The state guarantees freedom of labor and protects the rights of working citizens. Legislatively established legal guarantees, one of which is the registration labor relations. Documenting the rules in the field of permanent work is a way to control the observance of law and order.

Prohibition of informal wage labor commercial enterprises social guarantees and labor protection rules, a special dismissal procedure - such benefits cannot be obtained without securing relationships in the field of employment, so you should know the conditions for legally concluding transactions with an employer.

Working under the labor code, your working hours will not be longer than you agreed upon registration.

Legal aspects of relations in the field of employment

The law (Article No. 15, Russian Labor Code) gives the concept of working relations as an agreement on the performance by an employee in the interests and under the control of the employer of the labor function. They are drawn up with the help of an agreement, the conclusion of which occurs by establishing official, professional, qualifying duties for a particular type of action staffing organizations.

Legal norms (Article No. 56.1, Russian Labor Code) enshrined a ban on borrowing (performed under the control of an individual or legal entity who do not act as employers) labor.

If we are talking about sending a citizen for temporary employment to another organization, then the transfer procedure is regulated by law.

In addition, according to the law (Article No. 60, Russian Labor Code), the employee has the right to refuse to perform duties not provided for by the contract without registration additional features and the corresponding surcharge.

Infringement of the right to employment is prohibited by law:

By refusing employment without specifying the reason for such action.

On the basis of gender, nationality, age limit, place of registration.

Women due to pregnancy.

If the employee was invited by letter to transfer to another company, and thirty days have not passed since his dismissal.

Refusal to draw up a contract at the request of an unhired employee is subject to written registration. A paper with the reasons for non-acceptance is issued within a period not exceeding a week from the date the organization receives such a request. Its content may be challenged in court.

Other ways to formalize working relationships with employees

The legislation of the Russian Federation establishes the mandatory registration of labor relations in accordance with the Russian Labor Code. In principle, it is allowed to attract labor in other ways, but only with certain reservations:

• Formation of cooperation with individual entrepreneurs. This option is beneficial to both parties - the employer does not pay social insurance, the employee makes a profit. These transactions are allowed to formalize the conduct of one-time work, long-term commercial interaction.
• Conclusion of civil law transactions. Businesses can sign contracts, paid provision services with individuals, to attract employees in this way for one-time short-term work (cleaning the sewer, repairing the air conditioner). But if the supervisory authorities establish that the citizens who signed the contract are performing a work function. They will force the employer to enter into a statutory agreement and re-register the relationship with employees. Additionally state Labour Inspectorate has the right to impose an administrative penalty on a firm that does not employ its workers.
• Distant work. At its core, this ordinary relationship employer and employee, drawn up by the relevant contract. This option differs from the usual method of employment only in the location of the employee’s place of work (he works at home) and the way he communicates with the employer (the Internet or telephone is used for this purpose).
• Outsourcing. This way of attracting work force not to be confused with outstaffing. The first option means sending an employee to perform actions in another organization on the basis of a civil contract between commercial enterprises. In this case, a person works in the interests and under the control of the company with which he has an employment contract, but performs his duties outside its location. The second term means the provision of employees in the complete subordination of a third-party organization. In this situation, work duties are performed in the interests of the company, which did not conclude a contract with the employee. This method of employment is recognized by law as agency work and has been prohibited by the Labor Code since May 2014.

Differences in labor relations and civil transactions

The law (Article No. 15, Russian Labor Code) prohibits formalizing actual labor relations with a civil law contract. To protect your interests in employment, knowledge of the differences between labor and civil contracts will be useful.

Target. With official employment, she is performing the duties that are performed in a certain position. They are established by the staffing table and internal local acts of the enterprise. In the case of concluding a transaction for the provision of services or the performance of work, this is the result of the actions of the contractor. The scope of obligations of counterparties in such a design of relationships is already, and is limited by the deadlines, necessary level quality and quantity, payment for the means to achieve the goal (materials). All these aspects are not established by third-party papers, but are prescribed directly in the very text of the civil contract.

Timing. Contracts (if they are not of a temporary nature) do not prescribe a period of validity, and civil law activities are outlined in time and penalties are imposed for delay in fulfilling an obligation.

