Labor Code. Presentation on the topic "labor law" Labor law presentation on law

Plan: Concept of TP, Subject of TP, Goals of TP, Tasks of TP, Labor relations, Labor capacity, Object of TP, Content of TP, Labor agreement, Collective agreement, Working hours, Rest time.

Labor law is an independent branch of law, which is a system of legal norms governing labor relations between employees and employers, as well as other relations closely related to them. In Russia, the main source of labor law is currently the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ

The subject of labor law Employee relations arising in the process of their direct participation in labor.

Objectives: Establishment of state guarantees of labor rights and freedoms of citizens, Creation of favorable working conditions and protection from unemployment, Protection of the rights and legitimate interests of employees and employers.

Tasks of labor legislation: Creation of the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations, the interests of the state.

Functions: Protective, regulatory; educational (the employer forms the employee's labor behavior); production; Social.

Objectives: Creation of the necessary legal conditions for achieving optimal coordination of the interests of the parties to labor relations, the interests of the state. Regulation of labor and other related relations in: labor organization and labor management; employment with this employer; professional training, retraining and advanced training of employees directly with the given employer; social partnership, collective bargaining, collective bargaining and agreements; the participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law; material liability of employers and employees in the labor sphere; supervision and control (including trade union control) over the observance of labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms; the resolution of labor disputes; compulsory social insurance in cases stipulated by the federal laws of the Labor Code of the Russian Federation, Article 1

Labor relations Relationships related to the agreement between the employee and the employer on the personal performance of the employee for a fee of the labor function.

Parties to labor legal relations: Employee is an individual who has entered into labor legal relations with the employer. Employer - an individual or legal entity (organization) that has entered into an employment relationship with an employee.

Labor capacity Arises from the age of 16, with an exception from the age of 14.

An agreement between an employee and an employer, according to which:

The employer undertakes to: Provide the employee with work in accordance with the specified labor function (specialty, qualifications, position), Provide the working conditions stipulated by the legislation, Pay the employee wages in a timely manner and in full. The employee undertakes to: Personally fulfill the job function defined by this agreement, Comply with the internal labor regulations in force in the organization.

The content of the employment contract: the full name of the employee and the name of the employer (full name) who entered into the employment contract; Specific place of work, Date of commencement of work, Name of position, specialty, profession, qualifications of the employee, Rights and obligations of the employer, Characteristics of working conditions, Work and rest hours of the employee, Terms of remuneration of the employee, types and conditions of social insurance of the employee.

Profession The type of labor activity, determined by the nature and purpose of labor functions.

Specialty is a complex of knowledge, skills and abilities acquired through special training and work experience, necessary for a certain type of activity within the framework of a particular profession.

Qualifications Degree and type of professional training, i.e. level of training, experience, knowledge in this specialty.

Types of employment contracts: Perpetual employment contract, Fixed-term employment contract (for a specified period not exceeding 5 years), For the period of work.

Labor book The main document on the labor activity and work experience of the employee.

Description of the presentation for individual slides:

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Plan Sources of labor law. Labor law concept. a) principles of labor law; b) the subject of legal regulation; 3. Labor contract and its significance in the regulation of human labor activity. 4. Features of the collective agreement.

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Article 37 of the Constitution of the Russian Federation enshrines the following provisions: 1. Labor is free. Everyone has the right to freely dispose of their abilities for work, to choose their type of activity and profession. 2. Forced labor is prohibited. The Constitution of the Russian Federation establishes: The right to work safety (Article 37. Part 3) Legislative definition of the minimum wage (Article 37. Part 3) Legally guaranteed right to strike (Article 37. Part 4) The right to rest of workers (Article 37. Part 5)

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LABOR LAW is a branch of law that regulates relations between an employee and an employer. Subjects of legal relations An employee is an individual who has entered into an employment relationship with an employer. Employer - an individual or legal entity (organization) that has entered into an employment relationship with an employee. The content of labor relations is made up of certain rights and obligations that the parties acquire in the process of labor activity

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Article 2. Labor Code of the Russian Federation Basic principles of legal regulation of labor relations: Freedom of labor, the right to dispose of one's ability to work, to choose a profession and occupation; Prohibition of forced labor and discrimination in the world of work; Protection from unemployment and assistance in employment. Ensuring the right of every employee to fair working conditions, the right to rest, days off, paid annual leave. Equality of rights and opportunities for employees Ensuring the right of every employee to timely and full payment of fair wages, not lower than the minimum wage established by federal law. Ensuring the right of workers and employers to associate to protect their rights and interests, including the right of workers to form and join trade unions.

