All the rights the entrepreneur has, as well as the duties assigned to him, are clearly spelled out in existing laws. The most important is the code called the Labor Code. It lists the basic rights of the employer, fully describes all the responsibilities associated with such activities. If you want to cooperate with the staff correctly, without any discontent on any side, you need to know the provisions of the code, be guided by innovations, and follow new options for the interpretation of the wording.
general information
To get an idea of the basic rights of an employer, you should first of all study the 22nd article of the collection of rules related to the provision of jobs, cooperation between different levels of the hierarchy of the personnel of the enterprise. The article states, in particular, that any person hiring another, thereby gets the right to sign an agreement, change it as needed, terminate if necessary. It is agreed that the employer has such a right only if the conditions and the procedure regulated by the current legislation are observed. Take into account TC, regulatory acts of the federal level. Even if for some reason both parties to the cooperation agree to an agreement that runs counter to applicable laws, no one has the right to conclude it, and the responsibility for this lies primarily with the one who provides the workplace.
Among the rights of the employer, enshrined in the Labor Code of the Russian Federation, is the ability to reward people hired if they fulfill the duties assigned to them in good faith, and the work process itself can be considered effective. Also, the person providing the job has the right to organize collective bargaining, conclude agreements, one of the parties of which becomes all the personnel of the enterprise at once.
To work, so on conscience
At the time of formulating an agreement between an enterprise and an individual wishing to work in this company, various aspects of cooperation are stipulated: schedule, salary, responsibilities and other significant points. At the time of signing of such an agreement by both parties, the persons confirm their agreement with the conditions and undertake to follow the requirements. Due to this, the right obtained by the employer under the Labor Code of the Russian Federation is to require each person hired to fulfill the obligations that he assumed by signing official papers. All members of the staff must be obliged to carefully treat common property, objects owned by the employer or third parties, if the company is responsible for the safety of items. A person who provides citizens with jobs has the right to demand such a careful attitude. The laws reserved him the right to demand that all those employed clearly follow the established schedule of the working day.
Not all employees know the right of an employer who complies with applicable laws in terms of punishment, if a person does not work correctly, behaves in the workplace. Regulatory acts declared: the employer has the right to prosecute personnel who violate the agreements made. This may be disciplinary, but material penalties are allowed if the misconduct falls within the group of the punished in this way. The procedure for engagement is clearly regulated by a set of laws on the relationship between the enterprise and the state.Other laws relevant in the country are taken into account.
Everything is official
One of the rights of the employer established by regulatory enactments in the Russian Federation is the creation and signing of local documentation governing the work process and relations between employees. True, this is not permitted if the workplace is provided to citizens by an individual working in the status of individual entrepreneurs.
By organizing jobs for other people, the person thereby gets the right to join specialized associations created for employers. Those are called upon to defend the interests of this group of persons. Entering the association, thereby the entrepreneur receives his own representatives in various instances, circles.
Among the basic rights of the employer, enshrined in the Labor Code of the Russian Federation, is the ability to exercise their rights declared in normative acts dedicated to specialized valuation measures aimed at studying working conditions in a particular company.
One head is good, but many are better
The rights and obligations of the employer listed in the Labor Code of the Russian Federation include an indication of the production council. Creating a structure is possible on the initiative of the person providing the workplace. It should be borne in mind that this is not allowed if a person chose to work as an individual entrepreneur and is an individual.
The production council, the formation of which is one of the employer's labor rights, is a body whose task is meetings. Such a council is formed strictly voluntarily, it includes only those workers who, at their own request, are ready to become a member. A prerequisite is employment with a specific employer, the one who is interested in forming a council. Usually, people who have distinguished themselves by some achievements are invited to participate in the structure. The organ’s classic task is to prepare proposals, the implementation of which will help to improve the work process, activities in general, its individual aspects in particular. The Council may propose ways to introduce new technical means, technologies, and methodologies. Typically, only qualified and experienced workers are present in the staff, able to offer relevant options for increasing work productivity and staff qualifications.
Tip: more details
Created on the basis of the rights of the employee, employer specified in the Labor Code, the production council is formed in such a way as to have a number of specific capabilities and powers. The nuances of the work of this body are governed by the document introduced at the enterprise, dedicated strictly to this structure. The employer takes the normative act, taking into account the opinion of staff representatives.
In accordance with the rights of the employee and employer established by the Labor Code of the Russian Federation, a council organized within the company aimed at increasing the efficiency of the work process cannot deal with managerial issues if such laws are strictly related to the competence of specialized company structures. You can not deal with such nuances of the work process that are associated with social protection, labor rights of personnel. The Council cannot represent anyone anywhere.
These restrictions are reminiscent of the articles of law that consider the work of trade union bodies and organizations whose main task is to ensure justice and uphold the interests of all parties to cooperation within the company. The employer's task is to transmit relevant information about the results of the study of the proposals of the council to its representatives. If any proposal has been implemented, it is also necessary to notify this in an official manner.
About terms
Before analyzing the rights and obligations of the employer under the Labor Code, one should turn to terminology in order to avoid misunderstandings.They take into account that only an agreement that is mutually accepted by the person providing the workplace and those who will work here can be called an employment contract. The agreement is strictly bilateral, which is emphasized in the current TC. The bilateral relations are indicated by the presence in the laws of obligations, the rights of the person who was hired, and the one who accepted the employee. It is worth noting that before in our country a different set of laws was in force, strictly considering obligations and possibilities of an employee.
