the parties within seven days is sent by the employer to the relevant labor authority at the location of the organization for notification registration, during which conditions that worsen the situation of employees are revealed.

Collective agreement comes into force from the date of signing by its parties or from the date specified in the contract itself. The term of the collective agreement may be extended by the parties, but not more than for three years.

Functions of the collective agreement:

1) organization of labor relations;

2) ensuring the stability of labor relations;

3) ensuring and protecting the interests of employees and employers;

4) adaptation of labor relations in the organization to real economic relations;

5) reaching a compromise between employees and the employer by concluding an agreement;

6) ensuring economic progress, increasing labor productivity, reducing the cost of goods.

15. AGREEMENTS. TYPES OF AGREEMENTS

Agreement - a legal act regulating social and labor relations and establishing general principles for regulating economic relations related to them, concluded between authorized representatives of employees and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels of social partnership within their competence.

Types of agreements:

a) general;

b) regional;

c) sectoral (intersectoral);

d) territorial;

e) others.

By agreement of the parties participating in collective bargaining, agreements can be bilateral and trilateral.

Other agreements - agreements that can be concluded by the parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them.

The General Agreement establishes general principles for regulating social and labor relations and related economic relations at the federal level.

The interregional agreement establishes general principles for the regulation of social and labor relations and related economic relations at the level of two or more constituent entities of the Russian Federation.

The regional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of a subject of the Russian Federation.

The sectoral (intersectoral) agreement establishes the general terms of remuneration, guarantees, compensations and benefits for employees of the sector (sectors). A sectoral (intersectoral) agreement may be concluded at the federal, interregional, regional, territorial levels of social partnership.

The territorial agreement establishes general working conditions, guarantees, compensations and benefits for employees in the territory of the respective municipality.

Agreement comes into force from the date of signing by its parties, unless otherwise stipulated in the agreement itself. The term of the agreement is determined by the parties, but cannot exceed three years. The parties have the right to extend the agreement for a period not exceeding three years. The agreement is signed by the representatives of the parties. Federal agreements are registered with the Ministry of Labor of Russia, other agreements are subject to notification registration with regional and territorial labor authorities. The entry into force of the agreement does not depend on the period of its registration.

Control over the implementation of the agreement is carried out by the parties to the social partnership, their representatives, and the relevant labor authorities.

16. CONCEPT AND TYPES OF EMPLOYMENT

Employment - activities of citizens that do not contradict the law, bringing them earnings (labor income). Circumstances, the proof of which makes it possible to recognize citizens as employed:

1) carrying out activities to meet personal and social needs, which does not contradict the current legislation;

2) paid nature of the specified activity. The general rule of its implementation is to receive earnings. This concept does not exclude the possibility of replacing earnings with other payments.

The lack of evidence of the circumstances included in the legal concept of employed citizens does not allow recognizing citizens as employed even if there are formal signs.

Citizens are considered employed:

1) working under an employment contract, including those performing work for remuneration on a full or part-time basis, as well as having other paid work (service), including seasonal, temporary work, with the exception of public works (except for citizens participating in the organization of public works);

2) engaged in entrepreneurial activities;

3) employed in subsidiary crafts and selling products under contracts;

4) performing work under civil law contracts, the subjects of which are the performance of work and the provision of services, including contracts concluded with individual entrepreneurs, copyright agreements, as well as being members of production cooperatives, artels;

5) elected, appointed or approved to a paid position;

6) performing military service, alternative civilian service, service in internal affairs bodies;

7) taking a full-time course of study in general education institutions, institutions of primary vocational, secondary vocational and higher vocational education and other educational institutions, including training in the direction of the state employment service;

8) temporarily absent from the workplace due to disability, vacation, retraining, advanced training, suspension of production caused by a strike; call for military training, performance of other state duties or other valid reasons;

9) founders (participants) of organizations (having an income of at least the minimum wage established for employees), with the exception of founders (participants) of public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions), which have no property rights in relation to these organizations.

17. GUARANTEES OF THE STATE IN THE FIELD OF EMPLOYMENT

State guarantees in the field of employment are usually divided into: general and special . Citizens of the Russian Federation are guaranteed (general guarantees):

a) freedom to choose the type of activity, profession (specialty), type and nature of work - is manifested, for example, in the freedom to choose a place of work by contacting the employer independently or through the free mediation of employment authorities;

b) unemployment protection;

c) free assistance in the selection of a suitable job and employment through the mediation of the employment service;

d) informing about the situation on the labor market.

К special guarantees include guarantees with a special subject. Unemployed citizens are guaranteed:

a) social support;

b) the implementation of measures of an active policy of employment of the population, including free provision of services for vocational guidance and psychological support, vocational training, retraining and advanced training in the direction of the employment service;

c) free medical examination when sent by the employment service for vocational training;

d) compensation, in the manner determined by the Government of the Russian Federation, of material costs in connection with the assignment to work (training) in another locality at the suggestion of the employment service authorities.

The state provides additional guarantees to citizens experiencing difficulties in finding a job by developing and implementing employment promotion programs, creating additional jobs and specialized organizations (including organizations for the work of the disabled), establishing a quota for hiring disabled people, and also by organizing training in special programs and other measures.

In relation to the disabled, quotas for employment are established in accordance with the Federal Law "On the Social Protection of the Disabled in the Russian Federation". Citizens dismissed from organizations due to a reduction in the number or staff, in accordance with the concluded collective agreements (agreements), are guaranteed after dismissal that the queue for housing (improvement of living conditions) at their former place of work, as well as the opportunity to use medical institutions, and their children - children's preschool institutions on equal terms with citizens working in this organization.

The wives (husbands) of servicemen and citizens dismissed from military service, other things being equal, have the preferential right to work at state and municipal unitary enterprises.

18. LEGAL STATUS OF THE UNEMPLOYED

Unemployed - able-bodied citizens who do not have a job or earnings, are registered with the employment service in order to find a suitable job, are looking for a job and are ready to start it. Registration of unemployed citizens is carried out by the employment authorities at the place of residence in such a sequence : initial registration; registration of unemployed citizens in order to find work; registration of citizens as unemployed; re-registration of unemployed citizens. The decision to recognize as unemployed is made no later than 11 calendar days from the date of registration in order to find a suitable job.

Citizens cannot be recognized as unemployed:

a) under 16 years of age;

b) those who receive a pension based on age or length of service;

c) within 10 days from the date of their registration, in order to find a suitable job, from two options for such work, and for the first time looking for a job without a profession (specialty), in the event of two refusals to receive vocational training or from the proposed paid job;

d) those who did not appear within the first 10 days without good reason at the employment service to offer them a suitable job, as well as those who did not appear within the period established for registering them as unemployed;

e) sentenced by a court decision to corrective labor without deprivation of liberty, as well as to punishment in the form of deprivation of liberty. Citizens who have been denied recognition as unemployed have the right to re-apply to the employment service authorities one month from the date of refusal to resolve the issue of recognizing them as unemployed.

Cases of deregistration of unemployed citizens:

a) recognition of citizens as employed;

b) undergoing professional training, advanced training or retraining at the direction of the employment authorities with the payment of a scholarship;

c) failure to appear without good reason within 10 days from the date of their registration in order to search for work in the employment authorities to offer them a suitable job, as well as failure to appear on time to register them as unemployed;

d) long-term (more than a month) failure to appear at the employment authorities without good reason;

e) moving to another area;

f) the establishment of abuses by citizens (concealment of earnings (income), the provision of documents containing deliberately false information, as well as the provision of other false data for recognition as unemployed, etc.);

g) conviction to punishment in the form of deprivation of liberty;

h) the appointment, in accordance with the pension legislation of the Russian Federation, of an old-age (age) pension for length of service.

19. CONCEPT OF SUITABLE JOB

Suitable job (including temporary) - work corresponding to the professional suitability of the employee, taking into account the level of his professional training, the conditions of the last place of work (with the exception of paid public works), health status, transport accessibility.

In accordance with paragraph 4 of Art. 4 of the Law of the Russian Federation "On Employment in the Russian Federation", a job cannot be considered suitable if:

1) it is associated with a change of place of residence without the consent of the citizen;

2) working conditions do not comply with labor protection norms and rules;

3) the proposed earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work, except for cases when the average monthly earnings of a citizen exceeded the subsistence level of the able-bodied population in the corresponding subject of the Russian Federation.

Circumstances, the proof of which makes it possible to recognize the work offered to the citizen as suitable:

1) providing a citizen with work that corresponds to the professional suitability of a citizen, taking into account the level of his professional training;

2) the proposed job must comply with the conditions of the last place of work;

3) compliance of the state of health of the citizen with the proposed conditions for future employment;

4) transport accessibility of the workplace offered to the citizen;

5) compliance of working conditions for the work offered to the citizen with the current requirements for labor protection. Paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, which meets the requirements of the current legislation, is suitable for the following citizens:

1) looking for a job for the first time (previously unemployed), without a profession (specialty), fired more than once during one year preceding the onset of unemployment, engaged in entrepreneurial activity, seeking to resume employment after a long (more than one year) break, sent by the authorities employment services for training and expelled for guilty actions;

2) those who refused to improve (restore) their qualifications in their current profession (specialty); obtain a related profession or undergo retraining after the end of the initial (12-month) period of unemployment;

3) registered with the employment service for more than 18 months, as well as more than 3 years unemployed;

4) who applied to the employment service after the end of seasonal work

20. UNEMPLOYMENT BENEFIT

Unemployment benefits charged to citizens from the first day recognize them as unemployed.

Unemployment benefits paid monthly subject to re-registration no more than twice a month. The amount of the allowance is set as a percentage of average earnings, and in some cases the amount of the allowance is set as a percentage of the subsistence minimum calculated in the constituent entity of the Russian Federation.

If there are persons who are supported by the unemployed, the amount of the benefit is increased by 10% of the subsistence minimum for each person. At the same time, the maximum amount of additional payments should not exceed 30% of the subsistence minimum calculated in the subject of the Russian Federation in the prescribed manner.

Benefit Duration for unemployment in each period of unemployment cannot exceed 12 months in total terms within 18 calendar months. In this case, the duration of the benefit payment may not exceed 24 calendar months within 36 calendar months.

Conditions for suspending the payment of unemployment benefits:

a) refusal during the period of unemployment from two options for suitable work;

b) dismissal from the last place of work (service) for violation of labor discipline and other guilty actions provided for by the legislation of the Russian Federation, expulsion of a citizen sent for training by the employment service from the place of training for guilty actions;

c) refusal after a three-month period of unemployment from participating in paid public works or from sending for training by the employment service of citizens who are looking for work for the first time, who do not have a profession (specialty);

d) the appearance of the unemployed for re-registration in a state of intoxication caused by the use of alcohol, narcotic substances and other intoxicating substances;

e) violation by the unemployed of the conditions and terms of his re-registration;

f) unauthorized termination of training by a citizen in the direction of the employment service.

The period for which the payment of unemployment benefits is suspended is counted in the total period of payment of unemployment benefits and is not counted in the total length of service. Legislation establishes cases when the payment of unemployment benefits is not made. These include :

a) maternity leave;

b) the departure of the unemployed from the place of permanent residence in connection with training in evening and correspondence institutions of vocational education;

c) conscription for military training, involvement in activities related to preparation for military service, with the performance of state duties.

These periods extend the period of payment of unemployment benefits.

21. EMPLOYMENT CONTRACT: CONCEPT AND CONTENT

Employment contract - an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement , timely and in full to pay the employee wages, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations applicable to this employer.

The parties to an employment contract are the employer and the employee. The following conditions are mandatory for inclusion in an employment contract:

a) place of work or place of work indicating a separate structural unit and its location;

b) labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee);

c) the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract;

d) conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

e) the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

f) compensation for hard work and work with harmful and (or) dangerous working conditions, indicating the characteristics of working conditions at the workplace;

g) the conditions that determine, if necessary, the nature of the work;

h) a condition on compulsory social insurance of an employee;

i) other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.

Labor contracts can be concluded:

1) for an indefinite period;

2) for a fixed period of not more than 5 years (fixed-term employment contract).

It is prohibited to require an employee to perform work not stipulated by an employment contract, except as provided for by the Labor Code and other federal laws.

22. PARTIES TO AN EMPLOYMENT CONTRACT

The parties to an employment contract are the employer and the employee.

Employer - an individual who has all the elements of the legal status of a subject of labor law. An individual who has reached the age of 18 can act as an employer. Minors can act as an employer after they are recognized by the court as emancipated. An employer - an individual can delegate his powers to other individuals.

An agreement concluded with an employer - an individual, is subject to registration with the relevant local self-government body. The transfer of powers by an employer - an individual to other persons must be registered with the same local government. On behalf of the employer, which is a legal entity, the powers are exercised by specific individuals. Representatives of the employer, having the status of a legal entity, are vested with persons who have the right to hire and dismiss employees of the organization.

Employee - a person who performs the work entrusted to him by personal labor for compensation. The employee must have all the elements of the legal status of the subject of labor law. An employee has full legal personality from the age of 18. At the same time, in accordance with Part 1 of Art. 63 of the Labor Code of the Russian Federation, the conclusion of an employment contract by an employee is allowed from the age of 16.

Can conclude an employment contract:

a) persons who have reached the age of 15 years, to perform light work that does not harm their health - subject to the conditions listed in Art. 63 of the Labor Code of the Russian Federation;

b) persons who have reached the age of 14, in order to perform light work in their free time from studies that does not harm their health and does not violate the learning process - with the consent of their parents and guardianship and guardianship authorities;

c) persons under the age of 14 in cinematography organizations, theaters, theater and concert organizations - with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority to participate in the creation and (or) performance (exhibition) of works without harm to health and moral development.

An employment contract is concluded with a specific employee, so the employment contract has a personal character.

Representation of the interests of the employee in the performance of the employment contract is carried out by individuals or legal entities, the trade union. The empowerment occurs by issuing a power of attorney or by filing an application during the trial.

In addition to legal representatives, guardianship and guardianship authorities can act in defense of underage workers.

23. TERM CONTRACT

A fixed-term employment contract is concluded in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work to be performed or the conditions for its performance.

The main condition for concluding a fixed-term employment contract - objective impossibility to establish permanent labor relations. A written application by an employee without indicating the legal reasons for concluding a fixed-term employment contract is not a basis for establishing an employment relationship for a fixed period. A fixed-term employment contract may be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be done and the conditions for its performance. Part 6 Art. 58 of the Labor Code of the Russian Federation prohibits the conclusion of fixed-term employment contracts in all cases when the employer expects in this way to avoid providing employees with all the rights and guarantees that are provided for by law for those working under an open-ended employment contract.

Duration fixed-term employment contract can be determined by specifying:

a) a specific period of its validity;

b) a specific event (for example, for the period of absence of an employee who is on parental leave until he reaches the age of 3 years);

c) specific work (for the period of the inventory; for work in the liquidation commission).

After the expiration of the period specified by the contract, the employment contract is terminated in accordance with paragraph 2 of Art. 77 of the Labor Code of the Russian Federation. An employer wishing to terminate an employment relationship must issue an order to dismiss the employee due to the expiration of the employment contract, having previously warned the employee in writing at least 3 days before the dismissal. This circumstance is confirmed by written evidence - a receipt from the employee on receipt of the notification.

If the term of the contract has expired and none of the parties has demanded termination of the fixed-term employment contract due to the expiration of its term, and the employee continues to work, then the employment contract is considered concluded for an indefinite period. Termination of an employment contract due to the expiration of the term is impossible, the dismissal of such an employee can occur only on the general grounds provided for by labor legislation.

An employment contract concluded for the duration of the performance of the duties of an absent employee may be terminated from the date this employee enters work.

In accordance with the Labor Code of the Russian Federation, any employee, regardless of which contract is concluded, has the right to terminate the employment contract, observing the requirements to give two weeks' written notice of dismissal.

