None of the employers can be insured against conflicts with their employees. After all, claims can appear both from working employees and previously dismissed ones. It's great if situations like this sort themselves out, but what if they don't?

In this article you will read:

• How the protection of workers' rights is explained in terms of legislation
• What are the forms and methods of protecting their rights among employees
• What are unions for?
• Who controls and protects the rights of workers at the state level
• How can an employee defend their rights in court?
• What Mistakes Should an Employer Avoid?

One of the foundations Labor Code RF is protection of workers' rights. Our legislation provides for various options for protecting the rights of workers, which will be discussed further.

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How the protection of workers' rights is regulated by law

According to ILO conventions, in the process labor relations it is the workers who are most vulnerable. Protection of the rights of workers from employers is supported by the state.

The article of the Constitution of the Russian Federation No. 37 is called upon to protect their rights, which provides for the possibility of holding labor disputes individually or on a collective basis, using methods not prohibited by law, including strikes.

The best traditions of the Labor Code are supported by section 13 of the Labor Code, which contains comprehensive information on protection labor rights workers.

The concept of protecting the labor rights of workers has 2 aspects:

Protection of labor rights of workers in the narrow sense - is designed to help observe, protect and protect labor rights of workers from violations, restore them in case of illegal violation, and also impose real responsibility on employers (their representatives) for non-compliance with labor laws. All this is reflected in section 13 of the Labor Code of the Russian Federation.

In a broad sense, under the protection of the labor rights of workers, it is necessary to understand the implementation of the protective function of labor law, reflected in the function of state protection. The broad meaning of this concept includes its definition in a narrow aspect. In addition, it reflects the following main ways to protect the labor rights of an employee:

1) Based on the relevant legislative framework at the federal level, securing a high level working conditions and guarantees of the main labor rights of employees, in conjunction with their addition, improvement and development based on labor law regions, as well as their reflection in labor agreements and collective agreements.

2) Irreducible development of democracy in production, with the participation of the employee himself or his representatives, such as trade unions, etc. This will allow employees to take a direct part in the drafting of the Internal Rules work schedule and to insist on the obligatory conclusion of collective agreements at the enterprise, not relying only on the decision of the employer.

3) Extensive propaganda of labor laws among workers through the media, various lectures, etc. The study of its basic principles by employers (their representatives represented by administrations) in the process of demonstrating methods of effective protection against violations of labor rights. Providing training to employees on the culture of fighting for their rights.

Labor disputes and protection of workers' rights are considered and provided by jurisdictional bodies, including in courts.

According to legislative norms, three groups are defined, including special means and the main ways to protect the rights of workers:

The first group allows you to agree (certify) the protected labor right or lead to the end (changes) of the labor obligation.

The second group includes means and methods for protecting the rights of an employee, which help to prevent / suppress a labor offense.

The third group represents the means and methods of protecting the labor rights of employees, helping to restore violated rights and (or) compensate for the costs incurred due to violation of a subjective labor right.

The form of protection of labor rights of workers reflects the differences between the subjects of protection of labor rights of workers. This protection can be organized independently by the person whose rights have been violated, or specialized. In accordance with this, there are jurisdictional and non-jurisdictional forms of protection of the labor rights of workers.

The jurisdictional form means that an employee whose labor rights have been threatened or violated resorts to the help of authorized bodies that take certain measures within the framework of the law to protect labor rights. According to this form, the protection of labor rights of workers is judicial, administrative and public.

The non-jurisdictional form includes the independent protection by the employee of his labor rights (or his authorized representative).

The scope of this form of protection of workers' rights includes self-defence by workers of their rights and the human rights activities of trade unions and similar organizations.

Article 352 of the Labor Code of the Russian Federation defines the following ways to protect labor rights and freedoms:

• protection by employees of their labor rights on an independent basis;
• trade union protection of the rights and interests of workers;
• state supervision and control over the implementation of labor legislation, as well as other regulatory legal acts;
• judicial protection of labor rights of an employee.

Trade unions in small and medium-sized businesses are a rarity

Mikhail Tarasenko, Chairman of the Mining and Metallurgical Trade Union of Russia, Moscow.

Trade unions are a natural component of any democratic state. They are designed to solve the problems of protecting the rights of the worker. But in small and medium-sized businesses (including manufacturing), trade unions are still rare, especially in new, small firms (unlike large companies, for example, metallurgical, where more than 80% of employees are in trade unions).

Basically, trade unions cooperate with the employer or his representatives in the form of social partnerships. It is easier to negotiate with the owner of the enterprise when he is its actual head. Difficulties arise with a vertically integrated business structure.

