Headings
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Rights and obligations of the employer

The labor duties of the employee and the employer are a topical issue of modern legislation. First of all, this is due to the fact that for a sufficiently long period there were no clear normative acts regulating the sphere of production relations. employer responsibilities

Category Interaction

Earlier, the rights and obligations of the employee and employer were largely conditional, indefinite. Moreover, conflicts between representatives of these two groups periodically arose and continue to appear. The responsibilities of the employee and the employer differ from each other. However, along with this, these categories have a close relationship. Next, consider what are the main responsibilities of the employer.

Legal aspect

In Russia, labor law is in the process of constant reform. In 2001, the Code was adopted, the provisions of which were aimed at regulating relations in the manufacturing sector. In 2004, at the Plenum of the RF Armed Forces, significant adjustments were made to the understanding of the norms. In particular, a decree was passed prescribing the use by courts of the Labor Code. Significant amendments were introduced by the Federal Law of June 30, 2006. Along with this, the tasks and goals of labor law have changed. Today, the formation of optimal conditions for achieving the necessary coordination of the interests of all parties involved in industrial relations is in the first place.

Employer Rights and Obligations: General Information

A characteristic feature of a mutually binding bilateral agreement, which also includes the contract between the employer and the future employee of the enterprise, is that each side has not only opportunities. Members joining labor Relations, assume responsibilities in relation to each other. These two categories come not only from the contract. The basis are laws, by-laws, collective agreements, local provisions that are adopted directly by the enterprise management. The latter include decisions, orders, orders. The employer can provide himself with these tools with additional powers and accept additional responsibility. rights and obligations of the employer

The main provisions

All rights and obligations of the employer, which he has in accordance with the law, agreement or other regulatory act, are subject to exercise. The employer may require the employee to properly carry out his professional activities. Also, the employee may insist on the performance by management of their obligations. It does not depend on the source and the basis of their occurrence. This conclusion proceeds from a mutually binding bilateral character that an employment contract has. The obligations of the employer are not concentrated solely in the field of relations with the employee or team.

Tenant status

The head of the enterprise is a rather complex and multifaceted figure. An employer is a person who is vested with certain powers by the state. The duties of the employer include providing citizens with the opportunity to fully realize their interests in the manufacturing sector. In particular, this directly relates to the ability of employees to carry out professional activities and receive social guarantees. Along with this, the head also acts as a “tax agent”. He has the right to recover monetary amounts from employees for taxes and other payments.In this case, the employer must timely transfer the funds received to the appropriate recipients in the prescribed manner. employer duties

Classification

The employer performs quite a lot of different functions, having subjective rights and legal obligations. It is advisable in this case to distinguish three categories:

  • Special duties and rights of the employer. They are endowed with the head in accordance with the laws and regulations of other sectors. For example, under tax law, the employer has specific agent powers, as a result of which he receives certain rights and bears specific responsibility.
  • General duties and rights of the employer. They are regulated by Art. 22 shopping mall.
  • Certain obligations and rights of the employer. They are provided for in other articles of the Code and are implemented in the course of social partnership in the manufacturing sector. These rights and obligations of the employer are associated with the conclusion, termination, amendment of the contract regarding certain parties to the working relationship. In particular, we are talking about setting the standard time for professional activities by employees and leisure, the definition of payment, liability, discipline. The same category provides for the employer's responsibilities for labor protection.

Tenant Credentialsrights and obligations of the employer employee

In accordance with the Labor Code, the employer has the right:

  • Terminate, modify, enter into contracts with employees on the terms and in the manner established by the Code and other federal laws.
  • Collectively negotiate and enter into appropriate agreements.
  • Encourage staff for the conscientious implementation of professional activities.
  • Demand from employees the performance of their duties, respect for property owned by the enterprise, including that held by the employer, if the latter bears responsibility for its safety, production rules.
  • Attract employees to material and disciplinary liability.
  • Adopt regulatory acts of a local nature (with the exception of employers who are not individual entrepreneurs).
  • Form associations with other employers to represent and protect their own interests and join such communities.

Employer Responsibilities

They are defined in Art. 22, part 2 of the Labor Code of the Russian Federation. The duties of the employer include:

  • Compliance with legislation and other acts regulating industrial relations, contract terms, agreements and other documents having legal force in this area.
  • Providing employees with the work established in the terms of the employment contract.
  • Providing staff with tools, equipment, technical documentation and other means necessary for the implementation of professional activities.
  • Ensuring working conditions and safety in accordance with regulatory requirements for its protection.
  • Collective bargaining, conclusion of agreements in accordance with them in the manner established in the Customs Code.
  • Payment of salaries due to employees in full.
  • Providing timely and reliable information to staff representatives to conclude agreements and monitor the implementation of their conditions.
  • Familiarization of employees with the adopted acts of a local nature relating directly to their work activities, under their signature.
  • Consideration of the submissions of the relevant trade union organizations, other representatives selected by the employees on issues of revealed violations of the law and other acts regulating industrial relations, take measures to eliminate them, and also report the results of the measures taken to interested parties. main responsibilities of the employer
  • Timely implementation of the instructions of the federal executive body authorized to monitor and supervise compliance with the provisions of the labor legislation and other regulatory acts related to the area in question. In case of violation of the requirements to bear responsibility: to pay fines, compensation and so on.
  • Ensuring the household needs of employees regarding their performance of their duties.
  • Compensation for harm caused to employees in the course of their production activities, to compensate for moral damage on the terms and in the manner established in the Labor Code, other regulatory acts and laws.
  • Compulsory medical insurance for staff.
  • Formation of conditions ensuring the participation of employees in the conduct of business of the enterprise in the forms provided for in the Labor Code, other laws and regulations.

The law may provide for other additional obligations of the employer.

A responsibility

Obligations of the employer - legally fixed category, subject to execution. When evading the requirements of the employer or abusing the employer, a threat arises not only for a particular employee or the whole team, but also for society as a whole. In this regard, the state, acting as a guarantor of the legitimate interests and rights of workers, establishes various forms of responsibility for employers. In particular, administrative, disciplinary measures may be applied. The employer may be held criminally liable for the most dangerous labor violations. labor duties of the employee and employer

Conclusion

From the foregoing, it follows that from the entire list of rights, the employer has, first of all, the power to form a work collective. To this end, he can conclude and terminate agreements with employees, change production conditions. Also, the employer can act as an initiator of negotiations, defend their own interests in a judicial proceeding, and sign contracts.

To provide guidance, the employer is vested with a certain range of powers. They provide him with the opportunity to ensure discipline, compliance with the routine, and implement labor protection. He may require employees to properly perform the tasks assigned to them, to comply with the requirements. Along with this, the employer assumes responsibilities.

Finally

A healthy atmosphere in the team, the attitude of the staff towards him, the efficiency of the production process, and the safety of employees will depend on the quality of the employer's activities. Therefore, the employer must not only exercise his rights, but also fulfill his duties, and if necessary bear full responsibility for his actions. The head of the enterprise must create such conditions that during the production process the interests of all its parties are satisfied.


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