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The subject of legal regulation of labor law: The emergence, change, termination of labor relations Duration of working hours and hours of rest Labor discipline and other The subject of legal regulation of the branch of law is certain social relations.

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Institute of wages Institute of labor contract Institute of working time Institute of leisure time, etc. Legal Institute is a set of homogeneous legal norms, isolated within the industry. Unlike the industry, it regulates not all certain relations, but their individual aspects.

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Article 56. The concept of an employment contract. An employment contract is an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions, and the employee undertakes to personally perform the labor function specified in this agreement, to comply with the internal labor regulations. The parties to the employment contract are the employer and the employee.

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Obligations of the employee Obligations of the employer 1. Conscientiously fulfill his labor duties assigned to him by the labor contract 2. Observe the internal labor regulations 3. Observe labor discipline Observe the established labor standards 4. Observe labor protection and labor safety requirements. 5. Take good care of the property of the employer and other employees 6. Immediately inform the employer about a situation that poses a threat to the life of people, the safety of the employer's property 1. Observe laws and other regulatory legal acts 2. Provide employees with work stipulated by the employment contract 3. Ensure labor safety and conditions that meet occupational health and safety requirements. 4. Provide employees with equipment, tools, technical documentation and other means necessary for the performance of their work duties. 5. To provide workers with equal pay for work of equal value. 6. To pay wages in full within the terms established by the legislation. 7. Provide employees' representatives with complete and accurate information. 8. Perform other duties provided for by the Labor Code of the Russian Federation.

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The employee has the right to the rights of the employer to conclude, amend and terminate an employment contract in the manner prescribed by law; provision of work under an employment contract; a workplace that meets the labor safety conditions; timely and full payment of wages; rest and normal working hours; complete reliable information about working conditions and labor protection requirements at the workplace; association, including the right to form trade unions; participation in the management of the organization; protection of their labor rights, freedoms and legal interests in all ways not prohibited by law; Compulsory social insurance, etc. conclude, amend and terminate employment contracts with employees in the manner prescribed by law; Conduct collective bargaining and bargaining; Encourage employees for conscientious and effective work; Require employees to fulfill their labor obligations and respect the property of the employer and other employees, to comply with the internal labor regulations; Bring employees to disciplinary responsibility; Adopt local regulations, etc.

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The term for concluding an employment contract For an indefinite period (unlimited) For a specified period of not more than five years (fixed-term) An employment contract may be concluded with persons who have reached the age of 16 years. In the case of obtaining basic general education, an employment contract can be concluded by persons who have reached the age of 15. With the consent of one of the parents (guardian, trustee) and the guardianship and guardianship authority, an employment contract can be concluded with a student who has reached the age of 14.

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Mandatory conditions for concluding an employment contract: The employment contract specifies: surname, name, patronymic of the employee; the name of the employer (surname, name, patronymic of the employer-individual); specific place of work; start date of work; the name of the position, specialty, profession, qualifications; the rights and obligations of the employee; the rights and obligations of the employer; characteristics of working conditions; work and rest regime; terms of remuneration; types and conditions of social insurance. Each employment contract may contain additional conditions: on a probationary period, on nondisclosure of state or commercial secrets, on the conditions for training a profession at the expense of the enterprise, etc.

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Termination of an employment contract - Chapter 13. (Articles 77-84) of the Labor Code of the Russian Federation Termination of an employment contract by agreement of the parties; Expiration of the term of a fixed-term employment contract, except for cases when the employment relationship actually continues and none of the parties requested their termination; Termination of an employment contract at the initiative of the employee; Termination of an employment contract at the initiative of the employer; The transfer of an employee at his request or with his consent to another employer or transfer to an elective position; The employee's refusal to continue working due to changes in the essential conditions of the employment contract; Circumstances beyond the control of the parties.

