The alphabetical index located at the end of the book will help you quickly find the answer to your question.

The publication is addressed to heads of organizations, HR specialists and anyone interested in labor law issues. In addition, it will help streamline and refresh knowledge in the field of labor legislation and personnel records management for personnel service employees preparing to take exams to obtain a specialist certificate in the field of personnel management.

Here are some of the answers to the questions that you will find in the book “WORK IN LAW”:

Within what period must an employer draw up an employment contract with an employee when he is actually allowed to work?

When an employee is actually allowed 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 of actual admission of the employee to work.
Part two art. 67 Labor Code of the Russian Federation

Can fixed-term employment contracts be concluded with old-age pensioners? How to legally transfer pensioners working under an open-ended employment contract to a fixed-term employment contract?

In accordance with part two of Art. 59 of the Labor Code of the Russian Federation, an employment contract can be concluded with age pensioners.

The establishment of labor relations for a certain period of time without taking into account the nature of the work and the conditions for its implementation is permitted only with those pensioners, which for the first time or again (after dismissal) enter into an employment contract with this employer.

DefinitionRF Armed Forces dated October 3, 2008 No. 89-B08-6

The law does not give the employer the right to renew an employment contract concluded with an employee for an indefinite period into a fixed-term employment contract (as well as to terminate the employment contract) in connection with the employee reaching retirement age and receiving a pension.

Age pensioners include only those persons who have reached retirement age and who in accordance with pension legislation old age pension assigned.

A citizen who has reached the age required for the assignment of a pension, but has not acquired the right to it, or whose pension has not been assigned due to other circumstances, cannot be considered a pensioner and, therefore, is not included in the number of persons with whom a fixed-term employment contract can be concluded on the basis paragraph three of part two of art. 59 Labor Code of the Russian Federation.

In the case where consent to conclude a contract was given by the employee involuntarily, he has the right to challenge the legality of concluding a fixed-term employment contract with him in a court of general jurisdiction. If the court, based on a study and assessment of all the factual circumstances of the case, determines that the employee’s consent to conclude such an agreement is not voluntary, the court will apply the rules of an agreement concluded for an indefinite period.

DefinitionConstitutional Court of the Russian Federation dated May 15, 2007 No. 378-O-P

Are cloakroom attendants in clinics (working from September 15 to May 15) seasonal workers?

In accordance with the Tariff and qualification characteristics for general industry professions of workers, approved. By Decree of the Ministry of Labor of the Russian Federation dated November 10, 1992 No. 31, a cloakroom attendant performs such work as: receiving outerwear, hats and other personal belongings from employees and visitors of the enterprise (institution) for storage; ensuring the safety of handed over items; issuing a badge to an employee or visitor indicating the number of the place where things are stored and issuing clothing and other things upon presentation of the badge; keeping the dressing room clean and tidy; providing assistance to disabled and elderly visitors when undressing and dressing. Similar types of work List of seasonal work, approved. Resolution of the People's Commissariat of Labor of the USSR dated October 11, 1932 No. 185,* does not contain. Therefore, wardrobe attendants cannot be considered seasonal workers.

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* This document is applied in cases where sectoral (inter-sectoral) agreements concluded at the federal level of social partnership are not accepted or do not contain a list of seasonal work.

Which persons are subject to mandatory preliminary medical examination?

Preliminary medical examinations are mandatory:

Minors;

Art. 69, 266 Labor Code of the Russian Federation, clause 2 of Art. 11 Federal Law on basic guarantees of the rights of the child

Persons whose work will be directly related to the movement of vehicles - to determine the suitability of these workers to perform the assigned work and prevent occupational diseases;

Art. 213, 328 Labor Code of the Russian Federation,clause 3 art. 25 Federal Law on railway transport

Athletes,

Art. 348.3 Labor Code of the Russian Federation

Workers who will be engaged in heavy work and work with harmful and (or) dangerous working conditions (including underground work);

Art. 213 Labor Code of the Russian Federation, art. 14 Federal Law on Radiation Safety of the Population, Art. 14 Federal Law on the destruction of chemical weapons

Workers directly involved in work related to the maintenance of electric power facilities;

clause 3 art. 28 Federal Law on Electric Power Industry

Employees of food industry organizations, public catering and trade, water supply facilities, health care and child care institutions, as well as some other employers.

