TC RF guarantees and compensation. Social guarantees for employees in labor law. Guarantees and compensation to employees in the event of a business trip

First of all, it is necessary to give the basic definitions that will be required for further presentation.

Warranties are the means, methods and conditions by which the rights granted to employees in the field of social labor relations... This is established by Art. 164 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ. Warranties can be tangible or intangible in nature.

Material guarantees - preservation of average earnings for the period of study leave, for a while forced absenteeism, annual leave etc.

Intangible guarantees - preservation of a place of work, position in various situations, provision of another place of work, etc.

According to Art. 164 of the Labor Code of the Russian Federation compensation- these are monetary payments established in order to reimburse the employee for costs associated with the performance of his labor or other duties provided for by federal laws. The costs incurred by the employee when performing job responsibilities, must be reimbursed to him in the form of cash payments.

The legislation provides for the provision of guarantees and compensations to the employee in a number of cases.

Collectively or employment contract other cases of receipt by the employee of guarantee compensation payments in comparison with the legislation may be determined, and higher amounts of such payments may be agreed.

When providing guarantees and compensations, all relevant payments are made at the expense of the employer.

The current labor legislation establishes a number of cases, the occurrence of which entails guarantee payments and additional payments, and also obliges the employer to maintain the average wage of employees temporarily released from work.

The grounds for maintaining earnings and additional payments at the expense of the employer arise in connection with various circumstances.

Previously, under the monopoly state property, it was not in doubt. However, the economic reform, which led to the emergence of new organizational and legal forms of enterprises, significantly exacerbated the problem of guarantee payments and, most importantly, raised the question of the socio-economic justification of maintaining earnings at the expense of employers. By general rule the enterprise is forced to incur additional costs when an employee, for reasons stipulated by law, is released from work or transferred to another, less paid job.

Labor legislation establishes the preservation of earnings at the expense of the employer, depending on various reasons.

Some of them are directly related to production:

1) transfer to another job due to production needs;

2) changes in the organization of work;

3) changes in the essential terms of the employment contract, etc.

Others are indirect or unrelated to production:

1) participation of deputies in the work of representative bodies of power;

2) benefits for women with minor children, or employees with disabled children, etc.

Depending on the connection with production and the nature of the work performed, the norms governing the preservation of average earnings can be divided into four main groups:

1) the norms providing for payments directly related to the work of the employee, and, therefore, are the objective obligation of the employer;

2) norms establishing payments indirectly related to production, arising in connection with legal events beyond the control of the employer;

3) the rules governing payments that are not related to the production and work of the enterprise;

4) norms providing for the material support of the activities of public organizations, mainly trade unions.

TO first group of norms, establishing the preservation of earnings, include norms that are directly related to production. Their use is due to the organizational actions of the employer, causing change working conditions of the employee. These standards include:

1) payment for downtime due to the fault of the employer;

2) preservation of wages when transferring or moving an employee to another permanent lower-paid job;

3) preservation of the previous rates for the workers-inventors and rationalizers for a certain period (rates are kept for six months);

4) guarantees provided for inventors and innovators when they are relieved of their main job to participate in the implementation of an invention or rationalization proposal;

5) guarantees to employees when they are sent for advanced training, when employees are sent for examination to medical institutions;

6) guarantees and compensation for business trips, as well as moving to work in another locality;

7) compensation for tool wear.

The second group of norms, providing for guarantee payments and preservation of earnings at the expense of the enterprise, is indirectly related to production. The application of these norms is associated with a number of objective factors and does not depend on the will of the employer. These include:

1) remuneration of employees under eighteen years of age (wages of employees under 18 years of age with a reduced duration of daily work are paid in the same amount as employees of the corresponding categories with the full duration of daily work);

2) maintaining the same remuneration for those transferred for health reasons to lighter work.

Restriction of nightlife, overtime work, sending workers with minor children or caring for sick family members on business trips has an indirect adverse effect on production. At the expense of the enterprise, guarantees are carried out when hiring and firing pregnant women and employees with minor children; at the expense of the employer, medical examinations of persons under the age of 21 are carried out. The possibility of establishing reduced production rates for young people at the expense of the enterprise is envisaged.

The most significant group is made up of norms that provide for the preservation of earnings, various additional payments, payment of benefits based on the fact that the employee is on the staff of the enterprise. Guarantee payments are made at the expense of the enterprise, although the employer has nothing to do with the circumstances with which the legislator associates the occurrence of guarantee payments. Moreover, the enterprise should not objectively bear the burden of social and material benefits, since it fulfilled its obligations in one form or another by paying taxes. Such norms, imperatively established by the state, do not take into account that in a number of cases, earnings and benefits must be paid by the relevant state bodies, insurance funds or from the state budget. An example is the situation when an employee is called up for military service or alternative service that replaces it, when the employer is obliged to pay severance pay.

