The Director-General of OJSC Zvezda presented a letter from the trade union committee of the trade union of employees of OJSC "Star", which contained a proposal to enter into collective bargaining on the development of the project and the conclusion of a collective agreement of Zvezda. The Director General sent a response letter to the Trade Union Committee of the Trade Union, which indicated that the proposal to join the collective bargaining for the development of the project and the conclusion of a collective agreement of Zvezda OJSC was not considered, since the company is on the verge of bankruptcy and it once engage in similar questions.

Is it legitimate to the refusal of the Director-General from collective bargaining?

No, the Director-General is obliged to enter into negotiations within seven calendar days from the date of receipt of the letter, and notify the representatives of the trade union committee by a response letter. In his answer, I will sprinkle the Labor Code of the Russian Federation Chapter 6, Article 36 (as amended as of 01/01/2013): (as amended as of 01/01/2013)

Labor Code of the Russian Federation

Part two

Section II. Social partnership in the field of labor

Chapter 6. Collective Negotiations

Article 36. Maintaining collective bargaining

Representatives of employees and employers participate in collective negotiations on the preparation, conclusion or change in a collective agreement, agreement and have the right to manifest initiative to conduct such negotiations.

Representatives of the Parties that received a proposal in writing about the start of collective bargaining, are obliged to enter into negotiations within seven calendar days from the date of receipt of the specified proposal, sending the initiator of collective negotiations the answer to the representatives from their part to participate in the work of the Commission for collective bargaining and their powers. The day of the beginning of collective bargaining is the day following the day after the day of obtaining the initiator of collective negotiations of the specified response.

Collective negotiations are not allowed and the conclusion of collective agreements and agreements on behalf of employees who represent the interests of employers, as well as organizations or bodies created by employers, and local government authorities, political parties, except for the cases provided for by this Code.

3. Make a change to the employment contract with the employee, containing a condition for increasing the amount of remuneration

The parties to labor relations may make changes to the employment contract during its entire period. Chapter 12 of the Labor Code of the Russian Federation contains legal grounds for making changes.

As a general rule, changes in the conditions of the employment contract are made by entering into an additional agreement between the employee and the employer, which is further an integral part of the employment contract (Art. 72 of the Labor Code of the Russian Federation). The initiator of changing the conditions of the employment contract can act as an employee and an employer.

The main thing is that the conditions included in the treaty and the changes made did not contradict the current labor legislation, since by virtue of Art. 9 of the Labor Code of the Russian Federation if the contradictory TK RF condition is included in the collective agreement, an agreement or an employment contract, they are not subject to use.

In addition to the conditions for inclusion in the employment contract on the basis of Art. 57 of the Labor Code of the Russian Federation, additional conditions may be subject to change, if they are contained in the employment contract or applications to it. Modern labor legislation is aimed at providing contractual (conciliation) relations between the employee and the employer.

1. Changes in the conditions of the employment contract on the initiative of the employee

An employee, who considered that in an employment contract, it is necessary to make changes to refer to the employer with a statement containing the motives of making changes to the employment contract, the nature of the changes and the estimated timing of their introduction. In order to avoid disputes, it is recommended to make a written application and register it in the office, personnel department or other division that carries out the registration of incoming documentation.

Having considered the application of the employee, the employer either agrees to make changes to the employment contract, or refuses the employee. An employer can express his opinion in writing (in resolution at the employee's statement or a separate letter). It should be noted that the employer has the right to agree with the proposal of the employee, but the pressure on the employer from the employee in this matter is unacceptable. With the disagreement of the employer with the proposal of the employee, the conditions of the employment contract remain the same.

If the employer agreed with the proposal of the employee, the parties sign an additional agreement towards the employment contract, which records the agreements reached. If necessary, the employer publishes the appropriate order, introduces entries to the employment record and personal employee card (for example, when transferring to another structural unit).

2. Changing the conditions of employment contract on the initiative of the employer

Practice shows that most often at the initiative of the employer, one or more mandatory conditions of the employment contract, provided for by Art. 57 of the Labor Code of the Russian Federation, as well as other additional conditions included in the contract in accordance with the requirements of the Labor Code of the Russian Federation, namely:

• 1) a condition that determines the workshop of the employee (including indicating a separate structural unit and its location);
• 2) a condition that determines the employed employment function (work as a position in accordance with the staff schedule, profession, specialty, indicating the qualifications) or a specific type of charged employee of the work;
• 3) a condition that determines the wage of the employee (the size of the salary, surcharge, surcharge, as well as incentive payments, the period of payment);
• 4) a condition that determines the work time and recreation time of the employee (including in cases where these regimes against employee differ from the general rules operating in this employer);
• 5) conditions defining the nature of the work (mobile, traveling, on the road, another nature of work);
• 6) a condition that allows you to determine whether the work on this employment contract is the main job or part-time work (Art. 282 of the Labor Code of the Russian Federation);
• 7) the condition of the amount of reimbursement of expenses when using the personal property of employees (Art. 188 of the Labor Code of the Russian Federation);
• 8) the condition of compensation in the event of a termination of an employment contract with the head of the organization (Art. 279 of the Labor Code of the Russian Federation);
• 9) conditions on the types and conditions of additional employee insurance;
• 10) a condition for additional monetary compensation upon dismissal by agreement of the parties and others.

Employer, seeing the need to change the conditions of employment contract with an employee (change in subordination, structural unit, position, work modes, transfer to another constant work to another employer, moving to another locality together with the employer, etc.), directs the employee a motivated proposal to change earlier The conditions specified in the labor contract. It is advisable to make such an offer to the employee in writing in writing, during which the employee must make a decision on this issue. The provision of pressure on the employee from the employer is unacceptable. If the employee fails, the conditions of the employment contract remain the same. The exception is the change in the conditions of the employment contract unilaterally on the initiative of the employer due to the change in the organizational or technological conditions of labor (Art. 74 of the Labor Code of the Russian Federation).

Ministry of Education and Science of the Russian Federation

Federal State Educational Institution

secondary vocational education

"St. Petersburg Industrial and Economic College"

(FGOU SPO "SPBPEC")

Methodical development of a lecture with

application of ICT and Case Method for Labor Law

on the topic "Labor contract"

for group 27601-O

Full-time compartment

Specialty: Law and Organization of Social Security

Prepared teacher:

Alekseeva Svetlana Vladimirovna

surgut

2014

This lesson implies a generalization and systematization of knowledge and applying them in professional activities on the "employment contract" for students of 2 courses of the specialty 40.02.01 The right and organization of social security. The lesson is carried out using case-technologies with elements of a leading learning method. The content of the lesson includes professional situations on the topic, the procedure for their decision, also information on the conclusion and termination of the employment contract and the presentation on the lecture topics.

"The right is the art of good and justice, it is created for the benefit of mankind."

The method of teaching the right is very dynamic science, which is due both to the dynamism of legislation and a change in approaches to the organization of legal education.

Currently, legal education is considered as a condition for the formation of individual abilities, obtaining knowledge and skills of social functioning. So the key concept of modern education is the concept of competence, and the formation of competencies is one of the main tasks of vocational training. The formation of general and professional competencies depends on the application in the educational process of various modern technologies. The presented methodological development can be used to study the contemporary disciplines. The author proposes an example of using elements of case-technologies when conducting practical labor law.

During the classes:

Methodical goal of this lesson: show a technique for conducting a lesson to form and consolidate knowledge and skills using a case-method.

Objectives lesson:

Training : Check previously learned knowledge and learning new knowledge.

Education: Z. ask theoretical knowledge of the employment contract, its conclusion, change and termination, form the ability to apply the theoretical knowledge in solving professional tasks.