Art. 213 Labor Code of the Russian Federation

In what cases does the law prohibit the dismissal of an employee during a period of temporary disability and while on vacation?

Dismissal of an employee during the period of temporary disability and while on vacation is not permitted only in cases where the initiative to terminate the employment contract comes from employer.

Grounds for termination of an employment contract at the initiative of the employer named in paragraph 4 of part one of Art. 77 Labor Code of the Russian Federation.

The contract is considered terminated, and the employee is dismissed at the initiative of the employer in the cases specified in Art. 71 and 81 of the Labor Code of the Russian Federation (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur).

Part sixArt. 81 Labor Code of the Russian Federation,LetterRos-Labor dated 09/05/2006No. 1551-6 (“Official documents", 2006, No. 41)

According to the Supreme Court of the Russian Federation, “an employment contract with the head of an organization cannot be terminated under paragraph 2 of Article 278 of the Code during the period of his temporary incapacity for work or while on vacation.”

The Federal Service for Labor and Employment has the same opinion on this issue.

Point 50Letter from Rostrud dated 09/05/2006No. 1333-6 (“Regulatory acts for accountants”, 2006, No. 19)

How to register a part-time employee as a permanent employee (i.e., an employee at the main place of work for the same employer)?

In the event that a part-time employee wishes to terminate an employment contract concluded on a part-time basis and enter into a new employment contract - “at the main place of work” with the same employer, he submits a corresponding resignation letter of his own free will, as a result of which the employment contract is terminated according to clause 3 of part one of Art. 77 Labor Code of the Russian Federation.

It is possible to terminate an employment contract with a part-time employee by agreement of the parties, i.e. according to paragraph 1 of part one of Art. 77 Labor Code of the Russian Federation.

After the dismissal order is issued, a new employment contract is concluded with this employee (subject to all rules established by law for its conclusion) and a hiring order is issued. After making a record of hiring in the work book, the employer enters into the work book information about the employee’s part-time work with this employer (if the employee expresses such a desire in a written application). The basis for making entries will be orders (instructions) of the employer.

How to dismiss an employee by agreement of the parties? In this case, is the employer obliged to pay the employee any money in the form of severance pay?

An employment contract (both a contract concluded for an indefinite period and a fixed-term employment contract) can be Anytime terminated by agreement of the parties to the employment contract, i.e. according to paragraph 1 of part one of Art. 77 Labor Code of the Russian Federation.

Art. 78 Labor Code of the Russian Federation

The contract is terminated within the period determined by the parties. Cancellation of an agreement regarding the period and grounds for dismissal is possible only with mutual consent of the employer and employee.

To dismiss an employee by agreement of the parties, no statements from the employee are required. The mutual consent of the parties (employer and employee) is formalized by a written additional agreement to the employment contract containing approximately the following text: “The parties have agreed: to terminate the employment contract No. __ dated “__”_____ ___ by agreement of the parties (clause 1 of part one of Art. 77 of the Labor Code of the Russian Federation) “___”_______ 200__. (here you need to indicate the date of termination of the contract, which will be the day the employee is dismissed).”

When concluding such an agreement, the employer and employee, guided by part four of Art. 178 Labor Code of the Russian Federation, can agree on payment to the employee upon dismissal of severance pay in the established amount, adding the above phrase with the words: “... with payment to the Employee upon dismissal of severance pay in the amount of ______ rubles.”

The employer's obligation to pay severance pay to employees in the event of their dismissal under clause 1 of part one of Art. 77 Labor Code of the Russian Federation Maybe contained in the collective agreement.

Clause 20Resolutions of the Plenum of the Armed Forces of the Russian Federation No. 2

Is it necessary to issue orders if it is necessary to attract an employee to work beyond the normal hours on a specific working day (provided that his employment contract establishes an irregular working day)?

The conditions for attracting employees to work outside the normal working hours when they establish an irregular working day (list of officials who have the right to issue orders; the form of the order; example cases in which an employee can be attracted to work outside the working hours) must be regulated local regulations - in particular, internal labor regulations.