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A collective labor agreement is a legal act that regulates social and labor relations in an organization and is concluded by employees and the employer represented by their representatives. Forms, systems and amounts of remuneration Payment of benefits, compensations Mechanism for regulating remuneration Working hours and rest time Improvement of working conditions and safety of workers Employment, retraining, conditions for the release of workers amendments and additions to it Responsibility of the parties

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Inna, a professional college graduate, got a job as a hairdresser. To conclude an employment contract, she brought a work book. What other documents, according to the Labor Code of the Russian Federation, should Inna present to the employer? Write down the numbers under which they are indicated. Extract from the financial and personal account Passport of a citizen of the Russian Federation Driver's license Certificate for registration of ownership of a residential premises Insurance certificate of state pension insurance Diploma of secondary vocational education Answer: 256

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According to the Labor Code of the Russian Federation, one of the employer's obligations is 1) to bring employees to disciplinary responsibility 2) to conclude, amend and terminate employment contracts with employees 3) to reward employees for conscientious work 4) to provide employees with equal pay for work of equal value Answer: 4

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Are the following judgments about termination of an employment contract correct? Common grounds for termination of an employment contract include A. agreement of the parties, expiration of the term of the employment contract. B. the initiative of the employee or employer Only A is correct. Only B is correct. Both judgments are correct Both judgments are incorrect Answer: 3

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Are the following judgments about employee rights true? A. The basic rights of the employee include the observance of labor discipline. B. One of the rights of an employee is to receive complete and reliable information about working conditions. 1) Only A is true 2) Only B is true 3) Both statements are true 4) Both statements are false Answer: 2

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Read the text in which a number of words (phrases) are missing. Select from the proposed list the words (phrases) that you want to insert in place of the gaps. “The concerns of trade unions are directly related to the ______________ (A) of the work that their members are doing. And yet all professional associations have common goals. The most important of these are improving the ______________________ (B) worker and ensuring his safety. They are also cared for by providing _______________ (B) to adolescents and women (especially those who are pregnant or have young children). A constant concern of trade unions is the reduction of ____________________ (D) workers in production or their injury. It is under pressure from trade unions in most civilized countries of the world that __________________ (D) and norms are now adopted to ensure a decrease in industrial injuries. But in the world of economics, everything has a price. Such activity of trade unions leads to a real rise in the cost of labor for _________________ (E). List of terms: 1. working conditions 2. professionalism 3. risk of death 4. special laws 5. benefits 6. wages 7. features 8. firms - buyers 9. insurance

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“The concerns of trade unions are directly related to the characteristics (A) of the work that their members are doing. And yet all professional associations have common goals. The most important of them are improving the working conditions (B) of the employee and ensuring his safety. They are also concerned about the provision of benefits (B) to adolescents and women (especially those who are pregnant or have young children). The constant concern of trade unions is to reduce the risk of death (D) workers at work or getting them injured. It is under pressure from trade unions in most civilized countries of the world that special laws (D) and norms have now been adopted to ensure a decrease in industrial injuries. But in the world of economics, everything has a price. Such activity of trade unions leads to a real rise in the cost of labor for the firm - the buyer. (E). A B C D E F 7 1 5 3 4 8

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Name and illustrate with examples any three basic employer rights enshrined in the Labor Code of the Russian Federation. Answer: Conclude, modify and terminate employment contracts with employees (for example, following the certification of employees, the owner of the company decided to terminate the employment contract with employee Yu.) proposed his own version of organizing recreation for employees and their families). Encourage employees for conscientious, effective work (for example, the director signed an order to reward the best workers in his plant). Require employees to fulfill their job duties and respect the property of the employer, to comply with internal labor regulations (for example, the director of the bus fleet requires drivers to maintain order and cleanliness in the cabin, remind passengers not to spoil the seats and litter the bus.

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What is the meaning of social scientists in the concept of "labor law"? Drawing on knowledge of the social science course, make two sentences: one sentence containing information on the types of disciplinary sanctions, and one sentence defining the aspects of the employment relationship. Answer: The meaning of the concept: "Labor law is a branch of law that regulates labor relations: the conclusion, amendment and termination of employment contracts, working hours and rest time." The following sentences can be given: - "Disciplinary penalties are of the following types: reprimand, reprimand, dismissal." - “Employer and employee are supporters of labor relations”.