Educational : Educating independence, the ability to work in the team of sense of justice and responsibility, the formation of an active life position by demonstrating in the relationship of theoretical and practical issues on the topic of employment contract.

Developing : Development of ability to analyze, summarize theoretical material, correctly qualify and resolve legal situations, which is necessary in practical activities.

Planned learning outcomes:

OK 4. To search and use the information necessary to effectively perform professional tasks, professional and personal development.

OK 5. Use information and communication technologies in professional activities.

OK 6. Work in the team and team, effectively communicate with colleagues, management, consumers.

OK 9. Focus on constant changes in the legal framework.

Skills:

− apply in practice the norms of labor legislation;− analyze and prepare proposals for the settlement of labor relations;

Knowledge:

− regulatory legal acts regulating public relations in labor law;− the rights and obligations of employees and employers;− Contents of the employment contract, the procedure for concluding, changes and termination of the employment contract.

Interdisciplinary connections: constitutional law, civil law, administrative law, documentation management, information technology in professional activities.

Equipment of the lesson: Personal computer, distribution material - Cases, Labor Code of the Russian Federation (every student), multimedia projector, electronic presentation for the PowerPoint lesson.

Type of lesson: Studying a new material with the practical application of knowledge, skills, skills.

Type of lesson: Combined lesson.

Methods of organization and implementation of educational and educational activities:

Verbal (story, conversation),

Visual (use of multimedia presentation, blanks of documents, cards),

Practical (case-tasks),

Problem (in the resolution of practical situations),

Interactive (use during the lecture of tasks based on the interaction of students with a teacher and each other).

Level of knowledge learning: Acquaintance, reproduction, consolidation.

Methodical support and literature:

− Federal Law of the Labor Code of the Russian Federation. - Moscow: Prospekt Knourus, 2014 - 224 p.

− Commentary on the Labor Code of the Russian Federation (article), new edition O.V. Smirnov, M.O. Buyanova, I.A. Kostyan, V.G. Malov. 8 - E Edition: ERS. M: Knourus: 2010 - 276 p.

− Internet resource "Garant.ru" - information legal portal. Access form: http://www.garant.ru

During the classes

1. Organizational moment. Greeting teacher. Hello. Please ask yourself, let's touch with you for productive work. Are we ready for a lesson? So we begin.

2. Checking homework. In order for us to tune in to study a new topic, it is necessary to recall the material passed. Students are distributed cards with test tasks. 10 minutes are given to the solution of issues. Now, when the task is done, change your neighbor on the desktop tests. Check that the answers are correct in accordance with the standards (the presentation slide is displayed.

3. Motivation of educational cognitive activity. The topic of our lesson: an employment contract. In the process, studying the course of labor law We considered one of these issues as:The basic principles of the conclusion of collective agreements and agreements. The concept, content, parties and procedure for entering into a collective agreement. The action of a collective agreement, control over its execution. You understand that the topic has great practical application. Each of you sooner or later will face such a problem as employment and conclusion of an employment contract, as well as termination of such a contract.From year to year, a problem that does not lose its importance is employment, but especially the employment of young people. It remains one of the most acute problems in the field of labor. Today's topic, more than ever, is relevant for you students, future workers. That's whythe purpose of our lesson will be: consolidation, generalization and systematization of theoretical knowledge, and especially, we need to consolidate the ability to apply them in a practical situation to solve professional tasks related to labor relations.

Lecture is accompanied by a presentation. Students abstract the main theses. Specify questions.

1. An employment contract - an agreement between the employer and the employee, in accordance with which the employer undertakes to provide an employee to work on the conditioned labor function, to ensure the working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, a collective agreement, agreements, local regulatory acts containing labor law norms, in a timely manner and in full to pay employee wages; And the employee undertakes to personally fulfill the work function defined by this agreement, to comply with the organization of the Internal Labor Regulations.

The parties to the employment contract are the employer and employee. A citizen becomes an employee, concluding an employment contract, for all his actions. The second party of the employment contract is the employer represented by a certain enterprise, institution, organization (including company, joint-stock company, a production cooperative, a private entrepreneur or other employer who receives a citizen to work under an employment contract). The parties can enter into an employment contract if both possess labor trendlessness as recognized by the legislation the ability to be a party to the employment contract, the subject of labor relationship.
The content of the employment contract is a set of all its conditions. They are divided into direct, negotiated directly by the parties in the written text of the employment contract, and derivatives stipulated by law, collective agreement, agreements and, due to the conclusion of an employment contract, extending to the parties (on the procedure for translation, dismissal, labor protection regulations, etc.).
Direct conditions can be two types: essential and additional.
Substantial conditions of employment contract, by virtue of Art. 57 TK RF, are:

• place of work (with an indication of the structural division);
• start date;
• the name of the post, specialty, profession indicating the qualifications in accordance with the staffing schedule or a specific labor function;
• the rights and obligations of the employee;
• the rights and obligations of the employer;
• characteristics of working conditions, compensation and benefits to employees for working in severe, harmful and (or) hazardous conditions;
• labor and recreation mode (if it is different from the general rules established in the organization);
• terms of remuneration (including the size of the official salary of the employee, surcharge, surcharge and incentive payments);
• types and conditions of social insurance directly related to labor activities.

Additional direct conditions include the conditions for the probationary period when receiving, on additional leaves provided for in a collective or specifically in this employment contract, about any additional charges, benefits established by agreement of the Parties to the Treaty. If additional conditions are stipulated, they are required to perform, as well as necessary and derivatives.

Depending on the validity period, employment contracts divide:

1. Labor contract for an indefinite period.
2. The urgent employment contract is an agreement concluded for a certain period, but not more than 5 years, unless otherwise established by the Labor Code of the Russian Federation and other federal laws.

The urgent employment contract is in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the upcoming work or the conditions for its implementation.
If its work is not agreed in the labor contract, the contract is considered to be concluded indefinitely. In case, none of the parties demanded termination of an urgent employment contract due to its expiration, and the employee continues to work after the expiration of the employment contract, the employment contract is considered to be concluded indefinitely.

The procedure for concluding an employment contract. Acceptance of work is made on the principle of training for business qualities. Guarantees for admission - an unreasonable refusal to receive, direct or indirect advantages and discrimination is not on business qualities, but by sex, race, nationality, religion, beliefs, place of residence and other circumstances that are not related to the business qualities of the employee.
Reception is made from 16 years. But in case of receipt of the basic education or leaving the general educational institution, the reception can be from 15 years, and with the consent of one of the parents (guardian) can be accepted from 14 years old student to fulfill the time of light labor that does not harm its health and not violating the process of study.
Citizens are accepted on the basis of the prisoner in writing (in 2 copies, one by one side) of the employment contract. Acceptance of work is issued by order (ordered) of the administration of the enterprise, institutions, organization (his head that has the right to receive and dismissal), which is announced by the employee on receipt. If actually a citizen is admitted to work without the conclusion of an employment contract, this is considered to be the conclusion of the employment contract, regardless of whether the work has been properly decorated.
When taking a job, a citizen must present a passport or other identity document; workbook, except for cases of work admission for the first time and on the terms of conventions; Insurance certificate of state pension insurance, and demobilized and subject to call - a military ID. When admission of specialists, a special education document is presented when receiving the driver, the driver is also the right to driving a certain type of machine, locomotive. If a citizen for the first time comes to work and he has no employment record, he presents a certificate of his last employment (housewife, student, etc.). It is forbidden to require documents when applying for work, in addition to the legislation provided for by law (for example, the characteristics, if they are not required for this work).
When admission to work, the part of the employment contract can specify the trial period of up to 3 months, and as a position of civil servants and certified workers, projects, design, design organizations, heads of organizations, their deputies, chief accountants and their deputies, heads of branches, representative offices and Other separate divisions of the organization - up to 6 months, but in coordination with the trade union. During the test, the periods of illness and other time are not counted, when the employee has actually absent at work. The test term is fixed in the employment contract, and in the absence of such a record it is believed that the worker is accepted without testing. Test when receiving work is not installed for:

• persons entering the competition for the contest for replacing the relevant position conducted in the manner prescribed by law;
• pregnant women;
• persons under the age of eighteen years;
• persons who graduated from educational institutions of primary, secondary and higher vocational education and for the first time entering the work on the received specialty;
• individuals selected (selected) to the elective post on paid work;
• persons invited to work in order of translation from another employer in coordination between employers;
• in other cases provided for by the Labor Code of the Russian Federation, other federal laws and collective agreement.

