3 types of employers and features of their labor relations with employees

Who can have employee status

An employee is an individual who enters into an agreement with an employer, and from the moment of its validity begins to bear a number of obligations. A person who has reached the age of 16 can enter into an employment relationship with the status of an employee, and in some individual cases, according to the Labor Code of the Russian Federation, earlier than this age.

If an individual has reached the age of majority, but is limited in legal capacity by a court decision, then he can still enter into contracts with employers. However, it is important to comply with the conditions - permission from the trustees will be required in writing, and the purpose of the work may be personal service or assistance in housekeeping.

Test with answers: “Labor relations”

1.What is the source of labor law? A) Labor Code B) All answers are correct+ C) employment contract D) collective agreement

2.What may the laws of a subject of the Federation that contain labor law norms contradict? A) no acts B) decrees of the Government of the Russian Federation C) decrees of the President of the Russian Federation containing labor law norms D) acts of local government bodies+

3. Which of the following are criteria for the independence of the branch of labor law? A) subject and method of legal regulation+ B) presence of a codified act C) system of legal sources D) developed science

4.What should the decisions of the Government of the Russian Federation not contradict? A) Labor Code of the Russian Federation + B) constitutions (statutes) of the constituent entities of the Federation C) laws of the constituent entities of the Federation D) Employment contract

5.Normal working hours should not exceed: A) 36 hours per week; B) 40 hours a week;+ C) 48 hours a week.

6. If the employer replaces the employee’s vacation with monetary compensation, this is his: A) right; B) a duty.

7.What is a work book? A) a book containing information about the employee’s work activity for the entire period of his work + B) an identity document.

8. The Labor Code of the Russian Federation applies to legal relations that arose: A) before its implementation B) after its entry into force + C) both before and after its entry into force

9.Which of these people is a party to the labor relationship? A) university teacher+ B) military man C) freelance artist D) housewife

10.What is the employer's obligation in accordance with labor legislation? A) conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation + B) provide any information about the production process C) call workers to work on weekends if the interests of production require it

11. Who is an employer? A) an individual who uses hired labor + B) a legal entity that uses hired labor C) an individual who does not use hired labor

12. Who is an employee? A) an individual who is not hired B) a legal entity that is hired C) an individual who is hired+

13. In connection with what does a labor collective arise? A) the signing of an employment contract B) the appointment of a general director C) the emergence of an enterprise+

14.What is social partnership? A) a system of relationships between employees, employers, state authorities and local self-government+ B) the state’s concern for improving the lives of the people C) a type of political agreement

15.What relations with the participation of a trade union are regulated by labor legislation: A) the creation of a trade union organization B) the rights of a trade union organization as a legal entity C) the participation of a trade union in concluding a collective agreement+

16.What form does social partnership take? A) collective negotiations on the preparation of draft collective agreements, agreements and their conclusion+ B) joint work in the commission on labor disputes C) organizing and conducting a strike

17. Is it correct that: a) children under 18 years of age have partial legal capacity; b) can a minor teenager have full legal capacity? 1. only a is true 2. only b is true 3. both judgments are correct + 4. both judgments are incorrect

18. Is it true that: a) the consumer has the right to demand a certificate of conformity from the seller; b) the consumer has the right to control the conditions, place and time of production of goods? A) only a+ is true B) only b is true C) both judgments are correct D) both judgments are incorrect

19.How are persons who participate in collective negotiations and the preparation of a draft collective agreement released from their main job? A) with preservation of average earnings for a period determined by agreement of the parties, but not more than three months + B) with preservation of average earnings for a period established by the head of the organization C) with payment from the funds of the trade union organization for a period of no more than three months

20. When conducting negotiations at the industry level, the employer’s representatives are: A) association of employers + B) industry ministry C) local authorities

21. The terms of an employment contract can be changed: A) in writing by agreement of the parties + B) orally by agreement of the parties C) The Labor Code of the Russian Federation does not establish the form for changing the employment contract

22.Where are the mandatory terms of an employment contract determined? A) in a collective agreement or agreement B) in the Labor Code of the Russian Federation + C) by agreement of the parties to the employment contract

https://youtu.be/UrLqaiJCgkg

Who can be an employer

The parties to the labor relationship include the concept of “employer”. It can be not only an individual, but also a legal entity. It is important to note that most employers operating without forming a legal entity have the status of individual entrepreneurs.

It is worth noting that individual entrepreneurs bear responsibility to employees, duties that the Labor Code of the Russian Federation imposes on all employers.

They have the right to carry out their activities only within the boundaries of federal legislation, and the lack of a license does not indicate their release from performing duties.

If the employer is a legal entity, then its main rights will belong to the management body, for example, the director. The following methods are used to distribute responsibilities:

• execution of a power of attorney, according to which a certain person or group of persons is vested with the powers of the employer;
• publication of a normative act that has local effect and does not conflict with current legislation on the transfer of the main responsibilities and powers of the employer to one or more officials.