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What is the meaning of social scientists in the concept of "employment contract"? Drawing on knowledge of the social science course, make two sentences: one sentence containing information on the age of concluding an employment contract as a general rule, and one sentence revealing any feature of concluding an employment contract with underage workers. Answer: An employment contract is an agreement between an employee and an employer that establishes their mutual rights and obligations. The following suggestions can be given: - The conclusion of an employment contract, as a general rule, is allowed with persons who have reached the age of sixteen years. - An employment contract can be concluded with a student who has reached the age of fourteen years, with the written consent of one of the parents (guardian) or the guardianship and trusteeship body, to perform light work in his free time that does not harm his health and does not interfere with the learning process.

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What is the meaning of social scientists in the concept of "wages"? Drawing on your social science knowledge, make two sentences: one for information on wage patterns and one for any reason for persistent wage differentials. Answer: The meaning of the concept, for example: - Payment for labor services provided by employees. - Salary - remuneration that the employer is obliged to pay to the employee in accordance with the quality of his work under the terms of the employment contract Proposal with information on the forms of wages: There is payment in the form of salary, piecework and bonus forms of remuneration. A proposal that reveals any of the reasons for persistent wage differentials: One of the reasons for persistent wage gaps is the differing qualifications of workers. Other proposals may be drawn up.

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During the summer holidays, 17-year-old schoolboy Pavel decided to get a job as a night watchman in a kindergarten. But the employer refused to hire Pavel. Is the employer's actions lawful? Explain your answer. Name any two features of labor regulation for workers under 18 years of age. Answer: 1). the employer's actions are lawful; 2). explanations, for example: The Labor Code of the Russian Federation prohibits the use of labor by persons under the age of 18 at night; 3). two features: an employee under the age of 18: hired without a probationary period; cannot work at night; has the right to a shortened working week; cannot be recalled from vacation; has the right to a paid vacation of 31 calendar days at a time convenient for him. Explanation and features can be given in other, similar formulations.

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Make a complex outline for a detailed answer on the topic "Labor Relations". One of the options for the disclosure plan for this topic: Plan. Definition of labor relations. Participants in labor relations, their rights and obligations: a) employees; b) employers. 3. The conclusion of an employment contract is a prerequisite for the emergence of labor legal relations. Grounds for termination of the employment contract: a) agreement of the parties; b) the expiration of the contract; c) termination of the employment contract at the initiative of the employee; d) violation of labor discipline by an employee; e) liquidation of the organization, etc. 5. Labor dispute and ways to resolve it. 6. Peculiarities of minors' work: a) probationary periods are not allowed; b) shorter working hours; c) lowered production rates; d) vacation 31 calendar days at any time convenient for the employee, etc. 7) Peculiarities of labor relations in modern Russia.

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Make a complex outline for a detailed answer on the topic "Employment contract". One of the options for the disclosure plan for this topic: Plan. The concept of an employment contract. Labor Code of the Russian Federation as the main source of labor law. Types of employment contracts: a) unlimited (for an indefinite period); b) urgent (no more than 5 years). 4) The rights and obligations of the employee included in the employment contract: a) the duration of the working time; b) the amount of wages; c) functional duties of the employee; d) duration and frequency of vacations; e) material liability of the employee, etc. 5). Obligations of the employer under the employment contract: a) remuneration of the employee; b) ensuring safe working conditions, etc. 6) Employment book - the main document confirming the labor activity and length of service of the employee.

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Slide captions:

Labor law grade 11. Social science

Declaration of human and civil rights and freedoms; Convention on the Rights of the Child Constitution of the Russian Federation; Labor Code of the Russian Federation; Separate labor laws; By-laws; Corporate regulations; Laws are needed not only to intimidate citizens, but also to help them. Voltaire

Article 37 of the Constitution of the Russian Federation free we pay for the right to resolve disputes safe the right to rest voluntary LABOR

Parties to labor relations employee employer

Citizens as subjects of labor law Labor capacity Labor capacity Labor legal personality

work should be lightweight; work should not harm physical health and morale; work should not interfere with learning; written consent from one of the parents. you can get a job and bear all the responsibilities arising from this. Labor personality full labor personality from 16 years incomplete labor legal personality from 14 years old From 15 years old, if you have received basic general education.