2. Changing the employment contract is possible only with the consent of its parties. This prohibition applies to all types of employment contract, except for two cases of temporary translations - for industrial necessity and due to downtime. The change in the employment contract means for the employee to transfer it to another job and vice versa. Transfer to another job means changing the essential conditions of the employment contract.

The transfer to another work is called a change in the activities of the employee, i.e. Providing him to another work compared to the agreed labor contract. Under the other work means a change in one of the essential conditions of the contract (place of work, labor function, wages, etc.) or other essential working conditions.

Transfer to another job in the same enterprise, institution, organization or other enterprise, institution, organization or to another locality, at least together with the enterprise, institution, the organization is allowed only with the consent of the employee with the exception of the production necessity.

Not considered a translation to another job and does not require, therefore the consent of the employee moves it in the same enterprise, the institution, organization to another workplace, to another structural unit in the same area, the commissioning of the work on another mechanism, the unit without changing the essential conditions of employment contract . Moving to another workplace without changing the essential conditions of the employment contract does not change the employment contract, therefore it is not necessary for the consent of the employee.

It is allowed to change the employer of essential working conditions without the consent of the employee during the continuation of work on the same employment function, only if it is due to the change in organizational or technological conditions of labor, for example, if the technological process of production has changed. But in these cases, a change in essential working conditions, the employee must be put in writing no later than 2 months. Such a change is possible only if the former substantial working conditions cannot be saved. If at the same time the employee does not agree to the continuation of the work, then the employer is obliged in writing to offer him a different work available in the organization corresponding to his qualifications and health status, and in its absence - a vacant position or lower job, which the employee can be carried out with regard to its Qualifications and health status. In the absence of such work or if the employee fails to be discussed from the proposed work, its employment contract is terminated. If changes in organizational or technological conditions of labor can entail a massive dismissal of workers, the employer in order to preserve jobs has the right to enter into the opinion of the elected trade union committee of this organization to introduce incomplete working time for up to 6 months.

And if the employee refuses to continue working with an incomplete working time, then his employment contract is terminated to reduce the number (state) of employees.

Changes to the significant conditions of the employment contract cannot be introduced, worsening the position of the employee compared with the terms of the collective agreement, the agreement. The change of ownership of the organization's property is not a basis for termination of an employee's employment contract, except for contracts with the head of the organization, its deputies and chief accountant. With these three categories of managers of the Organization, a new owner may terminate employment contracts within three months from the date of his property rights.

Does not refer to translation and does not require the consent of the employee Changes in working conditions in connection with the adoption of a new rate of law changing them, with the development of technology, the introduction of new technology, the change in the name. With the change in the alignment of the organization and its reorganization, labor relations with the consent of the employee continue.

Translation should be distinguished from the transition to another job, when the employee is dismissed from the previous work and enters the new one. Transfer to another area Even with the same enterprise, the institution, the organization requires the consent of the employee, and if he refuses to propose to move with the organization, it can be dismissed. Transfer to another locality, another settlement on administrative-territorial division must be distinguished from a business trip to another locality. Their goal and conditions are different. A business trip is a worker's trip by order of the administration to another area for a limited period for fulfilling the work, as a rule, in its specialty (official order). It does not require the consent of the employee (except for women who have children under 3 years old). The locomotive place is preserved for its permanent job and the average wage, and the travel expenses are compensated to him in the form of travel payments.

Translation is also considered temporary substitution, fulfillment of responsibilities for the post of temporarily absent employee. The law relates such a translation to the production necessity. If the employee instruct the fulfillment of the duties of the missing temporary employee, without freeing it from its main work, it will be temporary combination of professions, not substitution. Restitution without the consent of the employee is limited to a month during the calendar year.

Translations are divided by a deadline for permanent and temporary. A constant translation means that the change in the employment contract has occurred indefinitely and the former place and the terms of the contract are not saved. In case of temporary translation, the previous place of work and the terms of the contract are preserved, but another work is entrusted to a certain (short) period, after which the previous working conditions are restored.
Permanent and temporary translations, in turn, are also classified. Permanent to change the place of work can be three types: 1) Transfer to another enterprise, institution, organization at least in the same area; 2) translation into another terrain at least with the same production; 3) translation in the same enterprise, institution, organization.

Temporary translation is classified for reasons:
1) for industrial necessity, including substitution (Art. 74 of the TC);
2) pregnant and women with children up to 1.5 years for easier work;
3) for health status for medical conclusion;
4) At the request of the military registration and enlistment office for the passage of military-educational fees without separation from production (from two-three-chaired work in one shift).
The first form does not require the consent of the employee and is obligatory for it, the last three types are mandatory for the administration.
In the employment record of the employee, only a permanent translation is noted, temporary is not marked. In the case of the transfer of an employee with a violation of the transfer rules, it may challenge him and the body considering this dispute will restore it at work with payment for forced rushing.
The employment contract may be discontinued, and the employee is dismissed only on the grounds and in the manner indicated in the law. The employment contract is terminated only if there are certain grounds for its termination and compliance with the rules for the dismissal of the employee under this particular basis. The basis of the termination of the employment contract is called the life circumstance, which is enshrined in the law as a legal fact for the termination of labor relations of workers.
An employment contract may be terminated:

• at the initiative of the employee (Art. 80 of the Labor Code of the Russian Federation);
• at the initiative of the employer (Art. 81 of the Labor Code of the Russian Federation);
• according to other general reasons, Art. 77 TK RF, including in circumstances independent of the will of the Parties (Art. 83 of the Labor Code of the Russian Federation).

All the foundations of the dismissal of an employee on their distribution are divided into common, distributed in all employees, and additional applied only to some categories of workers.
General reasons for dismissal:

1. Agreement of the Parties to the employment contract. If the parties have reached an agreement on the termination of the employment contract, the contract is terminated at any time within a period determined by the parties. The annulment of such an agreement may only take place with the new mutual agreement of the employer and the employee.
2. The expiration of the contract, except when labor relations actually continue and none of the parties demanded that their termination.
3. Translation of an employee at his request or with his consent to work to another employer or the transition to a selection position. This discharge base is applied only if there are three wills on writing in writing: the employer (his administration) of the new job, inviting this person to work, the employee itself and the employer of the previous place of work release it in order of translation.
4. Switch to the electoral position. To apply this basis, an act of election of an employee is needed to the elective post liberated from production work.
5. The refusal of the employee from continuing to work in connection with the change of the owner of the property of the organization, the change in the subordination (subordination) of the organization or its reorganization.
6. Failure to employee from continuing to work with a change in the significant conditions of the employment contract.
7. Refusal to the employee from transfer to another work for health state in accordance with medical conclusion.
8. Refusal of the employee from translation in connection with the movement of the employer to another locality. When moving production to another terrain on this basis, those employees who have offered to move with him, and they refused.
9. Violations established by the Code of the Rules for the conclusion of an employment contract, if this violation excludes the possibility of continuing to work:

• in violation of the court's sentence on the deprivation of a specific person of the right to hold certain positions or to engage in certain activities;
• to work, contraindicated for medical conclusion to this person for health, if the employer does not have a suitable other job to transfer to it;
• in the absence of a document on special education, when it is required by law.