Does the labor legislation also provide for a very significant list of guarantees? grounds for keeping employees wages for the duration of state and public duties... So, the enterprise is obliged to pay wages to the employee in connection with:

1) with his participation as a deputy during sessions and the performance of deputy duties;

2) with the appearance on call to law enforcement and judicial authorities as a witness, victim, expert, specialist, translator, attesting witness;

3) with participation in court hearings as a juror, public prosecutor or public defender, representative of public organizations and labor collectives.

The practice of compensatory payments at the expense of enterprises continues to expand also in the new economic conditions with the adoption of new legislative acts. So, according to paragraph 3 of Art. 131 of the Tax Code of the Russian Federation for employees summoned to the tax authority as witnesses, the salary at the main place of work is retained during their absence from work in connection with the appearance at the tax authority. The tax service, like law enforcement agencies, only assumes part of the costs associated with the distraction of an employee from work, namely: travel costs, renting a living quarters and daily subsistence allowance.

The enterprises are entrusted with guarantees for employees who are donors. For them, on the days of examination and blood donation, average earnings, and also payable the day after donating blood.

Privileges- provision of any advantages, partial exemption from the implementation of established rules, obligations or facilitation of the conditions for their implementation.

The current legislation provides for a huge amount of benefits from enterprises for women in connection with the birth and upbringing of children. When pregnant women and women with children under the age of one and a half years are transferred to lighter work, production rates are reduced while maintaining average earnings. Women are provided with paid maternity leave, breastfeeding breaks, which are included in work time as well as a number of other benefits.

A significant group of norms is made up of benefits for employees who combine work with training. In particular, for employees studying in general education schools and vocational educational institutions, an abbreviated work week or shorter working hours with payroll. For this category of employees, it is envisaged to provide leave with preservation of wages up to 30 calendar days to prepare and pass exams; for students in correspondence higher and secondary specialized educational institutions, the company is obliged to provide study leave(40-50 calendar days), as well as pay travel to the location educational institution and back for passing tests and exams in the amount

50% of the fare.

In addition to guarantee payments and surcharges, the legislation establishes such guarantees as:

1) retention of the place of work (position);

2) the provision of additional holidays or extra days recreation;

3) granting a number of categories of employees a pre-emptive right to remain at work while reducing the number or staff of employees;

4) imposing on the employer the obligation to offer the dismissed employee a vacant position (another place of work) in some cases;

5) the use of compulsory social insurance funds for payments to temporarily or permanently disabled employees.

New edition of Art. 165 of the Labor Code of the Russian Federation

In addition to the general guarantees and compensations provided for by this Code (guarantees for hiring, transferring to another job, for wages and others), workers are provided with guarantees and compensations in the following cases:

when sent on business trips;

when moving to work in another area;

in the performance of state or public duties;

when combining work with education;

in case of forced termination of work through no fault of the employee;

when providing annual paid leave;

in some cases, termination of the employment contract;

due to the delay due to the fault of the employer in issuing work book upon dismissal of an employee;

in other cases provided for by this Code and other federal laws.

When providing guarantees and compensations, the corresponding payments are made at the expense of the employer. Bodies and organizations in the interests of which the employee performs state or public duties (jurors, donors, members of election commissions and others) make payments to the employee in the manner and under the conditions provided for by this Code, other federal laws and other regulatory legal acts Russian Federation... In these cases, the employer relieves the employee from the main job for the period of performance of state or public duties.

Commentary on Article 165 of the Labor Code of the Russian Federation

Guarantee payments

As mentioned above, guarantee payments can be made to employees in cases of release from work:

In connection with the fulfillment of state or public duties (Article 170 of the Labor Code of the Russian Federation);

In connection with a compulsory medical (examination) examination (Art. 185 of the Labor Code of the Russian Federation);

In cases of donating blood by donors (Article 186 of the Labor Code of the Russian Federation);

And in some other cases.

At the time of performance of state or public duties, if, according to the current legislation, these duties must be carried out during working hours, employees are guaranteed the preservation of their place of work (position). For example, the employer must release the employee from work to appear upon summons to the bodies of inquiry, preliminary investigation, to the prosecutor and to the court as a witness, victim, expert, specialist, translator, attesting witness, as well as to participate in court hearings as a people's assessor, public assessor. prosecutor and public defender, representative of public organizations and labor collectives.

