When compiling assignments on the topic " labor law"We used material from the FIPI open data bank and collections of test tasks for preparing for the Unified State Examination. Tasks can be used when repeating the section "Law" to the textbook by A.I. Kravchenko.

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Tasks for preparing for the exam on the topic "Labor Law".

1. In what orderlegal proceedings, according to Russian law, are lawsuits considered in disputes arising from labor relations?

1) administrative 2) civil 3) criminal 4) arbitration

2. Learning that grandmotheran expensive operation is required, 16-year-old schoolboy Ivan decided to get a job as a salesman in a tobacco shop. He was satisfied with the size of the estimated wages and work schedule. But the employer refused to hire Ivan. Is the employer's actions legal? Explain your answer. nameany two features of labor regulation for workers under 18 years of age.

3.Which of the followingcases a person can apply to the court for the restoration of violated rights?

1) Citizen A. was not admitted to the institute, as she did not score the required number of points

2) Returning to work after a long illness, citizen U. saw an order on his dismissal on the notice board

3) Citizen M., whose apartment was damaged by a fire through her fault, was denied free repairs by the DEZ, citing the lack of insurance.

4) During a hurricane, citizen F.'s car was damaged by a fallen tree, but the administration of the DEZ denied him the right to compensation for material damage.

4.According to the results of the competition forthe employer refused to fill the position of assistant secretary to 50-year-old Anna Ivanovna, who is fully consistent in her professional qualities job requirements. A 19-year-old student who had no work experience and special education was hired. Anna Ivanovna considered her rights violated and went to court. Are Anna Ivanovna's claims justified? Give a reasoned answer. Under what jurisdiction will this case be considered? What procedural role will Anna Ivanovna have in the trial?

5.According to LaborAccording to the Code of the Russian Federation, an individual who has the right and opportunity to work under an employment contract is called: 1) a worker 2) a partner 3) an employer 4) an employee

6. Are the following judgments about termination correct? employment contract?

Grounds for terminating an employment contract include:

1) only A is true 2) only B is true 3) both judgments are correct 4) both judgments are wrong

7. Find in the list below the situations that are related to labor relations.

1) the mechanic was late for work 2) the teacher did not show up for class 3) the director of the theater was late for the anniversary

4) the boss was late for the meeting 5) the passenger was late for the ship 6) the secretary was late for the picnic

8. Indicate the situation in which the administration of the enterprise carried out the illegal dismissal of an employee.

1) The employee was fired due to the reorganization of the enterprise to reduce staff

2) The employee was dismissed for his systematic violation of the internal labor regulations at the enterprise

3) The employee was fired due to the expiration of the employment contract and the decision of the administration not to renew it

4) An employee who applied for a sick leave and did not go to work was fired under an article for absenteeism

9. Find the legal grounds in the list belowtermination of the employment contract and write down the numbers under which they are indicated. 1) employee initiative 2) piecework wages 3) violation of labor laws 4) change of ownership 5) economic downturn

10. The administration of the enterprise imposedrecovery of an employee who violated the labor schedule. What kind of legal liability does this example illustrate? 1) disciplinary

2) administrative 3) civil 4) criminal

11. Below is a list of features. All of them, with the exception of one, relate to the legal grounds for termination of an employment contract. Find and indicate a term that refers to another concept.

The agreement of the parties, the expiration of the term, the desire of the employee, the decline in production, changes in conditions.

12. To designate one of the parties to an employment contract, the Labor Code of the Russian Federation uses the term

1) “entrepreneur” 2. “employer” 3. “employee” 4. “individual”

13. Name and illustrate with examples any three basic rights of the employer, enshrined in the Labor Code of the Russian Federation.