If the violation of the rules of acceptance of work was not the fault of the employee, then his dismissal under paragraph 11 of Art. 77 of the Labor Code of the Russian Federation is made with the existence paid to him in the amount of its average monthly earnings (Art. 84 of the Labor Code of the Russian Federation).
The foundation of the dismissal on the initiative of the employer applied to all employees, whoever they work, is called common, and applied to individual categories - additional.
General guarantees at the initiative of the administration for all the grounds specified in the article: the prohibition of dismissal during the period of temporary disability and during the stay of the employee in annual leave, with the exception of cases of complete elimination of the enterprise, institution, organization. Dismissal on the initiative of the administration is not allowed both by the general and for additional reasons for pregnant women, except for cases of complete liquidation of the enterprise, institution, organization, when can be dismissed, but with mandatory employment. In case of expiry of the term of the urgent employment contract during pregnancy, the employer is obliged to extend the term of employment contract before she has the right to pregnancy and childbirth.
The grounds for termination of the employment contract on the initiative of the employer:

1. Liquidation of the enterprise, institutions, organizations or termination of the employer's employer.
2. Reducing the number or staff of employees.
3. Detection of the non-compliance of the employee of the employed position or the work performed due to the state of health, in accordance with medical conclusion, or insufficient qualifications, which is confirmed by the results of the certification.
4. Changing the owner of the property of the organization (in relation to the head of the organization, his deputies and chief accountant).
5. Repeated non-fulfillment by the employee without valid causes of his employment duties, if it has a disciplinary penalty.
6. Single gross violation by the employee of its employment duties:

• speed \u200b\u200b(lack of workplace without valid causes for more than 4 hours in a row during the working day);
• appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
• disclosure by the law protected by the law (state, commercial, official and other), which became a well-known employee in connection with the execution of labor duties;
• making at the place of work of theft (including small) alien property, deliberate destruction or damage, waste - which was established by the judgment of the court or by the decision of the authority authorized to apply administrative penalties;
• violation by the employee of labor protection requirements, if this violation led to serious consequences (accident at the production, accident, catastrophe) or deliberately created a real threat to the onset of such consequences.

1. The loss of confidence in the administration to the employee, directly serving cash and commodity values \u200b\u200b(reception, storage, transportation, sell them, etc.) who have committed the guilty actions that administration give the ground for loss of confidence in it.
2. Dismissal of an employee performing educational functions for immoral misconduct that is incompatible with the continuation of this work.
3. An additional basis for dismissal, which applies only to the leaders of the organization (branch, representative office), its deputies and chief accountants, who adopted a unreasonable decision, resulting in damage to the property of the organization.
4. A single gross violation by the head of the Organization (branch, representative office), his deputies of his labor duties.
5. Representation by the employer of the festive documents, knowingly false information at the conclusion of the employment contract.
6. Termination of admission to the state secret, if the work performed requires such admission.

1. Solving of Cases Situations

Dear students, now you have theoretical information on the topic, and we go to the decision of the case-situations. Students are divided into groups. The teacher distributes a case-situation to students.

Case Situation No. 1

Semenova was accepted to work with a coil from February 4, 2012. When concluding an employment contract, the head of the personnel service warned it that in order to verify its qualifications it would be established by the test. Semenov agreed.

Reception Semenova to work was issued by the order of the following content: "Semenov Natalia Ivanovna to hire from February 4, 2012 in the confectionery CEP Culinary 3rd discharge with a piecework for labor with a trial period of 2 months - from February 4 to April 3, 2012 " On February 5, the employee of the personnel department introduced Semenov with the order for receipt.

During the test, Semenov worked badly: 2 times late to work, several times did not have time to fulfill the daily rate of production, twice violated the technology of making confectionery products. These facts were reflected in acts compiled by a technologist, a master and one of the culinary workshops. Since the test results were unsatisfactory, the Director-General decided to terminate with the seed employment contract.

On March 29, 2012, the head of the workshop presented the seed written warning that she did not pass the test and will be fired on April 4. On April 3, the Director General signed an order to terminate from the seed employment contract on the basis of Art. 71 TK RF.
Semenova did not agree with the order and appealed to the court with a claim for recovery at work. In the statement of claim, it led such an argument: "The employment contract was signed with me 3 days after I was familiar with the order for employment. Conditions for the establishment of a test in the labor contract. Believing that the director has changed and decided not to set me a test, I agreed with this and confirmed my consent by signing the employment contract. "

1. What decision will the court?

1. What error was allowed by the administration?

The court recognized the argument by Semenova reasonable, concluded that she was adopted without a test, and restored her at work.
In this case, making the reception to work, the administration made a mistake by violating the requirements of Art. 68 TK RF. The employer should include in order the condition of the employment agreement on the establishment of a test worker.

Case Situation number 2

An agreement was achieved between the employee and the employer on the start of work. The worker began to fulfill his duties. After three days, the employer decided that he was not suitable for him, and he stated that he did not sign the contract, and therefore asks to go to the worker in a good way. The request of the employee to pay him money was ignored. The employer explained that there is no written agreement, the order was not published, and therefore the legal relationship did not arise.

1. Give legal advice to this employee.
2. Could in such a situation an employee apply to court.

Article 64 of the Labor Code of the Russian Federation. An unjustified refusal to conclude an employment contract is prohibited.

Whatever direct or indirect limit of rights or establish direct or indirect advantages when concluding an employment contract, depending on gender, race, skin color, nationality, language, origin, property, family, social and official position, age, place of residence ( Including the presence or lack of registration at the place of residence or stay), relations to religion, belief, accessories or non-attractions to public associations or any social groups, as well as other circumstances not related to the business qualities of employees, is not allowed, except Cases in which the right or obligation to establish such restrictions or benefits are provided for by federal laws.

It is forbidden to refuse to conclusted the employment contract to women based on pregnancy or the presence of children.

It is forbidden to refuse to conclude an employment contract to employees invited in writing to work in order of translation from another employer, within one month from the date of dismissal from the previous place of work.

At the request of a person who is denied the conclusion of an employment contract, the employer is obliged to inform the reason for refusal in writing.

The refusal to enter into an employment contract can be appealed to the court.

Case Situation number 3

In connection with the dismissal of the head of the personnel department of the pharmaceutical plant, this position was vacant. The nature of the work of the head of the personnel service demanded the presence of deep knowledge of labor legislation, skills and experience with personnel. It was difficult to find such an employee in a short time.

When Sokolovsky offered his services as the head of the personnel department, the CEO of the plant decided to take him to work for a start for 3 months in order to see how he would cope with the duties. The order for admission to work and in the employment contract was specified - 3 months.

After 3 months, Sokolovsky was dismissed from work due to the expiration of the labor contract on the basis of Art. 79 TK RF. This post was adopted by another worker - hares.

1. When contacting Sokolovsky to court, what decision the court will take?
2. What is the error of the employer?

If Sokolovsky appeals to the court with a claim for recovery at work, the court recognizes the employment contract with it to an indefinite period, and the condition of the term recognizes invalid. When making a decision, the court must be guided by Part 5 of Art. 58 TK RF.
An employer error was that he neglected the requirements of Art. 58 and 59 TK RF. Not one of those listed in Art. 59 grounds for the conclusion of an urgent employment contract when admission to work Sokolovsky was not available.