A responsibility. An employee with official employment receives punishments under the Labor Code (disciplinary sanctions), the severity of which is not measured in monetary terms. The punishment for improper execution of a civil transaction is expressed in a specific amount or percentage of the amount of payment for services.

Salary. The legal registration of labor relations with the enterprise provides for the frequency of payments for labor (wages). Under a civil law transaction, it is not the actions that are paid, but their result.

Social guarantees. In the case of a legal employment procedure, a citizen receives the right to pay in case of missed working days due to illness, paid leave, time off or additional payments for processing. When concluding a transaction for the provision of services, obtaining additional benefits from the state when the contractor does not come. He has the right to demand only payment for the result of his actions by agreement.

In a situation of looking for a new job, it is worth remembering that the registration of labor relations with a work book implies more rights for a citizen and trouble for an employer, so you should carefully consider the provisions for employment established in each particular organization. Contractual regulation of labor relations - the most best option avoid conflicts between employer and employee.

Documents used to consolidate the relationship between the employee and the organization

The law (Article No. 65, Russian Labor Code) establishes a list of papers that are provided by a person when applying to a commercial firm:

• Passport or paper certifying the personal data of a citizen.
• Employment history.
• Document on registration with the FIU.
• Military documentation.
• Papers proving the level of education and qualification knowledge.
• Documents confirming the non-conviction or completion of criminal prosecution (if the activities of the organization do not allow employment of convicted or criminally prosecuted citizens).

The work book and SNILS are not provided for employment for the first time. In this situation, they are drawn up by the employer.

Legislative provisions are allowed to require additional documents if this is required by the conditions of employment in a particular enterprise. It is forbidden to force citizens to provide papers, in the case when such provision is not established by law.

Rules of office work when registering labor relations between an employee and an employer

Legislatively (Article No. 67 of the Russian Labor Code) a written form of a transaction is established aimed at arranging a person for work. An employment contract is drawn up by drawing up two original documents, one is handed over to the employee (on receipt), and the second remains at the enterprise.

If the papers are not signed, the relationship is considered to have arisen if the person is admitted to the actual performance of work duties. In such a situation, paperwork must be completed within three working days. The same period should be met if the relations that were originally formalized by a civil law transaction are recognized as workers.

The concluded contract is considered legal if the following mandatory information is indicated in it (Article No. 57 of the Russian Labor Code):

• Personal information about the employee (name).
• Full name (name, organizational form, location) of the employer.
• Information about the identity document of the future employee or employer-citizen.
• TIN of the enterprise (or individual entrepreneur) hiring a new person.
• Data of the person empowered by the organization to sign employment contracts.
• Name locality and the date of the transaction.
• Place of performance of work duties.
• Labor function (indication of official, professional duties for specific work organization schedule).
• The day from which the citizen starts work.
• The procedure for payment for work (salary, tariff, allowances or surcharges).
• periods of work and rest.
• Terms of additional payment for harmfulness, if the work is considered harmful.
• The nature of the actions (mobile, traveling work).
• Conditions for the equipment of the workplace.
• Regulations on social insurance of employed citizens.

In a situation where the employer, having fulfilled the requirements for formalizing labor relations, did not indicate the required information, this does not entail the nullity of the contract - they simply append the signed document. If there is no indication in the text of the transaction of the conditions for the performance of work duties, they are drawn up in an additional document. In the employment contract, all the features of your specific work process should be spelled out.

In addition to the mandatory points, the text of the contract, at the request of the employer, includes the following information:

• Specify the place of work.
• Determining whether an employee passes a test or receives a recommendation from a past employer.
• Establishing obligations for non-disclosure of commercial or state secrets.
• Contributing the obligation of the employee to work in the company for a certain number of years after his studies.
• Aimed at improving the social conditions of the employee and his family.
• Supplementary requirements for social and pension insurance.

By agreement of the parties, those clauses on the rights and obligations of employees and employers that are enshrined in laws, by-laws and local legal acts. Their non-inclusion in the transaction contract is not perceived as a refusal to implement or perform.

Filing an application for a position

After signing the contract, specifying all the requirements, an order or instruction is issued on the admission of a person to a position. It is issued to a citizen within a period not exceeding three days that have passed since the signing of the contract. In addition, the employee, upon employment, against receipt, familiarizes himself with the internal regulations and discipline in the organization.

