Labor law. Cheat sheet: briefly, the most important

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Labor law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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Table of contents

The concept and subject of labor law
Types of relations in labor law
labor law method
Labor law principles
The concept of subjects of labor law. citizens
Rights and obligations of an employee
Employers as subjects of labor law
Rights and obligations of the employer
The team of employees of the organization
Administration as a subject of labor law
Sources of labor law. Labor law system
Social partnership, its forms
Representatives of employees and employers in social partnership
Collective agreement, its parties
Structure and content of the collective agreement
The concept and types of employment
The legal status of the unemployed and the rules for their registration
Guarantees and compensations for the unemployed
Unemployment Benefits
The concept and meaning of an employment contract
Types of employment contracts by duration
Conclusion of an employment contract
Form and content of the employment contract
Employment history. Labor function of the employee
Working hours
Time relax
Terms of payment. Optional terms of the employment contract
Hiring test
Training courses / seminars
The concept and grounds for termination of an employment contract
Grounds for termination of the contract at the initiative of the employer
Termination of the employment contract at the initiative of the employee
Termination of an employment contract due to circumstances beyond the control of the parties
Termination of an employment contract by mutual will of the parties due to violation of the rules for concluding an employment contract
The concept and types of changes in the employment contract
Guarantee payments, surcharges and 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
Guarantees and compensations to employees related to the termination of an employment contract
Other guarantees and compensations
Labor discipline. Labor schedule
The concept and types of disciplinary responsibility
Rules for imposing and removing disciplinary sanctions
Length of working hours. Reduced working hours
Part-time work
Shift work and division of the working day into parts
The concept and types of holidays
Vacation duration
Leave without pay
The procedure for granting leave
Wage system
Remuneration of labor in case of deviation from normal working conditions
Liability of the employer to the employee
Employee Liability
Full financial liability under special contracts (individual and collective)
The concept and types of individual labor disputes. Judicial order of consideration
Resolution of individual labor disputes by the commission on labor disputes
The concept and conditions of liability

1. CONCEPT AND SUBJECT OF LABOR LAW

Labor law - a set of legal norms that regulate social relations that develop in the process of functioning of the wage labor market, organization and use of hired labor.

Depending on the economic situation of the participants in labor relations (i.e., on their relationship to the means of production), there are its two main varieties: independent labor (labor of owners) and hired labor (labor of non-owners). Wage labor makes it possible to exploit the labor of hired workers and the need for the existence of a labor market (labor force) as an integral part of market economic relations. There is also a mixed form, involving the collective labor of owners and non-owners.

Labor law is designed to regulate the social ties that develop during its organization and application.

The Constitution of the Russian Federation, in accordance with the generally recognized principles and norms of international law, guarantees citizens the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law. In the Russian Federation, labor is free, forced labor is prohibited, everyone has the right to freely dispose of their abilities to work, to choose their type of activity and profession.

Subject of labor law - labor relations and some other closely related relations arising in connection with the organization and use of hired labor of citizens.

Labor relations are relations that arise between the employer (any commercial and non-profit organizations, individual citizens), on the one hand, and the employee, on the other.

Signs of an employment relationship:

1) the inclusion of the performer of work in the team of the organization and participation by their work in the fulfillment of the tasks facing the work team.

Such inclusion is formalized by concluding an employment contract in writing and issuing an order (instruction) on hiring, or by actually admitting the employee to work with the knowledge of an official who has the right to hire and dismiss the employee;

2) performance of a certain labor function, i.e. work in a certain specialty, qualification or position for remuneration in the form of wages or income of the organization. The remuneration must correspond to the labor contribution, the quality of work, be paid regularly at least twice a month and not lower than the minimum established by federal law;

3) performance of work under the conditions of a certain labor regime, i.e., with subordination to the rules of the internal labor schedule, which determines the conditions for the joint activity of people.

2. TYPES OF RELATIONSHIPS IN LABOR LAW

In addition to directly labor relations, the subject of labor law also includes relations closely related to them, preceding, accompanying or replacing them:

1) organizational and managerial (social partnership) relations - arise in connection with the participation of workers and their representatives in the organization and management of collective labor. The subjects of such relations are employers and employees, as well as their representatives. Such relations arise in connection with the adoption of local legal acts regulating the working conditions of employees of a particular organization, the conduct of collective bargaining and the conclusion of collective agreements and agreements on social and labor issues. They accompany labor relations and arise for the employee from the moment he enters the team. In these relations, the norm-setting, law-enforcement and managerial powers of the employees of the organization and their representatives are implemented;

2) relations on supervision and control over compliance with labor legislation and labor protection rules (control and supervision relations) - arise between employers, officials and bodies of supervision and control over compliance with labor laws. They are aimed at creating healthy, safe working conditions, protecting the social and labor rights and legitimate interests of the employee;

3) relations for the consideration of labor disputes (procedural labor relations) - arise between the disputing parties and the body considering an individual or collective labor dispute regarding the establishment of working conditions and their application. These relations accompany labor or come to replace them;

4) relations to ensure employment and employment of the population - precede labor, but can also accompany or replace them and arise:

- between employment services and citizens regarding assistance in the selection of suitable work and employment, the organization of public works and the maintenance of the unemployed;

- between the employment service and employers regarding the exchange of information and the direction of citizens to work;

- between citizens and employers regarding the conclusion of an employment contract based on the direction of the employment service;

5) relations on industrial training and staff development - arise between the employee and the employer regarding direct on-the-job training, advanced training with or without interruption from work or training management.

3. LABOR LAW METHOD

labor law method - a set of methods (techniques) of legal regulation specific to a given branch of law, i.e., influencing the will of people in their behavior through the norms of law in the direction necessary for the state, society, workers and employers to obtain the optimal result of this regulation. The method of labor law is implemented through the norms of labor legislation and reflects them.

The method of labor law answers the question: how and in what ways, methods is the legal regulation of labor carried out?

Ways of legal regulation of labor:

1. A combination of centralized and local, normative (legislative) and contractual regulation.

Centralized, legislative regulation of labor establishes only a minimum level of guarantees of labor rights, which cannot be reduced by a contractual and local method, but can be increased, increased. On a local basis, at the expense of own funds, the level of guarantees established by law may increase.

2. The contractual nature of labor and the establishment of its conditions.

An employment contract generates an employment relationship between an employee and an organization and establishes the necessary conditions for it.

The collective agreement establishes local norms that apply only to employees of this enterprise and, like the terms of industry and other social partnership agreements, increase the guarantees of the labor rights of employees and are binding on the administration (employer) if its (his) representatives were participants in the negotiations .

3. Equality of the parties to labor contracts.

4. Participation of workers independently and through their representatives (trade unions, labor collectives) in the legal regulation of labor, i.e., in the establishment and application of labor legislation, in monitoring their implementation, in protecting labor rights.

Employers also participate in the establishment and implementation of working conditions.

5. Labor law-specific way of protecting labor rights, combining, as a rule, the actions of the jurisdictional bodies of the labor collective (commission on labor disputes) with judicial protection established by the Constitution of the Russian Federation for all.

6. Unity and differentiation (difference) of legal regulation of labor.

The unity of labor law is reflected in its general constitutional principles, in the uniform basic labor rights and obligations of employees and employers (administration), in the general provisions of the Labor Code of the Russian Federation and in the regulatory acts of labor legislation that apply to the entire territory of Russia and to all employees, wherever and by whom they didn't work.

Differentiation is based on the unity of labor law and is expressed in the establishment of special working conditions for certain categories of workers.

4. PRINCIPLES OF LABOR LAW

Labor law principles - the main and guiding provisions expressed in the law, which determine the direction and content of the state policy in the field of employment, organization and use of labor and reflect the essence of the current labor law.

The system of principles of labor law includes:

1) principles of attraction to work, provision of employment and use of labor force:

- ensuring freedom of labor and employment, prohibition of forced labor;

- Ensuring the right to work, to protection from unemployment, assistance in finding employment, material and moral support in case of unemployment;

- Ensuring equality in labor and employment, prohibition of discrimination in labor;

2) principles of a high level of working conditions and protection of labor rights:

- Ensuring the right to a fair remuneration for labor contribution and not below the state minimum wage;

- Ensuring the right to labor protection, to the safety of the workplace, protection from industrial injury and compensation for damage in case of such injury. Special labor protection for women, youth and other workers in need of special protection;

- Ensuring the right to limit working hours, to rest, including weekends, holidays, annual paid leave;

- ensuring the right to protection of labor rights, including judicial protection, to individual and collective labor disputes, including the right to strike;

- Ensuring the right of the employer to demand from employees the fulfillment of the duty of conscientious work, respect for the property of production and the right of employees to demand from the employer (administration) compliance with their labor duties, labor legislation;

- Ensuring the right to compulsory social insurance of employees;

3) principles of industrial democracy and the development of the personality of workers:

- ensuring the right to free vocational training, retraining, to a combination of work with training, advanced training;

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

- ensuring the right of everyone to protection by the state of his labor rights and freedoms, including in court;

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

- Ensuring the right of representatives of trade unions to exercise trade union control over compliance with labor legislation and other acts containing labor law norms.

5. THE CONCEPT OF SUBJECTS OF LABOR LAW. CITIZENS

Subjects of labor law - these are participants in labor relations, i.e., parties to these relations.

The main subjects of labor relations are the employee and the employer.

Other participants in labor relations also include job seekers, trade unions, state bodies (local authorities and administrations, employment authorities), representatives of workers, bodies for control and supervision of compliance with labor legislation, labor dispute resolution bodies.

Citizens as subjects of labor law must have labor legal personality, i.e., labor legal capacity, in other words, they must have and through their actions acquire subjective labor rights (legal capacity) and perform labor duties (capacity).

The labor legal personality of citizens is characterized by:

a) the presence of an actual opportunity for regular work;

b) reaching a certain age. Employers can hire citizens from the age of 16, and students of general education institutions to work in their free time from school - from the age of 14 with the consent of parents, guardians, trustees.

c) the presence of a normal healthy psyche. Citizens recognized by the court as legally incompetent cannot be a subject of labor law, since they do not understand the meaning of their actions or cannot manage them and therefore are not responsible for their actions, cannot conclude transactions

d) legal capacity. and capacity to act simultaneously upon reaching a certain age.

The state guarantees equal labor legal personality to all citizens. It is prohibited to discriminate against citizens when hiring for circumstances not related to business qualities. However, not every citizen has the same rights at work. The current legislation establishes restrictions on hiring by age, state of health, in connection with close relationship, property, the presence or absence of citizenship of the Russian Federation, a criminal record, a prohibition by a court sentence to engage in certain activities, etc.

The Constitution of the Russian Federation establishes right to work and freedom of choice. Every person has the right to freely dispose of his abilities to work, to choose the type of activity and profession. The principle of freedom of work is in line with the Universal Declaration of Human Rights.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

К basic labor rights each employee includes:

- conclusion, amendment and termination of an employment contract in the manner and on the terms established by federal laws;

- providing him with a job stipulated by an employment contract;

- a workplace that meets the conditions stipulated by state standards for the organization and safety of labor and the collective agreement;

- timely and in full payment of wages in accordance with the qualifications of the employee, the complexity of the work, the quantity and quality of the work performed;

- rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual holidays;

- professional training, retraining and advanced training of an employee in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

- association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

- participation in the management of the organization in the forms provided for by federal laws and the collective agreement;

- conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as informing about the implementation of the collective agreement, agreements;

- protection of labor rights, freedoms and legitimate interests of the employee by all means not prohibited by law;

- resolution of individual and collective labor disputes, including the right to strike, in the manner prescribed by federal laws.

- compensation for harm caused to an employee in connection with the performance of his labor duties, and compensation for moral damage in the manner prescribed by federal laws;

- obligatory social insurance in cases stipulated by federal laws.

The Labor Code of the Russian Federation formulated and main job responsibilities of employees:

- conscientiously fulfill their labor duties assigned to him by the employment contract;

- comply with the internal labor regulations of the organization;

- observe labor discipline;

- comply with established labor standards;

- comply with labor protection and labor safety requirements;

- take care of the property of the employer and other employees;

- immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer.

