Every day, people hear the concept of "labor relations". What does it mean? Who are the parties to the employment relationship? What rights and obligations are given to their participants? We will consider all this further.
Labor relations: concept
The concept of labor relations is enshrined in the content of labor legislation, the main source of which in the Russian Federation is the Labor Code of the Russian Federation. Its content indicates that labor relations refer to all those that are based on an agreement between the parties, which is based on the employee's performance of previously agreed labor functions in a certain amount and form for a certain salary, expressed in cash or another equivalent.
The legislator also notes that labor relations may arise on the basis of the employee’s actual admission to the performance of duties, even without an agreement. The only condition for this is the knowledge of the employer about this fact.
Concept of parties
It should be noted that on the basis of current legislation, the parties to the labor relationship are the employer and employee. Here you also need to pay attention to the fact that only a person always acts as an employee. As for the employer, it can be both a person and a legal entity. In order for the parties to be parties to the same labor agreement, an agreement signed between them regarding the fulfillment of certain duties for a specific fee must be available. This definition of the concept is presented in Art. 20 Labor Code of the Russian Federation. It also states that the employer can be represented in the form of any other person who is vested with this right, enshrined in the charter of an organization, institution or enterprise of any form of ownership.
Worker
As noted above, one of the parties to the employment relationship is the employee. On the basis of the provisions contained in the Labor Code, an employee can be any person who has signs of a physical person. Moreover, this subject must necessarily be endowed with legal personality, which combines the concepts of legal capacity and legal capacity.
Legal personality is a concept that is characteristic of entities participating in those relationships where they need to exercise their duties and rights in person, which is precisely what is observed in labor law.
A person participating in labor relations must necessarily be endowed with special legal capacity. As a general rule, it arises from the age of 16 (Article 20 of the Labor Code of the Russian Federation), but there is some exception to it. In particular, it applies to persons who have reached the age of 15 and have already managed to get a general education or continue the program of its acquisition in a different form than full-time. Subjects staying in the indicated age category may enter into labor relations only if the performance of duties does not include staying in an environment of harmful working conditions.
Parties to the employment relationship are also persons who are over 14 years old. They, on the basis of the written consent of the legal guardians or parents, have the right to perform simple work in conditions that are harmless to health.Moreover, work activities can be performed only during a time free from the educational process.
An employee is a party to labor relations, which from the moment of entering into them is endowed with a certain legal personality. This concept includes the presence of statutory duties and rights, as well as some guarantees of subjective rights, which can be special and general.
Restriction of labor legal capacity
Based on the provisions of the Constitution of the Russian Federation, in certain cases a person may be deprived or limited in legal capacity to work. In labor law, this phenomenon is possible not only by court order, but also on the basis of medical or age indicators.
Such a restriction may be established in a regulatory manner. It can be set as an age limit. A striking example of such a restriction is the case when a judge occupies the position - this is impossible for people staying in the age category under 25 years old. Also one of the examples of this type of restriction is the inability to be on the post of rector of a university for people over 65 years of age.
The restriction of legal capacity can also be established in court in relation to persons who, for whatever reason, can no longer hold certain positions for a certain period.
Employee Rights
The rights and obligations of the parties to labor relations, their guarantees are provided for by the content of the Labor Code of the Russian Federation and, to some extent, by the Constitution of the Russian Federation. These regulations indicate that the basic rights of employees include remuneration, as well as rest and the availability of safe conditions for carrying out their activities.
In accordance with the provisions presented in the Labor Code of the Russian Federation, any employee has the right to amend the previously concluded contract, as well as to terminate it at his own request.
Any work entrusted to an employee must comply with the conditions prescribed in the labor contract concluded with him. Otherwise, an individual has the right not to perform the actions required of him outside the established framework.
Based on the current legislation, any employee of the enterprise has the right to safe work. This means that his workplace must fully comply with all existing standards, if any, and be safe. Moreover, the employee must know reliable information about the state of his workplace and how the employees are protected at the enterprise.
In between work, the employee has the right to legal rest. The Labor Code of the Russian Federation provides for several leisure options that are provided to absolutely everyone, without exception: daily breaks for eating, vacation, weekends, holidays.
An employee of any organization has the right to receive payment for his work. It can be expressed both in cash and in any other form previously agreed upon. Payment should be made at the agreed time, without delay, as well as in full accordance with the qualifications that the employee has, his employment and existing experience.
The rights of workers also include participation in the life of the enterprise, as well as in trade union organizations created within its framework. Moreover, he has the right to strike, as well as the resolution of collective and labor disputes, if any.
Employee Responsibilities
Current legislation provides for a rather large list of workers' rights compared to its duties. These include, above all, the proper execution of work, in full. An employee of any enterprise must strictly adhere to the established requirements for observing the safety of work at the enterprise, as well as fully and strictly observe labor discipline.In the event that an employee discovers a situation that is dangerous both for his life and health, as well as for other people, he must immediately inform the labor safety inspector at the workplace or management.
The duties of any employee include respect for the tools of labor, as well as the property of other employees.