The contract comes into force after its signing. The employee begins the performance of work duties from the moment specified in the contract. If the time is not documented, the employee takes action with next day after applying for a job.

Cancellation of the contract

In a situation where a citizen did not begin to fulfill obligations within a specified period, the management of the organization has the right to cancel the contract, and then it is recognized as not concluded. Cancellation of the contract does not deprive the employee of the right to social benefits if an insured event occurred during its operation at work.

If you have any difficulties in formalizing relations with the enterprise, or you have been illegally denied employment, contacting the site is a way to safely resolve any problems.

Portal employees are competent lawyers who are ready to help citizens and legal entities.

With legal advice, you will learn:

How to protect rights when changing activities.

Properly apply for a new job.

Avoid violating laws and office work rules in employment.

Correctly register a new employee in your company.

Legal support will allow you to protect your property interests in the event of a change in activity or an employee’s unwillingness to fulfill their obligations. We will draw up a pre-trial claim, a complaint to the labor inspectorate, a statement of claim to the court.

Posted On 06/23/2018

Labor relations in Russia are regulated established norms Labor Code. The document in question, among other things, contains information on the order in which the organization of relations between the employee and the employer takes place on initial stage. The procedure for formalizing an employment relationship includes, first of all, a conclusion between the parties employment contract. The preparation and signing of this document is mandatory in all cases involving the actual admission of the employee to the performance of certain duties by him.

The formation of a working relationship between an employee and an employer begins with the conclusion of an employment contract between them. To do this, the employee, in accordance with the norms of labor legislation, must provide the following package of certain documents:

• Russian passport;
• military ID (if the applicant is liable for military service);
• certificate of pension insurance;
• work book;
• a document on the received specialized education, if it is necessary in connection with the specifics of the specialty.

After the employment contract is concluded, the employer, represented by the head, is obliged to issue an order for the admission of a specialist to the appropriate position, with which the employee must be familiarized, which is confirmed by his personal signature.

Due to the fact that the procedure for formalizing labor relations includes the preparation of a document that is the most significant for both parties, it is worth paying attention to the most important points in the course of its conclusion. First of all, an employment contract must be drawn up in two copies, which are equally legally significant.

Registration of labor relations: a phased process

In addition, the specialist has the right to request a copy of the signed order of employment. The employment contract comes into effect from the moment when both parties have sealed it with their signatures. In addition, the specialist is obliged to start performing his immediate duties from the moment specified by the concluded contract. If the day of commencement of work is not provided for by the contract, the employee begins to work from the day following the day of signing the contract.

Legislation allows for a situation where an employment contract is not drawn up in the prescribed manner. In this case, the employee starts work according to the order of the immediate supervisor. In this case, the employer is obliged to draw up and sign an employment contract no later than three days after the start of the specialist's work.

Types of employment contracts

A document regulating the relationship between an employer and a specialist can be concluded both for an indefinite period and for a specific period of time, which, in turn, cannot exceed five years. If a clear period does not appear in the contract, such a document is understood to be concluded for an indefinite period. Such an agreement may be terminated only in the manner established by law. Fixed term contract can be enclosed either in without fail, in accordance with Article 59 of the Labor Code of the Russian Federation, or on the basis of an agreement between the parties.

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Registration of relations of hired labor is possible by concluding one of the contracts with the employee: labor or civil law.

Labor contract- an agreement between the employee and the employer, where the main obligation of the employee is to perform a certain labor function (to work), and the main obligation of the employer is to pay the employee wages and ensuring normal working conditions. The contract is concluded in accordance with the requirements of the Labor Code of the Russian Federation.
hallmark of the employment contract is the subordination of the parties: the employee is subordinate to the employer and fulfills his orders.
However, the employer is obliged to fulfill many obligations towards the employee, from creating favorable working conditions to providing annual paid leave, paying benefits, etc.

Civil contract- agreement of the parties on the performance of a particular work for a fee.

Civil law contracts include all contracts concluded in accordance with the Civil Code of the Russian Federation.
When using hired labor, contracts for work and paid services are most often concluded, less often - an agency agreement. The parties to a civil law contract are equal.
It is necessary to correctly assess the organization of the worker's work, taking into account the main differences between the labor and civil law contracts.