Guarantee payments in these cases are made by the body that attracts the employee to perform such duties. For example, the Federal Law "On People's Assessors of Federal Courts of General Jurisdiction in the Russian Federation" dated January 2, 2000, for a People's Assessor during the period of his duties in administering justice at his main place of work, the average earnings, as well as guarantees and benefits provided by law ... During the participation of the people's assessor in the administration of justice, the relevant court pays him compensation at the expense of the federal budget in the amount of one fourth of the official salary judges of this court.

According to article 131 of the Tax Code of the Russian Federation, witnesses, translators, specialists, experts and attesting witnesses are reimbursed for the expenses incurred by them in connection with the appearance at the tax authority for travel, renting living quarters, and daily subsistence allowances are paid. For employees summoned to the tax authority as witnesses, during their absence from work in connection with the appearance at the tax authority, wages at the main place of work are retained. Translators, specialists and experts receive remuneration for work performed by them on behalf of the tax authority, if this work is not included in their circle official duties... The amounts due to witnesses, translators, specialists, experts and attesting witnesses are paid by the tax authority upon the performance of their duties. The norms for payment of monetary remuneration for translators, specialists and experts involved in taking part in the execution of actions to implement tax control were approved by the Resolution of the Ministry of Labor of the Russian Federation of February 18, 2000 No.

The Labor Code of the Russian Federation (Art. 186) enshrined guarantees to employees who are donors, provided for by the Law of the Russian Federation "On the donation of blood and its components" dated June 9, 1993. On the day of donating blood and its components, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components, he is given another day of rest at his request. Donor workers are given an additional day of rest immediately after each donation day. At the request of the employee, this day is added to the annual leave. When donating blood and its components free of charge, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this. In the case of donating blood and its components during the period of annual leave, on a weekend or a holiday, the donor, at his request, is given another day of rest or the day of donating blood is paid at least twice.

In addition, guarantee payments can be made upon termination of the employment contract. So, the guarantee payments include the payment of forced absenteeism and the period of delay in issuing a work book through the fault of the employer (Article 234 of the Labor Code of the Russian Federation), the preservation of average earnings for the period of employment for employees dismissed in connection with the liquidation of an organization or a reduction in the number or staff of employees ( Art. 178 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation provides for various guarantees for employees who combine work with training.

Employees sent for training by an employer or independently enrolled in state-accredited educational institutions of higher education vocational education regardless of their organizational and legal forms for correspondence and part-time (evening) forms of training, successfully studying in these institutions, the employer provides additional vacations keeping the average earnings for:

passing the intermediate certification in the first and second courses, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the basic educational programs of higher professional education in a shortened time in the second year - 50 calendar days);

preparation and defense of the final qualifying work and passing the final state exams - four months;

The employer is obliged to provide:

employees admitted to entrance examinations in educational institutions of higher professional education - 15 calendar days;

employees - students of preparatory departments of educational institutions of higher professional education for passing final exams - 15 calendar days;

employees studying at state accredited educational institutions higher professional education in full-time education, combining study with work, for passing the intermediate certification - 15 calendar days in the academic year, for the preparation and defense of the final qualifying work and the final state exams - four months, for the final state exams - one month.

Employers who successfully study by correspondence at state-accredited educational institutions of higher professional education, once a school year, the employer pays for travel to the location of the corresponding educational institution and back.

Employees studying part-time and part-time (evening) forms of study in state-accredited educational institutions of higher professional education for a period of ten academic months before the start of the diploma project (work) or passing state exams, a working week is set at their request, reduced by 7 hours. During the period of release from work, these workers are paid 50 percent of the average earnings at the main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensations for employees who combine work with training in educational institutions of higher professional education that do not have state accreditation are established by a collective agreement or an employment contract.

Employers who are sent for training by an employer or who have enrolled independently in state-accredited educational institutions of secondary vocational education, regardless of their organizational and legal forms in correspondence and part-time (evening) forms of training, who successfully study in these institutions, the employer provides additional leave with the preservation of the average earnings for:

passing the intermediate certification in the first and second courses - 30 calendar days, in each of the subsequent courses - 40 calendar days;

preparation and defense of the final qualifying work and passing the final state exams - two months;

passing the final state exams - one month.

The employer is obliged to provide unpaid leave:

employees admitted to entrance examinations in state-accredited educational institutions of secondary vocational education - 10 calendar days;

employees studying in state-accredited educational institutions of secondary vocational education in full-time training, combining study with work, for passing intermediate certification - 10 calendar days in the academic year, for the preparation and defense of the final qualifying work and passing the final state exams - two months, for the final exams - one month.

