The labor relationship always has a certain character. Labor relations and its features. The concept of labor relations. Features of the labor relationship

labor legal relationship civil

O. V. Smirnov gives the definition as follows: labor rights relations: “the labor legal relationship is a legal form of expression of the social and labor relationship that develops in the labor market between the employee and the employer, according to which one party (the employee), being included in the labor collective of the organization, is obliged to perform a certain type of work with subordination to the internal rules established there labor regulations, and the other party (the employer) is to provide the employee with work in accordance with the specialty, qualification or position stipulated by the agreement (contract), pay for his work and create working conditions favorable for health and personal development.”

According to Art. 15 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) labor Relations- this is a relationship based on an agreement between the employee and the employer about the personal performance of the employee for payment labor function(work according to position in accordance with staffing table, profession, specialty indicating qualifications, the specific type of work assigned), the employee’s subordination to internal labor regulations while the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, employment contract.

The labor relationship has characteristic, inherent features.

In conditions of collective work of workers, of this employer(in an organization) various social relations arise, which are regulated by such social norms, as traditions, customs, moral norms, statutes (regulations) about public associations etc.

In contrast to these social relations, the labor relationship, regulated by the norms of labor law, is a legal relationship regarding the use of the labor of a citizen (individual) as an employee. The latter is opposed by the employer, which can be either entity(organization) and individual - individual entrepreneur, or a citizen entering into labor relations with an employee using his labor. Thus, the subjects of the labor relationship are the employee and the employer.

The next feature of the labor legal relationship is the complex composition of the rights and obligations of its subjects, which is manifested as follows. Firstly, each of the subjects acts in relation to the other both as an obligated and as an authorized person; in addition, each of them bears not one, but several responsibilities to the other. Secondly, for some of the employer’s obligations he is responsible himself, for others, liability may arise from the manager acting on behalf of the employer as a management body, or they may bear simultaneously, but different responsibilities (for example, in case of non-payment wages the employer becomes financially liable, and the manager (director) may be brought to disciplinary or administrative or criminal liability).

Based on the fact that the responsibilities of one subject of a legal relationship correspond (correspond) to the rights of another and vice versa, it is obvious that the labor legal relationship is characterized by a complex of mutual rights and obligations. This feature is associated with another feature of the labor legal relationship: it covers the entire complex of mutual rights and obligations of subjects in indissoluble unity, that is, despite the complex composition of rights and obligations, the labor legal relationship is a single legal relationship.

In the science of labor law, there are positions of scientists who defend the independence of legal relations according to financial liability workers and employers as related to labor relations. Attempts to destroy this integrity, to snatch from an inextricable complex individual combinations of rights and obligations do not indicate the emergence of new types of legal relations (on disciplinary or material liability), but lead to the “splitting” of a single complex labor legal relationship.

And finally, a feature of the employment relationship is its ongoing nature. In labor relations, the rights and obligations of subjects are implemented not by one-time actions, but systematically or periodically by performing those actions that are necessary, in accordance with the established rules. work time(working day, shift, week, month, etc.). The performance of a labor function by an employee in compliance with internal labor regulations after a certain time (two weeks) triggers response actions from another entity. The employee has the right to receive payment for his work and the employer has the obligation to pay the appropriate wages. This does not mean the constant emergence of new “types” of legal relations, but indicates the ongoing nature of a single labor legal relationship and the constant implementation of the rights and obligations of its subjects.

Only for educational purposes, its elementary connections are distinguished from the labor legal relationship, but one should not forget about all of its above-mentioned features, including the complex nature of the rights and obligations of the subjects of this legal relationship.

The labor legal relationship is not some kind of abstraction; in real life, labor legal relationships have a very specific embodiment. In a specific case, each citizen (individual) who has entered into an employment contract has an individual labor relationship with a specific employer, which is associated with labor activity. However, it must be borne in mind that persons who have entered into civil law contracts (contracts, assignments, paid provision services, copyright agreement, etc.). For the first time in the Labor Code of the Russian Federation in Art. 15 establishes a definition of an employment relationship, which makes it possible to distinguish it from related legal relationships arising from these civil law contracts. The definition of the employment relationship establishes the binding agreement between the employee and the employer on the employee’s personal performance of a labor function for a fee, subject to the rules of internal labor regulations, under the guidance of the employer, ensuring the necessary conditions and employee compensation. We can say that the object of regulation in this case is living labor, its conditions and wages.

Thus, the characteristic features of an employment relationship that make it possible to distinguish it from related ones, including civil law relations, include the following.