The general meeting of shareholders serves as an example demonstrating the peculiarities of labor relations and the need to fulfill duties. In such entities, labor relations will be established by this authorized body, if according to the statutory documentation they are not transferred to the board of directors of the enterprise.

Explanations of the Supreme Court of the Russian Federation on the signs of labor relations

Clause 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2018 N 15 “On the application by courts of legislation regulating the labor of workers working for employers - individuals and for employers - small businesses that are classified as micro-enterprises” contains the following explanations:

The characteristic features of labor relations in accordance with Articles 15 and 56 of the Labor Code of the Russian Federation include:

• the parties reach an agreement on the personal performance by the employee of a certain, predetermined labor function in the interests, under the control and management of the employer;
• the employee’s subordination to the employer’s internal labor regulations and work schedule (shift);
• provision of working conditions by the employer; performance by an employee of a labor function for pay.

The existence of an employment relationship may be indicated by:

• the sustainable and stable nature of these relations,
• subordination and dependence of labor,
• the employee performs work only in a certain specialty, qualification or position,
• the presence of additional guarantees for the employee established by laws and other regulatory legal acts governing labor relations.

Signs of the existence of an employment relationship also include, in particular:

• the employee performs work in accordance with the instructions of the employer;
• integration of the employee into the organizational structure of the employer;
• recognition by the employer of employee rights such as weekly days off and annual leave;
• payment by the employer of expenses associated with the employee’s travel in order to perform work;
• making periodic payments to the employee, which are his only and (or) main source of income;
• provision of tools, materials and mechanisms by the employer (Recommendation No. 198 on the labor relationship, adopted by the General Conference of the International Labor Organization on June 15, 2006).

Rights and obligations of the employer

The parties to the labor relationship are the employee and the employer. All basic rights belonging to the employer are conditionally divided into three groups.

Firstly, this is the right to conclude an employment contract with an employee, make corrections and adjustments to this document, and terminate it by termination in the prescribed manner.

Secondly, fundamental rights include rights aimed at fulfilling the employee’s labor obligations. These include:

• the right to insist on fulfillment of obligations, appropriate attitude towards the material base of the company or organization and respect for other employees;
• the right to establish and even consolidate at the local regulatory level internal regulations and requirements for their compliance;
• rights of rewards and incentives for overtime hours of work or high-quality fulfillment of obligations.

And the third group of rights is the protection of one’s own interests and the interests of the entire legal entity:

• may form unions in which employers will be participants, if their goal is to protect legitimate interests;
• can create works councils and put issues related to labor activity on the agenda;
• the right to develop and subsequently implement documentation establishing rules or requirements for employees and the obligations they perform.

The main responsibilities of employers are as follows:

• follow the legislative material on labor issues in force on the territory of the Russian Federation;
• provide employees with work specified in the employment agreement;
• maintain safe working conditions, guaranteed by law and necessary for carrying out activities;
• comply with the time and amount of payment of wages to employees;
• provide the entire work team with the information that is required to sign a collective agreement;
• comply with the requirements of government organizations performing the function of control in the labor sphere;
• provide social health insurance for employees.

Moreover, the duties that the employer must fulfill imply compensation for the costs of employees to fulfill labor obligations (if they were performed by them).

Concept of labor relations

The implementation of a technological process, the end result of which is the creation of a product or the provision of a service, refers to a complex system of relationships between the employer and the subordinate. It, in its essence, becomes the basis of labor relations (EL). This phrase is considered stable and is used everywhere, and its concept is reflected in the Labor Code of the Russian Federation.

In Art. Chapter 15 of Chapter 2 of the Labor Code clearly states that labor relations should be understood as a production relationship between an employer and an employee, based on an agreement on the responsibilities and rights of both parties, the amount of remuneration and other aspects of the work process. In modern society, any type of TO can be considered a dynamic social system that maintains stability for a short time. This is due to the fact that in the course of work, new rights and obligations invariably arise, and previously approved provisions become irrelevant. That is why, when drawing up a contract, general wording is used and universal situations are taken into account.

The legislative framework

Labor relations reflect not only the production interaction declared by the contract, but also the communicative connections that arise between team members in the labor process. Therefore, when entering the scope of maintenance, any citizen should know that there is a whole system of legal norms governing these relations.

Attention! The basic principles are enshrined in the Constitution of the Russian Federation, but the Labor Code remains the main legal act. The second chapter is entirely devoted to various aspects of interaction between employer and subordinate.

• Art. 15 defines TO.
• Art. 16 lists the reasons for their occurrence.
• Art. 17-19 regulate maintenance between the parties to the employment contract.
• Art. 20-22 define the parties to industrial interaction, list their rights and responsibilities.

Signs of labor relations

Labor relations are regulated not only by the Labor Code of the Russian Federation, but also by other regulations. It is they who highlight a number of features characteristic of production connections that arise in the labor process.

