Labor legal relations are basic to other legal relations of the socio-labor sphere. Labor legal relationship is a legal relationship between an employee and an employer based on a prisoner between them labor contractwhich involves the duty of the employee to personally fulfill a certain employment function, comply with the rules of internal labor routine and the consistent duties of the employer to ensure appropriate working conditions, timely remuneration, etc.

Labor legal relationship is a legal form of the actual labor relations of an unconnected, non-independent labor, which is acquired by these relationships after settlement by their labor law standards.

Object labor legal relationship They are the benefits of which they arise, that is, above all, the results labor activity and payment of hired labor. Subjects of labor legal relations are an employee and an employer. Professional unions and other representative bodies of workers are subjects of non-labor, but related to labor relations (organizational and managerial, socio-partnerships, etc.).

The modern concept of labor legal relations is given, in fact, by definition of an employment contract. The TC RF is built on the concept of a single labor relationship and directly related relations.

Supporters of the concept of a single labor relationship believe that in connection with the conclusion of an employment contract, there are separate non-independent legal communications based on the interaction of the employee and the employer: to obtain wages, the use of disciplinary responsibility measures, obtaining an employment record at dismissal, etc. And these are not separate legal relations of various legal nature in the field of labor law, but an inseparable set of rights and obligations that form a single legal relationship with a complex structure.

Objection against the crushing of a single labor relationship, A.V. Grebenshchikov noted that the very idea of \u200b\u200bmultiplicity of labor relations leads to the conclusion about the need to recognize by independent actors of legal relations with an employee of individual participants in the labor process, which, in principle, is not possible. The presence of individual powers, the volume of which is determined by the employer and is fixed in job description and (or) an individual employment contract, does not mean the ability to act in independent legal relations as a subject opposing the employee. They themselves enter into labor legal relations with the employer as employees and only in this capacity are subjects of labor law. Also, A.V. Grebenshchikov stressed that those legal ties that are proposed to regard as independent legal relations are essentially inseparable elements of one complex labor relationship, and the reduced system only allows you to consider in detail each of them.

Under an employment ratio, according to Art. 15 of the Labor Code of the Russian Federation, it is understood as a relationship based on the agreement between the employee and the employer about the personal implementation by the employee for the labor function fee (work on the position in accordance with the staff schedule, profession, specialty, indicating the qualifications; the specific type of owned by the employee of the work), subordinate to the employee of the employee internal labor regulations when providing an employer working conditions provided for by labor legislation and other regulatory legal acts containing labor law standards, collective agreement, and local agreements regulatory acts, labor contract. "Performance of labor function is carried out, as a rule, in the team, has a compensated nature, that is, it should be paid in accordance with the number and quality of labor, and is part of Labor legal relationship. "

At the same time, it is impossible to agree with the decision of the legislator to consider the only basis for the emergence of labor relations the employment contract, since there is really a lot of legal facts in addition to it, which cause the emergence of mutual rights and responsibilities of the parties. For the occurrence of labor relations, for example, on the organization of labor (ensuring overalls, the instruction on the safe methods of work), the employment of an employment contract may not be, or related to the permitting dispute, which may arise already after termination of the employment contract.

The same can be said about the temporary translation of the employee to another organization, or the work of persons serving the punishment in the form of imprisonment, or a course of treatment in a psychiatric dispensary, - labor relations exist without an employment contract. That is, indicate the only basis of both the work of labor and related relations, the employment contract is incorrect, although it is the central basis of their occurrence. To solve the specified question at the legislative level, it is possible to determine in what cases the basis of their occurrence is an employment contract, and which may appear without it, except for the actual assumption of the employee to work.

For labor relations that make up the subject of labor law today, the following signs are characterized:

1. Labor right regulates, as a rule, relations on the direct use of collective labor. "It is in the process of labor that people come into relations with each other, requiring legal regulations." Labor attitude is suitable.

2. Labor right regulates labor relations under the conditions of subordination by the Contractor of the Internal Labor Regulations, operating in the organization, managers of the employer belonging to the labor process.

3. The employee performs the necessary work personally, in accordance with his qualifications.

4. The employee is included in the social system of the organization in which it works.

5. Labor relations are always compensated, and the wages are paid for the "living" spent work and its results.

6. Labor relations are based on a combination of equality and subordination.

It should be noted that modern labor law researchers also provide other classifications of signs of employment contract, which in principle does not change the classical approach. So, S.P. Basalaeva highlights: subject sign, a sign of an employment function, a sign of a collective, personal sign, risk distribution, social sign. It also indicates signs expressing the legal nature of the employment contract, relating to them: the master's government, the economic non-independence of the employee, limited to the freedom of employment.

Labor relations are not exhausted by the subject of labor law. It includes closely related employment relationships, on supervision and monitoring of observance of labor legislation, on the consideration of individual labor disputes, relationships on professional training, retraining and advanced training of workers directly of this employer and relations on the material responsibility of employers and workers in the field of labor. In legal literature, it is believed that these relationships make up part of labor relations. In addition, there is an expansion of the meaningful issues of labor law through the inclusion of regulating the rights of workers in connection with the regulation of official inventions, rationalizing proposals, service works, the protection of the personality of the employee, etc.

L.N. Rasputina proposes to allocate the following legal relations: organizational and preparatory, control and supervisory, rule-making, under the consideration of labor disputes, incentive, protective, as well as material and intangible (organizational, procedural and procedural).

The organizational and preparatory author refers to relations related to the selection, training and training of personnel training in the specialties and qualifications in which the need for this production is experiencing partially including employment relationships.

The control and supervisory belongs related to the possibility of implementing specific acts of application of labor legislation, to control and oversight its observance and labor protection. legal legal law legal

Cavague can be related to compensation for material damage, as well as related to the material responsibility. Incentive legal relations are designed to activate production and public activities Employees through the recognition of merit, awarding, providing them with honors for labor achievements.

New moments in the legal regulation of labor leads many lawyers to the conviction that currently the emergence of hybrid contracts in the field of labor relations, which will be regulated simultaneously by the norms of labor and other branches of law (civil, administrative, family). IN lately Abroad adopted a number of regulatory legal acts on labor, which include in the sphere of their actions as dependent and independent workers.

The configuration of relations under borrowed labor implies, firstly, the fact that it is raised by civil law relations based on the contract. paid provision Services (borrowed labor / employer), labor relations based on labor hiring contract (agency / worker), and administrative and legal, consistent between the state and agencies. Secondly, the same structure determines that in practice, each borrowed worker actually has two employers - a borrowed work agency with which it consists in real labor relations.

Depending on the procedure for the conclusion, employment contracts are allocated in a general order, or in a special order: election on the competition, elections, appointments or approval in office, in the account of the established quota, etc.

In section. The XII of the Labor Code of the Russian Federation (TC RF), unlike the previously active BBC, was identified by employment contracts, differing depending on their categories of workers, in particular, these are employment contracts with organizations and members of the Colleagide Executive Body of the Organization (Ch. 43); with part-time working (ch. 44); with employees who have entered into an employment contract for up to two months (ch. 45); with occupied on seasonal work (ch. 46); with workshop working method (ch. 47); with employees - individuals (ch. 48); with homers (ch. 49); with working in the regions of the Far North and equal to them areas (ch. 50); with transport workers (ch. 51); from pedagogical workers (ch. 52); with employees who sent to work in diplomatic missions and consular institutions Russian Federation, as well as in the representation of the federal executive bodies and public institutions Of the Russian Federation abroad (ch. 54); with medical workers (ch. 55); creative media workers, cinematography organizations, theaters, theater and concert organizations, circuses and other persons participating in the creation and (or) performance of works, professional athletes (Article 351), etc.

The specified section of the Code reflects the tendency of the differentiation of legal regulation, based on both the subjective criteria related to the personal features of the subjective legal relations of the subjects (gender, age, health condition) and the objective (specificity and nature of labor, the conditions and place of its implementation, character labor Communications Between the employee and the employer, etc.). At the same time, differentiation should be objectively substantiated and comply with the Constitution of the Russian Federation, generally accepted principles and norms of international law, the basic principles of legal regulation of labor relations (Art. Art. 2-4 of the Labor Code of the Russian Federation). This is stated in paragraph 4 of the Decisions of the Constitutional Court of the Russian Federation of December 27, 1999 N 19-P "In the case of the verification of the constitutionality of the provisions of paragraph 3 of Article 20 of the Federal Law" On Higher and Postgraduate Education "in connection with the complaints of citizens V.P. . Malkova and Yu.A. Antropov, as well as a request for the Vakhitovsky district court of the city of Kazan, "where differences in the legal status of persons belonging to the categories belonging to different conditions and the nature of the activities should be objectively justified, reasonable and comply with constitutionally significant goals and requirements.

