Features of labor relations briefly. Labor relations and labor relations

Topic No. 5

"Labor relationship"

Topic questions:

1. Concept, features and types of labor relations

Concept and features of legal relations in labor law

Any branch of law regulates, first of all, social relations specific to a particular industry. It is social relations that constitute the subject of the branch of law. The subject of labor law answers the question in what types of social relations regarding labor is regulated by labor law. Since the social organization of labor depends on the economic and political basis of a particular society, therefore, this basis also determines the relations of employers with employees, which are called labor relations. Based on this, the subject of labor law is labor relations in the social organization of labor and other relations directly related to them. These relations constitute a complex that includes nine groups of social relations. Labor relations are decisive in this complex. All others are derived from them or related to them.

In its pure form, the labor relationship does not appear in practical life, since it is already in a form regulated by labor law - in the form of a legal relationship. In life, all nine groups of labor social relations have their own specific sides (subjects), endowed with labor legislation with rights and responsibilities and content peculiar to each.

Labor relations are relationships based on an agreement between an employee and an employer on the personal performance by an employee for payment of a certain labor function (specialty, qualification, position), subject to compliance with internal labor regulations and the employer providing working conditions provided for by labor legislation, a collective agreement , agreements, employment contracts. Labor relations are a reflection of social production relations and, by their nature, exist objectively regardless of the will of the citizen. However, belonging to these relationships depends on the will of the parties and therefore they arise at the will of both parties and are of a personal volitional nature.

The concept of a legal relationship is one of the basic concepts of the theory of law and is characteristic of all branches of law as a legal connection of subjects of law. Legal relations in the field of labor law - labor and production relations regulated by labor legislation, directly related to them labor relations of workers, i.e. This is a legal connection between subjects of labor law.

The object of legal relations in the field of labor law is material interest in labor, the results of labor activity and various socio-economic benefits that satisfy the employee and the employer, in protective relations - the protection of material interest and socio-economic rights.

Since labor relations are based on a certain form of ownership (state, municipal, joint stock, private, etc.) and various organizational and legal types of organizations (enterprise, institution, etc.), labor relations are divided into generic and specific groups and subgroups: relations in state and municipal enterprises, in private industries (collective or individual), relations in rental industries, etc., relations in organizations with different forms of ownership.

Sometimes the transformation of state-owned enterprises into joint-stock companies or the transfer into private hands leads to a change in the labor relations of the employee with the owner and employer. Labor legislation (Article 75 of the Labor Code of the Russian Federation) establishes that a change in the owner of an organization or its reorganization is not grounds for terminating labor relations. With the consent of the employee, they continue and their termination at the initiative of the employer is possible only after registration of the transfer of ownership of the property to the new owner in the event of a reduction in the number or staff of employees.

Labor law norms regulate only actual social relations regarding labor in production, establishing the legal rights and obligations of their parties.

All relations that constitute the subject of labor law form a unique block of relations regulated primarily in contractual (private law) order.

The second block of the subject of labor law includes relations regulated exclusively in public law or, in other words, in a centralized normative manner. The main specificity of the relations that make up this block is the presence in them as subjects of “agents” of the state, endowed with powers of a control, supervisory or law enforcement nature.

This block includes two groups of relations closely related to labor:

= control and supervisory relations arising between the employer and bodies of general or specialized state supervision over compliance with labor legislation and control over compliance with labor legislation (precede or accompany labor relations);

= procedural relations , developing between the disputing parties and the judicial authorities when resolving individual labor disputes (they accompany labor relations or arise from them).

In connection with the transition to new forms of management and market relations, two types of relations began to appear more in the economy:

~ relations under an employment contract;

~ labor relations into which the owners of the property of a joint-stock company (or other type of collective form) enter into to participate in the labor process in this joint-stock company.

Differences in the legal status of these relations are associated with the procedure for entering into them, changing them and terminating them, and with the distribution of income.

In the case when an employee is also a shareholder (co-owner of the organization’s property), he has a dual status: labor and civil law (when distributing profits and bearing financial responsibility for possible losses of the organization).

Labor legal relations are quite closely related to legal relations in the field of civil law related to labor. They should not be mixed:

» in labor law, an employee is included in the workforce, but in civil law this does not happen and is individualized in nature;

» the subject of the labor legal relationship is the labor process for a certain labor function in the general organization of labor, and in civil law the subject is the material result of labor (book, painting, etc.);

»subordination to labor regulations is inherent only in labor relations, which is not the case in civil law;

“In labor law, the organization and labor protection of an employee is the responsibility of the employer; in civil law, this rests with the citizen himself.

In contrast to related relations, which are also associated with the implementation of people’s mental and physical abilities, labor relations are characterized by the following specific features:

a) the subject of the relationship - the performer of the work - is included in the team of the enterprise (organization) and through personal labor participates in the implementation of the tasks facing the other subject of the relationship. Such inclusion is usually accompanied by the enrollment of the employee on the staff or payroll of the organization (enterprise) for permanent, fixed-term, temporary or seasonal work. To characterize the labor relationship, the fact of the employee’s direct participation in joint labor activity is important;

b) the content of labor relations is reduced to the performance by an employee of a certain type of work in accordance with his specialty, qualifications, position within the labor cooperative, and not an individual specific task. The labor function usually corresponds to a certain type of activity in the structure of the organization (enterprise), is not limited to individual production operations and does not end with the manufacture of the final product. The employment relationship is a continuing relationship. Therefore, in necessary cases caused by the needs of production or the interests of the employee, it is possible to transfer him to another job (permanent or temporary);

c) the work is performed under a certain working regime. These relationships take place under the conditions of internal labor regulations with the employee’s subordination to the regulated conditions of joint activities. Subordination of subjects to the requirements of labor organization is a necessary element of labor relations.

d) the inclusion of an employee in the organization’s team is mediated by a legal fact (employment contract, act of election to a position, etc.).

These characteristics of labor relations make it possible to distinguish them from other related relations in the field of employment, for example, those arising on the basis of individual civil law contracts (contract, assignment, author's agreement, etc.).

Currently, in connection with the transition to a market organization of the economy, with the development of the labor market (labor market), labor relations, which, as is known, arise from an employment contract, are often, for various reasons, given the form of civil relations arising on the basis of a personal contract contract

In this regard, it is necessary to know that, according to Article 11 of the Labor Code of the Russian Federation, in cases where it is established in court that a civil contract actually regulates labor relations between an employee and an employer, the provisions of labor legislation are applied to such relations.

Labor relations arising from membership in organizations (or on the basis of participation in them), to the extent that they do not contradict laws and other regulatory legal acts on labor, are also regulated by laws on the activities of these organizations and their constituent documents. For example, many employees of former state-owned enterprises, after privatization, became not only employees of various joint-stock companies, but also working shareholders of these companies. Therefore, they are still subject to labor laws, labor rights and guarantees. Such shareholders are considered to be working in a given joint-stock company under an employment contract, but they, having shares, acquired a second legal status (i.e. legal status) under civil law as the owners of this company.

Types of legal relations in labor law

The main legal relationship in labor law is the actual labor relationship between the employee and the employer. An employment relationship is a voluntary legal relationship between an employee and an employer, for the employee to perform a specific labor function for a certain fee in accordance with internal labor regulations, while the employer provides the necessary working conditions and remuneration provided for by labor legislation. From the given characteristics of the labor legal relationship it is clear that it is always bilateral between two entities - the employee and the employer, arising on the basis of an employment contract.

In all forms of organizations (enterprises, institutions) provided for by the Civil Code of the Russian Federation, except private ones, without hired labor, there are social-labor relations that are subject to regulation by labor law. Different forms of organizations associated with different forms of ownership lead to different employment relationships, which in turn give rise to different types of employment contracts.

Labor legislation (Article 1 of the Labor Code of the Russian Federation) nine groups of labor relations:

♦ legal relations (previous nature);

♦ labor relations employee and employer;

♦ legal relations between the collective of employees and the employer and its administration on labor organization and management;

♦ relations of the trade union body at the workplace or other body authorized by employees with the employer on improving working conditions and protecting workers' rights;

♦ legal relations for supervision and control for compliance with labor legislation and labor protection.

♦ social partnership relations between representatives of workers, employers and executive authorities at the federal, sectoral, regional (subjects of the Russian Federation), territorial and other levels on negotiating and concluding agreements on social and labor relations, working conditions and remuneration.

♦ relationships , retraining and advanced training directly from this employer.

♦ related relationships employers and employees in a work environment that is protective in nature.

♦ relations by permission labor disputes.

The main labor relationship may be preceded by accompanying relations 3-7, which are organizational and managerial character. Relations related to financial responsibility, supervision and control and the resolution of labor disputes are by their nature protective.

All of the listed legal relations are of the labor nature of the legal connection of their subjects and arise on the basis of their free will. Differences between types of legal relations in the sphere of labor occur according to subjects, objects, content, grounds for emergence and termination.