GENERAL RULES FOR CONCLUDING AN EMPLOYMENT CONTRACT

24. TEST FOR EMPLOYMENT

When concluding an employment contract, a person who goes to work must present to the employer the following documents :

1) passport or other identity document;

2) a work book (except when the contract is concluded for the first time or the employee enters a part-time job);

3) an insurance certificate of state pension insurance;

4) military registration documents - for those liable for military service and persons subject to conscription for military service (military tickets, certificates);

5) when applying for a job requiring special knowledge or special training - a document on education.

The employment contract must be concluded in in writing in two copies and must be kept by each party. It is the basis for issuing an order (instruction) for employment. The order (instruction) is announced to the employee against receipt within three days from the date of signing the employment contract. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).

When concluding an employment contract, the employer is obliged to familiarize the employee with the internal labor regulations in force in the organization, other local regulations related to his labor function, the collective agreement.

In some cases, when applying for a job, citizens must undergo a mandatory medical examination. The condition for testing an employee by agreement of the parties is provided in order to verify his compliance with the assigned work. The absence of a test clause in the employment contract means that the employee is hired without a test.

The trial period cannot exceed 3 months (except in cases specified by law). The period of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period. A test for employment is not established for: a) persons elected by competition to fill the relevant position; b) pregnant women and women with children under the age of one and a half years; c) persons under the age of 18; d) persons entering a job for the first time within one year after graduating from an educational institution with state accreditation; e) persons elected to an elective position for paid work; f) persons invited to work in the order of transfer from another employer as agreed between the employers; g) persons concluding an employment contract for a period of up to 2 months; h) other persons.

25. AMENDMENT OF THE EMPLOYMENT CONTRACT

The change in the employment contract is:

1) conclusion of a new employment contract;

2) modification of the previous employment contract, which was for the employee and the employer the basis for the emergence of an existing labor relationship between them;

3) a new agreement different from the previous employment contract, which is called a transfer and is the basis for the emergence of a new employment relationship.

Changing the employment contract in the sense of Part 1 of Art. 72 of the Labor Code of the Russian Federation provides for the termination of the previous employment contract. However, the law obliges the parties to conclude a new employment contract, believing that the basis for the emergence of a new employment relationship is the very agreement that he calls a transfer to another permanent job. Any changes to the employment contract should not be made by the parties in violation of the requirements of Art. 57 and 67 of the Labor Code of the Russian Federation.

Translate - change in the labor function (i.e. work in the specialty, qualification or position) or change in the essential terms of the employment contract. It is not considered a transfer and does not require the consent of the employee to move him in the same organization to another workplace, to another structural unit in the same locality, entrusting work on a different mechanism, if this does not change the labor function of the employee or the essential conditions of the employment contract concluded with him .

Classification of transfers to another job:

1) depending on the term - permanent and temporary transfers;

2) at the initiative of the employer - transfer to another job in the same organization, transfer to another organization or to another locality together with the organization (in all these cases, transfer to another permanent job is possible only with the written consent of the employee);

3) by purpose - transfer for a better combination of learning with work, transfer for health promotion, transfer for the purposeful use of labor force.

The meaning of the translation is manifold, as it is:

a) a means of redistributing the workforce within the organization and between organizations for the purpose of its rational use;

b) grounds for termination of the employment contract (clause 5, article 77 of the Labor Code of the Russian Federation);

c) a guarantee of the right to work (this is manifested in employment by transferring persons subject to dismissal for innocent reasons specified in paragraphs 2, 3 of article 81; paragraph 11 of article 77 of the Labor Code of the Russian Federation);

d) means of labor protection (when transfer is required for health reasons - part 2 of article 72; article 254 of the Labor Code of the Russian Federation);

e) the method of education through encouragement (when employees are transferred to a higher position). Here we are not talking about education through punishment, since the list of disciplinary sanctions is enshrined in Art. 192 of the Labor Code of the Russian Federation.

26. WORK BOOK

Employment history is the main document on the work activity of the employee and the work experience of the employee. According to the entries made in the work book, a general, continuous and special work experience is established, which is associated with the provision of certain benefits and benefits to the employee in accordance with laws, a collective agreement, an employment contract and local regulations.

Employment records are kept for all employees working in the organization for more than five days, including temporary, seasonal, non-staff workers (if they are subject to state social insurance), homeworkers, part-time workers, in the case when the work for this employer is for the main worker.

The work book is filled out for the first time in the presence of the employee no later than a week from the date of his employment. It includes :

1) information about the employee, i.e. last name, first name, patronymic, date of birth, education, profession, specialty, qualification;

2) information about work, i.e. hiring, transfer to another permanent job, dismissal with references to the relevant orders;

3) information about incentives and awards;

4) information about the discoveries for which the employee has diplomas, about the inventions and rationalization proposals used and the remuneration paid in connection with this.

All information in the work book is entered in full, without reduction, on the basis of the relevant documents (passport, diploma of education, documents from the last place of work). Crossing out and correction of inaccuracies in the work book are not allowed.

Information about penalties in the work book is not enteredunless the disciplinary action is dismissal. The date of dismissal is indicated in accordance with the order of dismissal. The day of dismissal is considered the last day of work. Entries in the work book about the reasons for termination of the employment contract must be made in strict accordance with the wording of the TKRF or other Federal Law and with reference to the relevant article, paragraph of the Labor Code of the Russian Federation or another Federal Law.

Employer upon termination of the employment contract must give the employee on the day of dismissal (the last day of work) a work book and, upon written application of the employee, copies of documents related to work.

If it is not possible to issue a work book on the day the employee is dismissed, the employer sends a notification to the employee about the need to appear for the work book or agree to send it by mail. From the date of sending the notification, the employer is released from liability for the delay in issuing a work book.

27. TRANSFER AND RELOCATION

Transfer to another permanent job - a change in the labor function of an employee in the specialty, qualification or position, or a change in the essential terms of the employment contract. Transfer to another permanent job is legal only with the written consent of the employee. It is not a transfer and does not require the consent of the employee to move him within the same organization to another workplace, to another structural unit in the same locality, assignment of work on a different mechanism if this does not change the employee's labor function or the essential terms of the employment contract. Transfer to another permanent job in the same organization is issued by order of the employer. In case of transfer of an employee to another organization, the employment contract is terminated in accordance with paragraph 5 of Art. 77. In a new place, they are obliged to conclude a new contract with him.

Translation is illegal without sufficient grounds or in violation of the procedure established by law. In this case, the employee is subject to reinstatement in the previous job by the body considering the individual labor dispute. Temporary transfer to another job in the same organization is possible without the written consent of the employee in case of production necessity. However, an employee cannot be transferred to work that is contraindicated for him for health reasons or that requires lower qualifications. In this case, the transfer cannot exceed one month during a calendar month with remuneration for work performed, but not lower than the average salary for the previous job.

Suspension from work - preventing the employee from performing his job duties. Although the dismissal of the employee does not occur, the employment relationship does not end. In Art. 76 of the Labor Code of the Russian Federation provides an extensive list of cases when the employer is obliged not to allow the employee to work (for example, when the employee appeared at work in a state of intoxication, if the employee did not pass the mandatory preliminary or periodic medical examination in the prescribed manner, etc.). This list is not exhaustive. The employee is not allowed to work for the entire period of time until the circumstances that served as the basis for suspension from work or exclusion from work are eliminated.

Payment of wages upon suspension from work is suspended, with the exception of certain cases (for example, in the absence of the fault of an employee who has not passed training and testing of knowledge and skills in the field of labor protection or a mandatory preliminary or periodic medical examination, the entire suspension is paid as simple)

28. SUSPENSION FROM WORK

Suspension from work is a temporary refusal to provide an employee with a job stipulated by an employment contract by an authorized representative of the employer for reasons established by law. Suspension from work is carried out by order (instruction) of the employer, which must be brought to the attention of the employee suspended from work (not allowed to work).

The employer is obliged to suspend the employee from work:

1) appeared at work in a state of alcoholic, narcotic or other toxic intoxication;

2) who has not passed in the prescribed manner a mandatory preliminary or periodic medical examination, a mandatory psychiatric examination;

3) who has not undergone training and testing of knowledge and skills in the field of labor protection in accordance with the established procedure;

4) if, in accordance with the medical report, a contraindication is revealed for the employee to perform work stipulated by the employment contract;

5) at the request of bodies and officials authorized by federal laws and other regulatory legal acts;

6) in case of suspension for a period of up to 2 months of the special right of the employee, if this entails the impossibility of the employee to fulfill the obligations under the employment contract;

7) in other cases provided for by federal laws and other regulatory legal acts.

Suspension of an employee from work or exclusion from work in cases provided for by law is employer's duty .

The employer is obliged to suspend from work (not allow to work) the employee for the entire period until the elimination of the circumstances that are the legal basis for removing the employee from work or not allowing him to work. The employee must be actually suspended from work (not allowed to work) if there are legal grounds on the orders of the employer. The actual admission of the employee to work after the issuance of such an order by the authorized representative of the employer means that the employee has not been suspended from work, from the moment of such admission, this order is considered invalid.

As a general rule, during the period of suspension from work (prevention from work), the employee’s salary is not saved. An exception to this rule is the cases provided for by the federal law obliging the employee to keep the average wage during this period.

It is provided for the payment of a monthly state allowance in the amount of five minimum wages to an official suspended by a court order. It should be paid by the investigating authorities at the expense of the relevant budget.

CLASSIFICATION AND GENERAL CHARACTERISTICS OF THE GROUNDS FOR TERMINATION OF AN EMPLOYMENT CONTRACT

Termination of an employment contract is possible upon the occurrence of certain legal facts:

1) volitional actions of the parties or a third person who has the right to demand dismissal (court, military registration and enlistment office);

2) events, i.e. circumstances that do not depend on anyone's will.

General grounds for termination of an employment contract:

1) joint expression of will of the parties;

2) the expiration of the term of the employment contract, except in cases where the employment relationship actually continues and none of the parties has demanded its termination;

3) termination of the employment contract at the initiative of the employee. The employee has the right to terminate employment relations at his own request, notifying the employer about this two weeks in advance in writing;

4) termination of the employment contract at the initiative of the employer for the guilty actions of the employee, which served as the basis for his dismissal, as well as legitimate necessity;

5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position). At the previous place of work, the employment contract is terminated and the new employer is obliged to conclude a new employment contract;

6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, a change in the jurisdiction (subordination) of the organization or its reorganization;

7) refusal of the employee to continue work in connection with a change in the essential terms of the employment contract. Changes made at the initiative of the employer may not suit the employee;

8) the employee's refusal to be transferred to another job due to the state of health in accordance with a medical report. The employer is obliged to provide work that will not harm the health of the employee; in case of refusal, the contract is terminated;

9) refusal of the employee to transfer in connection with the relocation of the employer to another locality. In the absence of the written consent of the employee to the transfer (or in the presence of written or oral disagreement), which must be obtained before the issuance of the transfer order, the contract is terminated;

10) circumstances beyond the control of the parties (death of an employer - an individual or an employee, conscription of an employee for military service, etc.);

11) violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or another Federal Law, if this violation excludes the possibility of continuing work (the inability of an employee to perform a labor function by a court decision, for health reasons, due to the lack of a document on education (for work requiring special knowledge) and etc.).

29. TERMINATION OF THE EMPLOYMENT CONTRACT AT THE EMPLOYEE'S INITIATIVE (ON THE OWN WISH)

The employee has the right on their own initiative terminate the employment contract at any time by notifying the employer in writing two weeks in advance.

The employer, without the consent of the employee, does not have the right to dismiss him on the application submitted by him before the expiration of the notice period. By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

In cases where the employee’s application for dismissal is due to the impossibility of continuing work (hiring him for full-time study at a university or other educational institution, retirement, transfer of a spouse to another locality and other good reasons), as well as in case of violation by the employer of the employee’s labor rights, terms of the employment or collective contract, agreement, the employer is obliged to terminate the employment contract within the period specified in the employee's application. Here, immediate dismissal is possible.

Before the expiration of the termination notice the employee has the right at any time withdraw your application. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with the law, cannot be refused to conclude an employment contract.

Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book, other documents related to the work, upon a written application from the employee, and make a final settlement with him.

If the employment contract has not been terminated after the expiration of the notice period and the employee does not insist on dismissal, the employment contract is considered to be continued. However, if the employee refuses to continue the employment relationship, the employer is obliged to issue him a work book and make settlements with him. Otherwise, the employee is paid the wages he did not receive for the time of illegal deprivation of his opportunity to work, since he cannot enter another job without a work book

The notice period is calculated from the next day after the employee submits the application in calendar days. However, if the last day of the notice period falls on a non-working day, the expiration date of the notice period is the next business day following it.

On the last day of work, the employer is obliged to issue a dismissal and payment, to issue a work book to the employee with a completed record on the grounds for dismissal (with reference to paragraph 3 of article 77 of the Labor Code of the Russian Federation).

30. TERMINATION OF THE EMPLOYMENT CONTRACT AT THE INITIATIVE OF THE EMPLOYER

The employment contract may be terminated by the employer in the following cases:

1) liquidation of the organization or termination of activity by an individual entrepreneur;

2) reducing the number or staff of employees of the organization, individual entrepreneur, if it is impossible to transfer the employee with his consent to another job;

3) non-compliance of the employee with the position held or the work performed due to:

a) the state of health in accordance with the medical report;

b) insufficient qualifications, confirmed by the results of attestation;

4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

a) walking

b) appearing at work in a state of alcoholic, narcotic or other toxic intoxication;

c) disclosure of legally protected secrets;

d) committing at the place of work theft (including small) of another's property, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a body authorized to apply administrative penalties;

e) violation by the employee of labor protection requirements, if this violation entailed grave consequences or knowingly created a real threat of such consequences;

7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

8) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unreasonable 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) submission by the employee to the employer of false documents or deliberately false information when concluding an employment contract;

12) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization;

13) in other cases established by the Labor Code of the Russian Federation and other federal laws

31. TERMINATION OF THE EMPLOYMENT CONTRACT IN CASES OF LIQUIDATION OF THE ORGANIZATION, TERMINATION OF ACTIVITY BY THE EMPLOYER - INDIVIDUAL, REDUCTION OF THE NUMBER OR STAFF OF EMPLOYEES OF THE ORGANIZATION

The liquidation of a legal entity occurs either by decision of its founders or by a court decision. When an organization is liquidated, all employees of the organization are subject to dismissal.. But about the upcoming dismissal, employees must be warned personally and against receipt at least 2 months before the dismissal. With the written consent of the employee, the employer may terminate the employment contract without notice of dismissal for 2 months with the simultaneous payment of additional compensation in the amount of two months of average earnings.

Dismissed employees are paid a severance pay in the amount of the average monthly earnings, and the average monthly earnings for the period of employment are also retained, but not more than 2 months from the date of dismissal (including the severance pay). By decision of the employment service body, the average monthly salary is maintained for the third month from the date of dismissal, provided that the employee applied to this body within two weeks after the dismissal and was not employed by him.

The same rules are provided for termination of employment contracts in connection with the liquidation of a branch, representative office or other separate structural unit of the organization. Reducing the number or staff of employees is one of the measures to improve the activities of the organization, as well as its staffing with the most qualified personnel.

In case of reduction, employees with higher labor productivity and qualifications are subject to abandonment. The employer gives an assessment to each employee, he also decides which employee to give preference to, taking into account his labor productivity and qualifications.

If several workers have equal productivity or qualifications, preference in staying at work is given:

a) family - if there are two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent or main source of livelihood);

b) persons in whose family there are no other self-employed workers;

c) employees who have received an industrial injury or occupational disease in this organization;

d) disabled veterans of the Great Patriotic War and invalids of military operations for the defense of the Fatherland;

e) employees who improve their skills in the direction of the employer on the job.

The employee is warned about the upcoming dismissal against receipt at least two months in advance.

32. TERMINATION OF THE EMPLOYMENT CONTRACT IN THE EVENT OF THE EMPLOYEE'S NON-CONFORMITY WITH THE POSITION HOLDED OR THE WORK PERFORMED AND IN THE EVENT OF THE EMPLOYEE'S MULTIPLE FAILURE TO PERFORM LABOR DUTIES

Dismissal in this case occurs on one of two grounds for recognizing the employee as not corresponding to the position held or the work performed.