7. EMPLOYERS AS SUBJECTS OF LABOR LAW

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

The rights and obligations of the employer in labor relations are exercised by an individual who is an employer, or by the management bodies of a legal entity (organization) or persons authorized by them in the manner prescribed by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulations.

As employers - subjects of labor law - can be commercial and non-profit organizations in the organizational and legal forms specified in Art. 50 of the Civil Code of the Russian Federation, certain state bodies that have labor legal personality, which consists in the ability of the employer to have and, through their actions, acquire subjective labor rights and perform labor duties.

Employment legal personality has organizations that:

- have the right to hire and fire an employee;

- organize, manage the labor process;

- have funds for wages and operational independence in spending these funds.

Limits of labor personality of organizations how an employer is defined:

- the staffing table, which determines the management structure of the organization, the number and staffing of employees (approved by the head of the organization);

- wage fund, which is formed by the organization on the basis of economic opportunities, i.e., at the expense of income or at the expense of funds allocated to the institution according to the estimate by the owner or the relevant management body;

- current legislation, constituent documents (charter, regulation).

Employers - individuals admit:

- individuals registered as individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities are subject to state registration and (or) licensing, who have entered into labor relations with employees in order to carry out the specified activities;

- natural persons entering into labor relations with employees for the purpose of personal service and household assistance.

08. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

The employer has the right:

conclude, amend and terminate employment contracts with employees in the manner and on the terms established by federal laws; conduct collective negotiations and conclude collective agreements;

to encourage employees for conscientious effective work;

demand from employees the performance of their labor duties and respect for the property of the employer and other employees, compliance with the internal labor regulations of the organization;

bring employees to disciplinary and material liability in the prescribed manner;

adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs). The employer is obliged:

comply with laws and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and employment contracts;

provide employees with work stipulated by the employment contract;

ensure labor safety and conditions that meet the requirements of labor protection and hygiene provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;

provide workers with equal pay for work of equal value;

pay in full the wages due to employees on time;

conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by the Labor Code of the Russian Federation;

to acquaint employees against signature with the adopted local acts directly related to their labor activity; timely comply with the instructions of the federal executive bodies authorized to conduct state control and supervision, pay fines; create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement; carry out compulsory social insurance of employees in the manner prescribed by federal laws;

compensate for the harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage.

9. STAFF OF THE ORGANIZATION

Labor collective is a social community of employees of the organization. It consists of teams of subdivisions in the organization (branches, departments, workshops, etc.).

All employees in an organization form a workforce. It includes: a) employees who have concluded employment contracts for an indefinite period; b) those who work under fixed-term employment contracts (in particular, temporary workers), non-staff workers (subject to the conclusion of an employment contract), part-time workers (all of them have the right to participate in general meetings (conferences), be represented in bodies formed by the labor collective, within term of their employment contract) at) officials of the administration, since the organization has concluded an employment contract with them. The administration itself, as a set of officials managing production and its divisions, is not a body of a labor collective, but of an organization (employer).

The rights of the labor collective:

1) at a meeting (conference) forms (elects) its bodies (councils, committees, etc.);

2) elect members of the commission on labor disputes (they may also be elected in subdivisions by the teams of subdivisions);

3) shows through its authorized representatives the initiative to conclude a collective agreement;

4) elects its representatives and authorizes them to conduct collective negotiations and sign a collective agreement on their behalf;

5) conducts collective negotiations regarding the collective agreement through its representatives;

6) concludes a collective agreement with the employer;

7) controls the implementation of the collective agreement;

8) approves, on the proposal of the administration, the internal labor regulations of the organization;

9) applies measures of public encouragement for success in work, nominates workers for moral and material encouragement, and for violations of labor discipline - measures of public punishment;

10) establish by means of a collective agreement the working conditions in the organization;

11) announce strikes.

Legal guarantees of the rights of the labor collective:

1) decisions of the general meeting, conference, adopted within the powers and in accordance with the law, are binding on the employer. Disagreements between them are resolved in the manner prescribed by the Labor Code of the Russian Federation and other regulatory acts;

2) the claims of employees in case of conflicts must be considered by the employer within 3 working days;

3) persons guilty of failure to comply with the decisions of the meeting, conferences are held accountable;

4) representatives of the team of employees are protected from possible persecution by the employer: additional guarantees are established when transferring to another job, dismissal, imposing a disciplinary sanction.

10. ADMINISTRATION AS A SUBJECT OF LABOR LAW

The administration as a subject of labor law is collective in nature, it includes a set of officials and bodies of the employing organization that perform the function of organizing and managing labor and the workforce of the enterprise.

The administration as a subject of labor law acts the subject of organizational and managerial relations. It carries out two types of activities: rule-making and law enforcement. By issuing local regulations, the administration carries out rule-making activities, acting as the subject of organizational and managerial relations - law enforcement.

The administration can act both as a representative body of the enterprise and as an independent subject of labor law. The administration can be represented by the head of the organization or individual officials, as well as collegial bodies.

The powers of the head are determined by the contract, and the rest of the officials are appointed by the head, and he gives them powers.

Administration Responsibilities:

- properly organize the work of employees;

- create conditions for the growth of labor productivity;

- ensure labor and production discipline;

- comply with labor legislation and labor protection rules;

be attentive to the needs and requests of employees;

improve the working and living conditions of employees; pay employees, provide annual leave;

impose disciplinary and other liability in the event that an employee commits a disciplinary offense or other offense; create conditions that ensure the activities of employees' representatives, in accordance with labor legislation, a collective agreement, agreements.

11. SOURCES OF LABOR LAW. LABOR LEGISLATION SYSTEM

Sources of labor law - regulatory legal acts regulating labor relations and establishing the rights and obligations of participants in labor relations.

Sources of labor law are classified:

1) by legal force - laws and by-laws;

2) on the institutions of labor law;

3) by the bodies that adopted the normative act;

4) in form - laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, rules, regulations, decisions, orders, recommendations, explanations, etc.;

5) by scope - federal (Labor Code of the Russian Federation), republican (republics within the Russian Federation) and other subjects of the Russian Federation (regional, territorial), sectoral (departmental), intersectoral (rules, safety standards), municipal (local) and local (within this production);

6) according to the degree of generalization - codified, complex and current.

Labor legislation - a set of legislative and other legal acts regulating labor relations.

Labor Legislation System Includes:

1) federal, constitutional and ordinary laws (Constitution of the Russian Federation, Labor Code of the Russian Federation);

2) ratified by the state international legal acts on labor, treaties and conventions of the ILO). The Russian Federation has ratified only 50 ILO conventions (out of 75 adopted), and now only 44 are in force;

3) regulatory decrees of the President of the Russian Federation, which usually provide for additional measures to protect the labor rights of citizens;

4) resolutions of the Government of the Russian Federation, which are adopted on a wide variety of labor issues;

5) acts of federal executive authorities (departmental acts: resolutions of the Ministry of Labor and Social Development of the Russian Federation, the Ministry of Finance of the Russian Federation);

6) laws and other regulatory legal acts of the constituent entities of the Russian Federation - labor legislation is under the joint jurisdiction of the constituent entities of the Russian Federation;

7) acts of local governments;

8) agreements on social and labor issues - legal acts regulating social and labor relations between employees and employers and concluded at the level of the Federation, subject of the Russian Federation, industry, profession, territory;

9) collective agreements and other local regulations adopted directly in the organization and in force in relation to the employees of this organization (charters, internal labor regulations, provisions on remuneration, bonuses, etc.);

10) acts of the former USSR in the part that does not contradict the Constitution of the Russian Federation, the legislation of the Russian Federation;

11) norms of labor law may be contained in normative acts relating in general to other branches of law.

12. SOCIAL PARTNERSHIP, ITS FORMS

Social partnership - 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.

Parties of social partnership are employees and employers represented by their duly authorized representatives.

State authorities and local self-government bodies are parties to social partnership in cases where they act as employers or their representatives authorized to be represented by legislation or employers, as well as in other cases provided for by federal laws.

Basic Principles social partnership are:

- equality of the parties, respect and consideration of the interests of the parties;

- State assistance in strengthening and developing social partnership on a democratic basis;

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

- freedom of choice when discussing issues within the scope of work;

- voluntary acceptance of obligations by the parties;

- the reality of the obligations assumed by the parties;

- obligatory fulfillment of collective agreements, agreements, control over their implementation;

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

Levels social partnership: 1) the federal level, which establishes the basis for regulating relations in the sphere of labor in the Russian Federation; 2) interregional level (in two or more constituent entities of the Russian Federation); 3) regional level in the subject of the Russian Federation; 4) industry level; 5) territorial level (in the municipality); 6) the level of organization that establishes specific mutual obligations in the sphere of labor between employees and the employer (local).

Forms of social partnership:

- collective negotiations on the preparation of draft collective agreements, agreements and their conclusion;

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

- participation of employees and their representatives in the management of the organization;

- participation of representatives of employees and employers in resolving labor disputes.

13. REPRESENTATIVES OF EMPLOYEES AND EMPLOYERS IN THE SOCIAL PARTNERSHIP

Employee representatives in the social partnership are trade unions and their associations other trade union organizations provided for by the charters of all-Russian trade unions, or other representatives elected by employees in cases provided for by the Labor Code of the Russian Federation.

The interests of the employees of the organization when conducting collective negotiations, concluding and changing the collective agreement, monitoring its implementation, as well as when exercising the right to participate in the management of the organization, considering labor disputes between employees and the employer, are represented by the primary trade union organization or other representatives elected by employees. In turn, the representatives of the employer are the head of the organization or persons authorized by him in accordance with the Labor Code of the Russian Federation, laws, other regulatory legal acts, the constituent documents of the organization and local regulations.

The interests of employees in collective negotiations on the conclusion and amendment of agreements, the resolution of collective labor disputes regarding the conclusion or amendment of agreements, the exercise of control over their implementation, as well as in the formation and implementation of the activities of commissions for the regulation of social and labor relations, are represented by the relevant trade unions, their territorial organizations, associations of trade unions and associations of territorial organizations of trade unions In these cases, the interests of employers are represented by the respective associations of employers.

Association of employers - a non-profit organization that unites employers on a voluntary basis to represent the interests and protect the rights of its members in relations with trade unions, state authorities and local governments.

The peculiarities of the legal status of an association of employers are established by federal legislation.

Representatives of employers - federal state institutions, state institutions of the constituent entities of the Russian Federation, municipal institutions and other organizations financed from the relevant budgets, when conducting collective bargaining, concluding or changing agreements, resolving collective labor disputes regarding the conclusion or changing agreements, monitoring the implementation of agreements, the formation of commissions for the regulation of social and labor relations and the implementation of their activities are also the relevant federal executive authorities, executive authorities of the constituent entities of the Russian Federation, other state bodies, local governments.

14. COLLECTIVE AGREEMENT AND ITS PARTIES

Collective agreement (KD) - 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 CA determines the organization of labor relations, the level of claims of employees, the validity of their claims, thereby protecting the interests of the employer.

The interests of the employee in the contract acquire a legal form, they can be protected with the help of state regulation.

Employees of the organization have the right, but are not required to conclude a CA with the employer. In turn, the employer is obliged to start negotiations on concluding an agreement within a week, if he has received such an offer.

The initiator of the development, conclusion, amendment and termination of a contract of agreement can be any of the parties - both employees and the employer.

In KD is prohibited include conditions that worsen the position of employees in comparison with legislation, collective agreements and agreements. Such CAs are considered invalid.

The parties to the CA are:

1) employees represented by one or more trade union bodies or other representative bodies authorized by employees;

2) employers represented by the administration of an organization, enterprise, institution, branch or representative office, or individual entrepreneurs.

Mandatory CA participants:

1) the employer as the owner of production and a party to the contract;

2) its representative, the administration headed by the director, manager, head;

3) the labor collective as a party to the contract;

4) a trade union as a representative of the labor collective of workers;

5) entities - executors for individual obligations.

Representatives of the employer are heads of organizations or other authorized persons.

Employers, executive authorities, local governments, political parties cannot create employee bodies that will represent them when concluding contracts.

Persons representing employers are not entitled to represent employees.