Employer
In any employment relationship, the employer acts as a second party. In his role, there can be both an individual and a legal entity of any form of ownership and management, which is explained by the equality of all employees and employers before labor legislation.
As for the basic requirements put forward to the employer, he must certainly possess the characteristics of a legal entity, even if it is a separate individual. A person who has the features of a legal entity is considered to be created when it has been entered in the Unified Register created at the state level.
It should be noted that in the contract concluded between the parties to the legal relationship under consideration, an employer may indicate a certain person who is authorized to that organization or enterprise. This person may be represented in collegial form.
As for employers, which are persons who have physical signs, they can be endowed with a certain status: an individual entrepreneur or a person who has reached civil capacity. To carry out hired labor can also persons who have a license to conduct a certain type of activity. These include private health professionals, lawyers, notaries, etc.
Employer Rights
Like the employee, the employer, being a participant in labor relations, has a certain range of rights. These include the ability to conclude and terminate employment contracts with employees, as well as change their conditions at their discretion, coordinating each item with the other side of the relationship.
The Labor Code of the Russian Federation gives the employer the right to collective bargaining and conclude collective bargaining agreements. Moreover, he has the right to adopt normative acts that have a local principle of action.
The employer may reward employees with additional payments, rewarding them in such a way for conscientious and responsible work, and also bring them to disciplinary responsibility in case of non-observance of labor discipline or improper performance of their duties. Also, the employer is endowed with the opportunity to demand from the employees a high-quality performance of their work.
Employer Responsibilities
Special attention should be paid to the fact that in the employment relationship between the employee and the employer the other party has a certain set of responsibilities. These include full and rigorous compliance with the requirements established by Russian labor legislation, as well as related regulatory acts, as well as the obligation to provide normal, safe working conditions. The payment of wages in the agreed amount is also one of the main responsibilities of this party in labor relations. Moreover, the previously agreed salary should be fully proportional to the contribution made by the employee, as well as the complexity of the work.
All interests of the parties to the employment relationship are protected by the provisions presented in labor regulations. In order to ensure that they are not violated, the employer must strictly adhere to the provisions specified in them, as well as comply with them on time. Moreover, the employer must strictly comply with the requirements issued by executive authorities at both the federal and local levels.
The employer should regularly review submissions submitted by trade union organizations, as well as labor protection committees at the enterprise. They may reflect information regarding the presence of obvious violations of labor law and other important information. If violations are discovered, the head of the enterprise or a person authorized by him must take measures to eliminate them, as well as stabilize the violated situation.
As stated in the provisions of labor law, in labor relations and throughout the entire activity of any employee his interests must be fully respected. Based on this requirement, the employer is obliged to create conditions in which his household needs, necessary for the performance of assigned labor duties, will be satisfied. The main responsibilities of the employer include the creation of such conditions under which the employee of the enterprise or organization will be able to take an active part in its public life, as well as in managing the structure.
The employer must provide insurance for each employed person, and also, if necessary, fully compensate moral damage.
Who can act as an employer? The legislator determines that it can be both an individual and a legal entity. A more detailed definition of this concept is presented above, as well as in Art. 20 Labor Code of the Russian Federation. It states that the person who is endowed with the right to conclude contracts can also act as an employer.
Conclusion of an agreement
Any labor contract can be concluded only when each of the parties fully agrees with all its terms. This action is possible only with those persons who legally have the right to become subjects of relations in the field of labor law.
In the process of hiring, the employee must submit a certain package of documents, which must include: passport, diplomas and certificates of acquired skills, as well as a work book. In the event that a man acts as an employee, he must present a military ID.
After all the conditions of the contract have been agreed, its form must be signed with the full details of the parties to the employment relationship. From the moment of signing, the contract is considered concluded, and the employee is accepted.
Termination of an agreement
Having considered the concept of labor relations, the grounds for the emergence and the parties that may take part in them, one should determine in what conditions the previously concluded contract can be terminated. Practice shows that the legislator divides all possible conditions into two groups: those that arise on the initiative of the employee, and also on the initiative of the head of the organization, institution or enterprise. It should be noted that the employer has a fairly wide range of rights to dismiss the employee on his own initiative, if there are certain reasons prescribed by law. The legislator also provides for the possibility of termination of employment by agreement of the parties - as practice shows, this is the most common reason.
An employment contract may be terminated if the period for which the agreement was concluded has expired. In such a situation, it can be re-signed with the same employee, but the previous contract will expire.
In the event that the employee was transferred to another position at the same enterprise, the previously concluded contract shall cease to be valid and a new agreement will be concluded with the person, which will prescribe other conditions specifying a different position.If it happens that an enterprise for some reason moves from one place to another (usually to another city, country or district), and an employee holding a certain position in his state refuses to change his place of residence on this basis, then in this situation, the contract must also be terminated.
An employment contract terminates if, for any reason, the person with whom he was entered into is not able to continue to fulfill his labor duties. An example of such a situation is the entry into force of a guilty verdict against an employee, under the terms of which he needs to serve his sentence in prison.