• · The personal nature of the rights and obligations of an employee who is obliged to personally participate only through his labor in the production or other activities of the organization (employer). An employee does not have the right to represent another employee in his place or entrust his work to another, just as an employer does not have the right to replace an employee with another, except in cases established by law (for example, during the employee’s absence due to illness, etc.). There are no such restrictions in civil law, where the contractor has the right to involve other persons in performing the work.
• · The employee is obliged to perform a specific, predetermined labor function (work in a certain specialty, qualification or position), and not a separate (separate) individually specific task by a certain deadline. The latter is typical for civil obligations associated with labor activity, the purpose of which is to obtain a specific result (product) of labor, to complete a specific assignment or service by a certain date, i.e. performing work is only a way to fulfill an obligation.
• · The performance of the labor function is carried out in the conditions of common (cooperative) labor, which necessitates the subordination of the subjects of the labor legal relationship to the internal labor regulations adopted by the employer (organization) in the manner prescribed by law. Performing a labor function and the associated subordination to internal labor regulations means the inclusion of citizens in the collective of workers (staff) of a given employer (organization).

All three of these features constitute characteristic features of a citizen’s work as an employee, as opposed to a subject of civil law relations. At the same time, as is known, a single and complex labor relationship combines both coordination and subordination ties, where freedom of labor is combined with subordination to the internal labor regulations; this is impossible in civil law terms based on the fundamental principles of civil law.

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

A characteristic feature of the labor legal relationship is also the right of each of the subjects to terminate this legal relationship without any sanctions in compliance with established order. At the same time, the employer is obliged to warn about the dismissal of an employee on his initiative in established cases and pay severance pay in the manner prescribed by labor legislation.

Labor relationship- this is a social-labor relationship arising on the basis of an employment contract and regulated by the norms of labor law, according to which one subject - the employee - undertakes to perform a labor function subject to the rules of internal labor regulations, and the other subject - the employer is obliged to provide work, ensure healthy and safe working conditions and pay the employee in accordance with his qualifications, complexity of work, quantity and quality of work. The labor relationship is characterized by certain inherent characteristics. The characteristic features of an employment relationship that allow it to be distinguished from related ones, including civil law relations, include the following. 1. The personal nature of the rights and obligations of an employee who is obliged only through his labor to participate in the production or other activities of the organization (employer). An employee does not have the right to represent another employee in his place or entrust his work to another, just as an employer does not have the right to replace an employee with another, except in cases established by the Law (for example, during the employee’s absence due to illness, etc.). There are no such restrictions in civil law, where the contractor has the right to involve other persons in performing the work. 2. The employee is obliged to perform a certain, predetermined labor function (work in a certain specialty, qualification or position), not a separate (separate) individual specific task by a certain date. The latter is typical for civil obligations associated with labor activity, the purpose of which is to obtain a specific result (product) of labor, to complete a specific assignment or service by a certain date.3. Specifics labor relations It also lies in the fact that the performance of the labor function is carried out in conditions of common (cooperative) labor, which necessitates the subordination of the subjects of the labor legal relationship to the internal labor regulations established by the organization (employer). Performing a labor function and the associated subordination to internal labor regulations means the inclusion of citizens in the workforce ( labor collective) organizations. All three features mentioned in this paragraph constitute the characteristic features of a citizen’s work as an employee, in contrast to the subject of a civil law relationship. It is well known that a single and complex labor legal relationship combines both coordination and subordination elements, where freedom of labor is combined with subordination to internal labor regulations. This is impossible in civil law terms, based on the fundamental principles of civil law enshrined in Art. 2 Civil Code of the Russian Federation. 4. The paid nature of the employment relationship is manifested in the response of the organization (employer) to the performance of work - in the payment of wages, as a rule, in cash. The peculiarity of the labor legal relationship is that payment is made for live labor expended, carried out by the employee systematically during established working hours, and not for a specific result of materialized (past) labor, the execution of a specific order or service, as in a civil law relationship. 5. A characteristic feature of the labor legal relationship is also the right of each of the subjects to terminate this legal relationship without any sanctions in compliance with the established procedure. At the same time, the employer is obliged to warn about the dismissal of an employee on his initiative in established cases and pay severance pay in the manner prescribed by the labor law. The main responsibilities of an employer can be grouped as follows::a) providing work for a specified labor function and, accordingly, ensuring the actual employment of this employee as a performer of the labor function, as well as creating conditions that ensure its productive implementation; b) ensuring healthy and safe working conditions provided for by labor legislation, collective agreement and agreement of the parties; c) payment of wages taking into account the complexity of the work and the quality of the work in accordance with the amount stipulated by the agreement, as well as providing guarantee and compensation payments; d) meeting the social and everyday needs of the employee.

For the first time in the Labor Code of the Russian Federation a definition of the concept is given "labor Relations"(v. 15). IN this definition establishes the binding nature of the agreement between its parties - the employee and the employer, which underlies this relationship about the personal performance by the employee for payment of a labor function with subordination to the rules of internal labor regulations while the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, as well as a collective agreement, agreements, local regulations, and employment contracts.