If negotiations on the conclusion of the CA are conducted by the body of the trade union, then workers who are not members of the trade union can authorize the trade union to represent their interests during the negotiations.

15. STRUCTURE AND CONTENT OF THE COLLECTIVE AGREEMENT

The content and structure of the collective agreement are determined by the parties, but basically the CA consists of several sections and annexes: 1) introductory part. It formulates the main directions of development of the organization; 2) rights and obligations of the administration, the employer; 3) rights and obligations of employees of the organization and their representative bodies.

Sections and appendices of the DD contain regulations and obligations of the parties. Normative provisions of the CA should not worsen the position of employees in comparison with the current legislation.

Contents of CD determined by its parties It may include mutual obligations of employees and the employer on the following issues:

- forms, systems and sizes of remuneration;

- payment of allowances, compensations;

- a mechanism for regulating wages, taking into account price increases, inflation rates, and the achievement of indicators determined by the CA;

- employment, retraining, conditions for the release of workers;

- working time and rest time, including issues of granting and duration of holidays;

- improvement of working conditions and labor protection of workers, including women and youth;

- observance of the interests of employees during the privatization of an organization, departmental housing;

- environmental safety and health protection of workers at work;

- guarantees and benefits for employees who combine work with education;

- health improvement and recreation of employees and their families;

- partial or full payment for employees' meals;

- control over the implementation of the design documentation, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employee representatives.

Taking into account the financial and economic situation of the employer, the CA may establish benefits and benefits for employees, working conditions that are more favorable than those established by laws, other regulatory legal acts, agreements.

The content of the agreement must include an indication of the validity period, the procedure for changing the agreement, the deadline for the parties to report on the implementation of the collective agreement.

16. CONCEPT AND TYPES OF EMPLOYMENT

Employment - this is an activity of citizens that does not contradict the law, is associated with the satisfaction of personal and social needs and, as a rule, brings earnings (labor income).

Types of employment:

1) employment for full or part-time work, including temporary and seasonal work. Temporary absence from work does not interrupt the state of employment;

2) entrepreneurship, including farming;

3) self-sufficiency in work (persons of creative professions);

4) work on the basis of membership in cooperatives and artels;

5) elective work in paid positions, civil service;

6) military and equivalent service

7) study in any full-time educational institutions, including in the direction of the employment service;

8) work under civil law contracts;

9) auxiliary crafts and sales of products under contracts.

Employment must be:

- complete, i.e. satisfy the demand for a place;

- to ensure sufficient subsistence for the employee and his family members;

- freely chosen.

Citizens choose the type of activity on their own through commercial employment services or through the state employment service with the provision, in appropriate cases, of social and legal guarantees and compensation.

The Federal Service for Labor and Employment was established in accordance with the Decree of the Government of the Russian Federation of April 6, 2004 No. 156.

All citizens (employed and unemployed) can apply to the employment service. The State Employment Service provides services to citizens free of charge.

Legal regulation of employment of the population is carried out:

- federal laws (Labor Code of the Russian Federation, the Law "On the status of military personnel", etc.);

- international legal acts on labor ratified by the state;

- decrees of the President of the Russian Federation ("On additional measures to protect pregnant women and women with children under 3 years of age, dismissed in connection with the liquidation of enterprises, organizations", etc.);

- Decrees of the Government of the Russian Federation (Regulations "On the organization of work to promote employment in the conditions of mass dismissal of workers", etc.);

- departmental acts (decrees of the Ministry of Labor and Social Development of the Russian Federation);

- current acts of the Federal Employment Service, abolished in August 1996;

- laws and other acts of subjects of the Russian Federation.

- acts of local governments (they may establish other criteria for the mass dismissal of workers);

- Collective agreements and agreements.

17. LEGAL STATUS OF THE UNEMPLOYED AND THE REGULATIONS OF THEIR REGISTRATION

The unemployed are citizens who:

- are able-bodied by age and state of health (have reached the age of 16 and do not receive a pension for old age or for length of service);

- do not have work and earnings, while payment for the performance of public works in the direction of the employment service and those payments that the employee receives are not taken into account;

- ready to start a suitable job;

- registered as job seekers in the employment service at the place of residence, refugees and forced migrants - at the place of their stay. The decision to recognize a citizen as unemployed is made by the employment service no later than 11 calendar days after presentation of the relevant documents.

Citizens cannot be recognized as unemployed:

- under 16 years old;

- who have been assigned an old-age or superannuation pension;

- sentenced to correctional labor or punishment in the form of deprivation of liberty;

- refused within 10 days from the date of registration in the employment service from two options for a suitable job, study;

- who did not appear without good reason within 10 days from the date of registration with the employment service to offer a suitable job;

- those who did not appear on time for registration as unemployed.

Within 10 days from the date of application the employment service must if possible, offer the citizen two options for suitable work, and if it is impossible to find a suitable job or when the person does not have suitable qualifications, two options for professional training (study).

Suitable work is considered, including temporary work, taking into account the following factors:

- professional suitability of the employee for the proposed work;

- conditions of the last place of work;

- the ability to perform work for health reasons;

- transport accessibility of a new workplace For some categories of citizens, these requirements are lowered:

- for citizens who are looking for work for the first time, who do not have a profession, specialty;

- refused to improve, restore qualifications in the existing profession, get a related profession or undergo retraining after the end of the 12-month period of unemployment;

- for citizens registered with the employment service for more than 18 months; etc.

The following jobs are not eligible:

- associated with a change of residence;

- whose working conditions do not comply with the norms and rules on labor protection;

- the proposed earnings on which are lower than the average monthly earnings of a citizen for the last 3 months at the last place of work. And if the average earnings exceed the average earnings in the region, then below this level.

18. GUARANTEES AND COMPENSATIONS FOR THE UNEMPLOYED

1) The right to free vocational guidance (Regulations "On vocational guidance and psychological preparation of the population in the Russian Federation"). This right is granted not only to the unemployed, but also:

- students of educational institutions;

- pupils of boarding schools;

- working youth during the first 3 years of work.

2) The right to free vocational training, retraining and advanced training in the direction of the employment service is granted;

- unemployed disabled people;

- unemployed citizens;

- wives, husbands of servicemen and citizens dismissed from military service;

- Citizens who do not have a profession, specialty.

3) Payment of a scholarship or average earnings during the period of study.

4) Compensation of expenses in connection with sending to work, study in another area in the direction of the employment service.

5) Payment of unemployment benefits.

6) Supplement to earnings in the amount of unemployment benefits at the expense of the state employment fund during the period of participation in public works.

7) Free medical care and medical examination when applying for a job or sending for training.

8) Financial support for the period of temporary disability and maternity leave.

9) Preferential procedure for calculating seniority. The time during which a citizen receives unemployment benefits, a scholarship, takes part in public works, the time required to move to another place for employment in the direction of the employment service during a period of temporary disability, maternity leave, military service or public service duties does not interrupt the length of service and is credited to the total length of service.

10) Early retirement at the suggestion of the employment service, but not earlier than 2 years, of the unemployed from among those dismissed during the liquidation of the enterprise, reduction in the number or staff.

11) Providing material assistance to the unemployed and his family. Such assistance is provided to the unemployed who have lost the right to benefits due to the expiration of the period for its payment, as well as to persons who are dependent on them. Assistance is provided in the form of periodic or one-time lump-sum payments.

12) Payment for children's vouchers to health institutions and camps and expenses for the child's trip to these places.

13) Organization of consultations and financial assistance in organizing their own business.

14) Purchase of medicines and medical products by prescription with a 50% discount. This is a benefit for the unemployed II and III groups of disability.

19. UNEMPLOYMENT BENEFIT

Unemployment benefits - These are monthly cash payments from the pension fund for the social support of the unemployed.

The amount of the allowance depends on: the category of the unemployed; length of service; previous earnings; having dependents, etc.

The benefit is paid:

1) dismissed from organizations, from military service for any reason;

2) orphans, children left without parental care, as well as persons from among orphans and children left without parental care - these are persons aged 8 to 23 years who, at the age of 18, lost their parents or remained without parental care;

3) for all other unemployed, the allowance is assigned in the amount of the minimum wage.

The decision to assign benefits is made simultaneously with the recognition of a citizen as unemployed.

Benefit period - no more than 12 calendar months in total within 18 calendar months plus 2 weeks for each year of work exceeding the length of service required for the award of a pension, but not more than 24 months within 36 calendar months. After 18 calendar months of unemployment, the unemployed person has the right to re-apply for the payment of benefits, but in the amount of the minimum wage.

Payment of benefits suspended for up to 3 months in the following cases:

- rejection of two job options offered to the unemployed;

- dismissal from the last place of work for violation of labor discipline or other guilty actions;

- deductions of a citizen sent to study for guilty actions;

- unauthorized termination of training in the direction of the employment service;

- violation of the terms and conditions of re-registration The period for which the payment is suspended.

benefits, is counted in the total period of payment of benefits and is not counted in the total length of service.

Benefit may be reduced up to 25% for up to 1 month in the following cases:

failure to appear without good reason for negotiations with the employer within 3 days from the date of referral by the employment service;

refusal without good reason to come to the employment service to receive a referral to work, study.

20. CONCEPT AND SIGNIFICANCE OF AN EMPLOYMENT CONTRACT

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 by the collective agreement, agreements, local regulations and this agreement, pay wages to the employee in a timely manner and in full, 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 principle of freedom of labor contract underlies not only his voluntary conclusion, but also the continued existence of labor relations.

An employment contract defines the legal status of a citizen as a participant in a certain labor cooperation as an employee of a labor collective. Only with the conclusion of an employment contract does a citizen become a member of the labor collective and is subject to its internal labor regulations, labor regime. This labor contract differs from related civil law contracts related to labor (contract, assignment, copyright, etc.).

Signs of an employment contract:

1) personal performance of a labor function;

2) performance of work in the general labor process;

3) subordination of an employee in the process of performing a labor function to the rules of internal labor regulations;

4) remuneration according to pre-established norms, but not lower than the guaranteed minimum established at the federal level.

The specifics of the employee's obligations under the employment contract consists in the fact that he performs work on a specific labor function (specialty, position, qualification), and is also subject to internal labor regulations.

In turn, under civil law contracts (contracts, assignments, copyright), a citizen does not obey discipline, the internal regulations of this enterprise, i.e. he organizes the work, performs it at his own risk, he himself ensures labor protection and he is paid only the labor process , the end result of labor or a completed assignment.

21. TYPES OF EMPLOYMENT CONTRACTS BY TERM

Employment contracts may be

1) For undefined period;

2) for a period not exceeding 5 years (fixed-term employment contract), unless a different period is established by the Labor Code of the Russian Federation and other federal laws.

If the term of its validity is not specified in the employment contract, then the contract is considered concluded For undefined period.

An employment contract concluded for a fixed period in the absence of sufficient grounds established by the court is considered to be concluded for an indefinite period.

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 done or the conditions for its implementation, unless otherwise provided by the Labor Code of the Russian Federation and other federal laws.

A fixed-term employment contract is concluded: for the duration of the performance of the duties of an absent employee, for whom the place of work is retained; for the duration of temporary (up to two months) works; with persons sent to work abroad; to carry out work that goes beyond the normal activities of the employer, as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided; with persons entering organizations established for a known period of time or for the performance of a known work; to perform certain work, in cases where its completion cannot be determined; to perform work directly related to the internship and professional training of the employee; in cases of election for a certain period to an elected body or to an elective position, etc. Never conclusion of fixed-term employment contracts in order to avoid granting the rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period.

By agreement of the parties, a fixed-term employment contract may be concluded: with persons entering work for small business employers whose number of employees does not exceed 35 people (in the field of retail trade and consumer services - 20 people); with age pensioners entering work, as well as with persons who, for health reasons and for medical reasons, are allowed to work exclusively of a temporary nature; with those applying for work in organizations located in the Far North; to carry out urgent work to prevent disasters, accidents and other emergencies; with persons elected through competition to fill the relevant position; with creative workers; with managers, deputy managers, and chief accountants of organizations, regardless of their legal forms and forms of ownership; with persons studying full-time, etc.