Often, in unstable market conditions, employers deliberately "underestimate" their capabilities during negotiations. In such cases, we present economic arguments (based on the study of the real economy) and apply our right to collective disputes on issues of labor organization. So far, the matter has not come to real strikes, but the prerequisites have been repeatedly. We managed to negotiate with employers: VIZ-Stal LLC, Evrazholding Trading House, Mechel Group, Rusal.

How is the protection of the rights of workers by trade union organizations

Federal Law on Trade Unions No. 10 of 12.01.1996 states: they have the right to monitor the observance of labor rights by employers at enterprises where members of this trade union work, insist on avoiding violations on the following issues:

• employment contracts;
• time for work and rest;
• wages;
• guarantees, various benefits and compensations;
• other social and labor issues.

The protection of the rights of workers by trade unions also assumes that the employer (official), upon receipt of a demand from the trade union regarding the elimination of certain violations, is obliged to notify the trade union committee of the work done and the implementation of specific measures within 7 days. This is provided for by Article 370 of the Labor Code of the Russian Federation.

In order to ensure the most effective protection of the labor rights of workers by trade unions, the latter (as well as their associations on the territory of the Russian Federation) can organize their own labor inspectorates and give them appropriate powers.

Trade union labor inspectors have the right to:

• to monitor the implementation of laws (on labor, trade unions) and the conditions contained in collective agreements, visit organizations of various forms of ownership and individual employers where members of trade unions (their associations) work without any problems;
• carry out an independent examination of the safety of working conditions for employees;
• help to investigate accidents at work, occupational diseases;
• be informed by the management of enterprises (other officials, IP) about current situation on labor protection and accidents that occurred during the production process, occupational diseases;
• to contribute to the fact that the protection of the labor rights of employees of employers allows, without any special problems, to resolve issues of compensation for damage caused to the health of the injured party in the process of work;
• require employers to stop the work process when there is a real threat to the life and health of employees of the enterprise;
• provide employers with documentation with a request to eliminate identified violations of labor laws;
• act as independent expert members of the commission that conducts testing and commissioning of labor tools.

Pay attention!According to Art. 377 of the Labor Code of the Russian Federation, the employer must ensure acceptable conditions for the work of the trade union at the enterprise, namely: allocate a special type of premises for holding meetings and safekeeping documents, allow posting information in any places convenient for employees.

What problems does the union help solve?

Both the trade union and the employer are interested in the success of the organization (its stable profitable work). The protection of the rights and interests of the employee and the employer by trade unions occurs as follows:

1. The protection of the labor rights of employees by trade unions guarantees the protection of the workplace, payment for work performed and benefits (under a collective agreement) for the company's personnel. It is the trade union that acts as the main drafter of the collective agreement, and the employer simply edits it, removing obviously impossible articles.
2. For employers, the trade union is beneficial in that it does not allow a stop production process due to strikes and various protest actions of workers. Also, trade unions help employers to rally the team, take control over the discipline of the labor process, conduct sports and corporate events recreation. It is worth noting that the trade unions cover the bulk of the costs associated with the above activities (this budget is formed by the trade union membership dues of the employees of the enterprise).
3. Due to the fact that trade unions are obliged to monitor the implementation of labor laws in the enterprise, the employer can benefit from this. So, every day, instead of a full-time labor protection specialist, inspectors specially trained by the trade union can conduct inspections of the workplaces of employees.
4. It is very difficult for the CEO to fully control the actions of the administration. Often the law on the protection of workers' rights is violated at the level of a shop or a separate team. In such cases, trade unions help to resolve the issues that have arisen with violations on the ground, without recourse to the courts. For example, if some order affected an employee, then the protection of the employee's rights by trade unions often occurs and is ensured in the course of a normal conversation with the author of the order. In the event of the appearance of significant contradictions, the commission on labor disputes (special commission for the protection of workers' rights) is called upon to resolve them.

Trade unions today do not fulfill their main function

Oleg Popov, LLC "Cable company" Askold ", St. Petersburg, CEO:

Protection of the rights and legitimate interests of workers from the arbitrariness of employers (as the main function of trade unions) is not being fulfilled today. This can be seen especially often in large enterprises. The very fact of the existence of trade unions in organizations looks false when the latter do not stop the occurrence of violations of the legitimate rights of workers. And serious problems can be solved through the court.

Today everyone can decide for themselves what goods or products they need. Therefore, I do not understand why trade unions are still needed, especially small firms(like ours). All issues related to personnel, I decide myself, we do not have a trade union. My trade union experience was useful to me. We don't need a union to resolve disputes that have arisen. And for serious disagreements there is a court.