When should work on holidays not be taken into account when calculating overtime hours?

When calculating overtime hours, work on holidays performed in excess of working hours should not be taken into account, since it has already been paid double (clause 4 of the Explanation of the State Committee for Labor of the USSR, Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 13/P-21, approved Resolution of the State Labor Committee of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 465/P-21 “On approval of clarification No. 13/P-21 “On compensation for work on holidays”).

By the decision of the Supreme Court of the Russian Federation of November 30, 2005 No. GKPI 05-1341, the application to invalidate paragraph 4 was left unsatisfied, because the contested provisions of the regulatory legal act do not contradict the current Labor Code of the Russian Federation and do not violate the rights of workers to receive wages depending on the quantity and quality of labor expended.

What does "simple" mean? How is downtime paid?

Downtime is a temporary suspension of work for reasons of an economic, technological, technical or organizational nature.

Part threeArt. 72.2 Labor Code of the Russian Federation

Downtime caused by the employer is paid in the amount at least 2/3 of the employee’s average salary.

Downtime due to reasons beyond the control of the employer and employee is paid in the amount at least 2/3 of the tariff rate, salary (official salary), calculated proportionally to the downtime.

Downtime due to employee fault not paid.

Parts one - three art. 157 Labor Code of the Russian Federation

How to correctly calculate the day of stay on a business trip (if you left at 8-00 in the morning and arrived at 1-30 at night)? What regulatory document is this stated in?

On the day of departure on a business trip The date of departure of a train, plane, bus or other vehicle from the place of permanent work of the business traveler is considered, and the day of arrival from a business trip is the date of arrival of the specified vehicle at the place of permanent work. When sending a vehicle up to 24 hoursinclusive, the day of departure on a business trip is considered the current day, and from 00 o’clock and later - next day .

If a station, pier or airport is located outside a populated area, the time required to travel to the station, pier or airport is taken into account.

The day the employee arrives at his place of permanent work is determined in the same way..

Consequently, in the described case, the employee was on a business trip for 2 days (he left at 8 a.m. that day and arrived at 1:30 a.m. the next day).

Clause 4 of the Regulationsabout business trips

Is it possible to hold a former (dismissed) employee financially liable?

Termination of an employment contract after damage has been caused does not entail the release of the parties to this agreement from liability provided for by the Labor Code of the Russian Federation or other federal laws.

Part threeArt. 232 Labor Code of the Russian Federation

Under what conditions can a person applying for a job in an organization as a driver be hired for this job?

Workers hired for work directly related to the movement of vehicles must undergo professional selection and training in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of transport.

Part oneArt. 328 Labor Code of the Russian Federation

A person applying for a job in an organization as a driver may be accepted for this job provided:

The presence of a driver's license for the right to drive a vehicle of the appropriate category;

Availability of a document confirming completion of a medical examination within the established time limits;

Compliance of his qualifications, work experience and other professional characteristics with the requirements established for a specific type of transportation.

In order to verify the driver’s compliance with the work entrusted to him for the safe implementation of a specific type of transportation, he can be hired with probationary period in accordance with current labor legislation.

Clause 3.1.1 of the Regulations on ensuring road safety in enterprises, institutions, organizations transporting passengers and goods, approved. By Order of the Ministry of Transport of Russia dated 03/09/1995 No. 27

Is a record of part-time work made in the employee’s work book?

Information about part-time work is entered into the employee’s work book at the place of main work and only at his request(expressed in a written statement) - on the basis of a document confirming part-time work (usually a certificate (or certificates) indicating the dates and numbers of orders for admission and dismissal, signed by the head of the organization or his authorized person, copies of orders or extracts from orders (duly certified) or an employment contract concluded with the condition of part-time work).

Art. 66 Labor Code of the Russian Federation

If an employee refuses to perform work in case of violation of labor protection requirements, can he be subject to disciplinary action?

An employee’s refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing heavy work and work with harmful and (or) dangerous working conditions not provided for in the employment contract does not entail bringing him to disciplinary liability .