In the science of labor law and educational literature A definition of the employment relationship has been developed, which can be formulated as follows: labor relationship- this is a labor relationship arising on the basis of an employment contract and regulated by the norms of labor law, according to which one subject - the employee - undertakes to perform a labor function in subordination to the rules of internal labor regulations, and the other subject - the employer - is obliged to provide the work stipulated by this agreement, to ensure healthy, safe and other working conditions, including remuneration of the employee in accordance with his qualifications, complexity of work, quantity and quality of work.

Please note the following features characterizing the labor relationship: 1) The subjects of the labor relationship are always the employee and the employer; 2) the content of the employment relationship includes complex set of rights and obligations: each of the subjects acts in relation to the other both as an obligated and as an authorized person, and also bears not one, but several responsibilities. At the same time, for some of them the employer himself is responsible, for others, if the employer is an organization, its management body (manager) is responsible, or they can bear simultaneously, but different responsibilities (for example, in case of non-payment of wages, the employer becomes financially liable, and the manager can be brought to disciplinary or administrative and even criminal liability); 3) despite the complex composition of rights and obligations, the labor relationship is uniform. Attempts to wrest from it certain combinations of rights and obligations do not indicate the emergence of new types of legal relations (for example, regarding material or disciplinary liability), since general concept duties also cover responsibility for one’s actions (i.e., violation of duties; in labor law this is a disciplinary offense by an employee); 4) the employment relationship is of a continuing nature, because the rights and obligations of subjects are realized not by one-time actions, but systematically, by performing those actions that are necessary for the employee to perform his labor function while observing internal labor regulations, which causes the employer to respond by paying the employee wages and ensuring safe working conditions. The theory of a single complex and ongoing labor relationship was developed by labor law scientist N. G. Alexandrov.

However, persons who have entered into civil contracts (personal contract, assignment, paid services, author’s agreement, etc.) can also engage in labor activity. Along with the considered features inherent in the labor relationship, it is necessary to highlight characteristic features of an employment relationship, delimiting it from related, including civil law, relations in the field of labor activity:

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

It should be noted that the concept of labor relations given in Art. 15 of the Labor Code of the Russian Federation, fully complies with the ILO Recommendation “On the individual labor relationship”, adopted on June 15, 2006 at the 95th session of the ILO General Conference, in which member states are recommended to provide for the ability to determine specific features of an individual labor relationship.

This ILO Recommendation also determines that employees who perform work upon entering into an employment relationship with the employer can exercise labor rights, having various forms of their protection, i.e. implementation of labor rights regardless of various forms their protection is possible if an employment relationship exists. Attention is drawn to the difficulties that must be taken into account in determining whether an employment relationship exists in situations where the relevant rights and obligations of the parties concerned are not entirely clear, where attempts are made to disguise the employment relationship, or where there are inaccuracies in the legal system or its interpretation and application or restrictions. The process of globalization of the economy is also highlighted, which has led to the mobility of workers in need of protection, at least in case the laws of another country are applied to circumvent the requirements of national legislation regarding protection. It is noted that in the context of transnational provision of services, it is important to establish who is considered an employee within the framework of the employment relationship, what rights this employee has and who the employer is.

Thus, the ILO Recommendation covers issues related to the protection of a worker who has entered into an employment relationship (Part 1), recommending that ILO member states develop national policies that provide for appropriate measures. At the same time, the development of national policy is carried out in accordance with national legislation and practice in consultation with the most representative organizations of employers and workers. These measures, in particular, include guaranteeing the rules applicable to all forms of contracts that involve the presence of several parties, so that employees was real opportunity protection to which they are entitled, compliance and effective application of legislation and regulations on individual labor relations were ensured, etc. It should also be noted that recommendations were developed to stakeholders, in particular employers and employees, on the issue of actually establishing the existence of an individual labor relationship , as well as in distinguishing between hired and self-employed busy workers(i.e., this refers to the independent work of performers under civil contracts). In the latter case we're talking about on the differentiation of the labor relationship arising on the basis of an employment contract from related civil law relations generated by civil law contracts (contracts for work, paid services, orders, etc.).

There is no doubt that the previously discussed concept of the labor relationship, defined in the Labor Code of the Russian Federation (Article 15), makes it possible to highlight those features that are inherent specifically in the labor relationship (legal relationship) and characterize its labor legal nature. These features also make it possible to distinguish the labor legal relationship from related civil legal relationships arising from the above-mentioned civil law contracts in the field of labor activity, which is of great practical importance.

These signs of an employment relationship can also play a role in cases where a civil law contract is concluded between the parties, but during the judicial review it was established, including with the help of these signs, that the civil law contract actually regulates the labor relationship between the employee and the employer . The Labor Code of the Russian Federation stipulates that the provisions of labor legislation and other acts containing labor law norms are applied to such relations (Part 4 of Article 11 of the Labor Code of the Russian Federation).