1. It is based on an agreement reached by the will of both parties.
2. Official duties are performed through personal participation.
3. Remuneration for labor is determined by qualifications, specialty, position and is fixed in the staffing table.
4. The employee is subject to clearly defined internal regulations of the organization (company).
5. The employer ensures timely payment of labor and creates optimal working conditions provided for by local regulations and legal norms (location, information, tools).

Industrial relations can be formalized not only within the framework of a working agreement, but also through the formation of civil contracts.

Features of labor relations

In addition to the characteristic features, labor experts also identify a number of features that distinguish technical work based on a formed contract from other types of industrial relations. They are as follows:

1. Individual performance of assigned labor functions, participation of third parties is excluded.
2. Perform official duties corresponding to the position or specialty.
3. Providing conditions in which subordinates will work.
4. Submission to the internal rules of the company (enterprise).

If TOs arose on the basis of an employment contract, they are regulated by the norms of the Labor Code of the Russian Federation. In other cases, it is recommended to rely on the provisions of the Civil Code of the Russian Federation.

Types of labor relations

Since TOs are formed on the basis of a concluded employment contract, the types of working relationships are determined by the types of document. Thus, the relationship between a manager and a subordinate is based on:

• open-ended contract (validity period is not determined for various reasons);
• contracts with a certain period.

Quite often, maintenance entities enter into contracts for a long period, so the expiration date of the document is not determined. The absence of reference to the time of termination of the relationship is the basis for recognizing such an agreement as indefinite.

https://youtu.be/n1vXHn139Gw

The establishment of a certain period of validity of the contract is determined by the nature of the work performed: temporary, seasonal. Such activities cannot continue for a long time, so the parties enter into a fixed-term contract. The maximum period of viability of such a document is 6 years, except in cases provided for by federal law.

Who has the right to enter into an employment contract?

Only citizens who have reached the age of majority have the right to enter into an employment contract on the part of the employer if they have full legal capacity. Even citizens who have not reached the age of majority can act as employers, if they have already acquired full legal capacity. Art. 21 of the Civil Code of the Russian Federation establishes that a citizen under 18 years of age acquires full legal capacity if he has entered into a marriage union.

Art. 20 of the Labor Code of the Russian Federation establishes that a person under the age of 14 to 18 can act as an employer concluding an employment contract. This procedure is possible if several conditions are met:

• having a source of income, such as receiving a salary or scholarship;
• having written permission from parents or guardians.

Principles of labor relations

Social relations classified as labor relations have the following principles:

• freedom of labor, including choice of professional occupation;
• prohibition of forced labor and discrimination;
• protection against job loss and assistance in the employment process;
• ensuring the rights of workers and their equality;
• implementation of remuneration by establishing a fair salary level;
• ensuring equal opportunities for career advancement;
• association of subjects of relations for the implementation of their own protection;
• the ability to manage the organization in legal forms;
• combination of working relationships with other interrelated ones;
• social partnership; mandatory compensation for harmful consequences caused to an employee;
• determination of state guarantees for providing a range of rights to employees;
• mandatory application of state protection to legal relations;
• providing the opportunity to create collective labor relations;
• mandatory compliance with employment contracts;
• ensuring the activities of trade unions;
• protecting the dignity of workers during the period of employment;
• provision of compulsory social insurance.

Thanks to the principles established at the legislative level, the protection of the rights of workers, their teams and employers from unlawful failure to fulfill obligations on the part of the subjects of relations is achieved. Such principles are reflected in the Labor Code of the Russian Federation and a number of regulations.

Employer's liability

Art. 362 of the Labor Code of the Russian Federation establishes that managers and other officials who are guilty of violating legislation affecting labor issues are held accountable. It could be:

• administrative responsibility. When applying it, the employer pays a fine, the amount of which ranges from 10 to 30 times the wage. The exact amount is determined depending on the violation committed by the employer.
• Disciplinary responsibility. It is expressed in the application of disciplinary sanctions against employers - reprimand, reprimand or dismissal in accordance with the grounds established by Art. 192 Labor Code of the Russian Federation.
• Criminal liability. One of the reasons for its use is the dismissal of a pregnant woman or a mother on maternity leave to care for a child under 3 years of age. Such liability is determined by the Criminal Code of the Russian Federation, the penalties are a fine (its amount varies from 200 to 500 min. wages) or compulsory work.

In all cases, when concluding an employment contract with individuals, employers bear financial responsibility. It affects the obligations arising from the employment relationship.

Reasons

A collective agreement is an act that regulates the labor relationship between a worker and an employer.

An employment contract is equally valid in any enterprise or institution, regardless of the number of its employees and form of ownership.

A prerequisite for the legal regulation of labor relations between the employer and the team/team was the emergence of a capitalist society.

The state reserved the right to be the guarantor of the minimum labor rights enshrined in the collective agreement.

The grounds for the emergence of legal relations are the following legal facts :

• individual employment contract;
• collective agreement;
• hiring order;
• legal act of choosing a citizen for a position;
• legal act of appointing a citizen to a position;
• the final legal act of approving a person for a position;
• contest;
• access to work.

Labor relations may consist of a combination of the listed facts.