22. CONCLUSION OF AN EMPLOYMENT CONTRACT

The conclusion of an employment contract is allowed with persons who have reached the age of 16 years.

In cases of receiving general education or continuing to master the main general education program of general education in a form of education other than full-time, or leaving a general education institution, an employment contract may be concluded by persons who have reached 15 years, to perform light work that does not harm their health.

With the consent of one of the parents (trustee) and the body of guardianship and guardianship, an employment contract can be concluded with a student 14 years to perform light work in his free time from school, which does not harm his health and does not violate the learning process.

In cinematography organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, to conclude an employment contract with persons under 14 years old, to participate in the creation and (or) performance of works without prejudice to health and moral development. The employment contract on behalf of the employee in this case is signed by his parent (guardian). The permission of the body of guardianship and guardianship indicates the maximum allowable duration of daily work and other conditions.

When concluding an employment contract a person applying for a job presents to the employer a) Passport or other document proving identity; b) the work record book, except for cases when the labor contract is concluded for the first time or the employee comes to work on the conditions of part-time work; at) insurance certificate of state pension insurance; d) military registration documents - for those liable for military service and persons subject to conscription for military service; d) a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.

It is forbidden to demand from a person entering a job, documents not provided for by the legislation of the Russian Federation.

When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are drawn up by the employer. If a person applying for a job does not have a work book, the employer is obliged, upon a written application of this person (with an indication of the reason for its absence), to issue a new work book.

Unreasonable refusal to conclude an employment contract, as well as direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract, depending on gender, race, skin color, nationality, language, origin, age, place of residence is prohibited.

When hiring (before signing 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 the labor function of the employee, the collective agreement.

23. FORM AND CONTENT OF AN EMPLOYMENT CONTRACT

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative.

Content of an employment contract - a set of its conditions, determined by the mutual obligations of the parties.

Types of conditions of an employment contract: 1) conditions regulated by law: a) employer - an enterprise of any form of ownership, institution, organization, individual citizens; b) employee - a citizen who has reached the age of 16 (in exceptional cases, 15 years); students who have reached the age of 14, in the cases and in the manner prescribed by law; at) term of the contract. According to the Labor Code of the Russian Federation, an employment contract may be concluded for an indefinite period, for a definite period of not more than 5 years, for the duration of a certain work; 2) conditions developed by agreement of the parties: a) necessary; b) additional (optional).

The necessary conditions of the employment contract must necessarily be agreed upon by the parties and reflected in the employment contract. Lack of agreement on these terms invalidates the treaty itself. The necessary conditions include: place of work; labor function; date of commencement of work; working hours; obligations of the employer; terms of payment.

The contract must necessarily contain an agreement on the very fact of admission - hiring, i.e. proof of the mutual expression of will of the parties.

The employment contract indicates: surname, first name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into the employment contract.

Essential conditions employment contract are: 1) place of work (indicating the structural unit); 2) date of commencement of work; 3) labor function; 4) rights and duties of the employee; 5) rights and obligations of the employer; 6) characteristics of working conditions, compensation and benefits to employees for work in difficult, harmful and (or) dangerous conditions; 7) the regime of work and rest (if it differs from the general rules established in the organization in relation to this employee); 8) terms of remuneration and compensation; 9) types and conditions of social insurance related to employment.

The terms of the employment contract can be changed only by agreement of the parties and only in writing.

If a fixed-term employment contract is concluded, it shall indicate the period of its validity and the circumstance (reason) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation and other federal laws.

24. WORK BOOK. WORK FUNCTION OF AN EMPLOYEE

Employment history of the established form is the main document on labor activity and seniority of the employee.

The form, procedure for maintaining and storing work books, as well as the procedure for preparing blank work books and providing employers with them, are established by the federal executive body.

The employer (with the exception of employers - individuals who are not individual entrepreneurs) is obliged to keep work books for each employee who has worked in the organization for more than 5 days, if the work in this organization is the main one for the employee.

The work book contains information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee, as well as the grounds for terminating the employment contract and information about awards for success in work. Information about penalties in the work book is not entered, except in cases where dismissal is a disciplinary sanction.

At the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.

In case of revealing an incorrect, inaccurate record of information about work, translation and other corrections are made by the administration of the organization where the corresponding record was made or by its legal successor or higher authority.

Labor function of the employee determines the duties of the employee, the nature of the work, on which the amount and procedure for remuneration, the length of the working day and holidays may depend.

Job Title defines the employee's powers, their specific content and boundaries. Both the scope of the employee's rights and the degree of responsibility assigned to him depend on the position. Specialty indicates the presence of certain skills and knowledge acquired in the process of special education.

An employee’s responsibilities may be determined by internal labor regulations, technical rules, instructions, orders, and various administrative orders. Some of these acts contain general duties of workers and employees, others - specific ones, dictated by the characteristics of production.

25. WORKING HOURS

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 internal labor regulations in accordance with the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements.

Features of working hours and rest time for transport workers, communications workers and others who have a special nature of work, are determined in the manner established by the Government of the Russian Federation.

Working hours are determined internal regulations or shift schedules and applies to all employees. In some cases, it may be necessary to specify the working hours, come to an agreement on part-time work, flexible work schedules, etc. In this case, an appropriate entry is made in the employment contract.

Working hours should be distinguished from organization's mode of operationbecause they may not match. The working time regime is an integral part of the internal labor schedule and must be observed by each employee. In addition, it can be the same for all employees or different for individual departments, and, of course, it is possible to establish an individual mode of operation for a particular employee by agreement of the parties. The working time regime is established by the organizations themselves, and the legislation determines only the procedure for establishing the working time regime, its most important elements, and also establishes guarantees for employees when applying certain work regimes. The working time regime is usually fixed in collective agreements, internal labor regulations, shift schedules.

26. REST TIME

Time relax - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion.

Types of rest time are: breaks during the working day (shift); daily (between shifts) rest; days off (weekly uninterrupted rest); non-working holidays; holidays.

During the working day (shift), the employee must be given a break for rest and meals lasting no more than 2 hours and no less than 30 minutes, which is not included in working hours.

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

All employees are provided Weekend (weekly uninterrupted rest). The duration of a weekly uninterrupted rest cannot be less than 42 hours.

With a five-day work week, employees are provided with 2 days off per week, with a six-day work week - 1 day off. The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

In organizations in which the suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the rules of internal labor regulations.

In addition to the above types of recreation, employees are provided with annual leave while maintaining their place of work (position) and average earnings.

Annual basic paid leave provided to employees for a period of 28 calendar days. Annual basic paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws.

In addition, provided annual additional paid holidays persons employed in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by federal legislation .

Employers, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by law. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations.

27. TERMS OF PAYMENT. OPTIONAL TERMS OF THE EMPLOYMENT CONTRACT

One of the main issues that need to be reflected in the employment contract is the issue of remuneration. Wage issues are resolved directly at the enterprises. Their regulation is carried out by local regulations.

Salary (employee's 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 (surcharges and allowances of a compensatory nature, including for work in conditions that deviate from normal, work in special climatic conditions and on territories exposed to radioactive contamination and other compensation payments) and incentive payments (additional payments and bonuses of a stimulating nature, bonuses and other incentive payments).

Optional terms of the employment contract - conditions that do not affect the very fact of concluding an employment contract. They depend on the discretion of the parties, but cannot worsen the position of the employee in comparison with the law and other regulations.

In an employment contract impossible even by agreement of the parties establishment of the following conditions

- Penalties not provided for by law;

- the introduction of full and increased liability in addition to cases provided for by law;

- procedure for consideration of individual labor disputes.

The facultative conditions included in the employment contract are binding on the parties. Their violation by the employer is sufficient grounds for early termination of the contract. Since the optional conditions cannot introduce any restrictions or additional liability for the employee, their violation by the latter does not serve as a basis for terminating the employment contract.

The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation, in particular: on specifying the place of work and / or workplace; about the test; on non-disclosure of legally protected secrets (state, official, commercial and other); on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer; on the types and conditions of additional employee insurance; on the improvement of the social and living conditions of the employee and members of his family, and so on.

By agreement of the parties, the labor contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements ... Failure to include any of the specified rights and (or) obligations of the employee and the employer in the employment contract cannot be considered as a refusal to exercise these rights or fulfill these obligations.

28. TEST FOR EMPLOYMENT

At the conclusion of the employment contract in it by agreement of the parties there can be provided a condition for testing the employee in order to verify its compliance with the work assigned.

The absence of a test clause in the employment contract means that the employee is hired without a test. In the case when the employee is actually admitted to work without drawing up an employment contract, the probationary condition can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.

During the testing period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing the norms of labor law, collective agreement, agreements, local regulations.

A test for employment is not established for: persons elected by competition to fill the relevant position; pregnant women and women with children under the age of one and a half years; persons under the age of 18; persons who have graduated from state-accredited educational institutions of primary, secondary and higher vocational education and for the first time come to work in the acquired specialty within one year from the date of graduation from the educational institution; persons elected to elective office for paid work; persons invited to work in the order of transfer from another employer as agreed between employers; persons concluding an employment contract for a period of up to two months; other persons.

The trial period cannot exceed three months., and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law. When concluding an employment contract for a period of two to six months, the probationary period cannot exceed two weeks. The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period.

The position of persons hired on probation is no different from the position of other employees.

In case of an unsatisfactory test result, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him in writing no later than 3 days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test. At the same time, the termination of the employment contract is carried out without taking into account the opinion of the relevant trade union body and without paying severance pay. The employee has the right to appeal against the decision of the employer in court.

If the probation period has expired, and the employee continues to work, then he is considered to have passed the probation and the subsequent termination of the employment contract is allowed only on a general basis.

If during the trial period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer in writing 3 days in advance.

29. PROFESSIONAL DEVELOPMENT

Employees have the right to vocational training, retraining and advanced training, including training in new professions and specialties. This right is exercised by concluding an additional agreement between the employee and the employer.

Need for training and retraining of personnel for their own needs is determined by the employer. It conducts vocational training, retraining, advanced training of workers, teaching them second professions in the organization, and, if necessary, in educational institutions of primary, secondary, higher vocational and additional education on the terms and in the manner determined by the collective agreement, agreements, and employment contracts.

Forms of vocational training, retraining and advanced training of employees, the list of required professions and specialties are determined by the employer, taking into account the opinion of the representative body of employees.

In cases stipulated by federal laws, other regulatory legal acts, the employer is obliged to conduct 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 the Labor Code of the Russian Federation, other regulatory legal acts, a collective agreement, agreements, and an employment contract.

During the period of training for the purpose of advanced training, the employee retains his place of work (position) and he receives payments provided for by law.

For employees of enterprises, regardless of the form of ownership, during the period of training (training, retraining, training in second professions, advanced training), the average salary at the main place of work is retained with a break from work.

Payment for trainees' travel to and from the place of study, daily allowance for the time spent on the road is carried out at the place of the main work. At the time of training, students are provided with a hotel-type hostel with expenses paid by the sending party. Heads of ministries, departments, state enterprises may allow, as an exception, to produce additional payments in excess of reimbursement rates:

- in budgetary organizations - due to savings on the estimate for their maintenance;

- in organizations financed from special funds and other sources - within the limits of available funds;

- in other organizations and enterprises - at the expense of the profit remaining at their disposal after the payment of taxes established by the current legislation and other obligatory payments to the budget.

30. CONCEPT AND GROUNDS FOR TERMINATION OF AN EMPLOYMENT CONTRACT

Termination of an employment contract - exemption from work as a worker or employee at an enterprise, institution, organization on the grounds and in the manner prescribed by law. Termination of an employment contract, and consequently, dismissal of an employee, is possible on the grounds established by the legislation of the Russian Federation.

grounds, i.e. the reasons for termination of an employment contract, dismissal of an employee, are such life circumstances that are enshrined in law as legal facts necessary for termination of an employment contract.

Termination of an employment contract covers both unilateral and bilateral volitional actions and events, while termination covers only unilateral volitional actions.