Employers who study by correspondence at educational institutions of secondary vocational education with state accreditation, once a school year, the employer pays travel to the location of the specified educational institution and back in the amount of 50 percent of the fare.

Employees studying part-time (evening) and part-time forms of study in state-accredited educational institutions of secondary vocational education, within 10 academic months before the start of the diploma project (work) or passing state exams, a working week is set at their request, reduced by 7 o'clock. During the period of release from work, these workers are paid 50 percent of the average earnings at the main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, concluded in writing, the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day (shift) during the week.

Guarantees and compensations to employees who combine work with training in educational institutions of secondary vocational education that do not have state accreditation are established by a collective agreement or an employment contract.

Employees who successfully study in state-accredited educational institutions of primary vocational education, regardless of their organizational and legal forms, are provided with additional leaves with the preservation of average earnings to pass exams for 30 calendar days within one year.

Guarantees and compensations for employees who combine work with training in educational institutions of primary vocational education that do not have state accreditation are established by a collective agreement or an employment contract.

Employees who successfully study in state-accredited evening (shift) educational institutions regardless of their organizational and legal forms, the employer provides additional leave with the preservation of average earnings for passing the final exams in the IX grade - 9 calendar days, in the XI (XII) grade - 22 calendar days.

Guarantees and compensations for employees who combine work with training in evening (shift) educational institutions that do not have state accreditation are established by a collective agreement or an employment contract.

Employees studying in evening (shift) educational institutions during the period school year a working week is set at their request, reduced by one working day or by the corresponding number of working hours (if the working day (shift) is shortened during the week). During the period of release from work, these workers are paid 50 percent of the average earnings at the main place of work, but not less than the minimum wage.

Guarantees and compensations for employees who combine work with training are provided upon receiving an education of the corresponding level for the first time. These guarantees and compensations may also be provided to employees who already have a professional education of the appropriate level and are sent for training by the employer in accordance with an employment contract or a training agreement concluded between the employee and the employer in writing.

An employee who combines work with training at the same time in two educational institutions, guarantees and compensations are provided only in connection with training in one of these educational institutions (at the employee's choice).

Warranty surcharges

In addition to guarantee payments, the legislation also provides for guarantee surcharges. Such additional payments include, in particular, additional payments for downtime, additional payments for transfers to lower-paid jobs, and some others.

For example, labor legislation provides for guaranteed surcharges due to the transfer of an employee to a lower-paid job for health reasons on the basis of a medical report, as well as in connection with work injury or occupational disease (Article 182 of the Labor Code of the Russian Federation). As a general rule, when transferring an employee who, in accordance with a medical certificate, needs to be provided with another job, to another permanent, lower-paid job with of this employer he retains his previous average earnings for one month from the date of transfer. If such a deterioration in health was caused by a work injury, occupational disease or other damage to health associated with work, then earnings from the previous job are retained until a permanent loss of professional ability to work is established or until the employee recovers.

A special case of transfer for health reasons is the provision of easier work for a pregnant woman or a woman with a child under the age of one and a half years (Article 254 of the Labor Code of the Russian Federation). Such a transfer can take place at their request in the presence of a medical certificate confirming the need to provide easier work (or lower labor standards). At the same time, they retain the average earnings from their previous job for the entire transfer period. Until the issue of providing a pregnant woman with other work, excluding the impact of adverse production factors, she is subject to release from work with the preservation of the average earnings for all work days missed as a result, at the expense of the employer.

Compensation payments

Compensation payments are made in order to reimburse the employee for the costs incurred by him in connection with the performance of his job duties. This can be the case during business trips, the use of tools belonging to the employee, Vehicle and other property in the performance of labor duties, etc.

A business trip, in accordance with article 166 of the Labor Code of the Russian Federation, is a trip of an employee at the order of the employer for a certain period to another locality to carry out an official task outside the place of his permanent work. However, business trips of employees whose permanent work takes place on the way are not considered business trips (for example, train conductors). It should be borne in mind that the current legislation prohibits the sending of certain employees on business trips, for example, pregnant women, employees under the age of 18. Sending on official business trips of women with children under the age of 3, employees with children with disabilities or invalids from childhood (until they reach the age of 18), as well as for employees caring for sick members of their families, is allowed only with their written consent.

