Payments for equal work and. “Unequal wages”: discrimination or employer’s right? Wherever there is wage labor, there is surplus value

Some employees, especially those who have already quit, go to court with a claim to eliminate discrimination and recover the “underpaid” difference in wages. Although, in general, such claims are not successful in the courts, nevertheless, the employer has to seriously prepare for such processes and prove his case with a large volume of documents. This article talks about how an employer should act correctly to avoid losing in court in such a case.

Prohibition of wage discrimination

Article 3 of the Labor Code of the Russian Federation contains a ban on discrimination in the sphere of labor: no one can be given preferences that are not related to business qualities of the employee. Article 21 of the Labor Code of the Russian Federation says the following: “ The employee has the right to timely and full payment of wagesin accordance with your qualifications, complexity of work, quantity and quality of work performed " Articles 22 and 132 of the Labor Code of the Russian Federation contain the employer’s obligation to provide employees with “ equal pay for work of equal value".

Thus, the employer must provide both fair remuneration for work and individual remuneration based on the employee’s business qualities. But it is quite difficult to accurately evaluate in money an employee’s business qualities and the quality of the work he performs. With quantity, of course, it is easier, but only where it can be calculated in standard units - how many parts were produced, how many hectares of field were plowed, and the like. Where the work is more creative and less standardized, it is much more difficult to assess its quantity, and even more so its quality. How to evaluate the work of a PR manager, marketing analyst, lawyer?

The greatest debate is caused by the situation when wages are fixed and vary among workers for the same positions. The position of the Federal Labor Service on this issue is set out in letter No. 1111-6-1 dated April 27, 2011 and represents the simplest way of an individual approach to assessing the work of specific employees: you need to divide the fixed wage into salary and various kinds of “allowances”.

The Supreme Court also speaks out on this issue in the Determination of the Judicial Collegium for Civil Cases dated October 14, 2005 No. 5-B05-120. The essence of the precedent is that the employer decided to transfer the flight crew to fixed-term individual employment contracts. For those pilots who agreed to enter into fixed-term employment contracts, the rate for flight hours was set higher than for those who refused such contracts. The organization's wage regulations included this distinction. The court states in its ruling: “ Paying plaintiffs less wages for equal work than other workers performing the same work, simply because they did not sign individual employment agreements (contracts) with a limited duration, is a type of discrimination in pay for equal work and violates plaintiffs' constitutional rights", and cancels the judicial acts of lower authorities, which denied the plaintiffs' claim.

The Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated December 22, 2006 No. 5-B06-110 sets out a similar position. Thus, the plaintiff was fired and then reinstated, after which she was given a reduced salary. The court states: “ Giving the plaintiff less pay for equal work than other senior experts in the department who had the same salary before her dismissal and performing the same work, only because she was subject to dismissal due to staff reduction, is one of the types of discrimination in pay for equal work. labor violates the plaintiff’s constitutional rights" In this regard, the claims were ultimately satisfied.

Justification for the difference in wages

Let's look at specific examples to see what ways there are to justify differences in wages.

1. Employees are in the same positions, have equal qualifications, they have the same responsibilities, but their business qualities are different, therefore the salaries and salary bonuses are different.

Typically, in such a situation, which occurs quite often, employers do not go into the subtleties of the differences between employees and set the same fixed salary. In addition, a more efficient employee can always be rewarded with a bonus.

A more difficult way is to carefully analyze and compare the business qualities of employees, which will make it possible to consolidate this difference in the form of a fixed payment, without issuing orders each time to award bonuses to the most productive employees.

To do this, the company can use a system of position levels, classes, grades, etc., which allows, within one position, to classify employees according to certain criteria: grades, classes, ratings, assessments. This is permissible under labor legislation, since it is a remuneration system in accordance with Article 135 of the Labor Code of the Russian Federation. Employees are classified according to their business qualities, including through certification. An example of this approach is contained in Decision of the Isakogorsky District Court of the city of Arkhangelsk dated May 28, 2012 in case No. 2-169/2012.

The plaintiff and his colleague were 8th grade electricians, performed the same job duties, and their salaries were different. According to the plaintiff, this was a violation and discrimination, and therefore he demanded payment of the difference between his salary and the salary of his colleague. However, different salaries for the two electricians were set for a reason. The company introduced a new remuneration system, and therefore adopted a methodology for establishing official salaries. The methodology provided for a point assessment of the business qualities of employees, carried out by a special commission based on developed criteria. The business qualities of electricians were assessed according to three criteria: length of service in the position, professional knowledge and skills, and quality of performance of official duties. According to these criteria, the plaintiff scored lower than his colleague, who had longer experience and performed his work better. Since the plaintiff considered the commission’s assessment of his business qualities to be biased, the court questioned witnesses who interacted with both employees. Witnesses confirmed that although both employees perform work of the same complexity, the plaintiff’s colleague performs his work better, has more experience, and employees prefer to contact him more often than the plaintiff.

The court made the following conclusions:

- establishing the official salary is the right of the employer, is determined by the employment contract and depends not only on the qualifications of the employee, but also on the complexity of the work performed, the quantity and quality of labor expended;

- work in the same position does not mean the same volume, complexity and quantity; the employer has the right to individually determine the amount of remuneration;

- the establishment of different salaries was determined by the business qualities of each employee;

- an individual approach to remuneration for each employee complies with current labor legislation and does not constitute discrimination.

Accordingly, the court rejected the plaintiff's claims.

Another example from judicial practice: Ruling of the Irkutsk Regional Court No. 33-5975/12 dated July 24, 2012.

The employee was reinstated by a court decision, and the employer was forced to continue the employment relationship. Based on the results of the certification, the employee was assigned a lower rating than he had previously, and a lower increase was established to the base part of the salary; the salary itself was not increased. The remaining employees received an increase in base salary. At the same time, the job description was the same for all employees in this position. The plaintiff considered these circumstances to be discrimination and went to court. The court rejected the claim, motivating its decision with the same arguments as in the previous judicial act.

Thus, employees can be given different salaries and different bonuses depending on the business qualities of employees working in the same position.