Grounds for termination of an employment contract in accordance with the Labor Code of the Russian Federation: 1) agreement of the parties. Occurs when the parties mutually desire to terminate the employment relationship (Article 78); 2) expiration of the employment contract (Article 79). However, if the term of the contract has expired, and the employment relationship continues and none of the parties has demanded its termination, then the employment contract is considered extended for an indefinite period on the same conditions; 3) termination of the employment contract at the initiative of the employee (art. 80), employer (art. 71 and 81); 4) transfer of an employee with his consent to another enterprise, institution, organization or transfer to an elective position; 5) the employee's refusal to continue working in connection with a change in the owner of the organization's property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75); 6) refusal of the employee to continue work in connection with a change in the essential conditions of the employment contract (part 4 of article 74); 7) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts 3 and 4 of article 73);

8) refusal of the employee to transfer to work in another locality together with the employer (part 1 of article 72.1);

9) circumstances beyond the control of the parties (art. 83); 10) violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84)

An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

In all cases day of dismissal of the employee is the last day of his work, with the exception of cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal laws, his place of work was retained. Termination of an employment contract issued by order (instruction) of the employer. The employee must be familiarized with the order (instruction) against signature. At the request of the employee, the employer is obliged to issue a certified copy of the order (instruction). In the event that the order (instruction) 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).

31. TERMINATION OF THE EMPLOYMENT CONTRACT ON THE INITIATIVE OF THE EMPLOYER. PECULIARITIES

One of the essential guarantees of the right to work is the limited list of grounds established by law for the dismissal of employees at the initiative of the administration. These the grounds for dismissal at the initiative of the administration are enshrined in Art. 81 of the Labor Code of the Russian Federation and are common to all categories of workers, no matter where, by whom and no matter how long they work. Some of them are related to the employee’s fault, others - to production circumstances (reduction in staff, numbers), and others - to the personal qualities of the employee (inconsistency with the work performed) or the restoration of violated labor rights.

In addition to the list of grounds, there are also certain rules for dismissal for each of them. Therefore, the administration can terminate, on its own initiative, an employment contract with an employee if there is not only the basis for dismissal, but also all the rules for dismissal on this basis are observed.

It is not allowed to dismiss an employee at the initiative of the employer (except for the case of liquidation of the organization or termination of activities by the employer - an individual) during the period of his temporary incapacity for work and while on vacation.

In the event of termination of the activities of a branch, representative office or other separate structural subdivision of an organization located in another locality, termination of employment contracts with employees of these structural subdivisions is carried out according to the rules provided for in cases of liquidation of the organization.

When deciding to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts with employees on this basis, the employer is obliged to notify the elected body of the primary trade union organization in writing no later than 2 months before the start of the relevant events, and in if the decision to reduce the number or staff of the organization's employees can lead to mass layoffs of employees, - no later than 3 months before the start of the relevant events. Criteria for mass layoffs are determined in industry and (or) territorial agreements.

32. GROUNDS FOR TERMINATION OF THE AGREEMENT AT THE INITIATIVE OF THE EMPLOYER

The employment contract can be terminated by the employer in the following cases: 1) liquidation of an organization or termination of activity by an individual entrepreneur; 2) reduction in the number or staff of employees of the organization, individual entrepreneur; 3) non-compliance of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification; 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) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift); b) the appearance of an employee at work in a state of alcoholic, narcotic or other toxic intoxication at) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee; d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses; d) violation of labor protection requirements by the employee established by the labor protection commission or the labor protection commissioner, if this violation entailed grave consequences (accident at work, accident, catastrophe) 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 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.

33. TERMINATION OF THE EMPLOYMENT CONTRACT ON THE INITIATIVE OF THE EMPLOYEE

Labor law provides two options for terminating the employment contract at the initiative of the employee depending on the type of contract concluded: a) termination of an employment contract concluded for an indefinite period; b) termination of a fixed-term employment contract.

Features of termination of the contract concluded for an indefinite period:

1) Any employee, regardless of their position, can terminate the employment contract at any time and even without explaining the reason for dismissal. It is prohibited only to dismiss, on their own initiative, persons serving correctional labor without the knowledge of the penitentiary inspection;

2) termination of the contract can take place only in accordance with the actual will of the employee without pressure from the administration;

3) the employee is obliged to notify the employer of his decision in writing no later than 2 weeks, unless another period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins on the day after the employer receives the employee's application for dismissal. For temporary and seasonal workers, the notice period is 3 days;

4) after the expiration of the warning period, the employee has the right to stop working, the employer is obliged to issue him a work book and make a calculation;

5) by agreement between the employee and the administration, the employment contract may be terminated even before the expiration of the notice period;

6) during the warning period, the employee has the right to refuse the submitted application and dismissal is not carried out, except when another employee is invited to this place, who cannot be refused to conclude an employment contract;

7) if, after the expiration of the notice period, the employment contract has not been terminated and the employee does not insist on dismissal, the employment contract is considered extended and the employer is not entitled to dismiss the employee on a previously submitted application. In these cases, the administration has the right to terminate the employment contract after the specified date only in agreement with the employee, who must write a new application.

In case of dismissal of one's own free will, continuous work experience is maintained provided that one enters another job within 3 weeks from the date of dismissal, and in case of dismissal for good reasons - within a month, unless otherwise provided by law. Continuous work experience is not preserved in case of repeated dismissal of one's own free will without good reason, if 12 months have not passed from the day preceding dismissal on the same basis.

A fixed-term employment contract may in some cases be terminated at the initiative of the employee ahead of schedule. Unauthorized termination of work ahead of schedule may be considered absenteeism, and the employee may be fired.

During the warning period, the administration may dismiss the employee if he has committed a misconduct, which is the basis for dismissal.

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

An employment contract can be terminated at the initiative of not only its parties, but also third parties who are not a party to the employment contract.

An employment contract is subject to termination due to the following 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;

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

3) non-election to office;

4) condemnation of the employee to a punishment that precludes the continuation of the previous work in accordance with a court verdict that has entered into legal force;

5) recognition of an employee as completely incapable of work in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts;

6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;

7) the onset of emergency circumstances that prevent the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a public authority of the corresponding subject of the Russian Federation.

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

9) expiration, suspension for a period of more than two months or deprivation by an employee of a special right (a license, the right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill the obligations under the 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.

Termination of the employment contract on the grounds provided for in clauses 2, 8, 9 or 10 is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, or a vacant lower position or lower paid work) that the employee can perform, taking into account his state of health. 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 given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

35. TERMINATION OF AN EMPLOYMENT CONTRACT BY THE MUTUAL EXPRESSION OF THE PARTIES, DUE TO VIOLATION OF THE RULES FOR CONCLUDING AN EMPLOYMENT CONTRACT

By agreement of the parties arises and by their agreement terminates at any time any type of employment contract. This ground for terminating an employment contract applies mainly in cases where the parties terminate a fixed-term employment contract ahead of schedule. The legislation does not indicate any reasons limiting the possibility of such an agreement, and upon termination of an agreement with an indefinite period of validity.

This ground for dismissal is indicated in the work book even if the contract provides for dismissal on grounds not provided for by law.

Upon reaching an agreement between the employee and the administration on the termination of the employment contract, the contract is terminated within the period specified by the parties. Cancellation of such an agreement can take place only with the mutual consent of the administration and the employee.

By agreement of the parties, the employment contract is terminated when the possibility of unilateral termination of the employment contract is excluded.

An employment contract is terminated due to violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal lawif violation of these rules excludes the possibility of continuing work, in the following cases: 1) 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; 2) 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; 3) 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, etc.; 4) 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 that precludes the employee from fulfilling obligations under an employment contract, or the conclusion of an employment contract in violation of established restrictions, prohibitions and requirements relating to attraction to labor activity of citizens dismissed from the state or municipal service; 5) in other cases stipulated by federal laws.

The employment contract is terminated if it is impossible to transfer the employee with his written consent to another job that the employee can perform taking into account his state of health. 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 given area.

If the violation of the rules for concluding an employment contract 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, then the employer is not obliged to offer him another job, and severance pay is not paid.

36. CONCEPT AND TYPES OF CHANGING THE EMPLOYMENT CONTRACT

Changing the terms of the employment contract determined by the parties is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

types of changes in the employment contract: 1) transfer to another job, including temporary; 2) moving to another workplace within the organization; 3) changing working conditions.

Translate to another job is the release of the employee from the work performed under the concluded labor contract and the imposition on him of obligations to perform other work not provided for by the labor contract. The basis for the transfer may be a change in the labor function or a change in the essential terms of the employment contract.

Transfer to another job, except for temporary transfer due to production needs or downtime, without the consent of the employee is not allowed change of employment contract - this is a change in its conditions, which may consist of: 1) assignment to work in another organization, except for cases of business trips to perform official assignments outside the place of permanent work; 2) assignment to work in another locality, except for cases when work in another locality is stipulated at the conclusion of the contract or follows from the content of the labor function (geologists, assemblers); 3) change of ownership, reorganization of a legal entity Change of job function - assignment to an employee of work in another profession, specialty or position.

Moving to another workplace - this is a change in the workplace within the organization while maintaining the labor function and other essential working conditions. It does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him to work on another mechanism or unit, if this does not entail a change in the conditions specified by the parties. When moving, the labor function and the area in which the employee worked are preserved. Refusal to move in the absence of valid reasons is a violation of labor discipline.

If the employee does not agree to continue working under the new conditions, then the employer is obliged to offer him in writing another job available in the organization that corresponds to his qualifications and state of health, and in the absence of such work, a vacant lower position or lower paid job that the employee can perform with taking into account his qualifications and health status.

Dismissal on the specified grounds is considered lawful in the presence of a combination of the following three conditions: 1) changes in the organization of production and labor actually took place and were agreed upon in the established cases with the trade union body or the collective of workers; 2) the old working conditions cannot be preserved, that is, a new technology is introduced, a new production is created, the structure of the organization changes; 3) the employee was warned 2 months in advance.

37. GUARANTEE PAYMENTS, SUPPLEMENTS AND 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.

Compensatory payments - these are payments that are intended to reimburse the employee for material costs incurred in connection with the need to perform work duties or other duties provided for by the Labor Code of the Russian Federation and other federal laws. They are established centrally and can be increased by the employer compared to the general norm (in budgetary organizations - at the expense of funds allocated according to the estimate for their maintenance; in others - at the expense of their own funds, ultimately attributed to the cost price).

Compensation payments are mandatory for all employers. They are not taxed within the limits established by law, and they are not subject to insurance contributions to off-budget funds. When traveling on business trips, daily allowances are not taxed within the limits established by law, as well as documented actual expenses for renting housing and travel.

Compensation payments, as a rule, are not taken into account when calculating average earnings.

In addition to the general guarantees and compensations provided for by the Labor Code of the Russian Federation (when hiring, transferring to another job, for wages, etc.), employees are provided with guarantees and compensations in the following cases:

- when sent on business trips;

- when moving to work in another area;

- in the performance of state or public duties;

- combining work with study

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

- when granting annual paid leave;

- in some cases, the termination of the employment contract;

- due to a delay due to the fault of the employer in issuing a work book upon dismissal of an employee, etc. When guarantees and compensations are provided, appropriate payments are made at the expense of the employer. Bodies and organizations in whose interests the employee performs state or public duties (juries, donors, members of election commissions, etc.) make payments to the employee in the manner and on the terms provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation

In these cases, the employer releases the employee from the main work for the period of performance of state or public duties.

38. GUARANTEES WHEN SENDING EMPLOYEES ON BUSINESS TRAVEL AND MOVING TO WORK TO 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.

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 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 place of permanent residence (per diem)

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

The procedure and amount of reimbursement of expenses related to business trips are determined by a collective agreement or a local regulatory act.

When an employee moves by prior arrangement with the employer to work in another area The employer is obliged to compensate the employee:

- expenses related to the relocation of the employee, members of his family and transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);

- the cost of settling in a new place of residence.

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract.

Employees whose permanent work is carried out on the road or has a traveling nature, as well as employees working in the field or participating in expeditionary work, the employer reimburses 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.

The amount and procedure for reimbursement of such expenses, as well as the list of works, professions, positions of these employees are established by the collective agreement, agreements, local regulations. The amount and procedure for reimbursement of these expenses may also be established by the employment contract.

39. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES COMBINING WORK WITH TRAINING

The legislation of the Russian Federation provides provision of additional vacations while maintaining average earnings:

1) employees sent for training by the employer or independently enrolled in educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms in correspondence and part-time (evening) forms of education, successfully studying in these institutions;

2) employees sent for training by the employer or independently enrolled in educational institutions of secondary vocational education with state accreditation, regardless of their organizational and legal forms in correspondence and part-time (evening) forms of education, successfully studying in these institutions;

3) employees successfully studying in state-accredited educational institutions of primary vocational education, regardless of their organizational and legal forms.

Employees who successfully study part-time education in state-accredited educational institutions of higher and secondary vocational education, once a school year, the employer pays for travel to the location of the relevant educational institution and back.

For employees studying in correspondence and part-time (evening) forms of education, for a period of 10 academic months before the start of a graduation project (work) or passing state exams, a working week is set at their request, reduced by 7 hours. During the time of release from work specified employees are paid 50% of the average wage at their main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, the reduction of working time is carried out by providing the employee with 1 free day from work per week or by reducing the length of the working day during the week.

Guarantees and compensations for employees who combine work with education in educational institutions that do not have state accreditation are established by a collective agreement or an employment contract.

Guarantees and compensations for employees who combine work with education are provided when they receive an education of the appropriate level for the first time.

In addition to the additional holidays provided for in Art. 173-176 of the Labor Code of the Russian Federation, by agreement of the employer and employee, annual paid holidays may be added.

An employee who combines work with education at two educational institutions at the same time is provided with guarantees and compensations only in connection with studying at one of these educational institutions (at the choice of the employee).

40. GUARANTEES AND COMPENSATION TO EMPLOYEES RELATED TO THE TERMINATION OF THE EMPLOYMENT CONTRACT

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

Severance pay in the amount of two weeks average earnings paid to employees upon termination of the employment contract in connection with: 1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it; 2) reinstatement at work of an employee who previously performed this work; 3) refusal of the employee to transfer to another job, necessary for him in accordance with the medical report; 4) refusal of the employee to transfer to work in another area together with the employer; 5) recognition of an employee as completely incapable of work in accordance with a medical report; 6) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties.

An employment or collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay.

When reducing the number or staff of employees preferential right to stay at work provided to workers with higher labor productivity and qualifications. With equal labor productivity and qualifications preference in leaving at work is given to: 1) family - in the presence of 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 and main source of livelihood); 2) persons in whose family there are no other self-employed workers; 3) employees who have received a labor injury or occupational disease in this organization; 4) invalids of the Great Patriotic War and invalids of military operations for the defense of the Fatherland; 5) employees who improve their skills in the direction of the employer on the job.

The collective agreement may provide for other categories of workers enjoying the preferential right to remain at work with equal labor productivity and qualifications.

When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (vacant position).

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period (2 months), paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining until the expiration of the notice of dismissal.

41. OTHER WARRANTIES AND REMEDIES

1) when transferring an employee who, in accordance with a medical report, needs to be provided with another job, to another lower-paid job in this organization - he retains the average earnings for his previous job for 1 month from the date of transfer, and when transferring due to a work injury, occupational disease or other work-related health injury - until permanent loss of professional ability to work is established or until the employee recovers;

2) in case of temporary incapacity for work, the employer shall pay the employee a benefit for temporary incapacity for work. The amount and conditions of its payment are established by federal law;

3) in case of damage to health or in case of death of an employee due to an accident at work or an occupational disease, the employee (his family) shall be compensated for his lost earnings (income), as well as additional expenses related to damage to health for medical, social and professional rehabilitation or corresponding expenses in connection with the death of an employee. The types, volumes and conditions for granting guarantees and compensations to employees in these cases are determined by federal law;

4) for the duration of the medical examination, employees who are obliged in accordance with the Labor Code of the Russian Federation to undergo such an examination retain their average earnings at the place of work;

5) on the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work.

When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this;

6) when the employer sends an employee for advanced training with a break from work, he retains his place of work (position) and the average salary at the main place of work. Employees sent for advanced training with a break from work in another area are paid travel expenses in the manner and amount that are provided for persons sent on business trips;

7) when the employee, with the consent or knowledge of the employer and in his interests, uses personal property, the employee is paid compensation for the use, wear (depreciation) of the tool, personal transport, equipment and other technical means and materials belonging to him, and the expenses associated with their use. The amount of reimbursement of expenses is determined by the agreement of the parties to the employment contract, expressed in writing.

42. WORK DISCIPLINE. WORK REGULATION

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.

Labor discipline ensures conscientious, qualified performance of work and highly productive use of working time.

Labor discipline is understood as:

- as a principle of labor law (identified with the norms of labor legislation aimed at maintaining order and discipline in the labor process);

- as an element of the labor relationship (duties of the subjects of the labor process);

- as an institution of labor law - a set of legal norms that fix the internal labor regulations of the organization, mandatory rules of conduct for participants in the labor process and measures to ensure compliance with these rules;

- as the actual behavior of employees - the level of compliance with labor discipline.

Methods for ensuring labor discipline: a) creation of the necessary organizational and economic conditions for normal high-performance work; b) conscious attitude to work; at) persuasion and education; d) incentives for conscientious work; d) creating an atmosphere of intolerance towards violators of discipline; f) application of measures of disciplinary and public influence Internal labor schedule is a system of relations that develop within the team in the performance of labor duties.

The internal order is regulated by:

1) the Labor Code of the Russian Federation and other federal laws (for example, "On Accounting", etc.);

2) internal labor regulations - a local regulatory act of the organization that regulates, in accordance with the Labor Code of the Russian Federation and other federal laws, the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to the employment contract, the working hours, rest time, incentives and incentives applied to employees penalties, as well as other issues of regulation of labor relations in the organization;

3) charters and regulations on discipline for certain categories of workers, which are approved by the Government of the Russian Federation and operate in those sectors of the economy where violations of labor discipline can lead to especially dangerous consequences (transport communications, etc.);

4) job descriptions, regulations, technical rules that fix the special duties of certain categories of employees;

5) by orders and orders of the administration, the internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization. They, as a rule, are an annex to the collective agreement.

43. CONCEPT AND TYPES OF DISCIPLINARY RESPONSIBILITY

Violation of labor discipline - This is a special type of offense called a disciplinary offense.

Disciplinary misconduct - unlawful guilty failure to perform or improper performance of labor duties assigned to the employee.

The action (inaction) of an employee is recognized as a disciplinary offense if the following conditions are simultaneously present: a) is illegal; b) is guilty (committed intentionally or recklessly); at) related to work (with the performance of work duties).

A disciplinary offense entails the application of measures of a disciplinary or social nature, as well as the application of other measures of legal influence. It is possible to simultaneously apply an administrative and disciplinary sanction (for drinking alcohol on the territory of the enterprise during working hours and for being at work in a state of intoxication).

The commission of theft at the place of work may result in a disciplinary sanction in the form of dismissal, along with criminal or administrative liability or the application of public penalties.

Types of disciplinary liability: 1) general; 2) special.

General disciplinary actions: 1) comment; 2) rebuke; 3) dismissal.

General disciplinary responsibility has the following features: 1) occurs according to the rules of the internal labor schedule; 2) applies to all employees who are subject to statutes and special provisions; 3) employees are subject to penalties under Art. 192 of the Labor Code of the Russian Federation; 4) disciplinary power is vested in officials, the list of which is established by the internal labor regulations; 5) only those officials who have the right to hire and dismiss employees can dismiss.

The penalty can be appealed directly to the labor dispute commission and to the court. The period for appealing a penalty in the form of dismissal is 3 months from the date the employee familiarizes himself with the dismissal order and 1 month from the date of delivery of the dismissal order.

When imposing a penalty, the severity of the offense, the circumstances of its commission, the previous work and the behavior of the employee should be taken into account.

Special disciplinary responsibility provided for: 1) employees of transport, communications, state atomic supervision; 2) civil servants.

Special disciplinary responsibility for civil servants is provided for by the Federal Law "On the State Civil Service of the Russian Federation"

Types of charges: 1) general disciplinary sanctions; 2) warning about incomplete service compliance.

The disciplinary authority is vested in a body or an official who has the right to appoint a civil servant to a position. The recovery is appealed to a higher state body and court.

44. RULES FOR THE IMPOSATION AND REMOVAL OF DISCIPLINARY PENALTY

The Labor Code of the Russian Federation provides for the following rules for imposing and removing disciplinary sanctions.

1) the penalty is applied by the official to whom such a right has been granted;

2) certain categories of employees may be subject to disciplinary action only with the prior consent of the relevant authorities;

3) only such penalty can be applied, which is provided for by the current legislation;

4) for each misconduct, only one disciplinary sanction may be applied, however, bringing the employee to material liability for damage caused to the employer, depriving the employee of leave, bonuses, the thirteenth wage is not a disciplinary sanction.

5) the measure of punishment chosen by the administration must correspond to the severity of the misconduct committed by the employee;

6) the penalty is applied immediately upon discovery of the offense, but no later than 1 month from the date of discovery, not counting the time of illness and vacation. The day the misconduct was discovered is the day when the employee’s immediate supervisor became aware of it, regardless of whether he has disciplinary rights or not;

7) the penalty cannot be applied later than 6 months from the date of the commission of the offense, and based on the results of the audit and audit of economic activities - no later than 2 years from the date of the commission of the offense. The specified time limits do not include the time of criminal proceedings;

8) before applying a disciplinary sanction, the employer must demand a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction;

9) the penalty is announced in the order and reported to the employee against signature. Refusal to paint is fixed by the relevant act;

10) after a year of impeccable work, the penalty becomes invalid automatically; before the end of the year, it can be lifted early;

11) during the period of validity of the disciplinary sanction, incentive measures are not applied to the employee;

12) a disciplinary sanction may be appealed in the manner prescribed by the current legislation;

13) the application of measures of public influence solely on the initiative of a team of employees is not an obstacle to bringing an employee to disciplinary liability.

45. HOURS OF WORKING. REDUCED WORKING HOURS

Normal working hours established by law and is the same for all enterprises, regardless of the form of ownership. In general, on the basis of Art. 91 of the Labor Code of the Russian Federation, it cannot exceed 40 hours per week. This is the general maximum standard of working hours for all workers, both permanent, temporary and seasonal, and also regardless of whether their working week is five or six days. In general, workers have a five-day work week with two days off. A six-day week is established, for example, at enterprises of trade, communications, transport, etc., where, due to the nature of production and working conditions, the introduction of 5 working days a week is impractical. At the same time, the duration of the working day cannot exceed 7 hours at a 40-hour weekly rate.

With a five-day working week, the organization itself determines the duration of daily work, including the start and end time of work in compliance with the established duration of the working week. This can be fixed either in the rules of the labor schedule, or in shift schedules. Moreover, the latter must be brought to the attention of employees no later than 1 month before they are put into effect. And, as a rule, with a 40-hour five-day work week, the duration of the shift is 8 hours.

Reduced hours of work established only for certain categories of workers:

- no more than 24 hours a week - for employees under the age of 16;

- no more than 35 hours per week - for employees who are disabled people of group I or II;

- no more than 35 hours per week - for employees aged 16 to 18;

- no more than 36 hours per week - for workers employed in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation. The working time of students of educational institutions under the age of 18 working during the academic year in their free time may not exceed half of the norms established for employees of the corresponding age.

The Labor Code of the Russian Federation and other Federal Laws may establish reduced working hours for other categories of workers (pedagogical, medical, etc.).

In addition, when entering a job and during the period of work, by agreement of the parties to the employment contract, part-time working hours may be established.

46. PART TIME

By agreement between employee and employer can be set both when applying for a job, and subsequently part-time (shift) or part-time work week. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of 14 (a disabled child under the age of 18), as well as a person exercising caring for a sick family member in accordance with a medical report.

When working under conditions of part-time work, the employee's salary is paid proportionally to the time worked by him or according to the amount of work performed by him.

Part-time work can be established to any employee at his request and with the consent of the employer, both for a certain period, and without specifying such. If the employer refuses to satisfy the employee's request, it may be considered by the relevant labor dispute resolution bodies.

