The object of labor relations is the employee. Abstract: Labor relations. Features of labor relations

Labor relations of workers, their types.

The concept of labor relations

Labor relationship represents legal relationship between the employee and the 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 rules labor regulations, labor legislation, collective and individual labor contracts.

The relationships themselves have specific features:

1. take place under conditions of subordination to internal labor regulations;

2.the employee, as a rule, is included in labor collective.

Subjects of labor relations

The participants (subjects) of labor relations are employees 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 legal relationship is the skills, abilities, and abilities of the employee, which he offers to use to 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.

The following types of labor relations are distinguished:

1.Relations regarding employment issues. Strictly speaking, these relations are not yet labor relations. They precede the emergence of labor relations and create an appropriate legal basis for them. They determine the nature of future labor relations. At this stage there is no employee and employer yet. Here there is an individual who enters into a relationship with the administration of the enterprise regarding the conclusion employment contract.

2. Direct labor relations. All subjects act here labor law(main and additional).

3. Relations related to the termination of an employment contract and the dismissal of employees.

4. Relations arising in connection with the reinstatement of the employee. These relations arise if the employment contract was terminated at the initiative of the employer and the employee who disagreed with such a decision filed a claim in court for reinstatement at work.

2.Method of labor law: concept, types, features.

Labor law method- a set of legal means used in regulating labor and other relations directly related to them.

A special feature of the labor law method is its combination unity(establishing the same standards for workers with different working conditions) and differentiation(established different standards in accordance with different working conditions) legal regulation.

Another feature of the labor law method is specifics of protecting the labor rights of participants labor relations.

- Supervision and control compliance with labor and labor protection legislation is carried out by special government agencies independent from employers, which is a certain guarantee of their objectivity

- Public control carried out by trade unions and inspections under their jurisdiction.

Finally, the protection of labor rights is also carried out labor permitting authorities(individual or collective) disputes. The procedure for considering labor disputes differs significantly from the procedure for considering ordinary civil cases.

In the system of legal relations, the main thing is the labor legal relationship as it connects all other types of legal relations.

An employment relationship is a “relationship based on an agreement between an employee and an employer about the personal performance of the employee for pay. labor function(work in a certain specialty, qualification or position), the employee’s subordination to the internal labor regulations while the employer provides working conditions provided for by labor legislation, collective agreements, agreements, labor contracts" (Article 15 of the Labor Code of the Russian Federation). The labor relationship in reality acts as a labor legal relationship, since it is regulated by the rules of law See: Kolobov S.V. Labor Law of Russia. Textbook for universities. - M., 2008. P. 25..

Labor legal relations have some features that make it possible to distinguish them from civil legal relations related to the use of labor. Labor relations are characterized by a continuing nature, i.e. an employee, having concluded an employment contract (for an indefinite period or fixed-term), enters into a legal relationship to perform a specific labor function, and not a one-time task, which may be provided for in a civil contract (contract, assignment). Having concluded an employment contract (and this is evidence of the emergence of labor relations), a citizen acquires the status of an employee and is included in the work collective. The behavior of subjects of labor relations is regulated by internal labor regulations. In civil legal relations related to the use of labor, a citizen performs a one-time task, in which the final result of the work is specified, at his own risk. In this case, the citizen (contractor, performer) is not included in the work collective and is not subject to internal labor regulations.

As can be seen from the definition, the subjects of the labor relationship are the employee and the employer.

Each legal relationship in the sphere of labor law has an independent content of the rights and obligations of the subjects. The content of the labor relationship is the mutual labor rights and obligations of its subjects, determined by labor legislation, collective agreements, agreements, and employment contracts. The labor relationship includes a number of rights and related responsibilities of the parties: working time, rest time, remuneration, disciplinary liability, etc. The basic rights and obligations of the employee 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.

In Article 16 Labor Code of the Russian Federation, the grounds for the emergence of labor relations are named. The legal expression of the will of the participants in the employment relationship is the employment contract. For some categories of workers, a complex legal structure is established that precedes the emergence of labor relations. In labor law, this complex legal composition is a set of legal facts that occur in a certain sequence: competition and employment contract, election to a position and employment contract, etc. Complex legal structures include such procedures as election(s) to a position (for example, election of a university rector); competitive selection of teaching staff; appointment or confirmation to a position (for example, the appointment of judges or the approval by a higher management body of an employee entering a leadership position).

Labor relations can also arise on the basis of a job assignment by bodies authorized by law against an established quota, i.e. minimum number of jobs for citizens who especially need social protection. For example, in accordance with the Federal Law of November 24, 1995 N 181-FZ “On social protection of disabled people in Russian Federation"SZ RF. 1995. N 48. Art. 4563. for all organizations, regardless of organizational and legal forms and forms of ownership, the quota is no less than 2 and no more than 4% of the total number of employees, if the number of employees is more than 30 people.