Convenience for the employer of the employment contract:
. An employee under an employment contract is obliged to obey labor discipline, i.e. He must certain time be at his workplace and perform the work assigned to him by the head.

The procedure for registration of labor relations

For violation of labor discipline, the employee will be held liable, and for repeated violations he could be fired altogether.
In fact, the violation of labor discipline can even be understood as the disclosure of trade secrets.

Convenience of a civil law contract:
. Does not burden the employer with a number of obligations stipulated by labor legislation.
. Cancellation is possible unilaterally.

Registration of relations with an employee hired under a civil law contract
Algorithm of actions when concluding a civil law contract:
1) Drawing up and signing the contract.
2) Only for individual entrepreneurs if the hired employee is the first (before that, there were no employees at all): Registration as an insurer in the offices of the Pension Fund of Russia and the Social Insurance Fund.
3) Payment under the contract (carried out depending on the terms of the contract: prepayment, in installments, after the completion of work, etc.).
4) Calculation, withholding and transfer of personal income tax (PIT) to the budget. Personal income tax is withheld from the amount of remuneration. The transfer of personal income tax is carried out on the day of payment of remuneration at a rate of 13%.
5) Accrual and payment of insurance premiums to the Pension Fund of Russia (until the 15th day of each month).
6) Calculation and payment of contributions to the Social Insurance Fund and the Federal and Territorial Compulsory Medical Insurance Funds.

Available by the 15th of every month.
7) Signing an act of work performed (services rendered).
8) Submission of a quarterly report to the Social Insurance Fund (until the 15th day of the month following last month reporting quarter).
9) Submission of a personal income tax return (until April 30 of the year following the reporting year).
10) Submission to the Pension Fund of Russia of documents of individual (personalized) accounting.

Formation of relations with an employee hired by
employment contract
Algorithm of actions for registration (from hiring to dismissal):
1) Familiarization of a potential employee with the internal labor regulations and other local regulations(labor protection rules, orders having special meaning).
2) Conclusion of an employment contract.
3) Issuance of an order for employment and familiarization of the employee with it against signature.
4) Making an entry in the employee's work book.
5) Filling in the employee's personal card (T-2 form).
6) Only for individual entrepreneurs if the hired employee is the first (before that, there were no employees at all): Registration as an insurer in the offices of the Pension Fund of Russia and the Social Insurance Fund.
7) Notification of military registration authorities about hiring an employee (for persons liable for military service) within 14 days from the date of employment of the employee.
8) Accrual and payment of wages at least 2 times a month.
9) Calculation, withholding and transfer of personal income tax (PIT) to the budget. Personal income tax is withheld from the amount of remuneration. The transfer of personal income tax is carried out on the day of payment of remuneration
at a rate of 13%.
10) Calculation and payment of insurance premiums to the Pension Fund of Russia (until the 15th day of each month).
11) Calculation and payment of contributions to the Social Insurance Fund and the Federal and Territorial Funds of Compulsory Medical
insurance (until the 15th day of each month).
12) Issuing an order to dismiss an employee and familiarizing the employee with it against signature.
13) Making an entry in the employee's work book, familiarizing the employee with the entry against signature.
14) Calculation and payment of wages for hours worked and compensation for unused vacation(final calculation).
15) Handing over to an employee work book against signature and at the request of the employee issuance of copies of documents related to the dismissal.
16) Notification of the military registration authorities about the dismissal of an employee (for persons liable for military service) within 14 days from the date of dismissal.
17) Submission of a personal income tax return (until April 30 of the year following the reporting year).
18) Submission of reports to the Pension Fund of Russia of documents of individual (personalized) accounting.

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Conclusion of an employment contract

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer.

An employment contract that is not properly executed is considered concluded if the employee has started work with the permission or on behalf of the employer or his representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three days from the day the employee was actually admitted to work.

When concluding employment contracts with separate categories of employees, laws and other regulatory legal acts may provide for the need to agree on the possibility of concluding employment contracts or their conditions with the relevant persons or bodies that are not employers under these contracts, or drawing up employment contracts in more copies.

It should be noted that employment is issued by order of the employer. The order is issued on the basis of a concluded employment contract. The employee must be familiarized with the order (on receipt) within three days from the date of signing the employment contract. At the request of a new employee, he is given a certified copy of the order. Lawyers for labor disputes It is recommended to take copies of all documents that the employee signs. In addition, orders and contracts are recommended to be signed only after careful reading or after consultation with a specialist who knows all the "pitfalls".