Interesting in this regard and experience of foreign countries. So, in his research V.I. Vasilyeva indicates that "in the legislation of Austria and France, the essential features of legal regulation of labor workers in the household and their employment contract are enshrined ... and some specifics have the regulation of the labor of workers who have entered into an employment contract with an employer (individual or legal entity), in the enterprise of which There is a small number of employees. " In this regard, it is possible to agree with the position of a number of labor scientists about the need to consolidate the differences in the Labor agreement in the Labor Code of the Russian Federation to employ employers - individuals with domestic workers to meet their personal needs and employment contracts concluded by employers - individual entrepreneurs who use employee work to implement entrepreneurial activity. You can also agree with the opinion of scientists that the structure of the section. The XII TC RF does not have a reasonable classification that reflects the peculiarities of all types of employment contracts, and requires further refinement.

It should be noted that the conclusion of civil law agreements actually regulating the labor relations between the employee and the employer is not allowed (part 2 of Article 15 of the Labor Code of the Russian Federation).

The imperative appears complements and strengthens the previously active region of the part of the fourth century. 11 TK RF. It should be noted that the judicial practice on the recognition of the employment of relations arising from the civil law contract, in recent years, is very extensive. The specified norm of the Labor Code of the Russian Federation was repeatedly applied to the courts of disputes on the recognition of relations arising from the contracts of the provision of services, contracts, etc., labor relations. However, the use of part of the first Art. The 15 TK of the Russian Federation, which determines the signs of an employment relationship, allowed the courts to make decisions and refusal to recognize the laborious nature of relations if they arose from the proper concluded civil-legal contract.

But this does not mean a complete ban on the conclusion of civil law contracts, the subject of which is the performance of works or the provision of services between individuals and legal entities. We are talking about an attempt to eradicate the vicious practice of artificially eliminating part of the personnel due to the activities of labor law. Employers should be more criminally refer to the definition of the subject and other conditions of civil law contracts concluded with individuals, to formulate them in such a way that the content of the contract it was clear that the legal relationship arising based on it does not meet the signs of labor legal relationship, enshrined in part of the first . 15 TK RF.

The concept of the new Labor Code of the Russian Federation states that the Code does not meet modern realities and does not take into account the active development of new diverse forms of involvement of citizens into labor activities, and also limits the possibilities of temporary employment of workers to the strict regulation of cases of express employment contracts, thereby reducing the availability Labor market for youth, disabled, mothers with children and retirees, etc. There also noted that in the new Labor Code there should be permission to find the problem of the flexibility of legal regulation of labor relations, the possibilities of widespread use of not only standard employment contracts, but also of various contracts regulating non-standard (Nonpichnaya) Employment. You can agree with the developers of the concept (as if this position is criticized) in the new TK RF, there should be a reflection of remote labor agreements, agreements, in accordance with which the employer will be able to more flexibly replenish the needs of employees during periods of improving economic situation, increase Demand for products, as well as special attention should be paid to borrowed work.

It is necessary to new legal regulation of the historically established traditional institutions of the employment contract and labor relations in general, despite the fact that their specificity, inviolability, independence in relation to similar legal relations was originally proved. Modern economic and legal reality dictate the feasibility of legislative consolidation of atypical types of employment contract and, accordingly, adjustments to the views on labor relations.

Vazagina A.S.

The concept, signs, subjects and the content of labor relations in modern legislation

There are many different relationships in society - economic, political, legal, moral, spiritual, cultural, etc. In itself, the human society itself is a set of relationships. All types of emerging relations between individuals and their associations are public (social) relations.
The right, regulating those or other public relations, gives them a legal form, as a result they become legal.
Legal relationship - regulations regulated by public relations, whose participants are carriers of subjective rights and responsibilities.

The legal relations are governed by the norms of various branches of law, including labor law, under such legal relations are understood by labor and derivatives from them, directly related to them, relationships on workers' labor, i.e. it is a legal relationship of labor law entities.

Article 1 of the Labor Code of the Russian Federation defines the subject of regulation of labor law - this is, above all, labor relations and other, directly related to them, relationships.

Labor relations in society reflect the nature of the production relations of this society, since they are a volitional part of the production relations. Industrial relations are complex, consist of property relations for the means of production, relations on the distribution, exchange, management management and labor relations. Production relations arise and objectively exist independently of the will of a citizen, in contrast to labor relations.
The greatest merit in the study of the theory of labor relations belongs to N.G. Alexandrov.

In his monograph "Labor legal relations" N.G. Alexandrov defined the concept of "labor relationship" as follows: this is "expressing friendly cooperation of people free from exploitation, legal attitude, in which one side (working) is obliged to apply their labor force, incorporated into the personnel of the enterprise (institution, economy) and obeying the internal labor The latter's schedule, and the other party is obliged to pay remuneration for work and to ensure the conditions for performing work, safe for the health of workers and favorable for labor productivity. "
Labor legal relationship, according to another outstanding scientist in the field of labor law, L.Ya. Ginzburg can be determined as a legal expression of relations arising in labor cooperation, it connects the minimum two persons: an employee and an enterprise; Signs of "freedom" and "equality" constitute an integral characteristics of the employee. The legal relationship is mainly the property, authoritarian nature and suggests a well-known, specifically established regulatory consolidation (in law, customary, collective agreement, etc.).

Professor K.N. Gusov determines the labor relationship as a voluntary legal connection of the employee with an employer (organization), within which the employee undertakes to perform a certain employment function (according to the agreed specialty, qualifications, positions) with subordination to the internal labor schedule, and the employer is to pay for its labor contribution and create working conditions In accordance with the legislation, a collective labor contract.

Federal Law of June 30, 2006 No. 90 - FZ made significant changes in almost all articles of the Labor Code of the Russian Federation. Including amendments were made in Article 15 of the Labor Code of the Russian Federation, which determines the concept of labor relations.
According to Art. 15 Labor Code of the Russian Federation Labor relations - relations based on the agreement between the employee and the employer on the personal fulfillment by the employee for the labor function fee (work as a position in accordance with the staff schedule, profession, specialty, indicating the qualifications; the specific type of challenged work worker), the employee's submission The rules of the internal labor regulation when providing the employer of working conditions provided for by labor law and other regulatory legal acts containing labor law standards, a collective agreement, agreements, local regulatory acts, an employment contract.

In the Labor Code, we are talking about labor relations, although, rather, it would be necessary to talk about labor legal relations, since these relationships are settled by labor law.
In fact, this definition laid all the main signs of labor relationship, distinguishing it from other relations related to difficulty.

One of the signs of labor legal relationship is inclusion of a citizen in labor collectiveAs a result, he becomes an employee of a particular organization, obeying local regulatory acts of this organization. The behavior of labor legal relations is regulated by the internal labor chart of this organization, to which they are obliged to obey, and since the rules of the internal labor regulation are a local regulatory act that is accepted by the employer in the manner prescribed by Art. 372 Labor Code of the Russian Federation, they, therefore, express the will of the employer. Based on the above employee obeys the will of the employer With the reservation on the fact that the will is limited by certain guarantees provided for by the current Russian legislation.

The peculiarity of labor relations is that they are built on reimbursable basis. The employer is obliged to pay for the employee who fulfilled them (by systematic, at least two times a month, payments) in the amount not lower than the minimum wage established by the legislation.

The specificity of the labor relationship is that all rights and obligations of the parties to the labor relationship are worn personal character. They are inextricably linked with the person's personality who cannot replace themselves in fulfilling the labor function by someone else without the consent of the employer, as well as the employer cannot replace the employee, without reason for this, someone else.
Labor relations are faster, i.e. exist independently of the availability or lack of the work of the employee.

The concept of "labor relationship" is always one, invariably on its subjects, maintenance, grounds for occurrence and termination. Labor legal relations always have specific subjects and concrete content. Labor legal relationship establishes the legal relationship between the employee and the enterprise. This connection is always concrete. It arises between a specific employee and a certain enterprise; Upon joining the labor relationship, the employee's labor function is determined, the amount of remuneration for work, etc.

The subjects of labor relations are an employee and an employer. Art. The 20 Labor Code of the Russian Federation gives the definition of the parties to labor relations as follows: "An employee is an individual who has entered into labor relations with the employer. Employer - an individual or a legal entity (organization), which has entered into labor relations with the employee. In cases stipulated by federal laws, another entity may act as an employer entitled to enter into employment contracts " .

In order for a citizen or legal entity to have the opportunity to enter into labor relations, they must have labor legal personality. Labor legal personality includes labor legal capacity (the ability to have labor rights), labor legal capacity (the ability to carry out labor rights and obligations) and labor duties (the ability to respond to labor relations).