According to article 167 of the Labor Code of the Russian Federation, when sending an employee on a business trip, he is guaranteed the preservation of his place of work (position) and average earnings, as well as reimbursement of expenses associated with a business trip (compensation payments). In particular, employees sent on business trips are paid:

daily allowance for the time spent on a business trip;

travel expenses to and from the destination;

the cost of renting a dwelling.

The procedure and amount of reimbursement of expenses related to business trips are determined by the collective agreement or local regulations of the organization. However, the amount of such compensation payments cannot be lower than the amount established by the Government of the Russian Federation for organizations financed from the federal budget. Currently, the Decree of the Government of the Russian Federation "On the amount of reimbursement of expenses related to business trips in the territory of the Russian Federation to employees of organizations financed from the federal budget" dated October 2, 2002 N 729 is applied. According to this regulatory act, the following cost reimbursement rates are established in connection with a business trip:

The cost of renting a living space (except for the case when an employee sent on a business trip is provided with free space) - in the amount of actual expenses, confirmed by relevant documents, but not more than 550 rubles per day. In the absence of documents confirming these expenses - 12 rubles per day;

Daily allowance - in the amount of 100 rubles for each day of being on a business trip;

Travel expenses to the site business trip and back to the place of permanent work (including insurance premium for compulsory personal insurance of passengers on transport, payment for travel document processing services, expenses for using bedding on trains) - in the amount of actual expenses confirmed by travel documents.

At the same time, this act sets limits on the cost of travel. For example, by rail- in the compartment carriage of the fast corporate train.

In accordance with article 168.1 of the Labor Code of the Russian Federation, employees whose permanent work is carried out on the road or has a traveling nature, as well as employees working in field conditions or participating in expeditionary work, are reimbursed by the employer related to business trips:

travel expenses;

the cost of renting a dwelling;

additional costs associated with living outside the place of permanent residence (daily allowance, field allowance);

other expenses incurred by employees with the permission or knowledge of the employer.

The size and procedure for reimbursement of expenses related to official travel of employees specified in part one of this article, as well as the list of jobs, professions, positions of these employees are established by the collective agreement, agreements, local regulations... The amount and procedure for reimbursement of these costs may also be established by an employment contract.

Warranties and compensations when moving to another area

When moving to another area by agreement with the employer (for example, when transferring to another job), employees are paid:

The cost of travel for the employee and his family members (unless the employer provides the appropriate means of transportation);

Property transportation expenses;

Daily allowance for each day of being on the road;

Lump-sum allowance for the employee himself and for each family member who moves;

Salary for the days of collection on the road and accommodation at a new place of residence, but not more than six days, as well as for the time spent on the road.

To employees of the budgetary sector, these guarantees and compensations when moving to work in another locality are provided in the manner prescribed by the Decree of the Government of the Russian Federation "On the amount of compensation by organizations funded from the federal budget for expenses to employees in connection with their relocation to work in another locality" from 2 April 2003 N 187. In relation to employees of other organizations (commercial), the amount of reimbursement of expenses is determined by agreement of the parties to the employment contract, but cannot be lower than the amount established by this regulatory legal act.

According to the above-mentioned Resolution of the Government of the Russian Federation, reimbursement of expenses to employees when moving to work in another locality (to another locality according to the existing administrative-territorial division) include:

Relocation expenses of the employee and his family members - in the amount of actual expenses confirmed by travel documents;

The costs of transporting property by rail, water and by car(general use) in the amount of up to 500 kilograms per employee and up to 150 kilograms for each member of his family moving - in the amount of actual costs, but not higher than the tariffs provided for the carriage of goods by rail;

Expenses for settling in a new place of residence: for an employee - in the amount of a monthly official salary (monthly tariff rate) at the new place of his work and for each member of his family moving - in the amount of one fourth of the official salary (one fourth of the monthly wage rate);

Payment of a daily allowance to an employee - in the amount of 100 rubles for each day of being en route to a new place of work.

If it is impossible in advance to accurately determine the amount of reimbursable expenses in connection with the relocation of the employee, he will be given an advance payment.

In this case, the employee is obliged to return in full the funds paid to him in connection with the move to work in another locality, in the event of:

If he did not start work on time without a valid reason (minus the costs incurred for moving him and his family members, as well as for transporting property);

If, before the expiration of one year of work (or before the end of the term of work specified in the employment contract), he quit on their own for no good reason or was fired for wrongdoing.