14. Are the following judgments about labor relations correct?

15. Are the following judgments about the rights of an employee correct?

1) only A is true 2. only B is true 3. both judgments are correct 4. both judgments are wrong

16. Read the text below, each position of which is indicated by a specific letter.

Determine which positions of the text have

1) factual nature 2. nature of value judgments 3. nature of theoretical statements

17.B work book information about

1) state of health 2. marital status 3. awards and promotions 4. salary

18. Are the following judgments about labor relations correct?

A. Labor relations arise by decision of one of the parties.

B. When applying for any job, a probationary period of at least three months is established.

1) only A is true 2. only B is true 3. both judgments are correct 4. both judgments are wrong

19. Citizen K., the administration of the enterprise refused to provide next vacation . The citizen decided to challenge this decision. Where (to whom) should he apply for this?

1) to the notary 2. to the prosecutor's office 3. to the court 4. to the commissioner for human rights

20. Absence from work without a good reason is a violation of the law

1) criminal 2. administrative 3. civil 4. labor

21. According to Art. 63 of the Labor Code of the Russian Federation, the conclusion of an employment contract (according to general rule) allowed with persons who have reached the age

1) 16 years old 2. 18 years old 3. 21 years old 4. 14 years old

22. Name any three grounds for terminationemployment contract and give an example of each of them.

23. Are the judgments about the employment contract correct?

A. An employment contract may be concluded orally

B. The employment contract needs to be notarized

1) A is true 2) B is true 3) both judgments are correct 4) both judgments are wrong

24 . Andrey's grandfather Stepan Petrovichloves pranks. Yesterday, for example, Stepan Petrovich, on his way to work at a car dealership, asked his grandson to look for a work book, which he allegedly lost at home. What is the draw?

25. Woman with two small children, turned to the personnel department of the plant with a request to hire her, but at the same time take into account that the children need care. Indicate what type should be offered to her, taking into account her situation: a) a working day of normal duration; b) a working day of reduced duration; c) part-time work.

26. On what basis is the series formed?Changes in working conditions, refusal of the employer to take into account the opinion of the elected representative body of employees, implementation of the collective labor agreement.

27. One hour before the end of the shift 17-year-oldlocksmith removed his workplace and went to the dressing room. An elderly worker from another station who was passing by asked if he was going home early. What did the elderly worker forget about when making a remark?

28. Employment tests are not applicable to:1) Persons of retirement age

2) Persons liable for military service 3) Disabled persons 4) Employees under 18 years of age.

29. Validity disciplinary action: 1) 1 year 2) 3 years 3) 6 months 4) 2 weeks

30. When applying for a job, a document is not required:

1) passport 2) birth certificate 3) employment record 4) diploma

LABOR LAW

labor law is a set of legal norms governing relations in the field of labor activity. These rules are governed legislative acts and above all the Labor Code Russian Federation dated December 30, 2001.

According to Art. 1 of the Labor Code, the objectives of labor legislation are to establish state guarantees of labor rights and freedoms of citizens, create favorable working conditions, protect the rights and interests of workers and employers.

The main tasks of labor legislation are to create the necessary legal conditions to achieve optimal coordination of the interests of the parties labor relations, the interests of the state, as well as the legal regulation of labor relations and other relations directly related to them:

– on the organization of labor and labor management;

- employment with this employer;

– vocational training, retraining and advanced training;

– social partnership, conducting collective bargaining, concluding collective agreements and agreements;

– the participation of workers and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law;

– liability employers and workers in the world of work;

– supervision and control over compliance with labor legislation;

- permission labor disputes.

B a sic pri n c u p n t i s s o f p r u p p r a t i o n a n o n o g o r g u l l y r o v a -
n i a n i a n d o u d u s t o n o s h e .

Art. 37 of the Constitution of the Russian Federation states that labor in the Russian Federation is free. Everyone has:

– the right to freely dispose of one’s abilities for work, to choose the type of activity and profession (forced labor is prohibited in our country);

– the right to work in conditions that meet the requirements of safety and hygiene;

– the right to remuneration for work without any discrimination and not lower than that established by law minimum size wages, as well as protection against unemployment;

– the right to individual and collective labor disputes using legal methods of their resolution, including a strike;

- the right to rest, paid annual vacation;

– the right to guaranteed social security in respect of age, illness, disability;

- the right to comply labor discipline and internal regulations;

- the right to promote the development of the employee's personality (combining work with training, encouraging creative activity, etc.).