Types of labor relations are distinguished depending on:

Forms of ownership of means of labor,

The order of distribution of profits or products of labor,

From the legal form of the enterprise

type of employment contract.

They can be urgent And unlimited, have a certain character. There are as many types of employment contracts as there are types of labor relations.

The relations that arise between an employee and an employer regarding the use of hired labor are called labor relations, and taking into account the subject composition - individual labor relations, and form the core of the subject of labor law.

In addition to them, labor law norms regulate a complex of relations closely related to labor, which by time of occurrence are divided into three groups:

> relations preceding labor relations;

> labor relations;

> relations arising from labor relations.

However, all relationships are independent, although outwardly they may look dependent.

The independence of each type of employment relationship can be traced according to three criteria:

1) by subject: collective have their own subjects, and individual - their;

2) by content legal relations: student legal relationship presupposes rights and obligations aimed at training the student-worker, collective the legal relationship can be aimed at creating favorable working conditions for the collective of workers of a given enterprise.

3) by subject: V individual in labor relations, the subject is always the labor process employee, in collective – organizational and management issues in relation to enterprise and labor.

In some types of legal relations, their participants may coincide, but in all legal relations there is always an employer represented by the administration or a representative, as well as a citizen-employee.

Among the legal relations in labor law, two specific legal relations stand out: student's and about work at the same time, which arise on the basis of their corresponding employment contracts. Their specificity lies in the fact that part-time work, along with the main employment relationship, creates a triple employment relationship that exists simultaneously. The student legal relationship is additional to the main one.

According to their subject composition, all closely related labor relations can be differentiated into two groups:

Individual relationships;

Collective relations.

To the group individual labor-related relations, in particular, include: employment relations arising between a job seeker and a private recruitment agency or public employment service (precedes labor relations); relations regarding the professional training of a job seeker directly with the employer (also precede labor relations); relations regarding the professional retraining of an employee of a specific organization directly from the employer, as well as relations regarding the financial liability of the parties to the employment contract (accompanying labor); relations between the state employment service authorities and a person who has temporarily lost his job and earnings regarding the receipt of certain support measures (arising from labor), etc.

Collective Relations that can only exist as relations accompanying labor relations, depending on their nature, are divided into two types:

1) organizational and managerial relations;

2) relations for the settlement of collective labor disputes.

Thus, in addition to the labor relations themselves ( labor Relations employee and employer) Article 1 of the Labor Code of the Russian Federation defines eight more groups of relations directly related to labor or preceding, or accompanying, or replacing them, which are also subject to regulation of labor law. These include:

a) relationships to promote employment and employment(previous character):

≈ a citizen with a state employment service agency or other employment agency to search for work and refer it to it;
≈ the relationship of a citizen with an employer regarding employment in the direction of the employment agency;
≈ between the employer and the employment service authority.

b) organizational and managerial relations of the collective of workers with the employer and its administration:

1) relations developing between employers (employer representatives) and employees (employee representatives) regarding the conclusion, execution and monitoring of the implementation of a collective agreement or agreement;

2) relations that arise between the employer and the collective of workers in the course of the employer’s exercise of its powers in the field of local lawmaking and law enforcement, in the case where its addressee is the entire collective of workers or any part of it;

3) the relationship that develops between a collective of workers and the employer when the collective exercises its powers both independently and through elected representative bodies.

c) organizational and managerial relations trade union body at the workplace or other body authorized by workers with employers, its administration on issues of improving working conditions, application of labor law standards, adoption and application of local labor law standards and protection of workers' rights.

d) protective relationship for supervision and control for compliance with labor legislation and labor protection between state labor inspectorates (Federal Labor Inspectorate), specialized inspectorates (Gopromtekhnadzor, State Sanitary and Epidemiological Service, Gosatomnadzor, etc.), trade union bodies on the one hand and the administration (its officials), the employer on the other. These relationships arise simultaneously with the employee’s main employment relationship.

d) social partnership relations between representatives of workers, employers and executive authorities at the federal, sectoral, regional (subjects of the Russian Federation), territorial and other levels on negotiating and concluding agreements on social and labor relations, working conditions and remuneration. The participants in these relations are representatives of the three social partners of workers, employers and executive authorities. For the first time, these relations became the subject of regulation of labor law with the adoption of the Law of the Russian Federation “On Collective Bargains and Agreements” on March 11, 1992.

e) relationships on vocational training, retraining and advanced training directly from this employer. These relationships consist of three types of connections: student, professional development and instructional leadership. The parties in this relationship are: employee-student, trainee and employer. In the same group of relations are relations arising in connection with professional selection, which can arise both before the conclusion of an employment contract, and during the already established employment relationship - after hiring in the process of employment.

Vocational selection can be carried out in different forms: interview with a candidate, testing, medical examination, probation, internship, etc. This group also includes relations regarding the establishment, determination and improvement of qualifications, carried out by special qualification commissions created by the employer.

g) relationships related with financial liability employers and employees in a work environment that is protective in nature. The parties to this relationship are the employee and the employer who have entered into an employment agreement. These relationships are dual in nature: firstly, the relationship of the employer’s responsibility to the employee for causing harm to his health at work, for violation of the employment contract and the employee’s labor rights, etc., secondly, the relationship of the employee’s responsibility to the employer for causing damage to the employer’s property. Relations related to the responsibility of the parties to an employment contract are special relations because they arise only in the event of illegal actions of the parties and the occurrence of harmful consequences.

Permission labor disputes, as a relationship arising between the disputing parties (employee and employer) and bodies authorized to consider individual and collective disputes (court, labor arbitration, labor dispute commission, higher body, conciliation commission, with the participation of a mediator). Labor disputes can arise at the stage preceding the employment relationship, before concluding an employment contract, during the employment relationship, and also arise after the termination of the employment relationship. Labor disputes can be either individual or collective, affecting the interests of the entire team of workers.

2. Elements of the labor relationship

Grounds for labor relations

The basis for the emergence, change and termination of labor relations is the presence of legal facts or their combination, defined by labor legislation. First of all, these are lawful actions of the parties aimed at establishing mutual rights and obligations in connection with the employee’s realization of his ability to work. The legal fact that gives rise to the employment relationship is the employment contract between the employee and the employer, which is the main basis. The main reason may be accompanied by additional reasons, both simple legal facts and their composition. In some cases provided for by law (Article 16 of the Labor Code of the Russian Federation) or the organization’s charter, an employment relationship on the basis of an employment contract may arise as a result of:

~ election (elections) to a position if the employee is expected to perform a certain job function;

~ election by competition to fill a position, if labor legislation or the charter of the organization determines the list of positions to be filled by competition and the procedure for its implementation;

~ appointment to a position or confirmation to a position when this procedure is established by labor legislation or the charter of the organization;

~ referrals to work by bodies authorized by law against the established quota;

~ a court decision that obliges the employer to enter into an employment contract with a specific employee;

~ actual admission to work with the knowledge or on behalf of the employer or his representative without proper execution of an employment contract.

Change or termination of the employment relationship is possible based on legal facts of actions or events. In accordance with labor legislation, actions can be unilateral in nature, the expression of the will of both parties or be agreed upon (transfer to another job, to work in another locality, dismissal at the initiative of the employee (Article 80 of the Labor Code) or the employer, death of the employee (clause 6 of Article 83 Labor Code), temporary transfer to another job due to production needs (Article 74 of the Labor Code), etc.).

Contents of the employment relationship

♦ labor legislation;

♦ employment contract;

♦ collective agreement;

♦ social partnership agreements.

A feature of the content of an employment relationship is the simultaneous presence of rights and obligations on both sides and their compliance (the rights of one side correspond to the obligations of the other). The main place in the content of the labor legal relationship is occupied by the constitutional right of a citizen to work, which is manifested in his right to work at his chosen place of work and labor function and his protection from violation. The leading duty of an employee in an employment relationship is the conscientious performance of the labor function specified in the contract. Labor legislation establishes the immutability of the labor function and prohibits the employer from requiring the employee to perform functions not provided for in the contract and their unilateral change.

The specificity of the labor relationship is the individual and personal nature of the rights and obligations of the parties. Therefore, we can talk about special legal personality, which includes the degree of professional training, the degree of training in special work, and work experience. At the same time, special legal personality must be distinguished from special ability to work, which consists in the ability to perform certain types of work - pilot, loader, driver, etc., which is determined during the professional selection process during a medical examination.

The employee must personally fulfill his work duties and does not have the right to replace himself without the consent of the employer, however, in this case there will be another independent labor agreement between the employer and the new employee.

