Rights and duties of the employee: requirements and features

Job search is a complex process with the presence of fundamental points that need to be closely studied. The official duties of the employee, the size of the salary and bonuses, the work schedule are the main aspects that you must pay attention to when looking for vacancies. You must also remember that the reputation of the company is an extremely important point, which is actually a direct indicator of the current level of corporate culture. Managers and managers of a company that values ​​its own reputation pay particular attention to the formula “employer - employee”. They can correctly indicate to the candidate the principles inherent in the position, and always know about the rights of the worker.

The formation of an employment relationship, like any other contractual one, involves assuming a number of official duties, in exchange for which the other party provides certain guaranteed rights. As a result, the rights of one party in almost everything determine obligations in relation to the other.

Consider what leading rights and obligations can be declared in relation to the employee in accordance with the current legislation of the Russian Federation.

Features of labor relations between employees and the employer

These features include:

• the subjects are both the employee himself and the company manager;
• the system of legal relations in labor legislation has a difficult content (a complex set of rights and obligations of its subjects);
• unity of the labor law system;
• the totality of relationships in labor legislation is long-lasting.

Worker rights - what is it?

Any employee has strictly defined rights in the performance of official duties, for the violation of which the employer may be punished. The basic rights of an employee include the following points:

• the right to exercise a free choice of profession (except for those for which there are contraindications);
• the right to equal pay for the same work;
• right to fair remuneration;
• the right to dismiss;
• safety;
• the right to create organizations (for example, trade unions that seek to represent workers and fight for compliance with the above points).

In addition, there is a strict prohibition of discrimination on the basis of gender, age, race, religion and nationality, disability, sexual orientation, political opinion or ethnicity. An employee has the right to upgrade his qualifications.

At the time of signing the employment contract, the employee acquires the rights defined by the Labor Code.

Employee Responsibilities - What is it?

In addition to rights, the employee must also remember that he has certain responsibilities. Lack of employee performance may have some consequences. They include property and non-property fines (warning or reprimand) and disciplinary dismissals. The main duties of the employee are as follows:

• conscientious performance of the duties specified in the labor contract;
• observance of working hours;
• compliance with safety standards and regulations;
• concern for the good of the enterprise;
• non-disclosure of information.

And the Labor Code?

Performance of official duties is an obligatory element of labor activity.

Modern Labor Code of the Russian Federation in Art. 21 and 22 clearly sets the goals and objectives of the relationship between the parties to the employment contract.The law provides a complete open list of the specific rights and obligations of each party to the labor agreement, which can be supplemented within the framework of labor contracts if these amendments in no way contradict the current legislation of Russia.

Such a legislative position significantly simplifies the practice of ensuring labor protection: in the event of labor disputes related to these issues, it is possible to clarify the problem precisely according to the law, since all the main official duties of the parties are presented in the text of the law.

Rights and obligations in accordance with the Labor Code

One of the rights of workers, which is defined in the Labor Code of the Russian Federation, is the right to leave. Article 115 of the Labor Code of the Russian Federation states that the duration of a vacation for an employee is at least 28 calendar days per year.

The employee also has the right to special leave, which is associated with special situations (death of a family member or marriage). The employee has the right to special benefits in case of impossibility to work. This is usually associated with an occupational disease, an accident on the way to work. However, in the event of a possible illness situation, the employer is obliged to notify the relevant departments of this fact.

The employee is obliged to follow the established safety rules in the company. If the working conditions do not comply with the basic safety rules, the employee may refuse to perform his official duties. If an employee evades fulfilling his duties, the employer may give him a warning or reprimand with an entry in his personal file. In exceptional cases, disciplinary dismissal may occur without notice. The employee has the right to appeal this decision in court.

Ensuring employee rights

Opportunities for providing directly follow from the obligations of employers prescribed by labor regulatory legal acts. An employee who assumes responsibility for entering into an employment contract with the employer can hope to ensure his rights.

One of the main tasks of employment for an employee is financial security. It is obliged to be provided completely on time, depending on qualifications, the difficulty of the work performed, and its quantity.

The employee must also have time to rest from work: in the form of a lunch break, weekends and holidays, annual leave. The employer must provide the staff with the required information on production and work processes upon request, information on working conditions and compliance with safety standards.

In order to protect his own interests, an employee can become a member of all professional associations, unions, companies. The employee also has the opportunity to exercise the right to participate in the management of the organization, which was provided for by the Labor Code of the Russian Federation and other legislative acts. If a personal or group conflict arises that is related to labor conflicts, it must be resolved by the methods established in the Labor Code of the Russian Federation. All employees must be provided with indispensable social insurance. The employer does not have the right to reduce the list of personnel rights, but additional ones may be concluded. agreement (under the signature of the employee) to amend certain conditions.

Extra options

Basic duties and rights in no way preclude the possible occurrence of additional ones. In Art. 12 of the Labor Code of the Russian Federation, similar powers of both parties are declared. Those or other duties that are assigned to the employee in addition to the main ones should be recorded in special documents. The introduction of additional obligations unilaterally in excess of the list established previously is not allowed.

In the same way, the list of rights can be expanded: additional rights of employees are reflected in the local regulations of the company itself.Their acceptance for mutual execution must be confirmed by the signatures of both parties.

Examples of some posts

All categories of employees and positions, ranging from a cleaner to the head of an enterprise, have responsibilities.

An example of the rights and obligations of an office cleaner in the table below.

An example of the rights and duties of a civil servant is presented in the table below.

Conclusion

The essence of labor relations, developed in the science of labor law and later deepened by the legislator, combines into a single system the fact that the object of regulation includes labor, the conditions of its payment, as well as the obligations of the employer (individual or legal entity, organization) who is able to pay for the employee’s work and create to provide the necessary working conditions.