Quick navigation: All categories Test safety officers traffic Topic 1. Regulatory acts and organization of work to ensure road safety, including in terms of the work and rest regime of drivers, towing vehicles Topic 2. Ensuring the safety of passenger transportation, including children (including by passenger taxis) Topic 3. Ensuring safety regular transportation of passengers and transportation of passengers on orders Theme 4. Ensuring the safety of transportation of organized groups of children by buses Theme 5. Ensuring safety in the transportation of goods, including the placement and securing of goods on vehicles Theme 6. Transportation within the territory Russian Federation certain types cargoes that have their own specifics when ensuring safety - large-sized cargo Topic 7. Ensuring the safety of transportation of dangerous goods across the territory of the Russian Federation Topic 8. Ensuring the safety of transportation of passengers and goods in special conditions Topic 9. Fundamentals labor law Topic 10. Rules and norms of labor protection in road transport Topic 11 Purpose and main technical and operational characteristics of the rolling stock of road transport, loading and unloading mechanisms Topic 12. Rules technical operation vehicles, including the admission of vehicles for operation Topic 13 Methods for planning, accounting and analyzing road transport Topic 14. The procedure for developing and approving production plans economic activity enterprises Topic 15. Organization of the process of transportation and labor of drivers and other employees involved in the operation of vehicles Topic 16. Ensuring professional suitability and reliability of drivers (permission to drive vehicles, medical checkup, internship Topic 17. State system traffic safety management, federal state supervision in the field of road safety Topic 18. Responsibility for administrative offenses in transport, in the field of traffic and in the operation of vehicles Test transportation of dangerous goods. Basic course. Topic 1. Regulatory support for the transportation of dangerous goods. Topic 2. Training of drivers and specialists in the field of transportation of dangerous goods by road. Topic 3. Terms. Topic 4. Exceptions Topic 5. Transport documents Topic 6. Classification of dangerous goods Topic 7. Labeling of dangerous goods Topic 8. Marking of vehicles Topic 9. Requirements for packaging Topic 10. Permit system. Topic 11. Requirements for vehicles and additional equipment Topic 12. Organization of transportation of dangerous goods and traffic vehicle Topic 13. Obligations of the driver and personnel serving the transportation Topic 14. Elimination of consequences and labor protection Topic 15. Responsibility

Certification of workplaces according to working conditions- assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection. Certification of workplaces in terms of working conditions is carried out in the manner established by the federal executive body that performs the functions of developing public policy and legal regulation in the sphere of labor (Article 209 of the Labor Code of the Russian Federation).

Base salary (base official salary), base wage rate- the minimum salary (official salary), the wage rate of an employee of the state or municipal institution who carries out professional activities in the profession of a worker or an employee's position, included in the relevant professional qualification group, without taking into account compensatory, incentive and social payments.

Safe working conditions- working conditions under which the impact on workers of harmful and (or) dangerous production factors is excluded or the levels of their impact do not exceed the established standards (Article 209 of the Labor Code of the Russian Federation).

Shift method- a special form of carrying out the labor process outside the place of permanent residence of employees, when their daily return to the place of permanent residence cannot be ensured.

The rotational method is used when the place of work is significantly removed from the place of permanent residence of employees or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activities (Article 297 of the Labor Code of the Russian Federation).

Harmful production factor- a production factor, the impact of which on an employee can lead to his illness (Article 209 of the Labor Code of the Russian Federation).

Time relax- the time during which the employee is free from the performance of labor duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).

Guarantees- the means, methods and conditions by which the implementation of the rights granted to employees in the field of social and labor relations(Article 164 of the Labor Code of the Russian Federation).

State examination of working conditions- assessment of the compliance of the object of examination with the state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).

Labor discipline- obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, collective agreement, agreements, local regulations, an employment contract (Article 189 of the Labor Code of the Russian Federation).

Strike- temporary voluntary refusal of employees to perform their labor duties (in whole or in part) in order to resolve a collective labor dispute (Article 398 of the Labor Code of the Russian Federation).