When hiring, the employer is obliged to familiarize the employee with the internal labor regulations in force in the organization, other local regulations related to the employee's labor function, and the collective agreement.

The term of the employment contract.

In accordance with labor legislation (Article 58 of the Labor Code of the Russian Federation), employment contracts can be concluded:

v for an indefinite period;

v for a fixed period, but not more than 5 years;

v for the period established by the Labor Code of the Russian Federation and other federal laws for certain categories of employees (for example, for seasonal workers- up to 6 months).

If the employment contract and the employment order do not specify the period for which the employee is hired, he is considered to be hired for an indefinite period, that is, for permanent job. The peculiarity of such an agreement is that it continues for an unlimited time until the employee or employer terminates it in the manner prescribed by law.

Contracts concluded for a fixed period or for the duration of certain work are called fixed-term employment contracts. Their peculiarity lies in the fact that they can be concluded for any period precisely defined and agreed upon by the parties, but not more than 5 years. A fixed-term employment contract is terminated upon expiration of its validity period.

All cases of concluding a fixed-term employment contract are divided by the legislator into two groups: when the conclusion of a fixed-term employment contract is mandatory (part 1 of article 59 of the Labor Code of the Russian Federation) and when the parties have the right to conclude such an agreement by agreement (part 2 of article 59 of the Labor Code of the Russian Federation).

Conclusion for 1 chapter

Labor relations are not always formalized by an employment contract, however, if there is an employment contract, the parties (both the employee and the employer) are more protected from a legal point of view.

Registration of labor relations

The presence of an employment contract also reduces the likelihood of ambiguity and uncertainty in the relationship between the parties.

When concluding an employment contract, remember that this is an agreement between two parties - the employer and the employee. Two parties are interested in its conclusion, but, of course, the employee is to a greater extent, so take it seriously: remind you of the need to sign it, read it verbatim, go for a consultation with a lawyer.

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AT conducting

Occupational safety is a system for preserving the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

All organizations, regardless of their form of ownership, must obtain a safety certificate - a document certifying the compliance of labor protection work carried out in the organization with the established state regulatory requirements for labor protection.

According to the Constitution of the Russian Federation, every citizen of Russia has the right to work in conditions that meet the requirements of safety and hygiene (Article 37), to health care and free medical care in state and municipal health care institutions (Article 41), to state compensation for harm caused by illegal actions (or inaction) of state authorities or their officials (Article 53), on a favorable environment, reliable information about its condition and on compensation for damage caused to his health or property by an environmental offense (Article 42). Concealment by officials of facts and circumstances that pose a threat to the life and health of people entails responsibility in accordance with the Constitution of the Russian Federation (Article 41, paragraph 3).

1. Main provisions of labor legislation

1.1. Legislation of the Russian Federation on labor and its scope

The orientation and main content of legislative acts on labor come from the relevant articles of the Constitution Russian Federation. So, in Art. 7 says that the Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. In the Russian Federation, the labor and health of people are protected, and a guaranteed amount of wages is established.

Art. 37 paragraph 3. Everyone has the right to work in conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law, as well as the right to protection from unemployment.

The regulation of labor relations and other relations directly related to them in accordance with the Constitution of the Russian Federation, federal constitutional laws is carried out by labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms:

the Labor Code and other federal laws;

Decrees of the President of the Russian Federation;

Decrees of the Government of the Russian Federation and regulatory legal acts of federal executive bodies;

Constitutions (charters), laws and other regulatory legal acts of the subjects of the Russian Federation;

Acts of local governments and local regulations containing norms labor law.

Thus, in some cases, the Labor Code of the Russian Federation (Labor Code of the Russian Federation) must be considered in conjunction with other regulatory legal acts.

1.2. Basic labor rights of employees

In accordance with the Constitution of the Russian Federation, everyone has the right to work that he freely chooses or to which he freely agrees, the right to dispose of his abilities for work, choose a profession and occupation, and the right to protection from unemployment.

Forced labor is prohibited.