The main document on labor activity is employment history , where data about work, information about incentives and awards are entered.

The employer and employee conclude labor contract in which the employee undertakes to perform certain work by specialty (position) and internal regulations, and the employer undertakes to pay in a timely manner wages and create the necessary conditions labor. An employment contract (agreement) is concluded in writing for a fixed period (up to 5 years) or indefinitely.

Art. 69 and 70 of the Labor Code of the Russian Federation regulate the procedure for medical examination when concluding an employment contract (agreement), as well as the procedure for testing when hiring.

An employment contract (contract) may be terminated as a result of an agreement between the parties, in connection with the death of an employee, the expiration of the employment contract, the entry into force of a court sentence by which the employee was convicted, conscription for military service, as well as termination of the employment contract at the initiative of the administration in the following cases:

- in connection with the liquidation of the enterprise, reduction in the number or staff of employees;

- for walking without good reasons;

- for not showing up for work for four months due to temporary disability;

- due to inconsistency with the position held, or for health reasons, or due to insufficient qualifications;

- for systematic non-compliance job duties;

- for appearing at work drunk, in a state of narcotic or toxic intoxication;

- in connection with the commission of theft at work.

Labor Code also regulates the peculiarities of the work of certain categories of workers (minors, women, etc.).

Thus, every citizen of Russia has the right to work. This means that you can freely choose your profession, place of work.

In labor relations, everyone is equal: both the employee and the employer. The law regulates their behavior and protects the rights of workers. If a citizen believes that his rights have been violated, you can apply to the court for their protection.

CHECK YOURSELF

Exercise 1

Answer the questions:

 What is an employment contract, what does it include?

 Which code governs labor relations? give it brief description.

 Which code governs legal relations in family law? Describe it.

 Why is taking care of children not only a right, but also an obligation of parents?

 What obligations, according to the law and the Constitution of the Russian Federation, do children have in relation to their parents?

 How is the right of children to education implemented according to the Constitution of the Russian Federation?

 What is legal capacity?

 What is capacity?

 What are the age restrictions on the legal capacity and legal capacity of a citizen?

 What legal relations are regulated by labor law?

 What legislation governs labor law?

 Which person is unemployed in terms of the law that defines this status?

 Why do you need a work book?

 What is an employment contract? What should be taken into account when concluding an employment contract?

 What are the objectives of labor law?

 What are the main principles legal regulation labor relations?

 For what reasons can an employment contract (agreement) be terminated or terminated?

 In what cases can an employee be dismissed at the initiative of the administration?

 What normative materials, legislative acts regulate relations in the field of family law?

 What is marriage in terms of the Family Code?

 What are the principles of legal regulation of family relations?

Task 2

Think about it:

If you decide to work during the holidays, where do you go? What documents will you prepare for employment?

What conditions must be met when hiring students general education schools?

Should a citizen, for the first time job seeker and without a profession, submit the following documents to the employment service:

a) passport;

b) work book;

c) certificate of average earnings for the last two months at the last place of work;

d) document on education;

e) health certificate.

Do you agree with this list of documents? Make your own adjustments if necessary.

Which of the following persons is not subject to a probationary period for employment?

a) Valentin is 17 years old;

b) librarian Elena Semyonovna with higher education and five years of work experience;

c) Sergei, demobilized from the army.

Task 3

Solve problems:

1. For violation of discipline in a public place, a group of young people aged 17-18 was brought to administrative responsibility. At a meeting of the administrative commission, it was found that none of them was working or studying. One of the members of the commission proposed to include in the decision of the commission a requirement obliging them to go to work or study within two to three weeks, otherwise they would be forced to work.

Is it legal to demand that people be forced to work?

Among them were:

- age - not older than 30-40 years;

- gender - male;

- higher education;

- nationality Russian;

- does not belong to any party.