Summarizing what has been said, we can note the following characteristic for labor relations features:

Property nature (remuneration for work is assumed in the form of wages);

Organizational and labor in nature (joining a work collective and subordinating to internal labor regulations);

Personal character (independence of work of a particular employee);

Regulatory in nature (regulated by labor legislation and individual and collective labor agreements);

Bilateral (between employee and employer);

Continuous (the performance of work duties by the employee is not one-time, but continues during the term of the employment contract).

Subjects of labor law and labor relations

Any legal relationship presupposes the presence of certain participants in this relationship. In labor relations it parties (subjects) are considered to be persons directly related to labor relations, who, due to existing characteristics, can be bearers of subjective legal rights and obligations. Labor Code of the Russian Federation in Art. 20 establishes that the parties to the labor relationship are the employee and the employer.

An individual as a party to an employment relationship

The legal status of a citizen as a subject of labor law differs from the legal status of an employee. The constitutional right to work is recognized for all citizens and is a kind of prerequisite for the emergence of an employment relationship, but not every citizen can become an employee. At the stage of finding a job, theoretically, any citizen can become a subject of labor law relations. The Law of the Russian Federation “On Employment of the Population in the Russian Federation” dated April 19, 1991 does not oblige an able-bodied citizen to work and prohibits forced labor in any form. Therefore, constitutional law, and therefore labor capacity, may not be realized. In this case, the volitional side of the labor relationship is manifested. The general subjective right to work must be manifested externally in order for the citizen to become a participant in the relations of labor law.

The legal status of the subject of labor law includes several elements that are established by law:

» labor legal personality (legal capacity, legal capacity and delictual capacity);

» basic labor rights and obligations;

» general and special legal guarantees of labor rights and obligations;

» liability for violation of duties.

The rights, obligations and their guarantees of each subject of labor law are established by labor legislation by various labor law institutions.

A general mandatory prerequisite for the emergence of an actual employment legal relationship is the presence of legal personality for both the employee and the employer (individual and legal entity). For an individual, the legal personality of an employee presupposes having a certain age, which, according to the general rule of labor law, is 16 years and in exceptional cases upon reaching the age of 14, in cases and in the manner established by labor legislation.

A component element that determines the labor legal personality of an individual is also the state of health, mental state, which is included in legal capacity. A mentally ill citizen under guardianship does not have legal personality at work and cannot be the subject of an employment relationship, since he is not able to be aware of the actions being taken and be responsible for them to the employer.

The legal status of a citizen, in addition to the general one, can be special, which is reflected in certain norms of labor law when regulating the labor of women, adolescents, disabled people, etc. This also includes the presence of special guarantees of the labor rights of individual subjects of labor law.

The legal status of a citizen as an employee appears after the conclusion of an employment contract and depends on the type of this contract. An employee is an individual who has entered into an employment relationship with an employer. The vast majority of workers in enterprises are manual workers, and organizations and institutions are mental workers. Employees as workers are also heterogeneous: engineering and technical. The issue of the legal status and characteristics of the work of employees is considered in more detail by administrative law. The employee may be a Russian citizen or a foreigner. Labor Code of the Russian Federation in Art. 21 defines the general fundamental rights and obligations that all employees have. They are the limits of possible (rights) and proper (obligations) behavior in labor relations with the employer.

The employer as a party to the labor relationship

An employer is an individual or legal entity (organization) that has entered into an employment relationship with an employee. In accordance with federal legislation, the employer in some cases may be another person authorized to enter into an employment contract. Such a person may be a branch of a legal entity. Legal entities as employers can include organizations of any form of ownership: state, municipal, individual (private) and collective (joint stock companies).

The organizational and legal forms of legal entities, the features of their activities and other issues related to their legal status are established in the Civil Code of the Russian Federation. These features and differences of legal entities also explain their differences in their legal personality at work.

The legal personality of the employer is determined both by legislation and by the goals and objectives established by the organization’s charter and is special in nature. However, in order to have labor legal personality, a legal entity must not only be registered in the prescribed manner, but also have a wage fund, a staffing table, can create the necessary working conditions, etc.

In fact, the employer is the owner of the property - the means of labor and means of production, who in most cases exercises his powers through the bodies authorized by him - the manager and the administration, which are his representatives. They are the ones who exercise all the rights and obligations of the employer.

The bearers of labor rights and obligations of the employer can be an individual who is an employer, the head of an organization and bodies of a legal entity or persons authorized by them, in the manner established by law or regulations, constituent documents and local regulations of a legal entity.

The Labor Code of the Russian Federation of 2001 for the first time examined in detail the features of the work of the head of an organization, highlighting the features of its regulation and members of the collegial executive body of the organization in Chapter 43. The Labor Code, while defining the specifics of a manager’s work, takes into account a new set of characteristics that characterizes a manager’s work as role and responsibility, and the specifics of concluding and terminating an employment contract. In this regard, it is necessary to note the peculiarities of the legal status of the administrative manager, appointed from the moment the enterprise is declared bankrupt until it is transferred through competition to independent management.

The basic general rights and obligations of the employer are defined by the Labor Code in Article 22, which are specified in various labor law institutions.

The role and place of trade unions in labor relations

One of the human rights recognized by the International Covenant on Civil and Political Rights (UN - 1966) is the right to form and join trade unions to protect one’s labor interests. Trade unions are the most massive organization of workers to protect their socio-economic and labor rights. In Russia, the first Labor Code of 1918 recognized trade unions as subjects of labor law and secured their rights in the field of labor relations. Currently, according to labor legislation, the subject of labor law are trade union bodies registered in accordance with the law as legal entities. The legal status of trade union bodies in the sphere of labor at this stage differs in many respects from what it was previously. They now no longer have the right to participate in the organization and management of production, as was previously the case, but they have the right to participate in the management of the organization as a representative of the collective of workers. A collective agreement and social partnership agreement may provide for broader competence of the activities of the trade union body in matters of labor and life than is enshrined in legislation. Trade unions, as subjects of labor law, participate in establishing labor and its payment at all levels from the enterprise to the federal level under social partnership agreements.

Subjects of supervision and control in labor relations

The subjects of labor law and labor relations are the Federal Labor Inspectorate and specialized state supervisions.

Federal inspection labor(Chapter 57 of the Labor Code of the Russian Federation) was formed in 1998 in accordance with the 1947 ILO Convention “On Labor Inspection”. It is headed by the Chief State Labor Inspector of the Russian Federation, who is appointed by the President of Russia.

State Sanitary and Epidemiological Service is located within the structure of the Ministry of Health of Russia, operates on the basis of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” dated March 30, 1999 and exercises control and supervision over the sanitary condition of production, workplaces, dormitories, food facilities, as well as compliance with sanitary and hygienic and anti-epidemiological norms and rules by employers.

Federal Mining and Industrial Supervision of Russia(Gosgortekhnadzor), according to a special list of enterprises, production and work, carries out supervision (Article 366) of work associated with increased danger, with the use of subsoil, with work underground, on main pipelines, during mining operations and the use of explosives and hazardous substances, etc. .P.

State Energy Supervision(Gosenergonadzor), in accordance with Article 367 of the Labor Code of the Russian Federation, supervises safety during the maintenance of electrical and heat-using installations. Like other specialized state inspections, it develops rules, instructions, technical conditions and state standards, which are agreed upon with trade union bodies.

State supervision of nuclear and radiation safety(Gosatomnadzor) provides supervision of nuclear and radiation safety in accordance with the provisions of Art. 369 Labor Code of the Russian Federation. It also has the right to bring to administrative responsibility any entities that violate the established rules in this area.

Employment service authorities are also subjects of law and labor relations. The Federal State Employment Service is a unified federal system of bodies and institutions. Employment service bodies are financed from the state budget (for the payment of unemployment benefits, scholarships and other payments to the unemployed. Territorial employment service bodies are not structural divisions of the relevant executive authorities of the constituent entities of the Federation and local governments. Financing of measures to promote employment of the population, including for social support of the unemployed, financed from the budgets of the constituent entities of the Federation and the budgets of municipalities.

Jurisdictional Authorities, considering individual (labor dispute commission, court, etc.) and collective (conciliation commission, mediator and labor arbitration) labor disputes are also subjects of labor law and labor relations.

The subjects of legal relations in the sphere of labor are the parties to these legal relations, and in order to highlight them, it is necessary to consider all types of legal relations separately.

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COURSE WORK

on the topic: “Labor relations”

Introduction

Chapter 1. Concept and types of labor relations

1.1 Concept and characteristics

1.2 Types of labor relations

Chapter 2. Structure of the labor relationship

2.1 Subjects of labor relations

2.2 Object of the labor relationship

2.3 Subjective rights and legal obligations

Chapter 3. Employee and employer, the main subjects of the labor relationship

3.1 Employee as a subject of labor relations

3.2 The employer as a subject of the labor relationship

Chapter 4. Grounds for the emergence, change and termination of the employment relationship

4.1 Grounds for the emergence of an employment relationship

4.2 Grounds for changing the employment relationship

4.3 Grounds for termination of the employment relationship

Conclusion

List of sources used

Introduction

Labor law, as one of the leading branches of Russian law, is subject to regulation, social relations in the most important sphere of life of society - in the sphere of labor. Since labor relations occupy an important place in the life of every modern person, this topic will always be relevant.