Part-time workers have the same labor rights as full-time workers. Working hours are counted as full length of service, weekends and holidays are provided in accordance with labor legislation. In addition, part-time work can also be established at the initiative of the employer in cases of a change in the organization of production, a deterioration in its financial and economic situation for objective reasons, or a short-term decrease in production volumes. Moreover, in these cases, the change in the working conditions existing for the employee must be carried out in compliance with the rules provided for by the Labor Code of the Russian Federation, and the employee must be notified of this.

47. SHIFT WORK AND DIVISION OF THE WORKING DAY INTO PARTS

Shift work - work in two, three or four shifts - 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.

During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees. Shift schedules, as a rule, are an annex to the collective agreement. They are brought to the attention of employees no later than 1 month before they are put into effect.

Working two shifts in a row is prohibited.

During shift work as a general rule length of rest time between shifts there must be at least twice the duration of work in the shift preceding the rest and at least 12 hours. When scheduling shifts, the requirement of the law to provide all employees with a weekly rest, the continuous duration of which must be at least 42 hours, must be observed.

In addition, working hours may include division of the working day into parts between which a break of more than 2 hours is established, two or more breaks, including a lunch break, while the total duration of daily work should not exceed the duration of the shift established by law or the shift schedule.

For individual employees, as well as for teams of organizational units, staggered (flexible) work schedule, in which the regulation by the employees themselves of the beginning, end and total duration of the working day is allowed. Moreover, the full working out of the total number of working hours established by law during the accounting period is required. This mode can be applied both with a five- and a six-day working week.

48. CONCEPT AND TYPES OF HOLIDAYS

Annual leave - free time from work provided annually to employees for recreation or other purposes, during which he retains his place of work or position, as well as average earnings in cases established by law.

Types of annual leave: 1) annual basic (minimum and extended); 2) annual extra.

Annual leave - a general concept that includes all types of paid vacations to which an employee is entitled during the year ..

The provision of annual paid leave is guaranteed to citizens working under an employment contract. Currently, all previously established restrictions on the provision of paid leave to persons working part-time, as well as temporary and seasonal workers, do not apply. They enjoy the right to leave on a general basis. In this case, the duration of the vacation is calculated in proportion to the actual hours worked.

Temporary and seasonal workers have the right to paid leave on an equal basis with other employees, however, due to the limited term of their employment contract (up to 2 months - temporary, up to 6 months - seasonal), they cannot practically exercise their right to leave. Instead of vacation, they receive monetary compensation in proportion to the time worked.

Persons working part-time, annual paid leave is granted for combined work or compensation is paid for unused leave upon dismissal All persons working under an employment contract at enterprises of any organizational and legal forms, regardless of the degree of employment (full or duties (at the enterprise or at home), form of remuneration, position held or work performed (main job or part-time job), term of the employment contract (permanent or temporary (seasonal) work).

Persons working under an employment contract for individual citizens, as well as home workers have the right to leave on a general basis.

During the entire period of vacation, the employee retains his place of work. The dismissal of an employee or his transfer at the initiative of the administration during the period of being on the next vacation is not allowed, except in cases of complete liquidation of the enterprise. The employee himself during the vacation has the right to apply for dismissal of his own free will and terminate the employment contract.

Agreement of the parties at the conclusion of an employment contract about canceling vacation is declared invalid.

Additional leave is granted in the presence of certain circumstances provided for by legal acts, in addition to the main vacation.

Annual leave represents the sum of the basic and additional holidays to which the employee is entitled. If the employee is not granted the right to additional leave, then the duration of the annual leave is equal to the duration of the main leave.

49. HOLIDAY DURATION

Depending on the duration, the annual basic leave is minimal и elongated.

Minimum duration annual paid leave cannot be less than 28 calendar days.

elongated called the main vacation, if its duration exceeds 28 calendar days.

For certain categories of employees, the legislation establishes an annual basic leave of longer duration:

- at least 31 calendar days - for employees under 18;

- at least 30 calendar days - civil servants;

30 calendar days excluding travel time to the place of rest and back with payment of the cost of travel within the territory of the Russian Federation - to employees of the prosecutor's office and internal affairs bodies.

At present, taking into account its financial position, the enterprise itself has the right to establish leave of longer duration for its employees at its own expense. In this case, this should be fixed in local regulations (collective agreement, vacation regulations, etc.) or in an employment contract with a specific employee.

Vacation can be set in business days or calendar days. However, in all cases it cannot be less than 28 calendar days.

The current labor legislation does not provide for the obligation of the employer to fix in any way the duration of the vacation in local regulations or labor contracts with specific employees, if it does not exceed the minimum established by law for this category of employees.

Due to the fact that different enterprises use different working hours (six-day working week with one day off, five-day working week with two days off, flexible schedule, etc.), all employees, regardless of working hours, in accordance with whom they work, annual leave is granted for the number of working or calendar days specified by law according to the calendar, and not according to the work schedule.

Since Saturday according to the calendar is a working day, it included in vacation days and at its expense, the duration of vacation with a five-day working week does not increase. If the duration of the vacation is indicated in working days, then it is calculated according to the calendar of the six-day working week.

When calculating the duration of vacation in calendar days, Sundays are included in the number of vacation days. Holiday non-working days falling on the period of vacation, calculated in calendar days, are not included in the number of calendar days of vacation and are not paid.

50. VACATION WITHOUT AVERAGE WAGE

For family reasons and other valid reasons, an employee on his written application may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged on the basis of a written application of the employee, grant leave without pay:

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

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

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

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

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

- in other cases provided for by the Labor Code of the Russian Federation, other federal laws or a collective agreement.

During unpaid leave, the employee retains his place of work and position. During the period of this leave, it is not allowed to dismiss an employee at the initiative of the administration (except in cases of complete liquidation of an enterprise, institution, organization) or transfer him to another job.

Collective agreements and other local acts of enterprises (organizations) may establish the obligation of the administration to provide additional leave without pay for family reasons and other valid reasons at the request of the employee.

Granting leave without pay is issued by order. An employee who has received such leave can interrupt it at any time and go to work, notifying the administration about this.

By agreement with the administration, vacation can be subsequently worked out. The possibility of working out based on the conditions of production, as well as its expediency, are determined by the administration. Consent to work off can be achieved both before the start of the vacation, and subsequently.

Leave without pay is worked out during non-working hours.

51. HOLIDAY PROCEDURE

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 paid leave can be granted even before the expiration of 6 months the following categories of workers: 1) women - before maternity leave or immediately after it; 2) employees under the age of 18; 3) employees who have adopted a child (children) under the age of 3 months; 4) in other cases stipulated by federal legislation.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with sequence provision of annual paid holidays, established in this 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 this organization no later than 2 weeks before the start of the calendar year.

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified against signature of the start time of the vacation no later than 2 weeks before the start of the vacation.

Annual paid vacation must be extended or rescheduled for another period determined by the employer, taking into account the wishes of the employee, in the following cases: 1) temporary disability of an employee; 2) performance by the employee during the annual paid leave of state duties, if the labor legislation provides for exemption from work for this; 3) in other cases provided for by labor legislation, local regulations of the organization.

If the employee was not timely paid for the annual paid leave or the employee was warned about the start time of this leave later than two weeks before it began, the employer, upon the written application of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee.

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of the organization's work, an individual entrepreneur is allowed, with the consent of the employee, to transfer the leave to the next working year.

Failure to provide annual paid vacation for 2 consecutive years as well as its non-provision to employees under the age of 18 and employees employed in work with harmful and (or) dangerous working conditions.

By agreement between employee and employer annual paid leave can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days.

Upon dismissal, the employee is paid monetary compensation for all unused holidays.

At the written request of the employee, unused vacations may be granted to him with subsequent dismissal (with the exception of cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

52. PAYMENT SYSTEM

Wage system - the established method of calculating the employee's wages. Payment can be made for individual and collective results of work. Organizations independently form the wage fund, depending on the final results of the annual work.

Pay systems: 1) time-based; 2) piecework.

Time payment produced for actual hours worked. Piecework payment is calculated according to the quantity of produced products of proper quality.

The time wage system can be hourly, daily and monthly.

piece system wages include the following: 1) direct piecework system, where piece rates are the same for any number of products manufactured or operations performed; 2) piecework progressive, in which the piece rate increases to pay for those products (operations) that are outside the norm; 3) indirect - applies to workers performing auxiliary work, providing the main categories of workers. The remuneration of these workers is made as a percentage of the rates of the main categories of workers; 4) collective (team) - is used when it is difficult to take into account the results of each individual employee.

Wages are paid at least every half a month. Wages for the entire period of vacation are paid no later than 3 days before the start of the vacation. The administration is obliged to pay the employee wages in full size with the exception of provided by law caseswhen it is possible to make a hold: 1) by order of state bodies (taxes, fines, contributions to the pension fund); 2) in order to fulfill the obligations of citizens to other persons (alimony and other payments under executive documents); 3) in connection with the need to repay the debt by the enterprise where the employee works, by order of the administration.

The total amount of all deductions with every paycheck cannot exceed 20%, and in cases stipulated by federal laws - 50% of the wages due to the employee.

When deducting from wages under several executive documents, the employee must in any case be retained 50% of wages.

Deductions from payments that are not foreclosed in accordance with federal law are not allowed.

To increase material interest employees in the fulfillment of plans and contractual obligations, increasing the efficiency of production and the quality of work, bonus systems, remuneration based on the results for the year, and other forms of material incentives can be introduced.

The establishment of wage systems and forms of material incentives, the approval of provisions on bonuses and payment of remuneration based on the results of work for the year are carried out by the administration of the enterprise, institution, organization in agreement with the representative body of the employee.

53. PAYMENT WHEN DEVELOPING FROM NORMAL WORK CONDITIONS

When performing work under conditions that deviate from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night on weekends and non-working holidays, and when performing work in other conditions that deviate from normal), the employee is subject to appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local normative acts, an employment contract cannot be lower than those established by labor legislation and other regulatory legal acts containing labor law norms.

When performing work of various qualifications by an employee with a time wage, his work is paid according to work of a higher qualification, while an employee with a piece wage is paid according to the prices of the work he performs.

An employee who performs for the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or performs the duties of a temporarily absent employee without being released from his main job, is paid an additional payment for combining professions (positions) or performing duties of a temporarily absent employee.

Overtime work paid for the first 2 hours of work at least one and a half times the rate, for subsequent hours - at least double the rate.

Weekend work and non-working holidays paid at least twice: a) pieceworkers - at least at double piecework rates; b) employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate; at) employees receiving a salary - in the amount of at least a single daily or hourly rate in excess of the salary, if the work on a weekend and non-working holiday was carried out within the monthly norm of working hours, and in the amount of at least a double hourly or daily rate in excess of the salary, if the work was performed above the monthly limit.

At the request of an employee who worked on a weekend or a non-working holiday, he may be given another day of rest.

Each hour of work at night is paid at an increased rate compared to work in normal conditions, but not lower than the rates, labor legislation and other normative legal acts containing labor law norms.

Defects not caused by the employee are paid on an equal basis with suitable products. Complete defects due to the fault of the employee are not subject to payment, partial defects are paid at reduced rates depending on the degree of suitability of the product.

Downtime due to the fault of the employer, if the employee warned the employer in writing about the start of downtime, is paid in the amount of at least ²/₃ the average salary of an employee; for reasons beyond the control of the employer and employee - in the amount of at least ²/₃ tariff rate (salary). Downtime due to the fault of the employee is not paid.

54. CONCEPT AND CONDITIONS OF LIABILITY

Material liability - the obligation of the employee or employer to compensate in full or in part for property damage caused to the employer or employee by guilty illegal actions.

The party to the employment contract (employer or employee) that caused damage to the other party compensates for this damage in accordance with the Labor Code of the Russian Federation and other federal laws.

An employment contract or written agreements attached to it may specify the financial responsibility of the parties to this contract. At the same time, 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 or other federal laws.

Each of the parties to the employment contract is obliged to prove the amount of damage caused to it.

Liability arises regardless of bringing the employee to other types of liability and the use of other measures of influence Termination of the employment contract does not relieve the employee from liability.