Obligations of the parties Citizen work conscientiously to observe labor discipline to protect property to comply with labor standards The employer rationally use labor to create working conditions to pay for labor to carry out advanced training

LABOR CONTRACT

Employment contract An agreement between an employee and an employer. Parties to an employment contract employer employee

Types of employment contracts Art. 58, 61 If the term of its validity is not stipulated in the employment contract, then the contract is concluded for an indefinite period. An employment contract comes into force on the day it is signed. If the employment contract does not stipulate the start date of work, the employee must start work the next day after the entry into force of the contract. If the employee did not start work on time without good reason within a week, then the employment contract is canceled indefinite (validity period is indefinite) urgent (concluded for a period not exceeding 5 years)

Content of the employment contract Art. 57 The employment contract specifies: the name of the employee and the name of the employer; place of work; start date of work; the name of the position, specialty, profession; the rights and obligations of the employee; the rights and obligations of the employer; characteristics of working conditions; work and rest regime; terms of remuneration; types and conditions of social insurance directly related to work.

The age at which it is allowed to conclude an employment contract Art. 63 14 15 16 with the written consent of one of the parents independently obtaining basic general education, or leaving the educational institution in accordance with federal law

Documents presented when concluding an employment contract Art. 65 passport or other identity document; employment history; insurance certificate of state pension insurance; military registration documents (for those liable for military service); a document confirming education, qualifications or special knowledge. When concluding an employment contract for the first time, the work book and the insurance certificate of the state pension insurance are drawn up by the employer.

An employment contract is concluded in writing, in duplicate, each of which is signed by the parties (Article 67); One copy of the contract is given to the employee, the other is kept by the employer (Art. 67); Hiring is formalized by an order issued on the basis of a concluded employment contract (Art. 68); For persons under 18 years of age, when hiring, a probationary period is not established (Art. 70).

Grounds for termination of an employment contract on the day of dismissal of an employee is the last day of his work agreement of the parties to Art. 78 on the initiative of the employer, Art. 81 refusal of an employee to work in connection with a change in the essential terms of the contract of Art. 73 circumstances beyond the control of the parties to Art. 83 transfer of the employee expiration of the term of the employment contract Art. 58 at the initiative of the employee of art. 80

Termination of the employment contract on the initiative of the employee to notify in writing 2 weeks in advance by agreement of the parties may be terminated before the expiration of the line before the expiration of the term, the employee may withdraw his application on the last day, the employer is obliged to issue the employee a work book to make the final settlement

Termination of the employment contract on the initiative of the employer; liquidation of the organization; reduction in the number of employees of the organization; inconsistency of the employee with the position; change of the owner of the property of the organization; repeated non-performance by the employee without good reason of work duties; absenteeism (absence without good reason for more than 4 hours in a row); appearance at work in a state of alcoholic, drug or other toxic intoxication.

Termination of an employment contract due to circumstances beyond the control of the parties; conscription of an employee for military service; reinstatement of an employee who previously performed this work at work, by a court decision; not being elected to office; conviction of the employee to punishment, in accordance with the court's verdict; recognition of the employee as completely incapacitated; death of an employee.

DO NOT DISMISS AN EMPLOYEE: During an employee's illness; During the employee's vacation.

Protection of the rights of the employee In case of violation of the rights of the employee upon termination of the employment contract with him on the initiative of the employer, you need to go to court within one month from the date of dismissal.

WORKING AND REST HOURS

Working time is a statutory period of time during which an employee must perform his or her work duties. TYPES OF WORKING TIMES NORMAL INCOMPLETE EXTREME ABBREVIATED

Normal Business Hours Business Day: 7 hours on a 6-day business week; 8 hours with a 5-day work week. Work shift: the time that the employee must work according to the schedule during the day; may be longer than a working day, but it is necessary that the norm established by law is observed within a month. Working week: should not exceed 40 hours. Working month. Working year.