Labor legal personality is one of the elements of the legal status of labor relations subjects, which is established current legislation For an employee upon reaching 16 years of age. The legislator provides for exclusion from this general rule and admits under certain terms the conclusion of an employment contract with the persons who have reached 15 years to carry out easy work in the time-free time. According to paragraph 3 of Art. The 63 Labor Code of the Russian Federation is also allowed to conclude an employment contract with persons who have reached the age of 14, with the consent of one of the parents and the guardianship and guardianship authority to perform light labor that does not violate the learning process. Labor Code The Russian Federation contains a rule that makes it possible to enter into employment contracts with persons under the age of 14, subject to the consent of one of the parents and the guardianship authority. In this case, the legislator strictly defines a circle of employers who have the opportunity to conclude employment contracts with such a category of employees (these are cinematography organizations, theaters, theater and concert organizations, circus). Employees under the age of 14 may be attracted to work only to participate in the creation and (or) execution (exhibiting) of works without compromising health and moral development.

In addition to the age criterion, there is another criterion "physical condition", i.e., the physical ability of a person to enter into labor relations. However, the physical condition determines only the content of labor legal personality, since actually the recognition of a person with disabilities does not deprive it with the opportunity to work, but only limits its opportunities for employment on certain types of work.

The legal status of the employer depends on the type of employer (state il municipal enterprise, a private entrepreneur, a production cooperative, an individual who is not an individual entrepreneur) and is determined by the legislation and its charter or position.

Labor legal personnel of the employer - the organization arises from the moment of creation, i.e., the introduction of the state authority to the Unified state Register legal entities about this legal entity.

In order for the organization to have the opportunity to attract workers, the employer needs to approve a regular schedule. According to this staff schedule, employees will be accepted.

In addition, the organization must be formed a labor payment fund in order to be able to pay wages employees, remuneration for special merits, etc.
At budget institutions mandatory condition The occurrence of labor legal personality is the approval of the staff schedule and the opening of the wage in the bank.

In addition to the labor legal personality, other elements of the legal status of labor relations are the main labor rights and obligations, legal guarantees of the main labor rights and obligations of the employee, i.e., legal means, measures established by labor legislation for the optimal implementation of these rights and responsibilities and their protection, and Responsibility provided for by legislation for violation labor duties.

On the subject of the right of law can be divided into individual and collective. Individual rights include: the right to conclude, change and terminate the employment contract; the right to the provision of work due to the employment contract; right to workplace corresponding to the state regulatory requirements labor protection and conditions provided for by the employment contract; the right to timely and in full payment of salary; right to rest; the right to full reliable information on labor conditions and labor protection requirements; Professional training, retraining and advanced training; The right to compensation for harm caused to him due to the execution of employment duties and compensation for moral damage; The right to compulsory social insurance. Collective rights include: the right to association, including the right to create trade unions and entry into them; right to participate in the management of the organization; The right to collective bargaining and the conclusion of collective agreements and agreements through its representatives, as well as information on the implementation of a collective agreement, agreements.

In his monograph "Legal status of an employee as a subject of labor law" V.V. Fedin expresses the opinion with which it is impossible to disagree that the right to protect his labor rights, freedoms and legitimate interests All non-prohibited ways and the right to resolve individual and collective labor disputes, including the right to strike, are of particular nature, as they can be both individual and collective .

In addition, it is possible to divide the rights to the rights implemented within the framework of labor relations, and the rights implemented in the legal relationship directly related to the labor relationship. You can also allocate security rights (the right to protect your rights, freedoms and legitimate interests; the right to resolve individual and collective labor disputes; the right to compensation for harm and compensation for moral damage) and regulatory (all other rights).

Among the responsibilities of the employee, the Labor Code allocates the following: in good faith to fulfill their employment duties assigned to his employment contract; comply with the rules of the internal labor regulation; observe labor discipline; perform established labor standards; comply with the labor protection requirements and labor safety; take care of the employer's property (including the property of third parties who have an employer if the employer is responsible for the safety of this property) and other employees; Immediately inform the employer to an employer or direct manager about the emergence of a situation that represents the threat of life and health of people, the safety of the employer's property (including the property of third parties in the employer, if the employer is responsible for the safety of this property).

These statutory rights and responsibilities have all persons with whom the employment contract is concluded. They establish the boundaries of possible (right) and due (duties) behavior in labor relations with the employer.

The rights and obligations of employees and the rights and obligations of the employer are inextricably interrelated among themselves, as the rights of the employee will correspond to the obligations of the employer. Consequently, the responsibilities of the employee will correspond to the rights of the employer. The main rights and obligations of the employer are contained in Article 22 of the Labor Code.

Among the employer's rights, the Labor Code of the Russian Federation allocates the following: to conclude, change and terminate employment contracts with employees; lead collective negotiations and conclude collective agreements; encourage workers for conscientious effective labor; require workers to fulfill their employment duties and careful attitudes to the property of the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees, compliance with the rules of the internal labor regulation; attract workers to disciplinary and material responsibility; take local regulations (with the exception of employers - individuals who are not individual entrepreneurs); Create associations of employers for the purpose of representation and protect their interests and join them.

In the obligation of the employer, the legislator included: to comply with labor legislation and other regulatory legal acts, containing labor law standards, local regulations, collective agreement conditions, agreements and employment contracts; provide employees work due to labor contracts; ensure safety and working conditions that meet the state regulatory requirements of labor protection; provide employees with equipment, tools, technical documentation and other means necessary for the performance of labor duties; provide employees equal to pay for labor equal value; to pay in the full amount due to employees wages within the deadlines established in accordance with the Labor Code, a collective agreement, the rules of the internal labor regulations, employment contracts; lead collective negotiations, as well as enter into a collective agreement; provide representatives of employees full and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation; To acquaint workers to paint with the received local regulatory acts directly related to their employment; in a timely manner to fulfill the prescriptions of the federal executive body authorized to conduct state supervision and monitoring compliance with labor legislation and other regulatory legal acts containing the rules of labor law, other federal executive bodies operating on control and supervision in the established field of activity, pay fines, superimposed for violation of labor legislation and other regulatory legal acts containing labor law norms; consider the submissions of the relevant trade union bodies, other representatives elected by employees of representatives on the identified violations of labor legislation and other acts containing the norms of labor law, to take measures to eliminate the violations identified and report the measures taken by these authorities and representatives; create conditions that ensure the participation of employees in the management of the organization in the labor code provided for by the Labor Code, other federal laws and a collective contract for forms; Ensure the domestic needs of employees related to the performance of labor duties; carry out compulsory social insurance of employees; compensate the harm caused to employees in connection with the performance of labor duties, as well as compensate for moral damage; Perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law standards, a collective agreement, agreements, local regulatory acts and employment contracts.

The actual activity of the employee and the employer is the material content of labor relations, which is inextricably linked and subordinated to the volitional content, i.e., subjective rights and responsibilities of the participants in these legal relations.
Volga (legal) Content of labor relations form subjective labor rights and obligations of their participants - workers and employers.

Subjective labor rights of workers are aimed at providing: actual employment by work on a specific specialty, normal conditions work and wages in accordance with its quality and quantity; Labor honor and dignity of the employee.

Subjective rights are characterized by concreteness, attractiveness and relative freedom of behavior in their implementation.

The attraction as one of the signs of the subjective rights of the employee is ensured by the activities of other subjects (for example, the right to ensure safe and healthy working conditions, the right to demand a careful attitude towards the property of the employer).
Another element of the content of labor relations are the responsibilities of the employee, enshrined in Art. 21 of the Labor Code of the Russian Federation.
Smirnov O.V. The employee's employment responsibilities as a set of proper actions of workers related to the participation of their personal labor in the implementation of the tasks of the organization with which they are in labor relations are.

According to the Labor Code of the Russian Federation (Art. 91), the employee fulfills its work responsibilities during working hours.
Labor right regulates the important side of public relations related to labor. It, in contrast to all other branches of law, one way or another affecting the relations of people and society in labor, is aimed at the guaranteed provision of the maximum amount of guarantees for the person providing its abilities to work; Labor law is aimed at protecting citizens when they perform work in the conditions of individual labor relations.

This situation in modern society, taking into account the global economic crisis, affected by the Russian Federation, influenced the work of most companies. Employers suffered losses are trying to minimize their financial costs, including this concerns the workforce. Massive measures are carried out to reduce staff and rebuild personnel. Many companies do not have the opportunity to pay the employees of that wage that have even recently paid. Employers who have the need to attract personnel, try to avoid the need to provide social guarantees To its employees using borrowed labor or attracting citizens to work on the basis of a civil contract. Highly qualified workers agree to go to work with a lower condition wagesWhat they could count earlier.