Although this position of the courts does not correspond to that stated in the letter of the Federal Tariff Service dated April 27, 2011 No. 1111-6-1, it is quite justified. Please note that the letter is not mandatory, it is only the opinion of an official of the regulatory body, an alternative position on this issue.

The approach of employers to justifying the difference in salaries is also interesting: careful work was carried out to assess the business qualities of employees based on developed methods. This approach, although it represents an element of corporate bureaucracy, is at the same time a clear and understandable mechanism that makes it possible to equally ensure an individualized approach to remuneration and protect the company in the event of claims by “offended” employees.

2. Employees are in the same position, but have different responsibilities (job descriptions) and different salaries.

This situation represents a simpler option for justifying the difference in fixed salary(s). Here, the employer does not need to evaluate (certify) employees, since differences in job responsibilities imply different business qualities of the employees performing these duties and, accordingly, different remuneration for the work of each employee. Let's look at a couple of examples of how this happens in practice, and how the employer reflects the claims of dissatisfied employees.

So, in The ruling of the Krasnoyarsk Regional Court in case No. 33-6699 dated July 22, 2013 describes the following case.

Two employees had the same positions - senior engineer for operation and optimization of the mobile network, but their salaries were different. When an employee whose salary was lower learned that his colleague was receiving a higher salary in the same position, this was the basis for filing a lawsuit for discrimination and payment of the difference in wages. The court examined the job descriptions of both employees and came to the conclusion that the higher-paid engineer had a broader range of job duties and higher responsibilities. Based on this, the court considered it legitimate to establish a larger salary for an employee with a wider range of duties and greater responsibility.

A similar situation was considered in Appeal ruling of the judicial panel of the Penza Regional Court dated July 17, 2012 No. 33-1679.

One of the three employees holding the position of legal adviser received a salary less than two of his colleagues, which served as the basis for filing a discrimination claim in court. The court examined the job descriptions of the plaintiff and his colleagues, questioned them as witnesses and came to the conclusion that the duties of the plaintiff’s colleagues were more complex and required specific knowledge in various areas of law and a greater degree of responsibility. Accordingly, the claim was denied.

Thus, from the above examples it follows that in order to establish different salaries for employees in the same position, it is necessary that the range of responsibilities of such employees vary in scope and complexity, which must be confirmed by the job description.

3. Employees in the same position and with the same responsibilities are given the same salary, but different allowances.

Perhaps one of the least complicated ways to establish different salaries for employees is to make the same salaries and introduce differentiating bonuses according to certain criteria. This particular case is described in the Appeal ruling of the judicial panel for civil cases of the Moscow City Court dated May 16, 2012 No. 11-5036/2012.

So, two employees worked in the same position - business development manager. One of the employees had a significantly higher salary than the other, which is why the latter initiated a discrimination lawsuit. At the court hearing, it was established that the more highly paid development manager had 10 years of work experience, but the plaintiff did not. At the same time, the staffing table provided for an increase in salary for length of service, and this is what explained the difference in wages. Based on these arguments, the court rejected the plaintiff's claims.

Let us note that this position is most consistent with that set out in the Letter of the Federal Tariff Service dated April 27, 2011 No. 1111-6-1.

So, we have looked at several typical situations for justifying “unequal wages”. As we can see, the courts are quite loyal to employers in this matter. But it should be remembered that this is due to a clear documentary and factual justification for the difference between the fairly assessed business qualities of employees and/or their range of responsibilities. Those companies that find ways to competently and fairly justify such differences, both internally and in litigation, have a high chance of success in the event of claims by aggrieved employees.

We also note that the situation when salaries are unequal may raise questions among the State Labor Inspectorate, which is closer to the position set out in Letter of the Federal Tariff Service dated April 27, 2011 No. 1111-6-1. Accordingly, there is a risk of prosecution under Article 5.27 of the Code of Administrative Offenses of the Russian Federation if this situation is considered by the state labor inspector to be a violation of labor legislation. This, however, does not prevent the employer from defending his position in court by appealing against such a conclusion of the labor inspectorate.

Also, some experts, if there is a system of grades, assessments, and the like, advise establishing different categories of positions within specific grades, for example: leading legal adviser of the first category, leading legal adviser of the second category, and the like. Accordingly, these are already separate positions, and if an employee’s grade changes, transfers must be processed, which creates an additional burden on the HR department.

It should also be noted that the claims of workers are caused by the fact that they do not have a very good idea of what caused the difference in wages. This is due, among other things, to the opacity of the wage setting system: often employees simply do not understand why a colleague is paid more and why the difference in wages is carefully hidden. This creates a feeling of deception and injustice. In this direction, it is necessary to carry out explanatory work with staff, to explain the principles of forming remuneration for work in the company both to all employees and to a specific person who believes that he is financially undervalued. This will help in many cases eliminate brewing conflicts over unequal wages.

Irina Vishnepolskaya, practicing lawyer

[email protected]

The employer has the right:

conclude, amend and terminate employment contracts with employees in the manner and on the terms established by this Code and other federal laws;

conduct collective negotiations and conclude collective agreements;

encourage employees for conscientious, effective work;

require employees to perform their job duties and take care of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees, and to comply with internal labor regulations;

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

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

create associations of employers for the purpose of representing and protecting their interests and join them;

create a production council (with the exception of employers - individuals who are not individual entrepreneurs) - an advisory body formed on a voluntary basis from among the employees of a given employer, who, as a rule, have achievements in work, to prepare proposals for improving production activities and individual production processes , introduction of new equipment and new technologies, increasing labor productivity and qualifications of workers. The powers, composition, and procedure for the activities of the works council and its interaction with the employer are established by local regulations. The powers of the works council cannot include issues the resolution of which, in accordance with federal laws, falls within the exclusive competence of the organization’s management bodies, as well as issues of representation and protection of social and labor rights and interests of workers, the resolution of which, in accordance with this Code and other federal laws, is assigned within the competence of trade unions, relevant primary trade union organizations, and other representatives of workers. The employer is obliged to inform the works council about the results of consideration of proposals received from the works council and about their implementation;

exercise the rights granted to him by legislation on special assessment of working conditions.