State control and state protection of labor rights of employees

There are preliminary, current, as well as subsequent supervision and control. The latter is a function of the court and the prosecutor's office if violations of the Labor Code and labor protection rules were revealed.

Labor supervision and control is carried out by the following bodies for the protection of workers' rights:

• Independent and state authorized bodies and inspections.
• Local self-government bodies.
• Ministries and departments (carry out internal control at the enterprises they supervise).
• The Prosecutor General's Office of the Russian Federation as a whole and its subordinate structures (provide supreme supervision over the precise implementation of labor legislation in the RA, article 253 of the Labor Code).

The Constitutional Court of the Russian Federation considers not only violations of labor law, but also its establishment (for example, as was the case with the illegality of limiting payments for forced absenteeism under Article 213 of the Labor Code), since. it is the supreme judicial body of constitutional review.

Federal state supervision over the implementation by employers of labor laws, regulations, which contain labor law norms, is carried out by Rostrud, as well as its local authorities. This Regulation on federal state supervision is fixed by Decree No. 875 of the Government of the Russian Federation of 09/01/2012.

The main tasks of the Federal Labor Inspectorate are:

• organizing the protection of the rights of workers and their freedoms, including the right to safe working conditions;
• enforcement of labor legislation by employers;
• informing the management of the company and its employees about effective means and methods to help adhere to the principles of labor law;
• presentation to certain authorities of the cases of violations that have occurred, as well as the actions (inactions) or abuses performed in compliance with labor legislation (Article 355 of the Labor Code).

According to the Regulation, state labor supervision is carried out by state inspectors (including legal and labor protection inspectors), who have the right to:

• when demonstrating your identity, at any time, without interference, carry out checks at any type of enterprise, including individuals;
• make inquiries and receive from the administration of the company required documents, explanations and information for the performance of their functions of supervision and control;
• take samples for the purpose of analyzing the substances used or processed, informing the employer (his representative) about this and drawing up an act;
• clarify the circumstances of accidents in the production process;
• give employers and their representatives important instructions to correct violations of labor law, to restore the rights of workers, to bring the guilty party to responsibility or dismissal from work (i.e., the protection of labor rights and legitimate interests of employees is ensured);
• provide instructions to prevent from work persons who have not studied the methods of safe work and have not been instructed in labor protection issues, who have not received an internship at the workplace, as well as checking the level of knowledge regarding labor protection requirements;
• prohibit means of individual and collective protection of workers that do not meet the legislative requirements for technical regulation and labor protection;
• within the framework of its powers, record and consider cases related to offenses of an administrative nature, prepare and transfer data to the court and law enforcement agencies to bring the perpetrators to justice.

Please note! You can review the decisions of state labor inspectors with a higher manager (chief state labor inspector of the Russian Federation) and (or) through the courts. Decisions of the chief state labor inspector of the Russian Federation can only be appealed in court (Article 361 of the Labor Code of the Russian Federation).

State control is a check, the method of which is established by the approved conventions of the ILO, TC, Federal Law No. 294 of 12/26/2008. and Regulation.

Subjects of this check:

Compliance with labor laws by the employer;

Work on the implementation of instructions related to the elimination of violations identified during the audit;

Absence of violations of labor law norms, as well as protection and protection of the rights of workers.

The grounds for an unscheduled inspection are:

1. Expiring deadlines for working out instructions from the federal labor inspectorate to correct identified violations of labor law requirements.

2. Transfer to the Federal Labor Inspectorate:

Facts of violations by the administration of the TK company, including labor protection, which resulted in a threat to the life and health of employees;

Complaints of workers regarding the violation of their labor rights by the employer;

Applications for checking working conditions at the workplace of employees, in accordance with Art. 219 of the Labor Code of the Russian Federation.

3. Order of the head of the federal labor inspectorate (or his deputy) on the implementation of an unscheduled inspection, based on the instructions of the President (Government) of the Russian Federation, the prosecutor.

What penalties can be applied to the employer after verification

It is important to understand the fact that the CEO's career can be shattered if labor laws are violated. Checks are carried out on each application of citizens. If a violation was detected at the enterprise, then its first persons:

• prescriptions and submissions for mandatory execution may be issued;
• administrative fines may be issued in accordance with the articles of the Code of Administrative Offenses (Articles 5.27-5.34, 5.44);
• court decisions may be issued prohibiting the work of a particular unit, or the entire organization;
• may be subject to dismissal.

The results of the verification of violations with the indicated full name of the head and the name of the enterprise can be made public in the media or otherwise communicated to the public (through the websites of labor inspectorates and local authorities authorities, inclusion in the "black lists" of employers).