V.V. Fedin. Legal status of an employee as a subject of labor law: a monograph. - M.: TK Velby, Publishing House "Prospekt", 2005.

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COURSE WORK

on the topic: "Labor legal relationship"

Introduction

Chapter 1. Concept and types of labor relations

1.1 Concept and signs

1.2 Types of labor relations

Chapter 2. Labor Labor Structure

2.1 Labor Relationship Subjects

2.2 Labor Relationship Object

2.3 Subjective Rights and Legal Responsibilities

Chapter 3. Worker and Employer, main subjects of labor relations

3.1 Worker as a subject of labor relationship

3.2 Employer as a subject of labor relationship

Chapter 4. Basement of the emergence, changes and termination of labor relations

4.1 The founding of the emergence of labor relationship

4.2 Founding of Labor Relationship Changes

4.3 grounds for termination of labor relationship

Conclusion

List of sources used

Introduction

Labor right as one of the leading branches of Russian law, has the subject of regulation, public relations in the most important field of life of society - in the field of labor. Since labor relations occupy an important place in the life of every modern person, this topic will always be relevant.

"In order forther or another social relation to take the form of a legal relationship, it is necessary, first of all, two conditions: first, it is necessary that this public relationship is expressed or could be expressed in acts of volitional behavior of people, secondly, it is necessary to It was regulated erected into the law of the dominant class, i.e. Right standards »

Yes indeed, general Theory Rights binds the legal relationship with the action of the rule of law and determines it as a regulatory rate regulated by the norm. Based on this, legal relations in the field of labor law are labor relations and derivatives from them, closely associated with them, are regulated by labor law. All public relations that are the subject of labor law, always speak in real life in the form of legal relations of this sphere, i.e. They already implemented the norms of labor legislation.

When writing this work, it was aimed at considering the labor relationship in all its aspects. First, the very concept of legal relationship, its features and species, secondly, the structure of labor relations, which includes the rights and obligations of participants in this relationship, thirdly, the consideration of the subjects of labor relations, separately the employee, separately the employer, and finally The foundation of the occurrence, changes and termination of labor relations.

All types of legal relations of labor law are volitional, i.e. There are a will of the subjects of labor law. Each legal relationship is made up of elements: object, subject, content, grounds for occurrence and termination. Studying these concepts, we will understand the structure of labor relationship. And, we will analyze the main subjects of the labor relationship in detail: an employee and employer. Superficially affect other subjects of labor relations.

Subjects of legal relations in the field of labor except employees and employers can be various participants: employment employment bodies in employment legal relations; Public authorities and local authorities as social partners in social and partner legal relations, etc.

Any of the legal relations of the scope of labor law occurs, changes and stops. In the fourth section, we will consider legal facts, concrete grounds that underlie the emergence, changes and termination of labor relations.

My term work is devoted to this problem, in which I will try to fully reveal such a relevant topic as labor legal relations.

All of the above proves once again that my theme term paper Very interesting for careful consideration. And I, as a future lawyer, and just a member of our society, will be interested in working with it.

labor legal relationship

Chapter 1. Concept and types of labor relations

1.1 Concept and signs

Labor legal relationship is a regulatory legal relationship with a public relations based on the employee's agreement and the employer about the personal fulfillment by the employee for the labor function fee (work on a particular specialty, qualifications or position), subordinate to the employee of the internal regulations when providing an employer of labor conditions provided for by labor legislation , collective agreement, agreements, employment contract.

This attitude is always bilateral. Of course, for the full characteristic of any legal relationship is necessary:

a) establish the basis of its occurrence, changes and termination

b) define his subjective composition

c) reveal its content and structure

d) show what is his object

All these topics will be reflected in my course work. In this chapter, we will consider only signs and types of labor relations.

Certain types of legal relations are governed by civil law. The branch of civil law is the labor law, which in turn regulates labor relations, they are the subject of labor law. Characteristic signs of labor relationship, allowing to degrade it from related legal relations, are:

1. Personal nature of the rights and obligations of the employee who is obliged only to participate in the production or other employer's activities. There are no such restrictions in civil relations, where the contractor has the right to attract other persons to fulfill the work and other persons.

2. The employee is obliged to perform a certain, predetermined labor function (work on a certain specialty, qualifications or position), and not a separate individually-specific task for a certain period. The latter is characteristic of civil-related labor obligations, the purpose of which is to obtain a specific result (product) of labor, the fulfillment of a specific order or service for a certain period.

3. The specificity of labor relations consists also in the fact that:

- execution of labor function is carried out in conditions of general (cooperative) labor;

- a citizen, as a general rule, is included in the personnel of working in the organization;

- This causes the need to submit an employee to the rules of the internal labor regulation established by the employer.

That is, a single and complex labor relationship combines both coordination and subordination elements: Labor freedom is combined with the subordination of the inner regulation. This is not possible in civil relations, based on the fundamental principles of civil law enshrined in Art. 2 Civil Code.

4. The compensated nature of the labor relationship is manifested in the response actions of the employer to perform work - in paying wages, as a rule, in cash. The peculiarity of the labor relationship is that payment is made for lively labor, carried out by the employee systematically at the established working time, and not for the specific result of the issued (past) labor, the fulfillment of a specific assignment or service as a civil relation.

5. The complex nature of the labor relationship, implies the presence of consistent and responsibilities for each of the parties. The right of each of the subjects (employee and the employer) to terminate this legal relationship without any sanctions in compliance with the procedure provided for by the labor legislation head of the TC of the Russian Federation.

1.2 Types of labor relationship

Realizing its rights and taking obligations when performing certain work, the parties are legally connected, and their actions are limited by the framework of the relevant legal norms. Participants in public relations, acting by the subject of labor law, should obey the requirements of the current labor legislation, as well as to comply with the terms of labor and collective contracts, socio-partnership agreements.

We already know that labor legal relations are volitional, they arise at the will of the subjects of labor law, including on the basis of the actual assumptions of work with the knowledge or on behalf of the employer, or its representative in the case when the employment contract was not properly decorated.

Objects of labor legal relations are material interest in the results of work, the satisfaction of the economic, social needs of the employee and the employer, the protection of the relevant labor rights of the subjects.

Such a concept of labor relations seems to be broader, it includes the actual labor relationship of the employee and the employer and directly related other social relations. Each of these legal relations is distinguished by entities, content, bases of occurrence and termination.

Types of labor relations are determined by the subject of labor law, and among them can be called:

Legal relationship to promoting employment and employment;

Labor legal relations between the employee and the employer;

Legal relations on the organization of labor and labor management;

Legal relations on vocational training, retraining and advanced training of employees;

Legal relations of trade unions with employers to protect the labor rights of workers;

Socio-partnership legal relations;

Legal relations for supervision and control;

Legal relationship on the material responsibility of the parties to the employment contract;

Legal relations to resolve labor disputes;

Relationship on social insurance.

All types of legal relations can be divided into:

Main (labor relations);

Related and organizational and managerial (by employment, organization and management of labor, the relations of trade unions on the protection of labor rights of workers, socio-partnerships, legal relations on the preparation, professional retraining and advanced training of personnel);

Security legal relations (for supervision and control, material responsibility of the parties to the employment contract, permitting employment disputes, compulsory social insurance).

As we have said, each of these legal relations is distinguished by entities, content, grounds for occurrence and termination. For example, when considering legal relations to promote employment and employment, we will see that they arise in the device of citizens to work and the selection of personnel by employers, including through the employment service.

These legal relations are usually preceded by labor legal relations, but may follow the previous labor relations when the employees release, as well as to accompany the labor, when, without stopping their legal relations with one employer, the employee seems to itself a new job.

Depending on the entities of legal relations to ensure employment and employment arise between:

The employment service and a citizen (with the appeal of the latter in the employment service with a statement about helping the device for the work and registration of the requested person as unemployed);

An employment service and employer (from the receipt by employer of legal capacity to its liquidation);

An employed citizen and employer (when granting the employer's direction to the employment authority).

Other we will see when considering organizational and managerial legal relations, which contribute to resolving issues related to the organization and pay, the satisfaction of socio-economic interests, both labor collectives, industries, regions and a separate employee.

These legal relations occur between:

Team of workers and employer;

Trade union organ at production and employer;

Representatives of social partners at the federal, regional, territorial, sectoral and other levels.

Organizational and managerial legal relations arise for an employee from the moment of its entry into the labor team. These legal relations are the following nature; They arise both between the staff of the workers and between the employer and the opporing.

The object of these legal relations are socio-economic interests (labor, labor protection, etc.) as a separate employee and the team or the industry.