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 to perform their job duties;

provide workers with equal pay for work of equal value;

pay the full amount of wages due to employees within the time limits established in accordance with this Code, collective agreement, internal labor regulations, and employment contracts;

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

provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

familiarize 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;

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

carry out compulsory social insurance of employees in the manner established 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 provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and employment contracts.

Comments to Art. 22 Labor Code of the Russian Federation

1. The commented article establishes 7 rights and 16 responsibilities of the employer. The purpose of systematizing the employer’s responsibilities is to ensure the fulfillment of the employee’s rights with which they must correspond. The employer's responsibilities are established to ensure safe conditions and labor protection.

The employer is obliged to provide:

safety of workers during the operation of buildings, structures, equipment, implementation of technological processes, as well as the safety of raw materials used in production;

use of personal and collective protective equipment for workers;

working conditions at each workplace that meet labor safety requirements;

work and rest regime for employees in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;

acquisition at one’s own expense and provision of special clothing, footwear and other personal protective equipment, flushing and neutralizing agents in accordance with established standards to workers engaged in work with harmful or dangerous working conditions, as well as in work performed in special temperature conditions or related with pollution;

training in safe methods and techniques for performing work, instruction on labor protection, internship at workers’ workplaces and testing of their knowledge of labor protection requirements, prohibition from work of persons who have not completed the specified training, instruction, internship and testing of knowledge of labor protection requirements in the established manner;

organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees;

carrying out certification of workplaces according to working conditions with subsequent certification of work on labor protection in the organization;

Carrying out, at our own expense, mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations) of employees, extraordinary medical examinations (examinations) of employees at their request in accordance with medical recommendations while maintaining their place of work ( position) and average earnings at the time of passing the specified medical examinations;

preventing employees from performing their job duties without undergoing mandatory medical examinations, as well as in the case of medical contraindications;

informing workers about labor conditions and safety in the workplace, about the existing risk of damage to health and the compensation and personal protective equipment they are entitled to;

provision of state labor protection authorities, state supervision and control bodies over compliance with labor protection requirements with information and documents necessary for them to exercise their powers;

taking measures to prevent emergency situations, preserve the life and health of workers in the event of such situations, including providing first aid to victims;

investigation in accordance with the procedure established by the Government of the Russian Federation for industrial accidents and occupational diseases;

sanitary, medical and preventive services for workers in accordance with labor protection requirements;

unimpeded access to officials of state labor protection authorities, state supervision and control bodies over compliance with labor protection requirements, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of public control bodies in order to check conditions and labor protection in the organization and investigate industrial and professional accidents diseases;

fulfilling the instructions of officials of state supervision and control bodies over compliance with labor protection requirements and considering submissions from public control bodies within the time limits established by law;

compulsory social insurance of workers against industrial accidents and occupational diseases;

familiarization of workers with labor protection requirements.

2. Insurance coverage, in particular, is an old-age pension, a disability pension, a survivor's pension, temporary disability benefits, benefits in connection with work injury and occupational disease (see commentary to Articles 183 and 184 of the Labor Code ).

3. The Federal Law “On Compulsory Pension Insurance in the Russian Federation” establishes that compulsory pension insurance is a system of legal, economic and organizational measures created by the state aimed at compensating citizens for the earnings (payments, rewards in favor of the insured person) received by them before the establishment of compulsory insurance coverage.

Mandatory insurance coverage is the fulfillment by the insurer of its obligations to the insured person upon the occurrence of an insured event through the payment of a labor pension, social benefits for the funeral of deceased pensioners who were not working on the day of death. Such compulsory insurance coverage for compulsory pension insurance is the insurance and funded parts of the old-age labor pension; insurance and funded parts of the labor disability pension; insurance part of the labor pension in case of loss of a breadwinner; social benefit for the funeral of deceased pensioners who were not working on the day of death.

The establishment and payment of compulsory insurance coverage for compulsory pension insurance is carried out in the manner and on the terms set out in Federal Laws of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” and of January 12, 1996 N 8-FZ "On burial and funeral business."

The payment of the basic part of the labor pension is financed from the amounts of the single social tax (contribution) credited to the federal budget, and the payment of the insurance and funded parts of the labor pension is financed from the budget of the Pension Fund of the Russian Federation. In this case, financing of the payment of the funded part of the labor pension is carried out at the expense of the amounts of pension savings accounted for in a special part of the individual personal account of the insured person.

Information about the status of the special part of the individual personal account of the insured person with the Pension Fund of the Russian Federation is reflected in the pension book of the insured person, which is issued to citizens in the manner determined by the Government of the Russian Federation. The insured person independently replenishes the contents of the pension book by including in it annual statements on the status of a special part of the individual personal account of the insured person, received from the Pension Fund of the Russian Federation in the manner established by the legislation of the Russian Federation. At the request of the insured person, the relevant division of the Pension Fund of the Russian Federation is obliged to reconcile the individual personal account of the insured person and the contents of the pension book. Disputes arising during the reconciliation of calculations are resolved in court.

4. According to the Federal Law “On Labor Pensions in the Russian Federation,” a labor pension is a monthly cash payment in order to compensate citizens for wages or other income that the insured persons received before the establishment of their labor pension or lost disabled family members of the insured persons due to the death of these persons, the right to which is determined in accordance with the conditions and norms established by the specified Federal Law.

The following types of labor pensions are established: old-age labor pension; disability labor pension; labor pension in case of loss of a breadwinner.

An old-age labor pension and a labor disability pension may consist of a basic part, an insurance part, and a funded part.

Men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age pension if they have at least 5 years of insurance experience.

The insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation, provided that during these periods insurance contributions were paid to the Pension Fund of the Russian Federation.

In addition, the following are included in the insurance period:

1) the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation of February 12, 1993 N 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families";

2) receiving state social insurance benefits during a period of temporary disability;

3) the period of care of one of the parents for each child until he reaches the age of 1.5 years, but not more than 3 years in total;

4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving in the direction of the state employment service to another area for employment;

6) the period of care provided by an able-bodied person for a group I disabled person, a disabled child or a person who has reached the age of 80 years.