1. Non-compliance of the employee for health reasons

- confirmed by a medical report, which should indicate what work the employee cannot perform, and give recommendations on the proposed work.

The conclusion is issued by the clinical expert commission of the medical institution, in case of a persistent decrease in working capacity - by the medical and social expert commission with the issuance of a disability rehabilitation card for a disabled person.

If there is a conclusion of these bodies on the impossibility of the employee to perform the stipulated labor function, he is subject to transfer to another permanent job. In case of refusal of the employee to transfer or in the absence of other work, he is subject to dismissal on the specified basis with the payment of a two-week severance pay.

2. Non-compliance of the employee due to insufficient qualifications - is confirmed by the results of certification, i.e. the conclusion of the certification commission. When carrying out certification (clause 3, article 81 of the Labor Code of the Russian Federation), a member of the commission from the relevant elected trade union body is included in the certification commission without fail. In the absence of the conclusion of the attestation commission, the employee cannot be dismissed on this basis. Dismissal is not allowed under paragraph 3 of Art. 81 of the Labor Code of the Russian Federation, if the employee was not subject to certification. In this case, another job should be offered. If it is impossible to transfer an employee with his consent to another job, he is subject to dismissal. The dismissal of employees who are members of a trade union is carried out taking into account the motivated opinion of the elected trade union body of the organization, and the heads (their deputies) of the elected trade union collegial bodies of the organization, its structural divisions (not lower than shop and equated to them), not released from their main work, - with prior consent of the relevant higher elected trade union body.

Dismissal of an employee for repeated failure to fulfill his labor duties is possible subject to the following rules:

1) repeated non-fulfillment of labor duties has taken place;

2) the employee does not perform labor duties without good reason;

3) the employee had an outstanding disciplinary sanction;

4) the procedure for imposing disciplinary sanctions has been observed.

33. TERMINATION OF THE EMPLOYMENT CONTRACT IN THE EVENT OF A SINGLE GREAT BREACH OF LABOR DUTIES BY THE EMPLOYEE

Paragraph 6 of Art. 81 of the Labor Code of the Russian Federation provides five independent bases for dismissal from work:

1) absenteeism;

2) appearing at work in a state of alcoholic, narcotic or other toxic intoxication;

3) disclosure of legally protected secrets;

4) commission of theft of someone else's property at the place of work;

5) violation by the employee of labor protection requirements.

absenteeism is absence from the workplace without good reason throughout the working day (shift), regardless of its (its) duration, as well as in case of absence from the workplace without good reason for more than 4 hours in a row during the working day (shift).

When an employee is dismissed if he appears at the place of performance of labor duties during working hours in a state of intoxication, the rules for conducting a medical examination confirming either the presence or absence of intoxication must be observed.

Explanations of the employee in writing, drawing up an act on suspension from work can be used as evidence.

For dismissal on this basis, it does not matter whether the employee was suspended from work in connection with such a condition or not. Non-disclosure of secrets protected by law may be included in the content of the employment contract as an additional condition (clause 3, article 57 of the Labor Code of the Russian Federation).

Information contained in the charters of legal entities cannot be a commercial secret. Official and commercial secrets include information on the technologies used, technical solutions, the method of organizing production, ongoing negotiations, transactions, contractors, etc. The employee is subject to dismissal on this basis if the secret protected by law became known to the employee in connection with the performance of their duties.

For dismissal according to d n. "g" n. 6 Art. 81 of the Labor Code of the Russian Federation, it is enough to commit petty theft. Theft as a ground for dismissal must be established by a court verdict or a decision on the imposition of an administrative penalty. In the dismissal order, it is necessary to refer to the document that established the theft. Other people's property may be the property of an organization or other persons, such as employees.

Violation of labor protection requirements by an employee. If this violation entailed grave consequences or knowingly created a real threat of such consequences, the employment contract is terminated. Severe consequences - an accident at work, an accident or a catastrophe, etc. Real threat - creating a situation in which serious consequences are prevented.

34. TERMINATION OF AN EMPLOYMENT CONTRACT FOR CIRCUMSTANCES OUTSIDE THE WILL OF THE PARTIES

An employment contract may be terminated due to circumstances beyond the control of the parties:

1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it. Dismissal occurs on the basis of a summons issued to the employee by the military commissariat. The employee is paid a severance pay in the amount of two weeks average earnings;

2) reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court. In this case, the employment contract is terminated only when it is impossible to transfer the employee with his consent to another job;

3) non-election to office. This basis applies to elected employees who have not been re-elected to their position;

4) condemnation of the employee to punishment, excluding the continuation of the previous work, in accordance with the court verdict, which has entered into force. The punishment excluding the continuation of the previous work is deprivation of liberty after the entry into force of the sentence;

5) recognition of the employee as completely disabled in accordance with the medical report. The issue of permanent disability is decided by medical and social expert commissions. A person who has lost the ability to work is a disabled person of group I or II;

6) the death of an employee or employer - an individual, as well as the recognition by a court of an employee or employer - an individual as dead or missing. Dismissal occurs on the basis of a death certificate, and in case of recognition as dead or missing - on the basis of a court decision;

7) the onset of emergency circumstances that prevent the continuation of labor relations, recognized by a decision of the Government of the Russian Federation or a public authority of the relevant subject of the Russian Federation. If such circumstances have occurred, but they are not recognized by the decision of the relevant body, the employer cannot terminate the employment contract on this basis;

8) disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract;

9) expiration, suspension of validity for a period of more than 2 months or deprivation of an employee of a special right if the employee is unable to fulfill obligations under an employment contract;

10) termination of access to state secrets, if the work performed requires such access;

11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work.

35. TERMINATION OF AN EMPLOYMENT CONTRACT DUE TO VIOLATION OF THE RULES FOR CONCLUDING AN EMPLOYMENT CONTRACT

The employment contract is terminated due to a violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if a violation of these rules excludes the possibility of continuing work, in the following cases:

a) the conclusion of an employment contract in violation of a court verdict depriving a particular person of the right to hold certain positions or engage in certain activities;

b) the conclusion of an employment contract for the performance of work that is contraindicated for this employee for health reasons in accordance with a medical report;

c) the absence of an appropriate document on education, if the performance of work requires special knowledge in accordance with a federal law or other regulatory legal act;

d) the conclusion of an employment contract in violation of the decision of a judge, body, official authorized to consider cases of administrative offenses, on disqualification or other administrative punishment, excluding the possibility for the employee to fulfill the obligations under the employment contract;

e) in other cases stipulated by federal laws.

In the cases provided for in paragraph one, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (a vacant position or a job corresponding to the employee’s qualifications, a vacant lower position or a lower-paid job), which the employee can perform taking into account his health status. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

If the violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law is not due to the fault of the employee, then the employee is paid a severance pay in the amount of the average monthly salary. If the violation of these rules is due to the fault of the employee, the employer is not obliged to offer him another job, and the employee is not paid severance pay.

The application of this ground for termination of an employment contract involves proving legally significant circumstances: the existence of a court verdict by which a particular employee is deprived of the right to hold certain positions or engage in certain activities, proof that the employee has held a position or performed labor activities prohibited to him by a court verdict that has entered into force.

36. REGISTRATION AND PAYMENT OF AN EMPLOYEE'S TERMINATION PAYMENT

The termination of the employment contract is formalized by the order (instruction) of the employer. With the order (instruction) of the employer to terminate the employment contract the employee must be familiarized against signature. At the request of the employee, the employer is obliged to issue him a duly certified copy of the specified order (instruction). In the event that the order (instruction) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made on the order (instruction).

happy ending employment contract in all cases is last day of work employee, except for cases when the employee did not actually work, but in accordance with the Labor Code or other federal law, the place of work (position) was retained for him.

On the day of termination of the employment contract, the employer is obliged to issue the employee with a work book and make payments with him. Upon the written application of the employee, the employer is also obliged to provide him with duly certified copies of documents related to the work.

An entry in the work book on the basis and reason for the termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation and with reference to the relevant article, part of the article, paragraph of the article.

At the written request of an employee who did not receive a work book after dismissal, the employer is obliged to issue it no later than 3 working days from the date of the employee's request.

Upon termination of an employment contract in connection with the liquidation of an organization or a reduction in the number or staff of the organization’s employees, the dismissed employee is paid a severance pay in the amount of the average monthly salary, and also retains the average monthly salary for the period of employment, but not more than 2 months from the date of dismissal (with offset severance pay).

Severance pay in the amount of a two-week average salary paid employee upon termination of the employment contract due to:

a) with the refusal of the employee to transfer to another job or the absence of the employer of the relevant job;

b) conscripting an employee for military service or sending him to an alternative civilian service that replaces it;

c) reinstatement of an employee who previously performed this work;

d) refusal of the employee to transfer to work in another area together with the employer;

e) recognition of the employee as completely incapable of labor activity in accordance with a medical report;

f) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties.

37. LEGAL CONSEQUENCES OF ILLEGAL DISMISSAL

Dismissal is illegal made without a legal basis or in violation of the established procedure for dismissal.

In the event of unlawful dismissal, an employee should be restored at the previous job by the body considering the individual labor dispute (state labor inspectorate or court). If at the time of the restoration of the employee the position is occupied, then the newly hired employee is subject to either transfer to another job with his consent, or dismissal under paragraph 2 of Art. 83 of the Labor Code of the Russian Federation.

If it is impossible to restore to the previous job due to the liquidation of the organization, the employee is recognized as dismissed under paragraph 1 of Article 81 of the Labor Code of the Russian Federation in connection with the liquidation of the organization with all the ensuing consequences (an appropriate severance pay is paid, changes are made to the work book).

After the employee is reinstated at work, he must be paid average earnings for the entire time of forced absenteeism, regardless of its duration. In the event of a delay in the execution of the decision to reinstate at work, the employer is also obliged to pay the average salary or the difference in earnings for the entire period of delay. The employee may refuse to continue the employment relationship, so the labor dispute resolution body may limit itself to making a decision on the recovery of compensation in his favor without reinstatement. In the event of a change in the wording of the grounds for dismissal, the court is obliged to indicate in the decision the reason and grounds for dismissal in strict accordance with the wording of the Labor Code of the Russian Federation or another Federal Law. If the incorrect wording of the reason for dismissal in the work book prevented the employee from entering another job, then the court decides to pay the employee the average earnings for the entire time of forced absenteeism.

In accordance with Art. 121 of the Labor Code of the Russian Federation, from the day of reinstatement at work, the employee’s continuous length of service must be restored, and the time of forced absenteeism is included in the length of service, including the length of service giving the right to annual basic paid leave. From the day of reinstatement at work, the employee is also entitled to temporary disability benefits, even if he has not actually started work.

In the event of illegal dismissal, regardless of the requirements of the employee, a decision may be made to pay the employee monetary compensation in compensation for the moral damage caused by the illegal actions of the employer. The fact of causing moral harm by illegal dismissal is proved by the employee. He must also indicate the amount of compensation that he would like to receive. The final decision on the payment of monetary compensation and its amount is made by the court.

38. CONCEPT AND TYPES OF WORKING TIME

Work time - this is the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time.

The employer is obliged to keep records of the time actually worked by each employee. Establishment of working time norms by legislation makes it possible to ensure the protection of the health of workers, contributes to their working longevity, provides an opportunity to receive from each worker a socially necessary measure of labor, to raise the cultural and technical level of workers, and labor productivity. Normal working hours are the basic guarantee of the worker's right to rest.

Types of working hours:

1) normal;

2) abbreviated;

3) incomplete.

Normal working hours may not exceed 40 hours per week. Work outside the normal working hours may be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime work).

abbreviated working time is provided for: for persons under the age of 18 (under the age of 16 - no more than 24 hours per week, from 16 to 18 years - no more than 35 hours per week); for workers employed in work with harmful or dangerous working conditions - no more than 36 hours per week; for disabled people of group I or II - no more than 35 hours per week; for certain categories of workers whose work is associated with increased intellectual and nervous tension (pedagogical, medical workers).

Part-time working hours - part-time work or part-time work week - is established by agreement between the employee and the employer both at the time of employment and subsequently. Part-time work may be combined with a part-time week, with pay in proportion to hours worked, or based on output, with no guarantee of minimum pay.

Remuneration for part-time work is made in proportion to the time worked or depending on the amount of work performed.

No entries are made in the work book that the employee works on a reduced or part-time basis. The difference between reduced and part-time working hours is that reduced working hours are established by law, and not full - by agreement of the parties.

39. MODE AND RECORDING OF WORKING TIME

Working hours - this is the distribution of work time within a specific calendar period. The working time regime should provide for the duration of the working week (five-day with two days off, six days with one day off, working week with the provision of days off on a rotating schedule), work with an irregular working day for certain categories of workers, the duration of daily work (shifts), time the beginning and end of work, the time of breaks in work, the number of shifts per day, the alternation of working and non-working days, which are established by the collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation, the collective agreement, agreements.

A working day is the statutory working time during the day. The duration of daily work, its beginning and end, breaks during the working day provide for the rules of the internal labor schedule, and for shift work - the shift schedule, including the shift method.

Shift work - this is work in two, three or four shifts, which is introduced in cases where the duration of the production process exceeds the allowable duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided.

Irregular working hours - a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. When working in flexible working hours, the beginning, end or total length of the working day is determined by agreement of the parties. In this case, the employer is obliged to ensure that the employee works out the total number of working hours during the relevant accounting periods.

The accounting of working time is kept by the administration.

Exist and apply three types of time tracking:

1) daily - the duration of daily work established by law is realized without any deviations and employees work the same set number of hours;

2) weekly - the duration of daily work may differ from each other, but the weekly rate must be implemented within each calendar week;

3) summarized - the norm of working hours established by law must be observed for a longer period (month, quarter, etc.).

40. WORK OUTSIDE OF NORMAL WORKING HOURS

Normal working hours may not exceed 4 hours per week. However, the law allows a worker to work outside of normal working hours. This work can be done:

1) with an irregular working day;

2) at the initiative of the employer (overtime work).

At the request of the employee, the employer has the right to allow him to work under another employment contract in the same organization in a different profession, specialty or position outside the normal working hours in the order of internal part-time work, as well as in the order of external part-time work, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws. However, work outside normal working hours may not exceed 4 hours per day and 16 hours per week.

On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees.

Overtime work - work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period.

An order is issued on the production of overtime work, which specifies the reasons why they are necessary, the categories of workers involved in the work. The employee must be familiarized with him against signature. It is not considered overtime work in excess of the established working hours for persons with irregular working hours, part-time or flexible working hours.

Involvement in overtime work is carried out by the employer with the written consent of the employee in cases provided for by the Labor Code of the Russian Federation. This list is not exhaustive. In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization.

Overtime must not exceed for each employee 4 hours for 2 consecutive days and 120 hours per year. The employer is obliged to ensure that overtime work performed by each employee is accurately recorded.

41. CONCEPT AND TYPES OF REST TIME

Time relax - this is the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. In accordance with Article 107 of the Labor Code of the Russian Federation, the types of rest time are:

1) breaks during the working day (shift);

2) daily (between shifts) rest;

3) days off (weekly uninterrupted rest);

4) non-working holidays;

5) holidays.

Breaks during the working day (shift) include:

1) periods of time used for rest and eating, lasting at least 30 minutes and not more than 2 hours, which are not included in working time;

2) periods of time intended for rest and heating, due to the specifics of the work performed, included during working hours and not exceeding 30 minutes.

The time of the break and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer.