Reduced working hours Established for certain categories of workers: minors: from 16 to 18 years old - no more than 35 hours per week; from 15 to 16 years old, as well as students from 14 to 16 years old, working during the holidays - no more than 24 hours a week; students working in their free time - half of the norms indicated for their age. employed at work with harmful working conditions: depending on the hazard - 36-hour or 24-hour working week; workers whose work is associated with increased mental, emotional and nervous tension: 36 hours a week. employees - invalids of I and II groups: no more than 35 hours per week.

Part-time work The employer cannot refuse: pregnant women; women with children under the age of 14 or a disabled child under 18; caregiver for a sick family member. decrease in the working day decrease in the number of working days per week

Overtime work work performed by an employee on the initiative of the employer outside the established working hours, as well as work in excess of the normal number of working hours during the reference period. It is not allowed to engage in overtime work: pregnant women; workers under the age of 18. should not exceed 4 hours for two consecutive days should not exceed 120 hours per year

Rest time breaks during the working day vacation weekends holidays daily rest

LABOR LAW AND MINORS

Applying for work Article 266 all persons under the age of 21 are hired only after a mandatory preliminary medical examination; employees under the age of 18 are subject to an annual medical examination.

Bans on certain types of work Art. 265, 268 hard work; harmful work; hazardous work; underground work; night work; overtime work; works that harm moral development; work related to full material responsibility; work performed with a long absence from the place of permanent residence.

Restrictions on carrying weights Art. 265 is the maximum allowable rate when lifting weights. 10 kg adolescents under 18 years of age should under no circumstances be hired for work that exclusively involves carrying heavy loads.

Labor standards for minors Art. 92 for employees under the age of 16 - 24 hours per week; for employees between the ages of 16 and 18 - 36 hours per week Art. 94 The duration of daily work cannot exceed: for employees aged 15 to 16 years - 5 hours, at the age from 16 to 18 years old - 7 hours for students of educational institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, from 14 to 16 years old - 2.5 hours, from 16 to 18 years old - 4 hours

Leave granted to minors Art. 122 annual paid leave. employees under the age of 18 - the right to use leave for the first year of work can be granted before the expiration of 6 months. Art. For 267 employees under the age of 18, annual paid leave is set for at least 31 calendar days and can be used at any time of the year that suits them.

Remuneration for work of minors Wages of persons under 18 years of age, with reduced working hours, are paid in full. Exception (Art. 271) the labor of pupils of general education schools, lyceums, working in their free time from studies, is paid in proportion to the time worked or depending on the production rate.

UNEMPLOYMENT ... There is nothing more unbearable than idleness. Charles Darwin

The unemployed are able to work; have no earnings; registered with the Employment Service in order to find a suitable job; looking for a job; ready to start at any time.

The state is obliged to provide every person with employment, and if this is not possible, then to protect him from unemployment. HELP TO CITIZENS IN SEARCHING FOR JOB UNEMPLOYMENT BENEFITS PROFESSIONAL TRAINING AND RETRAINING

Categories of people who cannot be recognized as unemployed PERSONS UNDER 16 YEARS OLD PERSONS WHO HAVE NOT APPEARED WITHIN 10 DAYS FROM THE MOMENT OF REGISTRATION TO OFFER THEM A JOB PERSONS REFUSED DURING 10 DAYS FROM THEIR REGISTRATION FROM TWO WORKERS

Suitable work must correspond to the level of professional training of the citizen; must meet the conditions of the last place of work; health status must be taken into account; transport accessibility must be taken into account; earnings should not be lower than the average earnings at the last place of work, if it did not exceed the average earnings in the given locality Any job can be offered: to those looking for a job for the first time and to those without a profession who are registered for unemployment for a very long time (more than 18 months)

Registration of unemployed Documents registration is carried out within 10 days from the moment of contacting the Employment Service at the place of residence certificate of earnings for the last three months passport work book certificate of residence (for those looking for a job for the first time) diploma of education

unemployment benefits for the main category of citizens are paid before employment, but no more than 12 months, the minimum salary in Voronezh from January 1, 2012. - 4 611 rubles. the value of the subsistence minimum per capita in the I quarter of 2012 in the Voronezh region - 7187 rubles. if this period has passed, and no job is found, unemployment benefits are paid, in the amount of the minimum wage

PRACTICAL PART

Labor law

Basic concepts and norms of labor law

"Labor" "Work"

Work is not only the main life activity of a person, his most important need, but also a condition for his well-being.