“In order for this or that social relationship to take the form of a legal relationship, two conditions are required first of all: firstly, it is necessary that this social relationship is expressed or can be expressed in acts of volitional behavior of people, secondly, it is necessary that it was regulated by the will of the ruling class, elevated to law, i.e. rules of law"

Yes, indeed, the general theory of law connects legal relations with the operation of a rule of law and defines it as a social relationship regulated by a rule of law. Based on this, legal relations in the field of labor law are labor relations regulated by labor legislation and derivative relations closely related to them. All social relations that are the subject of labor law always appear in real life in the form of legal relations in this sphere, i.e. they have already implemented labor legislation.

When writing this work, the goal was to consider the labor relationship in all its aspects. Firstly, the very concept of a legal relationship, its features and types, secondly, the structure of the labor legal relationship, which includes the rights and obligations of the participants in this relationship, thirdly, consideration of the subjects of the labor relationship, separately the employee, separately - the employer, and finally, grounds for the emergence, changes and termination of labor relations.

All types of legal relations of labor law are volitional, i.e. arise at the will of the subjects of labor law. Each legal relationship consists of elements: object, subject, content, basis for emergence and termination. By studying these concepts, we will understand the structure of the employment relationship. And, we will analyze in detail the main subjects of the labor relationship: the employee and the employer. We will also superficially touch on other subjects of labor relations.

In addition to workers and employers, the subjects of legal relations in the sphere of labor can be various participants: employment service bodies in legal relations to ensure employment; state authorities and local governments as social partners in social partnership legal relations, etc.

Any legal relationship in the sphere of labor law arises, changes and ends. In the fourth section we will look at the legal facts, the specific grounds that underlie the emergence, change and termination of labor relations.

It is these problems that my course work is devoted to, in which I will try to most fully reveal such a pressing topic as labor relations.

All of the above once again proves that the topic of my course work is very interesting for careful consideration. And it will be interesting for me, as a future lawyer, and simply a member of our society, to work with her.

labor relationship

Chapter 1. Concept and types of labor relations

1.1 Concept and characteristics

An employment relationship is a social relationship regulated by the norms of labor law, based on an agreement between an employee and an employer on the employee’s personal performance for payment of a labor function (work in a certain specialty, qualification or position), the employee’s subordination to internal regulations while the employer provides working conditions provided for by labor legislation , collective agreement, agreements, employment contract.

This relationship is always two-way. Of course, to fully characterize any legal relationship it is necessary:

a) establish the basis for its occurrence, change and termination

b) determine its subjective composition

c) identify its content and structure

d) show what its object is

All these topics will be reflected in my course work. In this chapter we will consider only the signs and types of labor relations.

Certain types of legal relations are regulated by civil law. The branch of civil law is labor law, which in turn regulates labor relations; they are the subject of labor law. The characteristic features of an employment relationship, which allows us to distinguish it from related legal relationships, are:

1. The personal nature of the rights and obligations of the employee, who is obliged only through his labor to participate in the production or other activities of the employer. There are no such restrictions in civil law, where the contractor has the right to involve other persons in performing the work.

2. The employee is obliged to perform a certain, predetermined labor function (work in a certain specialty, qualification or position), and not a separate individual specific task by a certain deadline. The latter is typical for civil obligations associated with labor activity, the purpose of which is to obtain a specific result (product) of labor, to complete a specific assignment or service by a certain date.

3. The specificity of labor relations also lies in the fact that:

- the performance of the labor function is carried out in conditions of common (cooperative) labor;

- a citizen, as a general rule, is included in the personnel of the organization;

- this necessitates the employee’s subordination to the internal labor regulations established by the employer.

That is, a single and complex labor legal relationship combines both coordination and subordination elements: freedom of labor is combined with subordination to internal regulations. This is impossible in civil law terms, based on the fundamental principles of civil law enshrined in Art. 2 Civil Code of the Russian Federation.

4. The paid nature of the employment relationship is manifested in the employer’s response to the performance of work - in the payment of wages, as a rule, in cash. The peculiarity of the labor legal relationship is that payment is made for live labor expended, carried out by the employee systematically during established working hours, and not for the specific result of materialized (past) labor, the execution of a specific order or service, as in a civil law relationship.

5. The complex nature of the employment relationship presupposes the existence of corresponding rights and obligations for each of the parties. The right of each of the subjects (employee and employer) to terminate this legal relationship without any sanctions in compliance with the procedure provided for by the Labor legislation Chapter 13 of the Labor Code of the Russian Federation.

1.2 Types of labor relations

By exercising their rights and assuming responsibilities when performing certain work, the parties are legally bound, and their actions are limited by the framework of the relevant legal norms, i.e. participants in public relations, acting as a subject of labor law, must comply with the requirements of the current labor legislation, as well as comply with the terms of labor and collective agreements, social partnership agreements.

We already know that labor relations are volitional and arise at the will of the subjects of labor law, including on the basis of actual admission to work with the knowledge or on behalf of the employer or his representative in the case where the employment contract was not properly drawn up.

The objects of labor relations are material interest in the results of labor activity, satisfaction of the economic and social needs of the employee and employer, and protection of the relevant labor rights of the subjects.

This concept of labor relations seems broader; it includes the actual labor relationship between the employee and the employer and other social relations directly related to labor. Each of these legal relations differs in subjects, content, grounds for emergence and termination.

The types of labor relations are determined by the subject of labor law, and among them are:

Legal relations to promote employment and employment;

Labor relations between employee and employer;

Legal relations on labor organization and labor management;

Legal relations regarding professional training, retraining and advanced training of workers;

Legal relations between trade unions and employers to protect the labor rights of workers;

Social partnership legal relations;

Legal relations for supervision and control;

Legal relations regarding the material liability of the parties to the employment contract;

Legal relations for resolving labor disputes;

Legal relations regarding social insurance.

All types of legal relations can be divided into:

Basic (labor relations);

Related and organizational and managerial (on employment, organization and management of labor, relations of trade unions to protect the labor rights of workers, social partnership legal relations, legal relations on training, professional retraining and advanced training of personnel);

Protective legal relations (on supervision and control, financial liability of the parties to an employment contract, resolution of labor disputes, compulsory social insurance).

As we have already said, each of these legal relations differs in subjects, content, grounds for origin and termination. For example, when considering the legal relationship to promote employment and employment, we will see that they arise when citizens are employed and recruited by employers, including with the help of the employment service.

These legal relations, as a rule, precede labor legal relations, but can also follow previous labor relations when workers are released, and also accompany labor relations when, without terminating their legal relations with one employer, the employee is looking for a new job.

Depending on the subjects, legal relations regarding employment and employment arise between:

The employment service body and the citizen (when the latter applies to the employment service with an application for assistance in finding a job and registering the person applying as unemployed);

The employment service body and the employer (from the moment the employer acquires legal capacity until its liquidation);

The employed citizen and the employer (if the employer is provided with a referral from the employment service).

We will see something different when considering organizational and managerial legal relations that contribute to resolving issues related to the organization and remuneration of labor, satisfying the socio-economic interests of both work collectives, industries, regions, and the individual employee.

These legal relations arise between:

The collective of employees and the employer;

The trade union body at work and the employer;

Representatives of social partners at the federal, regional, territorial, sectoral and other levels.

Organizational and managerial legal relations arise for an employee from the moment he joins the workforce. These legal relations are of a continuing nature; they arise both between the collective of workers and between the employer and trade union bodies.

The object of these legal relations are the socio-economic interests (wages, labor protection, etc.) of both an individual employee and a team or industry.

The subjects are representative bodies of workers in a social partnership legal relationship, representatives of employers, and in some cases, executive authorities. Social partnership legal relations arise in connection with the beginning of collective bargaining. They last until the expiration of the relevant agreements.

Chapter 2. Structure of the labor relationship

The question of the structure of the labor legal relationship is of particular interest due to the fact that its interpretation diverges from the generally accepted one in legal theory.

In the theory of law, the prevailing civilistic approach to this problem is. Typically, in legal terms, the following main elements are distinguished: 1) subjects of law, i.e. parties (participants) of the legal relationship; 2) the content of the legal relationship (material - the actual behavior of the subjects and legal - subjective rights and obligations); 3) objects of legal relations.

Labor lawyers do not classify the subjects of the labor relationship as part of its structure. N.G. Aleksandrov noted back in 1948 that it is inappropriate to call the subjects of the labor relationship “elements”. The labor legal relationship arises between the subjects, and not the subjects together with it as one of the elements. In this regard, highlighting the corresponding institution and chapter in the educational literature in the general part of labor law can be considered quite justified. These phenomena should not be explained solely by opportunistic, economic or methodological reasons associated with the formation of a new attitude towards the individual, democracy, and the formation of market economic conditions.