Part seven of Art. 220 Labor Code of the Russian Federation

Refusal to perform work during a transfer carried out in compliance with the law is recognized as a violation of labor discipline, and absence from work is considered absenteeism. It should be taken into account that by virtue of paragraph five of part one of Art. 219, part seven of Art. 220 of the Labor Code of the Russian Federation, an employee cannot be subject to disciplinary action for refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements, except for cases provided for by federal laws, until such danger is eliminated or from performing heavy work and work with harmful and (or) dangerous working conditions not provided for in the employment contract. Since the Labor Code of the Russian Federation does not contain rules prohibiting an employee from exercising this right even when the performance of such work is caused by a transfer on the grounds specified in Article 72.2 of the Labor Code of the Russian Federation, the employee’s refusal to temporarily transfer to another job in accordance with Article 72.2 of the Labor Code of the Russian Federation for the above reasons is justified.

Clause 19RegulationsPlenum of the Armed Forces of the Russian Federation No. 2

Is it possible to pay benefits to a former employee who has lost his ability to work after dismissal, as well as to a person whose employment contract has been cancelled?

Temporary disability benefits are paid to insured persons not only upon the occurrence of insured events during the period of work under an employment contract, performance of official or other activities, during which they are subject to compulsory social insurance, but also in cases when illness or injury arrived:

Within 30 calendar days from the date of termination of the specified work or activity;

During the period from the date of conclusion of the employment contract until the day of its cancellation.

Part 2 Art. 5 Federal Law on compulsory insurance in case of temporary disability and in connection with maternity

Are benefits paid for temporary disability, maternity, and child care to external part-time workers?

If the insured person is employed by several policyholders, benefits for temporary disability, pregnancy and childbirth are assigned and paid to him by the policyholders for all places of work (service, other activities), and monthly child care benefits - by the policyholder at one place of work (service, other activity) at the choice of the insured person.

Part 2 Art. 13Federal Law on compulsory insurance in case of temporary disability and in connection with maternity

What should be done with the work book in the event that on the day of termination of the employment contract it is impossible to issue a work book to the employee due to his absence?

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail.

Art. 84.1 Labor Code of the Russian Federation

If on the day of the employee’s dismissal (termination of the employment contract) it is impossible to issue a work book due to the employee’s absence or his refusal to receive the work book in hand, the employer sends the employee a notice of the need to appear for the work book or agree to send it by mail. Sending a work book by mail to the address specified by the employee is permitted only with his consent.

Clause 41 of the Rules for maintaining work books

We need your help again. There are doubts about how to register the reason for a fixed-term contract to the cloakroom attendant. Is this work seasonal? But it can be produced not only during the season, but, if we wish, constantly. Or is this a predetermined job? But we define its completion by a specific date. If we take the line of Article 59 above - “work in an organization created for a predetermined period or to perform a predetermined job” - it is confusing that the key word is the word “organizations”.

Answer

It would seem that a cloakroom attendant is such a modest and insignificant profession. However, without her work it is difficult to imagine many institutions, theaters, restaurants, libraries, concert halls, etc. This profession is already so traditional and familiar that it is difficult to imagine our modern world without it.

As you know, the task of a cloakroom attendant is to issue and receive outerwear into the wardrobe. The work is very similar and quite uncomplicated, although the salary is rarely high. Pensioners often choose to work as a cloakroom attendant in Moscow. After all, it does not require special concentration and does not involve high psychological, mental and physical stress. The required qualities are also basically nothing special. The wardrobe attendant must know the rules for processing documents that should be completed in case of loss of a token, the rules for storing and receiving personal belongings. In advertisements like “clothes attendant required in Moscow,” personal requirements include communication skills, hard work, attentiveness, and accuracy.

As a rule, among the main duties of a cloakroom attendant are the acceptance for storage of shoes, hats, outerwear and other personal belongings from visitors to the establishment and its employees, the issuance of a token, and then the items given for storage upon presentation of a token. The tasks also include maintaining the dressing room in order and cleanliness, ensuring the safety of things. By the way, if you have sufficient education, career advancement along the administrative line may be possible. However, in order to get a job in a wardrobe department, it is often not necessary to have education and experience.

Wage level

The histogram shows the change in the average salary level of the Wardrobe Clerk profession in Moscow:

Number of vacancies for the Wardrobe Clerk profession in % by salary range in Moscow:

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