If during the year the head of the company has repeated violations of the labor rights of employees (on the same grounds), then such an official may be disqualified by the court on the basis of information provided by the labor inspectorate. The term of such disqualification is from one to 3 years, and data on disqualification are entered in the federal register of disqualified persons (Article 32.11 of the Code of Administrative Offenses). The register of Decree of the Government of the Russian Federation of 02.08.2005 No. 483 is maintained by the Ministry of Internal Affairs, while information about disqualified citizens is open. Such a person will be dismissed from a managerial position.

How is the judicial protection of the rights of the employee

In case of violation of the labor rights of an employee, he can use the state labor inspectorate, the commission on labor disputes or the court to protect his violated rights.

Judicial protection in case of violated labor rights is characterized by accessibility to each employee and high efficiency. Worker like more weak side in a labor dispute, seeks protection of his rights, taking advantage of the opportunity to apply to the court for labor disputes free of charge (he is exempted from paying state duty when filing a lawsuit with a court for violation of his labor rights), reduced terms in considering and resolving cases of reinstatement (up to 1 th month, despite the fact that the terms for consideration of civil cases in district courts are 2 months), by the immediate execution of the court decision.

Meanwhile, with such attractiveness of judicial protection of violated labor rights, for most employees of organizations, going to court is a last resort. The reasons for this: the employer dictates the conditions, there is no opportunity to find a job in small town and village. All this forces the employee to come to terms with possible restrictions on labor law in order to maintain a job or position. There are exceptions, but, most often, the employee prefers to keep the place.

constitution Russian Federation the rights of all citizens to resolve individual labor disputes by the methods established by federal laws are ensured. The state offers various possibilities for applying to the courts for protection. Constitutional articles Nos. 45 and 46 provide for general guaranteed protection of labor rights and freedoms of workers. They give everyone the right to protect their rights and freedoms by all means that are not prohibited by law, as well as guaranteed judicial protection of the rights and freedoms of citizens.

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The court deals with consideration of individual labor disputes at the request of the employee, employer or trade union, which guards the interests of the employee, when they do not agree with the decision of the commission on labor disputes, or the employee resorts to going to court bypassing this commission, as well as at the request of the prosecutor in case of violations of labor legislation or other regulations in the process of making a decision by the commission on labor disputes.

According to the civil procedural legislation of the Russian Federation, all labor disputes are considered by the district court.

As stipulated by the Labor Code, the protection of the rights of workers in the Russian Federation provides them with the right judicial appeal to resolve an individual labor dispute for a period of up to 3 months from the moment of violation of rights. In case of disputes related to dismissal, the employee has the right to go to court within 1 month from the day when he was handed a copy of the dismissal order or was given a work book. Moreover, if these deadlines are violated, good reason they can be reinstated in court. Circumstances that prevented the employee from going to court in a timely manner, such as his illness, being on a business trip, exposure to force majeure caring for a seriously ill family member.

According to general rule, consideration of a labor dispute at the request of an employee is carried out at the location legal entity as a defendant (Article 28 of the Code of Civil Procedure) or at the place of residence, if the employer is an individual.

We always try to go "to the world"

Elina Khisamutdinova, General Director of KOPI-LEADER LLC, Kazan

When joining our company, the employee must familiarize himself with his duties, which are carefully spelled out in the employment contract and job description. In labor disputes, these documents signed by him, I believe, will be decisive in court. Thus, the regulatory documents at the enterprise should be drawn up and reviewed in time by a lawyer with the participation of the company's management.

• Team building as a way of perfect personnel management

However, it is my deep conviction that any problematic issues it is desirable to decide humanly, negotiating. Especially considering the fact that in our country the laws do not work very well, on issues whose price is not so high, it is better to agree to a “worldwide” one.

Top 5 Employer Mistakes to Avoid: Protecting Workers' Rights Without Trial

Judging by the experience of state labor inspectorates, employers sometimes do not understand the changing labor legislation, continuing to make mistakes, for which they pay both in the pre-trial procedure (they receive orders and administrative fines that are imposed by officials of the state labor inspectorate, representations of the prosecutor's office1), and in court .

Protection of the labor rights and interests of workers has already been a tradition of domestic labor legislation since the Soviet era. The implementation of this mission is supervised by state bodies for the protection of the labor rights of workers: labor inspectorates, the prosecutor's office. They have the necessary tools to force employers to comply with labor law.

Let's take a look at the most common types of employers' mistakes that CEOs need to avoid.

Mistake #1. Unreasonable change in wages

The most common violation of labor law. In general, employers have the free right to determine the remuneration system, the grid official salaries, rates, allowances and bonuses, "forks" (with the exception of budget organizations and having mixed type financing - art. 135 of the Labor Code of the Russian Federation). But the problem arises that any changes in the already established system of remuneration relate to the adjustment of the essential (most important) conditions employment contract with an employee. And this requires grounds (according to the law), for example, organizational or technological ones. It is also extremely important to notify all employees in writing 2 months before the implementation of these changes (according to Article 73 of the Labor Code of the Russian Federation).