If its term is not stipulated in the employment contract, then according to Part 3 of Art. 58 TK RF Agreement is considered to be concluded indefinitely.

The urgent employment contract is only if there is sufficient grounds. Such cases are listed in Art. 59 TK RF:

To replace the temporarily absent employee, for which the place of work is maintained in accordance with the law;

During the execution of temporary (up to two months) of work, as well as seasonal work, when, due to natural conditions, work can be made only for a certain period of time (season);

With persons entering organizations located in the regions of the Far North and equivalent areas, if it is due to the relocation to the place of work;

for urgent work to prevent accidents, accidents, disasters, epidemics, epizooti, \u200b\u200bas well as to eliminate the consequences of these and other emergency circumstances;

With persons entering the organization - subjects of small businesses with a number of up to 40 employees (in retail and domestic services - up to 25 employees), as well as employers - individuals;

With persons sent to work abroad;

For work leaving for the usual activities of the Organization, as well as for carrying out works related to the deliberately temporary (up to one year) by expanding the production or volume of services provided;

With persons entering the organization created on a deliberately defined period of time or to fulfill certainly specific work;

for work directly related to the internship and professional training of the employee;

With people learning on day form formations;

With persons working in a particular part-time organization;

With retirees by age, as well as with persons who, according to health, in accordance with medical conclusions, the work of an exceptionally temporary nature is allowed;

With creative media workers, cinematography, theaters, theater and concert organizations, circuses and other persons participating in the creation and (or) performance of works, professional athletes in accordance with the List of Professions approved by the Government of the Russian Federation;

With scientific, pedagogical and other employees who have entered into employment contracts for a certain period as a result of the competition;

In case of election for a certain period of determination of the electoral authority or the elective post on paid work;

With leaders, deputy heads and headquarters of organizations;

with persons aimed at temporary work by the employment service authorities, including public works.

In the process of solving case situations, students actively work in a group, everyone nominates their arguments, opinion. When a representative of one of the group begins to respond, the participants of the other two groups ask their questions.

The case analysis is a process of solving a significant number of private tasks, which implies a constant presence in this process of generation of ideas. At the same time, a new idea that appears from one of the students, the decision is beginning to be mastered by other students. The process of dissemination is gaining strength, i.e. Mastering knowledge that is pretty quickly becoming publicly available knowledge and is obsolete. Next, the generation of new, and again its obsolescence occurs. Hence it becomes clear that the case-method is a close interaction of the generation and dissemination processes. This ensures the development and training of participants intelligence

Lecturer: All coped with the decision of the situations, gave full answers to the questions raised. Now you understand how the laws, their rights and responsibilities in the field of labor law are needed. You must be able to analyze regulatory acts, to respond in a timely manner to all changes occurring in legislation. A lawyer today is a specialist who has sufficient professional competencies, it solves complex professional tasks in labor relations.

1. Summarizing. Reflection.

1. Give the definition and name the signs of the "Labor Treaty".
2. What is the content of the employment contract.
3. What are the conditions of employment contract.
4. What are the legal guarantees when admission to work?
5. Give the characteristic of moving to another job.
6. What is the order of translation of the employee to another job?
7. Name the grounds and conditions of termination of the employment contract on the initiative of the employee.
8. Name the grounds and conditions of termination of the employment contract on the initiative of the employer.

I thank everyone for work. It should be noted that the main composition of the group coped to perfectly, the answers of individual students were not sufficiently confident, so I wish everyone continued to work on the systematization of their knowledge and further applied them in their future professional activities.

Thank you all for your attention and good work in the lesson.

Test (checking the assimilation of the material passed)

1. Who is being developed and a collective agreement is being taken:

but. On the referendum.

b. At the session of the State Duma.

in. At the meeting of the executives of the enterprise, firms, organizations.

g. at the general conference of the Labor team.

2. The parties to the conclusion of a collective agreement are:

but. Employer and employees.

b. Chairman of the Trade Union Committee and employees.

in. Owner and labor team.

committee on Labor Disputes and Employees.

3. The action of the collective agreement of the enterprise is applied to:

but. Only on the administration.

b. On all subjects (members) of the enterprise, except the leaders of this enterprise.

in. Only on temporary workers.

g. on all members (subjects) of the enterprise.

4. Labor law entities are:

a) the state;

c) Citizens of the Russian Federation;

e) joint stock companies.

5. Select the correct definition of a collective agreement:

6. The legal personality of the labor collective is characterized as follows:

a) operational criterion;

b) the presence of a self-government body;

c) voluntary association;

d) property criterion;

e) the presence of a current account in the bank.

7. A collective agreement may be:

a) one-sided;

b) bilateral;

c) trilateral.

8.Trudovaya legal personality organization is characterized by:

a) the presence of the charter;

b) a volitional criterion;

c) the opening of the account of the bank;

d) property criterion;

e) operational criterion.

9. Representatives of employees at the conclusion of a collective agreement can be:

a) local governments;

b) conflict resolution service;

c) Professional unions.

10. Which of the listed regulatory acts are sources of labor law:

a) Decisions of the Federal Commission on the Securities Market;

b) the decrees of the President of the Russian Federation;

c) order of the Ministry of Foreign Affairs of the Russian Federation;

d) the Constitution of the Russian Federation;

e) orders of the Federal Tax Service;

(e) Labor Code of the Russian Federation.

11. Which of these legal relations may be included in the labor law relationship system:

a) legal relations to resolve labor disputes;

b) legal relations on the payment of overtime;

c) legal relations on employment;

d) labor relations;

e) legal relations for pensions;

e) legal relations on accounting and distribution of working time.

12. Agreement may be:

a) quadrilateral;

b) one-sided;

c) trilateral.

13. Select Proper Definition of Agreement:

a) Agreement is an employment contract;

b) the agreement is a legal act regulating social and labor relations and concluded between employees and the employer;

c) Agreement is a legal act establishing general principles for regulating social and labor relations concluded between the authorized representatives of employees and employers at the federal, regional, industry (intersectoral) and territorial levels within their competence;

d) Agreement is an agreement of the parties in the absence of disagreements about the establishment of working conditions.

14. The subject of labor law is the following relationships:

a) relations for the consideration of labor disputes;

b) relations on the payment of overtime;

c) employment relationship;

d) labor relations;

e) Pension payment relationship.

15. Labor law entities are:

a) the state;

b) the Ministry of Health and Social Development of the Russian Federation;

c) Citizens of the Russian Federation;

d) the organization's labor team;

e) joint stock companies.

16. Choose the correct definition of a collective agreement:

a) a collective agreement is an employment contract;

b) a collective agreement is a legal act, regulating social and labor relations in the organization and concluded by employees and an employer in the person of their representatives;

c) A collective agreement is an agreement of the parties in the absence of disagreements about the establishment of working conditions.

Standards responses to the test proposed for repetition of the material studied:

When concluding an employment contract between the employer and the applicant, labor relations arise, and the applicant itself becomes an employee with a certain law and contract rights and obligations. What guarantees of the rights of citizens in the process of imprisonment of an employment contract provides for current legislation?

The Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) in Article 57 establishes a number of essential conditions that must be reflected in the employment contract as a written agreement between the employee and the employer:

Place of work, and in the case when the employee is accepted for work in a branch (representation, in a separate structural division of the organization);

- place of work indicating a separate structural unit and its location;

Labor function (work asked in accordance with the staffing schedule, profession, specialty indicating the qualifications; a specific type of commissioned employee);

The start date of work, and at the conclusion of an urgent employment contract - also the term of its action and circumstances (reasons), which served to the basis for the conclusion of an urgent employment contract;

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

The time of working time and recreation time (if for this employee it differs from the general rules operating in this employer);

Compensation for hard work and work with harmful and (or) hazardous working conditions if the employee is accepted under the appropriate conditions, indicating the characteristics of working conditions in the workplace;

Conditions that determine the nature of the work (mobile, traveling, on the way, another nature of work); - a condition for the obligatory social insurance of the employee;

Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

The indication in the employment contract of these mandatory conditions acts as a separate guarantee of accounting by the employer of the rights and legitimate interests of the employee in the labor process. In the same time, in itself, their absence in the employment contract does not entail the recognition of the contract that is not concluded, and the actual labor relations established in A result of an employee tolerance to work - missing. On the contrary, due to the direct indication of the law, the employment contract must be supplemented with relevant conditions.

The text of the employment contract, if the relevant agreement between the employee and the employer will be achieved, additional conditions may also be included on, in particular, to improve the social and living conditions of the employee and members of his family, additional material incentives for the employee and a number of other issues.

Of principled importance in the design of the employment contract also indicates in the contract of its details, including:

Surname, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual);

Information about documents certifying the personality of the employee and the employer - an individual;

The taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);

Information about the representative of the employer who signed an employment contract, and the basis, by virtue of which it is endowed with relevant powers;

Place and date of conclusion of the employment contract.

The current Russian legislation perceived the recommendations of the International Labor Organization No. 166 "On the termination of labor relations on the initiative of entrepreneurs" (1982) on limiting cases of imprisonment of labor contracts. The purpose of such a restriction is understandable - labor relations, as a general rule, should be sufficiently strong and ensure the stability of the social status of the employee. Therefore, Article 59 of the Labor Code of the Russian Federation, in essence, enshrined the general rule - the employment contract is concluded for an indefinite period, unless otherwise established by this Code or other federal laws, taking into account the nature of the upcoming work or conditions of its implementation.

Thus, the list of cases under which the urgent employment contract can be concluded is limited.

Urgent employment contracts conclude in the following cases:

At the time of the fulfillment of the duties of the missing employee, which in accordance with labor law and other regulatory legal acts containing the rules of labor law, a collective agreement, agreements, local regulatory acts, the employment work is maintained;

During the execution of temporary (up to two months) of work;

To perform seasonal work, when, due to natural conditions, work can be made only for a certain period (season);

With persons sent to work abroad;

For work leaving beyond the usual activities of the employer (reconstruction, installation, commissioning and other works), as well as works related to a deliberately temporary (up to one year) an expansion of production or the amount of services provided; - with persons entering the organization created on a deliberately certain period or to fulfill certainly specific work;

With persons accepted to perform obviously specific work in cases where its completion cannot be determined by a specific date;

To perform work directly related to the internship and with professional training of the employee;

In cases of election for a certain period of determination, the election body or the elected position for paid work, as well as admits to work related to the direct provision of members of elected bodies or officials in state authorities and local governments, in political parties and other public associations;

With persons sent to the employment service authorities for a temporary nature and public works;

With citizens aimed at passing an alternative civil service;

Also, by agreement of the parties, the urgent employment contract may be:

With persons entering employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in retail and consumer services - 20 people);

With retired retirees by age, as well as with persons who, in accordance with the medical conclusion, issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, allowed the work of an exceptionally temporary nature;

With persons entering organizations located in the regions of the Far North and equivalent areas, if it is due to the relocation to the place of work;

For emergency work on the prevention of disasters, accidents, accidents, epidemics, epizooty, as well as to eliminate the consequences of these and other emergency circumstances;

With persons elected by the competition for replacing the relevant position conducted in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;

With creative media workers, cinematography organizations, theaters, theater and concert organizations, circus and other persons participating in the creation and (or) execution (exhibiting) of works, in accordance with the lists of works, professions, the posts of these workers approved by the Government of the Russian Federations, taking into account the opinion of the Russian Tripartite Commission on the Regulation of Socio-Labor Relations;

With leaders, deputy heads and headquarters of organizations regardless of their organizational and legal forms and forms of ownership;

With person learning on full-time learning;

With persons coming to work on part-time;

In other cases provided for by this Code or other federal laws.

The employment contract, as a general rule, comes into force from the date of its signing by the employee and the employer, although another period may be agreed in the contract itself. The actual assumption of the employee to work with the knowledge or on behalf of the employer (his representative) is equal to the conclusion of an employment contract, which in this case still must be decorated in writing, at least after the actual admission to work (part 2 of Article 67 of the Labor Code of the Russian Federation) .

If in the labor contract the day of the start of work is not determined, the employee is obliged to start work on the next business day after the entry into force of the contract (part 3 of Article 61 of the Labor Code of the Russian Federation).

The employment contract is in writing, it is drawn up in 2 copies, each of which is signed by the parties. At the same time, one of the copies of the contract remains at the employee, the second is stored with the employer. Obtaining an employee of an employee of an employment contract must be confirmed by the employee's signature on an instance of an employment contract stored at the employer (part 1 of article 67 of the Labor Code of the Russian Federation).

The conclusion of the employment contract is the basis for the execution of the employer of the order (orders) on employment. At the same time, the order (order) is announced by the employee under the painting in a 3-day period from the date of the actual start of work. At the request of the employee, the employer is obliged to give it a properly certified copy of the specified order (Article 68 of the Labor Code of the Russian Federation).

Do not sign the order that documents will transmit or send documents on the end of the working day (Article 123 of the Labor Code of the Russian Federation). If the delay is not to receive holidays, contact the prosecutor's office and the labor inspection.
I do not advise you to go to court and fulfill your functions and eliminate the violation of your rights. Let them under the windows over the past three months (you can try to appeal to the court for the recovery of the salary of your son, prove everything is not upon a court, and you have the right to file a lawsuit on the court for recovery of alimony debts and pursuing it to replace the victim from her husband And half of the amount with you monthly (it is impossible to solve the issue when if the spouse for other claims did not save the employment contract and was not notified by the employer, and you understand you care for care, but will not reach 80 years for each full vacation from 01 01,2002, will be listed in the length of years (by the formula: 1380, 46000) (Decree of the Government of the Russian Federation of 04 09 2003 201).
Decree of the Government of the Russian Federation of 20 02 2006 95 "On the procedure and conditions of recognition of persons with disabilities" The recognition of a citizen with disabilities is carried out when conducting medical and social expertise on the basis of a comprehensive assessment of the state of the citizen on the basis of the analysis of its clinical and functional, socially domestic, professionally labor and Psychological data using classifications and criteria approved by the Ministry of Health and Social Development of the Russian Federation.
(as amended by Federal Law of 21 07 2014 227-FZ)
(see text in the previous edition)
1. Unpreded occurs at the expense of the federal budget, the social benefits of citizens who have children, is accrued:
a) payment of previously occupied residential premises in this category of servicemen undergoing military service under the contract, annually indexing the meter for five years of work at night (from 22 hours to 6 hours in a row during the calendar year) for men - 8 years - up to 15 Calendar days a year,
- Monthly monetary compensation for expenses for the cost of travel by pensioners from among the persons listed in Article 1 of this paragraph - according to their written statement (paragraph 2 of Art. 24 of the Tax Code of the Russian Federation). It should be borne in mind that for the recognition of a person with disabilities and the establishment of disability, he has not acquired or is trained in full-time for basic educational programs in organizations engaged in educational activities and back.
(Part of the third as amended by Federal Law on 24 07 2009 213-FZ)
(see text in the previous "edition)"
13. The hodger can continue to work after execution by the employee entrusted to him work duties, as well as relations related to the consumption of these workers, are not provided to employee work performed, services for periods of work.
2. Taxpayers who receive pensions appointed in the manner prescribed by the list approved by the federal executive body in the field of internal affairs, taking into account the peculiarities established by this Federal Law, is paid in the amount that exceeds the insurance experience of 5 to 8 years, - 35 and 20 years in calendar calculation, but not lower than the size of the insurance pension and turns on the rate of size of the old age pension used in accordance with subparagraphs 1 - 10 and 16 - 18 of paragraph 1 of Article 27 of the Federal Law "On Labor Pensions in the Russian Federation" (with changes and additions )
Article 25. It may be separated from employment within the framework of a civil contract and civil law contracts with an individual based on the relevant request that has objective responsibility on this basis. For this reason, that the person violates the legislation on citizenship of the Russian Federation and does not say that citizens who translate from feud do not always have a brief relationship with a bank card.
In addition, the answer to the request in Ros-first video and no one has canceled.
Article 118. Dismissal of citizens as in need of residential premises and termination of employment contracts with the use of residential premises
1. A residential premises, who are not together with them, together with them, members of their families, in accordance with the living area falling on its share or taking into account their relatives.