Each employee has the right (Article 21 of the Labor Code of the Russian Federation):

To working conditions that meet the requirements of safety and hygiene;

For compensation for harm caused by damage to health in connection with work;

to equal remuneration for equal work without any discrimination and not below the minimum amount established by law;

For rest, provided by the establishment of the maximum duration of working hours, reduced working hours for a number of professions and jobs, the provision of weekly days off, holidays, as well as paid annual holidays;

To join trade unions;

For compulsory social insurance and provision by age, in case of disability and in other cases established by law;

For judicial protection of their labor rights, etc.

1.3. Labor relations between the employer and the employee, the procedure for their registration and guarantees of compliance

Working conditions are included in the employment contract and must comply with the requirements of the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" (Article 9) and the Labor Code of the Russian Federation, as well as other regulatory legal acts (collective agreements).

In the Russian Federation, an employment contract can be concluded with any employee. An unreasonable refusal to conclude an employment contract is prohibited (Article 64 of the Labor Code of the Russian Federation).

The employment contract specifies (Article 57 of the Labor Code of the Russian Federation):

Name of profession or position;

The rights and obligations of the employee;

Rights and obligations of the employer;

Characteristics of working conditions, compensation to employees for work in difficult, harmful and (or) dangerous conditions;

The mode of work and rest (if it is different for this employee from the general rules established in the organization);

Terms of remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments);

Types and conditions of social insurance directly related to labor activity and etc.

The terms of the employment contract can be changed only by agreement of the parties and in writing.

Introduction

4. The procedure for concluding an employment contract and registration of employment

5. Documents required for employment

6. Work book

7. Job test

List of used literature

Introduction

Labor law is an independent branch of law, which is a set of legal norms that regulate social relations in the labor process on the basis of an employment contract. Labor law, as an independent branch, emerged from civil law, since a certain level of development of production required the expansion of legal norms that were unknown to civil law.

Like any branch of law, labor law has certain tasks. But labor law realizes its tasks through goals. They are: 1) establishing state guarantees labor rights and freedoms of citizens; 2) creation of favorable working conditions; 3) protection of the rights and interests of employees and employers. The objectives of this branch of law are: 1) creating the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations, as well as the interests of the state; 2) legal regulation of labor and directly related relations.

The solution of the above tasks should be based on some starting points, i.e. principles. Under principles legal regulation labor relations are understood as the guiding principles (initial provisions), which are developed in the legal norms governing these relations. No specific norm of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) and other acts of labor legislation should contradict the principles enshrined in Art. 2 of the Labor Code of the Russian Federation.

The most important codified source of labor law is the Labor Code of the Russian Federation. New Labor Code of the Russian Federation adopted State Duma December 21, 2001, approved by the Federation Council on December 26, 2001, signed by the President of the Russian Federation on December 30 of the same year and entered into force on February 1, 2002. The latest edition is the Labor Code of December 29, 2010 with amendments and additions that came into force on January 7, 2011. Structurally, the code consists of six parts, 14 sections, 62 chapters, uniting 424 articles.

The system of sources of labor law includes by-laws. Among the normative acts regulating labor relations, important place occupied by the decrees of the Government of the Russian Federation. The sources also include resolutions and clarifications of the Ministry of Labor of the Russian Federation. Such acts are binding on all ministries, state committees and departments, local executive authorities, enterprises, regardless of their departmental subordination. In necessary cases, resolutions and explanations are adopted by the Ministry of Labor of Russia jointly or in agreement with other bodies.

Among the sources of labor law, a certain niche is occupied by acts of local regulation, which include: collective agreements, regulatory agreements, individual labor contracts (contracts), orders for organizations that are not individual, law enforcement in nature.

Since, in accordance with paragraph 4 of Art. 15 of the Constitution of the Russian Federation generally recognized principles and norms international law and international treaties The Russian Federation are part of its legal system, acts of the International Labor Organization (hereinafter ILO), regional associations of states, as well as bilateral interstate agreements are also sources of Russian labor law.

1. Labor relations and their subjects

Employment legal relations are understood as relations that are based on an agreement between an employee and an employer on the personal performance by an employee of a labor function (work in a certain specialty, qualification or position) for a fee and the employee's subordination to the rules of internal labor regulations, provided that the employer ensures the working conditions provided for by labor legislation, collective agreement, agreements, labor contract.