• Alexandrov N. G. Labor relationship. M., 2008.

Derivatives from labor relations.

Grounds for the emergence, change and termination of labor relations.

Concepts and types of legal relations in labor law.

LEGAL RELATIONS UNDER TC, GROUNDS FOR THEIR ARISE, CHANGES AND TERMINATION

Legal relations are strong-willed social relations regulated by the rules of law. S.S. Alekseev emphasizes that legal relations are an individualized social connection between individuals arising on the basis of legal norms, characterized by the presence of subjective legal rights and obligations and supported (guaranteed) by the coercive force of the state. Legal relations and legal norms are an inextricable whole. Just as there cannot be a legal relationship without a rule of law, a rule of law cannot be implemented in any other way other than legal relations. Legal relations are generated by the rule of law. Legal relations are “a rule of law in action, in implementation. the result of the rule of law. The norms of labor legislation in the Republic of Belarus with labor relations (guschin) are in the same inextricable unity and interaction.

Legal relations in the field of TP- labor and derivatives regulated by labor legislation, closely related labor relations of employees.

As we have already said, considering the subject of labor law. Art. 4 of the Labor Code of the Republic of Belarus “Relations regulated by the Labor Code” states that Labor Code regulates labor relations based on employment contract, as well as relationships related to:

1) professional training of workers in production;

2) the activities of trade unions and employer associations;

3) conducting collective bargaining;

4) relationships between employees (their representatives) and employers;

5) ensuring employment;

6) control and supervision of compliance with labor legislation;

7) state social insurance;

8) consideration labor disputes.

Art. 5 Labor Code - features of the application of Labor Code to labor relations individual categories workers. The Labor Code applies to labor and related relations of certain categories of workers (military personnel, employees state apparatus etc.) in cases and within the limits provided for by special legislative acts defining them legal status.

Art. 6 TC relationships that are not subject to the TC:

1) duties of members of supervisory and other boards (boards), as well as control bodies of organizations, if this activity does not go beyond the scope of execution of relevant instructions;

2) obligations arising on the basis of contracts provided for by civil law.

Labor relations and their derivatives form a system of legal relations TP, united by the common goal of improving relations arising in connection with the labor of workers when regulating these relations by labor legislation.

Derivatives of labor relations are legal relations, the presence of which presupposes the existence of labor legal relations in the present, future or past, without which the existence of these relations would be meaningless or not possible at all.

All other legal relations in relation to labor relations can be divided into 3 groups according to the time of their origin, development and termination:

1) previous legal relations - appear before labor relations and cease with the emergence of the latter (relations to ensure employment and employment, for example);

2) related- existing in parallel with labor for their normal existence (relations according to vocational training personnel in production, supervision and control of compliance with labor legislation, relations regarding the conclusion of collective agreements, etc.);

3) ensuing from labor relations - relations for the consideration of labor disputes arising upon termination of labor relations.

All derived relations can be divided into obligatory and optional. Related relationships are required.

Legal relations can also be divided into individual and collective, taking into account their subject composition, divided into protective and regulatory, material and procedural.

Common features of all legal relations in the sphere of labor:

1. Act as legal form expressions of social relations that develop in the process of production of material and spiritual goods and in other areas of the use of labor.

2. They express the will of the state and the subjects of these legal relations.

3. They implement the norms and principles of labor law.

Question 2. Labor relations. An employment relationship arises between an employer and an employee. There are many definitions.

Labor relationship- this is a legal relationship between an employee and an employer, in which the employee undertakes to perform work in one or more specific professions, specialties, positions, certain qualifications with subordination to VTR, and the employer undertakes to provide work stipulated by the employment contract, pay for his work and ensure working conditions provided for by law , collective and labor agreements.

The difference between the employment relationship and others - see above in topic No. 1.

Features of labor relations :

1. These are legal relations regarding the use of labor of citizens, foreign citizens and stateless persons as workers. The subjects are the employee and the employer.

2. The employment relationship is an obligatory legal relationship. It has a complex composition of rights and obligations of subjects, i.e. each of the subjects has rights and obligations (synallagmatic), acts in relation to the other both as an obligated and as an authorized person. It is a bilateral obligation.

3. In your own way legal nature labor relations are complex. Unlike simple ones, they include a number of powers and corresponding responsibilities and can be divided into separate simple ones, for example, into legal relations regarding wages, working time and rest time. In each of them, the separate authority of the subject corresponds to the obligation of the other party, for example, the employee’s right to wages corresponds to the employer’s obligation to pay it to the employee (Syrovatskaya).

4. Is of a property nature - the actions of the employee are included in the property sphere of the enterprise, the actions of the enterprise (salary) are included in the property sphere of the employee. It also has non-property elements - the right to labor honor - a claim to a positive moral assessment of work, the right to encouragement - public recognition of merit, awards, the right to nomination (baru).