In some cases, the current legislation provides for other compensation payments to employees. These include, for example, compensation for the wear and tear of tools belonging to employees provided for in Article 188 of the Labor Code of the Russian Federation. In particular, workers who use their tools to carry out their work are entitled to compensation for the depreciation (depreciation) of their tools. The amount and procedure for payment of this compensation are determined by agreement between the employee and the employer, if the amount and procedure for payment of compensation are not established in a centralized manner. Such norms are established, for example, by the Decree of the Government of the Russian Federation "On the establishment of norms for the costs of organizations for the payment of compensation for the use of personal passenger cars and motorcycles, within the limits of which, when determining the tax base for the tax on profit of organizations, such expenses relate to other expenses related to production and sale "dated February 8, 2002 N 92.

The Law of the Russian Federation "On Education" dated July 10, 1992 N 3266-1 provides financial compensation educators educational institutions in order to facilitate their provision of book publishing products and periodicals in the amount of 150 rubles - in educational institutions of higher professional education and corresponding additional professional education, in the amount of 100 rubles - in other educational institutions.

With an application for the restoration of violated rights (compensation for material and moral damage), you can go to court, as well as to the federal labor inspectorate.

Another commentary on Art. 165 of the Labor Code of the Russian Federation

1. Guarantees and compensations provided to employees can be established:

In sect. VII TC;

In other sections of the TC;

In other federal laws.

2. Among the guarantees and compensations provided on the basis of sect. VII TC, include:

Guarantees and compensations when sending an employee on a business trip and when moving to work in another locality (see Chapter 24 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees and compensation in the performance of state or public duties by employees (see Chapter 25 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees and compensation for employees who combine work with training (see Chapter 26 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees and compensation to employees related to the termination of an employment contract (see Chapter 27 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees and compensation when transferring an employee to another permanent job, in case of temporary disability, in connection with an accident at work, during the passage of a mandatory medical examination, the implementation of donor functions, with advanced training, the use of the employee's property in the interests of the employer (see Chapter 28 of the Labor Code of the Russian Federation and the commentary to it).

3. The guarantees and compensations provided for in other sections of the TC include:

Labor compensation guarantees (see Chapter 21 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees in the field of labor rationing (see article 159 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees of the workers' right to work in conditions that meet the labor protection requirements (see article 220 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees for women and persons with family responsibilities (see Chapter 41 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees for underage workers (see Chapter 42 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees and compensation to persons working part-time (see article 287 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees and compensations to persons employed on a rotational basis(see article 302 of the Labor Code of the Russian Federation and the commentary to it);

Guarantees and compensations to persons working in the Far North and equated localities (see Chapter 50 of the Labor Code of the Russian Federation and a commentary to it);

Guarantees and compensations for employees sent to work in representative offices of the Russian Federation abroad (see Art. 340 of the Labor Code of the Russian Federation);

Guarantees to employees who are members of elected trade union collegial bodies and who are not released from their main job (see article 374 of the Labor Code of the Russian Federation and a commentary to it), as well as those who have been released union workers(see article 375 of the Labor Code of the Russian Federation and the commentary to it);

Guarantees to employees in connection with a strike (see article 414 of the Labor Code of the Russian Federation and a commentary to it).

4. The guarantees and compensations in the field of social and labor relations provided for in other federal laws include:

Guarantees to citizens doing alternative civilian service on the basis of Federal Law No. 113-FZ of July 25, 2002 (as amended on July 6, 2006) "On Alternative Civilian Service";

Guarantees to citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site, based on the Federal Law of January 10, 2002 N 2-FZ (as amended on December 29, 2004) "On social guarantees to citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site ";

Guarantees to employees of open joint stock companies, created by way of privatization, on the basis of Art. 17 of the Federal Law of December 21, 2001 N 178-FZ (as amended on May 10, 2007) "On the privatization of state and municipal property";

Guarantees to persons under dispensary supervision in connection with tuberculosis and patients with tuberculosis on the basis of the Federal Law of June 18, 2001 N 77-FZ (as amended on August 22, 2004) "On the prevention of the spread of tuberculosis in the Russian Federation";

Guarantees to citizens employed in work with chemical weapons, and to citizens who have received an occupational disease in these jobs, on the basis of the Federal Law of November 7, 2000 N 136-FZ (as amended on August 22, 2004) "On social protection of citizens employed in work with chemical weapons ";

Guarantees to judges and employees of court apparatus on the basis of Federal Law No. 6-FZ of January 10, 1996 (as amended on August 22, 2004) "On Additional Guarantees social protection judges and employees of the apparatus of the courts of the Russian Federation ";

Guarantees for workers engaged in heavy work and work with hazardous and (or) harmful conditions labor for the extraction (processing) of coal, on the basis of the Federal Law of June 20, 1996 N 81-FZ (as amended on June 12, 2006) "On government regulation in the field of mining and use of coal, on the features of social protection of workers of organizations of the coal industry. "

5. In accordance with Part 2 of Art. 165 of the Labor Code of the Russian Federation, guarantees and compensation to employees are provided at the expense of the employer. An exception to this rule is guaranteed payments to employees who are involved in the performance of state or public duties. In this case, the employer is obliged to release the employee from work, and payments to employees are made by those bodies and organizations in the interests of which the employee carried out state or public duties. For the provision of guarantees and compensation to employees in these cases, see Art. 170 of the Labor Code of the Russian Federation and a commentary to it.

