Definition of the employer according to the labor code. The concept of "employer". The parties to an employment relationship are

According to Art. 20 of the Labor Code of the Russian Federation, this is an individual or a legal entity (organization) that has entered into an employment relationship with an employee ( individual), and is one of the subjects of labor law.

In cases established by federal laws, another entity entitled to conclude employment contracts may act as an employer.

In accordance with Art. 20 of the Labor Code of the Russian Federation for the purposes of labor legislation, the employer - individuals are recognized:

• individuals duly registered as individual entrepreneurs and carrying out entrepreneurial activity without education legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activity in accordance with the Federal Law is subject to state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities (hereinafter referred to as the employer - individual entrepreneurs). Individuals who violate the requirements of the Federal Law said activity without state registration and (or) licensing, who have entered into labor relations with employees in order to carry out this activity, are not exempt from the obligations imposed by the Labor Code of the Russian Federation on employers - individual entrepreneurs;
• individuals entering into labor relations with employees for the purpose of personal service and household assistance (hereinafter referred to as employers - individuals who are not individual entrepreneurs).

Who is an employer and who can he be

An employer is a company (that is, a legal entity) or an individual entrepreneur (individual) who hires you for a certain position to perform a certain type of work.

Relations between the employee and the employer are fixed by the state in the Labor Code Russian Federation. The employer is obliged to conclude an employment contract with the employee.

He is responsible for paying wages to his subordinate, is obliged to pay insurance and tax contributions to the appropriate authorities.

Direct employers

If the direct employer is an organization or an individual entrepreneur who directly takes you to a certain position to perform certain tasks on his part, then who are these “indirect employers”? In other words, an indirect employer is an intermediary between the person offering a vacancy and the person who is ready to apply for this vacancy. These are organizations that offer their services in the field of recruiting, personnel service and search. Their activities are paid according to the laws market economy. Moreover, if it is usually beneficial for employers to contact such agencies, then an ordinary person who wants to find a job often loses when contacting such personnel officers.

Individuals who have reached the age of 18 have the right to conclude employment contracts as an employer, provided that they have full civil capacity, as well as persons who have not reached the specified age, from the day they acquire civil capacity in full.

Individuals with independent income who have reached the age of 18, but limited by the court in their legal capacity, have the right, with the written consent of the trustees, to conclude employment contracts with employees for the purpose of personal service and assistance with housekeeping.

On behalf of individuals with independent income who have reached the age of 18, but recognized by the court as legally incompetent, their guardians may conclude employment contracts with employees for the purpose of personal service to these individuals and assistance to them in housekeeping.

Minors aged 14 to 18, with the exception of minors who have acquired civil capacity in full, may enter into employment contracts with employees if they have their own earnings, scholarships, other incomes and with the written consent of their legal representatives (parents, guardians, trustees).

The rights and obligations of the employer in labor relations are exercised:

• an individual who is an employer;
• 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.

According to the obligations of the employer - institutions financed in whole or in part by the owner (founder) arising from labor relations, as well as the employer - state-owned enterprises, the owner (founder) bears additional responsibility in accordance with the Federal Law and other regulatory legal acts of the Russian Federation.

The basic rights and obligations of the employer are defined in Art. 22 of the Labor Code of the Russian Federation.

The employer has the right:

• conclude, amend and terminate employment contracts with employees in the manner and under the conditions established by labor law;
• conduct collective negotiations and conclude collective agreements, agreements;
• encourage employees for conscientious efficient work;
• require employees to perform job 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 responsibility and material liability in the manner prescribed by the legislation of the Russian Federation;
• adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs);
• create associations of employers in order to represent and protect their interests and join them.

The employer is obliged:

• comply with labor legislation 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 occupational health and safety;
• 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 the full amount due to employees wages within the time limits established by the Labor Code of the Russian Federation, the collective agreement, the internal labor regulations of the organization, labor contracts;
• conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by law;
• provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;
• timely comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws, other regulatory legal acts containing labor law norms;
• consider submissions of relevant trade union bodies, other representatives elected by employees on revealed violations of laws and other regulatory legal acts containing labor law norms, take measures to eliminate them and report on the measures taken to these bodies and representatives;
• to acquaint employees against signature with the adopted local regulations directly related to their work activities;
• create conditions that ensure the participation of employees in the management of the organization in the forms provided for by law and the collective agreement;
• provide for the everyday needs of employees related to the performance of their labor duties;
• carry out compulsory social insurance of employees in the manner prescribed by the Federal Law;
• compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the conditions established by laws and other regulatory legal acts;
• perform other duties stipulated by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms, a collective agreement, agreements and employment contracts.

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What is the Labor Code of the Russian Federation and what issues does it regulate?

The Labor Code of the Russian Federation is a set of labor laws that govern labor relations between employees and employers. With the help of these laws, the basic rights and obligations of the parties involved in the labor process are established.

With the help of TC, they create optimal working conditions and there is an agreement in labor disputes under the laws. The Labor Code guarantees employees the right to protection of dignity, social insurance, compensation for harm caused to the health of an employee in the course of work.

The Labor Code of the Russian Federation was adopted on 30.12. 2001 and has the designation 197-FZ. In the process of using the TC, as necessary, changes and additions are made to it related to the new requirements of working life. The TC of the 2016 version consists of 424 articles placed in 62 chapters, 14 sections and 6 parts.

Who needs to know TK?

Employees need to know the main provisions of the laws in order not to be deceived with financial payments, infringed on their rights, including the right to rest.

Employers should be aware of the provisions of the code in order to ensure all the rights of employees and avoid unnecessary confrontations and conflicts with employees. At the same time, almost all conflicts that arise between the two parties involved in the labor process can be resolved with the help of the TC.

The main provisions of the Labor Code should also be presented to young people who are just entering the labor force. Knowing their rights and obligations described in the Labor Code, they will be able to correctly assess the correctness of the employment contract concluded with the employer.

Thus, with the help of the Labor Code of the Russian Federation, the entire range of relationships that exist in the process of labor activity.

A Brief History of Labor Law in Russia

The first labor code was adopted in France in 1910. In Russia, labor legislation was introduced in 1918 in the form of the Labor Code (Labor Code). This Labor Code, with amendments and additions, was valid until the adoption of the new Labor Code of the Russian Federation.