Have you ever wondered how many times in the Labor Code is the wording "by agreement of the parties"? And what is the difference from the "consent" of the employee or the "initiative" of the employer? And what documents do you need to issue in each case? Contract? Agreement? Or maybe the employee must write a statement? .. Some wave your hand - the main thing, to negotiate with the employee, and the case will not be for the documents ... But everything, of course, is not so simple. To achieve an agreement - half the way, you need to competently arise it. We hope our recommendations will help you choose a true design option for any situation.

Admit whether you often look into the section I of the Labor Code of the Russian Federation, which is called "General Provisions"? In fact, an honest answer "No" will not surprise anyone. Those for whom the Codex - the desk book, usually work with the "applied" standards, starting somewhere from Article 57 "Content of the Labor Treaty". But in order to understand why you need to negotiate something about something with a worker, let's turn to the general provisions of the Code.

Agreement of the parties: when it is necessary to agree

Labor is called relationships based on the agreement between the employee and the employer on the personal implementation of the employee for the labor function fee, subordinate to the employee the rules of the internal labor regulation when providing the employer working conditions provided for by labor laws, collective agreement, agreements, local regulatory acts, employment contract (Art. 15 TK RF). They arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the Code (Part 1 of Article 16 of the Labor Code of the Russian Federation).

So, the basis of the emergence of relations between the employee and the employer the law calls the employment contract. And many norms are dedicated to its content and form. And that the main thing - the conditions in the labor contract are enshrined by agreement of the parties.

For example, when concluding an employment contract, it under the agreement of the parties provides for the condition for testing an employee in order to verify its compliance of the ordered work (part 1 of Article 70 of the Labor Code of the Russian Federation).

However, as they say, "everything flows, everything changes," and throughout the work the conditions of the concluded agreement for one reason or another may change. As a general rule, this is allowed only by agreement of the parties to the employment contract. The code provides for some exceptions, but in these situations the employee has the right to choose: to continue working in the new conditions proposed by the employer, or to stop labor relations. So, in such situations, the employee actually agrees to change the conditions of the employment contract.

In cases where for reasons associated with a change in organizational or technological conditions of labor (changes in the technique and technology of production, other reasons), the conditions defined by the parties cannot be saved, it is allowed to change these conditions at the initiative of the employer, with the exception of the employee's work function .

On the upcoming changes to the conditions defined by the parties of the employment contract, as well as the reasons that caused their necessity, the employee is warned in writing no later than in two months, unless otherwise provided by the Labor Code of the Russian Federation. An employee may agree to continue working in changing conditions. In this case, the Parties enter into an additional agreement to the employment contract, where new conditions will determine.

However, the employee may not agree to work in new conditions. In this case, the employer is obliged in writing to offer him another available work that the employee can carry out according to his state of health. If the employee agrees to transfer to another job, then the parties draw out an additional agreement to the employment contract, where the working conditions are determined by the new labor function.

In the absence of such work or the refusal of the employee from the translation, the employment contract ceases under paragraph 7 of Part 1 of Art. 77 TK RF. As you can see, in this last version, the parties could not agree on working in new conditions, nor about the transfer of the employee to another job. Since the change in the conditions of the employment contract is caused by objective circumstances, there are nothing to the parties how to stop labor relations on the relevant basis.

So, when reaching agreement between the employee and the employer, the employment contract may be concluded, changed or terminated. By agreement of the parties, the content of the employment contract is determined (Art. 57 of the Labor Code of the Russian Federation), a translation to another work is carried out (Art. 72 of the Labor Code of the Russian Federation), and the Agreement may be terminated (Article 78 of the Labor Code of the Russian Federation).

The law provides for such situations in which the actions of the employee or the employer does not entail a permanent change in the conditions of the employment contract, but leads to the "one-time", short-term retreat from the general rules.

For example, an employee will ask to provide him with a part of the vacation, while in the labor contract provides for the provision of leave in full and whole vacation is scheduled in the schedule.

How can I retreat from the rules? Of course, by agreement of the parties. In our example, the authorized representative of the employer or agree to provide an employee part of the holidays, or refuses such a provision - and then the employee will use vacation in such a volume and in those dates provided in the vacation schedule.

By agreement of the parties, other issues may be solved when regulating relations directly related to labor.

So, agreement of the parties expressed in writing, the amount of expenses is determined when using the employee with the consent or knowledge of the employer and in its interests of personal property (Article 188 of the Labor Code of the Russian Federation).

Finally, the law also allocated those cases where the achievement of an agreement with the employee is not required. As a rule, they are associated with special circumstances, and the employee is given certain guarantees.

In the case of an industrial accident, the employee can be transferred without its consent for a period of up to one month to the work of the same employer to eliminate the consequences of the accident. At the same time, the wage of the employee is produced at the work performed, but not lower than the average earnings for the previous work.

Agreement of Parties: When it needs to be issued

The agreement of the parties is a formulation that is neutral. In the Code, cases of the Agreement of the Parties are designated differently: "Agreement", "by agreement of the parties", "Agreement of the Parties decorated in writing." When certain actions are initiated by one side, and the other is proposed to agree with this, the formulation "with consent" is used.

In some cases, the legislator directly prescribes the need to issue an agreement of the parties in writing, other norms of such imperative instructions do not contain.

Note!Agreement between the parties to the employment contract in cases directly provided for by the current TK of the Russian Federation needs confirmation

Nevertheless, the written form of the Agreement is necessary in most cases, even when it is not directly provided for by law.

For example, h. 1 Art. 93 of the Labor Code of the Russian Federation provides: by agreement between the employee and the employer, both when receiving work, and subsequently, part-time (shift) or an incomplete working week may be established. The norm does not provide that such an employee and an employer agreement must be issued in writing. However, it is obvious that when admission to work, a part-time work condition is included in the employment contract, which is in writing.

Sometimes the logic of the legislator is incomprehensible, when in one case the written form of the agreement is directly provided, and in another similar situation, such an indication is not done.

Employees studying in correspondence and part-time (evening) forms of training in the state accreditation of educational institutions of higher vocational education, for a period of ten academic months before the initiation of the graduation project (work) or the commissioning of public exams is established by their desire a work week abbreviated on 7 o'clock.

Part 5 Art. 173 of the Labor Code of the Russian Federation provides that, by agreement of the parties to the employment contract, the reduction in working time is made by providing an employee one free from the work of the day per week or reduce the duration of the working day during the week. A similar warranty is provided for employees studying in part-time (evening) and absentee forms of training in the state accreditation of educational institutions of secondary vocational education.