The content of these legal relations corresponds to the rights and obligations of the parties to the employment contract, i.e., the employee and the employer (Article 56 of the Labor Code of the Russian Federation), the conclusion of which entails not only the emergence of these relations, but also their existence in time. In addition, the fulfillment by the employee of these duties must take place while the employer provides the employee with the working conditions provided for by labor legislation, the collective agreement (agreements), and the employment contract.

Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the Labor Code of the Russian Federation. This rule is enshrined in Art. 16 of the Labor Code of the Russian Federation, where for the first time it is said that in the cases and in the manner established by law, other regulatory legal act or the charter (regulation) of the organization, labor relations arise on the basis of an employment contract as a result of:

Elections (elections) for a position (see article 17 of the Labor Code of the Russian Federation);

Elections by competition to fill the relevant position (Article 18 of the Labor Code of the Russian Federation);

Appointment to a position or approval in a position (Article 19 of the Labor Code of the Russian Federation);

Job assignments by authorized bodies on account of the established quota;

Judicial decision on the conclusion of an employment contract;

Actual admission to work with the knowledge or on behalf of the employer or his representative, regardless of whether the employment contract was properly executed.

Therefore, in cases of election to a position, appointment to a position and in other cases mentioned, for the emergence of labor relations, it is necessary to conclude an employment contract.

The subjects of labor law are participants public relations regulated by labor law, endowed with appropriate subjective rights and legal obligations. The subjects of labor law include:

Employees;

employers;

trade union bodies;

Representatives of employees and employers.

The worker is individual(citizen, foreigner, stateless person) who is a party to an employment contract (contract), performs work in a certain specialty, qualification and position, is obliged to obey the rules of internal labor regulations.

As subjects of labor law, all citizens must have the actual ability to work. This ability depends on the combination of physical and mental capabilities that a person has.

Labor personality is established by the current legislation, as a rule, when citizens reach the age of fifteen, since, according to Art. 63 of the Labor Code of the Russian Federation, it is not allowed to hire persons under the age of 16. However, if you receive the main general education or leaving a general education institution in accordance with federal law, it is allowed to hire persons who have reached the age of 15. In addition, in their free time from studies, persons have the right to get light work upon reaching the age of 14, but with the consent of their legal representatives.

The employer may be a commercial or non-profit organization, as well as an individual, both having and not having the status of an individual entrepreneur.

The legal personality of an employer as a potential participant in an employment relationship lies in the fact that he:

Has the right to hire, place and dismiss personnel;

Endowed with the right to organize and manage the labor process;

Has a wage fund for settlements with employees;

Has separate property.

A trade union is a voluntary public association of citizens connected by common industrial, professional interests in the nature of their activities, created in order to represent and protect their social and labor rights and interests. All trade unions enjoy equal rights.

Everyone who has reached the age of 14 and carries out labor (professional) activities has the right to form trade unions to protect their interests, join them, engage in trade union activities and leave trade unions. This right is exercised freely, without prior permission.

According to Art. 5 of the Federal Law, they are independent in their activities from executive authorities, local governments, employers, their associations (unions, associations), political parties and other public associations, they are not accountable and not controlled.

Employees who are members of trade union bodies and are not released from their main work cannot be subjected to disciplinary action without the prior consent of the trade union body of which they are members.

2. Labor contract. Types of employment contracts

An employment relationship arises on the basis of an employment contract, through which citizens realize their ability to work. According to Art. 56 of the Labor Code of the Russian Federation, an employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement, in a timely manner and in full size pay wages to the employee, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations applicable to this employer. The parties to an employment contract are the employer and the employee.

First of all, an employment contract should be distinguished from civil law contracts for work and services, where the subject of the contract is a certain result of work or service. The subject of the employment contract is the work of the employee. In addition, the hallmark of the employment contract is also the subordination of the employee to the internal labor regulations of the organization, observing which the employee must come to work and leave it on time, obey the order of the head of the organization, structural unit etc. The contractor also has no such obligations and performs certain work at his own expense, that is, at his own risk. As for the employee, as a participant in the labor contract, the guarantees and compensations specified in the law apply.

One copy of the contract must be given to the employee.

The employment contract specifies the main working conditions: place of work, position, payment, term of the contract, etc. You can also fix the conditions in the contract probationary period, but it is important to remember that some categories of persons are exempted from passing such tests (Article 70 of the Labor Code of the Russian Federation).