The specified periods are counted into the insurance period if they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) indicated above.

When calculating the insurance period, periods of work and (or) other activities before registering a citizen as an insured person in accordance with Federal Law No. 27-FZ of April 1, 1996 “On individual (personalized) registration in the compulsory pension insurance system” are confirmed by documents issued in the prescribed manner by employers or relevant state (municipal) bodies.

When calculating the insurance period, periods of work and (or) other activities after registering a citizen as an insured person in accordance with the above-mentioned Federal Law are confirmed on the basis of individual (personalized) accounting information.

When calculating the insurance period, periods of work on the territory of the Russian Federation before registering a citizen as an insured person in accordance with the Federal Law “On individual (personalized) registration in the compulsory pension insurance system” can be established on the basis of the testimony of 2 witnesses or more if work documents are lost in connection with a natural disaster (earthquake, flood, hurricane, fire, etc.) and cannot be restored. In some cases, it is possible to establish length of service based on the testimony of 2 or more witnesses in case of loss of documents and for other reasons (due to careless storage, intentional destruction, etc.) not through the fault of the employee.

The rules for calculating and confirming the insurance period, including on the basis of witness testimony, are established in the manner determined by the Government of the Russian Federation.

5. The amount of the basic part of the old-age labor pension is set in the amount of 1,794 rubles. per month (Article 14 of the Federal Law “On Labor Pensions in the Russian Federation”). For persons who have reached the age of 80 years or are disabled people with a III degree limitation in their ability to work, the amount of the basic part of the old-age labor pension is set in the amount of 3,588 rubles. per month.

For persons whose dependent family members are disabled, the amount of the basic part of the old-age labor pension is set at increased levels.

For persons dependent on disabled family members, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is 1 such family member - 2392 rubles. per month;

2) if there are 2 such family members - 2990 rubles. per month;

3) if there are 3 or more such family members - 3588 rubles. per month.

For persons who have reached the age of 80 years or who are disabled, have a third degree limitation in their ability to work, and who are dependent on disabled family members, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is 1 such family member - 4186 rubles. per month;

2) if there are 2 such family members - 4784 rubles. per month;

The size of the basic part of the old-age labor pension for persons living in the regions of the Far North and equivalent areas is increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the area (locality) of residence, for the entire period of residence of the named persons in the specified areas (localities) .

When citizens move to a new place of residence in other regions of the Far North and equivalent areas in which other regional coefficients are established, the size of the basic part of the old-age labor pension is determined taking into account the size of the regional coefficient at the new place of residence.

For persons who have worked for at least 15 calendar years in the regions of the Far North and have an insurance period of at least 25 years for men or at least 20 years for women, the amount of the basic part of the old-age labor pension is set at 2,691 rubles. per month.

Persons who worked both in the regions of the Far North and in areas equivalent to them, when determining the number of calendar years of work in areas of the Far North in order to establish the size of the basic part of the old-age pension for each calendar year of work in areas equivalent to areas of the Far North, counted as 9 months. work in the Far North.

For these persons who have reached the age of 80 years or are disabled people with a third degree limitation in their ability to work, the amount of the basic part of the old-age labor pension is set in the amount of 5382 rubles. per month. If they (with the exception of persons who have reached the age of 80 or are disabled people with a third degree limitation in their ability to work) have dependent family members who are unable to work, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is 1 such family member - 3588 rubles. per month;

2) if there are 2 such family members - 4485 rubles. per month;

3) if there are 3 or more such family members - 5382 rubles. per month.

Upon reaching the age of 80 years or receiving disability - third degree limitation of the ability to work, provided that disabled family members are dependent on them, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is 1 such family member - 6279 rubles. per month;

2) if there are 2 such family members - 7176 rubles. per month;

3) if there are 3 or more such family members - 8073 rubles. per month.

For persons who have worked for at least 20 calendar years in areas equated to the regions of the Far North, and have an insurance period of at least 25 years for men or at least 20 years for women, the amount of the basic part of the old-age labor pension is set in the amount of 2,332 rubles. 20 kopecks per month, and for those who have reached the age of 80 years or are disabled people with a third degree limitation in their ability to work, the amount of the basic part of the old-age labor pension is set in the amount of 4,664 rubles. 40 kopecks per month.

For these persons (with the exception of persons who have reached the age of 80 or are disabled persons with a third degree limitation in their ability to work), who are dependent on disabled members, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is 1 such family member - 3109 rubles. 60 kopecks per month;

2) if there are 2 such family members - 3887 rubles. per month;

3) if there are 3 or more such family members - 4664 rubles. 40 kopecks per month. Upon reaching the age of 80 years or receiving a disability - a limitation of the ability to work of the third degree, the indicated persons whose dependents are disabled family members, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is 1 such family member - 5441 rubles. 80 kop. per month;

2) if there are 2 such family members - 6219 rubles. 20 kopecks per month;

3) if there are 3 or more such family members - 6996 rubles. 60 kopecks per month. The size of the insurance part of the old-age labor pension is determined based on the total amount of insurance contributions and other revenues to the Pension Fund of the Russian Federation for the insured person for the implementation of pension rights in monetary terms acquired before the entry into force of the Federal Law "On individual (personalized) accounting in the mandatory system pension insurance", and the number of months of the expected period for payment of the old-age labor pension, which is 19 years (228 months).

The size of the cumulative part of the old-age labor pension is determined taking into account the amount of pension savings of the insured person, recorded in a special part of his individual personal account as of the day from which he is assigned the cumulative part of the old-age labor pension, and the number of months of the expected period for payment of the old-age labor pension .

A labor pension is assigned from the date of application, but not earlier than from the date the right to a pension arises. The day of application for a labor pension is considered to be the day the body providing pension provision receives the corresponding application with all the necessary documents. If the specified application is sent by mail and all necessary documents are attached to it, then the date of application for a labor pension is considered to be the date indicated on the postmark of the federal postal service organization at the place of departure of this application.