5. Volitional legal relations – the volitional nature of the social relationship that arises between participants in the labor process.

6. Bindingness – recognition of the result of the action of two wills (participants in a legal relationship) as having generally binding significance if it complies with the procedure established by law (Gintsburg).

7. Have a lasting nature, i.e. the rights and obligations of subjects are realized not by one-time actions, but by systematic or periodic ones.

8. Inclusion of the employee in the work collective, subordination to the VTR.

The concept of labor relations is uniform in the following elements:

4. legal facts - the grounds for the emergence, change and termination of labor relations.

Subjects labor relations: employee and employer. Legal capacity and legal capacity arise simultaneously in the TP. In order for a person to become an employee, it is necessary to have labor legal personality (the unified ability of individuals to be the subject of labor relations). Includes: legal, legal and delictual capacity (the ability to bear responsibility). It is necessary to have an age criterion corresponding to the legislation, Art. 21, ch. 20 (16 years old, with written consent of the parent - from 14 years old); volitional criterion.

The peculiarity of TP is that a person with limited legal capacity can be the subject of TP if this limitation does not create obstacles to work.

Labor legal personality is limited by a court verdict that has entered into legal force (deprivation of the right to hold a certain position or engage in certain activities).

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

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

Employers are legal entities, individuals endowed by law with the right to enter into, amend, and terminate an employment contract. The legal personality of employers is characterized by property and operational criteria.

Subjective right is a legally protected opportunity (legal measure) of an authorized person, i.e. one of the subjects of labor relations, demand from another obligated subject to perform certain actions or certain behavior.

- claim coercive influence.

Subjective legal obligation - a legal measure of proper behavior obligated person, action or inaction. Manifests:

- in performing a certain action;

- in abstaining from performing an action;

- in the use of coercive influence.

Employee rights - art. 11 Labor Code of the Republic of Belarus.

Rights of the employer Art. 12 Labor Code of the Republic of Belarus.

Ch. 5 Labor Code of the Republic of Belarus (Articles 53, 54, 55).

An object labor legal relationship is what it arose about, what the will and consciousness of the participants in the labor relationship are directed towards. True, in the legal literature, the opinions of scientists regarding the concept of “object of legal relationship” are divided. Some scientists (Andreev VS. Alexandrov IG. Gushchin I.V. Semenkov VI. Protsevsky LI. Skobelkin V.N. and others) believe that the object of the labor relationship is what the will and consciousness of their subjects are directed towards, then about what a specific legal relationship arose. Therefore, the objects of specific labor relations are: work in a given position, profession, qualification; wage; duration of rest; health; life, etc. those. something about which a specific legal relationship arose. Other authors (Smirnov OV, Ioffe OS, etc.) believe that the object of labor relations is the actions of obligated subjects in a given legal relationship to satisfy the rights of the authorized subject. For example, in a labor legal relationship, its object is not work in a given position, profession, qualification, or salary, but the action of obligated subjects in providing this work and paying the corresponding amount of wages (guschin).

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Concept and types of legal relations in labor law

Legal relations in the sphere of labor law are the relations of subjects of this industry regulated by the norms of labor legislation, their legal connection, i.e. labor and directly related legal relations. The concept of legal relations in any branch of law, including labor law, is a scientific abstraction, since in life there are always specific legal relations regarding the work of a particular employee.

There are as many legal relations within the scope of labor law as there are social relations in the subject matter of this industry. Therefore, in accordance with the nine types of social relations that constitute the subject of labor law, nine corresponding types of legal relations are distinguished. And labor law norms apply precisely in these legal relations.

The entire complex of labor and directly related legal relations operating in a given organization constitutes a labor legal order, since its content is the lawful behavior of subjects of labor law. And this is possible if they all comply with their job duties. If any of the subjects of labor law violates them, then this labor offense violates the labor law and order of the organization. Therefore, the number of labor offenses determines the level of compliance at the enterprise or organization with the labor law established by labor legislation, contracts, and agreements. Compliance may be high, moderate, weak or poor.

To reveal each type of legal relationship in the sphere of labor law, it is necessary to clearly indicate its elements: subjects; grounds (legal fact) of origin and termination; the basic rights and obligations of the subjects of this legal relationship, i.e. content of legal communication. This connection or content of the legal relationship is usually revealed through the obligations of each of its subjects, since they correspond to the rights of the other subject of this legal relationship.

In accordance with the subject of this industry and Art. 1 of the Code distinguish the following types legal relations in the sphere of labor law:

1) legal relations to ensure employment and employment of a citizen with a given employer;

2) legal relations between the employee and the employer, i.e. labor relationship;

3) legal relations of the labor collective, its representatives with the employer, its administration for the organization of labor and labor management;

4) social-partnership legal relations for the conduct of collective agreements and the conclusion of collective agreements, agreements at the federal, sectoral, regional (subjects of the Federation), territorial and professional level;

5) legal relations regarding professional training, retraining of personnel in production, including apprenticeships and advanced training directly with a given employer;

6) legal relations for supervision and control of compliance with labor legislation, labor protection rules;

7) legal relations regarding the participation of workers and trade unions in establishing working conditions and applying labor legislation in cases provided for by law;

8) legal relations regarding the material liability of the parties to the employment relationship for harm caused to each other;

9) procedural legal relations for resolving individual and collective labor disputes, including declaring a strike.