Salary (employee's wages)- remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments(surcharges and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in territories subjected to radioactive contamination, and other compensation payments) and incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments) (Article 129 of the Labor Code of the Russian Federation).

Individual labor dispute- unresolved disagreements between the employer and the employee on the application of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, an agreement, a local regulatory act, employment contract(including the establishment or change of individual working conditions), which are declared to the body for the consideration of individual labor disputes.

An individual labor dispute is a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to conclude an employment contract with the employer, if the employer refuses to conclude such an agreement (Article 381 of the Labor Code of the Russian Federation).

Collective agreement- a legal act regulating social and labor relations in an organization or individual entrepreneur and concluded by employees and the employer represented by their representatives (Article 40 of the Labor Code of the Russian Federation).

Collective labor dispute- unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body employees when adopting local regulations (Article 398 of the Labor Code of the Russian Federation).

Compensation- monetary payments established for the purpose of reimbursement to employees of costs associated with the performance by them of labor or other duties provided for by this Code and other federal laws (Article 164 of the Labor Code of the Russian Federation).

Lockout- dismissal of employees at the initiative of the employer in connection with their participation in a collective labor dispute or on strike (Article 415 of the Labor Code of the Russian Federation).

homeworkers persons who have concluded an employment contract on the performance of work at home from materials and using tools and mechanisms allocated by the employer or purchased by the homeworker at their own expense are considered (Article 310 of the Labor Code of the Russian Federation).

Irregular working hours- a special mode of operation, according to which individual workers may, by order of the employer, if necessary, occasionally be involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees (Article 101 of the Labor Code of the Russian Federation).

labor standards- norms of production, time, norms of number and other norms - are established in accordance with the achieved level of technology, technology, organization of production and labor (Article 160 of the Labor Code of the Russian Federation).

Association of employers- a non-profit organization that unites employers on a voluntary basis to represent the interests and protect the rights of its members in relations with trade unions, bodies state power and local governments (Article 33 of the Labor Code of the Russian Federation).

Salary (salary)- a fixed amount of remuneration of an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (Article 129 of the Labor Code of the Russian Federation).

Hazardous production factor- a production factor, the impact of which on an employee can lead to his injury.

Features of labor regulation- rules partially restricting the use general rules on the same issues or providing additional rules for certain categories of workers (Article 251 of the Labor Code of the Russian Federation).

Occupational Safety and Health- a system for preserving the life and health of workers in the process labor activity, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures (Article 209 of the Labor Code of the Russian Federation).

Transfer to another job- permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if structural subdivision was specified in the employment contract), while continuing to work for the same employer, as well as transferring to work in another locality together with the employer (Art. 72.1).

Employee's personal data- information required by the employer in connection with the employment relationship and relating to a particular employee.

Processing of personal data of an employee - receipt, storage, combination, transfer or any other use of personal data of an employee (Article 85 of the Labor Code of the Russian Federation).

Rules of the internal work schedule - a local normative act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other regulatory issues labor relations with this employer (Article 189 of the Labor Code of the Russian Federation).

Conciliation procedures- consideration of a collective labor dispute for the purpose of its resolution by a conciliation commission, with the participation of an intermediary and (or) in labor arbitration (Article 398 of the Labor Code of the Russian Federation).

Forced labor- performance of work under the threat of any punishment (violent influence), including:

in order to maintain labor discipline;

as a measure of responsibility for participating in a strike;

as a means of mobilizing and using labor force for the needs of economic development;

as a punishment for having or expressing political views or ideological beliefs that are contrary to the established political, social or economic system;

as a measure of discrimination based on racial, social, national or religious affiliation.

Forced labor also includes work that an employee is forced to perform under the threat of any punishment (violent influence), while in accordance with this Code or other federal laws, he has the right to refuse to perform it, including in connection with :

violation of the established deadlines for the payment of wages or its payment not in full size;

the emergence of a direct threat to the life and health of an employee due to violation of labor protection requirements, in particular, the failure to provide him with the means of collective or personal protection in accordance with established standards (Article 4 of the Labor Code of the Russian Federation).