6. An old-age labor pension is assigned before reaching the age specified above to the following persons:

1) men upon reaching the age of 50 years and women upon reaching the age of 45 years, if they have worked for at least 10 years and 7 years 6 months, respectively. in underground work, in work with hazardous working conditions and in hot shops and have an insurance record of at least 20 and 15 years, respectively.

If these persons have worked in the listed jobs for at least 1/2 of the established period and have the required length of insurance service, they are assigned a labor pension with an age reduction of 1 year for each full year of such work - for men and women;

2) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years and 6 months. and 10 years and have an insurance experience of at least 25 and 20 years, respectively.

3) women upon reaching the age of 50 years, if they have worked as tractor drivers in agriculture, other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines for at least 15 years and have an insurance record of at least 20 years ;

4) women upon reaching the age of 50, if they have worked for at least 20 years in the textile industry in work with increased intensity and severity;

5) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years and 6 months. and 10 years as working locomotive crews and workers of certain categories who directly organize transportation and ensure traffic safety on railway transport and the subway, as well as as truck drivers directly in the technological process in mines, open-pit mines, mines or ore quarries for export coal, shale, ore, rock and have an insurance experience of at least 25 and 20 years, respectively;

6) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years and 6 months. and 10 years in expeditions, parties, detachments, on sites and in teams directly on field geological exploration, prospecting, topographic-geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have an insurance experience of at least 25 and 20 years, respectively;

7) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years and 6 months. and 10 years as workers, foremen (including senior ones) directly at logging and timber rafting (including maintenance of machinery and equipment) and have an insurance record of at least 25 and 20 years, respectively;

8) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 20 and 15 years as machine operators (docker-mechanizers) of complex crews for loading and unloading operations in ports and have an insurance record of at least 25 and 20 years;

9) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years and 6 months. and 10 years as a crew member on ships of the sea, river and fishing industry fleets (with the exception of port ships permanently operating in the port waters, service and auxiliary and traveling ships, commuter and intracity ships) and have insurance experience of at least 25 and 20, respectively years;

10) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked as drivers of buses, trolleybuses, trams on regular city passenger routes for at least 20 and 15 years, respectively, and have an insurance record of at least 25 and 20 years, respectively. ;

11) persons directly employed full-time in underground and open-pit mining (including personnel of mine rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines, regardless of age, if they worked in the specified work at least 25 years, and for workers of leading professions (longwall miners, drifters, jackhammer operators, mining machine operators), if they have worked in such work for at least 20 years;

12) men and women who have worked, respectively, for at least 25 and 20 years on ships of the marine fishing industry in the production, processing of fish and seafood, receiving finished products in the fishery (regardless of the nature of the work performed), as well as on certain types of sea vessels , river fleet and fishing industry fleet;

13) men who have worked for at least 25 years and women who have worked for at least 20 years as civil aviation flight personnel, and when leaving flight work for health reasons - men who have worked for at least 20 years and women who have worked for at least 15 years in the specified composition of civil aviation;

14) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in direct control of civil aviation flights for at least 12 years and 6 months, respectively. and 10 years and have an insurance experience of at least 25 and 20 years, respectively;

15) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in engineering and technical personnel in direct maintenance of civil aviation aircraft for at least 20 and 15 years, respectively, and have insurance experience in civil aviation, respectively, for at least 25 and 20 years.

Lists of relevant jobs, industries, professions, positions and specialties, institutions, taking into account which a labor pension is assigned, rules for calculating periods of work and assigning labor pensions, if necessary, are approved by the Government of the Russian Federation.

7. An old-age labor pension is also assigned to the following citizens before reaching the established age:

1) women who gave birth to 5 or more children and raised them until they reached the age of 8 years, as well as mothers of disabled people from childhood, who raised them until they reached the age of 8 years, upon reaching the age of 50 years, if they have at least 15 years of insurance experience ;

2) women who have given birth to 2 or more children, upon reaching the age of 50, if they have an insurance record of at least 20 years and have worked for at least 12 calendar years in the Far North or at least 17 calendar years in equivalent areas;

3) disabled people due to military injury: men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have an insurance period of at least 25 and 20 years, respectively;

4) visually impaired people who have a third degree limitation in their ability to work: men upon reaching the age of 50 years and women upon reaching the age of 40 years, if they have an insurance period of at least 15 and 10 years, respectively;

5) citizens with pituitary dwarfism (midgets) and disproportionate dwarfs: men upon reaching the age of 45 years and women upon reaching the age of 40 years, if they have an insurance period of at least 20 and 15 years, respectively;

6) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked for at least 15 calendar years in the Far North or at least 20 calendar years in equivalent areas and have an insurance record of at least 25 and 20 years, respectively .

For citizens who worked both in the Far North and in equivalent areas, a labor pension is established for 15 calendar years of work in the Far North. Moreover, each calendar year of work in areas equated to the regions of the Far North is counted as 9 months. work in the Far North.

Citizens who have worked in the Far North for at least 7 years and 6 months are awarded a labor pension with an age reduction of 4 months. for each full calendar year of work in these areas;

7) persons who have worked for at least 15 years as rescuers in professional emergency rescue services, professional emergency rescue units of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief and participated in the liquidation of emergency situations, upon reaching the age of 40 years or regardless of age;

8) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they were employed in work with convicted persons as workers and employees of institutions executing criminal penalties in the form of imprisonment, the Ministry of Justice of the Russian Federation for at least 15 and 10 years, respectively, and have insurance experience of at least 25 and 20 years, respectively;

9) men and women upon reaching the age of 50 years, if they have worked for at least 25 years in positions of the State Fire Service (fire protection, fire protection and emergency rescue services) of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief;

10) persons who have carried out teaching activities in state and municipal institutions for children for at least 25 years, regardless of their age;

11) persons who have carried out medical and other activities to protect public health in state and municipal health care institutions for at least 25 years in rural areas and urban-type settlements and for at least 30 years in cities, rural areas and urban-type settlements, or only in cities, regardless of their age;

12) persons who have carried out creative activities on stage in state and municipal theaters or theatrical and entertainment organizations (depending on the nature of such activities) for at least 15 - 30 years and have reached the age of 50 - 55 years or regardless of age;

13) men upon reaching the age of 50 years, women upon reaching the age of 45 years, permanently residing in the regions of the Far North and equivalent areas, who have worked, respectively, for at least 25 and 20 years as reindeer herders, fishermen, and commercial hunters.