But, despite these differences, in this chapter of our course work, we will consider all three elements of the labor relationship.

From the theory of labor law it follows that the content of the legal relationship, and in particular the labor legal relationship, represents the unity of its properties and connections. Participants in an employment relationship are bound by subjective rights and obligations, a certain combination of which reveals its legal content. It is also customary to define the material content of the labor legal relationship - this is the behavior itself, the activities of the subjects, the actions they perform. That is, the social labor relationship acquires a legal form (becomes a labor legal relationship) after its participants have become subjects of the emerging legal relationship, endowed with subjective rights and responsibilities.

Thus, the interaction of participants in a social labor relationship appears in a legal relationship as the interaction of its subjects, their interconnectedness with subjective rights and obligations, when the right of one (employee) corresponds to the obligation of another (employer). The labor legal relationship consists of a whole complex of labor rights and obligations, that is, it is a complex but unified legal relationship and is of a continuing nature. Its subjects constantly (systematically) exercise their rights and fulfill their obligations, as long as the labor legal relationship exists and the employment contract on the basis of which it arose is in force.

Labor legal relations develop as a result of the influence of labor law norms, and therefore their participants are predetermined (indicated) subjective rights and obligations. In this case, subjective right is understood as a legally protected ability (legal measure) of an authorized person (one subject of the labor relationship) to demand from another - the obligated subject - the performance of certain actions (certain behavior). The subjective legal obligation of a participant in an employment relationship is a legal measure of the proper behavior of the obligated person.

In other words, subjective duty consists of proper behavior consistent with subjective law. Since an employment legal relationship always arises between specific persons on the basis of an agreement reached between them, this legal relationship is defined as a form of specific rights and obligations of its participants. In this sense, the labor legal relationship outlines the framework within which the behavior of its participants can be realized.

2.1 Subjects of labor relations

One of the subjects of the labor relationship is always an individual - a citizen. To enter into labor relations, citizens must have labor legal personality. Unlike civil law, labor law does not know the independent concepts of “legal capacity” and “capacity”. This is explained by the fact that everyone who has the ability to work must carry it out through their personal volitional actions. You cannot perform work duties with the help of other persons. Labor legal personality is a legal category that expresses the ability of citizens to be subjects of labor legal relations, to acquire rights through their actions and to assume responsibilities associated with entering into these legal relations. Such legal personality, as a general rule, arises from the age of 15. But there are also many young people who, studying in general education institutions, educational institutions of primary and secondary vocational education, want to work in their free time from study. This gives them the opportunity not only to have a certain income, but also to better prepare for an independent working life.

Taking into account these factors, it is allowed to hire teenagers from the age of 14. It is necessary that work from this age does not affect the health of adolescents and does not disrupt the learning process. A mandatory condition for hiring a teenager upon reaching the age of fourteen is the consent of the parents, adoptive parents or guardian. It is important to note that the entry into an employment relationship of persons from the age of 15 is accompanied by the establishment of benefits for them in the field of working time. They work less than adult workers. The specific length of working time is differentiated depending on age: for workers aged 16 to 18 years - no more than 36 hours per week, for workers aged 15 to 16 years, as well as students aged 14 to 15 years working during the holidays - no more than 24 hours a week. If students work in their free time from school (not during vacations), then the duration of their working time cannot exceed half of the standard working time established for persons of the corresponding age, i.e. for students from 14 to 16 years old - no more than 12 hours per week, and from 16 to 18 years old - no more than 18 hours per week.

Let us illustrate this point with an example. A 17-year-old college law student works in the court office after classes. His working hours are 18 hours a week. In cases where this student works in court and is on vacation, he is assigned a working week of 36 hours.

A citizen, as a party to an employment legal relationship, has various legal connections with the other party to this legal relationship - a legal entity. In some cases, labor relations arise between two individuals. These include cases when a citizen, as an individual entrepreneur, employs another citizen or when an employment relationship arises regarding the running of a household consumer economy (a labor relationship with a domestic worker, with a car driver, etc.).

Legal entities are recognized as organizations that have separate property in ownership, economic management or operational management and are liable for their obligations with this property, can acquire and exercise property and personal non-property rights in their own name, bear responsibilities, and be a plaintiff and defendant in court.

The legislation provides for various organizational and legal forms of a legal entity. Commercial and non-profit organizations can act as subjects of labor relations. Commercial organizations include business partnerships (full partnership, limited partnership, production cooperative, state and municipal unitary enterprise) and companies (limited or additional liability company, joint stock company).

Non-profit organizations - consumer cooperatives, public or religious organizations (associations), charitable and other foundations, as well as legal entities in other forms provided for by law. All these organizations have labor legal personality to establish labor relations with both employees and citizens - participants in the organizations. The boundaries of labor legal personality are fluid, since all organizations are independent in determining the number of employees and their wages. The exception is budgetary institutions, however, they, based on the wage fund approved by them, can independently determine their number.

2.2 Object of the labor relationship

The object of the employment relationship is the performance of a certain type of work, characterized by a certain specialty, qualification and position.

The characteristics of the object of the labor legal relationship are currently not unambiguous, since in labor legal relations the object is essentially inseparable from their material content (behavior of the obligated, etc.). The beneficial effect delivered by the employee (reading a lecture, etc.) can usually be consumed during the production process. And since in labor law material goods (objects) are practically inseparable from the employee’s labor activity, the characteristic of the material content of labor relations exhausts the question of their object.

The material content of the labor relationship is understood as the actual behavior of its participants (subjects), which is ensured by subjective labor rights and obligations. The factual is always secondary and subordinate to the legal (volitional) content of the labor legal relationship, which is formed by the subjective rights and obligations of their participants. The content of these rights and obligations is expressed in the legal ability, within the boundaries established by law, to act, demand, claim, enjoy benefits, etc. and the responsibility to satisfy the counter-interests and needs of other entities.

Based on the unity of the material and legal (volitional) components, we can say that the subjective rights and obligations of employees included in the content of the labor legal relationship are realized and specified statutory rights and obligations that make up the content of the legal status of employees. These rights and obligations of the subjects of the labor relationship will be discussed in the next section of the work.

2.3 Subjective rights and legal obligations

So, the labor legislation of the Russian Federation provides for the basic (statutory) rights of participants in the labor relationship. In relation to the individual employee, these rights and obligations in accordance with the Constitution of the Russian Federation (Articles 30, 37) are enshrined in general terms in Art. 2 Labor Code of the Russian Federation. Subjective rights and obligations that make up the content of a separate legal relationship represent a specification of these statutory rights and obligations.

At the same time, the rights and obligations of the employer, unlike the employee, have not received such clear and special provisions in a specific article of the Labor Code or other federal law. Certain rights and obligations of the employer are established in many articles of the Labor Code, federal laws, local acts, and may be enshrined in the charters (Regulations) of an organization (legal entity), etc.

Considering that the subjective right of one participant in the labor relationship corresponds to the legal obligation of another, we will indicate here only the obligations of the subjects of the labor relationship.

The employee's responsibilities include the following:

a) performance of a certain labor function, which is stipulated with the employer when concluding an employment contract (Article 15 of the Labor Code). The certainty of the labor function is ensured by Art. 24 of the Labor Code, according to which the administration of the organization does not have the right to require an employee to perform work not stipulated by the employment contract;

b) compliance with labor discipline, submission to internal regulations, established working hours, use of equipment, raw materials, other property of the employer in accordance with the provisions and rules, preservation of this property, compliance with instructions and rules on labor protection, etc.

The main responsibilities of the employer (organization) can be grouped as follows:

a) compliance with the work required by the labor function and, accordingly, ensuring the actual employment of the given employee as a performer of the labor function, as well as the creation of conditions that ensure its productive implementation;

b) ensuring healthy and safe working conditions provided for by labor legislation, collective agreement and agreement of the parties;

d) meeting the social and everyday needs of the employee.

Subjective rights and obligations that make up the content of the labor legal relationship arising on the basis of a legal act - an employment contract, correspond to the terms of this contract. The employment contract, as will be shown below, plays a fundamental role in the legal regulation of labor relations. Like any other, it has its own content - these are the conditions on which the parties reached an agreement. These agreed terms of the employment contract correspond to the content of the employment relationship, its subjective rights and obligations. Thus, the labor legal relationship not only arises on the basis of an employment contract (legal act): this contract determines its content.