Production activity- a set of actions of workers using the means of labor necessary for the transformation of resources into finished products including production and processing various kinds raw materials, construction, provision of various types of services (Article 209 of the Labor Code of the Russian Federation).

Occupational Risk- the probability of causing harm to health as a result of exposure to harmful and (or) dangerous production factors in the performance of duties by an employee under an employment contract or in other cases established by this Code, other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 209 of the Labor Code of the Russian Federation).

Worker- an individual who has entered into an employment relationship with the employer.

Persons who have reached the age of sixteen years, and in the cases and in the manner established by this Code, also persons who have not reached the specified age (Article 20 of the Labor Code of the Russian Federation) have the right to enter into labor relations as employees.

Employer- an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In cases stipulated by federal laws, another entity entitled to conclude employment contracts may act as an employer. For the purposes of this Code, employers who are individuals are recognized as:

individuals duly registered as individual entrepreneurs and engaged in entrepreneurial activities without education legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activity subject to federal law state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities (hereinafter - employers - individual entrepreneurs). Individuals who, in violation of the requirements of federal laws, carry out the specified activity without state registration and (or) licensing, who have entered into labor relations with employees in order to carry out this activity, are not exempt from the obligations imposed by this Code on employers - individual entrepreneurs;

individuals entering into labor relations with employees for the purpose of personal service and household assistance (hereinafter referred to as employers - individuals who are not individual entrepreneurs).

The rights and obligations of the employer in labor relations are exercised: individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them in the manner prescribed by this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organizations) and local regulations (Article 20 of the Labor Code of the Russian Federation).

Work time- the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor obligations, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, refer to working time. Normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation).

Night time - time from 10 p.m. to 6 a.m. (Article 96 of the Labor Code of the Russian Federation).

Workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

Head of the organization- an individual who, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organization) and local regulations manages this organization, including performing the functions of its sole executive body (Article 273 of the Labor Code of the Russian Federation).

Overtime work - work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work(shifts), and in the case of a summarized accounting of working time - in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code of the Russian Federation).

seasonal recognized work, which, due to climatic and other natural conditions, are carried out during a certain period (season), which, as a rule, does not exceed six months (Article 293 of the Labor Code of the Russian Federation).

Certificate of conformity of the organization of work on labor protection- a document certifying the compliance of the work carried out by the employer on labor protection with state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).

Business trip- an employee's trip by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work. Business trips of employees permanent job which are carried out on the way or have a traveling character, are not recognized as business trips (Article 166 of the Labor Code of the Russian Federation).

Shift work- work in two, three or four shifts - is introduced in cases where the duration production process exceeds the permissible duration of daily work, as well as for the purpose of more effective use equipment, increasing the volume of products or services provided (Article 103 of the Labor Code of the Russian Federation).

part-time- performance by the employee of other regular paid work on the terms of an employment contract in his spare time from his main job (Article 282 of the Labor Code of the Russian Federation).

Agreement- a legal act regulating social and labor relations and establishing general principles regulation of economic relations related to them, concluded between the authorized representatives of employees and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels of social partnership within their competence.

Depending on the scope of regulated social and labor relations, agreements may be concluded: general, interregional, regional, sectoral (intersectoral), territorial and other agreements.

The General Agreement establishes general principles for the regulation of social and labor relations and related economic relations at the federal level.

The interregional agreement establishes general principles for the regulation of social and labor relations and related economic relations at the level of two or more constituent entities of the Russian Federation.

The regional agreement establishes general principles for the regulation of social and labor relations and related economic relations at the level of a constituent entity of the Russian Federation.

The sectoral (intersectoral) agreement establishes general terms and Conditions remuneration, guarantees, compensations and benefits for employees of the industry (sectors). A sectoral (intersectoral) agreement may be concluded at the federal, interregional, regional, territorial levels of social partnership.