Speaking about what the employer has the right to, you need to pay attention to the rules for working with agreements. A person accepting an interested citizen to work may conclude an agreement with him, may change it in the future, or complete joint work. To exercise the right, you need to take into account the grounds, rules listed in the code of laws. There is a general procedure initiated by the employer. It must be strictly observed. Additional grounds on which to break the previously concluded agreement are listed in various highly specialized laws that expand the rights of the employer under the Labor Code. An example of this option is the existence of a special regulatory act that describes how you can get a civil service and for what reason, in what ways you can be dismissed from such a place. Instead of an agreement, such a normative act uses the concept of a “service contract,” which does not change the essence with respect to a specific case of signing an agreement, amending it, and terminating it.
You - me, I - you
From the data provided by the Labor Code of the employer, it follows that the parties to the agreements are legally equal. Such equality concerns the case of signing official papers by the person providing the workplace and those who agree to do the work, as well as by the person who is interested in signing the collective agreement. Both parties have the opportunity to initiate work on a collective agreement, as well as signing such a document. If one party formally proposed to make a general agreement, the other is obligated to start negotiations on this issue within a week. It is known from legal practice that employed persons more often initiate the process of concluding a collective agreement than the one who provides them with work.
The agreement must be signed by both parties. The employer's right declared by the Labor Code is to accept the offer and acknowledge it with its signature. On the part of the staff, under an official paper, consent marks are put by elected persons who have expressed public confidence.
Everything is interconnected
The fact that the employer has the right to conclude labor agreements, change them and break them, work with people, organize special medical examinations for them, open a production council, says the 22nd article of the code of laws on labor in our country. The provisions of this document are associated with the text of the previous article number, which describes what rights are given to an employed person who has chosen a job in the Russian Federation.
The provisions of the 21st article are sometimes referred to the 22nd, which talks about the rights of the organizer of the work process. This indicates the need to consider, respect and respect the rights of all participants in labor interaction. Certain provisions indicate the importance of discipline in the workplace. The current code of laws obliges the employed to observe discipline, while the employer gives the right to demand that the specified rules and norms be followed, the order. If a person clearly complies with what is intended, he can count on encouragement, and if the conditions are neglected, there is a risk of disciplinary liability, the right to impose on which is given to the employer by the current legislation.
Laws: you need to know everything
It is necessary not only to study the Labor Code, the rights of the employer are fixed in other specialized official documents. In particular, a lot of useful information can be gleaned from comments on articles of laws.Certain rights can be found out by examining normative acts, agreements governing the cooperation of people within the workplace. All additional sources of information can increase awareness of their capabilities, realize the responsibility to workers and society. The employer can count on the expansion of authority by regulations, while the market economy forces him to be as responsible as possible.
Although the employer’s rights are quite diverse under the Labor Code, the current legislation differs significantly from the old ones in the past: a centralized solution to labor issues is becoming less pronounced. Progress is such that preference is given to agreements concluded by interested parties, while laws give only general restrictions in order to protect the basic interests of citizens. An employer may form local acts within his enterprise that will govern the work process. They limit the possibilities of the employed to a much greater extent, as well as give them more rights than general laws, since they are created taking into account the nuances of the workplace. It is taken into account that individuals can act as providing jobs to others, but are not able to form local acts. As a rule, an individual entrepreneur concludes a labor agreement with those who provide assistance with the housework, and services a person.
I want to learn!
Current legislation addresses various areas of the workflow. Do not neglect information about the possibility of improving the quality of personnel - such is prescribed in the Labor Code. For example, the right of the employer is to send people trained at his enterprise for training, retraining, and education. Article 196, included in the Code of Labor Relations, provides information on such opportunities and related obligations.
The specified normative act is dedicated to additional education, specialized training of personnel, as well as the obligations and rights that the person providing the workplace has in this aspect of the relationship. An entrepreneur has the right to refer a person working with him for a specialized qualification assessment conducted by an independent professional.
Preparatory work, additional educational courses related to improving professional opportunities, subsequent verification of the qualification level are organized in the manner prescribed by regulatory enactments. First of all, the event should be coordinated with the staff allocated for training - all employees whom the company plans to train new should agree to this by signing a thematic document. The order of training, confirmation of qualifications are usually prescribed in a collective agreement. Certain important nuances can be extracted from additional agreements and labor agreements concluded with a specific person.
How it works?
To understand how you can direct a person to study, what opportunities for improving the qualification level are available, it is necessary to refer to article 372, which is included in the general set of regulatory acts governing labor relations. The document lists what are the possible forms of staff training, what additional education you can choose to send to a person for study. The code provides a list of specialties and professions whose representatives need to be regularly upgraded. If you want to send staff to further training or training, the company representative must negotiate with state representatives - the trade union, council or other body included in the structure of the company. The negotiation process is specified in Article 372, which deals with local documents governing the work process.
In some cases, the situation is such that the employer not only has the right to organize employee training, but an obligation regulated by applicable law. All professions and jobs to which this applies are listed in federal laws and other official documents. If the position is included in the list, the person providing the person with work should regularly organize the possibility of raising the professional level, learning new things. Otherwise, a person will not be able to work in the position to which he is accepted, without violating the laws.
If a certain person has been trained, the employer's task is to organize working conditions for him in which new knowledge can be applied. Warranties must be provided following official documentation, standards, understandings, and agreements. Directing a person to a qualification assessment to an independent specialist, at the same time the employer gives guarantees, following the rules and laws of the Russian Federation.