Each of these types of legal relations has its own varieties.

The concept of labor relations

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

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

The relationships themselves have specific features:

• take place under conditions of subordination to internal labor regulations;
• the employee, as a rule, is included in the work collective.

Subjects of labor relations

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

Objects of labor relations

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

Types of labor relations

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

Of these, two specific types of labor relations are distinguished:

• in connection with part-time work;
• under a student agreement.

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

Features of labor relations

A distinctive feature of labor relations is that labor relations are personal in nature. that is, with the development of freedom of the employment contract, the individualization of the employee’s labor relations develops.

Another feature is that this relationship are built on compensated started, associated with mandatory remuneration for labor in the form of wages.

The third feature is that labor relations are of a continuing nature, i.e. they do not stop after the employee completes a certain work assignment, but are associated with the performance of a certain labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; or specifying the type of work entrusted to the employee) - Art. 15 Labor Code of the Russian Federation.

The legislation stipulates that labor relations based on certainty and stability of labor employee functions, and prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).

Both the employment contract and the employment relationship arising on its basis are always mutual and bilateral.

Both parties to the employment relationship have the right to demand that the other subject fulfill it labor responsibilities the submitted legal relationship.

Since the employer has the right of disciplinary power, he can punish the employee himself if he fails to fulfill his duties in accordance with labor legislation, bring him to disciplinary and material liability, and both parties can resort to the coercive force of the state. This characterizes the volitional content of labor relations, which is supported by labor law norms that ensure normal, safe working conditions. appropriate pay, labor protection. compensation for harm (damage), disciplinary liability. possibility of dismissal and transfer to another job, etc.

Emergence, change and termination of labor relations

Legal facts, determining the emergence, change and termination of labor relations, usually associated with the moment of conclusion, amendment and termination of the employment contract(Article 16 of the Labor Code of the Russian Federation). But it should be noted that these legal facts do not always represent a type of action (hiring and dismissal of an employee); sometimes these are circumstances that are in the nature of events (death of an employee, emergency circumstances and etc.). In addition, often legal facts may provide participants with an alternative choice (for example, grounds for dismissal) or have a complex composition that includes several circumstances together (for example, the presence of fault, the wrongfulness of the act, the presence of damage and the causation of unlawful culpable behavior and material damage).

The basis for the occurrence The employment relationship is usually considered an employment contract. For employees holding elected positions, the basis for the emergence of their labor relations is the fact of election to this position. For some categories of employees, the basis for the emergence of labor relations is a complex composition of legal facts, when, in addition to the employment contract, it is preceded or followed by some legal fact. Thus, for persons hired through competition, the conclusion of an employment contract must be preceded by their election through competition to the given position. The complex structure of the emergence of labor relations among 14-year-olds, when an employment contract must be preceded by parental consent.

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The fact of the emergence of an employment relationship can be actual tolerance to work. even if the hiring was not properly completed.

Changes in labor relations may occur due to lawful actions. Changes will be considered circumstances specified in Chapter 12 of the Labor Code of the Russian Federation.

The employment relationship is terminated the fact of termination of the employment contract on the grounds provided for by law (Chapter 13 of the Labor Code of the Russian Federation).

Jurisprudence

The concept of labor relations

Labor relationship- this is regulated by labor law norms public attitude, arising on the basis of an employment contract, according to which one subject (employee) undertakes to perform a labor function subject to internal labor regulations, and the other subject (employer) is obliged to provide work, ensure healthy and safe working conditions and pay the employee in accordance with his qualifications , complexity of work, quantity and quality of work.

Contents of the employment relationship– these are the mutual rights and obligations of its subjects, determined by the employment contract, labor legislation and collective agreement (agreement). The employee is obliged to accurately fulfill his labor function specified in the contract, obeying the internal labor regulations of this production, and the employer - to comply with labor legislation and all working conditions of the employee provided for by the labor and collective agreement and labor legislation.

The labor relationship includes a number of rights and related responsibilities of the parties: working time, rest time. wages, guarantees and compensations, etc. The scope and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

Features of the labor relationship.

1. 1. the subjects of the labor relationship are the employee and the employer;
   2. the labor legal relationship has a complex composition of rights and obligations of its subjects: each of them acts in relation to the other both as an obligated and as an authorized person. and also bears not one, but several responsibilities;
   3. despite the complex composition of rights and obligations, the labor legal relationship is uniform;
   4. the ongoing nature of the employment relationship (the rights and obligations of subjects are implemented not by one-time actions, but systematically, by performing those actions that are necessary during established working hours).