The territorial agreement establishes general working conditions, guarantees, compensations and benefits for employees in the territory of the respective municipality.

Other agreements - agreements that can be concluded by parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them (Article 45 of the Labor Code of the Russian Federation).

Social partnership in the sphere of labor- a system of relations between employees (representatives of employees), employers (representatives of employers), state authorities, local authorities, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them (Article 23 of the Labor Code of the Russian Federation ).

Means of individual and collective protection of workers - technical means used to prevent or reduce the impact on workers of harmful and (or) hazardous production factors, as well as to protect against pollution (Article 209 of the Labor Code of the Russian Federation).

Occupational safety standards- rules, procedures, criteria and standards aimed at preserving the life and health of workers in the course of work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, medical and preventive, rehabilitation measures in the field of labor protection (Article 209 of the Labor Code of the Russian Federation) .

Tariff rate- a fixed amount of remuneration for an employee for fulfilling a labor norm of a certain complexity (qualification) per unit of time without taking into account compensatory, incentive and social payments (Article 129 of the Labor Code of the Russian Federation).

Tariff systems wages- systems of remuneration based on the tariff system of differentiation of wages of workers various categories.

The tariff system for differentiating the wages of employees of various categories includes: tariff rates, salaries (official salaries), tariff scale and tariff rates.

Tariff scale - set tariff categories works (professions, positions) determined depending on the complexity of the work and the requirements for the qualifications of employees using tariff coefficients.

Wage category - a value that reflects the complexity of work and the level of qualification of the employee.

Qualification category - a value that reflects the level vocational training worker.

Tariffication of work - the assignment of types of labor to tariff categories or qualification categories, depending on the complexity of the work.

The complexity of the work performed is determined on the basis of their billing.

Tariffication of work and the assignment of tariff categories to employees are carried out taking into account a single tariff qualification handbook works and professions of workers, a unified qualification directory of positions of managers, specialists and employees. These reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation.

Tariff wage systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms. Tariff systems of remuneration are established taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory of positions of managers, specialists and employees, as well as taking into account state guarantees for wages (Article 143 of the Labor Code of the Russian Federation).

Labor protection requirements- state regulatory requirements for labor protection, including labor safety standards, as well as labor protection requirements established by the rules and instructions for labor protection (Article 209 of the Labor Code of the Russian Federation).

Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement , timely and in full to pay the employee wages, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).

Labor Relations- relations based on an agreement between the employee and the employer on the personal performance by the employee of the labor function for payment (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 internal labor regulations while providing the employer with working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract (Article 15 of the Labor Code of the Russian Federation ).

Control professional risks - a set of interrelated activities, including measures to identify, assess and reduce the levels of professional risks. The regulation on the occupational risk management system is approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 209 of the Labor Code of the Russian Federation).

Working conditions- a set of factors production environment and the labor process that affect the performance and health of the employee (Article 209 of the Labor Code of the Russian Federation).

In cases established by federal laws, another entity entitled to conclude employment contracts with an employee may act as an employer.

According to Art. 20 of the Labor Code of the Russian Federation, this is an individual or legal entity (organization) that has entered into an employment relationship with an employee (individual), and is one of the subjects of labor law.

Term Employer

An employer is a legal entity in the form of LLC, JSC, CJSC, or an individual entrepreneur (individual) who hires you for a certain position to perform a certain type of work.

• Relations between an employee and an employer are fixed by the state in the Labor Code of the Russian Federation.
• The employer is obliged to conclude an employment contract with the employee. He is responsible for paying his subordinate wages, is obliged to pay insurance and tax contributions to the relevant authorities.

Individuals - employers

The employer has the right:

• conclude, amend and terminate employment contracts with employees in the manner and on the terms established by labor legislation;
• conduct collective bargaining and collective agreements, agreements;
• encourage employees for conscientious efficient work;
• demand from employees the performance of their labor duties and respect for the property of the employer and other employees, compliance with the internal labor regulations of the organization;
• bring employees to disciplinary responsibility and material liability in the manner prescribed by the legislation of the Russian Federation;
• adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs);
• create associations of employers in order to represent and protect their interests and join them.