However, the employment relationship and the employment contract are not equivalent. The terms of the contract are formed in the process of its conclusion by the parties on the basis of freedom and voluntariness of labor, but should not worsen the position of workers in comparison with the law (Part 1 of Article 15 of the Labor Code). The agreed terms, as it were, determine the scope of the content of the emerging employment relationship. However, an employment contract cannot determine all its contents and all elements. A citizen, on the one hand, and an organization (legal entity) or an individual entrepreneur, on the other, act as private individuals when concluding an employment contract and establishing an employment relationship. It is as private individuals that they act on the basis of each other’s freedom of choice, the freedom to conclude an employment contract and the freedom to determine its conditions (content). At the same time, private individuals cannot fully realize the public law element of the labor relationship through the legal form of an employment contract. This public law element consists in establishing a normative minimum standard of employee labor rights and guarantees, the deterioration of which in an employment contract leads to the invalidity of its individual conditions or the contract as a whole.

Consequently, the labor legal relationship, the content of which is determined by the terms of the employment contract, also carries an independent essence, independent content. The independence of the labor relationship is manifested in the legislative establishment at a minimum level of labor rights and guarantees, which imperatively predetermine a number of conditions of the employment contract.

When concluding an employment contract, the parties do not have the right to reduce the specified level of rights and guarantees (possible changes relate only to its increase), just as they cannot exclude them or change them by others. This is one of the features of labor law, which indicates its social orientation and allows us to characterize the branch of labor law in the Russian legal system as social law.

Note that this is itself based on the disciplinary and directive power of the employer. The employee’s subordination is imperatively “built-in” into the content of the employment relationship, not allowing these individuals to exclude it or replace it with another condition when concluding an employment contract.

Chapter 3. Employee and employer, the main subjects of the labor relationship

3.1 Employee as a subject of labor relations

The labor legal status of a citizen as a subject of labor law is common to all citizens. It clearly reflects the differentiation of legal regulation by labor law. In addition to the general labor status, the subject of labor law may have a special labor status (woman, minor), secured by special norms.

A citizen actually becomes a subject of labor law from the moment he looks for a job, and he acquires the status of an employee from the moment he is hired by a specific organization. To do this, a citizen must have legal personality.

As a general rule, the period of its onset is associated with the achievement of the biological age specified by law - 16 years. According to Art. 63 of the Labor Code of the Russian Federation, in order to prepare young people for industrial work, it is allowed to employ persons studying in general education institutions, educational institutions of primary and secondary vocational education who have reached the age of 14, subject to the following conditions:

1) they can only be accepted to perform light work that does not cause harm to health;

2) to perform work in free time from study, without disrupting the learning process;

3) the consent of parents, adoptive parents or trustees and the guardianship authority is required.

In cases of receiving general education, or continuing to master the basic general education program of general education in a form of study other than full-time, or leaving a general education institution in accordance with federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light labor that does not cause harm to their health.

In cinematography organizations, theaters, theatrical and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, to conclude an employment contract with persons under the age of fourteen to participate in the creation and (or) performance (exhibition) ) works without harming health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed.

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

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

On behalf of individuals who have independent income, who have reached the age of 18, but have been declared legally incompetent by a court, their guardians may enter into employment contracts with employees for the purpose of providing personal services to these individuals and helping them with housekeeping.

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

Legal representatives (parents, guardians, trustees) of individuals acting as employers bear additional responsibility for obligations arising from the employment relationship, including obligations to pay wages.

Special requirements have been established for certain categories of persons. Thus, a foreign citizen must obtain a work permit to work on the territory of the Russian Federation. At the same time, the employer receives permission to attract and use foreign workers.

Only a citizen of the Russian Federation who has reached the age of 18, speaks the state language and meets other requirements established by current legislation has the right to enter the civil service.

The Labor Code does not establish an age limit for entering into an employment relationship; The exception is a certain range of jobs and positions. Thus, according to the Law on the State Civil Service, the age limit for holding a civil service position is 65 years. However, even after reaching this age, you can enter into an employment relationship to perform work where the age limit is not established.

Additionally, when hiring, special labor legal personality is assessed, which is expressed in the degree of professional training, the presence of a certain specialty or qualification.

In some cases, health status may be a special requirement. As a rule, this is associated with performing work using sources of increased danger (drivers, pilots, etc.) or in production that creates an increased danger to the environment (railway, nuclear power plant, etc.).

After concluding an employment contract, a citizen becomes an employee, he has the legal status of an employee, which is expressed in the presence of certain labor relations of rights and obligations.

The basic (statutory) rights of an employee are listed in Art. 37 of the Constitution of the Russian Federation and Art. 21 Labor Code of the Russian Federation:

Conclusion, amendment and termination of an employment contract;

Providing the employee with work stipulated by the employment contract;

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

Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed;

Providing rest, ensured by establishing normal working hours, reduced working hours for certain professions and categories of workers, providing weekly days off, non-working holidays, paid annual leave;

Complete reliable information about working conditions and labor protection requirements in the workplace;

Professional training, retraining and advanced training;

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

Participation in the management of the organization;

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

Protecting your labor rights, freedoms and legitimate interests by all means not prohibited by law;

Resolution of individual and collective labor disputes, including the right to strike;

Compensation for damage caused to him in connection with the performance of his job duties and compensation for moral damage;

Compulsory social insurance in cases provided for by federal laws.

The rights of the employee and their implementation require him to respond - to fulfill the responsibilities that he assumed by concluding an employment contract with the employer. In the most general form, these obligations are formulated in Art. 21 Labor Code of the Russian Federation. These duties are fundamental to the application of the legal norms contained in the chapters of Part II of the Code: in Ch. 22 “Labor rationing”, ch. 30 “Labor discipline”, ch. 34 “Occupational Safety and Health Requirements”, etc. The responsibilities provided for in the Code are specified in laws and other regulatory legal acts, in particular, in personnel regulations and internal labor regulations.

The main responsibilities of the employee include:

Conscientious performance of official duties;

Compliance with labor discipline, internal labor regulations and technological rules and regulations;

Compliance with established labor standards;

Careful attitude towards the property of the employer and other employees;

Compliance with labor protection and occupational safety requirements (safety precautions, industrial sanitation);

Immediate notification to the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property.

The rights and responsibilities of an employee, as a rule, are stipulated in the employment contract, as well as in the job description, safety instructions, internal labor regulations, and other local acts. However, in all cases they are limited to the scope of the labor function performed and cannot go beyond the limits established by the current labor legislation.

The statutory rights and obligations of an employee have legal guarantees, which are the legal means enshrined in labor legislation for the implementation of these rights and obligations, as well as their protection.

3.2 The employer as a subject of the labor relationship

An employer is an individual or legal entity acting as a subject of labor law when entering into an employment relationship with an employee in order to use his labor in his legitimate interests.

The legal status of the employer includes:

1) employer legal personality;

2) basic labor rights and obligations in relation to each employee and the entire workforce.

The legal personality of an employer begins from the moment of registration in the manner prescribed by law, when it acquires the ability to conclude employment contracts. In this case, the necessary conditions will be: the presence of a wage fund, determination of the number and staff of employees and some others.

The basic labor rights of an employer include the rights:

Conclude, amend and terminate an employment contract;

Demand from the employee the conscientious performance of official duties, compliance with internal labor regulations, and careful handling of property;

Encourage employees and hold them to disciplinary and financial liability;

Adopt local regulations.

The employer's main job responsibilities are:

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 labor protection requirements;

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 terms established in accordance with the Labor Code of the Russian Federation, collective agreement, internal labor regulations, employment contracts;

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

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

Introduce employees, upon signature, to the adopted local regulations directly related to their work activities;

Timely comply with the instructions of the federal executive body authorized to carry out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising control and supervision functions 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 on 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 the Labor Code of the Russian Federation, 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 under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations and employment contracts.

In all cases, the employer must strictly comply with the requirements of the current labor legislation, within the framework of which additional responsibilities may be assigned to the employer. For example, a collective agreement may provide for the employer’s obligation to provide additional days for the next vacation, establish salary bonuses for length of service in a particular organization, etc.

Depending on the content and nature of the rights and obligations belonging to the employer, his legal status is determined by the presence of rule-making power (adopting local regulations), administrative power (issuing binding orders regarding the performance of labor duties), disciplinary power (application of incentives, measures disciplinary and financial liability).

On behalf of the employer, the head of the relevant organization and its administration enter into labor relations. For the obligations of employers-institutions financed in whole or in part by the owner (founder), as well as employers of state-owned enterprises, arising from labor relations, the owner (founder) bears additional responsibility in accordance with federal laws and other regulatory legal acts of the Russian Federation.

The head of the organization has his own status: he issues orders and instructions (mandatory for all employees of this enterprise), exercises the right to hire and fire, etc. At the same time, he himself performs labor functions, a contract is concluded with him, which stipulates his rights, duties and responsibilities, the period, procedure and amount of remuneration, grounds for dismissal (including additional ones).

In addition to the previously mentioned rights and obligations, there are also some specific features relating to individual employers.