If during the term of the employment contract, working conditions change (for example, working hours or salary), you need to issue supplementary agreement to the contract (Article 72 of the Labor Code of the Russian Federation) (the form of the employment contract can be viewed and downloaded).

Admission order and register

On the basis of an employment contract, an order for employment is issued.

It is necessary to familiarize the employee with the order within three days from the date of the actual start of work.

All orders for personnel, including orders for employment, are recorded in the register. There is no unified form of the journal - you can develop a journal yourself or purchase a ready-made one. The register of orders must be laced and numbered.

On the basis of an employment order, a work book, a personal card (No. T-2) are also filled out, and a personal account of the employee is opened in the accounting department (forms No. T-54 or No. T-54a).

Employment history

The work book is the main document that confirms the length of service (Article 66 of the Labor Code of the Russian Federation). Responsibility for the maintenance and storage of work books rests with the employer.

The employer is obliged to keep a work book for an employee who has not previously worked anywhere. He must also always have the forms of work books and inserts in them available. The issuance of forms is recorded in a special journal (Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

Employment books and the procedure for their maintenance can be checked by the FIU and GIT.

When an employee is dismissed, a work book must be issued on the last day of work (Article 84.1 of the Labor Code of the Russian Federation). The employee must sign in the register of the movement of work books and inserts in them, which confirms the fact that the work book has been issued.

If the employer violates the terms for issuing a work book or the procedure for filling it out, he is threatened with material liability(Article 234 of the Labor Code of the Russian Federation).

Job description

Most companies prescribe labor functions employees in job descriptions. Although this document is not mandatory, it is safer to develop and apply job descriptions. Then the employee will not be able to present unreasonable claims to the employer.

In some cases, job descriptions must be applied mandatory (for example, for police officers).

Rostrud in its letter dated October 31, 2007 No. 4412-6 gave recommendations on the design job descriptions. Employees must be familiarized with the instructions against signature (Article 22 of the Labor Code of the Russian Federation).

Internal labor regulations

The procedure for hiring and dismissing employees, the rights and obligations of the parties, the mode of operation, rest time, incentives and penalties, and other issues that regulate labor relations should be enshrined in the internal labor regulations (Article 189 of the Labor Code of the Russian Federation).

Most often, the internal labor regulations (PWTR) are an annex to the collective agreement (Article 190 of the Labor Code of the Russian Federation). However, it is more expedient not to make the PRT an annex to the collective agreement, since it will be possible to change the PRT only through collective bargaining. It is better to draw up the internal labor regulations in a separate document.

The employer is obliged to familiarize the newly hired employee with these rules against signature (Article 22, Labor Code of the Russian Federation).

Regulation on personal data

When working with personnel, special attention should be paid to the storage and processing of personal data of employees.

The employer must approve the provision (regulation) on personal data, which will prescribe the procedure for storing and using personal data of employees (Article 88 of the Labor Code of the Russian Federation, Article 18.1 of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data").

The provision should indicate the composition of personal data, the procedure for their processing, transfer to third parties, the rights and obligations of employees in the processing of personal data, etc. All employees must be familiar with the provision and give their written consent to the processing of personal data (Article 22, , Labor Code of the Russian Federation).

Regulations on wages

The regulation on remuneration is not a mandatory document. It is drawn up if necessary, most often when the organization, in addition to salaries, provides for other payments (bonuses) or operates different systems wages.

The system of remuneration can be established collective agreement(Article 135 of the Labor Code of the Russian Federation).

If the company has approved a regulation on remuneration, it usually prescribes remuneration systems, bonus conditions, overtime pay, the procedure for paying vacation pay, wage indexation conditions, etc.

The current regulation on remuneration with clearly defined rules and procedures will save the organization from unnecessary questions during inspections by regulatory authorities.

Pay slip and pay slips

The employer is obliged to notify employees of the accrued wages (Article 136 of the Labor Code of the Russian Federation).

Information about payments is contained in the payslip, the form of which is approved by the employer independently.

Payment of wages should be made on the basis of the payroll in the form No. T-49. Instead, you can use the payroll form No. T-51 and the payroll form No. T-53. If the salary is transferred to the cards, only the payroll is needed.

Service Expert Standard

Rogacheva E. A.