How to avoid mistakes

The personnel department needs to clearly plan the so-called transition period within 2 months before fundamental changes in the remuneration system: salary reduction, the ratio of its elements, etc. Remember that you will need good reasons for this, otherwise the labor inspector or the court will oblige you return to the original wage system and pay the employees the missing part of the salary (after the corresponding complaint of the employee).

Mistake #2. Wage discrimination

Such labor disputes are practiced relatively recently. The bottom line is that the employee has the right to demand that the employer comply with the principle of equal pay for work of the same degree of complexity, quality, quantity, qualifications (Article 3, Article 132 of the Labor Code of the Russian Federation). Also, employees began to actively file complaints about discrimination in bonuses.

How to avoid mistakes

It is within your right to determine the level of allowances and incentives in accordance with the quality of work and business characteristics individual employee. But do not forget that you may have to justify preferences in favor of a particular employee and the difference in bonuses (compared to other employees) in court. Therefore, it is important to fix the possibility of a different assessment of the results of the work of personnel in the internal acts of the enterprise (such as the Regulations on bonuses). But be sure to familiarize them with all employees of the enterprise.

Mistake #3. Non-payment and delay of wages

Over the past two years, the practice of initiating criminal cases against the first persons of companies regarding non-payment of salaries, scholarships, pensions and benefits (Article 145.1 of the Criminal Code of the Russian Federation) has become more frequent in the Russian Federation. The verdicts that have entered into force are still rare. When initiating such cases, the prosecutor's office relies on information from labor inspectorates about wage arrears. At the same time, the debt is not only the non-payment of wages for more than 2 months, but also its partial accrual. For example, night work or overtime work require a mandatory additional payment, and are related to wages (Article 129 of the Labor Code of the Russian Federation), and the absence of their accrual will be considered, respectively, a delay in wages.

In case of delays in salary payments, the first person of the company may be fined, as well as the company itself (Article 5.27 of the Code of Administrative Offenses, Article 236 of the Labor Code of the Russian Federation). In addition, according to the decision of the labor inspectorate / court, you will pay the employee for each day of delay a percentage (from next day payment date up to and including the date of actual payment).

How to avoid mistakes

Oblige your bookkeeping to clearly withstand deadlines calculation (and payment) of salary, as well as all its components. In the event that there is a delay in payments due to the fault of the organization, accrue interest for all days of delay on your own initiative, without bringing the matter to complaints from employees. After all, this way your losses will be much lower compared to the accrued fines during the audit (after complaints from workers).

Mistake #4. Illegal dismissal

After new grounds appeared in the Labor Code for terminating an employment agreement at the initiative of the employer (Article 81), some enterprises were carried away by layoffs on the following grounds:

• disclosure of secrets protected by law (often commercial)2;
• providing deliberately false information and forged documents when concluding an employment contract;
• absence required document on the education of the employee (Article 84 of the Labor Code of the Russian Federation).

Before you dismiss an employee on these grounds, you should take into account a number of pitfalls so as not to create unnecessary problems for yourself in the future.

How to avoid mistakes

1. An employee cannot be fired under Art. 81 “Termination of an employment contract at the initiative of the employer” of the Labor Code of the Russian Federation while on vacation or on sick leave (paid and unpaid).
2. Due to disclosure trade secret an employee can be fired only when this item is specified in the individual labor contract (Article 57 of the Labor Code of the Russian Federation). That is, you should clearly ensure that these requirements are included in the employment contracts of employees. You can also make a reference in the concluded agreement to a separate special agreement on non-disclosure of commercial secrets, and it can be signed by the parties at any time from the start of work.
3. For the provision by an employee of knowingly false information or false documents about himself, it is realistic to dismiss him only when these documents or information are on the list, in accordance with Art. 65 of the Labor Code (or other federal laws, presidential decrees, government decrees). The Labor Code does not provide, and sometimes even prohibits (Article 86) the filling in by employees of various questionnaires and forms on personal and family life, membership in public organizations and associations. Accordingly, it is impossible to dismiss for the unreliability of such information.

As for the reason for the dismissal of an employee in view of his lack of a document on the relevant education, then, of course, the employer has the right to put forward additional requirements for the qualifications of the employee3 and recruit people who meet these requirements. But in the case when an employee is already working, he can be fired only in accordance with legal acts (Article 84 of the Labor Code of the Russian Federation), which determine the requirement for each position to have special knowledge (which is confirmed by a document on education).