The difference between liability and civil liability is as follows:

- the subject of liability can only be an employee who is in an employment relationship with the employer, regardless of the type of contract;

- collection, as a rule, is subject to full real, actual damage;

- unreceived income is not subject to recovery;

- Responsibility comes only if the employee is at fault.

The obligation to prove the guilt of the employee lies with the administration. An exception is made for employees who are liable by virtue of law, contract or one-time document. The guilt of these workers is presumed until proven otherwise.

Legislation on liability:

- ensures the safety of the property of the employer;

- provides compensation for the damage caused;

- helps to strengthen discipline;

- develops a careful attitude to the property of the employer;

- Guarantees the wages of employees from improper deductions.

55. MATERIAL RESPONSIBILITY OF THE EMPLOYER TO THE EMPLOYEE

In accordance with the Labor Code of the Russian Federation, the employer is liable to the employee. He is obliged to compensate the employee for the earnings not received by him in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result:

- 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. An employer who has caused damage to an employee's property reimburse 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.

The employee sends the employer a claim for damages. 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 pay them back with interest (monetary compensation)

not less than ¹/₃₀₀ the current refinancing rate of the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay starting from the next day after the due date of payment up to the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective or labor agreement.

Moral injury, caused to the employee by unlawful actions or inaction of the employer, is compensated to the employee in cash in the amount determined by agreement of the parties to the employment contract or in accordance with civil law.

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.

56. EMPLOYEE'S LIABILITY

An employee may be held liable under the simultaneous presence of the following conditions:

1) the presence of direct, real, actual damage suffered by the employer in the form of loss, shortage, damage, theft, decrease in the value of property, excessive cash payments. Lost income is non-refundable. The exception is damage caused by unauthorized use of technical means for personal purposes;

2) unlawfulness of the action (inaction) of the employee who suffered damage;

3) the presence of the employee's fault in the form of intent or negligence. The form and degree of guilt affect the degree of responsibility;

4) a causal relationship between the action (inaction) of the employee and the resulting damage.

The employee is obliged to compensate the employer for the direct actual damage.

Direct actual damage is understood as a real decrease in the employer’s cash property or deterioration in the condition of the said 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, or compensation for damage caused by the employee to third parties.

The material liability of the employee is excluded in cases of damage due to force majeure, normal economic risk, extreme necessity or necessary defense, or the employer's failure to fulfill the obligation to ensure proper conditions for the storage of property entrusted to the employee.

The employer has the right, taking into account the specific circumstances under which the damage was caused, to fully or partially refuse to recover it from the guilty employee.

The owner of the property of the organization may restrict the specified right of the employer in cases provided for by law.

57. FULL LIABILITY UNDER SPECIAL AGREEMENTS (INDIVIDUAL AND COLLECTIVE)

With employees who have reached the age of 18 and directly serve or use monetary, commodity values or other property, written agreements are concluded on full individual or collective (team) liability, i.e. on compensation to the employer for damage caused in full for the lack of entrusted to employees property.

The lists of works and categories of employees with whom these contracts may be concluded, as well as the standard forms of these contracts, are approved in the manner established by the Government of the Russian Federation.

Contracts cannot be concluded with employees, although they are associated with the maintenance of valuables, but to whom these valuables are not transferred (watchmen, watchmen, loaders).

Special agreement on individual or collective responsibility is considered concluded from the moment of its signing, and the responsibility of the employee (team) for the safety of the values entrusted to him arises from their acceptance under the act. The contract is valid for the entire time of work with the values entrusted to the employee (team).

Conditions for receipt of full liability: a) the employee is over 18 years of age; b) holds a position or performs work specified in a special list; at) a special written contract has been concluded with him in accordance with the established procedure; d) the property was entrusted to the employee, but he did not ensure its safety.

In the absence of at least one of the conditions, the employee bears limited liability, if full material liability is excluded on other grounds (by virtue of a sentence, law).

When employees jointly perform certain types of work related to the storage, processing, sale (vacation), transportation, use or other use of the values transferred to them, when it is impossible to distinguish between the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full, can be administered collective (team) liability. A written agreement on collective (team) liability for damage is concluded between the employer and all members of the team (team). To be released from liability, a member of the team (team) must prove the absence of his guilt.

Collective (team) liability is introduced by the head with the consent of all members of the team (team) in the joint performance of work by employees related to the maintenance of values.

The basis to bring the team to responsibility is the failure to ensure the safety of values.

The damage is compensated by the members of the brigade in proportion to the tariff rate and the time worked for the period when the damage occurred.

The contract is valid for the entire period of work of the team with the values entrusted to it; when changing the foreman or leaving the team more than 50% of the staff, the contract is subject to renegotiation.

58. THE CONCEPT AND TYPES OF INDIVIDUAL LABOR DISPUTES. JUDICIAL ORDER

Labor disputes - these are unresolved disagreements between the subjects of labor law regarding the establishment of working conditions and their application, resolved in the prescribed manner.

Causes of labor disputes - violation of the labor rights of employees and employers, as well as the refusal to recognize a particular right of an employee or a group of employees, which is manifested and conditioned by the action of various factors.

Individual labor dispute - unresolved 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 of a local regulatory act, an employment contract (including the establishment or change of individual working conditions), which are stated in body for consideration of individual labor disputes.

An individual labor dispute is also recognized as a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who expressed a desire to conclude an employment contract with the employer, if the employer refuses to conclude such an agreement.

The subject this spore is the requirement of the employee to restore or recognize certain labor rights that, in his opinion, should belong to him on the basis of the law, other regulatory legal acts, including local acts or the terms of the employment contract.

In the courts individual labor disputes are considered at the request of the employee, employer or trade union protecting the interests of the employee, when they do not agree with the decision of the labor dispute commission or when the employee goes to court, bypassing the CCC, as well as at the request of the prosecutor, if the decision of the CCC does not comply with the laws or other regulatory legal acts.

Individual labor disputes are considered directly in the courts on the basis of applications: a) the employee - on reinstatement at work, regardless of the grounds for termination of the employment contract, on changing the date and wording of the reason for dismissal, on transferring to another job, on payment for the time of forced absenteeism, etc.; b) employer - on compensation by the employee for damage caused to the employer, unless otherwise provided by federal laws. Also controversy: a) about refusal to hire; b) persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and employees of religious organizations; at) individuals who believe they have been discriminated against.

An employee has the right to go to court to resolve an individual labor dispute within 3 months from the day he learned or should have learned about a violation of his rights, and in disputes about dismissal - within 1 month from the date he was given a copy of the dismissal order or the day of issue of the work book.

The employer has the right to apply to the court for disputes on compensation by the employee for damage caused to the employer within 1 year from the date of discovery of the damage caused.

59. RESOLUTION OF INDIVIDUAL LABOR DISPUTES BY THE COMMISSION ON LABOR DISPUTES

Individual labor disputes of a claim nature are considered by the court directly or in compliance with the pre-trial procedure for considering disputes in the commission on labor disputes (CTC).

KTS are formed at the initiative of employees and (or) the employer from an equal number of representatives of employees and the employer. CCC is the body for the consideration of individual labor disputes arising in organizations, with the exception of disputes for which the Labor Code of the Russian Federation and other federal laws establish a different procedure for their consideration She has no jurisdiction over disputes:

- considered directly in court;

- disputes on compensation for harm caused to the life and health of an employee;

- administrative disputes;

- disputes of a non-competitive nature (on interests, on the establishment of working conditions);

- disputes on issues related to other branches of law (related to the calculation of seniority for pensions, benefits). An individual labor dispute is considered by the CCC if the employee, on his own or with the participation of his representative, did not resolve the differences during direct negotiations with the employer. An employee can apply to the KTS 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.

An employee's application received by the KTS is subject to mandatory registration. KTS is obliged to consider an individual labor dispute within 10 calendar days from the date the employee submits an application.

The dispute is considered in the presence of the employee who submitted the application, or a representative authorized by him. The CCC has the right to summon witnesses to the meeting and invite experts. At the request of the commission, the head of the organization is obliged to submit the necessary documents to it within the prescribed period.

The CCC makes decisions by secret ballot by a simple majority of votes of the members of the commission present at the meeting.

In case of failure to comply with the decision of the commission within the prescribed period, the employee is issued by the commission on labor disputes certificate, which is an executive document. The certificate shall not be issued if the employee or the employer has filed an application for the transfer of the labor dispute to the court within the prescribed period.

Based on the certificate issued by the CCC and presented no later than three months from the date of its receipt, the bailiff enforces the CCC decision forcibly.

If an individual labor dispute is not considered by the CCC within ten days, the employee has the right to transfer its consideration to the court.

The decision of the CCC can be appealed by the employee or employer to the court within ten days from the date of handing him a copy of the decision of the commission. The decision of the CCC may be reviewed.

60. STRIKE

Strike - partial or complete cessation of work. Article 37 of the Constitution of the Russian Federation establishes the right of workers to strike as a way to resolve a collective labor dispute.

If conciliation procedures have not led to the resolution of the dispute, or the employer evades conciliation procedures, does not comply with the agreement reached in the course of resolving the dispute, or does not comply with the decision of the labor arbitration, then employees or their representatives have the right to start organizing a strike, except as provided for by the Labor Code of the Russian Federation.

Participation in a strike is voluntary. Representatives of the employer are not entitled to organize a strike and take part in it.

Decision to go on strike adopted by the meeting (conference) of employees of the organization at the suggestion of the representative body of employees, previously authorized by employees to resolve a collective labor dispute.

After 5 calendar days of work of the conciliation commission, a one-hour warning strike may be declared once, about which the employer must be notified in writing no later than 3 working days in advance.

The employer must be notified in writing about the start of the forthcoming strike no later than 10 calendar days in advance.

The strike is led by a representative body of workers. The employer and the service for the settlement of collective labor disputes must be warned of the resumption of the strike no later than 3 working days. During the period of the strike, the parties to the dispute are obliged to continue its resolution by conducting conciliation procedures.

In accordance with Art. 55 of the Constitution of the Russian Federation are illegal and strikes are not allowed: 1) during periods of introduction of martial law or a state of emergency or special measures in accordance with the legislation on a state of emergency; in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations directly in charge of ensuring the country's defense, state security, emergency rescue, etc.; 2) in organizations directly related to ensuring the life of the population (energy supply, heating and heat, water, gas supply, aviation, rail and water transport, communications, hospitals), if strikes pose a threat to the defense of the country and the security of the state, life and health of people.

The right to strike may be restricted by federal law.

The decision to recognize a strike as illegal is made by the supreme courts of the republics, regional and regional courts, courts of cities of federal significance, courts of an autonomous region and autonomous districts upon the application of an employer or a prosecutor.

The strike ends: the signing of an agreement on the settlement of the conflict; declaring it illegal.

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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. ... >>

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The brain of the bee will be copied 25.05.2012

A joint study by French and Australian scientists has shown that in some cases, the bee's brain processes visual information almost as well as a human's. This opens up new possibilities for improving machine vision, since the simple brain of a bee is easier to copy electronically than the most complex human brain.

One of the lead authors of the study, Dr. Adrian Dyer of the Royal Melbourne Institute of Technology, notes that learning mechanisms are one of the most important abilities of people that allow a person to cope with various complex tasks. “For example, if a driver wants to turn right at an intersection, then he must simultaneously observe the color of the traffic light, the flow of oncoming cars and pedestrians in order to make a decision,” explains Adrian Dyer. “Over time, our brain learns to solve such complex problems, but for robots it is it's still too hard."

The scientists decided to test whether a simple bee brain can cope with complex tasks that require the simultaneous processing of several streams of information, or if this requires at least a large and complex primate brain.

The research team trained individual bees to fly through a Y-shaped maze that consists of various elements like up/down or left/right. Surprisingly, the bees were able to simultaneously process two rules for the passage of forks and turns of the maze, which are in a certain ratio.

Thus, even without having a large complex brain, the bees were able to master several simultaneous complex information processing rules. After deciphering the relatively simple scheme of the nervous system of a bee, it will be possible to copy it and create the perfect and simple machine vision so necessary for modern robots.

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