Subjects are representatives of employees in the socio-partnership legal relationship, representatives of employers, and in some cases, the executive authorities. Socio-partnership legal relations arise in connection with the beginning of collective bargaining. They last to complete the validity of the relevant agreements.

Chapter 2. Labor Labor Structure

The question of the structure of labor legal relationship is of particular interest due to the fact that its interpretation dispels with a generally accepted law in theory.

In the theory of law the prevailing is a civilistic approach to this problem. Usually, the following basic elements are distinguished in legal relations: 1) the subjects of law, i.e. Parties (participants) of legal relations; 2) the content of the legal relationship (material - the actual behavior of the subjects and legal - subjective rights and obligations); 3) Objects of legal relations.

The labor lawyers do not include subjects of labor relations to its structure. N.G. Alexandrov back in 1948 noted that it is impractical to the subjects of labor relations to call him "elements". Labor legal relationship arises between the subjects, and not subjects with it as one of the elements. In this regard, the allocation in the general part of the labor law of the relevant institution and chapter in educational literature can be considered quite reasonable. This phenomena should not be explained by exclusively by the conjunctural, economic or methodological reasons associated with the formation of a new attitude to personality, democracy, with the formation of market conditions.

But, despite these discrepancies, in this chapter, their course work, we will look at all three elements of labor relationship.

From the theory of labor law it follows that the content of the legal relationship, and in particular the labor relationship, is the unity of its properties and connections. Participants in labor relations are associated with subjective rights and obligations, a certain combination of which discloses its legal content. It is also accepted to identify the material content of the labor relationship - this is the behavior, the activities of the subjects, the actions they commit. That is, public labor relationship acquires legal form (It becomes a labor relationship), after its participants turned into subjects of the legal relationship, endowed with subjective rights and obligations.

Thus, the interaction of the participants of the social labor relations appears in legal relationship as the interaction of its subjects, their interconnected by subjective rights and obligations, when the right of one (employee) corresponds to the duty of another (employer). Labor legal relationship consists of a whole complex of labor rights and obligations, that is, it is complex, but a single legal relationship and is of the latter. Its subjects are constantly (systematically) implement their rights and fulfill the duties, as long as there is a labor relationship and the employment contract is operating on the basis of which it originated.

Labor legal relations are developing as a result of the impact of labor law norms, and therefore their participants are predetermined (indicated) subjective rights and obligations. At the same time, under the subjective right, the possibility of an authorized person (one employment continuity) is protected by law (one subject of labor relations) to demand from another - the obligated subject is to commit certain actions (certain behavior). The subjective legal obligation of the participant in the labor relationship is a legal measure of due behavior of the obligated person.

In other words, the subjective responsibility is due to the behavior corresponding to the subjective right. Since the labor relationship always arises between specific persons on the basis of the agreement reached between them, this legal relationship is defined as a form of specific rights and responsibilities of its participants. In this sense, the labor relationship delineates the framework in which the behavior of its participants can be implemented.

2.1 Labor Relationship Subjects

One of the subjects of the labor relationship is always an individual - a citizen. For entry into labor relations, citizens must have labor legal personality. Unlike civil law, labor law does not know independent concepts "legal capacity" and "legal capacity." This is explained by the fact that each possessing the ability to work should exercise it with their personal volvas: actions. It is impossible to fulfill labor duties with other persons. Labor legal personality is a legal category expressing citizens' ability to be subjects of labor relations, acquire rights and assumes the obligations related to entry into these legal relations. Such legal personality general rule, occurs from 15 years. But there are many such young people who study in educational institutions, educational institutions of primary and secondary vocational education, want to work in their free time. This gives them the opportunity not only to have a certain earnings, but also better prepare for independent labor life.

Taking into account these factors, adolescents are allowed to work from 14 years. It is necessary that work from such age does not affect the state of adolescents, did not violate the learning process. The prerequisite for the employment of a teenager to achieve the fourteen years of age is the consent of parents, adoptive parents or trustee. It is important to note that the entry into the labor legal relationship of persons from 15 years is accompanied by the establishment of privileges for them in the field of working time. They work less adult workers. The specific duration of working time is differentiated depending on the age: for workers aged from 16 to 18 years - no more than 36 hours a week, for workers aged from 15 to 16 years, as well as students aged from 14 to 15 years working During the holiday period, no more than 24 hours a week. If students work in their free time (not during the holidays), then the duration of their working time cannot exceed half of the time of working time, which is established for persons of the relevant age, i.e. For students from 14 to 16 years old - no more than 12 hours a week, and from 16 to 18 years old - no more than 18 hours a week.

We illustrate this position as an example. A legal college student at the age of 17 works in the court office after classes. The duration of its working time is 18 hours a week. In cases where this student works in court and vacation time, he is installed work week Duration of 36 hours.

A citizen as a part of labor relationship has various legal relations on the other side of this legal relationship - a legal entity. In some cases, labor legal relations arise between two individuals. These include cases when a citizen as an individual entrepreneur hosts another citizen or when a labor relationship occurs about the management of home consumer economy (labor relationship with a home worker, with a driver of cars, etc.).

Legal entities recognize organizations that are owned by economic management or operational management of separate property and are responsible for their obligations to these property, they may acquire and carry out property and personal non-property rights, to carry duties, to be the plaintiff and the defendant in court.

Legislation provides for various organizational and legal forms of a legal entity. As a subject of labor relations, commercial and non-commercial organizations. Commercial organizations include economic partnerships (full partnership, partnership on faith, production cooperative, state and municipal unitary enterprise) and society (society with limited or additional responsibility, joint-stock company).

Non-commercial organizations - consumer cooperatives, public or religious organizations (associations), charitable and other funds, as well as legal entities in other forms provided for by law. All these organizations have labor legal personality to establish labor legal relations with both employees and citizens participants in organizations. The borders of labor legal personality are movable, since all organizations are independent in determining the number of employees and their wages. The exception is budgetary institutions, however, on the basis of the wage fund approved by it, they can independently determine their number.

2.2 Labor Relationship Object

The object of labor relationship is to fulfill a certain kind of work characterized by a certain specialty, qualifications by the post.

The characteristic of the labor relationship object is currently not unambiguous, since in labor legal relations the object is essentially separated from their material content (obligations obliged, etc.). A useful effect delivered by the employee (reading lectures, etc.) can be consumed, as a rule, during the production process. And since in labor law, the material benefits (objects) are practically inseparable from the employment of the employee, the characteristics of the material content of labor relations exhaust the question of their object.

Under the material content of labor relations is understood as the actual behavior of its participants (subjects), which is ensured by subjective labor rights and responsibilities. The actual is always secondary and subordinated to the legal entity (volitional) content of the labor relationship, which is formed by the subjective rights and responsibilities of their participants. The content of these rights and obligations is expressed in a legal possibility within the limits of the laws established by the law to act, demand, attach, use the benefits, etc. And in charge of satisfying the counter interests and the needs of other subjects.

Based on the unity of material and legal (volitional) components, we can say that the subjective rights and obligations of employees are part of the labor relationship, these are implemented and specified statutory rights and obligations that make up the content of the legal status of employees. On these Rights and Responsibilities of Labor Subjects and will be told in the next section of the work.

2.3 Subjective Rights and Legal Responsibilities

So, the law on labor of the Russian Federation provides for the main (statutory) rights of participants in labor relations. In relation to the personality of the employee, these rights and obligations in accordance with the Constitution of the Russian Federation (Article 30, 37) are fixed in general in art. 2 kzot of the Russian Federation. Subjective rights and obligations that make up the content of the individual legal relationship are concretizing these statutory rights and responsibilities.

At the same time, the rights and obligations of the employer, in contrast to the employee, did not receive such a clear and special consolidation in a specific article of the Labor Code or other Federal Law. Individual rights and obligations of the employer are established in many articles of KZOT, federal laws, local acts, can be consolidated in the charters (provisions) of the organization (legal entity), etc.

Given that the subjective right of one participant in the labor relationship corresponds to the legal duty of the other, we indicate only the responsibilities of the subjects of labor relations.

The obligations of the employee include the following:

a) Performing a certain employment function, which is due to the employer at the conclusion of an employment contract (Art. 15 of KZOT). The definiteness of the labor function is provided by Art. 24 KZOT, according to which the administration of the Organization is not entitled to demand from an employee of the fulfillment of work, not caused by the employment contract;

b) compliance with labor discipline, submission to the internal regulation, established by the operating time mode, the use of equipment, devices of raw materials, other property of the employer in accordance with the provisions and rules, the preservation of this property, compliance with the instructions and rules for labor protection, etc.