8. The amounts of labor pensions established before the entry into force of the Federal Law “On individual (personalized) accounting in the compulsory pension insurance system” according to the norms of the Law of the Russian Federation of November 20, 1990 N 340-1 “On State Pensions in the Russian Federation” (now no longer in force) are recalculated in accordance with the said Federal Law. If, when recalculating the size of the labor pension, its amount does not reach what the pensioner received on the day this Federal Law entered into force, the pensioner is paid a pension in the same, higher amount.

9. In accordance with the Federal Law of December 15, 2001 N 166-FZ “On State Pension Provision in the Russian Federation”, federal civil servants have the right to a pension under the state pension provision; military personnel; participants of the Great Patriotic War; citizens affected by radiation or man-made disasters; disabled citizens.

A long-service pension is awarded to federal government employees and military personnel.

Old-age pensions are awarded to citizens who have suffered as a result of radiation or man-made disasters.

A disability pension is awarded to military personnel, participants in the Great Patriotic War and citizens who suffered as a result of radiation or man-made disasters.

Social pension is assigned to disabled citizens.

In the event of the death of a serviceman, a participant in the Great Patriotic War, or a citizen who suffered as a result of radiation or man-made disasters, members of their families are entitled to a survivor's pension.

Pensions for state pension provision are financed from the federal budget.

Citizens who, before the entry into force of the Federal Law under consideration, received a social pension provided for by the Law of the Russian Federation "On State Pensions in the Russian Federation" for citizens who have reached the age of 65 and 60 years (men and women, respectively), have the right to receive the specified pension in the retained amount of in the same manner instead of the social pension provided for by the said Federal Law.

Labor Code, N 197-FZ | Art. 22 Labor Code of the Russian Federation

Article 22 of the Labor Code of the Russian Federation. Basic rights and obligations of an employer (current version)

The employer has the right:

conclude, amend and terminate employment contracts with employees in the manner and on the terms established by this Code and other federal laws;

conduct collective negotiations and conclude collective agreements;

encourage employees for conscientious, effective work;

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

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

create associations of employers for the purpose of representing and protecting their interests and join them;

exercise the rights granted to him by legislation on special assessment of working conditions.

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 to perform their job duties;

provide workers with equal pay for work of equal value;

pay the full amount of wages due to employees within the time limits established in accordance with this Code, collective agreement, internal labor regulations, and employment contracts;

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

provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

familiarize 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 this Code, other federal laws and the collective agreement;

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

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

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Commentary to Art. 22 Labor Code of the Russian Federation

1. An employment contract is an agreement concluded between two parties: the employee and the employer. Reflecting the bilateral nature of the employment contract, the Code provides not only the basic rights and obligations of the employee, but also the basic rights and obligations of the employer. The Labor Code formulated only the basic labor rights and obligations of the employee.

The commented article enumerates the basic rights of the employer beginning with his right to conclude, amend and terminate employment contracts with employees. This right is exercised in the manner and on the grounds specified in the Code and other federal laws. The general procedure for concluding, amending and terminating an employment contract at the initiative of the employer is provided for in the Code; the specifics of this procedure, as well as additional grounds for terminating an employment contract, are specified in federal laws. Thus, the specifics of concluding an employment contract with citizens entering the state civil service are provided for in the Law on the State Civil Service. It should be taken into account that this Law uses the term “service contract” instead of the concept of “employment contract”. The Education Law specifies the specifics of concluding and terminating an employment contract with employees of an educational organization.

2. Legal equality of the parties when concluding an employment contract also extends to the conduct of collective negotiations and the conclusion of a collective agreement. The employer, like the employees, has the right to make a proposal to begin collective bargaining, and the other party - the employee representatives - is obliged to enter into negotiations within seven days. In practice, in most cases, the initiative to conduct collective bargaining is taken by employee representatives.

The concluded collective agreement is signed by its parties, i.e. representatives of employers and employees. These provisions are summarized by the commented article by including among the fundamental rights of the employer the right to enter into collective bargaining and conclude a collective agreement.

Federal Law No. 95-FZ dated May 7, 2013 expanded the powers of employers. They are given the right (with the exception of employers - individuals who are not individual entrepreneurs) to create works councils. The main goal of works councils is to attract employees who have achievements in their work to more actively participate in the preparation of proposals to improve the efficiency of production activities. By directing employers to create works councils, the legislator simultaneously established the limits of their powers: they do not have the right to represent and protect the interests of workers, which is entrusted to trade unions and other representatives of workers, as well as to resolve issues that are the exclusive competence of the organization’s management bodies, for example, hiring issues, structural reorganization of production.

It is advisable to expand the powers of works councils and give their proposals greater legal force.

3. Article 22 is closely related to Art. 21 TK. With the rights of an employee provided for in Art. 21 of the Labor Code, correspond to the corresponding responsibilities of the employer, enshrined in Art. 22, and vice versa, the employee’s duties correspond to the employer’s rights to demand their fulfillment. Yes, Art. 21 of the Labor Code establishes the employee’s obligation to observe labor discipline, and Art. 22 - the employer’s right to demand that the employee fulfill his job duties. If these duties are fulfilled in good faith, the employer has the right to reward employees, and if labor discipline is violated, to bring them to disciplinary liability.

4. Basic rights and obligations of the employer, formulated in Art. 22, are specified in other regulatory legal acts, as well as in employment contracts. They reflect the expansion of the employer’s powers and increasing his responsibility in a market economy.

The legislator, while reducing the scope of centralized regulation of labor issues, simultaneously expands the contractual nature of establishing working conditions. One of the fundamental rights of the employer is to adopt, within the limits of its powers, local regulatory legal acts on labor, which are binding on employees who have entered into employment contracts with him. This right does not belong only to employers - individuals who enter into employment contracts for personal services and assistance with housekeeping.

5. Of great importance for social partnership, concluding agreements with authorized representatives of employees at the federal, sectoral, regional and territorial levels is the right of the employer to create and join associations of employers for the purpose of representing and protecting their interests.