The employer is obliged:

• comply with labor legislation and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and employment contracts;
• provide employees with work stipulated by the employment contract;
• ensure labor safety and conditions that meet the requirements of occupational health and safety;
• provide workers with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;
• provide workers equal pay for work of equal value;
• pay in full the wages due to employees within the time limits established by the Labor Code of the Russian Federation, the collective agreement, the internal labor regulations of the organization, labor contracts;
• conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by law;
• provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;
• timely comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws, other regulatory legal acts containing labor law norms;
• consider submissions of relevant trade union bodies, other representatives elected by employees on revealed violations of laws and other regulatory legal acts containing labor law norms, take measures to eliminate them and report on the measures taken to the indicated bodies and representatives;
• to acquaint employees against signature with the adopted local regulations directly related to their work activities;
• create conditions that ensure the participation of employees in the management of the organization in the forms provided for by law and the collective agreement;
• provide for the everyday needs of employees related to the performance of their labor duties;
• carry out compulsory social insurance of employees in the manner prescribed by the Federal Law;
• compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the conditions established by laws and other regulatory legal acts;
• perform other duties stipulated by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms, a collective agreement, agreements and employment contracts.

According to Art. 20 of the Labor Code of the Russian Federation, this is an individual or legal entity (organization) that has entered into an employment relationship with an employee (individual), and is one of the subjects of labor law.

In cases established by federal laws, another entity entitled to conclude employment contracts may act as an employer.

In accordance with Art. 20 of the Labor Code of the Russian Federation for the purposes of labor legislation, the employer - individuals are recognized:

• individuals duly registered as individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities in accordance with the Federal Law are subject to state registration and (or) licensing who entered into labor relations with employees in order to carry out the specified activities (hereinafter referred to as the employer - individual entrepreneurs). Individuals who, in violation of the requirements of the Federal Law, carry out the specified activity without state registration and (or) licensing, who have entered into labor relations with employees in order to carry out this activity, are not exempt from the obligations imposed by the Labor Code of the Russian Federation on employers - individual entrepreneurs;
• individuals entering into labor relations with employees for the purpose of personal service and household assistance (hereinafter referred to as employers - individuals who are not individual entrepreneurs).

Who is an employer and who can he be

An employer is a company (that is, a legal entity) or an individual entrepreneur (individual) who hires you for a certain position to perform a certain type of work.

Relations between an employee and an employer are fixed by the state in the Labor Code of the Russian Federation. The employer is obliged to conclude an employment contract with the employee.

He is responsible for paying wages to his subordinate, is obliged to pay insurance and tax contributions to the appropriate authorities.

Direct employers

If a direct employer is an organization or an individual entrepreneur who directly takes you to a certain position to perform certain tasks on his part, then who are these “indirect employers”? In other words, an indirect employer is an intermediary between the person offering a vacancy and the person who is ready to apply for this vacancy. These are organizations that offer their services in the field of recruiting, personnel service and search. Their activities are paid according to the laws market economy. Moreover, if it is usually beneficial for employers to contact such agencies, then a common person who wants to find a job is often the loser in contact with such personnel officers.

Individuals who have reached the age of 18 have the right to conclude employment contracts as an employer, provided that they have full civil capacity, as well as persons who have not reached the specified age, from the day they acquire civil capacity in full.

Individuals with independent income who have reached the age of 18, but limited by the court in their legal capacity, have the right, with the written consent of the trustees, to conclude employment contracts with employees for the purpose of personal service and assistance with housekeeping.

On behalf of individuals with independent income who have reached the age of 18, but recognized by the court as legally incompetent, their guardians may conclude employment contracts with employees for the purpose of personal service to these individuals and assistance to them in housekeeping.

Minors aged 14 to 18, with the exception of minors who have acquired civil capacity in full, may enter into employment contracts with employees if they have their own earnings, scholarships, other incomes and with the written consent of their legal representatives (parents, guardians, trustees).