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Chapter 24 of the Labor Code of the Russian Federation. Guarantees when sending employees on business trips, other business trips and moving to work in another locality ›

The state and the law provide and consolidate guarantees and compensation for workers, as the most unprotected side of the labor agreement. It is exactly about those who work on. It doesn't matter if it's urgent or indefinite. If such a document has not been signed, we can talk about a civil contract. And, of course, guarantees and compensation to employees do not apply to the parties to such an agreement. Or maybe this is a case when the employee will be forced to apply with.

Thus, guarantees are a mechanism that includes the conditions, means and methods of exercising the rights of the employee. These are the legal grounds for entering into labor relations, restoration of illegally violated rights, etc. And compensations are cash payments to reimburse employees' expenses incurred in the performance of duties.

Providing guarantees and compensation to employees

Labor legislation enshrines general guarantees and compensations that are valid when concluding an employment contract, transfers, deductions from wages, as well as special cases of such privileges.

Guarantees and compensations are provided in the following cases:

business trip;
fulfillment of assigned state or public duties;
moving to work in another area;
combining work with education;
forced termination of the agreement through no fault of the employee;
annual;
in some cases, termination of the employment agreement;
violation of the terms for issuing a work book is not the fault of the dismissed employee;
in other cases established by law, collective or labor agreement.

Guarantees and compensations to employees on a business trip

When sending an employee on a business trip, he is guaranteed:

preservation of the place of work - the employer will not dismiss the employee during this period on his own initiative (except for the liquidation of the enterprise), will not transfer to another position;
the salary during the entire business trip, taking into account the time spent on the road, is preserved. In addition, at the discretion of the employee, it can be sent to him at the expense of the organization that sent him;
reimbursement of expenses - the employer pays for travel, accommodation, other expenses (as agreed). Per diems are paid and the employee submits financial documents in support of this.

Guarantees and compensations in the performance of state (public) duties

For the duration of the imposed state or public duties, the employer relieves the employee from work duties. But keeps for him workplace... Compensation is paid by a public authority either public organization that attracted the employee.

Guarantees and compensation to employees when moving to work in another area

This type of compensation arises if the employer has received the employee's consent to such a move. The employer reimburses the travel expenses of the employee and his family members; removal of property, excluding cases of providing the employee with the appropriate transport; the costs of the arrangement. The exact amount of cost recovery will be determined by agreement. By-laws have been approved for civil servants.

Guarantees and compensations when combining work with education

This method of guarantees and compensation is applied by the employer, provided:

state accreditation of an educational institution;
successful learning (no debt);
getting an appropriate education for the first time;
combining study and work, if this occurs in several educational institutions, guarantees are provided in one place of study at the choice of a citizen.

The employer is obliged to provide the employee with additional paid. In more detail - Art. 173-177 of the Labor Code of the Russian Federation.

Warranties and compensations upon termination of an employment agreement

When an employee is transferred to permanent, but underpaid position according to a medical opinion, the guarantees are to preserve it average salary within a month from the date of transfer. In the event of a work injury, either occupational disease- until full working capacity or recovery.

In case of temporary disability, the employer pays the employee an allowance.

The employer who is dismissed must pay severance pay:

1) in the amount of the average salary for two weeks - to citizens, if the employment contract is terminated due to:

inconsistency with the position held or the function performed, for health reasons, making it impossible to continue this work and refuse;
conscription of an employee to serve in the army;
reinstatement at work of an employee who performed this work earlier;
refusal to transfer an employee associated with the relocation of an enterprise to another location, etc. (Article 178 of the Labor Code of the Russian Federation).

2) in the amount of the average monthly salary - to citizens, if it breaks due to:

liquidation of the enterprise;
reduction in the number of employees;
violation of the rules established by labor legislation, the conclusion of an employment contract, admitted through no fault of the employee.