Mistake #5. Incorrect paperwork

Errors in the preparation and maintenance of primary documentation by employees of your enterprise may result in penalties for the company.

How to avoid mistakes

Make sure that your accounting and human resources department prepare all internal documentation on labor relations with employees on time and correctly draw up all primary documents. Try to avoid a situation where the signatures of employees in the payroll for the paid salary are collected every 3 months. This will save your company from unnecessary claims and inspections by regulatory authorities.

The Labor Code proposes to apply legal ways to protect the labor rights of employees both when applying for a job and during labor activity and even after retirement. Employees will receive answers to questions about where the protection of the rights of workers is ensured and where to turn to at the state labor inspectorate, the commission on labor disputes, the trade union, etc.

To solve conflict situation, the employee needs to submit an application there, which will list the rights violated by the employer. It follows from this that it is best to remove all contradictions in a peaceful way, because if the supervisory authorities confirm a violation by the employer of labor legislation, he may face not only administrative, but also criminal liability.

Information about the author and company

Mikhail Tarasenko, Chairman of the Mining and Metallurgical Trade Union of Russia, Moscow. Mining and Metallurgical Trade Union of Russia - all-Russian social organization, unites on a voluntary basis more than 1.2 million people: employees of the mining and metallurgical complex, students of industry educational institutions, former employees industry (pensioners). Primary organizations have been created in more than 600 enterprises employing from 400 to 60 thousand people. Members of the trade union are 77.8% of those working in the mining industry, ferrous and non-ferrous metallurgy, at enterprises for the extraction and processing of precious metals and stones.

Oleg Popov, General Director of LLC Cable Company Askold, St. Petersburg. Askold Cable Company LLC is the official distributor of Yuzhkabel Plant CJSC. It supplies the plant's products to the North-Western District: to the Murmansk and Arkhangelsk regions, to St. Petersburg, Novgorod, Pskov and other cities. Works according to a planned system. The staff of the company is 30 people.

Elina Khisamutdinova, General Director of KOPI-LEADER LLC, Kazan. KOPI-LEADER LLC - wholesale company for the sale and service of office equipment, consumables, stationery, office supplies. On the market since 2003.

Protection of rights (including labor rights of employees), freedoms and legitimate interests includes many aspects. We will consider in this material how this issue is regulated by labor legislation.

What laws govern the protection of labor rights

Protection of rights is considered as a whole system of means:

• removing obstacles to their implementation;
• preventing their violation;
• restoring violated rights;
• compensatory damages from the offense.

Protection of rights can take place only in the event of an offense expressed in the failure to fulfill an obligation, abuse of a right, or obstruction of the exercise of rights.

The rules included are:

• on ways to protect labor rights and freedoms;
• on state and departmental control and supervision of their observance;
• on their protection by trade unions;
• on self-defense of labor rights;
• on consideration and resolution of individual and collective labor disputes;
• on the responsibility of employers for violation of the labor rights of employees.

Such detailed regulation is necessary because the employee is a less protected party to the labor relationship compared to the employer.

Forms, procedure and methods for protecting the rights of workers

Protection of the rights of employees is possible only in the forms and procedures provided for by law.

Protection of workers by trade unions

This protection is provided in several ways:

• granting trade unions the right to exercise control over the observance of labor legislation, the fulfillment of the terms of collective agreements and agreements (through the legal and technical inspections labor unions);
• taking into account the opinion of the employer trade union body when making decisions in cases stipulated by the Labor Code (from approval of the organization's staffing table to the dismissal of employees to reduce the number / staff).

Protection of workers by control (supervisory) state bodies

An employee whose labor rights are violated is given the opportunity to apply for their protection to the competent state bodies.

Among these bodies are the bodies of the prosecutor's office and Federal Service for Labor and Employment (State Labor Inspectorates - GIT).

The powers of the prosecutor's office are established by the Federal Law on the Prosecutor's Office, the powers of the GIT - Art. Art. 354 - 365 of the Labor Code of the Russian Federation.

The goals and objectives of these bodies differ: if the prosecutor's office carries out general supervision for compliance with the law (including control bodies), the GIT functions directly to identify and eliminate violations of labor laws. Accordingly, the powers of these bodies are not the same.

State supervision and control shall be exercised by the said bodies by means of inspections and surveys, the procedure for which is established by law.

Judicial defense

An employee can apply for judicial protection in the event of a labor dispute with the employer.

The general period for such an appeal for an employee has been established - three months from the day when he found out (should have known) about the violation of his right (Article 392 of the Labor Code of the Russian Federation).