Are the conditions put forward by the association legal? Justify your answer.

3. My friend got a job as a courier for a publishing house. He boasted that now he has a work book, and was happy. However, when we next met, my friend was sad. It turned out that he quit his previous job, and when he went to get a new one, he discovered that he had lost his work book. I told him that I knew how to solve his problem.

What did I say to a friend?

4. Two days before the expiration of the dismissal notice, Panfilov came to the personnel department and asked that his application be considered invalid, since he had changed his mind about quitting. The head of the personnel department replied that the dismissal order had already been signed, so Panfilov could pick up the work book in a day and receive the final payment.

Are the actions of the head of the personnel department correct?

5. Comment on the situation:

Andrey's grandfather Stepan Petrovich loves practical jokes. Yesterday, for example, Stepan Petrovich, on his way to work at a car dealership, asked his grandson to look for his work book, which he allegedly lost at home.

What is the draw?

labor law- a branch of Russian law that regulates the labor relations of employees with the employer arising on the basis of an employment contract, as well as other relations closely related to them in the field of employment of employees.

The sources of labor law are:

1) the Constitution of the Russian Federation, which establishes the basic labor rights of citizens and guarantees for their implementation;

2) federal laws, the most important of which is the Labor Code of the Russian Federation, adopted in 2001;

3) laws of subjects of the Russian Federation;

4) by-laws (decrees of the President of the Russian Federation, resolutions of the Government, instructions and explanations of the Ministry of Labor and social development and etc.);

5) contractual acts (general, regional, intersectoral, sectoral, tariff, territorial agreements concluded by representatives of employees and employers with the participation (in some cases) of the competent state bodies).

Collective agreements play an important role in regulating labor relations at specific enterprises. Collective agreement- this is a legal act regulating social and labor relations in an organization and concluded by employees and the employer represented by their representatives. Collective agreements are among the local normative legal acts. The parties to the collective agreement are the employees of the organization represented by their representatives (as a rule, an elected trade union body) and the employer (the head of the organization or another authorized person acts on his behalf). The collective agreement may contain mutual obligations of the parties on a number of issues (for example, determining the form, system, wages, working hours and rest periods, etc.). The collective agreement may establish more preferential labor and social conditions for employees compared to labor law(For example, additional holidays, reimbursement of transportation costs, etc.);

Collective agreements are concluded for a period not exceeding 3 years. The action of the collective agreement applies to all employees of this organization and is preserved in the event of termination of the employment contract with the head of the organization. When changing the form of ownership of the organization collective agreement remains valid for 3 months from the date of transfer of ownership.

One of the types of social legal relations in the sphere of labor is labor relations. They develop in the labor market between the employee and the employer. Included in labor collective organization, the employee undertakes to perform a certain kind of work with subordination to the established internal work schedule and the employer provides him with work in accordance with the specialty, qualification, position of the employee, pays for his work and creates favorable conditions for health. Thus, the subjects of labor relations are employees ( individuals those wishing to exercise their labor rights and go to work) and employers (organizations and individual entrepreneurs).

The basis of the emergence and existence in time employment relationship is an employment contract.

Labor contract- is an agreement between an employer and an employee whereby the employer undertakes to provide the employee with work for a specified period of time. labor function, to ensure the working conditions provided for by laws and other normative legal acts on labor, in a timely manner and in full size pay the employee a salary, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force in the organization.

The content of the employment contract includes two groups of conditions on which an agreement has been reached between the parties. The first group includes the essential conditions that are necessarily contained in any employment contract. These include: determining the place and date of commencement of work, the rights and obligations of the employee and the employer, the name of the position, specialty, profession, indicating the qualifications or specific labor function of the employee, characteristics of working conditions, work and rest conditions, wage conditions, types and conditions of social insurance. Optional terms of an employment contract may include provisions on a probationary period when hiring, on non-disclosure of legally protected secrets, etc.

Employment contracts can be concluded

a) for an indefinite period (termless contracts);

b) for a fixed period of not more than 5 years (term contracts).