However, persons who have entered into civil contracts (personal contract, assignments, paid services, author’s agreement, etc.) can also engage in labor activity.

Characteristic features of an employment relationship. which distinguish it from related, including civil law relations:

1. 1. The personal nature of the rights and obligations of an employee who is obliged to participate with his work in the production or other activities of the employer (the employee does not have the right to represent another employee in his place or entrust his work to another, etc. such a restriction is not in the contract).
   2. The employee is obliged to perform the labor function stipulated by the employment contract, and not a separate (separate) individual specific task by a certain date, which is typical for a civil contract.
   3. The employee’s performance of his labor function is carried out in conditions of collective (cooperative) labor, which is associated with the inclusion of the employee in the collective (staff) of workers with the ensuing need to obey the established internal labor regulations.
   4. The paid nature of the labor legal relationship is manifested in the employer’s response to the performance of the labor function - in the issuance of appropriate wages (payment is made for the living labor expended systematically by the employee during established working hours, and not for the specific result of materialized (past) labor, as in civil law relation).
   5. The right of each of the subjects to terminate the employment contract without any sanctions, but in compliance with the established procedure.

Parties to the employment relationship

According to Art. 20 Labor Code of the Russian Federation parties to the employment relationship are:

• • An employee is an individual who has entered into an employment relationship with an employer. Persons who have reached the age of sixteen years have the right to enter into labor relations as employees, and in cases and in the manner established by the Code. - also persons under the specified age.
  • Employer is an individual or legal entity (organization) that has entered into an employment relationship with an employee. In cases provided for federal laws, another entity entitled to enter into employment contracts may act as an employer.

Subjects of labor law– these are participants in labor and other relations directly related to them; these are the parties to legal relations of labor law - bearers of labor rights and corresponding labor responsibilities.

The subjects of the labor relationship can be.

• • citizens (workers);
  • employers (enterprises, institutions, organizations, firms of any form of ownership);
  • representatives of workers and employers;
  • trade union committees or other bodies elected by workers at work;
  • social partners represented by their respective representatives at the federal, sectoral, regional, territorial and professional levels;
  • employment and employment service bodies, jurisdictional bodies for the consideration of labor disputes, bodies of supervision and control over compliance with labor legislation, labor protection.

Since subjects of labor law have labor rights and obligations on the basis of legislation, in order to possess and implement them they must have labor legal personality.

Labor legal personality- this is the ability of a given person (individual or legal) recognized by labor legislation to be the subject of labor and directly related legal relations, to have and exercise labor rights and obligations and to be responsible for labor violations. In labor law, unlike, for example, civil law, legal personality includes three elements:

• labor legal capacity – the ability to have labor rights and obligations recognized by law;
• labor capacity – the ability, in accordance with labor legislation, to personally acquire and exercise through one’s actions labor rights and obligations;
• labor tortiousness – the ability to be held accountable for labor offenses recognized by labor legislation.

In labor law, these three legal abilities are inseparable and arise in the subject of law simultaneously - from the moment of the beginning of labor activity (in civil law, for example, the emergence of legal capacity and full legal capacity have a gap in time), therefore we are talking about a single labor legal capacity in labor law, i.e. .e. legal personality.

Labor legal personality characterized by two criteria:

1. 1. age;
   2. strong-willed.

It is important to know that, unlike civil legal capacity, which arises from the moment of birth, labor legal personality is limited by law to reaching a certain age, namely 16 years. In certain cases and in the manner provided for by the Labor Code of the Russian Federation, an employment contract may be concluded with persons under 16 years of age (Article 63 of the Labor Code of the Russian Federation Labor Code of the Russian Federation) in the following cases:

• receiving basic general education or continuing to master the basic general education program in a form other than full-time;
• leaving a general education institution in accordance with federal law.

In these cases, an employment contract can be concluded by persons who have reached the age of 15 years.

Persons studying in educational institutions . who have reached the age of 14. may be hired:

1. for execution easy work, which does not disrupt the learning process,
2. in free time from study. But
3. necessarily with the consent of one of the parents (guardian) and the guardianship and trusteeship authority.

The specified age criterion for legal personality at work is due to the fact that from this time a person becomes capable of systematic work, which is enshrined in the law (Article 63 of the Labor Code of the Russian Federation). This article also establishes that in cinematography, theater and concert organizations, circuses, with the consent of one of the parents (guardian) and the permission of the guardianship authority, it is allowed to conclude an employment contract for participation in the creation and (or) performance (exhibition) of works without harm to health and moral development with persons under 14 years of age. In this case, the employment contract is signed on behalf of the employee by the parent (guardian), but with the permission of the guardianship and trusteeship authority.