Daily (between shifts) rest - a period of time, the duration of which cannot be less than 12 hours. All employees are provided with days off (weekly uninterrupted rest, which cannot be less than 42 hours). With a five-day working week, employees are provided with 2 days off per week, with a six-day working week - one day off. The general day off is Sunday. The second day off with a five-day working week is established by the collective agreement or the internal labor regulations of the organization. Both days off are provided, as a rule, in a row. Employees are also provided with rest time on non-working holidays. The list of non-working holidays in the Russian Federation is established by federal law. If a weekend and a holiday coincide, the day off is transferred to the next working day after the holiday. Work on weekends and public holidays is prohibited. Involvement of employees to work on weekends and holidays is carried out with their written consent in the following cases:

1) to prevent a production accident, catastrophe, eliminate the consequences of a production accident, catastrophe or natural disaster;

2) to prevent accidents, destruction or damage to property;

3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations.

In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization.

42. HOLIDAYS: CONCEPT AND TYPES

Vacation - fixed and guaranteed by law the number of free days from work with the preservation of the place of work, with the preservation of average earnings, provided annually to all employees for uninterrupted rest, restoration of working capacity and other purposes.

During the period of vacation, an employee cannot be dismissed at the initiative of the employer, except in the event of liquidation of the organization or termination of activity by the employer - an individual. The time of the annual paid leave is included in the total and continuous length of service of the employee, as well as in the length of service giving the right to the annual basic paid leave.

The legislation establishes the following types of holidays:

1) annual main, which are divided into:

a) general, at least 28 calendar days;

b) extended, more than 28 calendar days, which are provided to employees in accordance with the current labor legislation;

2) additional holidays granted:

a) employees engaged in work with harmful and (or) dangerous working conditions;

b) for the special nature of the work;

c) employees with irregular working hours;

3) leave without pay;

4) other holidays:

a) maternity leave;

b) parental leave;

c) leave for employees who have adopted a child;

d) leave in connection with studies in educational institutions.

The duration of the annual basic and additional paid holidays of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling within the period of the annual basic or annual additional paid leave are not included in the number of calendar days of leave and are not paid. The next annual leave lasting more than 28 calendar days is granted:

a) persons under 18 years of age - 31 calendar days at a time convenient for them;

b) teachers, lecturers of secondary and higher educational institutions, researchers of scientific research institutes and employees of some children's institutions - up to 48 working days;

c) civil servants - at least 30 calendar days. The purpose of extended basic holidays is to guarantee employees a longer rest, taking into account the age, nature and intensity of work, and other circumstances.

The possibility of granting an employee leave without pay depends on the validity of the reasons that he names in the application in support of his request. In this case, the duration of leave without pay is determined by agreement of the parties.

43. PROCEDURE FOR PROVIDING ANNUAL PAID VACATION

When calculating the total duration of annual paid leave, additional paid leaves are added to the annual basic paid leave. Paid leave must be granted to the employee annually. The right to use leave for the first year of work arises for the employee after 6 months of his continuous work in this organization. By agreement of the parties, an employee may be granted paid leave after the expiration of 6 months, and for women (before maternity leave or immediately after it), employees under the age of 18, employees who have adopted a child (children) under the age of 3 months, and in other cases mandatory.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established in the given organization. The priority is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of the organization no later than two weeks before the start of the calendar year. The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation. Certain categories of employees are granted annual paid leave at their request at a convenient time for them.

It is prohibited not to provide annual paid leave for 2 consecutive years, as well as failure to provide annual paid leave to employees under the age of 18 and employees employed in jobs with harmful and (or) dangerous working conditions. By agreement between the employee and the employer, annual paid leave may be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days. Recall of an employee from vacation is allowed only with his consent. The part of the vacation not used in connection with this must be provided at the choice of the employee at a time convenient for him during the current working year or added to the vacation for the next working year. The employee, upon his written application, also has the right to replace part of the vacation exceeding 28 calendar days with monetary compensation. Upon dismissal, the employee is paid monetary compensation for all unused vacations.

Persons under the age of 18, pregnant women and employees employed in work with harmful and (or) dangerous working conditions are not recalled from vacation and are not replaced with monetary compensation.

44. HOLIDAY WITHOUT PAY

Leave without pay may be granted at the written request of the employee for family reasons and other valid reasons. The duration of such leave is determined by agreement of the parties.

The law lists situations where an employer is required to on the basis of a written application from the employee, grant leave without pay (part 2 of article 128 of the Labor Code of the Russian Federation):

1) participants of the Great Patriotic War - up to 35 calendar days a year;

2) working old-age pensioners (by age) - up to 14 calendar days a year;

3) parents and wives (husbands) of military personnel who died or died as a result of injury or injury received in the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

4) working disabled people - up to 60 calendar days a year;

5) employees in cases of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days.

In addition to the cases mentioned above, the employer is obliged to provide unpaid leave:

1) working women to care for a child until they reach the age of 3 years. Parental leave can be used in full or in parts by the child's father, grandmother, grandfather, other relative or guardian who actually cares for the child (Article 256 of the Labor Code of the Russian Federation);

2) employees admitted to entrance examinations to educational institutions of higher and secondary vocational education (Articles 173, 174 of the Labor Code of the Russian Federation);

3) to a part-time job, if at part-time work the duration of his annual paid leave is less than the duration of the leave at the main place of work (Article 286 of the Labor Code).

Granting an unpaid leave to an employee is formalized by an order (instruction) of the employer. During the leave without pay, the employee retains the place of work (position).

Vacation time without pay for more than 14 calendar days is not included in the length of service, giving the right to the annual basic paid leave (Article 121 of the Labor Code of the Russian Federation).

The written form of an employee's application for leave without pay excludes the employee from being sent on such leave at the initiative of the employer.

Therefore, in the event of downtime, the employer's actions to issue unpaid leave to the employee will be illegal. In this case, the employer is obliged to pay for downtime in the prescribed amount.

45. CONCEPT, SIGNS AND GUARANTEES OF PAYMENT OF EMPLOYEES

Salary - a system of relations related to ensuring the establishment and implementation by the employer of payments to employees for their work in accordance with laws, other regulatory legal acts, collective agreements, agreements, local regulations and labor contracts.

Salary must be paid on a regular basis., twice a month in cash (in rubles) according to pre-established rates. However, the law stipulates that wages may also be paid in kind, but not more than 20% of the total wage. The remuneration of labor should not be limited to the maximum amount, and also it cannot be lower than the minimum wage.

Discrimination in the field of wages is prohibited. That is, no infringement of the rights or unreasonable provision of benefits in the field of remuneration depending on gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations and according to other grounds. Unilateral change in the size and conditions of remuneration is prohibited. Indexation should also be provided in connection with the rising cost of living, rising consumer prices for goods and services.

Into the system basic state guarantees for wages workers include:

1) the value of the minimum wage in the Russian Federation;

2) the value of the minimum tariff rate (salary) for employees of public sector organizations in the Russian Federation;

3) measures to ensure an increase in the level of the real content of wages;

4) limiting the list of grounds and amounts of deductions from wages by order of the employer, as well as the amount of taxation of income from wages;

5) limitation of wages in kind;

6) ensuring that the employee receives wages in the event of termination of the employer's activity and its insolvency in accordance with federal laws;

7) state supervision and control over the full and timely payment of wages and the implementation of state guarantees for wages;

8) the responsibility of employers for violation of the requirements established by the Labor Code of the Russian Federation, laws, and other regulatory legal acts, collective agreements, agreements, which is necessary in order to exercise the rights of employees;

9) terms and sequence of payment of wages.

SYSTEM AND FORMS OF PAYMENT

46. MINIMUM WAGE IN THE RUSSIAN FEDERATION

Wage system - a method of accruing remuneration to an employee depending on the intensity of his work. Intensity can be measured by hours worked, quantity of good quality products made, etc.

There are two main systems of wages for workers:

1) time wages, in which the amount of the employee's earnings depends on the time actually worked by him and his tariff rate (salary). Time can be daily (used mainly for seasonal and temporary work), weekly, monthly;

2) piecework, in which earnings depend on the amount of actually manufactured products and the time spent on its manufacture.

Piecework wages, in turn, are divided into simple, piece-bonus, piece-progressive, piecework (payment for a set of works calculated at piece rates, for example, road construction) and indirect (the amount of payment is determined based on the results of the work of the main workers as a percentage of their payment ).

The bonus is used as an additional one, which is applied upon reaching predetermined indicators in combination with any main one. The bonus system of remuneration involves the payment of bonuses to a certain circle of persons on the basis of previously established specific indicators and conditions for bonuses. The regulation on bonuses should define the circle of persons subject to bonuses, indicators and conditions for bonuses, as well as the amount of bonuses.

Remuneration is made in various forms: cash, natural or mixed. As a general rule, wages are paid in cash, in rubles. The share of wages paid in non-monetary form may not exceed 20% of the total wage.

Payment of wages in bonds, coupons, in the form of debt obligations, receipts, as well as in the form of alcoholic beverages, narcotic, toxic, poisonous and harmful substances, weapons, ammunition and other items in respect of which prohibitions or restrictions on their free circulation are established, not allowed.

Minimum wage cannot be lower than the subsistence level of the able-bodied population. Additional payments, allowances, bonuses and other incentive payments, as well as payments for work in conditions that deviate from normal, for work in special climatic conditions and in territories exposed to radioactive contamination, other compensation and social payments are not included in the minimum wage.

47. PROCEDURE, TERMS AND PLACE OF PAYMENT OF WAGES

Wages - remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments and incentive payments.

Differences between wages and remuneration under civil contracts: wages are paid to the employee systematically in a certain order; wages have a minimum set by the state, systematically increasing with rising prices.

The employer is obliged to notify the employee in writing of the constituent parts of the salary, the amount of deductions, as well as the total amount to be paid. The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees. Wages are issued on the basis of the payroll. Wages are paid at least every half a month, on the day established by the internal labor regulations of the organization, labor or collective agreement. If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day. For certain categories of employees, federal law may establish other terms for the payment of wages.

Wages are paid directly to the employee, with some exceptions (for example, in case of disability, when the guardian has the right to receive wages for the ward). Wages are paid at the place of work or transferred to the bank account indicated by the employee. In the event that wages are transferred to a bank account, the collective agreement or employment contract must determine at whose expense the payment for services related to this operation is made.

The employer or the representatives duly authorized by him, who allowed the delay in the payment of wages to employees and other violations of wages, are liable in accordance with applicable law. The named persons may be brought to material and disciplinary liability in accordance with the procedure established by the Labor Code of the Russian Federation, to administrative liability - respectively, in the manner established by the Code of Administrative Offenses of the Russian Federation, to criminal liability - in accordance with the Criminal Code of the Russian Federation.

As a measure of self-protection of the labor rights of employees, the right to suspend work in case of delay in payment of wages for a period of more than 15 days is provided for the entire period until the payment of the delayed amount. A necessary condition for the suspension of work is a written warning to the employer about this. In this case, the suspension time is paid as downtime due to the fault of the employer.

48. TARIFF PAYMENT SYSTEMS

Tariff wage systems - systems of remuneration based on the tariff system of differentiation of wages of workers of various categories. The tariff system for differentiation of wages of employees of various categories includes: tariff rates, salaries (official salaries), tariff scale and tariff coefficients.

Tariff grid - a set of tariff categories of work (professions, positions), determined depending on the complexity of the work and the requirements for the qualifications of employees using tariff coefficients.

Tariff category - a value that reflects the complexity of work and the level of qualification of the employee.

Qualification category - a value that reflects the level of professional training of the employee.

Billing of works - assignment of types of labor to wage categories or qualification categories depending on the complexity of labor.

The complexity of the work performed is determined on the basis of their billing. The billing of work and the assignment of wage categories to employees are carried out taking into account the unified tariff and qualification directory of work and professions of workers, the unified qualification directory of positions of managers, specialists and employees. These reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation.

Tariff systems for remuneration of labor are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, taking into account the unified tariff-qualification guide for works and professions of workers, the unified qualification directory for the positions of managers, specialists and employees, and also taking into account state guarantees for wages.

Tariff systems for remuneration of employees of state and municipal institutions are established by collective agreements, agreements, local regulations:

- in federal state institutions - in accordance with federal laws and other regulatory legal acts of the Russian Federation;

- in state institutions of the constituent entities of the Russian Federation - in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation;

- in municipal institutions - in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.

49. CALCULATION OF THE AVERAGE WAGE

For all cases of determining the size of the average wage (average earnings) provided for by the Labor Code of the Russian Federation, uniform calculation procedure.

To calculate the average wage, all types of payments provided for by the wage system applied by the relevant employer are taken into account, regardless of the sources of these payments.

In any mode of operation average wage calculation of the employee is made on the basis of the wages actually accrued to him and the time actually worked by him for the 12 calendar months preceding the period during which the average wage is retained by the employee. In this case, the calendar month is the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive).

Average daily earnings for vacation pay and compensation for unused vacation is calculated for the last 12 calendar months by dividing the amount of accrued wages by 12 and by 29,4 (average monthly number of calendar days).

The average daily earnings for paying for vacations granted in working days, in the cases provided for by this Code, as well as for paying compensation for unused vacations, is determined by dividing the amount of accrued wages by the number of working days according to the calendar of the six-day working week. The collective agreement, local normative act may also provide for other periods for calculating the average wage, if this does not worsen the position of employees.

Employers, at their own expense, may establish more favorable conditions for employees in comparison with the legislation inclusion in the calculation of payments made in the billing period, including including in it in full and payments made for a period exceeding the billing period.

To calculate the average earnings of employees with a summarized account of working time, the average hourly earnings are used, which is determined by dividing the wages received by the employee in the billing period by the actual number of hours worked in it. After that, the average earnings are determined by multiplying the average hourly earnings by the number of hours worked in the period payable. The average earnings of employees with the summation of working hours for vacation pay is determined by multiplying the average hourly earnings by the number of hours worked per week, which is determined depending on the type of working hours with which the employee works, and then the resulting amount is multiplied by the number of weeks of vacation.

50. PAYMENT WHEN DEVELOPING FROM NORMAL WORK CONDITIONS

The remuneration of labor of workers employed in hard work, work with harmful and (or) dangerous and other special working conditions, employed in work in areas with special climatic conditions, is set at an increased rate compared to the tariff rates established for various types of work with normal working conditions, but not lower than the amounts established by laws and other regulatory legal acts.

When an employee with a time wage performs work of various qualifications, his work is paid for work of a higher qualification; when an employee with a piece-rate wage performs work of various qualifications, his work is paid at the rates of the work performed by him. In those cases when, taking into account the nature of production, workers with piecework wages are entrusted with the performance of work charged below the categories assigned to them, the employer is obliged to pay them the difference between the categories.

Remuneration of labor to an employee who performs additional work for the same employer along with his main job or performs the duties of a temporarily absent employee without releasing his main job, is made by additional payment for combining professions or performing the duties of a temporarily absent employee, taking into account the content and volume of additional work .

Pay for overtime work - for the first 2 hours of work at least one and a half times, for the next hours - at least twice the size. Wages on weekends and non-working holidays are paid at least double the amount.

Every hour of work at night paid at an increased rate compared to work in normal conditions.

Compensation for non-compliance with labor standards is made depending on the presence or absence of fault of the employee in non-compliance with labor standards. Payment for labor in the manufacture of products that turned out to be defective depends on the degree of suitability of the manufactured products and the degree of fault of the employee.

Downtime payment - if the employee warned the employer or his representatives in writing in a timely manner about the start of downtime, the downtime is paid in the amount of at least two-thirds of the average wage, if the downtime was due to the fault of the employer; in the amount of at least two thirds of the tariff rate of the category established for the employee, if the downtime occurred for reasons beyond the control of either the employee or the employer. Downtime due to the fault of the employee is not paid. Remuneration of labor when assigning new industries - for the period of mastering a new production, the employee retains his previous salary

51. PAYROLL DETENTIONS

The law provides payroll deduction list employee to pay off his debt to the employer:

1) to compensate for the unworked advance payment issued to the employee on account of wages;

2) to pay off an unspent and not returned in a timely manner advance payment issued in connection with a business trip or transfer to another job in another locality;

3) to return the amounts overpaid to the employee due to accounting errors, as well as the amounts overpaid to the employee, in the event that the body for consideration of individual labor disputes recognizes the employee's guilt for not performing work or idle time;

4) upon dismissal of an employee before the end of the working year, on account of which he has already received annual paid leave, for unworked vacation days. Deductions for these days are not made if the employee leaves due to:

- with the employee's refusal to transfer to another job, which is necessary for him in accordance with the medical report;

- with the liquidation of the organization, reduction in the number or staff of the organization's employees;

- non-compliance of the employee with the position held or the work performed due to the state of health in accordance with the medical report;

- change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

- calling an employee for military service or sending him to an alternative civilian service that replaces it;

- reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court;

- recognition of the employee as completely disabled in accordance with the medical report;

- death of an employee or employer - an individual;

- the onset of emergency circumstances that prevent the continuation of labor relations.