The main responsibilities of the employer (organization) can be grouped as follows:

a) compliance with the work on the conditioned labor function and, accordingly, ensuring the actual employment of the work of this employee as an artist's work function, as well as the creation of conditions that ensure its productive implementation;

b) ensuring healthy and safe working conditions provided for by the legislation on labor, collective agreement and agreement of the Parties;

d) satisfaction of the socio-household needs of the employee.

Subjective rights and obligations that make up the content of the labor relationship arising from a legal act - an employment contract, comply with the terms of this treaty. The employment contract, as will be shown below, plays a fundamental role in the legal regulation of labor relations. As well as any other, it has its own content - these are the conditions for which the parties reached the agreement. This agreed work of the employment contract complies with the content of labor relations, its subjective rights and obligations. Thus, the labor relationship not only arises on the basis of an employment contract (legal act): this contract is determined by its content.

However, the labor relationship and the employment contract is unequivocal. The terms of the contract are formed in the process of its conclusion by the parties on the basis of freedom and voluntary labor, but should not worsen the position of employees compared with the legislation (part 1 of Article 15 of KZOT). The agreed conditions, as it were, determine the framework of the content of the emerging employment legal relationship. However, the employment contract cannot determine all its contents, all elements. A citizen, on the one hand, and the organization (legal entity) or an individual entrepreneur - on the other, when concluding an employment contract and the emergence of labor relations, act as individuals. It is like individuals who act on the basis of freedom of choosing each other, freedom of imprisonment of the employment contract and freedom of determining its conditions (content). However, individuals cannot fully realize legal form Labor agreement public legal element of labor relations. This public legal element is to establish a regulatory minimum standard of labor rights and employee guarantees, whose deterioration in the employment contract leads to the invalidity of its individual conditions or the contract as a whole.

Consequently, labor relationship, the content of which is determined by the terms of the employment contract, carries in itself an independent entity, independent content. The independence of the labor relationship is manifested in legislative establishment at the minimum level of labor rights and guarantees that imperately predetermine a number of conditions for the employment contract.

By entering into an employment contract, the parties are not entitled to reduce the specified level of rights and guarantees (possible changes concern only its increase), as they cannot exclude them or change others. This is one of the peculiarities of labor law, which indicates its social orientation and allows you to characterize the branch of labor law in the Russian law system as a social law.

It should be paid to the fact that itself is based on the disciplinary and directive power of the employer. The subordination of the employee is imperatively "mounted" into the content of labor relationship, not allowing these individuals to exclude it or replace with another condition when concluding an employment contract.

Chapter 3. Worker and Employer, main subjects of labor relations

3.1 Worker as a subject of labor relationship

Hardwood status of a citizen as a subject of labor law is common to all citizens. It relumously reflects the differentiation of legal regulation with labor law. In addition to the overall labor status, the subject of labor law may have a special labor status (a woman, minor), fixed by special standards.

A citizen actually becomes a subject of labor law since the rise of the work, the status of the employee is acquired by them since the adoption of work in a specific organization. For this, a citizen must have legal personality.

As a general rule, its occurrence is associated with the achievement of a certain law of biological age - 16 years. According to Art. 63 of the Labor Code of the Russian Federation for the preparation of young people to production work is allowed to receive persons students studying in educational institutions, educational institutions of primary and secondary vocational education, which have reached the age of 14, when performing the following conditions:

1) they can be accepted only to perform light labor that does not harm health;

2) to perform work in free time, without a violation of the learning process;

3) the consent of parents, adoptive parents or trustees and guardianship authorities.

In cases of obtaining general education, or the continuation of the development of the main general educational program of general education according to another, the form of training, or leaving in accordance with federal law Educational institution, an employment contract may affect the age of fifteen years to perform light labor that does not harm their health.

In cinematography organizations, theaters, theater and concert organizations, the circuses are allowed with the consent of one of the parents (guardian) and permits of the guardianship and guardianship authority. Conclusion of an employment contract with persons under the age of fourteen years to participate in the creation and (or) execution (exhibiting. ) Works without prejudice to health and moral development. The employment contract on behalf of the employee in this case is signed by his parent (guardian). In the resolution of the guardianship and guardianship authority, the maximum allowable duration of daily work and other conditions in which work can be performed are indicated.

Individuals have the right to enter into employment contracts that have reached the age of 18, subject to their civilian capacity in full, as well as persons who have not reached the specified age - from the date of the acquisition of civilianship in full.

Individuals with independent income who have reached the age of 18 years, but limited by the court in legal advisions, are entitled to the written consent of the trustees to enter into employment contracts with employees for personal care and help on housekeeping.

On behalf of the individuals with independent income under the age of 18, but recognized by the court are incapable, labor contracts with employees can be concluded with employees for personal care of these individuals and help them to keep household.

Minors aged 14 to 18 years old, with the exception of minors who have acquired civilianship in full, can enter into employment contracts with employees in the presence of own earnings, scholarships, other income and the written consent of their legal representatives (parents, guardians, trustees).

Legal representatives (parents, guardians, trustees) of individuals acting as employers are subject to additional responsibility for obligations arising from labor relations, including wage payments obligations.

For certain categories of persons, special requirements are installed. So, a foreign citizen to work on the territory of the Russian Federation should get permission to work. At the same time, the employer receives permission to attract and use foreign workers.

Only a citizen of the Russian Federation, which has reached 18 years of age, who possesses the public language and meets the other requirements established by the current legislation, has the right to enter public service.

The ultimate age for entry into labor relations the Labor Code does not establish; The exception is a specific circle of work and posts. So, according to the Law on State Civil Service, the ultimate age for being in public position public service - 65 years. However, at the achievement of this age, it is possible to enter into labor relations to perform work, where the urgent age is not set.

Additionally, when applying for work, special labor legal personality is evaluated, which is expressed as a degree of training, in the presence of a certain specialty or qualification.

A special requirement in some cases may be a health status. As a rule, this is due to the performance of work using high-risk sources (drivers, pilots, etc.) or in production that creates increased environmental hazard (railway, nuclear power plant, etc.).

After the conclusion of the employment contract, the citizen becomes an employee, he has a legal status of an employee, which is expressed in the presence of certain labor relations and responsibilities.

The main (statutory) rights of the employee are listed in Art. 37 Constitution of the Russian Federation and Art. 21 TK RF:

Conclusion, change and termination of the employment contract;

Providing an employee of work due to the employment contract;

Providing a workplace that meet the state regulatory requirements for labor protection and conditions provided for by the collective agreement;

Timely and in full payment of wages in accordance with their qualifications, complexity of labor, the number and quality of work performed;

The provision of recreation provided by the establishment of a normal duration of working time, abbreviated working hours for individual professions and categories of workers, the provision of weekly weekend days, non-working holidays paid for annual holidays;

Full reliable information on labor conditions and labor protection requirements in the workplace;

Vocational training, retraining and improvement of their qualifications;

The right to union, including the right to create trade unions and entry into them to protect their labor rights, freedoms and legitimate interests;

Participation in the management of the organization;

Collective bargaining and the conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of a collective agreement, agreements;

Protection of their labor rights, freedoms and legitimate interests by all non-prohibited by law methods;

Resolution of individual and collective labor disputes, including the right to strike;

Compensation for harm caused to him in connection with the execution of labor duties and compensation for moral damage;

Mandatory social insurance in cases provided for by federal laws.

Employee Rights, their implementation requires a response to him - fulfilling the duties that he accepted by entering into an employer an employer contract. In the most general form, these duties are formulated in Art. 21 TC RF. These duties are fundamental to the application of legal norms contained in the chapters of Part II of the Codex: in ch. 22 "Labor rationing", ch. 30 "Labor discipline", ch. 34 "Occupational safety requirements" and others. The duties provided for in the Code are specified in the laws, other regulatory legal acts, in particular, in the provisions on the personnel, the rules of the internal labor regulation.

The main responsibilities of the employee include:

Conscientious performance of official duties;

Compliance with labor discipline, the rules of the internal labor regulation and technological rules and norms;

Fulfillment of established labor standards;

Careful attitude to the property of the employer and other employees;

Compliance with labor protection and safety requirements (safety, industrial sanitation);

Immediate message to the employer either to the direct supervisor about the emergence of the situation representing the threat of life and the health of people, the safety of the property of the employer.

The rights and obligations of the employee, as a rule, are negotiated in the employment contract, as well as in the official instructions, safety instructions, the rules of the internal labor regulation, other local acts. However, in all cases, they are limited to the limits of the work performed and cannot go beyond the framework established by the current labor legislation.

The statutory rights and obligations of the employee have legal guarantees, which are legal means enshrined in labor legislation to implement these rights and responsibilities, as well as their protection.

3.2 Employer as a subject of labor relationship

The employer is a physical or legal person who acts as a subject of labor law upon entry into labor relations with an employee to use his labor in its legitimate interests.