When hiring, the employer has the right to demand from the employee:

Identification document (passport);

work book;

Insurance certificate of state pension insurance;

Documentation military registration(for those liable for military service);

Diploma or certificate of appropriate education (if the work requires special knowledge).

The employment contract is concluded in writing (two copies) and signed by the parties. Employment is formalized by order, which, however, cannot replace the contract. The conclusion and written execution of an employment contract may not coincide in time. An employment contract is considered concluded from the moment of actual commencement of work. In some cases, when applying for a job, it is mandatory medical checkup employee (at enterprises with harmful or difficult working conditions, in organizations Catering and etc.).

If the employer has doubts about the business qualities of the hired employee, by mutual agreement of the parties, a probationary period (no more than 3 months) may be established. If the result of the test is unsatisfactory, the employer may dismiss the employee without the consent of trade union body and no severance pay. Probation cannot be installed:

For persons applying for work on a competition to fill the relevant position;

For pregnant women;

For persons under the age of 18;

For people who have graduated educational institutions primary, secondary and higher vocational education and for the first time coming to work in the received specialty;

For persons invited to work in the order of transfer from another employer as agreed between employers;

For persons elected to elective office. Grounds for terminating an employment contract

(contract) are:

1) agreement of the parties;

2) expiration of the employment contract;

3) termination of the employment contract at the initiative of the employee;

4) termination of the employment contract at the initiative of the employer;

5) transfer of an employee at his request or with his consent to work for another employer or transfer to an elective position;

6) the employee's refusal to continue work in connection with a change in the owner of the organization's property, a change in the organization's jurisdiction or its reorganization;

7) refusal of the employee to continue work in connection with a change essential conditions employment contract;

8) the employee's refusal to be transferred to another job due to the state of health in accordance with a medical report;

9) refusal of the employee to transfer in connection with the relocation of the employer to another locality;

10) circumstances beyond the control of the parties (conscription of an employee for military service, conviction of an employee to a punishment that precludes the continuation of the previous work, in accordance with a court verdict, etc.)

11) violation of the rules for concluding an employment contract established by law, if this violation excludes the possibility of continuing work.

The employee has the right to terminate the employment contract by notifying the employer in writing 2 weeks in advance.

The Labor Code regulates in detail the termination of an employment contract at the initiative of the employer. This is possible in the following cases:

1) liquidation of the organization or termination of the activity of the employer - an individual

2) reduction in the number or staff of employees of the organization;

3) non-compliance of the employee with the position held or the work performed due to insufficient qualifications or health status;

4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee (absenteeism, absence from the workplace without good reason for more than 4 hours in a row during the working day), appearing at work in a state of intoxication, disclosure of a legally protected secret that became known to the employee in connection with the performance of his labor duties committing theft at the place of work, established by a court verdict that has entered into force, violation by the employee of labor protection requirements, which entailed grave consequences);

7) the commission of guilty actions by an employee directly serving monetary or other valuables, if these actions give grounds for the loss of confidence in him on the part of the employer);

8) committing an immoral offense by an employee performing educational functions;

9) adoption of an unreasonable decision by the leaders of the organization, which caused damage to the organization;

10) a single gross violation by the head of the organization, his deputies of their labor duties;

11) submission by the employee to the employer of sub-south documents or knowingly false information when concluding an employment contract, etc.

Termination of an employment contract at the initiative of the employer with pregnant women is not allowed (except in cases of liquidation of the organization). The employer's opportunities are limited when dismissing women with children under 3 years old, and single mothers raising a child under the age of 14 years. When terminating an employment contract with a minor employee (except in the event of liquidation of the organization), the consent of the relevant state inspection Labor and Commission on juvenile affairs and protection of their rights. It is impossible to dismiss an employee during the period of his temporary incapacity for work and while on vacation.

The dismissal of an employee is carried out by issuing an order, which must indicate the grounds for terminating the employment contract. On the day of dismissal, the administration is obliged to make a full settlement with the employee and issue him a work book.