A complex legal structure, which includes a court decision on the conclusion of an employment contract and an employment contract, is the basis for the emergence of labor relations. This situation is possible in cases of illegal refusal to hire. The court may decide to conclude an employment contract when considering a claim for an unjustified refusal to hire. Articles 3 and 64 of the Labor Code provide for the possibility of appealing a refusal to conclude an employment contract. Thus, the court decision in this case is a law-forming legal fact.

The basis for the emergence of an employment relationship is Art. 16, 61 and 67 of the Labor Code of the Russian Federation recognize actual admission to work with the knowledge or on behalf of the employer (his representative). When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three days from the date the employee is actually admitted to work.

Contractual grounds (legal facts) are also typical for changes in labor relations. So, according to Art. 72 of the Labor Code of the Russian Federation, transfer of an employee to another job is permitted only with the written consent of the employee. Transfer to another job at the unilateral expression of the will of a party to the employment relationship is possible only in cases strictly established by law (Article 74 of the Labor Code of the Russian Federation).

The grounds for termination of labor relations are both the agreement of the parties (Article 78 of the Labor Code of the Russian Federation) and the unilateral expression of the will of each of them (Articles 80 and 81 of the Labor Code of the Russian Federation). In some cases, the basis for termination of labor relations may be an expression of will (act) of a body that is not a party to the labor relationship (clauses 1, 2, 4, 5 of Article 83 of the Labor Code of the Russian Federation).

Features of the labor relationship, its differences from related civil legal relations.

The concept of labor relations

Labor relationship- this is a social relationship regulated by the norms of labor law that arises on the basis of an employment contract, according to which one subject (employee) undertakes to perform a labor function subject to the rules of internal labor regulations, and the other subject (employer) is obliged to provide work, ensure healthy and safe conditions labor 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 a collective agreement (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: working time, rest time, remuneration, guarantees and compensation, 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:

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:

Protection of the rights and interests of employees in the event of unjustified conclusion of civil contracts with them (part 4 of article 11, article 19 1 of the Labor Code of the Russian Federation).

An employment relationship is a voluntary legal relationship between an employee and an employer regarding the use of his knowledge, skills, abilities and abilities in the labor process. The employee undertakes to personally perform a certain labor function and obey the internal labor regulations in force in this organization, and the employer undertakes to provide the work stipulated by the contract, pay for his work and create the necessary conditions in accordance with labor legislation, collective agreement and employment contract.

Unlike civil legal relations, which can arise from all legal facts (events, legal and illegal actions), labor legal relations arise only from a lawful expression of will, a legal act aimed at establishing an employment legal relationship, that is, from an employment contract.

The parties and subjects of the labor relationship are the employee and the employer. In addition to the parties, trade unions, other representative bodies of workers, representative bodies of employers, including heads of organizations, are recognized as subjects of labor relations.

Subjects of labor law are participants in social relations, endowed by legislation and specified agreements with certain rights and responsibilities in the process of fulfilling the functions and regulatory requirements assigned to them.

The rights and obligations of participants in labor relations are enshrined in Articles 21, 22 of the Labor Code of the Russian Federation, according to which

the employee has the right to:

Conclusion, amendment and termination of an employment contract in the manner and on the terms established by this Code and other federal laws;

Providing him with work stipulated by the employment contract;

A workplace that meets the conditions provided for state standards organization and labor safety and collective agreement;

Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed;

Rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working days holidays, paid annual leave;

Complete reliable information about working conditions and labor protection requirements in the workplace;

Professional training, retraining and advanced training in the manner established by this Code and other federal laws;

Association, including the right to form trade unions and joining them to protect their labor rights, freedoms and legitimate interests;

Participation in the management of the organization in the forms provided for by this Code, other federal laws and the collective agreement;

Conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;

Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

Resolution of individual and collective labor disputes, including the right to strike, in the manner established by this Code and other federal laws;

Compensation for harm caused to an employee in connection with his performance labor responsibilities, and compensation for moral damage in the manner established by this Code and other federal laws;

Compulsory social insurance in cases provided for by federal laws.

The employee is obliged:

Conscientiously fulfill his labor duties assigned to him by the employment contract;

Comply with the internal labor regulations of the organization;

Maintain labor discipline;

Comply with established labor standards;

Comply with labor protection and occupational safety requirements;

Treat the property of the employer and other employees with care;

Immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property.

The employer has the right:

Conclude, amend and terminate employment contracts with employees in the manner and on the terms established by this Code and other federal laws;

Conduct collective negotiations and conclude collective agreements;

Encourage employees for conscientious, effective work;

Demand that employees fulfill their job duties and take care of the property of the employer and other employees, and comply with the internal labor regulations of the organization;

Involve employees in disciplinary and financial liability in the manner established by this Code and other federal laws;

Adopt local regulations;

Create associations of employers for the purpose of representing and protecting their interests and join them.

