Now, with a certain deficit of decent vacancies, there may be an unfair attitude of employers to the employees of their company. In order to influence this situation, specialists should at least know what rights an employee has within the Russian Federation.
The fact is that the legislation clearly defines the boundaries of the employer. Therefore, it makes sense to pay attention to the Labor Code.
Employee Rights
Before considering the protection of employee rights, they are worth exploring. So, what can a person who is hired to apply for:
- To get a job according to an employment contract.
- An employee may conclude, amend and terminate an employment contract on the basis of the conditions established by the Labor Code of the Russian Federation.
- Receive payment for work on time and in full. Moreover, it should fully comply with his qualifications, the complexity of the work performed, as well as its quality and quantity.
- The basic rights of an employee include rest, which is ensured by establishing the normal length of working time and, if necessary, reducing it for certain categories and professions.
- Protection of labor rights, legitimate interests and freedoms in the manner prescribed by law.
- The right to demand from the employer such working conditions that would comply with safety and hygiene requirements.
- Insist on the issuance of personal and collective protective equipment.
- Stop the work process or abandon it if the working conditions endanger both his own health and other employees. A similar reaction will be justified if the work does not allow him to fulfill the environmental safety requirements.
- Suspend operation if a risk of an accident has been detected.
- Receive information from management about the occurrence of hazard factors in the work environment.
- In the case of a doctor’s opinion, ask for transfer to another job or ease of working conditions.
- Receive compensation in accordance with the amount established by law for harm caused to his health in the course of work.
What should an employee do
In order to get a better idea of the legal framework regarding work, it is worth considering the rights and obligations of the employee. And if we talk about obligations, we should highlight certain requirements that the employer has the right to present to an employee of the enterprise:
- compliance with internal labor regulations;
- performance labor standards which are installed at the enterprise;
- conscientious performance of their duties in accordance with an employment contract;
- compliance with labor safety and protection requirements;
- in the event of a situation that poses a threat to the safety of property or the life and health of people, notify the employer without delay;
- treat the property of employees and the employer with care (this rule is relevant in relation to the property of third parties if the employer is responsible for its safety).
Thus, the rights and obligations of the employee are focused on ensuring the efficiency of the labor process without harming the employees of the enterprise. Also, these rules established by the Labor Code of the Russian Federation help to harmoniously organize the interaction of the labor collective and the employer.
Social workers
If we turn to the current legislation, we can see that the rights of a social worker are also spelled out in the Labor Code.Thus, there is a certain list of rights that employees of integrated centers and government agencies oriented to social work can count on:
- Extraordinary service by municipal and state enterprises of trade, communications, everyday life, public catering, institutions that provide legal assistance, as well as branches of Sberbank.
- Provision of social equipment, clothing and footwear, or financial security to compensate for the costs of their acquisition (in accordance with the procedure determined by the law of the Russian Federation).
- Compensation for the use of personal vehicles that were operated to provide social services.
- Free travel in public transport (irrelevant in relation to a taxi), but provided that the fact of traveling is due to professional activity.
- Installation of an apartment telephone without a line, as well as the purchase of vehicles for the subsequent servicing of disabled people and the elderly in the order established by the Government of the Russian Federation.
What can pedagogical specialists expect?
Given that teachers of educational institutions of various levels are engaged in responsible and partly specific activities, it makes sense to separately consider the rights of teachers:
- it is a defense of professional dignity and honor;
- training;
- participation in the management of an educational institution;
- independent choice and application of the methods of education and training;
- obtaining a long vacation at least once during 10 years of continuous experience;
- training load regulation;
- additional social support measures that are provided to teachers in a particular region;
- maintaining the continuity and volume of teaching subjects in the process of establishing the academic load for the new work year;
- performing the functions of the class teacher upon obtaining consent from the doctor;
- confidentiality of official investigation, if a particular case does not fall under the exception according to the legislation of the Russian Federation.
- with voluntary consent, certification for the selected category;
- obtaining a pension for seniority, as well as social benefits and guarantees.
As you can see, workers of various profiles have many rights. And so that they are always respected, there are certain mechanisms for influencing employers.
Protection of the labor rights of workers
In accordance with the Constitution of the Russian Federation, the state must protect freedoms and human rights. It is for this reason that the TC pays enough attention to the freedoms and rights of employees.
Legislation provides ways to protect these freedoms. We are talking about legal means that are aimed at preventing and suppressing violations of labor laws, as well as restoring rights violated by the employer. The legislation also provides for compensation for damage resulting from non-compliance with rights.
Protection of labor rights of workers in accordance with Art. 352 of the Labor Code of the Russian Federation is reduced to the following measures:
- protection of the legitimate interests and labor rights of workers by trade unions;
- judicial defense;
- independent measures to protect labor rights by employees;
- state supervision and control over compliance with labor laws, as well as other regulations that contain the rule of labor law.
The essence of state supervision
Speaking in more detail about this method, it is worth noting that the rights of the worker on the part of the state are protected quite effectively.
For the full functioning of the oversight and control activities, there is a system of state bodies with special powers. These powers are necessary to carry out a specific type of supervision.As for the structures that perform the monitoring function themselves, these include the bodies of the Federal Labor Inspectorate, the prosecutor's office, the executive branch of the constituent entity of the Russian Federation, and local self-government.
Self-defense of labor rights
This is one of the legal ways by which it is possible to effectively defend the rights of an employee. In this case, the employees of the enterprise act independently due to the absence of an authorized body.
An employee may carry out activities such as refusal of work, which threatens his health and life or is not provided for in an employment contract. If necessary, you can not refuse to work, but suspend it.
Unions
Various organizations and associations, which include trade unions, are created in order to competently and, if necessary, radically defend the rights of the employee.
An interesting fact is that the rights granted to trade unions to protect the interests of workers are simultaneously determined as their duties. An example is the possibility of such organizations to monitor the observance by the employer of those freedoms of employees of the enterprise that are provided for by regulatory acts and labor legislation.
It is important to understand that, although the unions have sufficient authority to conduct inspections, they cannot apply any sanctions. The only instrument of influence that is available to them is the right to demand responsibility in identifying violations of the Customs Code.
findings
At the moment, there are enough leverage to influence enterprises and organizations that violate the rights of the employee. At the same time, it is important that the specialists themselves, whose freedoms were infringed, take the initiative regarding the responsibility of the employer: apply to trade unions or refuse those types of labor that do not comply with the Labor Code of the Russian Federation.