However, in some cases, other deadlines are provided:

• one month for dismissal disputes (the period is counted from the date of delivery of a copy of the dismissal order / issuance of a work book);
• one year for disputes about non-payment (underpayment) of wages and other due payments (the period is counted from the day of the payment period established by the organization).

When filing a lawsuit or an application for a court order, an employee is exempted from paying state duty and court costs (

The right to work is established by the Basic Law of the country. Russians implement constitutional law in practice. Labor is free, everyone controls himself: he has the right to choose a profession and type of activity. When applying for a job, a citizen has the right to count on the employer's compliance with labor protection requirements, as well as protection from unemployment. The interests of the employer and employee do not always coincide. At any stage of the employment relationship, a dispute may arise. The employee has the right to protect his rights and interests.

Forms of protection of the rights of the worker

An employee working in a company (at an enterprise) has three options to protect himself from the arbitrariness of the employer:

• self-defense;
• contacting a trade union;
• appeal to the authorized state bodies.

What should an employee do if his rights are violated?

If a citizen believes that the employer infringes on his rights, he can apply to the organization for the protection of the rights of workers. it State Inspectorate labor, whose powers include issues of consideration of violations by employers. A complaint to the inspectorate can be made in writing or by filling out a special form. electronic form on the web resource OnlineInpektion.ru.

A citizen can seek help from lawyers specializing in labor disputes. The specialist will accurately and correctly draw up a complaint. The law does not impose special requirements on the content of this appeal, except that the complaint must be written correctly and concisely. This will help the labor inspector to quickly understand the essence of the employee's problem and help him. Complaint Labour Inspectorate must respond within 30 days. The Service for the Protection of the Rights of Workers - The Labor Inspectorate responds to complaints from the working population with unscheduled inspections of the employer. Based on the results of the inspection, the inspector issues an act, which indicates the identified violations, their nature. In some cases, the activities of the employer may be suspended.

The Committee for the Protection of Workers' Rights is being created on the basis of trade union. This is an association of citizens, consisting of employees and representatives of the employer. The trade union aims to protect the rights of workers. Its work is regulated by No. 82-FZ, as well as federal law regulating the activities non-profit organizations. The employer has no right to interfere with the organization of the trade union.

An employee may also apply to the Prosecutor's Office, in whose territory the company that violated the employee's rights operates. The prosecutor's office monitors the observance of the rights of citizens in Russia, including labor rights. The complaint is written in the name of the prosecutor.

The employee can go to court. The claim is written in triplicate. In order to write a competent document, it is better to contact lawyers or independently study the rules for drawing up a statement of claim. The claim must indicate the court where the application is sent. The plaintiff must provide full details about himself and the defendant with contacts by which they can be contacted. The claim must indicate the facts of violation by the employer of the rights of the employee with references to laws, as well as a request to the court. If the complaint is incorrectly drafted, the judge may send it back to the complainant and not consider the dispute until the violations are corrected.

self defense

The law provides for the worker's right to self-defence. Usually it is used by employees who are not paid wages on time; arrange for workplace inconsistent with the employment contract. But the right to self-defence cannot create barriers to appeal to various authorities.

Which lawyers protect the rights of the worker?

Typically, employee representation services in court are provided by lawyers specializing in labor disputes. Lawyers will competently state the position of the plaintiff in court. There are several organizations operating in Moscow that call themselves the Society for the Protection of Workers' Rights. The organization consists of lawyers who resolve disputes between the employer and the employee.

Instruction

The Labor Code of the Russian Federation began to use the chapter "Protection of the personal rights of an employee", which describes the receipt, storage, combination, transfer and other use of information about.

In this case, the employer must comply with certain rules:

In accordance with the norms of the current legislation, the employer must process the personal data of the employee.

The employer can process information only for the purpose of complying with laws and the employee in the service, controlling the quality and quantity of work performed, ensuring the personal safety of the employee and ensuring the safety of property.

The employer must obtain all information about the employee from him. In the case of collecting the necessary data, you can use the services of third parties, then the employee must express his own in writing.

The employer has no right to information about the personal life of the employee. In those that are directly related to issues of labor relations, he can operate on the private life of an employee, but only with his written consent.

You need to know that the employer does not have the right to refuse to hire for circumstances that are discriminatory. The Labor Code of the Russian Federation provides guarantees for labor rights and freedom of citizens, protects the rights and interests of employees, employers, and also creates favorable working conditions.

There are some components to the personal (private) rights of an employee, which, in turn, require regulatory consolidation:

Neither the employer nor any other person has the right to get acquainted with personal letters, telephone conversations, including visual reproduction means that belong to the employee (for example, messages of various types, recordings made by the employee on a dictaphone, etc.).