The legal status of the employer includes:

1) employment legal personality;

2) the main labor rights and obligations towards each employee and the entire labor team.

The legal personnel of the employer comes from the moment of registration in accordance with the procedure established by law, when it acquires the ability to enter into employment contracts. In this case, the necessary conditions will be: the presence of the wage fund, determining the number and staff of employees and some others.

The basic labor rights of the employer include rights:

Conclude, change and terminate the employment contract;

Require from the employee good fulfillment duties, compliance with the rules of the internal labor regulation, respect for property;

Encourage employees and attract them to disciplinary and material responsibility;

Take local regulations.

The main labor duties of the employer are responsibilities:

Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, collective agreement conditions, agreements and employment contracts;

Provide employees work due to labor contracts;

Ensure safety and working conditions that meet the state regulatory requirements of labor protection;

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

Provide employees equal to pay for labor equal value;

To pay in the full amount due to employees wages in terms established in accordance with the Labor Code of the Russian Federation, a collective agreement, the rules of the internal labor regulation, employment contracts;

Lead collective negotiations, as well as to conclude a collective agreement in the manner prescribed by the TC RF;

Provide representatives of employees full and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;

To acquaint workers to paint with the received local regulatory acts directly related to their employment;

In a timely manner to fulfill the prescriptions of the federal executive body authorized to conduct state supervision and monitoring compliance with labor legislation and other regulatory legal acts containing the rules of labor law, other federal executive bodies operating on control and supervision in the established field of activity, pay fines, superimposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

Consider the submissions of the relevant trade union bodies, other representatives elected by employees of representatives on the identified violations of labor legislation and other acts containing the norms of labor law, to take measures to eliminate the violations identified and report the measures taken by these authorities and representatives;

Create conditions that ensure the participation of employees in the management of the organization in the Labor Code of the Russian Federation, other federal laws and collective contract for forms;

Ensure the domestic needs of employees related to the performance of labor duties;

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

Compensate for the harm caused to employees in connection with the performance of labor duties, as well as compensate for moral harm in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

Perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law standards, a collective agreement, agreements, local regulatory acts and employment contracts.

In all cases, the employer must strictly comply with the requirements of the current labor legislation, within which additional responsibilities may be assigned to the employer. For example, in a collective agreement may be provided for the obligation of the employer to provide additional days to the next holiday, to establish allowance for salary for work experience in a particular organization, etc.

Depending on the content and nature belonging to the employer of rights and obligations, its legal status is determined by the presence of rulemaking (the adoption of local regulations), administrative-dispositive power (the publication of mandatory orders for the fulfillment of labor duties), disciplinary power (the use of promotions, measures Disciplinary and material responsibility).

On behalf of the employer, the head of the relevant organization and its administration comes from the employer. According to the obligations of employers funded by fully or partially, the obligations of the institutions funded by fully or partially, the owner (founder) in accordance with federal laws and other regulatory acts of the Russian Federation bears additional responsibility.

The head of the Organization has its own status: it issues orders and orders (mandatory for all employees of this enterprise), enjoys the right of reception and dismissal, etc. At the same time, he himself executes labor functions, a contract is concluded with him, where his rights, duties and responsibilities, term, order and amount of remuneration, the foundation of dismissal (including additional) are stipulated.

In addition to the above, the rights and obligations are also provided for some features relating to employers to individuals.

Individuals are recognized by individuals by individuals registered in the prescribed manner as individual entrepreneurs and carrying out entrepreneurial activities without the formation of a legal entity, as well as private notaries, lawyers, established lawyers, and other persons whose professional activity In accordance with federal laws, state registration and (or) licensing that have entered into labor relations with employees in order to implement these activities (hereinafter referred to as employers are individual entrepreneurs). Individuals in violation of the requirements of federal laws said activities without state registration and (or) licensing that have entered into labor relations with employees in order to carry out this activity are not exempt from the performance of duties entrusted by TC on employers - individual entrepreneurs; Individuals encouraging labor relations with employees for personal care and help on housekeeping.

Employer - an individual draws up an employment contract with a worker in writing, and should:

Register this contract in the relevant local government;

introduce insurance contributions and other mandatory payments in the manner and sizes that are determined by federal laws;

To issue insurance testimonies of state pension insurance for persons entering work for the first time.

A document confirming the employer's time at an individual is a written employment contract (Article 309 of the Labor Code of the Russian Federation). The employer is an individual who is not an individual entrepreneur has no right to make records in workers' employment records, as well as draw up labor books Workers admitted to work for the first time.

Among employers, in addition to legal and individuals, a different entity has been named established by law Cases right to enter into employment contracts. Such a subject may be, for example, the local government body, if it is indicated in the Federal Law.

Labor Code as employers calls legal entities, therefore, branches, representative offices cannot be employers. According to Art. 55 CI RF branches, representative offices are not legal entities. They are endowed with the property that created their legal entity and operate on the basis of the provisions approved by him. Their leaders, speaking in civil circulation, are valid by proxy of a legal entity.

The head of the branch, representative offices may be a power of attorney, providing him with the right to receive and dismiss workers, however, in this case, the branch is not an employer. The employer in relation to the employees of the branch, the representative office is a legal entity, on behalf of which the head of the branch, the representative office exercise the authority to conclude an employment contract and its termination. If the head of the branch, representation is not authorized to take employment, labor relations with employees of the branch, representative offices arise on the basis of an employment contract concluded by the legal entity.

Chapter 4. Basement of the emergence, changes and termination of labor relations

4.1 The foundation of the occurrence of labor

Legal facts that entail the emergence of labor relations are referred to as the basis of their occurrence. The peculiarity of these facts is that such events, offense, a single administrative act can not serve. These facts are legitimate actions (the will of the employee and the head acting on behalf of the employer) committed in order to establish labor legal relations.

Labor legal relationship is based on the free willing of its participants, whose legal expression is an employment contract - a bilateral legal act. An employment contract as a bilateral legal act plays a very important role in the mechanism of legal regulation, he "translates" the norms of labor law on the subjects and generates labor legal relationship.

As a general rule, the employment contract is the basis for the emergence of most labor relations. The legal importance of a specific employment contract (contract) is that it acts as the basis of the existence and development of legal relations on the use of workers' work. This is expressed in the following. First, the employment contract is the most common foundation for the emergence of labor relations with employees with specific enterprises, institutions, organizations. Secondly, labor legal relations exist in time due to the concluded employment contract. It is the employment contract that is the legal basis of those interdependent actions of its parties, which should be committed by the parties systematically or periodically for the realization of the rights and exercises assumed by them. The systematic or periodic implementation of the rights and obligations is characteristic of the legal relationship generated by the workforce as a personal, in which rights and obligations are designed for long-term coordination of the behavior of the Parties. Thirdly, the employment contract individualizes the place of work (enterprise, institution, the organization with which the employment contract is concluded), and the generation of work (specialty, qualifications or position) of the worker as a subject of labor relationship. An employment contract can be individualized for a given citizen and other conditions of labor legal relationship with those, however, the restrictions that the terms of the contract deteriorating the position of employees compared with the legislation on labor are invalid (art. 5 of the KZOT).

However, it is necessary to distinguish between the conditions: immediate, the content of which is entirely determined by the Contracting Parties themselves, and derivatives, the contents of which are not produced by Contracting Parties, but are provided for in the laws and other centralized and local regulations (for example, in legislation on working time or in local positions about the bonuses of workers). Such derivatives for the conclusion of the employment contract are also taken to fulfill, since they are by force (Art. 15 of the KZOT) constitute an integral part of the employment contract, empower its part of the mutual rights and obligations.

A feature of the current definition of an employment contract is also the fact that it also includes the concept of contract. This was consolidated by the legislatively dominant in the science of Russian labor law, the concept considering the contract is not as an ordinary urgent employment contract, but as a special type of employment contract.

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Question 19.20. The concept and system of legal relations in the field of use of hired labor.

Labor relations are governed by labor law norms and act in the form of labor legal relations.

Labor legal relationship - This arising on the basis of an employment contract and regulated by labor law labor relations, according to which one subject - the employee undertakes to carry out the labor function with submission of the Internal Labor Regulations, and the other entity is obliged to provide the work due to this contract, ensure healthy, safe and others. Working conditions provided for by labor legislation and other regulatory legal acts containing labor law standards, collective agreement, agreements, local regulatory acts, employment contract, including employee labor payment in accordance with its qualifications, complexity of work, quantity and quality of labor.