According to the Law on Associations of Employers, an association of employers has the right:

Form a coordinated position among members of the association of employers on the regulation of social and labor relations and related economic relations and defend it in relations with trade unions and their associations, state authorities, and local governments;

Coordinate with other associations of employers the position of the association of employers on the regulation of social and labor relations and related economic relations;

To defend the legitimate interests and protect the rights of its members in relations with trade unions and their associations, government bodies, and local governments;

Take the initiative to conduct collective bargaining for the preparation, conclusion and amendment of agreements;

Judicial practice under Article 22 of the Labor Code of the Russian Federation:

Decision of the Supreme Court: Determination N 53-КГ16-17, Judicial Collegium for Civil Cases, cassation
Since the acquisition of an occupational disease is in a direct cause-and-effect relationship with the defendant’s violation of his duties to create safe working conditions provided for in Articles 22, 212 of the Labor Code of the Russian Federation, according to V.V. Lyashenko, he has the right to receive compensation for moral damage caused by an occupational disease in production, on the basis of Articles 2, 22, 212 and 237 of the Labor Code of the Russian Federation, as well as Articles 151, 1064, 1079 and 1100 of the Civil Code of the Russian Federation in the amount of 1,500,000 rubles. and expenses for legal assistance in the amount of 16,200 rubles. The defendant's representative did not admit the claim in court...
Decision of the Supreme Court: Determination N 53-КГ16-18, Judicial Collegium for Civil Cases, cassation
Since the acquisition of an occupational disease is in a direct cause-and-effect relationship with the defendant’s violation of his duties to create safe working conditions provided for in Articles 22, 212 of the Labor Code of the Russian Federation, according to M. Koshelev, he has the right to receive compensation for moral damage caused by an occupational disease at work , based on Articles 2, 22, 212 and 237 of the Labor Code of the Russian Federation, as well as Articles 151, 1064, 1079 and 1100 of the Civil Code of the Russian Federation in the amount of 1,500,000 rubles. and expenses for legal assistance in the amount of 16,200 rubles. The defendant's representative did not admit the claim in court...
Decision of the Supreme Court: Determination N 74-КГ17-13, Judicial Collegium for Civil Cases, cassation
According to paragraph two of part 1 of Article 22 of the Labor Code of the Russian Federation, the employer has the right to conclude, amend and terminate employment contracts with employees in the manner and on the terms established by this code and other federal laws...

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The employer has the right:

conclude, amend and terminate employment contracts with employees in the manner and on the terms established by this Code and other federal laws;

conduct collective negotiations and conclude collective agreements;

encourage employees for conscientious, effective work;

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

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

create associations of employers for the purpose of representing and protecting their interests and join them;

exercise the rights granted to him by legislation on special assessment of working conditions.

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 to perform their job duties;

provide workers with equal pay for work of equal value;

pay the full amount of wages due to employees within the time limits established in accordance with this Code, collective agreement, internal labor regulations, and employment contracts;

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

provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

familiarize 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 this Code, other federal laws and the collective agreement;

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

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

Commentary to Art. 22 Labor Code of the Russian Federation

1. Since an employment contract is always a bilateral agreement, the Labor Code establishes not only the labor rights and responsibilities of the employee, but also the corresponding responsibilities and rights of the employer in the field of labor.

2. The Labor Code of the Russian Federation did not have a separate article specifically devoted to the rights and obligations of the employer in the field of labor. Some of these rights and obligations were formulated in various articles of the Labor Code of the Russian Federation, but these rights and obligations were not collected together, as in the Labor Code.

3. In Art. 22 of the Labor Code names seven groups of employers' rights.

4. One of the main rights of the employer is to adopt local regulations containing labor law norms (see), to be a party to social partnership at its various levels (see commentary to Section II of the Labor Code).

5. The employer’s right to conclude, amend and terminate employment contracts with employees is reflected both in the Labor Code (see commentary to the relevant articles) and in other laws (for example, in relation to teaching staff - in the Law of the Russian Federation “On Education” // SZ RF. 1996. N 3. Art. 150).

6. The employer has the right to apply a wide variety of types of incentives to distinguished employees (see), and, if necessary, bring employees to disciplinary and financial liability in the manner established by the Labor Code and other laws (see commentary to Section VIII, Chapter 39 of the Labor Code) .

7. Along with rights, the employer also has certain responsibilities that correspond to the rights of the employee.

8. One of the main responsibilities of the employer is compliance with laws and other regulations containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts (see commentary on the relevant articles of the Labor Code).

9. In case of failure to fulfill his duties, the employer must promptly comply with the instructions of state supervisory and control bodies to eliminate identified violations and pay fines imposed for such violations (see).

10. The employer is also obliged to compensate for damage (including moral) caused by his unlawful actions or inaction to employees in connection with the performance of their labor duties (see -).

11. The list of employer responsibilities given in Art. 22 of the Labor Code is not exhaustive: the employer is obliged to fulfill other obligations provided for by the Labor Code, laws and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations and employment contracts.

Second commentary to Article 22 of the Labor Code

1. Since an employment contract is a bilateral agreement, the legislator establishes the basic rights and obligations of not only the employee, but also the employer.

In the commented article. 22 of the Labor Code of the Russian Federation formulates seven groups of employer rights.

One of the fundamental rights of an employer is the right to conclude, amend and terminate employment contracts with employees in accordance with this Code and other federal laws.

The Code provides for a general procedure for concluding (see -), changing (see -) and terminating (see -) an employment contract at the initiative of the employer (see the listed articles of the Code and comments to them).

The legislator provides for the specifics of concluding an employment contract when entering the state civil service.

3. The employer has the right to demand from employees the conscientious performance of their labor duties, compliance with the organization’s internal labor regulations, careful handling of the employer’s property, including the property of third parties owned by the employer, if the employer is responsible for the safety of this property, and other employees, compliance with internal labor regulations.

The employer has the right to reward employees who conscientiously perform their job duties, and to bring violators of labor discipline to disciplinary and financial liability.