Work – work activity of a person holding a certain position

1. Labor relations

Constitution of the Russian Federation:

“Labor is free. Everyone has the right to freely dispose of their ability to work, to choose their type of activity and profession. "

Labor relations is a relationship between an employee and an employer based on an employment contract and regulated by labor law .

In our society, labor relations are regulated by norms

• Constitution of the Russian Federation,
• Labor Code of the Russian Federation,
• The Law "On employment of the population in the Russian Federation"

The participants in the employment relationship are called subjects of labor law

employer - an individual or a legal entity that has entered into an employment relationship with an employee

worker - an individual who has the right and the ability to work under an employment contract

The basic rights and obligations of the employee and the employer are enshrined in Articles 21 and 22 of the Labor Code of the Russian Federation.

The agreement between the employer and the employee is drawn up in the form of an employment contract.

The essence of law

Prohibition of forced labor

Prohibits any work or service demanded of any person under threat of any kind of punishment, as well as work for which that person has not voluntarily offered his services. The unemployment of a citizen cannot serve as a basis for bringing him to justice. At the same time, the fulfillment of certain public duties is not considered forced labor: - military service; - work in emergency conditions; - work on the basis of a court verdict that has entered into legal force

The right to work safety

Establishes that everyone has the right to work in conditions that meet safety and hygiene requirements

The essence of law

Legislative definition of the minimum wage

Imposes an obligation on any employer to pay its employees remuneration for work not lower than the legally established minimum

Legally guaranteed right to strike

Guarantees employees the right to voluntarily refuse to perform their work duties in order to resolve a collective labor dispute. Its implementation is possible only if the conciliation procedures did not lead to the resolution of the labor conflict, and also provided that the employer avoids conciliation procedures, does not fulfill the agreements reached in the course of resolving the collective labor dispute

Workers' right to rest

Guarantees the duration of working hours, weekends and holidays established by federal law, paid annual leave

2. The procedure for hiring

Documents when applying for a job :

• the passport,

• employment history ,

• insurance certificate of the state. pension insurance,

• military registration documents

• , documents on education and qualifications

Employment history

Employment history is the main document about a person's labor activity .

It includes information about the employee, work performed by him, transfers to another permanent job, dismissal from his position.

Based on these records, the labor force is calculated experience employee. Also, information about rewards for success in work is entered in the work book.

Labor contract

• Labor contract is an agreement between an employer and an employee, according to which
• the employee undertakes: to personally perform the labor function defined by this agreement; comply with the internal labor regulations in force in the organization;
• the employer undertakes: provide the employee with work in accordance with the specified labor function (specialty, qualifications, position); ensure the working conditions stipulated by law and pay the employee wages in a timely manner and in full.

Labor contract

Terms of employment contract

• place of work,
• her character,
• salary,
• the contract can be concluded either for a specified period (no more than five years), or for an indefinite period (unlimited).
• probationary period from three to six months
• the terms of the employment contract may change in the course of work

Labor contract

The contract is concluded

in a written form,

drawn up in duplicate, each of which is signed by the employee and the employer.

One copy of the employment contract is handed over to the employee (you), the other is kept by the employer

The employment contract specifies:

The necessary conditions

Additional terms

Surname, name, patronymic of the employee

Fare payment to the place of work

(may or may not be)

Name of the employer (full name of the employer - individual)

Specific place of work

Probation

Start date

Providing places

in preschool educational institution for the child of an employee, etc.

Name of position, specialty, profession, employee qualifications

Employer's rights and obligations

Characteristics of working conditions

Work and rest regime of the employee

Employee remuneration conditions

Types and conditions of employee social insurance

As a general rule, the conclusion of an employment contract is allowed with persons who have reached the age of 16 years.

In some cases, an employment contract can also be concluded with 15-year-olds.

To perform light work that does not harm health and does not interfere with the learning process, in their free time from school, an employment contract can be concluded with students who have reached the age of 14, but only with the consent of one of the parents (guardian, trustee).

• Collective agreement- a legal act regulating social and labor relations in an organization and concluded by employees and the employer in the person of their representatives.