On behalf of employees, amounts are deducted from wages in payment of insurance payments under voluntary insurance contracts by non-cash settlements with insurance authorities. In this case, the deduction is made on the basis of lists and instructions submitted to the accounting department of the institution by the insurance agent in the prescribed manner.

With each payment of wages, the deduction cannot exceed 20%, and for several executive documents - 50% of the wages due to the employee. The amount of deductions cannot exceed 70% in the following cases: recovery of alimony for minor children; compensation for damage caused by the death of the breadwinner; compensation for harm caused to the health of another person; compensation for damage caused by a crime; while serving correctional labor.

52. BONUS EMPLOYEES. INCENTIVE PAYMENTS

Premium - a sum of money paid to an employee as an incentive for achievements in work. Can be distinguished permanent (installed on an indefinite circle of persons) and lump sum (established for a specific case) bonuses. The basis for establishing bonuses are the provisions on bonuses developed in each organization. They set:

1) the circle of persons subject to bonuses, and for what individual and collective indicators of their activities, i.e. bonus indicators;

2) the procedure for keeping records of the performance of bonus indicators;

3) the frequency and terms of payment of bonuses, remuneration, incentive bonuses and allowances;

4) the share of the wage fund allocated for the production of incentive payments, the procedure for accrual and payment, a list of omissions for which employees cannot be presented for bonuses;

5) scheme of workflow for bonuses;

6) a system of control over the correct and efficient use of the bonus fund.

Allowances and surcharges - an element of the tariff system, supplementing the tariff rates. Bonuses can be established for professional skills, long-term continuous work experience, for class, performance of special types of work, etc. A special place in the system of bonuses is occupied by bonuses for long service, which are established by civil servants, military personnel, etc.

Types of allowances and surcharges:

- centralized, established by law;

- local, installed in this production;

- established under a specific employment contract by agreement of the parties.

In a centralized manner, the following are established: northern allowances, regional coefficients, allowances for work in the field, for traveling nature of work, for work and residence in the Chernobyl accident zone, for class, for rank, academic degree and a number of other types.

Local allowances and surcharges and their sizes are established at the production site. They are paid only by this production.

In the public sector, the size of local allowances and additional payments of a stimulating nature is determined by the production itself within the limits of their funds for wages without limiting the maximum amount.

The procedure and amounts of remuneration for the heads of organizations, their deputies, as well as chief accountants in organizations that are financed from the federal budget, are determined by the Government of the Russian Federation; in organizations financed from the budget of a constituent entity of the Russian Federation - by state authorities of the corresponding constituent entity of the Russian Federation;

53. THE CONCEPT OF GUARANTEES AND COMPENSATIONS, THEIR TYPES

Warranties - means, methods and conditions by which the implementation of the rights granted to employees in the field of social and labor relations is ensured.

Distinguish between guarantee payments and guarantee surcharges. Guarantee payments are made to employees for the time when they actually did not perform their labor duties for a good reason. In fact, such payments replace all or part of the salary. Guarantee additional payments are made in addition to wages, that is, in excess of it.

Compensations - monetary payments established for the purpose of reimbursement to employees of the costs associated with the performance by them of labor or other duties provided for by federal law. In addition to the general guarantees and compensations provided for by the Labor Code of the Russian Federation, employees are provided with guarantees and compensations in the following cases:

1) when sent on business trips;

2) when moving to work in another area;

3) in the performance of state or public duties;

4) when combining work with education;

5) in case of forced termination of work through no fault of the employee;

6) when granting annual paid leave;

7) in some cases, termination of the employment contract;

8) due to a delay due to the fault of the employer in issuing a work book upon dismissal of an employee;

9) in other cases provided for by the Labor Code of the Russian Federation and other federal laws.

Other cases include the provision of guarantees and compensations: in case of transfer of an employee to another permanent lower-paid job (in case the transfer was carried out on the basis of a medical report, as well as in connection with an industrial injury or occupational disease); with temporary disability; in case of damage to health or in case of death of an employee due to an accident at work or occupational disease; employees undergoing a medical examination, if they are required to undergo medical examinations; donor employees on the day of donating blood and its components, as well as on the day of the related medical examination; employees sent for advanced training with a break from work in another area; employees whose personal property is used with the consent or knowledge of the employer and in his interests.

When providing guarantees and compensations, the corresponding payments are made at the expense of the employer. There may be cases of payment of guarantees and compensations by bodies and organizations in whose interests the employee performed state and public duties (juries, donors, etc.).

54. GUARANTEES WHEN SENDING EMPLOYEES ON BUSINESS TRAVEL AND MOVING TO WORK IN ANOTHER LOCATION

business trip - an employee's trip by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work. Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips. During a business trip, the performance of labor duties takes place outside the place of permanent work. Documentation of a business trip - issuance of the order of the head, on the basis of which a travel certificate is issued.

Women with children under 3 years of age, employees with disabled or disabled children from childhood (until they reach the age of 18), raising children under 5 years of age without a spouse, employees caring for sick family members are sent to the office business trip only with their written consent and provided that this is not prohibited by medical recommendations. Pregnant women and workers under the age of 18 (excluding creative workers) travel is prohibited. When an employee is sent on a business trip, he is guaranteed the preservation of his place of work (position) and average earnings, as well as reimbursement of expenses associated with a business trip. In the case of sending on a business trip, the employer is obliged to reimburse the employee: travel expenses; the cost of renting a dwelling; additional expenses associated with living outside the permanent place of residence (daily allowance); other expenses incurred by the employee with the permission or knowledge of the employer. The procedure and amount of reimbursement of expenses associated with business trips are determined by a collective agreement or a local regulatory act of the organization. When an employee moves, by prior agreement with the employer, to work in another locality, the employer is obliged to reimburse the employee:

1) expenses for the relocation of the employee, members of his family and the transportation of property;

2) expenses for settling in a new place of residence.

For employees whose permanent work is carried out on the road or has an itinerant nature, as well as employees working in the field or participating in expeditionary work, the employer compensates for the following related to business trips:

- travel expenses;

- the cost of renting a dwelling;

- additional expenses associated with living outside the place of permanent residence (daily allowance, field allowance);

- other expenses incurred by employees with the permission or knowledge of the employer.

55. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES COMBINING WORK WITH TRAINING

Employees who successfully study in higher educational institutions, in educational institutions of secondary vocational education, primary vocational education, persons studying in evening general educational institutions, as well as persons entering these educational institutions, are guaranteed and compensated by law associated with this training.

An employee admitted to the session is considered to be successfully trained. Guarantees and compensations for employees who combine work with education are provided upon receiving an education of the appropriate level for the first time. Employees who are sent for training by the employer or who independently enrolled in vocational education institutions, regardless of their organizational and legal forms in correspondence and evening forms of study, successfully studying in educational institutions of higher (secondary) vocational education, the employer is obliged to provide leave with the preservation of average earnings for:

1) passing intermediate certification in the first and second years - 40 (30) calendar days, respectively, in each of the subsequent courses - 50 (40) calendar days, respectively;

2) preparation and defense of the final qualifying work and passing the final state exams - 4 (2) months;

3) passing the final state exams - 1 month.

Guarantees and benefits are provided on the basis of certificate-call from the educational institution.

The employer is obliged to provide leave with pay:

1) employees admitted to entrance exams to educational institutions of higher (secondary) vocational education - 15 (10) calendar days;

2) employees - students of the preparatory departments of educational institutions of higher professional education to pass final exams - 15 calendar days;

3) employees studying in educational institutions of higher (secondary) vocational education in full-time education, combining study with work, for passing intermediate certification - 15 (10) calendar days in the academic year, for preparing and defending qualification work and passing final state exams - 4 (2) months, for passing the final state exams - 1 month.

Students in educational institutions of primary vocational education are provided with additional leave in the amount of 30 calendar days, in evening (shift) general educational institutions - for passing final exams in grade IX - 9 calendar days, in grade XI (XII) - 22 calendar days.

56. WORK DISCIPLINE AND INTERNAL LABOR REGULATIONS

Labor discipline - mandatory for all employees to comply with the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other laws, collective agreements, agreements, labor contracts, local regulations of the organization.

Exist different aspects understanding of labor discipline:

1) as a principle of labor law, where labor discipline is identified with the norms of labor legislation, which are aimed at maintaining order and discipline in the labor process;

2) as an element of labor relations, where labor discipline is understood as the subjective duty of participants in the labor process;

3) as an institution of labor law, where labor discipline acts as a set of legal norms that establish an internal labor schedule, fixing the mandatory rules of conduct for participants in the labor process and measures to ensure and comply with it;

4) as the actual behavior of the employee, i.e. the level of compliance with labor discipline in the team.

The basic rights and obligations of employees are enshrined in internal labor regulations of the organization (PVTR) - a local regulatory act regulating, in accordance with the Labor Code and other Federal Laws, the procedure for hiring and dismissing employees, basic rights, obligations, responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other issues of regulating labor relations In the organisation.

The PWTR of an organization is an annex to the collective agreement. They are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. The employer is obliged to familiarize the employee with the internal labor regulations in force in the organization when hiring him. PWTR should be available for familiarization of employees. For example, they contain the start and end times of work, breaks during the working day for rest and meals, responsibility for non-compliance with working hours, etc.

For certain categories of employees, there are charters and regulations on discipline, which are approved by the Government of the Russian Federation in accordance with federal laws (for example, the charter on the discipline of maritime transport workers). They operate in those industries where strict observance of labor discipline is especially important due to the fact that its violation can lead to extremely serious consequences.

In addition to the PWTR, the organization should have: staffing, job descriptions for employees, shift schedules, vacation schedules, rules and instructions for labor protection and safety, etc.

57. MEASURES OF INCENTIVES FOR WORK

Reward Method is one of the ways to ensure labor discipline. encouragement is the public recognition of the merits of the employee, his highly productive, high-quality work.

The law provides for the following types of incentives:

1) declaration of gratitude;

2) issuance of an award;

3) rewarding with a valuable gift;

4) submission to the title of the best in the profession;

5) awarding an honorary diploma.

In specific industries and areas of activity, incentive measures are specified in relation to the specifics of working conditions. In addition, measures to encourage employees for conscientious work are determined by a collective agreement or internal labor regulations.

Incentives can be categorized as:

a) by the method of influencing employees: moral and material;

b) on registration and consolidation in legal acts: legal and non-legal;

c) by scope and application: general and special;

d) according to the social significance of the employee's merits: rewards for success in work and rewards for special labor merits.

For special labor achievements, employees can be presented for state awards. This type is the highest form of encouragement for citizens, used for outstanding services in the defense of the Fatherland, state building, science, economics, culture, art, education, health care, etc.

The Constitution of the Russian Federation establishes that the right to establish state awards and honorary titles of the Russian Federation belongs to the state authorities of the Russian Federation. The President of the Russian Federation has the right to award state awards of the Russian Federation and confer honorary and higher special titles of the Russian Federation, who also issues decrees on the establishment of state awards, on awarding state awards, and presents these awards. On behalf of the President of the Russian Federation and on his behalf, state awards can be presented by the heads of federal bodies of state power, the head of the Office of the President of the Russian Federation for state awards, heads of state authorities of the constituent entities of the Russian Federation, authorized representatives of the President of the Russian Federation, etc.

It is also possible to assign more than one, but not several types of incentives, for example, awarding a certificate of honor and issuing a bonus for conscientious performance of labor duties, announcing gratitude and rewarding with a valuable gift.

Incentives are issued by order of the employer. According to the norms of the Labor Code of the Russian Federation, the employer is not required to enter information about incentives in work books, however, this information must be reflected in the employee's personal card.

58. DISCIPLINARY RESPONSIBILITY: CONCEPT, TYPES

Disciplinary responsibility - a type of legal liability that provides for state condemnation (reprimand) for committing a disciplinary offense in the form of a disciplinary sanction.

The basis disciplinary action is disciplinary offense - non-performance or improper performance due to the fault of the employee of the labor duties assigned to him. The composition of a disciplinary offense is an object, an objective side, a subject, a subjective side. The object of a disciplinary offense is what the violator encroaches on (internal labor regulations, property of the organization). The objective side of a disciplinary offense is illegal actions (inaction), harmful consequences and a causal relationship between these actions (inaction) and the harmful consequences that have occurred. The subject of a disciplinary offense is an employee who is in a specific labor relationship with the employer and who has violated labor discipline. The subjective side of a disciplinary offense contains guilt, expressed in the form of intent and negligence.

For violation of labor discipline, the administration may apply the following disciplinary sanctions:

a) remark;

b) reprimand;

c) dismissal.

Federal laws, charters and regulations on discipline for certain categories of employees may provide for other disciplinary sanctions.

Dismissal is possible in the following cases:

1) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

2) a single gross violation of labor duties by an employee;

3) the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;

4) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

5) making an unreasonable decision by the head of the organization, his deputies and the chief accountant, which resulted in a violation of the safety of property, its unlawful use or other damage to the property of the organization;

6) a single gross violation by the head of the organization, his deputies of their labor duties;

7) submission by the employee to the employer of false documents or deliberately false information when concluding an employment contract;

8) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization;

9) in other cases established by the Labor Code of the Russian Federation and other federal laws.

59. RULES FOR THE APPLICATION OF DISCIPLINARY PENALTY

A prerequisite for the application of disciplinary measures is employee's fault, which can manifest itself in two forms: intent or negligence.

The commission of a disciplinary offense in the form of intent means that the employee is aware of the unlawfulness of his actions, wants to attack, but at the same time deliberately violates the labor schedule established at the enterprise. Committing an offense through negligence, the employee, acting unlawfully, does not foresee the harmful consequences of his actions, although he must foresee them, or foresees such consequences, but frivolously hopes to prevent them.

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 after two working days, an appropriate act is drawn up, which records the fact of refusal. The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.

Disciplinary action applied no later than one month from the date of its discovery, and also no later than 6 months from the date of commission of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees. For each disciplinary offense, only one disciplinary sanction may be applied.

Disciplinary action removed after one year from the moment the sanction was imposed, but on the condition that within a year from the date of application of the disciplinary sanction, the employee was not subjected to a new disciplinary sanction. The Labor Code of the Russian Federation provides for the possibility of early removal of a disciplinary sanction from an employee, for example, at the request of his immediate supervisor or a representative body of employees.

The Labor Code of the Russian Federation regulates the possibility of bringing to disciplinary responsibility the head of an organization, structural unit, their deputies at the request of the representative body of employees. The employer is obliged to consider the application of the representative body of employees about the violation by these persons 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 employees. If the facts of violations are confirmed, the employer is obliged to apply a disciplinary sanction to the head of the organization, his deputies, up to and including dismissal. The procedure for applying disciplinary sanctions to the head of the organization, his deputy is the same as that provided for the application of penalties to employees.

60. THE CONCEPT OF LABOR SAFETY. THE RIGHT OF THE WORKER TO OCCUPATIONAL SAFETY

In a broad sense occupational Safety and Health - this is a system for preserving the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

In a narrow sense, labor protection - one of the principles of labor law, a legal institution, the subjective right of each employee to working conditions that meet the requirements of safety and hygiene in a specific labor relationship.

As an institution of labor law - a set of norms aimed at ensuring working conditions that are safe for the life and health of workers, mandatory for employers, regardless of the form of ownership, and their officials. Article 37 of the Constitution of the Russian Federation establishes that everyone has the right to work in conditions that meet the requirements of safety and hygiene.

