Labor relations are the most important aspect of the development of any organization. The extent to which they comply with the law, the extent to which they reflect the socio-economic interests of the employer and the employee, largely reflects the success of state policy in the field of political management and the development of the national economy. Therefore, the legislative regulation of labor relations in the Russian Federation is sufficiently rigorous. What is the specificity of the relevant communications? What legal acts are directly related to the regulation of labor relations in Russia?
Definition of labor relations
First, let's determine the essence of the term in question. Labor relations are social communications, which are based on an agreement concluded between the employer and the employee, in accordance with which the former undertakes to perform certain work for a fee guaranteed by the latter. Moreover, the appropriate interaction of these entities should be carried out in compliance with the norms of laws. An employer can act, if you follow the norms of the Labor Code of the Russian Federation, both an individual and a legal entity. An employee - only an individual (or group of persons).
Labor relations are those communications that are performed in accordance with a written contract. Oral conclusion of contracts between the employee and the employer in the Russian Federation is not allowed. The employer may allow the employee to start work without a signed contract - but within 3 days after the specialist begins the activity, the corresponding document must be drawn up (as well as the necessary annexes to it). The significance of the written contract is especially evident in the fact that the legislation of the Russian Federation provides for rather high protection of employees against possible dismissals.
The content of the corresponding type of legal relationship most often boils down to the fact that the employee is obligated to perform work in his specialization - received at a university or other educational institution. The specifics of a person’s position may also predetermine specific rights and obligations for the employee.
The implementation by a hired specialist of labor activity, as a rule, involves his submission to the internal labor regulations established by the organization (and, in practice, also to established traditions, for example, in the aspect of corporate culture). It is rare that an employee works alone - as a rule, he interacts with a team. In this case, the organization may adopt a collective labor contract - which may also imply the appearance of additional rights and obligations in a person.
Subjects and objects of labor relations
Some researchers identify subjects and objects of labor communications. The former include the employer and employee. The legal status of the first, as we noted above, can be different - an individual, a legal entity. What applies to the objects of labor relations? Researchers usually consider as such the professional knowledge, skills, personal qualities of the employee, which allow him to realize himself in the workplace and meet the expectations of the employer. The employer pays first of all for them.
Content of labor relations
We will study such an aspect as the content of labor relations.Its structure is formed by two main components - these are the rights and obligations of entities involved in relevant communications. Moreover, their specific content may change over time - both as a result of internal corporate changes, and due to legislative amendments. This can predetermine significant changes in the actual filling of the employee’s responsibilities, or, for example, the emergence of new rights. But if we consider the basic components that form the content of labor relations, then we can distinguish their following combination.
AT employer responsibilities most often include:
- timely payment of salaries to the employee;
- providing the employee with leave, maternity leave, sick leave;
- assistance in the realization by an employee of a number of civil rights (for example, to receive property tax deductions by providing the necessary documents, such as a 2-NDFL certificate).
Basic rights of the employer:
- receive from the employee work results that are consistent with the terms of the contract, the needs of the company;
- give the necessary instructions to the employee;
- apply the mechanisms of strengthening labor discipline provided by law.
In turn, the rights and obligations of the employee as a whole stem from the elements of the employment relationship that we examined above. Some lawyers believe that employees can rely on rights that complement those based on the obligations of the employer. Which for example? This may be the right to legal defense provided by the state. Other examples can be highlighted. In particular, the right to social justice (expressed, as an option, in getting a salary is not lower than that of the same specialists, as well as fulfilling labor tasks in volumes, no more than what colleagues in the company do).
Criteria for entry into labor relations
Labor relations are a type of communication in which the widest circle of citizens can participate. However, there are a number of statutory restrictions on the inclusion of certain categories of persons in this process. So, for example, the age minimum established in Russia for a citizen to officially enter into labor relations is 14 years old, moreover, only on condition that the participation of the person in the appropriate communications is approved by his parents, as well as if the work does not interfere with his studies. Independently, without their consent, a citizen of the Russian Federation can start working only at 16. This rule also has some exceptions. So, children under 14 years old can be actors, participate in circus performances - also with the consent of the parents and if this causes harm to their health.