• The collective agreement is concluded for a period no more than three years and usually comes into force on the day it is signed by the parties.
• It applies to all employees of the organization.

The collective agreement includes the mutual obligations of the employees and the employer on the following issues:

- forms, systems and amounts of remuneration;

- payment of benefits, compensations;

- a mechanism for regulating labor remuneration, taking into account the rise in prices, the level of inflation;

- employment, retraining, conditions for the release of workers;

- working hours and rest hours of employees;

- improvement of working conditions and labor protection of employees;

- environmental safety and health protection of workers at work;

- control over the implementation of the collective agreement, the procedure for introducing amendments and additions to it, the responsibility of the parties

Working week for certain categories of workers

Number of hours per week

Normal working hours: - 40 hours

Overwhelming most workers

Reduced working hours: - 36 hours

- Aged workers from 16 to 18 years old;

- 35 hours

Employees who are disabled 1st or 2nd group

- 30 to 36 hours

Workers employed in work with harmful and (or) dangerous working conditions

- 24 hours

Aged workers under 16

- 12 hours

Students of educational institutions under the age of 18, working during the academic year in their free time

The Labor Code of the Russian Federation establishes only the maximum duration of working time, its minimum duration is not defined by legislation.

The Labor Code introduces restrictions on daily working hours.

Overtime work

carried out by the employer with the written consent of the employee in the following cases:

- at production of work necessary for the defense of the country, as well as to prevent an industrial accident or eliminate its consequences or natural disaster;

- at the production of socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communications and - to eliminate unforeseen circumstances that disrupt their normal functioning;

Overtime work is work performed by an employee at the initiative of the employer outside the established normal working hours.

Engaging in overtime work

- if necessary, carry out the work begun, the failure of which may entail damage or destruction of property or pose a threat to the life and health of people;

Engaging in overtime work

- when performing temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction can cause the termination of work for a significant number of workers;

- to continue work in the absence of a shift worker, if she does not allow a break.

Time relax - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion.

Time relax

Types of rest time

Duration

Breaks during the working day

Peculiarity

No more than two hours

Daily rest

Weekend

and not less than 30 minutes

The break for rest and meals is not included in business hours. The employee has the right to leave the place

From the end of a shift to the beginning of the next

Non-working holidays

Most often used for indoor activities and sleep

At least 42 hours

work shift

The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or the internal labor regulations of the organization. As a rule, both days off are provided in a row

The total amount for the year is 11 days

Holidays

If a day off and a non-working holiday coincide, the day off is transferred to the next working day after the holiday

At least 28 calendar days

Paid leave must be granted to the employee annually. The recall of an employee from vacation in order to attract him to work is allowed only with his consent

Labor discipline (labor discipline) is compulsory for all employees to comply with the rules of conduct determined in accordance with labor legislation, collective bargaining agreements, agreements, labor contracts, local regulations of the organization.

The Labor Code of the Russian Federation provides that the employer is obliged to create the conditions necessary for employees to comply with labor discipline.

Labor protection is a system of preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, therapeutic and prophylactic and other measures.

Labor disputes

Types of labor disputes

Causes of occurrence

Individual dispute - unresolved disagreements between the employer and the employee on the application of laws and other regulatory legal acts containing labor law norms, collective agreements, agreements, labor contracts

Possible ways of resolution

Employee disagreement

with payroll,

Consideration by labor dispute commissions or in court

with a transfer to another job, the imposition of a penalty on him, a change in working conditions, etc.

Labor disputes

Types of labor disputes

Causes of occurrence

Collective labor dispute - unresolved disagreements between employees and employer

Possible ways of resolution

Establishment and change of working conditions (including wages), conclusion, change and implementation of the collective labor agreement, agreements, as well as the refusal of the employer to take into account the opinion of the elected representative body of employees when adopting acts containing labor law norms

Consideration by a conciliation commission; mediator; labor arbitration

If a solution to the labor dispute is not found, the labor collective has the right to strike.

Strike- temporary voluntary refusal of employees to fulfill their labor duties (in whole or in part) in order to resolve a collective labor dispute.

The decision to strike adopted at the general meeting of the labor collective by at least two-thirds of the votes.