The employer is obliged:

Comply with laws and other regulatory legal acts, local regulations, terms of the collective agreement, agreements and employment contracts;

Provide employees with work stipulated by the employment contract;

Ensure labor safety and conditions that meet occupational safety and health requirements;

Provide workers with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;

Provide workers with equal pay for work of equal value;

Pay the full amount of wages due to employees within the time limits established by this Code, the collective agreement, the internal labor regulations of the organization, and employment contracts;

Conduct collective negotiations, as well as conclude a collective agreement in the manner established by this Code;

Provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

Timely comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws and other regulatory legal acts containing labor law standards;

Consider submissions from relevant trade union bodies, other representatives elected by employees about identified violations of laws and other regulatory legal acts containing labor law norms, take measures to eliminate them and report the measures taken to the specified bodies and representatives;

Create conditions that ensure the participation of employees in the management of the organization in the forms provided for by this Code, other federal laws and the collective agreement;

Provide for the everyday needs of employees related to the performance of their job duties;

Carry out compulsory social insurance of employees in the manner established by federal laws;

Compensate for harm caused to employees in connection with the performance of their job duties, as well as compensate for moral damage in the manner and on the terms established by this Code, federal laws and other regulations legal acts;

Fulfill other duties provided for by this Code, federal laws and other regulatory legal acts containing labor law standards, collective agreements, agreements and employment contracts.

By collective and individual agreements, the list of rights and obligations can be further specified and clarified.

Subjective rights and obligations directly arising from the law represent the core legal status subject of labor law and are called statutory, that is, fundamental, unchangeable,

guaranteed and supported by the entire power of the coercive apparatus of the state. For example, the statutory rights of citizens in the sphere of labor, enshrined in Article 37 of the Constitution of the Russian Federation, in the articles of the Labor Code of the Russian Federation, in federal laws of the Russian Federation, regulating labor and other legal relations directly related to them.

Labor relations are volitional social relations that develop as a result of application work force to the means of production.

These relationships arise where and when an employee is included in the organization’s staff to personally perform a labor function specified in a contract for a fee, subject to the labor regulations established in the organization.

The specific features of labor relations are the following:

Enrolling a citizen into the organization's workforce;

Personal performance of one’s work duties;

Exercising powers within a certain labor function1;

Submission to the labor regime established in the organization (internal labor regulations, shift schedules, safety instructions, orders of managers, etc.);

Compensation of labor relations, that is, the unconditional obligation of the employer to pay for the employee’s work.

The characteristic features of labor relations are that they always:

Double sided;

Individual;

Lasting;

Targeted.

Labor relationship - this is a social relationship regulated by the norms of labor law, arising on the basis of an employment contract, according to which one subject (employee) undertakes to perform a labor function subject to the rules of 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.

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 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.

Features of the labor relationship:

the subjects of the labor relationship are the employee and the employer;
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 obligee and as an authorized person, and also bears not one, but several responsibilities;
despite the complex composition of rights and obligations, the labor legal relationship is uniform;
the ongoing nature of the labor legal relationship (the rights and obligations of subjects are implemented not by one-time actions, but systematically, by performing those actions that are necessary in the established work time).

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 (distinguishing it from related, including civil, relations):

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).
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.
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.
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).
The right of each of the subjects to terminate the employment contract without any sanctions, but in compliance with the established procedure.

Labor legal personality is the ability of a given person (individual or legal entity) 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 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. legal personality.

Labor legal personality is characterized by two criteria:

age;
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 can be hired:

for execution easy work, which does not disrupt the learning process,
in his free time from school, but
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. Employment contract in in this case 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 a teenager’s body and the need for their moral education, the use of labor by persons under 18 years of age is prohibited:

at work in harmful and dangerous working conditions;
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 a volitional criterion, which is associated with 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).

The legal status of the subject of labor law is his legal status determined by labor legislation. It consists of the following elements.

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 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 is usually included in the .

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 offers the employer to use and which interests the employer in the process organized by him. It is for them that the employer is willing to pay. In market relations, the price of an employee, like any product, is determined.

Types of labor relations

They depend on the type of relevant relationship and the specific underlying basis for 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 specialty in production. 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, i.e., 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 labor task, but are associated with his performance of a certain labor function (work according to the position in accordance with 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 an employment relationship have the right to demand that the other subject fulfill his or her labor duties under the given 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, appropriate payment, compensation for harm (damage), the possibility of dismissal, etc.

Emergence, change and termination of labor relations

, determining the emergence, change and termination of labor relations, usually associated with the moment of conclusion, change and termination(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, 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.

The fact of the emergence of an employment relationship can be actual permission 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).