In some areas of the economy, you can work only from the age of 18 - for example, in enterprises where you have to work in a harmful industrial environment. A similar restriction is also set for public service. It can be noted that the list of industries for which a person must be 18 years old is approved at the level of federal legal acts. An employer is not entitled to enter into labor relations with citizens who are recognized as legally incompetent. Also, a ban on a person as a hired employee can impose a court on a person.
Qualification requirements
Entry into labor relations may be limited by virtue of qualification requirements. This criterion characterizes a variety of areas - medicine, education, sports, energy, industry, etc. For example, in order to work as a teacher, a person needs to meet criteria such as higher education or the necessary qualifications that meet the standards included in the tariff qualifications sources.
Civil and labor relations
Relationships based on the conclusion of civil law contracts may be sufficiently close to labor. Thus, due to a lack of legal knowledge, many citizens can work under the relevant contracts and not even suspect that they are not employed by the Labor Code of the Russian Federation, the key law through which the state carries out legal regulation of labor relations. What causes the similarity of civil contracts with contracts concluded in accordance with the norms of the Labor Code of the Russian Federation?
First of all, the actual content of the work performed by the person who signed the agreement, alternative to labor, may coincide with the activities of employees - as an option, of the same company. The fact is that the legislation of the Russian Federation defines the criteria for distinguishing between activities in a format that complies with the Labor Code of the Russian Federation and that which is carried out under civil law, are very superficially defined. Many employers end up taking advantage of this. What for?
The fact is that at the conclusion of civil contracts the employer does not have those obligations that are characteristic of labor contracts drawn up according to the norms of the Labor Code of the Russian Federation, in particular - stable payment of salaries, vacation pay, sick leave, maternity leave. However, many employees are not opposed to such a scheme due to the fact that they, in turn, also do not have a number of obligations to the employer, which are provided for by the Labor Code of the Russian Federation, in particular, adherence to a clear work schedule, labor discipline, and submission to the requirements of the management.
We note, however, that the laws through which the state provides legal regulation of labor relations in the Russian Federation now explicitly prohibit the conclusion of civil contracts for employers in the event that work under this contract is identical to that characteristic of hired employees, or very close to her. Therefore, employers - as well as those employees who agree to work according to the corresponding scheme - need to interact carefully within the framework of civil contracts. Actually, this rule is designed to affect just such unscrupulous employers who use the lack of legal knowledge of their employees in their own interests.
Outstaffing
A variety of civil law relations can be outstaffing - a scheme in which the company actually allows people who have signed an employment contract with another legal entity to work. More precisely, the company, in principle, is not obliged to check how the legal relations of the respective specialist with his employer are fixed, the main thing is that she gets the opportunity to interact with a person who has the necessary knowledge and qualifications.
Note that such a scheme for organizing legal relations between the employer and the entity performing a certain labor function will be prohibited by Russian law from 2016. However, it is consistently practiced in many other countries. In rare cases, if the activities of the outstaffing organization comply with a number of legislative criteria, communications close to the corresponding scheme will still be possible in Russia. But in the general case, the state expects from organizations to conclude contracts with employees in accordance with the Labor Code of the Russian Federation.
Sources of law in labor relations
Let us consider in more detail how the state legislatively regulates labor relations. The key regulatory act here, as we noted above, is the Labor Code of the Russian Federation. Other significant sources are the Constitution of Russia, presidential decrees, government decrees, acts of executive authorities. In some cases, court decisions, in particular, the Plenum of the RF Armed Forces, may be equated with sources of law, although formally they do not correspond to such status.Labor and labor relations can also be regulated at the level of regional and municipal legislation. The main criterion here is that the relevant legal acts should not contradict federal ones. Labor relations in the organization can be regulated by local sources - executive orders, instructions, contracts. They also should not contradict regulations with greater legal force - municipal, regional and federal.