Employers are individuals registered in the prescribed manner as individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, who have entered into labor relations with employees in order to carry out the specified activities (hereinafter referred to as employers - individual entrepreneurs). Individuals who, in violation of the requirements of federal laws, carry out the specified activities without state registration and (or) licensing, who have entered into labor relations with employees for the purpose of carrying out this activity, are not exempt from fulfilling the duties assigned by the Labor Code to employers - individual entrepreneurs; individuals who enter into employment relationships with employees for the purpose of personal service and assistance with housekeeping.

An individual employer draws up an employment contract with an employee in writing and must:

Register this agreement with the relevant local government authority;

Make insurance premiums and other obligatory payments in the manner and amounts determined by federal laws;

Issue insurance certificates of state pension insurance for people entering work for the first time.

The document confirming the time of work for an individual employer is a written employment contract (Article 309 of the Labor Code of the Russian Federation). An employer - an individual who is not an individual entrepreneur - does not have the right to make entries in the work books of employees, as well as to draw up work books for employees hired for the first time.

Among employers, in addition to legal entities and individuals, another entity is named, endowed in cases established by law with the right to conclude employment contracts. Such a subject could be, for example, a local government body, if this is specified in the federal law.

The Labor Code names legal entities as employers, therefore branches and representative offices cannot be employers. According to Art. 55 of the Civil Code of the Russian Federation, branches and representative offices are not legal entities. They are endowed with property that created them by the legal entity and act on the basis of the provisions approved by it. Their leaders, acting in civil matters, act under the power of attorney of a legal entity.

The head of a branch or representative office may have a power of attorney, giving him the right to hire and dismiss employees, however, in this case, the branch or representative office is not an employer. The employer in relation to the employees of a branch or representative office is a legal entity on whose behalf the head of the branch or representative office exercises the authority to conclude an employment contract and terminate it. If the head of a branch or representative office is not authorized to hire, labor relations with employees of the branch or representative office arise on the basis of an employment contract concluded by the legal entity itself.

Chapter 4. Grounds for the emergence, change and termination of the employment relationship

4.1 Reasons for the emergence of labor

Legal facts that entail the emergence of labor relations are called the grounds for their occurrence. The peculiarity of these facts is that events, offenses, or a single administrative act cannot serve as such. These facts represent legal actions (the expressions of the will of the employee and the manager acting on behalf of the employer) performed in order to establish labor relations.

The labor legal relationship is based on the free expression of its participants, the legal expression of which is an employment contract - a bilateral legal act. An employment contract as a bilateral legal act plays a very important role in the mechanism of legal regulation; it “translates” the norms of labor law to subjects and gives rise to a labor legal relationship.

As a general rule, an employment contract is the basis for the emergence of most labor relations. The legal significance of a specific employment agreement (contract) lies in the fact that it acts as the basis for the existence and development of legal relations regarding the use of workers’ labor. This is expressed as follows. Firstly, an employment contract is the most common basis for the emergence of labor relations between employees and specific enterprises, institutions, and organizations. Secondly, labor relations exist in time due to the concluded employment contract. It is the employment contract that is the legal basis for those mutually dependent actions of its parties, which must be performed by the parties systematically or periodically in order to realize over time their rights and fulfill the obligations assumed. The systematic or periodic exercise of rights and obligations is characteristic of the legal relationship generated by an employment contract as a continuing one, in which the rights and obligations are designed for long-term coordination of the behavior of the parties. Thirdly, an employment contract individualizes the place of work (enterprise, institution, organization with which the employment contract is concluded) and the type of work (specialty, qualification or position) of the worker as a subject of the labor relationship. An employment contract can individualize other conditions of the employment relationship for a given citizen, with the limitation, however, that the terms of the contract that worsen the position of workers in comparison with labor legislation are invalid (Article 5 of the Labor Code).

However, it is necessary to distinguish between the conditions: direct, the content of which is entirely determined by the contracting parties themselves, and derivatives, the content of which is not developed by the contracting parties, but is provided for in laws and other centralized and local regulations (for example, in legislation on working time or in local regulations on bonuses for employees). Such derivative conditions when concluding an employment contract are also accepted for implementation, since by force of law (Article 15 of the Labor Code) they form an integral part of the employment contract and endow its parties with a set of mutual rights and obligations.

A feature of the current definition of an employment contract is that it also includes the concept of a contract. This legislated the dominant concept in the science of Russian labor law, which considers the contract not as an ordinary fixed-term employment contract, but as a special type of employment contract.

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The concept and basic elements of civil legal relations. Characteristics of the structure of civil legal relations. Features of social relations related to the consideration of the grounds for the emergence, change and termination of civil legal relations.

The concept of “labor relations” was first enshrined in the Labor Code of the Russian Federation (Article 15). This concept emphasizes that the labor relationship necessarily arises on the basis of an agreement under which the employee assumes the obligation to perform a labor function for a fee in the interests, under the management and control of the employer, subject to internal labor regulations, and the employer undertakes to provide the necessary working conditions and his payment.

At the same time, it has been established that the conclusion of civil contracts that actually regulate labor relations between an employee and an employer is not allowed - Part 2 of Art. 15 of the Labor Code of the Russian Federation, this norm is developed in other norms, in particular Art. 19.1 Labor Code of the Russian Federation.

It is obvious that the concept of “labor legal relationship” is generally accepted by the legislator (Article 15 of the Labor Code of the Russian Federation), since these concepts are united by the fact that the object of regulation is the conditions and remuneration of the employee - one party to the labor relationship, and the other party is always the employer (individual or legal entity) capable of paying the employee and providing the necessary conditions for his work.

You should pay attention to the following features characterizing the labor relationship: 1) its subjects are always the employee and the employer; 2) this legal relationship is inherent in a whole complex of rights and obligations, i.e. a complex composition of the rights and obligations of its subjects: each of them acts in relation to the other both as an obligated and as an authorized person, and also bears a number of responsibilities; 3) despite the complex composition of rights and obligations, the labor relationship is uniform; the combination of rights and obligations isolated from the labor legal relationship does not confirm the emergence of new types of legal relationships (for example, regarding wages, disciplinary or financial liability), since the general concept of obligation also covers responsibility for one’s actions; 4) The employment relationship is also characterized by its ongoing nature, because the rights and obligations of the subjects are implemented systematically, through the employee’s performance of labor functions and other duties in compliance with the established internal labor regulations and the employer’s response to ensure working conditions and remuneration of the employee.

These features characterize the labor legal relationship, but it is also necessary to distinguish it from related legal relationships in the field of labor activity. Related legal relations include, first of all, civil law relations arising from work contracts, paid services, assignments, author's agreements and other contracts in the field of labor activity.

Such a distinction is possible based on the characteristic features inherent specifically in the labor relationship.

• 1. The personal nature of the rights and obligations of an employee who is obliged to participate through his labor in the production or other activities of the employer, using his ability to work.
• 2. The employee is obliged to perform the labor function stipulated by the employment contract - work according to the position in accordance with the staffing table, by profession, specialty, indicating qualifications; the specific type of work assigned to the employee.
• 3. The employee’s performance of his labor function, carried out in conditions of collective (cooperative) labor, necessitates the employee’s subordination to the internal labor regulations established by the employer, following the orders and instructions of the employer (manager, director, etc.) vested with disciplinary and directive power.
• 4. The paid nature of the employment relationship is manifested in the systematic payment to the employee of the established salary at least twice a month. In this case, payment is made in accordance with the labor expended by the employee during the established working hours.
• 5. An employer who uses the labor of an employee is obliged to create healthy and safe working conditions for him, and to comply with labor legislation, including legislation on labor protection.
• 6. A characteristic feature of an employment relationship is the right of each of the subjects to terminate it without any sanctions, but in compliance with the procedure established by law. In this case, the employer is obliged to notify the employee of dismissal in the prescribed cases, as well as pay severance pay and other compensation.

It should be noted that the concept of labor relations given in Art. 15 of the Labor Code of the Russian Federation, fully complies with the ILO Recommendation “On the individual labor relationship”, adopted by the ILO General Conference at the 95th session on June 15, 2006. This Recommendation recommends that member states, in their legislative and regulatory acts or by other means, provide for the possibility determination of specific features of an individual labor relationship.

These signs of an employment relationship can be used in law enforcement practice, including cases where a civil law contract is concluded between the parties, but during the judicial review process it is established that the civil law contract regulates the labor relationship between the employee and the employer. The Labor Code of the Russian Federation stipulates that the provisions of labor legislation apply to such relations (Part 4, Article 11, 19.1 of the Labor Code of the Russian Federation).

An employment relationship is a legal relationship between an employee and an employer in the process of fulfilling the duties assigned to him by the employee.

An employment relationship is a voluntary legal relationship between an employee and an employer, in which both parties in the production process are subject to internal labor regulations, labor legislation, and collective and individual labor contracts.