The employee realizes the right to labor protection in the course of his labor activity. The content of the right to labor protection includes

the employee's right to:

1) a workplace that meets the requirements of labor protection;

2) compulsory social insurance against industrial accidents and occupational diseases;

3) refusal to perform work in case of danger to his life and health due to violation of labor protection requirements;

4) provision of means of individual and collective protection at the expense of the employer;

5) training in safe working methods at the expense of the employer;

6) professional retraining at the expense of the employer in case of liquidation of the workplace due to violation of labor protection requirements;

7) appeal to state authorities and local self-government bodies, to the employer, to trade unions on labor protection issues;

8) personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace;

9) an extraordinary medical examination in accordance with medical recommendations;

10) compensations established by law, collective agreement, agreement, labor contract, if the employee is engaged in hard work and work with harmful and (or) dangerous working conditions.

Social value - labor protection helps to improve the health of workers from harmful and dangerous production factors.

The legal meaning of labor protection is the legal regulation of work according to abilities, taking into account the severity of working conditions, the physiological characteristics of the female body, the body of adolescents and the ability to work of disabled people.

61. ORGANIZATION OF LABOR SAFETY

The organization of labor protection consists of state administration, labor protection authorities, its planning and financing, preventive supervision and investigation of accidents at work, their prevention and accounting.

State management of labor protection is carried out The Government of the Russian Federation, federal executive authorities and executive authorities of the constituent entities of the Russian Federation in the field of labor protection within their powers. State management in the field of labor protection is expressed in the implementation of the main directions of state policy in this area, the development of regulations, the approval of requirements for the means of production, technologies and labor organization, ensuring healthy and safe working conditions for workers.

Each organization with more than a hundred employees contains in its structure labor protection service or the position of a labor protection specialist in order to ensure compliance with labor protection requirements, to monitor their implementation. For the position of a labor protection specialist, for example, persons who have the qualification of an labor protection engineer, or specialists with a higher professional (technical) education who have undergone special training in labor protection, are appointed.

In an organization with less than 100 employees, the employer, as a rule, concludes an agreement with specialists or with organizations providing services in the field of labor protection. The structure and number of employees of the labor protection service is determined by the head of the organization. At the same time, it takes into account the number of employees, the nature of working conditions, the degree of danger of production and other factors, taking into account the Intersectoral standards for the number of employees of the labor protection service in organizations. Labor protection committees are created in organizations. They include representatives of workers and employers. The number of members of the committee may be determined depending on the number of employees at the enterprise, the specifics of production, the structure and other features of the enterprise, by mutual agreement of the parties representing the interests of employers and employees (labor collective).

Financing of measures to improve working conditions and labor protection is carried out at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, extra-budgetary sources. In addition, financing of measures to improve working conditions and labor protection can be carried out at the expense of funds from fines levied for violations of labor laws, voluntary contributions from organizations and individuals.

62. STATE EXAMINATION OF WORKING CONDITIONS

The state examination of working conditions is carried out by the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, and by the executive authorities of the constituent entities of the Russian Federation in the field of labor protection in the manner established by the Government of the Russian Federation.

State examination of working conditions is carried out in order to assess:

- the quality of certification of workplaces in terms of working conditions;

- the correctness of providing employees with compensation for hard work, work with harmful and (or) dangerous working conditions;

- compliance of projects for construction, reconstruction, technical re-equipment of production facilities, production and introduction of new equipment, introduction of new technologies with state regulatory requirements for labor protection;

- the actual working conditions of employees, including the period immediately preceding the accident at work.

The examination is carried out on the basis of rulings of judicial authorities, appeals of executive authorities, employers, associations of employers, employees, trade unions, their associations, other representative bodies authorized by employees, bodies of the Social Insurance Fund of the Russian Federation.

Persons carrying out state examination of working conditions have the right to:

- in the manner prescribed by law, without hindrance, in the presence of a certificate of the established form, to visit any employers for the examination;

- request and receive free of charge the documents and other materials necessary for the examination;

- carry out appropriate observations, measurements and calculations with the involvement, if necessary, of research (measuring) laboratories accredited in the manner prescribed by federal laws and other regulatory acts of the Russian Federation.

Persons carrying out state examination of working conditions are obliged to:

- draw up, based on the results of the examination, conclusions on the compliance (non-compliance) of working conditions with state regulatory requirements for labor protection and send these conclusions to the court, executive authorities, employers, associations of employers, employees, trade unions, their associations, other representative bodies authorized by employees, bodies RF Social Insurance Fund;

- ensure the objectivity and validity of the conclusions set out in the conclusions;

- ensure the safety of documents and other materials received for the examination, and the confidentiality of the information contained in them.

63. INVESTIGATION AND RECORDING OF ACCIDENTS AT WORK

Subject to investigation and accounting accidents at work that have occurred with workers and other persons. To investigate the accident, a commission consisting of at least three people is created. It includes a labor protection specialist, representatives of the employer, representatives of employees. The commission is headed by the employer or a representative authorized by him.

In case of major accidents with a death toll of 15 or more people, the investigation is carried out by a commission, the composition of which is approved by the Government of the Russian Federation.

When investigating an accident The employer, at his own expense, provides:

1) performance of technical calculations, laboratory research, testing, other expert work and the involvement of specialist experts for this purpose;

2) photographing the scene and damaged objects, drawing up plans, sketches, diagrams;

3) provision of transport, office space, means of communication, special clothing and footwear, etc.

Accident documented which is made in duplicate. In case of a group accident at work, an act is drawn up for each victim separately. The act sets out in detail the circumstances and causes of the accident at work, indicates the persons who committed violations of safety and labor protection requirements. The act is signed by the members of the commission, approved by the employer, certified by a seal and registered in the register of accidents at work. Within three days after the approval of the act, the victim must receive one copy of the act. In the event of a fatal accident, a copy of the act is received by relatives or a trustee of the deceased. The second copy, together with the materials of the investigation of the accident, is kept at the place of work of the victim for 45 years. Acts on the investigation of a group accident at work, a severe accident at work and a fatal accident, together with the investigation documents, are sent to the prosecutor's office within 3 days after their approval.

When revealing a hidden accident at work, the state labor protection inspector conducts an investigation of this accident, regardless of its limitation period and, as a rule, with the involvement of a trade union labor inspector, and, if necessary, a representative of another state supervision body.

According to the results of the investigation the state inspector for labor protection draws up a conclusionand also issues instructions that are binding on the employer.

64. LIABILITY: THE CONCEPT AND CONDITIONS OF ITS APPEARANCE

Material liability - the obligation of the party to the employment contract that caused damage (harm) to the other party, to compensate for it in the amount and in the manner prescribed by law.

The legislator provides for the liability of the employer and employee. The contractual liability of the employer to the employee cannot be lower, and the employee to the employer - higher than provided for by the Labor Code of the Russian Federation.

It is necessary to distinguish material liability under labor law from material, that is, property, liability under civil law. The difference is as follows:

1) only a party to an employment contract, i.e. an employee or an employer, can be subject to liability under labor law;

2) according to labor legislation, real, actual damage is subject to recovery, and lost income is not subject to recovery;

3) in labor law, the amount of reimbursable damage caused through the fault of several employees is determined for each, taking into account the degree of his fault;

4) the norms of labor law establish a special procedure for recovering damages that do not exceed the average monthly earnings. The collection is made at the direction of the employer. A party to an employment contract may be held liable under a combination of certain conditions. These include :

1) the presence of damage;

2) unlawful behavior (action or inaction) of the tortfeasor;

3) causation;

4) the fault of the inflictor of damage.

Direct actual damage - real actual damage caused to cash property. It can be expressed in damage to property, lack of material values, appropriation, loss, decrease in value, the need to incur costs for the restoration of property or its acquisition, in excessive cash payments or in case of compensation for damage to third parties.

Illegal there will be an employee's behavior if it violates certain norms and rules.

Causal relationship between actions (inaction) and the resulting harmful consequences means that the harm was caused precisely as a result of these specific actions (inaction) of the employee or employer.

Fault may be in the form of intent or negligence. For the occurrence of liability, the form of guilt does not matter, but the amount of the indemnified damage depends on it. The effect of material liability continues even after the dismissal of the employee, if the damage was caused during the validity of the employment contract. The material liability of the employee is excluded in case of damage due to force majeure, extreme necessity, etc.

65. CASES AND RULES FOR APPLICATION OF FULL PERSONAL LIABILITY OF EMPLOYEES

Full financial responsibility of the employee - the obligation to compensate the direct actual damage caused to the employer in full. Full liability may be imposed on the employee only in cases provided for by law:

1) if, in accordance with the Labor Code of the Russian Federation or other Federal Laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee;

2) shortage of valuables entrusted to the employee 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 in a state of alcoholic, narcotic or toxic intoxication;

5) causing damage as a result of the criminal actions of the employee, established by a court verdict;

6) infliction of damage as a result of an administrative offense, if such is established by the relevant body;

7) disclosure of information constituting a legally protected secret (official, commercial, other), in cases provided for by federal laws;

8) infliction of damage not in the performance of work duties by the employee.

Employees under the age of 18 bear full liability only for intentional damage, for damage caused while under the influence of alcohol, narcotic or toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.

Full liability under an individual agreement occurs with the simultaneous presence of following conditions:

1) the employee has reached the age of 18;

2) the employee holds a position or performs work specified in a special list;

3) a special written contract has been concluded with the employee in accordance with the established procedure;

4) the property was entrusted to the employee, he received an account, but he did not ensure its safety.

In the absence of one of these conditions, the employee bears limited liability.

Contracts on full material liability are concluded with employees who have reached the age of 18 and directly service or use monetary, commodity values or other property. The conclusion of such an agreement with persons under the age of 18 does not mean that in case of damage they are exempted from liability - they will be responsible within the limits of their average monthly earnings. The full liability agreement is drawn up in two copies. One copy is with the employee, the other is with the employer.

66. DETERMINATION OF THE AMOUNT OF DAMAGE CAUSED BY AN EMPLOYEE

The amount of damage caused to the employer in the event of loss and damage to property is determined on the basis of actual losses calculated on the basis of market prices in force in the area on the day the damage was caused, but not less than the value of the property, taking into account the degree of wear and tear of this property.

Damage - this is a real decrease or deterioration in the state of the employer's cash property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to incur costs or excessive payments for the acquisition or restoration of property.

Market value represents the most probable price at which the object of valuation can be alienated on the open market in a competitive environment, when the parties to the transaction act reasonably, having all the necessary information, and any extraordinary circumstances do not affect the value of the transaction.

The amount of damage caused by the shortage of all types of tickets, coupons, subscriptions and other signs that are intended for settlement with the public for services is determined by the nominal value indicated on them. In case of causing damage by several persons, the amount of damage is determined for each of them, taking into account the degree of fault, type and limit of liability.

Federal law may establish special order determining the amount of damage to be compensated caused to the employer by theft, deliberate 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 amount.

Before making a decision on compensation for damages by specific employees, the employer is obliged to conduct a thorough check to determine the amount of damage caused and the reasons for its occurrence. To carry out an inspection, the employer has the right to establish a commission with the participation of relevant specialists in order to establish a more accurate and objective assessment of the amount and causes of damage. Requesting an explanation from the employee in writing to establish the cause of the damage is mandatory.

Damage proof document and its size may be an audit report, an inventory report or another document. The employee or his representative has the right to get acquainted with the materials of the audit and, in case of disagreement with the results of the audit, has the right to apply to the labor dispute resolution bodies. The current legislation provides for the possibility for the employer to refuse to recover material damage from the employee.

67. RECOVERY OF DAMAGE CAUSED BY AN EMPLOYEE

Recovery of damages from the employee can be made in the following ways listed in the law:

1) voluntary compensation for damage;

2) compensation for damage by deduction from wages by order of the administration;

3) compensation for damage in a judicial proceeding.

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, payment by installments may be stipulated.

In this case, the employee is obliged to submit to the employer a written obligation to compensate for the damage, indicating specific payment terms. The transfer of equivalent property for compensation of damage or the correction of damaged property is allowed only with the consent of the employer.

Compensation for damage by an employee in an amount not exceeding the average monthly earnings is made by order of the employer, which can be done no later than one month from the date the employer finally determines the amount of damage caused.

Recovery of damages is carried out in a judicial proceeding if:

1) it is impossible to recover damages by order, i.e. when the deadline for issuing the order has passed or in case of dismissal of the employee;

2) the employee does not agree to voluntarily compensate for the damage;

3) the amount of damage caused, subject to recovery from the employee, exceeds his average monthly earnings;

4) the employee has not reimbursed the costs incurred by the employer when sending him to study at the expense of the employer;

5) the employer compensated the damage caused by the employee to third parties and filed a recourse claim against the guilty employee.

The right to apply to the court in disputes on compensation by the employee for harm caused to the organization is retained by the employer for one year from the date of discovery of this harm. The right to apply to the court is also assigned to the employee if the employer does not comply with the procedure for recovering damages established by the legislator.

Bringing an employee to administrative, disciplinary or criminal liability does not exempt him from liability, and vice versa.

The labor dispute resolution body may, taking into account the degree and form of fault, the financial situation of the employee and other circumstances, reduce the amount of damage to be recovered from the employee. In the event that it is established that the damage arose not only through the fault of the employee, but also through the fault of officials, the relevant authority may lay responsibility on these persons.

Reduction of the amount of damage to be recovered from the employee is not carried out if the damage was caused by a crime committed for mercenary purposes.

68. MATERIAL RESPONSIBILITY OF THE EMPLOYER TO THE EMPLOYEE

Employer obliged to reimburse the employee earnings not received by him in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if income not received as a result :

- unlawful removal of an employee from work, his dismissal or transfer to another job;

- the employer's refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee in his previous job;

- delays by the employer in issuing a work book to an employee, entering into the work book an incorrect or inconsistent wording of the reason for dismissal of an employee (i.e., the employer is obliged to reimburse the employee for earnings that he did not receive. In this case, the day of dismissal is considered the day the work book was issued).

The employee's claim for damages 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 decision of the employer or does not receive a response within the prescribed period, the employee has the right to go to court.

If the employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from not amounts paid on time for each day of delay from the next day after the due date of payment up to and including the day of actual settlement. The amount of compensation paid to the employee can be increased by a collective agreement or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

An employer who has caused damage to an employee's property shall compensate this damage in full. The amount of damage is calculated at market prices in force in the given area on the day of compensation for damage. With the consent of the employee, the damage can be compensated in kind.

Moral injury, caused to the employee by unlawful actions or inaction of the employer, reimbursed to the employee in cash in the amount determined by the agreement of the parties to the employment contract.

In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation.

69. LEGAL REGULATION OF PROFESSIONAL TRAINING, RETRAINING AND PROFESSIONAL DEVELOPMENT OF EMPLOYEES

Employees have the right to vocational training, retraining and advanced trainingincluding training for new professions and specialties.

This right is exercised by concluding an additional agreement between the employee and the employer. The need for professional training and retraining of personnel for their own needs is determined by the employer. The employer conducts vocational training, retraining, advanced training of employees, training them for second professions in the organization, and, if necessary, in educational institutions of primary, secondary, higher professional and additional education on the terms and in the manner determined by the collective agreement, agreements, labor contract.

Forms of vocational training, retraining and advanced training of employees, the list of necessary professions and specialties are determined by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations. When issuing local acts on the forms of vocational training, retraining and advanced training, authorized representatives of the employer must go through the procedure for taking into account the opinion of the representative body of employees. Violation of this obligation by the employer may become the basis for recognizing the issued local act as invalid. The employer is obliged to carry out advanced training of employees if this is a condition for the employees to perform certain types of activities. For employees undergoing professional training, the employer must create the necessary conditions for combining work with training, provide guarantees established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract.

