Relations between employers and employees are often difficult. They cause a lot of questions on both sides, and sometimes become the causes of disputes and disagreements. That is why it is advisable to find out the detailed working conditions before starting cooperation, without neglecting this stage of the discussion at the interview. Labor relations are an extensive topic that cannot be addressed in a single article. Let's find out who can act as an employer.
Definition
In any employment relationship, at least two parties must be present. They are called the employee and the employer. Also, representatives of both of the above parties, trade unions, and the state labor inspectorate can become participants in labor relations.
Let's start with the definition. So, in accordance with the law, the employer can be called a person who enters into an employment relationship with an employee or employees. If it is simpler, then this is the one who gives the opportunity to earn money on certain conditions. An individual can act as an employer on a par with a legal entity. It has the statutory right to hire employees for entrepreneurial activities or for personal reasons.
Individuals
So, as you already understood, not only an organization, but also an ordinary citizen can act as an employer. Let's take a closer look at the cases in which this occurs:
- If an individual is registered as an individual entrepreneur and performs the corresponding activity without forming a legal entity. This category also includes private notaries and other professionals who must register or license their own activities. Even if an individual carries out entrepreneurial activities without proper registration, this does not exempt him from fulfilling the duties that arise when hiring employees.
- If an individual enters into an employment relationship with an employee for the purpose of personal service. For example, help with housework. Such employers are called individuals without IP status.
Features of labor relations
So, no one is surprised by the fact that an individual can act as an employer. However, let's look at more detailed requirements for those who plan to hire employees.
An adult can enter into labor contracts and simultaneously act as an employer if there are no restrictions on legal capacity. Moreover, even before adulthood, a citizen can hire employees from the moment of acquiring legal capacity.
If an individual has reached the age of majority, but for some reason is limited in his legal capacity, he has the right to hire employees for personal purposes, but subject to the consent of the trustee.
If an individual who has reached the age of majority is declared legally incompetent, his legal guardian on his behalf may hire employees for the personal service of the ward.
An employer can be a person who is between the ages of fourteen and eighteen years, but has not acquired full legal capacity, subject to two conditions:
- Availability of own income, for which scholarships are recognized, for example.
- The presence of consent from legal representatives. They can be parents, guardians, trustees.
Now you know under what conditions an individual can act as an employer.
However, this is not the only category of those who can attract employees to perform certain tasks.
Legal entities
It is this category that makes up the bulk of employers in the labor market. In accordance with the legislation, legal entities are recognized as organizations, which, in turn, are divided into commercial and non-commercial. The main difference is that the former are created for profit, while the latter have some other goals for doing business.
A legal entity may exercise its own rights and obligations from the date of state registration. Upon completion of this procedure, it also has the right to enter into labor relations with employees.
Subtleties of labor relations
Documents of legal entities, as a rule, contain information about the subject and objectives of the activity, which is of great importance in determining the professional qualifications of employees with whom the organization may enter into labor relations.
Often, large organizations have branches and representative offices. However, only the main legal entity for which the branch or representative office was opened may act as an employer. In fact, they do not have the right to carry out such actions on their own behalf.
The head of any branch or representative office has the right to act on behalf of the organization, concluding, amending or terminating employment contracts. At the same time, the legal entity that opened this branch or representative office may act as an employer. It is important for potential hired professionals to know this feature.
Employer Rights
Each party to labor relations has the rights and obligations assigned to it. Let's find out what rights a person acting as an employer has:
- Conclusion, amendment, as well as termination of employment contracts with employees.
- Collective bargaining and conclusion of the same name contracts.
- Encouragement of employees in the case of high-quality and effective performance of duties.
- Determination of the form, size and system of remuneration.
- Agree with employees on additional holidays, reduced working hours and other conditions.
Employer Responsibilities
The existence of rights always entails certain obligations. The duties of the employer include:
- Compliance with legal requirements, as well as the conditions of an employment contract concluded with an employee.
- Provide employees with the work specified in the employment contract.
- Ensure safe working conditions.
- Ensure equal pay for the same work.
- Provide employees with equipment or other means necessary for the performance of labor duties.
The salary for the employer acts as a remuneration of employees for the performance of duties. That is why the employment contract may contain conditions for the presence of fines in case of violation by the employee of its terms.
Arbitration Manager
Let's take a closer look at this position and the authority to perform the functions of an employer.
So, the arbitration manager is an obligatory participant in the bankruptcy proceedings. This employee can act as a temporary, competitive or external manager. In this case we are talking about an arbitration manager acting as an employer. However, you need to understand that its main task is to represent the company or individual in a court session.
In this position, the arbitration manager gets the opportunity to take a direct part in the management of the enterprise.These powers are granted in order to exercise control over the activities of the debtor and maximize the satisfaction of creditors' claims.
In accordance with the law, the arbitration manager must be a natural person who has the status of an entrepreneur and has the appropriate qualifications.
The authority available to this specialist depends on the specific procedure. The broadest powers are granted at the stage of bankruptcy proceedings. In this case, the arbitration manager acting as an employer has the right to dismiss employees. It is also vested with other powers related to the activities of the enterprise, but they do not directly relate to employees.
Finally
The concept of labor relations covers a huge amount of information. It is worth noting that the data in different sources may not coincide. For example, there is an opinion that the following organizations can act as employers: branches, representative offices and others.
If you remember, these entities are not legal entities. Therefore, the question remains whether the following organizations can act as employers or not. Indeed, formally, all structural divisions act on behalf of the main legal entity on the basis of which they appeared.
So, now you know who can act as employers in accordance with the law. It is worth noting that the presence of hired employees entails certain responsibilities relating not only to the payment of wages. In accordance with the law, it is necessary to provide employees with leave, observe working conditions and so on. In addition, the employer acts as a tax agent, which imposes the relevant obligations related to the payment of tax deductions.