Based on the physiological characteristics of the teenager’s body and the need for them moral education, the employment of persons under 18 years of age is prohibited:

• at work in hazardous and hazardous conditions labor;
• at work, the performance of which may harm their health and moral development (gambling business, work in nightclubs, bars, cabarets, etc. (Article 265 of the Labor Code of the Russian Federation).

It should be borne in mind that, along with age, labor legal personality is characterized by volitional criterion. which is related to a person’s actual ability to work. It is considered as physical and mental ability to work, which, however, cannot limit the equal legal personality of everyone at work.

Labor legal personality is characterized by legislation as equal for all citizens (individuals). This means that citizens are free to exercise their rights, and natural differences between them, for example, gender, age, nationality or property status and other circumstances, should not be of the nature of discrimination in the world of work.

Discrimination is prohibited by the Constitution of the Russian Federation, as is forced labor, which is reflected in the Labor Code of the Russian Federation at the level of the basic principles of labor law (Article 2).

Legal status of the subject of labor law- it is his legal status determined by labor legislation. It consists of the following elements:

1. labor legal personality (labor legal capacity and delictual capacity);
2. statutory (basic) labor rights and responsibilities;
3. basic legal guarantees (general and specific) of statutory labor rights and obligations;
4. liability provided for by law and contract for violation of his labor duties.

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An employment legal relationship is a social-labor relationship arising on the basis and regulated by norms, according to which one subject - the employee - undertakes to perform a labor function with subordination, and the other subject - is obliged to provide work, ensure healthy and safe working conditions and pay the employee in accordance with his qualifications, complexity of work, quantity and quality of work.

The content of the employment relationship is the mutual labor rights and obligations of its subjects, determined by the employment contract, labor legislation and agreement. The employee is obliged to accurately fulfill his labor function specified in the contract, obeying the internal labor regulations of the given production, and the employer is obliged to comply with labor legislation and all working conditions of the employee provided for by the labor and collective agreement and labor legislation.

The labor relationship includes a number of rights and related responsibilities of the parties: in terms of time, rest, remuneration, disciplinary liability, etc., which are provided for in Art. 21 of the Labor Code of the Russian Federation, and the basic rights and obligations of the employer - Art. 22 Labor Code of the Russian Federation. The scope and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

The actual activities of the employee and the employer are the material content of labor legal relations, which is inextricably linked and subordinated to the volitional content of the participants in these legal relations.

The employment relationship is ongoing, based on an employment contract, valid over time and of a personal nature. An employee cannot replace himself in the performance of his labor function by someone else, and the employer also cannot replace an employee with someone else without reason. The employer has the right of disciplinary power, therefore he can punish the employee for work, bring him to disciplinary action, etc.

Signs of an employment relationship

The labor relationship is characterized by certain inherent characteristics.

The characteristic features of an employment relationship include the following:

1. The personal nature of the rights and obligations of an employee who is obliged only through his labor to participate in the production or other activities of the organization (employer). An employee does not have the right to represent another employee in his place or entrust his work to another, just as an employer does not have the right to replace an employee with another, except in cases established by the Law (for example, during the employee’s absence due to illness, etc.). There are no such restrictions in civil law, where the contractor has the right to involve other persons in performing the work.

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

3. The specificity of labor legal relations also lies in the fact that the performance of the labor function is carried out in conditions of common (cooperative) labor, which necessitates the subordination of the subjects of the labor legal relationship to the internal labor regulations established by the organization (employer). Fulfilling a labor function and the associated subordination to internal labor regulations means the inclusion of citizens in the workforce (work collective) of the organization. All three features mentioned in this paragraph constitute the characteristic features of labor as an employee, in contrast to the subject of a civil law relationship. It is well known that a single and complex labor legal relationship combines both coordination and subordination elements, where freedom of labor is combined with subordination to internal labor regulations. This is impossible in civil law terms, based on the fundamental principles enshrined in Art. 2 Civil Code of the Russian Federation.

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

5. A characteristic feature of the labor legal relationship is also the right of each of the subjects to terminate this legal relationship without any sanctions in compliance with the established procedure. At the same time, the employer is obliged to warn about the dismissal of an employee on his initiative in established cases and pay severance pay in the manner prescribed by the labor law.

Subjects of labor relations

The subjects of the labor relationship are its parties: the employee and the employer, where the employee is “an individual who has entered into an employment relationship with the employer”; the employer is: “an individual or a legal entity (organization) who has entered into an employment relationship with the employee. In cases established by federal laws, another entity entitled to enter into employment contracts may act as an employer.”

An individual may enter into labor relations provided that he has achieved legal capacity to work.

To enter into labor relations, an employee must have legal capacity to work, i.e. the ability not only to acquire specific rights and obligations in the labor relationship, but also to exercise these rights and obligations through their personal actions and bear responsibility for their unlawful exercise.

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