The principles of the named institute stem from the content of ch. 31 of the Labor Code of the Russian Federation, where the general rules are placed:

1) determining the forms of retraining, training and advanced training of employees directly in the organization;

2) determination of the content of training, retraining and advanced training through the voluntary expression of the will of the employer and the person undergoing training;

3) the inadmissibility of the deterioration of the position of employees in the field of vocational training, retraining and advanced training in comparison with the current legislation.

70. STUDENT CONTRACT

Employer - a legal entity (organization) has the right to conclude a student contract for vocational training with a job seeker, and with an employee of this organization - student contract for vocational training or retraining on the job or on the job. The apprenticeship contract is supplementary to the employment contract. The student agreement must contain: the name of the parties; an indication of a specific profession, specialty, qualification acquired by the student; the obligation of the employer to provide the employee with the opportunity to study in accordance with the student agreement; the obligation of the employee to undergo training and, in accordance with the acquired profession, specialty, qualification, work under an employment contract with the employer for the period specified in the student agreement; period of apprenticeship; the amount of payment during the period of apprenticeship.

The student agreement may contain other conditions determined by agreement of the parties. It is concluded for the period necessary for the training of this profession, specialty, qualification, in writing in two copies. It is valid from the day specified in this agreement, within the period stipulated by it, and is extended for the duration of the student's illness, military training, and in other cases provided for by federal laws and other regulatory legal acts of the Russian Federation. During the term of the student agreement, its content can only be changed by agreement of the parties.

Discipleship is organized in the form individual, brigade, coursework and in other forms.

Apprenticeship time during the week should not exceed the norm of working time established for employees of the appropriate age, profession, specialty when performing the relevant work. Employees undergoing training in the organization, by agreement with the employer, can be completely exempted from work under an employment contract or perform this work on a part-time basis. During the period of the apprenticeship contract, employees cannot be attracted work overtime, be sent on business trips not related to apprenticeship. Pupils during the period of apprenticeship are paid a scholarship, the amount of which is determined by the student agreement and depends on the profession, specialty, qualification received, but cannot be lower than the minimum wage established by federal law.

The work performed by the student in practical classes is paid according to the established rates. The student agreement is terminated at the end of the term of study or on the grounds provided for by this agreement.

71. LEGAL REGULATION OF THE WORK OF WOMEN AND PERSONS WITH FAMILY RESPONSIBILITIES

The lists of industries, jobs and positions with harmful and (or) dangerous working conditions, where the use of women's labor is limited, and the maximum allowable load standards for women when lifting and moving weights manually are approved in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission on regulation of social and labor relations.

Pregnant women in accordance with a medical report and upon their application, the norms of output, service norms are reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from their previous job. Until a pregnant woman is provided with another job, she is subject to release from work with the preservation of the average earnings for all missed working days as a result of this at the expense of the employer.

Women with children under the age of one and a half years, in case of impossibility of performing the previous work, are transferred upon their application to another job with wages for the work performed, but not lower than the average earnings for the previous work until the child reaches the age of one and a half years.

Working women with children under the age of one and a half years are provided, in addition to a break for rest and meals, additional breaks for feeding a child at least every 3 hours for at least 30 minutes each.

If a working woman has two or more children under the age of one and a half years, the duration of the nursing break is set at least 1 hour. and at the end of the working day with a corresponding reduction. Nursing breaks are included in working hours and are payable in the amount of average earnings.

Are forbidden sending pregnant women on business trips, engaging in overtime work, night work, weekends and non-working holidays. An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother raising a child under the age of 14, a father raising a child under the age of 14 without a mother, by a collective agreement additional annual leave without pay can be established at a time convenient for them for up to 14 calendar days.

72. LEGAL REGULATION OF THE LABOR OF MINORS

The list of jobs for which the use of labor of workers under the age of 18 is prohibited, as well as the maximum norms of gravity, are approved in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Labor is prohibited persons under the age of 18 at work with harmful and (or) dangerous working conditions, at underground work, as well as at work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs, production , transportation and trade in alcoholic beverages, tobacco products, narcotic and other toxic drugs).

Are forbidden carrying and moving by workers under the age of 18 years of weights exceeding the limits established for them.

Persons under the age of 18 are hired only after a preliminary mandatory medical examination, and further, until they reach the age of 18, they are subject to an annual mandatory medical examination.

Mandatory medical examinations funded by the employer.

Annual basic paid leave for employees under the age of 18 is provided for 31 calendar days at a time convenient for them.

Are forbidden assignment on business trips, involvement in overtime work, work at night, on weekends and non-working holidays of employees under the age of 18 (with the exception of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional athletes in accordance with the lists of jobs, professions, positions of these workers). For workers under the age of 18, the output norms are established on the basis of the general output norms in proportion to the reduced working hours established for these employees.

Salary:

1) in case of time wages - taking into account the reduced duration of work;

2) in case of piece work - according to the established piece rates;

3) when studying in general educational institutions, educational institutions of primary, secondary and higher vocational education and working in their free time - in proportion to the hours worked or depending on output.

73. LEGAL REGULATION OF THE LABOR OF PERSONS WORKING PART-TIME

Part-time job - performance by the employee of other regular paid work on the terms of an employment contract in his free time from his main job.

The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law. Part-time work can be performed by an employee both at the place of his main job and with other employers. The employment contract must indicate that the work is part-time. It is not allowed to work part-time for persons under the age of 18, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Working hours when working part-time should not exceed 4 hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees.

Work hours restrictions time when working part-time do not apply in cases where the employee has suspended work at the main place of work in accordance with Part 2 of Art. 142 of the Labor Code of the Russian Federation or suspended from work in accordance with Part 2 or Part 4 of Art. 73 of the Labor Code of the Russian Federation. Remuneration for the labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract. When establishing for persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed. Persons who work part-time in areas where regional coefficients and wage supplements are established, remuneration is made taking into account these coefficients and supplements.

An employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired, for whom this work will be the main one, of which the employer notifies the specified person in writing at least two weeks before the termination of employment. contracts.

74. LEGAL REGULATION OF THE WORK OF TEMPORARY AND SEASONAL WORKERS

Features of the regulation of the labor of workers employed in seasonal work are provided for in Ch. 46 of the Labor Code of the Russian Federation.

Works are considered seasonalwhich, due to natural and other climatic conditions, are carried out within a certain period (season) not exceeding 6 months. Lists of seasonal work, including individual seasonal work, which can be carried out during a period (season) exceeding 6 months, and the maximum duration of these individual seasonal work are determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership.

An employment contract for seasonal work is concluded according to general rules. In a written employment contract, there must be an indication of the seasonal nature of the work.

Features of the legal regulation of labor. The condition of the seasonal nature of the work must be specified in the employment contract. When hiring workers for seasonal work, a test cannot exceed two weeks. Employees engaged in seasonal work are provided with paid leave at the rate of two working days for each month of work. Seasonal workers on the basis of Art. 295 of the Labor Code of the Russian Federation exercise the right to leave on a general basis, that is, after 6 months of work. This leave can also be granted to them with subsequent dismissal at the end of the term of the employment contract.

An employee engaged in seasonal work is obliged to notify the employer in writing of the early termination of the employment contract 3 calendar days in advance. The employer is obliged to notify the employee engaged in seasonal work of the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees in writing against signature at least seven calendar days in advance. Upon termination of an employment contract with an employee engaged in seasonal work in connection with the liquidation of the organization, reduction in the number or staff of the organization's employees, severance pay is paid in the amount of two weeks of average earnings.

Seasonal workers are involved in work on weekends and non-working holidays on a general basis. The performance of these works can be compensated by them both with increased pay and with the provision of other rest time, the duration of which cannot be less than the time worked on the indicated days. Seasonal work in the insurance period must be taken into account for the full calendar year. That is, the off-season period is included in the length of service of a seasonal worker.

75. LEGAL REGULATION OF THE WORK OF PERSONS WORKING ON A CRASH METHOD

Shift method - a special form of carrying out the labor process outside the place of permanent residence of employees, when their daily return to the place of permanent residence cannot be ensured. The shift method is used when the place of work is significantly removed from the place of permanent residence of employees or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activity.

Workers involved in shift work while staying at the production facility live in shift camps specially created by the employer, which are a complex of buildings and structures designed to ensure the livelihoods of these workers during their work and shift between shifts, or in adapted for these goals and hostels and other residential premises paid for by the employer.

For work performed on a rotational basis, cannot be attracted employees under the age of 18, pregnant women and women with children under the age of 3, as well as persons who have contraindications to work on a rotational basis in accordance with a medical report.

Watch duration should not exceed one month. In exceptional cases, at individual facilities, the duration of the shift may be increased by the employer up to 3 months, taking into account the opinion of the elected body of the primary trade union organization.

With the rotational method of work, a summarized accounting of working time is established for a month, quarter or other longer period, but not more than for one year. The accounting period covers all working time, travel time from the location of the employer or from the collection point to the place of work and back, as well as rest time falling on this calendar period of time.

Working hours and rest time within the accounting period regulated shift work schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization, and is brought to the attention of employees no later than 2 months before its entry into force. Each day of rest in connection with the processing of working time within the limits of the shift work schedule is paid in the amount of the daily tariff rate, the daily rate, unless a higher payment is established by a collective agreement, a local regulatory act or an employment contract.

76. LEGAL REGULATION OF THE LABOR OF PERSONS WORKING IN THE EXTREME NORTH AND EQUIVALENT LOCATIONS

The conclusion of an employment contract with persons recruited to work in the regions of the Far North and areas equated to them from other areas is allowed if they have a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation on the absence of contraindications for work and residence in these areas and localities.

Persons working in the regions of the Far North and areas equated to them, a percentage bonus is paid to wages for the length of service in these areas or areas. The amount of the percentage bonus to wages and the procedure for its payment are established in the manner determined by Art. 316 of the Labor Code of the Russian Federation to establish the size of the district coefficient and the procedure for its application.

For women working in the Far North and areas equated to them, a 36-hour working week is established by a collective agreement or an employment contract, unless a shorter working week is provided for them by federal laws.

At the same time, wages are paid in the same amount as for a full-time work week. One of the parents (guardian, trustee, adoptive parent) working in the regions of the Far North and equivalent areas, having a child under the age of 1 years, upon his written application, is given an additional day off every month without pay. For persons working in organizations financed from the federal budget located in the regions of the Far North and equivalent areas, a collective agreement may provide for payment at the expense of the organization's funds of the cost of travel within the territory of the Russian Federation for medical consultations or treatment if there is an appropriate medical certificate issued by in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, if appropriate consultations or treatment cannot be provided at the place of residence.

Salary in the regions of the Far North and areas equated to them is carried out using regional coefficients and percentage bonuses to wages. The size of the district coefficient and the procedure for its application for calculating the wages of employees are established by the Government of the Russian Federation. A regulatory legal act of a constituent entity of the Russian Federation may establish a limit on the increase in the regional coefficient.

77. LEGAL REGULATION OF THE WORK OF PEDAGOGICAL WORKERS

К pedagogical activity persons with an educational qualification, which is determined in the manner established by the model regulations on educational institutions of the corresponding types and types, approved by the Government of the Russian Federation, are allowed. Employment contracts for filling positions of scientific and pedagogical workers in a higher educational institution can be concluded both for an indefinite period and for a period determined by the parties to the employment contract.

The conclusion of an employment contract for filling the position of a scientific and pedagogical worker in a higher educational institution, as well as the transfer to the position of a scientific and pedagogical worker, is preceded by election by competition for filling the corresponding position. A competition for filling the position of a scientific and pedagogical worker occupied by an employee with whom an employment contract has been concluded for an indefinite period is held once every five years.

There is no competition for positions:

- Dean of the faculty and head of the department;

- scientific and pedagogical workers employed by pregnant women;

- scientific and pedagogical workers employed under an employment contract concluded for an indefinite period by women with children under the age of 3 years.

If an employee holding the position of a scientific and pedagogical worker under an employment contract concluded for an indefinite period, according to the results of the competition, did not select a position or did not express a desire to participate in the specified competition, then the employment contract with him is terminated in accordance with paragraph 4 of Art. 336 of the Labor Code of the Russian Federation.

The positions of the dean of the faculty and the head of the department are elective. The procedure for conducting elections for these positions is established by the charters of higher educational institutions. The positions of the rector, vice-rectors, heads of branches (institutions) are filled by persons under the age of 65, regardless of the time of conclusion of employment contracts. Persons who have reached the age of 65 are transferred with their written consent to other positions.

For teaching staff reduced working hours - no more than 36 hours per week.

The teaching load of a pedagogical worker, stipulated in an employment contract, may be limited by the upper limit in cases provided for by the model regulation on an educational institution of the appropriate type and type, approved by the Government of the Russian Federation.

Pedagogical workers are provided with an annual basic extended paid leave, the duration of which is established by the Government of the Russian Federation.

78. PROTECTION OF LABOR RIGHTS AND FREEDOMS

Everyone has the right to protect their labor rights and freedoms by all means not prohibited by law.

The main ways to protect labor rights and freedoms are:

a) self-defense of labor rights by employees;

b) protection of labor rights and legitimate interests of workers by trade unions;

c) state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms;

d) judicial protection.

Principles of the institution of self-defense:

1) the right of employees to protect their interests in ways not prohibited by law;

2) the obligation of employers not to impede the exercise of self-protection of labor rights;

3) the establishment of state guarantees for the exercise by employees of self-defense of labor rights.

The trade union can carry out activities to protect the labor rights of specific workers. When protecting the rights and interests of specific workers, the trade union is bound by the principle of discretion, which means that the rights and freedoms of a citizen cannot be realized without his will. When protecting the rights of specific citizens, the trade union has only general powers.

Among the general powers may include the expression of a position by the trade union in protecting the rights of specific workers, the presentation of their own evidence in order to protect the rights of specific workers, the presence of representatives of the trade union when considering applications of specific workers by authorized bodies and organizations.

The direction of activity of trade unions for the protection of social and labor rights and interests is union demands in the interests of an indefinite circle of citizens. The presentation of these requirements is not connected with the indication of specific citizens whose rights are protected by the trade union. The trade union carries out activities to protect an indefinite circle of persons by participating in the development of regulatory legal acts, demanding the abolition of regulatory legal acts that detract from the social and labor rights and interests of citizens guaranteed in legally superior regulatory legal acts.

In each specific case of the application of a federal law that violates labor rights enshrined in the Labor Code, these actions can be appealed in court. Based on h.1 Article. 392 of the Labor Code of the Russian Federation, an employee has the right to apply to the court for resolution of an individual labor dispute within 3 months from the day when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date he was served with a copy of the order on dismissal or from the date of issue of the work book

79. STATE SUPERVISION AND CONTROL OVER COMPLIANCE WITH LABOR LEGISLATION

State supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms by all employers in the territory of the Russian Federation is carried out by the Federal Labor Inspectorate.

Federal Labor Inspectorate carries out its activities in cooperation with federal executive authorities exercising the functions of control and supervision in the established field of activity, other federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, prosecutors, trade unions (their associations), associations employers and other organizations.

State supervision over compliance with the rules for the safe conduct of work in certain industries and at some industrial facilities, along with the Federal Labor Inspectorate, is carried out by the relevant federal executive bodies that exercise the functions of control and supervision in the established field of activity.

Intradepartmental state control observance of labor legislation and other normative legal acts containing labor law norms in subordinate organizations is carried out by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, as well as local governments in the manner and on the conditions determined by federal laws and laws of the constituent entities of the Russian Federation . State supervision over the precise and uniform implementation of labor legislation and other normative legal acts containing labor law norms is carried out by the Prosecutor General of the Russian Federation and prosecutors subordinate to him in accordance with federal law.

Managers and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in the cases and in the manner established by the Labor Code of the Russian Federation and other federal laws.

Persons who impede the implementation of state supervision and control over compliance with labor legislation and other normative legal acts containing labor law norms, who do not comply with the instructions presented to them, who use threats of violence or violent actions against state labor inspectors, members of their families and their property, bear liability under federal law.

80. FEDERAL LABOR INSPECTION (PRINCIPLES OF ACTIVITY, MAIN TASKS, MAIN POWERS)

Federal Labor Inspectorate - a unified centralized system consisting of a federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms in the territory of the Russian Federation.