Comparison of Labor Code and Labor Code

Compared to the Labor Code, the TC has the following main differences:

1. the Labor Code contains 424 articles, while the Labor Code had only 225 articles. This speaks of expanding the scope of labor laws;
2. The TC is focused on market relations in the country, the variety of forms of ownership, the adoption labor resources as a commodity, while the Labor Code was designed for regulated labor;
3. The Labor Code regulates the whole variety of labor relations without reference to any by-laws. In the Labor Code on issues related to market relations, there were references to other laws;
4. in the TC is given minimum set rights and obligations for employees and employers, which gives wide scope for the terms of a real labor agreement. Under the Labor Code, all employers and employees had the same set of rights and obligations;
5. a new concept of “social partnership” has been introduced in the Labor Code. Thus, the contractual nature of labor and equality (partnership) of employees and employers are declared;
6. according to the Labor Code, when entering a job, a mandatory written labor agreement is required. According to the Labor Code, such confirmation is not necessary - it was enough to go to work.

First part

Dedicated to the basics of labor legislation, concepts, principles and tasks of the code. It introduced articles related to the prohibition of discrimination in labor activity, forced labor, the delimitation of labor powers between different branches of government, as well as the priority of the Labor Code over other labor laws.

This section gives general concept employee and employer, defines discrimination in labor activity and forced labor.

At the same time, the concept of forced labor in the Labor Code has a broader interpretation than in the ILO Convention.

In the Labor Code, forced labor also includes cases where the employer does not pay wages in full or forces the employee to work in conditions of danger to his life or health.

In Art. 20 defines the concepts of employee and employer. An employee is a person who has entered into an employment relationship with an employer. An employer can be a natural or legal person.

The second part

Relationships in the sphere of work are considered as social partnership. The basic concepts and principles of social partnership, collective agreement are given. At the same time, social partnership is understood as a system that determines the relationship between employees, employers and authorities. This system should coordinate the interests of the parties involved in the labor process.

The third part

Is devoted employment contract, which is the main instrument of labor relations and regulates them from the conclusion to the termination of the contract.

The concept of an employment contract includes the obligations of the employer and the employee.

The employer is obliged to provide conditions for the performance of labor activities and pay wages, and the employee must work and observe discipline.

This part of the Labor Code deals with the issues of concluding, amending and terminating an employment contract. It also introduces the concept of the employee's personal data, which the employer is obliged to protect.

In the fourth section of the 3rd part of the Labor Code, the concept of working time is introduced and various options for its use are considered. In accordance with the TC working time- this is the time the employee performs his labor duties in accordance with the employment contract.

Working time also includes some periods of time classified as working time in accordance with the laws of the Russian Federation and the Labor Code of the Russian Federation. At the same time, normal working hours are 40 hours a week.

The 5th section of the third part of the Labor Code is devoted to the concept of rest time, that is, the time at which the employee is released from work and at which he can rest.

This section looks at different types of rest time, from lunch breaks to paid holidays. In particular, the employee must be given a meal break of at least 30 minutes. Depending on the length of the working week, 1 or 2 days of rest must be provided per week.

Each employee must be provided annual leave with payment in 28 days.

Section 6 of the Labor Code is devoted to rationing and remuneration. The concept of wages is introduced, which is a remuneration for work depending on the complexity of the work, the qualifications of the employee. In addition, compensation and incentive payments may be included in the salary.

Fourth part

Here, the labor relations of some categories of workers, such as pregnant women, adolescents, managers, part-time workers, seasonal workers, shift workers, are considered. Also considered are categories such as homeworkers, remote workers, people working in the Far North and other categories of workers.

Fifth part

It is dedicated to the protection of labor rights and freedoms, consideration of labor disputes, including those involving trade unions.

Sixth part

In the final part of the Labor Code, the procedure and terms for the entry into force of this code are given.

Source: http://zakonguru.com/trudovoe/kodeks

Features of the interaction between the employer and the employee

The procedure for interaction between the employer and the employee is fixed in the employment contract.

The agreement defines the rights and obligations of the parties. The conditions of working relationships are limited by labor legislation.

Definition of the concept of employee and employer. Legislative settlement of the issue

The employer and employee are subjects of labor law. The parties to labor relations must have legal capacity, capacity to exercise rights and obligations, and also be responsible for actions.

Employers additionally, they must have a sufficient degree of competence - legally enshrined rights to hire employees and provide conditions for the implementation of obligations under an employment contract. At the legislative level, description and characteristics of participants in labor relations fixed in Art. 20 of the Labor Code of the Russian Federation.

Get employee status they have a right:

• Individuals, citizens of the Russian Federation.
• Foreign nationals and stateless persons (persons without citizenship) who have legal rights to stay in the country.

To obtain the status of an employer, it is necessary to have legal capacity - the ability to work independently and perform the duties corresponding to the position.

To employers relate:

1. Legal entities registered and included in the Unified State Register of Legal Entities.
2. Individuals operating as sole proprietors.
3. Citizens recognized as incapacitated, but having an independent income, hiring persons for housekeeping.
4. Other persons entitled to conclude employment contracts (for example, representative offices that do not have the status of an organization with an independent balance sheet).

The emergence of the status of an employee and an employer occurs after the conclusion of an employment contract and ends with its termination. In some cases, the rights and obligations continue to operate after the termination of the contract. For example, if sick leave employee is open within 30 calendar days after his dismissal, the former employer makes payments.

Basic rights of an employee

The rights and obligations of employees are established in Art. 21 Labor Code of the Russian Federation. Persons hired have the right to participate in the discussion of the terms of employment contracts, to act as full participants in agreements, and to terminate them on their own initiative.

During the implementation of labor relations with the employee the right arises:

• Get a job specified in the employment contract and a place that complies with labor protection standards and special evaluation.
• Receive remuneration for the performance of duties in the amount specified in the agreement, order and other internal documents.
• Have a vacation (vacation) paid by the employer, the amount and payment of which is established by the Labor Code of the Russian Federation. The employer can improve the conditions for granting leave (pay additional remuneration, increase the number of days of rest), but worsening conditions are not allowed.
• join trade union organizations defending the rights and participate in the conclusion of collective agreements.
• Receive social insurance guaranteed by law and paid by the enterprise.

In case of violation of rights, the employee has the right to resolve disputes and receive compensation for downtime or non-pecuniary damage. Settlement of disputes arising between employees and employers are carried out at several levels. At the initial stage, controversial issues are resolved by permanent or temporary labor commissions created at the enterprise.

If the issue cannot be resolved at the local level, the Labor Inspectorate and the judiciary are involved. If there is evidence of a violation of the rights of the employee, the issue is resolved in his favor.

Employers can only make claims through the judiciary.

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Employee Responsibilities

The duties of an employee are included in the terms of employment contracts, fixed in job descriptions. About conditions internal regulations, the execution of which is mandatory, persons are warned in advance. Acquaintance is made under the signature and before the conclusion of the employment contract.

Employee must:

1. Perform labor duties to the extent specified in the contract and instructions.
2. Comply with the routine and discipline established by the enterprise.
3. Follow the requirements of labor protection and observe safe behavior in the workplace and the surrounding area.
4. Carefully treat the property of the employer and ensure its safety.

In the event of emergencies that threaten the health of employees, the integrity of property, the employee is obliged to inform the employer about the circumstances.

The rights and obligations of an employee are discussed in the following video:

Basic rights of the employer

The list of employer's rights is enshrined in Art. 22 Labor Code of the Russian Federation. The employer has the right to hire employees under employment contracts or legal forms. The terms of agreements and their termination must comply with the law.

Based on the provisions of the concluded contracts, the employer has the right to:

• Require the performance of duties by employees, the safety of property and apply disciplinary or material sanctions if they are not complied with.
• Pay incentives for the effective work of employees. To determine the indicators at the enterprise, a Regulation on bonuses is being developed.
• Use the provisions of labor law to protect your own rights. An additional protective measure is joining associations that protect the interests of the employer.

The employer can develop local acts, collective agreements. Documents are coordinated with labor collective and are binding on the persons concerned.

Employer's obligations

The appointment of the employer's duties is reduced to ensuring normal working conditions for employees, enshrined in legislation.

Employer is responsible:

1. To provide the work stipulated by the contract, workplace and remuneration in accordance with the norms of labor agreements and legislation.
2. Comply with payment deadlines.
3. Provide social guarantees and insurance.
4. Create working conditions that comply with safety standards and workplace assessment. Employees must be provided with living conditions necessary for the performance of duties.
5. Provide employees with information regarding working conditions and their changes and acquaint them with documents of internal circulation against signature.

In case of violation of duties, the employer must compensate for the material and moral damage caused to the employee.

For example, if the employer delays issuing work book the employee on the day of dismissal, he will have to restore the person, pay him remuneration in the form of average earnings.

If the employee proves moral distress and the loss of employment opportunities, compensation for the moral damage caused is additionally assigned.

Features of labor relations of a minor employee

The definition of the age at which persons can enter into an employment relationship is given in Art. 63 of the Labor Code of the Russian Federation. Employment capacity arises for employees after they reach 16 years of age. If an individual continues to receive education and has reached the age of 15, an agreement with flexible conditions can be concluded with him.

Additional terms employment of persons continuing their studies:

• The employment agreement must take into account the time free from training.
• The documents include a document on the continuation of education and the mode of time free from study.

With the consent of parents or guardians, a person can be employed from the age of 14. To conclude an agreement, you must have the written consent of one of the parents and guardianship authorities. In the area related to creativity, employment is allowed even at an earlier age. In the absence of permission, an employment contract is not concluded.

Special Requirements for the employment of minors:

• A probationary period for employment is not established (Article 70 of the Labor Code of the Russian Federation).
• An agreement on full liability with a minor is not concluded.
• Harmful or special conditions and professions according to the list approved by the Government cannot be applied to a person.
• When employing a person under the age of 18, a prerequisite is the passage of a medical examination (Article 69 of the Labor Code of the Russian Federation).

Minor citizens have the right to a reduced working day and vacation at any convenient time and an additional 3 days of paid rest.

Summary table "Rights and obligations of the employee and the employer"

Medical-pharmaceutical

Employees in the medical and pharmaceutical field have the rights established by law in relation to other specialties and positions. Persons have the right to get a job in the agreed amount and for the remuneration specified in the contract, to have normal working conditions and social guarantees.

AT addition to the list of rights employees get the opportunity to:

• Regularly improve and confirm qualifications.
• Create non-profit professional communities.
• Provide risk insurance.

Employees are required to provide medical care, observe medical secrecy, improve skills.

Pedagogical

The rights and obligations of employees of the pedagogical sphere are established in job descriptions. Teachers are entitled to receive additional vacation days and payments depending on the length of service.

Benefits for employees are established by departmental laws and by-laws.

Persons conducting activities in educational and preschool institutions, obliged undergo regular medical examinations. In addition, employees must confirm their qualifications every 5 years and follow the code of pedagogical ethics. For inhumane (cruel) treatment of students, teachers can be fired or prosecuted.

Engineering

Carrying out work in the engineering field is controlled by law. Conducting activities that affect the safety of citizens must be carried out in accordance with established standards. Surveys, design, construction and other areas are subject to control.

Persons conducting engineering activities at enterprises with permits to carry out work must regularly undergo retraining and confirmation of qualifications. The frequency depends on the category of the position.

Social

Sphere social service- a special area that requires skills in pedagogy and psychology. The rights and obligations of employees are set out in service and job descriptions. There are no special qualification requirements. The conditions for professional suitability are personal qualities and the ability to interact with other personalities.

Accounting

Accountants must have special education. For executives (chief accountants and their deputies) there are special requirements for the presence of higher specialized education. Persons with certificates of professional chief accountants are required to improve their qualifications annually.

The rights of workers are established in the Labor Code of the Russian Federation and do not differ from the working conditions of other professions.

In labor protection, etc.

Occupational safety is an area that receives considerable attention. Legislation has developed requirements for briefing at the workplace, assessment of working conditions and other measures aimed at the safety of persons.

Persons responsible for occupational safety should receive special training in training center and confirm knowledge with a certificate. It is allowed to undergo training by the head with the subsequent transfer of knowledge to the employee responsible for labor protection at the enterprise. If there is work with harmful conditions Labor training of an employee in charge of labor protection is carried out exclusively in training centers.

The obligations of the employer in the field of labor protection are set out in the following video.
Part 1.

Certification of workplaces according to working conditions- assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and implementation of measures to bring working conditions in line with state regulatory requirements for labor protection. Certification of workplaces in terms of working conditions is carried out in the manner established by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor (Article 209 of the Labor Code of the Russian Federation).

Base salary (base salary) base rate wages- the minimum salary (official salary), the wage rate of an employee of a state or municipal institution carrying out professional activities in the profession of a worker or an employee in the relevant professional qualification group, excluding compensation, incentives and social payments.

Safe working conditions- working conditions under which the impact on workers of harmful and (or) dangerous production factors is excluded or the levels of their impact do not exceed the established standards (Article 209 of the Labor Code of the Russian Federation).

Shift method- a special form of carrying out the labor process outside the place permanent residence workers when their daily return to their place of permanent residence cannot be ensured.

The shift method is used when the place of work is at a significant distance from the place of permanent residence of employees or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as for the implementation of other production activities(Article 297 of the Labor Code of the Russian Federation).

Harmful production factor- a production factor, the impact of which on an employee can lead to his illness (Article 209 of the Labor Code of the Russian Federation).

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 (Article 106 of the Labor Code of the Russian Federation).

Guarantees- means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured (Article 164 of the Labor Code of the Russian Federation).

State examination of working conditions- assessment of the compliance of the object of expertise with state regulatory requirements labor protection (Article 209 of the Labor Code of the Russian Federation).

Labor discipline- obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract (Article 189 of the Labor Code of the Russian Federation).

Strike- temporary voluntary refusal of employees to perform their labor duties (in whole or in part) in order to resolve a collective labor dispute (Article 398 of the Labor Code of the Russian Federation).

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 in territories subjected to radioactive contamination, and other compensation payments) and incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments) (Article 129 of the Labor Code of the Russian Federation).

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, a local normative act, an employment contract (including the establishment or change of individual working conditions), which are declared to the body for consideration of individual labor disputes.

An individual labor dispute is a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to conclude an employment contract with the employer, if the employer refuses to conclude such an agreement (Article 381 of the Labor Code of the Russian Federation).

Collective agreement- a legal act regulating social and labor relations in an organization or with an individual entrepreneur and concluded by employees and the employer represented by their representatives (Article 40 of the Labor Code of the Russian Federation).

Collective labor dispute- unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body employees when adopting local regulations (Article 398 of the Labor Code of the Russian Federation).

Compensation- cash payments established for the purpose of reimbursement to employees of costs associated with the performance by them of labor or other duties provided for by this Code and other federal laws (Article 164 of the Labor Code of the Russian Federation).

Lockout- dismissal of employees at the initiative of the employer in connection with their participation in a collective labor dispute or on strike (Article 415 of the Labor Code of the Russian Federation).

homeworkers persons who have concluded an employment contract on the performance of work at home from materials and using tools and mechanisms allocated by the employer or purchased by the homeworker at their own expense are considered (Article 310 of the Labor Code of the Russian Federation).

Irregular working hours- a special mode of work, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees (Article 101 of the Labor Code of the Russian Federation).

labor standards- norms of production, time, norms of number and other norms - are established in accordance with the achieved level of technology, technology, organization of production and labor (Article 160 of the Labor Code of the Russian Federation).

Association of employers - non-profit organization, which unites employers on a voluntary basis to represent the interests and protect the rights of its members in relations with trade unions, bodies state power and bodies local government(Article 33 of the Labor Code of the Russian Federation).

Salary (salary)- a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (Article 129 of the Labor Code of the Russian Federation).

Hazardous production factor- a production factor, the impact of which on an employee can lead to his injury.

Features of labor regulation- rules partially restricting the use general rules on the same issues or providing for certain categories employees additional rules (Article 251 of the Labor Code of the Russian Federation).

Occupational Safety and Health- a system for preserving the life and health of workers in the course of labor activity, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures (Article 209 of the Labor Code of the Russian Federation).

Transfer to another job- permanent or temporary change labor function employee and (or) structural unit in which the employee works (if structural subdivision was specified in the employment contract), while continuing to work for the same employer, as well as transferring to work in another locality together with the employer (Art. 72.1).

Employee's personal data- information required by the employer in connection with the employment relationship and relating to a particular employee.

Processing of personal data of an employee - receipt, storage, combination, transfer or any other use of personal data of an employee (Article 85 of the Labor Code of the Russian Federation).

Internal labor regulations- a local normative act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other regulatory issues labor relations this employer(Article 189 of the Labor Code of the Russian Federation).

Conciliation procedures- consideration of a collective labor dispute for the purpose of its resolution by a conciliation commission, with the participation of an intermediary and (or) in labor arbitration (Article 398 of the Labor Code of the Russian Federation).

Forced labor- performance of work under the threat of any punishment (violent influence), including:

in order to maintain labor discipline;

as a measure of responsibility for participating in a strike;

as a means of mobilizing and using labor force for the needs of economic development;

as a punishment for having or expressing political views or ideological beliefs that are contrary to the established political, social or economic system;

as a measure of discrimination based on racial, social, national or religious affiliation.

Forced labor also includes work that an employee is forced to perform under the threat of any punishment (violent influence), while in accordance with this Code or other federal laws, he has the right to refuse to perform it, including in connection with :

violation of the established deadlines for the payment of wages or payment of wages not in full;

the emergence of a direct threat to the life and health of an employee due to violation of labor protection requirements, in particular, the failure to provide him with collective or individual protective equipment in accordance with established standards (Article 4 of the Labor Code of the Russian Federation).

Production activity- a set of actions of workers using the means of labor necessary for the transformation of resources into finished products including production and processing various kinds raw materials, construction, provision of various types of services (Article 209 of the Labor Code of the Russian Federation).

Occupational Risk- the probability of causing harm to health as a result of exposure to harmful and (or) dangerous production factors in the performance of duties by an employee under an employment contract or in other cases established by this Code, other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 209 of the Labor Code of the Russian Federation).

Employee- an individual who has entered into an employment relationship with the employer.

Persons who have reached the age of sixteen years, and in the cases and in the manner established by this Code, also persons who have not reached the specified age (Article 20 of the Labor Code of the Russian Federation) have the right to enter into labor relations as employees.

Employer- an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In cases stipulated by federal laws, another entity entitled to conclude employment contracts may act as an employer. For the purposes of this Code, employers who are natural persons are recognized as:

individuals duly registered as individual entrepreneurs and engaged in entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities (hereinafter referred to as employers - individual entrepreneurs). Individuals who, in violation of the requirements of federal laws, carry out the specified activity without state registration and (or) licensing, who have entered into labor relations with employees in order to carry out this activity, are not exempt from the obligations imposed by this Code on employers - individual entrepreneurs;

individuals entering into labor relations with employees for the purpose of personal service and household assistance (hereinafter referred to as employers - individuals who are not individual entrepreneurs).

The rights and obligations of the employer in labor relations are exercised by: an individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them in the manner prescribed by this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organizations) and local regulations (Article 20 of the Labor Code of the Russian Federation).

Working time- the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time . Normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation).

Night time - time from 10 p.m. to 6 a.m. (Article 96 of the Labor Code of the Russian Federation).

Workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

Head of the organization- an individual who, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organization) and local regulations manages this organization, including performing the functions of its sole executive body (Article 273 of the Labor Code of the Russian Federation).

Overtime work - work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work(shifts), and in the case of a summarized accounting of working time - in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code of the Russian Federation).

seasonal recognized work, which, due to climatic and other natural conditions, are carried out during a certain period (season), which, as a rule, does not exceed six months (Article 293 of the Labor Code of the Russian Federation).

Certificate of conformity of the organization of work on labor protection- a document certifying the compliance of the work carried out by the employer on labor protection with state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).

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 permanent job which is carried out on the way or has itinerant character, business trips are not recognized (Article 166 of the Labor Code of the Russian Federation).

Shift work- work in two, three or four shifts - is introduced in cases where the duration 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 (Article 103 of the Labor Code of the Russian Federation).

part-time- performance by the employee of other regular paid work on the terms of an employment contract in his spare time from his main job (Article 282 of the Labor Code of the Russian Federation).

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

Depending on the scope of regulated social and labor relations, agreements may be concluded: general, interregional, regional, sectoral (intersectoral), territorial and other agreements.

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

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

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

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

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

Other agreements - agreements that can be concluded by parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them (Article 45 of the Labor Code of the Russian Federation).

Social partnership in the sphere of labor- a system of relations between employees (representatives of employees), employers (representatives of employers), state authorities, local authorities, 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 (Article 23 of the Labor Code of the Russian Federation ).

Means of individual and collective protection of workers - technical means used to prevent or reduce the impact on workers of harmful and (or) hazardous production factors, as well as to protect against pollution (Article 209 of the Labor Code of the Russian Federation).

Occupational safety standards- rules, procedures, criteria and standards aimed at preserving the life and health of workers in the course of work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, medical and preventive, rehabilitation measures in the field of labor protection (Article 209 of the Labor Code of the Russian Federation) .

Tariff rate- a fixed amount of remuneration for an employee for fulfilling a labor norm of a certain complexity (qualification) per unit of time without taking into account compensatory, incentive and social payments (Article 129 of the Labor Code of the Russian Federation).

Tariff systems wages- systems of remuneration based on the tariff system of differentiation of wages of workers of various categories.

The tariff system for differentiation of wages of employees of various categories includes: tariff rates, salaries (official salaries), tariff scale and tariff coefficients.

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

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

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

Tariffication of work - assignment of types of labor to tariff categories or qualifying categories depending on the complexity of the work.

The complexity of the work performed is determined on the basis of their billing.

Tariffication of work and the assignment of tariff categories to employees are carried out taking into account a single tariff qualification handbook works and professions of workers, a unified qualification directory of positions of managers, specialists and employees. These reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation.

Tariff wage systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms. Tariff systems of remuneration are established taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory for the positions of managers, specialists and employees, as well as taking into account state guarantees for wages (Article 143 of the Labor Code of the Russian Federation).

Labor protection requirements- state regulatory requirements for labor protection, including labor safety standards, as well as labor protection requirements established by the rules and instructions for labor protection (Article 209 of the Labor Code of the Russian Federation).

Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement , timely and in full to pay wages to the employee, 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 (Article 56 of the Labor Code of the Russian Federation).

Labor Relations- relations based on an agreement between the employee and the employer on the personal performance by the employee of the labor function for payment (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type work entrusted to the employee), subordination of the employee to the rules of internal labor regulations while providing the employer with working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract (Article 15 of the Labor Code of the Russian Federation).

Occupational risk management- a set of interrelated activities, including measures to identify, assess and reduce the levels of professional risks. The regulation on the occupational risk management system is approved by the federal executive body responsible for the development of state policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 209 of the Labor Code of the Russian Federation).

Working conditions- a set of factors of the working environment and the labor process that affect the performance and health of an employee (Article 209 of the Labor Code of the Russian Federation).

Labor relations - relations based on an agreement between the employee and the employer on the personal performance by the employee of a labor function for a fee (work according to the position in accordance with the staff list, profession, specialty indicating qualifications; a specific type of work assigned to the employee), subordination of the employee to the rules of internal labor regulations when the employer provides the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract.

Article 16. Grounds for the emergence of labor relations

Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with this Code.

In the cases and in the manner established by labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulations) of the organization, labor relations arise on the basis of an employment contract as a result of:

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

election to office;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

election by competition to fill the relevant position;

appointment to a position or approval in a position;

referrals to work authorized in accordance with federal law bodies on account of the established quota;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

a court decision on the conclusion of an employment contract;

paragraph is invalid. - Federal Law of June 30, 2006 N 90-FZ.

Labor relations between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his representative in the event that the employment contract was not properly executed.

(Part three was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 17

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Labor relations on the basis of an employment contract as a result of election to a position arise if the election to a position involves the performance of a certain labor function by the employee.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 18

Employment relations on the basis of an employment contract as a result of being elected by competition to fill the relevant position arise if the labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulation) of the organization defines a list of positions to be filled by competition, and the procedure for competitive election for these positions.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 19

Labor relations arise on the basis of an employment contract as a result of appointment to a position or approval in a position in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulations) of the organization.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 20. Parties to labor relations

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The parties to labor relations are the employee and the employer.

An employee is an individual who has entered into an employment relationship with an employer.

Persons who have reached the age of sixteen years, and in the cases and in the manner established by this Code, also persons who have not reached the specified age, have the right to enter into labor relations as employees.

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

For the purposes of this Code, individual employers are:

individuals duly registered as individual entrepreneurs and engaged in entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities (hereinafter - employers - individual entrepreneurs). Individuals who, in violation of the requirements of federal laws, carry out the specified activity without state registration and (or) licensing, who have entered into labor relations with employees in order to carry out this activity, are not exempt from the obligations imposed by this Code on employers - individual entrepreneurs;

individuals entering into labor relations with employees for the purpose of personal service and household assistance (hereinafter - employers - individuals who are not individual entrepreneurs).

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

Individuals who have reached the age of eighteen have the right to conclude employment contracts as employers, provided that they have full civil capacity, as well as persons who have not reached the specified age, from the day they acquire civil capacity in full.

Individuals with independent income, who have reached the age of eighteen, but limited by the court in their legal capacity, have the right, with the written consent of the trustees, to conclude employment contracts with employees for the purpose of personal service and assistance with housekeeping.

On behalf of individuals who have an independent income, who have reached the age of eighteen, but recognized by the court as legally incompetent, their guardians may conclude employment contracts with employees for the purpose of personal service to these individuals and assistance to them in housekeeping.

Minors between the ages of fourteen and eighteen, with the exception of minors who have acquired civil capacity in full, may conclude employment contracts with employees if they have their own earnings, scholarships, other incomes and with the written consent of their legal representatives (parents, guardians, trustees).

In the cases provided for by parts eight to ten of this article, legal representatives (parents, guardians, trustees) of individuals acting as employers bear additional liability for obligations arising from labor relations, including obligations to pay wages.

For the obligations of employers — institutions financed in whole or in part by the owner (founder), as well as employers — state-owned enterprises, the owner (founder) bears additional responsibility for obligations arising from labor relations in accordance with federal laws and other regulatory legal acts of the Russian Federation.

Article 21. Basic rights and obligations of an employee

The employee has the right to:

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

providing him with a job stipulated by an employment contract;

a workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of 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 public holidays paid annual leave;

full reliable information about working conditions and labor protection requirements at the workplace;

vocational training, retraining and advanced training in accordance with the procedure established by this Code and 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 this Code, other federal laws and the collective agreement;

conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;

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

resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by this Code and other federal laws;

compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by this Code, other federal laws;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

compulsory social insurance in cases stipulated by federal laws.

The employee is obliged:

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

observe the rules of internal labor regulations;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

observe labor discipline;

comply with established labor standards;

comply with the requirements for labor protection and ensuring labor safety;

take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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 (including the property of third parties held by the employer, if the employer is responsible for the safety of this property).

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 22. Basic 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 this Code, other federal laws;

conduct collective negotiations and conclude collective agreements;

encourage employees for conscientious efficient work;

require employees to fulfill their labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees, compliance with internal labor regulations;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

bring employees to disciplinary and financial liability in the manner prescribed by this Code, other federal laws;

adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs);

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

create associations of employers in order to represent and protect their interests and join them.

The employer is obliged:

comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;

provide employees with work stipulated by the employment contract;

ensure safety and working conditions that comply with state regulatory requirements for labor protection;

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 within the time limits established in accordance with this Code, the collective agreement, internal labor regulations, labor contracts;

conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by this Code;

provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;

to acquaint employees against signature with the adopted local regulations directly related to their work activities;

timely comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control(supervision) in the established field of activity, pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

(as amended by Federal Law No. 242-FZ of July 18, 2011)

consider the submissions of the relevant trade union bodies, other representatives elected by employees about the violations of labor legislation and other acts containing labor law norms, take measures to eliminate the violations found and report the measures taken to these bodies and representatives;

create conditions that ensure the participation of employees in the management of the organization in the forms provided for by this Code, other federal laws and the collective agreement;

provide for the everyday needs of employees related to the performance of their labor duties;

carry out compulsory social insurance of employees in the manner prescribed by federal laws;

compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by this Code, other federal laws and other regulatory legal acts of the Russian Federation;

perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.

Question
Topic 1. Fundamentals of labor protection

1. What legislative act establishes the right of an employee to work in the Russian Federation?

Labor Code of the Russian Federation

the Constitution of the Russian Federation

Convention for the Protection of Human Rights and Fundamental Freedoms

Federal Law N 426-FZ "On a special assessment of working conditions"

Constitution: Article 36 p.3. Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not lower than that established by federal law minimum size wages and the right to protection against unemployment.

4. The right to individual and collective labor disputes is recognized using the methods of their resolution established by federal law, including the right to strike.

Question
2. Which of the following relations are based on an agreement between the employee and the employer on the personal performance by the employee of a labor function for payment, the employee's subordination to the rules of the internal labor schedule while the employer ensures the working conditions provided for by labor legislation?

Labor Relations

Property relations

financial relations

Civil law relations

Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with this Code.

Question
3. Who are the parties to the employment relationship?

Individual and legal entity

Worker and manager

Employee and employer

Individual and state

Labor Code of the Russian Federation Chapter 2

Article 20. Parties to labor relations

The parties to labor relations are the employee and the employer.

Question
4. By concluding, amending and supplementing what documents, employees and employers regulate labor relations and other relations directly related to them in labor legislation?

Only employment contracts

Only collective agreements

Agreements only

All listed documents

Labor Code of the Russian Federation Article 9. Regulation of labor relations and other directly related relations in a contractual manner

In accordance with labor legislation, the regulation of labor relations and other relations directly related to them can be carried out by concluding, amending, supplementing collective agreements, agreements, labor contracts by employees and employers.

Question
5. What is the basis for the emergence of labor relations between the employee and the employer?

Oral agreement on the performance of labor duties between the employee and the employer

Conclusion of a civil law contract

Actual admission of an employee to work without the knowledge or instruction of the employer or his authorized representative

The conclusion of an employment contract, as well as the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative in the case when the employment contract was not properly executed

Labor Code of the Russian Federation Article 16. Grounds for the emergence of labor relations

Labor relations between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative in the case when the employment contract was not properly executed.

The actual admission of an employee to work without the knowledge or instruction of the employer or his authorized representative is prohibited.

Question
6. What is meant by production activities?

Question
7. What is meant by production activities?