Guarantees and compensation to employees in case of delay in issuing a work book, wages

If the deadlines for issuing a work book to an employee are violated, the average daily salary for each delayed day will act as compensation. In addition, the employee can count on the recovery of compensation for moral damage.

Guarantees and compensation to employees for delayed wages are established in a form that is paid regardless of the fault of the employer.

The concept of guarantees and labor rights of an employee

According to the Labor Code of the Russian Federation, guarantees are the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured. The purpose of applying the guarantees established by law is to exercise the rights of employees. Based on this, we can say that guarantees perform a security function in relation to the rights of workers.

V labor law guarantees and compensations are divided into: general and special.

General guarantees include:

when applying for a job;
when transferring to another job;
when paying for labor;
upon termination of an employment contract, etc.

In addition to general guarantees, as mentioned above, employees are provided with special guarantees in the following cases:

directions to a business trip;
moving to work in another area;
fulfillment of public or state duties;
combining study with work;
termination of work through no fault of the employee;
termination of work on certain grounds;
provision of annual paid leave;
delays in issuing a work book to an employee through the fault of the employer.

This list of guarantees is not exhaustive, since there is a list of additional guarantees that are established in agreements, collective agreements, labor contracts and local acts of the organization. In fig. 1 shows the main types of guarantees.

Figure 1. Types of guarantees in labor legislation

A source of funding for guarantees and compensation for employees there can be either funds of the employer, or funds of bodies and organizations, in whose interests the employee performs state or public duties.

The legal regulation of the conditions for the provision of guarantees and compensations is based on federal laws and regulations. An employee's labor rights arise after he has entered into an employment contract with an employer.

The basic rights of an employee are:

provision of work according to the function specified in the employment contract;
the right to working conditions that meet established standards;
the right to receive remuneration for their work.

The rights of employees are of a property and non-property nature.

Property and non-property guarantees to employees

The guarantees that exist for the exercise of the employee's rights may also be of a property and non-property nature.

Definition 1

Non-property guarantees- these are guarantees that do not have a certain value for the employee. For example, if an employee is absent from work due to a violation of the terms of payment of wages, he is guaranteed the preservation of the workplace, the previous working conditions and the non-proliferation of his personal data.

For the period of absence of an employee at the workplace due to non-payment of wages, he is guaranteed the preservation of his average wage. This guarantee is of a property nature, because the employee is provided with property in the form of cash.

Non-property guarantees have distinctive feature, which lies in their connection with the employee's place of work. The main task of non-property guarantees lies in the fact that they must ensure that the employee maintains his previous working conditions, including the workplace. In this regard, the main non-property guarantee is that the employee is provided with the previous place of work after his absence from the workplace for valid reasons, which are recognized as such by legislation, for example, if the deadlines for the payment of wages are violated.

Property guarantees related to the employee's right to receive payment for his work. Therefore, they are always related to the size of the employee's average wage. Thus, property guarantees are directly related to the employee's earnings.

In accordance with all of the above, the main legally significant circumstances characterizing legal concept guarantees within the framework of labor legislation.

Establishment in legislation, collective agreements and agreements, local acts of the organization and employment contract.
Ensuring labor rights provided for by law.
Ensuring the rights provided for by law.

Remark 1

So, guarantees are directly related to ensuring the rights arising in labor relations... But ensuring the labor rights of workers may continue after the termination of labor relations. For example, in case of non-observance of the rules of conduct established by the law, the employer must be compensated for moral damage and losses caused.

Workers' compensation under labor law

Compensations are monetary payments that are established with the aim of reimbursing employees for costs associated with the direct performance of their work functions or with relocation when transferring to work in another locality.

The main purpose of compensation payments is to reimburse the employee for expenses that he incurred in connection with the performance of his work duties or during the move to a new place of work. Also, compensation payments are made for business trips, when sent to work after graduating from a relevant vocational educational institution, when an employee uses personal tools or vehicles while performing his job duties.

In some cases, compensation payments are made together with guarantee payments. But there are cases when compensation payments are not related to the costs of employees and can be presented instead of guarantees, for example, in the case of replacing part of the vacation with monetary compensation. In some cases, legislation allows the simultaneous provision of guarantees and compensations to the employee. An example of such a case is the donation of blood and its components.

Summarizing all that has been said, we note that most guarantees and compensations can be grouped into the following groups (Fig. 2):

depending on the actions of the employer;
related to the employee's rights to a shorter working day and paid vacation;
not dependent on production, but necessary for society and the state;
related to the combination of work and training of an employee;
other guarantees and compensations.

Figure 2. Main groups of guarantees and compensations in labor legislation