The activities of the Federal Labor Inspectorate are managed by Chief State Labor Inspector of the Russian Federation. He is appointed and dismissed by the Government of the Russian Federation. The activities of the Federal Labor Inspectorate and its officials are carried out on the basis of the principles of respect, observance and protection of the rights and freedoms of man and citizen, legality, objectivity, independence and publicity. The main tasks of the Federal Labor Inspectorate are:

1) ensuring observance and protection of labor rights and freedoms of citizens, including the right to safe working conditions;

2) ensuring compliance by employers with the provisions of labor legislation and other regulatory legal acts containing labor law norms;

3) providing employers and employees with information on the most effective means and methods for complying with the provisions of labor legislation and other regulatory legal acts containing labor law norms;

4) bringing to the attention of the relevant state authorities the facts of violations, actions (inaction) or abuses that are not subject to laws and other regulatory legal acts.

Credentials: carry out state supervision and control over compliance with labor legislation in organizations through inspections, examinations, issuance of binding orders to eliminate violations, and bringing the perpetrators to justice; analyze the circumstances and causes of the identified violations, take measures to eliminate and restore them; carry out consideration of cases on administrative offenses; implement measures to coordinate the activities of departmental bodies of supervision and control and federal executive bodies in terms of ensuring compliance with labor legislation and other regulatory legal acts containing labor law norms.

An inspection is a form of control and is assigned or carried out by the Federal Labor Inspectorate in relation to organizations that are required to comply with labor laws.

Examination

- actions by officials of the Federal Labor Inspectorate to identify violations of labor laws and employee rights.

81. INSPECTION OF EMPLOYERS (PROCEDURE FOR INSPECTION, RIGHTS AND OBLIGATIONS OF STATE LABOR INSPECTORS)

Inspection of employers takes place throughout the territory of the Russian Federation, regardless of their organizational and legal forms and forms of ownership.

During the inspection, the state labor inspector may notify the employer or his representative of his presence, unless he considers that such notification may prejudice the effectiveness of the control. Organizations of the Armed Forces of the Russian Federation, security agencies, internal affairs agencies, the State Fire Service, other law enforcement agencies, correctional institutions, nuclear and defense industry organizations and others are subject to inspections with a special procedure for conducting them, which provides for:

1) access only for state labor inspectors who have received an appropriate permit in advance;

2) conducting inspections at the appointed time;

3) restriction on inspections during maneuvers or exercises, declared periods of tension, hostilities.

State labor inspectors, when carrying out supervisory and control activities, have the right to:

1) freely visit at any time of the day for the purpose of conducting an inspection of employers of all organizational and legal forms and forms of ownership;

2) request from employers, executive authorities and local governments and receive free of charge from them documents, explanations, information necessary to perform supervisory and control functions;

3) to seize for analysis samples of used or processed materials and substances with notification of the employer and draw up an appropriate act;

4) suspend the work of the employer's organization upon detection of violations of labor protection requirements that pose a threat to the life and health of employees, until these violations are eliminated;

5) investigate, in accordance with the established procedure, accidents at work;

6) bring to administrative responsibility persons guilty of violating laws and other regulatory legal acts containing labor law norms, etc.

At the same time, state labor inspectors are required to:

a) comply with the legislation of the Russian Federation and the rights and legitimate interests of employers (individuals and legal entities);

b) keep a legally protected secret that becomes known to them in the exercise of their powers;

c) refrain from providing the employer with information about the applicant, if the verification is carried out in connection with his appeal, and the applicant objects to the disclosure of information about the source of the complaint to the employer.

82. CONCEPT AND TYPES OF LABOR DISPUTES

labor dispute - Disagreements between the subjects of labor law on the application of labor legislation or on the establishment of new working conditions in partnership, received for the permission of the jurisdictional body.

Among the forms of resolving contradictions, there are: speeches at meetings of the team; holding demonstrations; appeal to the press; appeal to the higher management of the organization; making demands through the trade union committee; appeal to the commission on labor disputes; organization of pickets; strikes.

The Constitution of the Russian Federation recognizes the right to individual and collective labor disputes. The consolidation of this right is the most important guarantee of observance of the labor rights of working citizens. Also Art. 46 of the Constitution of the Russian Federation guarantees every citizen judicial protection of his rights and freedoms, stipulates that decisions and actions (inaction) of bodies and officials can be appealed to the court. These provisions of the Constitution underlie the resolution of all labor disputes.

Classification of labor disputes is carried out according to the following criteria.

1. According to the nature of the dispute, labor disputes are divided into:

a) disputes between employees and the employer or their representatives regarding the establishment or change of working conditions, the conclusion or change of collective agreements, agreements on issues of work and life of employees. Such collective disputes are in the absolute majority;

b) disputes on the application of labor legislation, in which the violated right of an employee or a group of employees is protected and restored.

2. According to the legal relations from which labor disputes arise, they are divided into:

a) disputes arising from labor relations;

b) disputes from legal relations on employment;

c) disputes from legal relations on supervision and control over compliance with labor legislation and labor protection rules;

d) disputes arising from legal relations on personnel training and advanced training of employees;

e) disputes from legal relations on compensation of material damage by the employee to the employer;

f) disputes arising from legal relations regarding compensation by the employer for damage to the employee in connection with damage to his health at work or violation of his right to work;

g) disputes from the legal relations of the trade union committee with the employer on issues of labor and life;

h) disputes arising from legal relations between a team of employees and an employer;

i) disputes arising from social partnership relations.

The correct classification of labor disputes by disputing subjects, by the nature of the dispute and by disputed legal relations is very important, since it is necessary to determine jurisdiction (the body competent to consider and resolve this labor dispute).

83. INDIVIDUAL LABOR DISPUTES. BODIES FOR THEIR CONSIDERATION

Individual labor dispute - unsettled disagreements between the employer and the employee on the application of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, an agreement, a local normative act, an employment contract (including the establishment or change of individual working conditions), which are declared to the body for consideration of individual labor disputes.

The parties to an individual labor dispute are the employee and the employer. The current legislation provides for several ways to resolve individual labor disputes. These are the consideration and resolution of labor disputes in the commission on labor disputes (CTC); in court, bypassing the CCC, and in a special order, when the dispute is resolved in a higher body.

Individual labor disputes are considered by the CCC and the courts in the event that the employee, independently or with the participation of his representative, did not resolve the differences during direct negotiations with the employer. The regulatory framework governing the procedure for considering individual labor disputes is labor legislation, and the procedure for considering cases on labor disputes in courts is determined by the civil procedural legislation of the Russian Federation.

CTS - a body for resolving individual labor disputes arising in the organization or its subdivision. CCC considers disputes about transfers to another job, the application of other terms of the contract, the individual norm and mode of working time, the duration and use of rest due to the employee, the imposition of disciplinary sanctions, wages and other disputes.

KTS are formed at the initiative of employees and (or) the employer from an equal number of representatives of employees and the employer. Representatives of employees to the commission on labor disputes are elected by the general meeting (conference) of employees of the organization or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of employees of the organization. Representatives of the employer are appointed to the commission by the head of the organization. Organizational and technical support for the activities of the KTS is carried out by the employer. The CCC elects from among its members the chairman and secretary of the commission.

An employee can apply to the CCC within three months from the day when he learned or should have learned about the violation of his right. If the deadline is missed for valid reasons, the CCC may restore it and resolve the dispute on the merits.

84. COLLECTIVE LABOR DISPUTES: TYPES, GENERAL RULES FOR RESOLUTION

Collective labor dispute - unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body employees when adopting local regulations. The procedure for resolving a collective labor dispute consists of consideration of a collective labor dispute by a conciliation commission; with the participation of an intermediary; in labor arbitration.

Each side collective labor dispute at any time after the start of this dispute entitled to apply to the Service for Settlement of Collective Labor Disputes for notification registration of the dispute. The conciliation commission is created within 3 working days from the moment of the beginning of the collective labor dispute. The decision to create a commission is formalized by the appropriate order (instruction) of the employer and the decision of the representative of the employees. The dispute must be considered within 5 working days from the date of issuance of the order (instruction) on its creation.

The decision of the conciliation commission is taken by agreement of the parties to the collective labor dispute, drawn up in a protocol, is binding on the parties to this dispute and is executed in the manner and within the time limits established by the decision of the conciliation commission. If no agreement is reached in the conciliation commission, the parties to the collective labor dispute continue conciliation procedures with the participation of a mediator and (or) in labor arbitration.

Labor arbitration - a temporary body for the consideration of a collective labor dispute, which is created if the parties to this dispute have concluded an agreement in writing on the mandatory implementation of its decisions. Labor arbitration is created by the parties to the collective labor dispute and the relevant state body for the settlement of collective labor disputes no later than three working days from the date of completion of the consideration of the collective labor dispute by the conciliation commission or mediator.

The dispute is being considered within five business days from the day the arbitration was established. The recommendations of the labor arbitration on the settlement of a collective dispute are transmitted to the parties to this dispute in writing. The result of consideration of collective labor disputes is an agreement. The agreement reached by the parties is formalized in writing and is binding on the parties to a collective labor dispute.

85. THE CONCEPT OF STRIKE, THE RIGHT TO STRIKE

Strike is a temporary voluntary refusal of employees to perform their labor duties in order to resolve a collective labor dispute. If the conciliation procedures did not lead to the resolution of the collective labor dispute, or the employer evades the conduct of conciliation procedures, does not comply with the agreement reached in the course of resolving the collective labor dispute, or does not comply with the decision of the labor arbitration, which is binding on the parties, then the employees or their representatives have the right to proceed to organize a strike.

Participation in a strike is voluntary. No one may be forced to participate or refuse to participate in a strike. Persons forcing employees to participate or refuse to participate in a strike bear disciplinary, administrative or criminal liability. strike heads the representative body of workers. This body is elected simultaneously with the adoption of a decision on a strike and has the right to convene meetings (conferences) of employees, receive information from the employer on issues affecting the interests of employees, and attract specialists to prepare opinions on controversial issues. The powers of this body are terminated if the parties sign an agreement on the settlement of a collective labor dispute or if the strike is recognized as illegal. During the period of the strike, the parties to the collective labor dispute are obliged to continue the resolution of this dispute by conducting conciliation procedures, which usually end with the conclusion of an agreement on the settlement of the collective labor dispute. In this case, the strike is terminated.

The employer, executive authorities, local governments and the body leading the strike are obliged to take all measures in their power to ensure public order during the strike, the safety of the property of the organization and employees, as well as the operation of machinery and equipment, the stop of which poses a direct threat to life and people's health. By agreement of the parties, the minimum necessary work should be provided. If an agreement is not reached, then the minimum necessary for the population of works and services is established by the executive authority. If the minimum necessary work and services are not provided, the strike may be declared illegal.

The strike ends if:

a) resolution of a collective labor dispute and the conclusion of an appropriate agreement;

b) the adoption of a decision to terminate the strike by the body that leads it;

c) a court decision declaring the strike illegal.

86. CASES OF RECOGNIZING A STRIKE ILLEGAL. STRIKE GUARANTEES

Holding a strike should not violate the rights and freedoms other persons and may be limited by federal law, but only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.

The strike can be declared illegal, if it was announced without taking into account the deadlines, compliance with the necessary procedures and requirements provided for by the Labor Code of the Russian Federation.

In connection with the strike, the law provides certain guarantees to workers. The participation of employees in a strike cannot be considered as a violation of labor discipline and grounds for terminating an employment contract, except in cases of failure to fulfill the obligation to stop the strike, which is illegal. It is also prohibited to apply disciplinary measures to workers participating in a strike, except in certain cases.

The employer has the right not to pay workers wages for the period of their participation in the strike, with the exception of workers engaged in the performance of the mandatory minimum of work (services). A collective agreement, agreement or agreements reached in the course of resolving a collective labor dispute may provide for compensation payments to workers participating in a strike. Employees who do not participate in the strike, but in connection with its conduct were not able to perform their work and declared in writing the start of downtime in connection with this, are paid for downtime through no fault of the employee in the manner and in the amount provided for by the Labor Code of the Russian Federation. The employer has the right to transfer these employees to another job in the manner prescribed by labor legislation. In case of dismissal of employees in connection with a collective labor dispute and a strike, the employer or his representatives may be held administratively liable.. Article 5.34 of the Code of Administrative Offenses of the Russian Federation provides for in these cases a fine in the amount of 40 to 50 times the minimum wage.

Article 415 of the Labor Code of the Russian Federation establishes an unambiguous prohibition on lockout. Lockout - the dismissal of employees at the initiative of the employer in connection with their participation in a collective labor dispute or on strike. Workers cannot be fired at any stage of a collective labor dispute, including the stage of a strike. If the strike is recognized as illegal, and the employees continue to participate in it and have not started work, then the employer has the right to bring them to disciplinary responsibility.

87. INTERNATIONAL LABOR REGULATION. SOURCES OF INTERNATIONAL LABOR REGULATION

International Labor Standards - the main result of international legal regulation of labor. Formal expression of international legal regulation are the norms enshrined in the acts of the UN, ILO, agreements of states. In the science of labor law, there is no single position on the nature, essence and meaning of international treaties and conventions of the ILO. This does not have the best effect on the level of inclusion of the norms of international law in the sphere of Russian labor relations. Most scholars consider the ILO conventions and international treaties to be the sources of Russian labor law, while pointing out that they are mandatory for use in the practice of national lawmaking and law enforcement. Some researchers argue that the ILO conventions are important for Russian legislation, but in the literal sense they are not sources of law, since national legislation does not reproduce their content.

The Labor Code of the Russian Federation establishes use priority in case of conflicts of international legal norms. The main conventions that act as international legal regulators of labor relations are: Convention No. 87 "On Freedom of Association and Protection of the Right to Organize", Convention No. 98 "On the Application of the Principles of the Right to Organize and Collective Bargaining", Convention No. 111 "On Discrimination in the field of labor and employment", Convention No. 29 "On forced or compulsory labor", etc.

In addition to conventions, bilateral international treaties are also concluded on the establishment of certain working conditions or the resolution of specific issues of using the labor of foreign workers.

Among the sources of international legal regulation are the UN International Covenant of 1966, which secured the prohibition of discrimination, equality of men and women, the right of citizens to work, the right to favorable working conditions, the rights of trade unions and their guarantees, the right to an adequate standard of living and the continuous improvement of working conditions. , the right to health and the improvement of all aspects of occupational health, the provision of medical care, the right to education, including higher education, equally accessible to all.

Generally recognized principles and norms are reflected in declarations, pacts, charters adopted by international organizations. One of the most important is the Universal Declaration of Human Rights, which enshrines the rights to work, rest, labor protection, the right to form trade unions, equal pay for equal work and other fundamental rights at work.

Author: Rezepova V.E.

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ ENT diseases. Crib

▪ Stocks and bods market. Crib

▪ Finance. Lecture notes

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive

Caterpillars can eat plastic waste 22.04.2017

Scientists from the University of Cambridge accidentally discovered a new ability of the wax moth caterpillar. They, as it turned out, are able to eat polyethylene.

This discovery happened, as the British scientists said, completely unexpectedly. A university researcher has discovered that wax moth caterpillars are in the hives. She collected them and put them in a plastic bag. After a while, she was surprised to notice that they got out of the package, having eaten a hole in it. This interested scientists so much that they conducted an experiment by "offering" various types of polyethylene to these caterpillars.

As it turned out, the body of this type of caterpillars can process up to 12 milligrams of polyethylene in 92 hours. It is possible that this unique ability of theirs can help with the solution of the problem of plastic waste accumulating in the world.

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Palindromes. Article selection

▪ article The Great Break. Popular expression

▪ article Who and when designed and built a flying submarine? Detailed answer

▪ article Wormwood Tauride. Legends, cultivation, methods of application

▪ article Guard on infrared rays. Encyclopedia of radio electronics and electrical engineering

▪ article Semi-automatic drilling machine with laser pointer. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews