Labor relations develop over time . Since the 18th century, attempts have been made to regulate these relations with the help of special regulations . The importance of regulating this area of activity was determined by the fact that it was necessary to legally protect the labor of hired workers from excessive exploitation in production. Thus, in the process, norms appeared regulating the length of the working day for women and men, social benefits, timely payment of labor, and so on. It is from these legal relations that the current system of federal legislation has emerged, which provides for such persons as employee and employee.
Employee characteristics
Article 20 of the Labor Code of the Russian Federation establishes that an employee is an individual who has entered into a contractual relationship with the employer . As this person, citizens who have reached the age of 16 can enter into these relationships, but a different age may be established by law.
He is one of the main subjects of labor relations; he is endowed with certain rights and responsibilities , which are also established by federal legislation. In accordance with the Constitution, any citizen of the Russian Federation has the right to work (this is enshrined in Article 37). This means that any person has the right to engage in professional activities that do not contradict federal legislation, and to choose the type and profession of activity. No one can be forced to work.
There are some restrictions in these relations, for example, citizens who are able to work must stop engaging in professional activities upon reaching a certain (retirement) age. Work may also be limited to persons recognized by the court as incompetent.
The main responsibilities of a working citizen include:
- Fully perform your duties and bear responsibility for your actions, in accordance with the internally established procedure and rules.
- Do not violate established discipline.
- Treat the employer’s property and your workplace with care, and so on.
Definition
First of all, in the conditions of commodity-production relations, there is one form in which an individual can enter into professional interactions with an organization. At the same time, it becomes a participant, an “integral element” of the enterprise. In modern conditions, a subject can realize his objective need to receive cash income in almost one form - as an employee. This means that, to one degree or another, he takes part in the creation and operation of the enterprise. Legally, all members of the team belong to the category in question. According to their economic situation, they all act as partners. An employee is also a member of a certain category of society who receives income for his activities from sources not generated through operations performed by him. In this case, he does not need to enter into a relationship with a legal entity to participate in the process of formation and operation of the enterprise. In addition, there is no need to generate revenue for the organization. The company has its own money, from which employees are paid.
https://youtu.be/pR9AMU1luc8
Employee characteristics
The very concept of “employee” to the greatest extent is practically synonymous with the word employee . There is no legal definition of this definition either in the Labor Code, or in federal laws, or in the regulations of local governments. This allows us to conclude that this definition refers to colloquial speech and has the character of a synonymous meaning . It would be inappropriate to use this term in a legal profile.
This term is widely used in public service bodies, for example, an employee of the police department, internal affairs department, investigative committee, prosecutor's office, and the like.
Russian legislation enshrines the rights and responsibilities specifically for a working person; nothing is said about the synonymous concept of “employee,” but this does not mean that the latter does not have any rights and should not bear certain responsibilities. Fundamental rights include:
- The right to favorable conditions for carrying out professional activities.
- Timely payment of wages in accordance with the contract.
- For annual paid leave.
- To protect their rights and freedoms guaranteed by this Code.
- To improve professional qualifications.
- For compulsory health insurance and so on.
Modern realities
Currently, there are entrepreneurs who have employees. At the same time, the differences between the subjects that are involved in the activities of organizations and economic partners are quite significant. They are especially clear in legal terms. However, legal shortcomings made by the legislator in regulating interactions almost made these categories equal. Moreover, non-legal status acts as a justification for the social status of a citizen. On the contrary, his objective place in society, which is determined by the nature of the source of the remuneration he receives for his professional activities, acts as a basis for obtaining certain legal opportunities.
Key Similarities Between Employee and Employee
Worker and employee are almost identical terms . There is no particular difference between them. It is important to note that in the first case the concept is enshrined at the legislative level, while the second definition is applied only at the colloquial level.
A person who has the status of both is endowed with rights and must bear responsibilities in accordance with the Labor Code of the Russian Federation. The main responsibilities include: maintaining established discipline, maintaining cleanliness in your workplace, maintaining the normal functioning of the work team, and so on. Basic rights include: the right to rest, to timely payment of wages, to health insurance, and the like.
Examples
Participants in labor activities can be considered employees only if they, through their own actions, form objective grounds for receiving remuneration. At the same time, they do not create any sources from which these funds will be withdrawn. For example, a tutor, a nanny, a gardener, a finishing team. In some cases, the employee will be a member of a legal entity, who specifically stipulates in his contract the right to payment for his work, regardless of the functioning of the organization.
The main differences between the concepts of employee and employee
Based on the above, we can conclude that there are not so many differences between these definitions, but they still exist. For example, an employee is any person who has entered into an employment contract with an employer, and in another case, this term is mainly used in the civil service.
The main differences also include the following:
- The first definition is enshrined in law, and the employee is only at the ordinary level.
- In the first case, an employee is recognized as a person who performs his duties in accordance with the concluded agreement, and in the second case, he can either voluntarily or also on the basis of an agreement.
- The concept of employee includes the definition of employee.
Non-profit structures
The functioning of such a legal entity, the creation of a fund of funds for accruing salaries to its participants, is carried out, as one can imagine, with funds from external sources. This allows subjects to be considered as employees. However, this is a misconception. A non-profit enterprise, like a commercial enterprise, is formed by all the participants who own it. Each member of society has his own human capital, which acts as part of the total resource of the legal entity. The property of the organization is the property of all participants. As taxpayers, community members contribute to the funding of the nonprofit organization's activities.
Relationships with foreigners
Legislation requires citizens arriving from other states to have special documents to get a job. If the subject arrived on a visa, then the required paper will be a permit. For persons arriving without visas, the required document is a patent. It came into force on January 1. 2020 Currently, only those foreigners who provide assistance in certain areas of life not related to entrepreneurship receive a patent. If a citizen wants to get a job at an enterprise, he will need permission. Currently, the legislation provides for the possibility of concluding a fixed-term, open-ended employment contract with foreigners. The first one is allowed to be issued in cases established by Article 59 of the Labor Code. In particular, a fixed-term contract is concluded if the period for which a citizen is involved is no more than 2 months, if the subject replaces the manager or his deputy, and in a number of other situations. In all other cases, an open-ended contract is issued.
Entry in the work book
Do I need to make an entry in the work book when replacing or hiring a temporary worker?
Having understood that a full-time employee is a permanent workforce at the enterprise, in this case a mandatory entry is made in the work book with the stamp, date and position of the employee who makes it. The entry is made on the basis of the employment order.
But what about freelance or temporary workers? If an employee combines or fills a certain position temporarily, then he is transferred to another salary and responsibilities in accordance with the transfer order, but no entry is made in the employment record. Temporary employees also make an entry in the work book indicating the period or reason for hiring (during the employee’s maternity leave or for other reasons).
Labor relations have always attracted increased attention from both scientists and ordinary people. The differences between an employee and an employee, at first glance, are of a purely technical nature and in no way affect the legal status of the person. However, upon closer examination of the issue, a certain difference becomes noticeable.
What is the difference between full-time and freelance workers?
A full-time employee is an employee with whom an employment contract has been concluded. In practice, a freelance employee differs from a full-time employee in that his position is not provided for in the organization’s staffing table or the number of people employed in a particular job is less than the company needs.
For example, according to the company’s staffing schedule, there are two welders, but a third one is needed, or if the staffing schedule does not provide for the position of an assistant mechanic, but one is needed for production purposes. In such cases, the employee is hired overtime, but at the same time receives insurance, paid sick leave and more, that is, all the rights and guarantees provided for by the Labor Code are respected.
Personnel training at the enterprise
The qualifications of personnel objectively indicate their ability to solve production problems.
The employer determines whether the required qualification level matches the actual education and experience of the employee. If not, retraining or sending the employee for advanced training is possible.
A proper personnel training system is the key to production profitability.
Organization of personnel training occurs as necessary or systematically, but not less than once every three years.
This is due to the emergence of new products and the continuous improvement of technological processes, changes in legal requirements, the search for ways to reduce defects in work and ensure the uninterrupted operation of technological lines.
Personnel training at an enterprise is carried out in most cases in three ways:
- in the form of practical training on simulators;
- in the form of courses based on the educational complex with the issuance of certificates of advanced training;
- like a discussion “table”, when experts share their experience with new employees.
We invite you to read Additional financial assistance to police officers
Roles and Responsibilities
The employer's role is to protect the health, welfare and safety of employees and any other persons who may be affected by the activities of the business. The employer must responsibly do what is within their control and ability to achieve it. The employer provides other benefits to the employee other than salary to take care of this. This includes providing things like health coverage that extends to employees' family if they are parents and gives them the ability to pay for time off to keep them satisfied. This also improves their performance. They must provide a comfortable and safe workplace for their employees and ensure timely payment.
The employee is responsible, among other things, for complying with the lawful and reasonable procedures provided for in the employment contract. He or she must serve the employer faithfully and maintain loyalty and diligence in the performance of his or her duties. Employees are also required not to misuse confidential information they acquire from their employer during their service.
Explanations
In fact, personal income tax is not transferred from the entrepreneur’s pocket, but is deducted from the employee’s salary. As for contributions to various funds, they are those additional costs that are inevitable when attracting citizens to perform certain production tasks. Meanwhile, the Tax Code provides for certain relaxations for individual entrepreneurs. So. Reduced rates can be used by entities using the simplified tax system. In addition, in 2020, for the transfer of insurance amounts for employees to the Pension Fund of the Russian Federation, a maximum salary amount per year was established. It amounts to 71 thousand rubles. If the remuneration exceeds this amount, then the individual entrepreneur pays only 10% of the resulting difference.