Features of labor relationship:

1) the subjects (parties) of the labor relationship are always an employee and an employer;

3) Labor legal relationship has the labor, the rights and obligations of the parties are implemented systematically in the process of working in the field of use of non-independent labor;

Supplementing labor relations, as a rule, exist with the basic labor relationship. But the appearance of concomitant depends on the onset of specific legal facts (committing a disciplinary offense, causing damage to the employee or employer, etc.).

Since an individual can implement its abilities not only by concluding an employment contract, but also using civil law contracts (personal contract, instructions, compensated service and other services). It is necessary to take into account the distinctive signs of labor relations from civil and other relations arising about the use of labor. The following signs are distinguished as the main characteristic of labor legal relations in the field of use of non-independent labor.

1. The subject of labor relationship is the workshop itself on a certain employment function in the overall organization of labor, which exists within the framework of the organization, an employer - an individual. The subject of civil-legal labor relations is the result of labor (construction of the facility, delivery of cargo at the destination, writing the book, the development of the invention, the program for the operation of the computer, etc.).

2. Having concluded an employment contract (that is, in case of labor legal relations), the employee is obliged to obey the rules of the internal labor regulation of a particular organization established by the employer, to comply with the labor and technological discipline, carry disciplinary or material responsibility for their violations. What is not in civil law relations. The employee works to achieve the final result at its own risk.

3. The conclusion of the employment contract involves the implementation of the employment function - work as a position in accordance with the staffing, profession, specialty indicating the qualifications; The specific species of the commissioned worker of work is usually their personal labor. The exception is labor at home and in a small trade where the employee can attract family members to fulfill its work. In civil law relations, the customer is not interested in who will and how to fulfill the order, as it is important to him only the end result.

4. The employer who uses the work of an employee based on an employment contract is obliged to create healthy and safe working conditions, to comply with labor legislation, including labor protection legislation. This duty is assigned to the Customer in civil law relations.

5. The employee and the employer have the right to terminate the employment contract (termination of labor relationship) without any sanctions, in compliance with the legal procedures established by the legislation. At the same time, the employer is obliged to warn an employee about the dismissal in cases provided for by labor law, as well as to pay output benefits and other compensation. In case of non-compliance with the conditions of the civil contract for the parties, sanctions may apply.

6. The presence of labor legal relations implies a systematic (as a rule, at least two times a month) payroll in accordance with the work spent carried out by the employee at the fixed working time. Civil law labor relations, as a rule, suggest labor payment under the final result. The amount of payment is determined arbitrarily by the customer and performer. It does not depend on the duration of working time spent by the Contractor.

Types of labor relations depend on the types of relevant labor relations, the type of employment contract underlying the emergence, changes, existence and termination of labor relations, the form of ownership on which they arise, the organizational and legal form of the organization (employer), the locality in which the realization of labor relationship will occur . That is, there are so many types of labor relations, how many types of employment contracts. Within the framework of one organization (employer), there are several types of employment contracts, and, therefore, labor legal relations.

Based on the scope of employment contractLabor legal relations can be classified into implemented: in the regions of the Far North; in diplomatic missions and consulates.

Depending on the organizational and legal form They can be divided into labor legal relations arising in: joint Stock Company, partnerships, production cooperatives, unitary and state enterprises; And, based on the form of ownership, it is possible to allocate legal relations used by employers created on public and private ownership.

The specific place among employment contracts occupies a labor agreement on part-time. Its specifics is that it may arise several labor relations on its basis, in which the same worker will be the party. Moreover, they may arise between the same employee and an employer or other (other) employer.

Content of labor relationship Consists of two elements: material and volitional. Material content of labor relationsactivate the actual behavior of the employee and the employer. The employee really performs work on a certain employment function, and the employer pays him a wage for this work and creates normal working conditions for work.

Volga (legal) content of labor relationship Forming the subjective labor rights and obligations of the employee and the employer. Any subjective right as an element of labor relations is the unity of the possibility of the behavior of the eligible employee or employer; the ability to demand a certain behavior from an employee or employer; The ability to resort to the forced strength of the state in the event of non-fulfillment or improper fulfillment of the requirements by a worker or employer. Thus, the subjective right gives answers to questions, which opportunities in relation to each other are subject to labor relations.

The subjective rights of the employee are characterized by concreteness, attractiveness and relative freedom of behavior when implementing them. The employee is entitled to demand from the employer to provide work in accordance with his labor function, at the same time, when fulfilling its employment duties, he has the right to exercise independently initiative aimed at introducing advanced labor methods. The attraction is manifested in the fact that the employee has the right to demand ensure safe and healthy working conditions, normal working conditions.

The subjective rights and obligations of each employee as the parties of labor relationship, establish the boundaries and the content of the possible and proper behavior of the employee, within which it is entitled to act, demand, attach, use the benefits and meet the counter interests and the needs of the employer.

The employer also has subjective rights and responsibilities. He is entitled to demand from a work worker in accordance with the labor function proper quality And within the deadline. At the same time, he is obliged to highlight the employee workplace, to provide the necessary tools, workwear, etc.

It is important to note that the subjective labor rights and obligations of the employee and the employer act as corresponding to each other. That is, the employee's right corresponds to the obligation of the employer and vice versa.

That is, the labor relationship occurs not only on the basis of the employment contract, but this agreement predetermines its content.

Labor legal relations - The actual public relations on work in production and other public relations, which are the subject of labor law, which constitute a whole group of legal relations in the field of labor. This voluntary legal relationship of the employee and the employer, in accordance with which the employee undertakes to perform a certain labor function with subordination to the organization's internal labor regulation, and the employer creates the necessary conditions for labor in accordance with the law and pays the work of the employee not less than the minimum labor size established by law.

Labor legal relations are always bilateral. They are involved in the employee and employer with labor legal personality.

Types of labor relations are classified depending on the types of employment contracts: how many employment contracts are so many types of labor relations. For example, a specific type of labor relations - labor relations with part-time work. When working part-time, there are two labor relations in parallel.

Labor legal relationship It is necessary to distinguish from related legal relations related to difficulty, but regulated by civil legislation, the following features:

1) In labor relationship, the employee, as a rule, acts as a member labor team, and in civil - no;

2) the subject of labor legal relationship is the labor process itself, and in civilian - the result is its result;

3) in labor relationships, the obligatory condition is the submission of an employee of the Internal Labor Regulations, which is not in civil relationship;

4) In labor relations, the obligation to ensure an employee with the means of production, as well as the obligation to labor protection is assigned to the employer, and in civil relationship in labor such a duty, as a rule, is assigned to the Contractor.

All rights and obligations in labor relationship are personal in nature, i.e. The employee cannot put anyone instead of performing the labor function entrusted to it. The employer can also not change one employee to another without sufficient reason. All legal relations arising from the employment contract are always individual, and at the same time are bilateral, i.e. On the one hand, the complex of the authorities of one side and the duties of another subject, and vice versa.

Labor legal relationship is closely related to the employment contract, but not identical to him: the labor legal relationship accommodates the whole set of rights and obligations of a specific hard problem, which is its content, and the content of the employment contract - This is his conditions.

The basis of the occurrence of labor legal relations is the legal facts mentioned in the legislation. Their emergence is due exclusively with legitimate actions, through which the rights and obligations of employees and employers are established for the implementation by the employee of their employment function.

As a rule, labor legal relationship occurs on the basis labor contract. The Labor Code of the Russian Federation also provides for the following grounds The emergence of labor relationship:

· Election to position;

· Election by the competition for replacing the relevant position;

· Appointment for a position or approval in office;

· Direction to work authorized in accordance with the federal law by the authorities to the established quota;

· Judicial decision on the conclusion of the employment contract.

Labor relations between the employee and the employer also arise on the basis of the actual assumption of the employee to work with the knowledge or on behalf of the employer or his representative in the case when the employment contract was not properly decorated.

Labor relations on the basis of an employment contract as a result of election to the position arise if the election to the position implies the execution by an employee of a certain employment function.

Labor relations on the basis of an employment contract As a result of the election on the competition for replacing the relevant position arise, if labor laws and other regulatory legal acts containing the rules of labor law, or by the Charter (Regulations) of the Organization, a list of posts to be replaced by the competition, and the procedure for competitive election For these posts.

Labor relations arise on the basis of an employment contract as a result of appointment or approval as an approval in cases provided for by labor law and other regulatory legal acts containing labor law standards, or by the Charter (Regulation) of the Organization.

The change in labor relations may occur both as a result of actions and as a result of events, for example, transfer to another work, not caused by the employment contract, but only with the consent of the employee, with the exception of cases of the production necessity provided for in Art. 74 TK RF.

Termination of labor relations can be both as a result of the action and as a result of the event, for example, the termination of the employment contract on the initiative of the employee ( own willing) Art. 80 TC RF; Death of the employee - Art. 83 TK RF.