4. One of the important rights of an employer is to adopt local regulations within its competence. They are mandatory for employees of the organization. For example, internal labor regulations, regulations on bonuses, etc. Employers who are individuals who are not individual entrepreneurs do not have this right.

5. Fundamental rights include the right to create associations of employers for the purpose of representing and protecting their interests and to join them. There is a wide range of employer rights here. For example, conducting collective negotiations regarding the preparation and implementation of laws and other normative legal acts, monitoring the progress of implementation of collective contracts and agreements, assisting in the resolution of collective labor disputes, etc.

6. In addition to rights, the commented article 22 of the Labor Code of Russia assigns a set of certain responsibilities to the employer.

In accordance with Part 2 of Art. 22 of the Code, the employer is obliged to comply with labor legislation, other regulatory legal acts, agreements, collective agreements, agreements, employment contracts, provide all employees with work stipulated by the employment contract, promptly comply with all instructions of state supervisory and control bodies, pay fines imposed for violations of laws, other regulatory legal acts containing labor law norms.

The employer is obliged to consider submissions from the relevant trade union bodies and other representatives elected by employees about identified violations of laws and other acts containing labor legislation, take measures to eliminate them and be sure to report the measures taken to the relevant bodies and representatives.

The employer is obliged to familiarize the employee, upon signature, with the adopted local regulations directly related to his work activity.

It is also important to point out that the employer is obliged to create conditions that ensure the participation of employees in the management of the organization.

In addition, in order for employees to perform their job duties, the employer is obliged to provide them with necessary household items.

7. It should be noted that the employer is obliged to provide employees with equal pay for work of equal value. The establishment of such an obligation ensures the creation, first of all, of a fair remuneration system. This principle is consistent with international wage standards.

The employer is obliged to pay employees wages within the terms established by this Code, collective agreements, internal regulations and the employment contract.

8. The employer is obliged to compensate for damage caused to the employee in connection with the performance of his job duties, as well as to compensate for moral damage caused to the employee by the unlawful action or inaction of the employer (see Art.

New edition of Art. 22 Labor Code of the Russian Federation

The employer has the right:

conclude, amend and terminate employment contracts with employees in the manner and on the terms established by this Code and other federal laws;

conduct collective negotiations and conclude collective agreements;

encourage employees for conscientious, effective work;

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

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

create associations of employers for the purpose of representing and protecting their interests and join them;

exercise the rights granted to him by legislation on special assessment of working conditions.

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 to perform their job duties;

provide workers with equal pay for work of equal value;

pay the full amount of wages due to employees within the time limits established in accordance with this Code, collective agreement, internal labor regulations, and employment contracts;

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

provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

familiarize 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 this Code, other federal laws and the collective agreement;

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

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

Commentary on Article 22 of the Labor Code of the Russian Federation

While Article 21 of the Labor Code of the Russian Federation has remained practically unchanged for a long time, Article 22 of the Labor Code has undergone noticeable adjustments by Federal Law No. 90-FZ.

In accordance with the current version of this article, the employer is given the right to demand that employees take care not only of the employer’s property, but also of the property of third parties that is in the employer’s custody (in use). In addition, the employer is required to familiarize employees, against signature, with the adopted local regulations directly related to their work activities.

Another comment on Art. 22 of the Labor Code of the Russian Federation

1. The employer, as a subject of labor and directly related legal relations, acts in them as a bearer of certain rights and obligations, which, like the rights and obligations of an employee, are of a statutory and contractual nature. Statutory list of the rights and obligations of the employer, fixed in the text of Art. 22, is imperative in nature, the purpose of which is to establish the general boundaries of the organizational and managerial power of the employer over its employees. Within the limits of this power, the employer, as a subject of relations in the organization of labor and labor management, is granted the rights:

a) encourage employees for conscientious, effective work (see Article 191 of the Labor Code of the Russian Federation and commentary thereto);

b) require employees to perform their job duties and take care of their property and the property of other employees;

c) bring employees to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws (see Article 193 of the Labor Code of the Russian Federation and the commentary thereto);

d) adopt local regulations (see Article 8 of the Labor Code of the Russian Federation and commentary thereto).

As a subject of employment relations and labor relations, the employer is granted the rights to conclude, amend and terminate employment contracts with employees in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws. It should be noted that these rights of the employer do not provide him with freedom to conclude, amend and terminate employment contracts with employees. On the contrary, the legislation actually limits this freedom, in particular, by establishing prohibitions for the employer to unreasonably refuse an employed person to conclude an employment contract (see Article 64 of the Labor Code of the Russian Federation and the commentary thereto) and requiring the employee to perform work not stipulated by the employment contract ( see Article 60 of the Labor Code of the Russian Federation and commentary thereto). In addition, a transfer to another permanent job can be carried out by the employer only with the consent of the employee (see Article 72 of the Labor Code of the Russian Federation and the commentary thereto), and termination of an employment contract with an employee at the initiative of the employer can only take place on the grounds provided for by law ().

As a subject of social partnership relations, the employer is given the right to conduct collective negotiations and conclude collective agreements, and to represent and protect their interests, the right to create and join employers’ associations.

The total number of statutory rights granted to the employer is noticeably less than the rights given to the employee (see Article 21 of the Labor Code of the Russian Federation and the commentary thereto). This is explained by the fact that the employer, as a rule, has sufficient economic, organizational and managerial capabilities to independently satisfy its interests in relations with employees and, therefore, does not feel any particular need to formalize its rights through the law. As for workers, they just need a volume of statutory labor rights guaranteed by law, which to a certain extent protects them from the employer’s abuse of its economic, organizational and managerial power.

2. In turn, the list of statutory responsibilities of the employer is wider than the list of responsibilities of the employee. This is explained by the fact that most of the employer’s responsibilities represent the reverse side of the employee’s rights. In this sense, the purpose of the employer’s responsibilities is to provide employees with additional guarantees for the implementation of their statutory rights.

Failure by employers to fulfill their duties entails criminal, administrative, financial and disciplinary liability for them or the persons representing them (see Articles 234 - 237, 419 of the Labor Code of the Russian Federation and commentary thereto).