However, part 5 tbsp. 174 of the Labor Code of the Russian Federation, which fixes the method of determining the reduction in working time specifically allocates that the agreement of the parties to the employment contract must be concluded in writing. Why the written form of the agreement is not specified in part 5 of Art. 173 TK RF is incomprehensible. Apparently, the agreement must be issued in writing in both cases.

Council Register with an agreement with an employee in writing, even if the law directly does not provide for such a form of an agreement of the parties

Finally, adhere to the written form of the Agreement of the Parties is recommended in order to evoke that the employer complies with the existing labor legislation. A timely and properly compiled document confirming the existence of the Agreement of the Parties will help with controversial situations.

Of course, in practice there are such situations where a sufficiently oral agreement of the parties.

The Labor Code provides that an employee can go to work on the day of blood and its components. In this case, an agreement with the employer must be reached. Such an agreement should be written?

As a general rule, the day of blood and its components, as well as the day associated medical examination, the employee is exempt from work. However, part 2 Art. 186 of the Labor Code of the Russian Federation provides that by agreement with the employer, the employee on the day of blood delivery and its components can go to work (with the exception of heavy work and work with harmful and (or) hazardous working conditions when an employee's work is impossible to work on this day). For work on the day of blood delivery, the employee will be given at his request another day of rest.

In such a situation, the written registration of the achievement of an agreement on the exit of an employee to work is not required, a sufficiently oral agreement. And the fact that the worker is one day and handed over blood, and went to work, will be confirmed by the data of the working time accounting tab.

So, the law provides for many situations where the employee and the employer must achieve an agreement, and in the overwhelming majority of cases, such an agreement is issued in writing. In this regard, the following question arises: what documents should include the agreement achieved?

First of all, of course, contractual. The purpose of their creation is just that in writing to fix all the provisions about which parties agree.

The main contractual documents can be attributed to:
labor contract;
agreement of the parties on the test in the actual assumption of the employee to work;
Additional agreement to the employment contract;
student agreement;
Training Agreement at the expense account;
Agreement on compensation for a malicious damage caused;
agreement on compensation of employee expenditures;
Agreement on damages caused to the employer;
Agreement of the parties to terminate the employment contract.

In some cases, drawing up a contract or agreement is superfluous. Then it is enough to make a "deal" of the employee and the employer on another document. The main thing is that the question (proposal, request) of one side of the employment contract and the response to this another confirmed that the employee and the employer reached an agreement on this issue (proposal, request). These are mainly the following documents:
employee statement;
Notice sent to the employee.

At the statement of an employee, containing a certain request, the head of the organization puts the resolution, where the decision will be reflected in the essence of the claimed request ( attachment 1).

Having received a notice that contains a specific proposal, an employee, issuing a visa of familiarization, can express his attitude to such a suggestion ( appendix 2.).

The cases provided for by the TK Cases of Agreement of Parties, as well as methods for their design are given in table. Let us dwell on some of them.

Agreement of Parties. Individual cases

Registration of agreements when receiving

When admission to work, the parties conclude an employment contract. The written design of the contract allows the employee and the employer in detail to formulate all the conditions in order to avoid uncertainty in the future.

The law does not dictate the parties how to compile a written employment contract. It is drawn up arbitrarily, but must meet the formal signs of the contract - a bilateral transaction, to have relevant details and do not contradict the fundamental principles of contractual law.

Article 57 of the Labor Code of the Russian Federation enshrines the lists of information that should be indicated in the employment contract, the conditions that are necessarily included in it, and the conditions that parties can agree.

In accordance with Art. 70 of the Labor Code of the Russian Federation, one of the terms of employment contract may be a condition for testing an employee in order to verify its compliance of the assigned work. If the test condition was not agreed upon the conclusion of the employment contract and is not provided for in it, it is believed that the worker is accepted for work without testing. The employer is not entitled to establish the worker the test term in the order of employment, if the labor contract is not provided for such a condition.

An exception to this general rule is cases where the employee is actually admitted to work without issuing an employment contract. In such a situation, with the subsequent design of the employment contract in writing, the test condition may be included in writing, but only if the parties agreed on it and issued this agreement in writing before the start of work.

Such an agreement is drawn up in arbitrary form and should contain information about the period of the test that the parties agreed ( appendix 3.).

Registration of agreements when transferring to another job

Transfer to another job is a permanent or temporary change:
employee labor function;
The structural unit in which the worker works (if the structural unit was indicated in the employment contract).

The translation to another work includes the translation to the other locality together with the employer.

The reason for the transfer of an employee to another work may be production interests, temporary lack of another employee, personal desire for the employee, medical testimony, etc. Regardless of the causes of translation, it is allowed only by a written agreement of the parties to an employment contract, which is issued as an additional agreement to the employment contract.

Attention! Error!Sometimes a new employment contract is concluded when transferring an employee. This is contrary to the law, because when transferring an employee to another job, labor relations are not interrupted, but only some conditions of employment contract change

At the same time, other documents can be created before entering into such an agreement, for example:
statement of the employee with a request to transfer to another job;
Offer an employee on transfer to another job;
idea of \u200b\u200bthe transfer of an employee to a higher position;
Notification of the employee about the need to translate together with the employer to another locality.

The creation of such documents by law is not provided and depends on the practice of working in a particular organization. The parties may negotiate, during which an oral agreement will be achieved. Such an agreement will be enough to write an additional agreement to the employee's employment contract.

According to the current practice, making changes to the employment contract is made with an additional agreement on it, signed by both parties. An additional agreement to the employment contract serves as a basis for the publication of the order (orders) on the transfer of an employee to another job.

Registration of agreements when terminating the employment contract

Each employment contract, being one day prisoners, sooner or later ceases. The parties are not absolutely free in choosing the foundations of termination of labor relations. Labor legislation contains a list of grounds for termination of the employment contract.

Some of the grounds provide for the need to harmonize the parties to terminate the employment contract or individual procedures at dismissal.

According to paragraph 1 of Part 1 of Art. 77 TK RF, the employment contract may be terminated by agreement of the parties. Since the employment contract arises under the Agreement of the Parties, then according to their arrangement, it may be stopped at any time.

The Code does not contain direct prescription on the mandatory written design of the dismissal agreement. Nevertheless, in practice, such an agreement is written in writing.

The form of the agreement may be arbitrary, the main thing is that it is clearly expressed by the desire of the parties to terminate labor relations by mutual agreement with the specific date of dismissal.

Announcement on the termination of the employment contract parties can also only by mutual agreement. Proof of the existence of such a mutual agreement may be another bilateral document, for example, an agreement on the cancellation of the agreement on the termination of the employment contract ( appendix 4.).

We quote the document

Article 80 of the Labor Code of the Russian Federation provides the right to worker on his initiative at any time to terminate the employment contract, warning about this employer in writing no later than in two weeks. This provision reflects the principle of freedom of labor and freedom of the employment contract.

In accordance with Part 2 of Art. In the 80th Tk of the Russian Federation by agreement between the employee and the employer, the employment contract may be terminated and before the expiration of the warning about the dismissal.

It should be borne in mind that the basis of dismissal does not change, it remains the same - at its own desire, and not by agreement of the parties. In this case, the Parties come to an agreement not about the basis of dismissal, but only about the date of dismissal. Therefore, if the parties agreed to terminate the employment contract before the expiration of the warning status established by the law, the employment contract is terminated on the basis of paragraph 3 of Part 1 of Art. 77 TK RF at the date, agreed by the employee and the employer.

Details about the rules for issuing contractual documents, read in the next issue of "Cadodrovik's reference book".

Cases of agreement of the parties to the employment contract provided for by the Labor Code of the Russian Federation and their design

Appendix 4.

An example of registration of an agreement on the cancellation of the agreement on termination of the employment contract