The employee has the right to inviolability of appearance. The employer violates his rights in case of psychological pressure on an employee for the purpose of dismissal or demotion wages. Appearance the employee must be neat and appropriate to a particular field of activity. There are a number of professions that require a special form (for example, salespeople, prosecutors, judges, etc.).

The employer has no right to use means of audiovisual control over the behavior of the employee. Also, this right is not allowed, taking into account the safety and security of production property.

The employee has the right to physical integrity. In this case, we are talking about unreasonable searches on the territory of the enterprise where he works, about unwanted physical signs of sexual attention from other employees.

Hello Anton!

In this situation, you need to know what you will have to face.

If you have concluded agency contract, and not labor, then pay the employee “vacation pay” and “ severance pay» are not required, since these relations are not labor relations, but are regulated Civil Code. But, here the employee will try to prove that between you there are not civil law, but labor relations. And his chances of proving it are quite high, while you yourself helped him in this. Let me explain.

In the absence of a written employment contract, the employee can prove that an employment relationship has developed between you and you actually allowed him to work, providing him with a workplace (transferred to an office “under supervision”). Labor relations are characterized by the following:

Article 15. Labor Code of the Russian Federation. Labor Relations

Labor relations - relations based on an agreement between the employee and the employer on the personal performance by the employee for a fee labor function(work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work entrusted to the employee), subordination of the employee to the rules of the internal labor regulations while ensuring that the employer provides the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations, labor contract.

The conclusion of civil law contracts that actually regulate labor relations between an employee and an employer is not allowed.

Regarding the actual admission to work, confirming the conclusion of an employment contract - Part 2 of Art. 67 of the Labor Code of the Russian Federation:

An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his authorized representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work, and if the relationship associated with the use of personal labor arose on the basis of a civil law contract, but subsequently was recognized as labor relations - no later than three working days from the date of recognition of these relations as labor relations, unless otherwise established by the court.

He will prove this with evidence.

Now about what he can get: in the absence of evidence of the amount of wages - an all-time salary in the amount of the minimum wage (5554 rubles) per month plus the district coefficient minus 13% personal income tax. for the entire time of work, compensation for not granted leave upon dismissal and average earnings for the entire time of forced absenteeism (while the trial is ongoing, if he goes to court), plus compensation for moral damage (the courts satisfy very small amounts of 2-5 thousand rubles. ), as well as court costs.

Thus, the actual employee will not be charged so much from you (a relative category, of course).

More trouble can be delivered to you by an inspection by the State Labor Inspectorate. There are penalties for violating labor laws. There will be a violation if the employee proves the existence of an employment relationship. Violations: no written employment contract, no proper registration (order, entry in work book) and, accordingly, violation of the dismissal procedure.

In this case, the legal position of the employer may be as follows: the contract is not labor, but civil law (agency, regulated by Chapter 52 of the Civil Code of the Russian Federation):

Article 1005. Agency agreement
1. Under an agency agreement, one party (agent) undertakes, for a fee, to perform legal and other actions on behalf of the other party (principal) on its own behalf, but at the expense of the principal or on behalf and at the expense of the principal. In a transaction made by an agent with a third party on behalf of in his own name and at the expense of the principal, acquires the rights and becomes obligated to the agent, even though the principal was named in the transaction or entered into direct relations with a third party to execute the transaction. In a transaction made by an agent with a third party on behalf and at the expense of the principal, the rights and obligations arise directly from the principal.

2. In cases where the agency agreement, concluded in writing, provides for the general powers of the agent to make transactions on behalf of the principal, the latter, in relations with third parties, is not entitled to refer to the lack of proper powers of the agent, unless he proves that the third party knew or should have known about the limitation of the agent's powers.

3. An agency contract may be concluded for a fixed period or without specifying the period of its validity.

4. The law may provide for special features certain types agency agreement.

The weakness of this position is that he worked at the workplace provided by you and, in fact, there is no agency agreement. The rest is stated above.

Or negotiate with him on reasonable terms. Only in this case it should be understood that there are no guarantees that he will not go to court.

The only thing that is possible is to "drag out" the time. The fact is that he can file a claim with you regarding reinstatement at work within 1 month from the date of dismissal, and regarding arrears in payments - within 3 months (this is according to the Labor Code of the Russian Federation). At the same time, if he goes to court after the expiration of these deadlines, the court will accept his claim, but according to your application for the application of the limitation period, he is obliged to refuse to satisfy such requirements.

Thus, there are 3 options: 1. Prove that an agency agreement has been concluded; 2. Agree with his demands and pay; 3. "Delay" the term of his appeal to the court under various pretexts.

Sincerely, S.Sergeev