The relationships themselves have specific features: they take place in conditions of subordination to the rules of internal labor regulations; the employee, as a rule, is included in the work collective.

Subjects of labor relations

The participants (subjects) of labor relations are employees and employers. The subject of the labor relationship can be a foreigner (both as an employee and as a representative of the employer), and the employer can also be an individual citizen who hires an employee as a housekeeper, personal driver, gardener, etc.

Objects of labor relations

The object of the labor legal relationship is the skills, abilities, and abilities of the employee, which he offers to use to the employer and which are of interest to the employer in the process of labor organized by him. It is for them that the employer is willing to pay wages. In market relations, the price of an employee, like any product, is determined by supply and demand.

Types of labor relations

They depend on the type of relevant relationship and the specific type of employment contract underlying the emergence and existence of this legal relationship. Therefore, in the same production, different types of labor relations are possible, since different types of employment contracts are possible (fixed-term, with an indefinite period, for the duration of seasonal work, part-time work, etc.).

Of these, two specific types of labor relations are distinguished: in connection with part-time work; under a student agreement.

Their specificity is that part-time work creates a second employment relationship for the employee along with his main place of work. And the apprenticeship legal relationship obliges the student, unlike other labor legal relationships, not to work in a specialty or position, but to master a given profession or specialty in production. Then, after passing the qualification exam, the apprenticeship legal relationship is fully transformed into an employment legal relationship for the acquired specialty or profession.

Main features:

1) are based on an agreement between the employee and the employer

2) involve the employee personally performing a labor function for a fee (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work assigned to the employee)

3) are based on the employee’s subordination to internal labor regulations

4) the employer provides the employee with working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract.

The performance of work and services is possible on the basis of not only an employment contract, but also a civil law contract (contractor contract, contract for paid services, contract for research and development work). In this regard, it is important to distinguish between the scope of labor and civil law.

Labor legal relationship is a voluntary legal relationship between an employee and an employer regarding his work, as a result of which the employee undertakes to perform a certain labor function in a specified specialty, qualification, position at a given enterprise with subordination to internal labor regulations, and the employer undertakes to provide work, create the necessary working conditions and pay for labor in accordance with the employee’s labor contribution.

Labor relations arise as a result of the conclusion of an employment contract.

Features of labor relations:

1. These are legal relations regarding the use of labor of citizens, foreign citizens and stateless persons as workers. The subjects (parties) are the employee and the employer.
2. They have a complex composition of rights and responsibilities of subjects, that is, each of the subjects has rights and responsibilities, and bears not one, but several responsibilities. The employer bears responsibility either himself or through his representatives (the head of the organization, his deputies).
3. They cover the entire complex of mutual rights and obligations of subjects, that is, they are a single legal relationship.
4. They are of a continuing nature, that is, the rights and obligations of subjects are realized not by one-time actions, but by systematic or periodic ones.

Signs of labor relations:

1. The rights and responsibilities of an employee are personal in nature, and he is obliged only through his labor to participate in the production or other activities of the enterprise.
2. The employee is obliged to perform a certain predetermined function, that is, work in a certain specialty, qualification or position. Under civil contracts, the employee completes an individually specific task by a certain deadline.
3. The performance of the labor function is carried out in the conditions of general labor, which necessitates the subordination of the subjects of the labor legal relationship to the rules of internal labor regulations, that is, the inclusion of citizens who have concluded an employment contract in the composition of working organizations (work collective).
4. The paid nature of labor relations, which is expressed in the payment of wages. Payment is made for living labor expended, carried out by the employee systematically at a set time, and not for the specific result of materialized labor.
5. Subjects of labor relations have the right to terminate legal relations without sanctions, but in the manner prescribed by labor legislation.

The types of labor relations depend on the relevant labor relations and on the type of labor contract underlying the emergence of this labor relationship.

Employment contract.

An employment contract may differ according to the form of ownership, the organizational and legal form of the enterprise, and the types of employment contracts.

There are two specific employment contracts:

1. Apprenticeship - concluded with a person whose duties do not include performing labor functions, but acquiring knowledge and skills.

2. An employment contract concluded with part-time workers - this employee is in two employment relationships: at the main place of work and at the part-time job.

In order for a person to become an employee, it is necessary to have labor legal personality (the unified ability of individuals to be the subject of labor relations). Includes: legal capacity, legal capacity and tortious capacity (the ability to bear responsibility). It is necessary to have an age criterion and a volitional criterion that comply with the legislation.

The peculiarity of labor law is that a person with limited legal capacity can be a subject of labor law if this disability does not create obstacles to work.

Limitation of labor legal personality may occur in relation to foreign citizens and stateless persons. Labor legal personality is limited by a court verdict that has entered into legal force (deprivation of the right to hold a certain position or engage in certain activities).

Labor legal personality allows a person to acquire the legal status of a subject of labor law - a set of rights and obligations of an individual, secured by the norms of the Labor Code, guarantees of these rights, responsibility for failure to fulfill or improper performance of duties.

Worker - a person who is in an employment relationship with an employer on the basis of an employment contract and directly performs a labor function.

Tenants- legal entities, individuals authorized by law to enter into, amend or terminate an employment contract.

The labor relationship is based on the free will of its participant, the legal expression of which is an employment contract - a bilateral legal act. This is the basis for most employment relationships. In some cases, the conclusion of an employment contract is preceded by a competition or election.

Signs of an employment contract:

• A voluntary agreement of the parties, that is, a mutual expression of will aimed at establishing labor relations between the employee and the employer.
• The main responsibilities of the parties are determined.
• The parties are the employee and the employer, and the employer does not depend on the form of ownership.

By concluding an employment contract, an employee undertakes to perform a certain labor function, that is, to work in one or more professions, specialties or positions, according to qualifications, and also to obey internal labor regulations.

An employee is included in the staff or workforce of an enterprise and acquires the right to participate in the management of this organization. The employer is obliged to organize the employee’s work and ensure healthy and safe working conditions. An employee who has entered into an employment contract is subject to compulsory social insurance.

The necessary conditions:

• Direct - fully included in the employment contract and determined by agreement of the parties.
• Derivatives - provided for by laws, other central and local regulations.

The conditions that are developed by the parties themselves - direct - are divided into several groups:

- mandatory (necessary)- without them, the employment contract is not considered concluded and labor relations cannot arise:

a) information about the employee and employer. Data about the employer includes: information regarding its name and legal form; information reflecting the location of a legal entity or entrepreneur (legal address). Information about the employee: full name; location; passport details and others. This information indicates that the citizen agrees to work for this particular employer;

b) place of work indicating the structural unit in which the employee is hired. Place of work - a specific organization with which an employment contract has been concluded, located in a certain area on the day the employment contract is concluded. The place of work does not cover the entire territory, but the part in which the organization is located, since organizations can create branches in other localities, as a result of which the place of work will not coincide with the location of the enterprise. The location of a legal entity is the locality in which its permanent body is located. The location of the entrepreneur is the locality where he was registered. The place of work should be distinguished from the workplace. Workplace is a place of permanent or temporary residence of an employee in the process of work. This could be a specific workshop, department, equipment;

c) labor function - work in one or more professions, specialties, positions, indicating qualifications in accordance with the employer’s staffing schedule, functions, responsibilities, and job descriptions. The distinction between the concepts of profession and specialty is determined by the division of labor;

d) basic rights and obligations of the employee and the employer;

e) the term of the employment contract. This condition is mandatory only for fixed-term employment contracts. If it is concluded for a certain period, then this must be written down in the employment contract. The Labor Code of the Republic of Belarus establishes the maximum validity period of a fixed-term employment contract - up to 5 years. Employment contracts can be concluded for an indefinite period (permanent work - work that does not imply completion at a certain time due to its nature) and for a specific period: no more than 5 years - a fixed-term employment contract; for the duration of certain work; for the duration of the duties of a temporarily absent employee; for the duration of seasonal work; temporary employment contract;

f) work and rest schedule if it differs from the general rules established by the employer;

g) terms of remuneration, including the size of the tariff rate or official salary of the employee, additional payments, incentives;

- additional– they can be included by agreement of the parties; there is no exhaustive list of these conditions

- optional- optional conditions include, for example, the establishment of a probationary period. An employment contract is concluded with a preliminary test to check the employee’s suitability for the assigned work. Concluded only by agreement of the parties. The provision for preliminary testing must be fixed in the employment contract, otherwise the employment contract is considered ordinary. The period of preliminary testing is no more than 3 months. The test is a one-time trial. The employee has the right to terminate the employment contract, concluded with the condition of preliminary testing, three days before its end at his own request. The employer may also terminate such an agreement on the day the preliminary test period expires. If the employment contract has not been terminated before the expiration of the probationary period, then the employee is considered to have passed the probationary period, and termination of the employment contract will be possible only on general grounds.