The set of actions of workers using the means of labor necessary to turn resources into finished products

An activity in which the actions of the worker are guided by the conscious goal of mastering certain skills

Activities aimed at the production of certain socially useful products that satisfy human needs

Labor Code of the Russian Federation Section X. LABOR SAFETY Article 209. Basic concepts

Production activity - a set of actions of workers using the means of labor necessary to turn resources into finished products, including the production and processing of various types of raw materials, construction, and the provision of various types of services.

Question
8.What is the working conditions?

This is a combination of factors of the working environment and the labor process that affect the performance and health of the employee.

These are the maximum permissible concentrations of substances in the air of the working area

This is the value of the harmful and (or) dangerous production factor

This is the level of material compensation to the employee for harmful and (or) dangerous production factors

Labor Code of the Russian Federation Section X. LABOR SAFETY Article 209. Basic concepts

Working conditions - a set of factors of the working environment and the labor process that affect the performance and health of the employee.

Question
9. Which of the following definitions corresponds to the term "danger"?

Only an object capable of causing injury or other harm to human health

Only a situation capable of causing injury or other harm to human health

Only an action capable of causing injury or other harm to human health

A production factor capable of causing injury or other harm to human health

Labor Code of the Russian Federation Section X. LABOR SAFETY Article 209. Basic concepts

A hazardous production factor is a production factor, the impact of which on an employee can lead to his injury.

Question
10. What definition corresponds to the term "risk"?

The combination of the probability of a hazardous event occurring in the course of work, the severity of injury or other damage to human health caused by this event

The process of recognizing the existence of a hazard and defining its characteristics

The process of obtaining and objectively assessing data on the potential hazard and the damage that it can cause

Labor Code of the Russian Federation Section X. LABOR SAFETY Article 209. Basic concepts

Occupational risk - the likelihood of harm to health as a result of exposure to harmful and (or) dangerous production factors in the performance of duties by an employee under an employment contract or in other cases established by this Code, other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body responsible for the development of state policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

The concepts of the employer in the Code and Law N 115-FZ also do not coincide in terms of essential criteria. According to Art. 20 of the Labor Code of the Russian Federation, an employer is an individual or legal entity (organization) that has entered into an employment relationship with an employee. The Code provides for special conditions for the conclusion of employment contracts by an individual as an employer. By general rule, this is the achievement of 18 years of age and the presence of civil capacity in full.

In accordance with paragraph 2 of Art. 13 of Law N 115-FZ, an employer is an individual or legal entity that has received permission in the prescribed manner to attract and use foreign workers and uses the labor of foreign workers on the basis of employment contracts concluded with them.

Thus, based on the wording of paragraph 2 of Art. 13 of Law N 115-FZ, the mandatory conditions for classifying an individual or legal entity as an employer are:

1) obtaining by an individual or legal entity, in accordance with the established procedure, a permit to attract and use foreign workers;

2) the use of labor of foreign workers on the basis of employment contracts concluded with them.

The wording of the concept of the employer presented in Law N 115-FZ is not entirely correct. Firstly, in connection with the use in this wording of the concept of "foreign worker", which, by virtue of Article 2 of Law N 115-FZ, includes only foreign citizens temporarily staying in the Russian Federation, employers do not include persons who use on the basis of employment contracts labor of foreign citizens temporarily and permanently residing in Russia.

It should be noted that here the logic of the legislator is especially inconsistent in relation to temporarily residing foreign citizens who arrived under a visa regime, because in order to use their labor, the employer must obtain permission to attract and use foreign workers. Secondly, this wording is not correct when recruiting under an employment contract of foreign citizens who arrived in a manner that does not require a visa. A person who has concluded an employment contract with a foreign citizen of this category will not be an employer, since he, in accordance with paragraphs. 1 p. 4.5 Art. 13 of Law N 115-FZ, it is not required to obtain permission to attract and use foreign workers. And obtaining a permit is an unconditional basis for classifying such a person as an employer.

Contradictions in the conceptual apparatus confuse both the norms of the Law N 115-FZ itself and the by-laws, and also contradict the Code. In addition, they provoke the emergence of conflicts, because if a person who has concluded an employment contract with a foreign citizen is not an employer, then he may not fulfill the obligations established by law in relation to the employee, and vice versa.

Given the above, it seems necessary, when defining the concept of an employer in the Code, to make an addition regarding the special conditions provided for by the Code and other federal laws in cases of entering into labor relations with a foreign worker.

Documents to be presented at the conclusion of an employment contract

In Art. 65 of the Labor Code of the Russian Federation, a list of documents presented by a person applying for a job is presented. In the case of hiring a foreign citizen, the specified list needs to be finalized in the following areas.

1. The Code does not require the presentation of documents required for the participation of a foreign citizen in labor activity in accordance with Law No. 115-FZ, as well as documents confirming the legality of his entry and stay on the territory of Russia. Moreover, based on Part 4 of Article 65 of the Labor Code of the Russian Federation, there is a direct ban on the demand for such documents.

Part 3 of Article 65 of the Labor Code of the Russian Federation does not save the situation, according to which "In some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract." Firstly, neither the Code, nor Law N 115-FZ, nor other regulatory legal acts provide for the need to present additional documents when concluding an employment contract with a foreign citizen. And secondly, the involvement of a foreign citizen in the work does not apply "to individual cases, taking into account the specifics of the work."

Work permit. So, according to paragraph 4. Art. 13 of Law N 115-FZ, as a general rule, a foreign citizen has the right to work if he has a work permit. As practice shows, in most cases, foreign specialists dispute the employer's requirement to present a permit, arguing that there is no such requirement in the legislation, therefore this document has nothing to do with the employer, but applies exclusively to the employee.

Meanwhile, the employer bears a serious administrative responsibility for attracting a foreign citizen to work if the latter does not have a work permit. And today this is, perhaps, the only argument for convincing a foreigner of the need to present his work permit to the employer. So, according to Art. 18.15 of the Code of Administrative Offenses of the Russian Federation, for this violation, the employer is liable in the form of an administrative fine on officials - from 25 thousand to 50 thousand rubles, on legal entities - from 250 thousand to 800 thousand rubles. or administrative suspension of activities for up to 90 days. At the same time, in the case of illegal involvement in labor activity of two or more foreign citizens, the liability established by this article occurs in relation to each foreign citizen.

Documents confirming the legality of entry and stay on the territory of the Russian Federation. It also causes constant disputes between the employer and a foreign citizen entering work, the need to present documents confirming the eligibility of his entry and stay on the territory of Russia, namely: visas, migration cards, temporary residence permits, residence permits, other documents stipulated by federal law. These documents are necessary for the employer to determine the category to which the foreign citizen belongs in accordance with Law N 115-FZ. This is a foreign citizen: temporarily staying, temporarily residing, permanently residing, arrived in a visa regime, arrived in a manner that does not require a visa. For each category of foreign citizens, Law N 115-FZ provides for its own conditions for the implementation of labor activity, which, in order to avoid violating the law, must be taken into account by the employer.

For example, according to clause 4.2. Art. 13 of Law N 115-FZ, a temporarily staying foreign citizen is not entitled to carry out labor activities outside the constituent entity of the Russian Federation, on the territory of which he was issued a work permit. According to the order of the Ministry of Health and Social Development of Russia dated July 28, 2010 N 564n, the total duration of a business trip for such a category of foreign citizens cannot exceed 10 calendar days during the period of validity of his work permit. As a general rule, a work permit is issued to a foreign citizen for a period not exceeding one year from the date of entry into the Russian Federation. Hence, the total duration of a business trip of a temporarily staying foreign citizen outside the subject of the Russian Federation, in whose territory he was issued a work permit, cannot exceed 10 calendar days per year.

2. The Code requires documents that are redundant for a foreign worker. So, according to Art. 65 of the Labor Code of the Russian Federation, the list of mandatory documents to be presented when applying for a job includes an insurance certificate of state pension insurance. And when concluding an employment contract for the first time, the employer is obliged to draw it up. However, based on the Federal Law of December 15, 2001 N 167-FZ "On Compulsory Pension Insurance in the Russian Federation", foreign citizens temporarily staying on the territory of the Russian Federation working under an employment contract do not apply to persons covered by compulsory pension insurance.

3. It is necessary to clarify the requirements for the mandatory documents listed in Article 65 of the Labor Code of the Russian Federation.

Passport or other identity document. Lists of identity documents in different countries differ from each other. In this regard, in practice there were cases when a foreign citizen presented a document proving his identity under the legislation of a foreign state, but not related to such documents in accordance with Russian legislation. I believe that for foreign citizens it is advisable to introduce the following clarification of this wording into the Code: "documents proving the identity of a foreign citizen in the Russian Federation, established by federal laws." So, according to Art. 10 of Law N 115-FZ, documents proving the identity of a foreign citizen in the Russian Federation are a passport of a foreign citizen or another document established by federal law or recognized in accordance with an international treaty of the Russian Federation.

At the same time, it is necessary to clarify in the Code whether it is required to provide a Russian-language translation of a document proving the identity of a foreign citizen, and indicate the types of translation (for example, notarized translation).

Employment history. In practice, there are different opinions regarding the work books of foreign citizens. Some believe that, first of all, it is necessary to be guided by international norms of law. Under the terms of international treaties between the Russian Federation and a foreign state, it is determined which documents are legalized to confirm the length of service acquired in the territory of another state. An example is the Agreement between the Government of the Russian Federation and the Government of Ukraine, according to which documents issued in the territory of one country in the prescribed form are accepted in the territory of another country. This opinion is also supported by specialists who argue that work books issued in Belarus do not need to be changed to Russian-style books, because. Russia and Belarus provide mutual recognition of seniority. Others believe that it is impossible to accept work books of foreign states, since, in accordance with Art. 66 of the Labor Code of the Russian Federation, the form of work books is established by the Government of the Russian Federation. Still others believe that foreign citizens should not have a work book at all, because. they are not covered by pension insurance.

Given the above, the Code should clearly establish whether a foreign citizen must present a work book when applying for a job, what kind of work book should be presented and whether the employer should draw up a work book if the foreign citizen entering work does not have it.

It seems that a foreign citizen, when applying for a job, must present both his national work book and the work book of the Russian sample. And in the absence of a work book in the form established by the Government of the Russian Federation, the employer should issue such a work book.

The presentation of national work books by citizens of foreign countries with which Russia has mutual recognition of length of service is necessary, for example, in order to determine the length of service for the payment of temporary disability benefits. Citizens of other states must also present their national work books to confirm work experience in order to determine qualifications for the relevant position. At the same time, the Code should provide for the obligation to provide a translation of the national work book into Russian.

A document on education, qualifications or the availability of special knowledge. On this issue, the employer has the largest number of disputes both with foreign citizens and with inspection bodies. This issue is especially relevant in a period of increasing demand for qualified foreign specialists.

So, in practice, inspection bodies require nostrification of documents and presentation of certificates of their equivalence. The majority of foreign specialists defend the position that it is enough for them to present documents on the formation of a foreign state, because See the Codexnet for a transcript on the subject. Only a few foreign citizens submit documents with consular legalization or certified by means of an apostille, as well as their notarized translation.

To eliminate the gap, documents should be established in the Code certifying that a foreign citizen has education, qualifications or special knowledge for work in the Russian Federation that requires special knowledge or special training.

Certificate of presence (absence) of a criminal record. Federal Law No. 387-FZ of December 23, 2010 supplemented the list of mandatory documents of Article 65 of the Labor Code of the Russian Federation with a certificate on the presence (absence) of a criminal record and (or) the fact of criminal prosecution or on the termination of criminal prosecution on rehabilitating grounds. According to the Code, the specified certificate must be issued in the manner and in the form established by the federal executive body in the field of internal affairs - when applying for a job related to activities to which, in accordance with this Code, other federal law, persons are not allowed who have or have had a criminal record, are subject to or have been subjected to criminal prosecution.

For foreign citizens, special regulation is required here. Indeed, as a rule, foreign citizens arriving for the purpose of employment do not have a criminal record on the territory of the Russian Federation. But they can have it on the territory of a foreign state.

It seems that it is necessary to introduce norms into the Code, according to which a foreign citizen must present a document confirming the presence (absence) of a criminal record and (or) the fact of criminal prosecution both in the territory of his country of permanent residence and in the territory of the Russian Federation. Such tightening is especially necessary to ensure the protection of the rights of minors, since such a certificate must be presented by persons when applying for work related to pedagogical activity. To the implementation of this activity, in accordance with Art. 331 of the Labor Code of the Russian Federation, persons who have or had a criminal record, who are or have been prosecuted for crimes, including those against sexual integrity and sexual freedom of the individual, against the family and minors, are not allowed.