It can be noted that civil contracts do not apply to those that are regulated by labor law. The main source of law for relevant communications is the Civil Code of the Russian Federation. Consequently, possible disputes between the employer and the employee who signed the contract of the type in question will be resolved not with the participation of Rostrud, but in civil proceedings. Unless, of course, we are talking about a situation where the employer, in violation of the requirements of the Labor Code of the Russian Federation, entered into a civil contract with the employee, when the actual content of the work is very close or fully meets the criteria for the activities of a person employed under the Labor Code of the Russian Federation. That is, when in reality communications are labor. Legal relations - in the sphere of interaction between employers and employees, the Russian state regulates quite strictly.
Moreover, this state of affairs is far from characteristic of all countries. There are states in which, for example, even the labor code is not adopted - for example, the United States. As a result, the legal status of employees of American enterprises can be characterized by much less security than if a person in a similar position carried out activities in the Russian Federation.
It can be noted that the Labor Code of the Russian Federation and other laws regulate the labor relations of workers in any position, but in the case of public service, special legal acts can serve as equally significant sources of law, according to which the state manages processes in the relevant industry . The same can be said of the military sphere. The provisions of the Labor Code of the Russian Federation may also imply a different level of legal protection for ordinary specialists and the organization’s leadership, for example, in matters of dismissal. The dismissal of the general director of the organization implies overcoming, as a rule, a greater number of legal barriers than when a specialist is dismissed - in particular, this applies to subsequent financial obligations of the company.
The social aspect of labor relations
Many employers declare their desire to build social labor relations with employees. What is the specificity of this type of communication? There are several interpretations of the term “social labor relations”. In accordance with the prevailing interpretation, it should be understood as communications aimed at improving various aspects of the employees' labor activity - working conditions, salaries, opportunities for professional development and career growth, and the appearance of various social guarantees - for the employee and his family.
Some researchers prefer a broader interpretation of the term in question: for example, they believe that the sphere of labor relations is always social in one way or another. And therefore, the corresponding type of communication will not be carried out outside the “social” component in any aspect. In this sense, labor relations are not a unique field. In this context, probably, almost any kind of legal relationship - in the field of politics, law, economics - can also be considered social.
There are specialists who interpret the term in question as relevant to such an aspect as social justice - we talked about it at the beginning of the article.That is, an employee working in an enterprise should be able to carry out their activities not on worse conditions than other specialists, receive a fair salary - no less than that of employees with similar experience and specialization, and the same amount as others social guarantees and other preferences.
Often, the employment relationship of the employer and the employee becomes the object of observation of trade unions and other public structures declaring their interest in protecting citizens in the status of an employee from possible legal harassment of the employer. This may also trace the aspect of relevant communications under consideration. If a trade union participates in the interaction between the employer and the employer, this may involve the regulation of social and labor relations at the level of official legal acts. Such as, for example, Federal Law No. 10 of January 12, 1996. This source regulates the activity of trade unions.
Social Labor Relations and Legislation
The laws by which the authorities regulate labor relations do not directly spell out the requirements by which an enterprise must ensure that the activities comply with “social” criteria. But some lawyers are able to find them by analyzing the information of their legal acts, which is framed in other words, but, in fact, implies the obligation of the employer to act with a “social” emphasis.
So, for example, the employer's obligations to provide leave according to a pre-approved schedule can already be considered an example of such requirements, as researchers believe. Some of the rules of the law may be advisory in nature or may not imply any serious sanctions by regulatory authorities for their failure to comply. For example, a collective labor contract — as an instrument of additional “socialization” of communications within a company — is optional for companies to be formed by law, but it is highly recommended that they do so — in case the State Labor Relations Commission pays a visit to verify it.