The rights and obligations of the employer in labor relations are exercised:

• an individual who is an employer;
• management bodies of a legal entity (organization) or persons authorized by them in the manner prescribed by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulations.

According to the obligations of the employer - institutions financed in whole or in part by the owner (founder) arising from labor relations, as well as the employer - state-owned enterprises, the owner (founder) bears additional responsibility in accordance with the Federal Law and other regulatory legal acts of the Russian Federation.

The basic rights and obligations of the employer are defined in Art. 22 of the Labor Code of the Russian Federation.

The employer has the right:

• conclude, amend and terminate employment contracts with employees in the manner and on the terms established by labor legislation;
• conduct collective negotiations and conclude collective agreements, agreements;
• encourage employees for conscientious efficient work;
• demand from employees the performance of their labor duties and respect for the property of the employer and other employees, compliance with the internal labor regulations of the organization;
• bring employees to disciplinary responsibility and material liability in the manner prescribed by the legislation of the Russian Federation;
• adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs);
• create associations of employers in order to represent and protect their interests and join them.

The employer is obliged:

• comply with labor legislation and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and employment contracts;
• provide employees with work stipulated by the employment contract;
• ensure labor safety and conditions that meet the requirements of occupational health and safety;
• provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;
• provide workers with equal pay for work of equal value;
• pay in full the wages due to employees within the time limits established by the Labor Code of the Russian Federation, the collective agreement, the internal labor regulations of the organization, labor contracts;
• conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by law;
• provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;
• timely comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws, other regulatory legal acts containing labor law norms;
• consider the submissions of the relevant trade union bodies, other representatives elected by the employees about the revealed violations of laws and other regulatory legal acts containing labor law norms, take measures to eliminate them and report the measures taken to these bodies and representatives;
• to acquaint employees against signature with the adopted local regulations directly related to their work activities;
• create conditions that ensure the participation of employees in the management of the organization in the forms provided for by law and the collective agreement;
• provide for the everyday needs of employees related to the performance of their labor duties;
• carry out compulsory social insurance of employees in the manner prescribed by the Federal Law;
• compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the conditions established by laws and other regulatory legal acts;
• perform other duties stipulated by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms, a collective agreement, agreements and employment contracts.

Source: https://malina-group.com/rabotodatel/

What is the Labor Code of the Russian Federation and what issues does it regulate?

The Labor Code of the Russian Federation is a set of labor laws that govern labor relations between employees and employers. With the help of these laws, the basic rights and obligations of the parties involved in the labor process are established.

With the help of TC, they create optimal working conditions and there is an agreement in labor disputes under the laws. The Labor Code guarantees employees the right to protection of dignity, social insurance, compensation for harm caused to the health of an employee in the course of work.

The Labor Code of the Russian Federation was adopted on 30.12. 2001 and has the designation 197-FZ. In the process of using the TC, as necessary, changes and additions are made to it related to the new requirements of working life. The TC of the 2016 version consists of 424 articles placed in 62 chapters, 14 sections and 6 parts.

Who needs to know TK?

Employees need to know the main provisions of the laws in order not to be deceived with financial payments, infringed on their rights, including the right to rest.

Employers should be aware of the provisions of the code in order to ensure all the rights of employees and avoid unnecessary confrontations and conflicts with employees. At the same time, almost all conflicts that arise between the two parties involved in the labor process can be resolved with the help of the TC.

The main provisions of the Labor Code should also be presented to young people who are just entering the labor force. Knowing their rights and obligations described in the Labor Code, they will be able to correctly assess the correctness of the employment contract concluded with the employer.

Thus, with the help of the Labor Code of the Russian Federation, the entire range of relationships that exist in the course of labor activity is regulated.

A Brief History of Labor Law in Russia

The first labor code was adopted in France in 1910. In Russia, labor legislation was introduced in 1918 in the form of the Labor Code (Labor Code). This Labor Code, with amendments and additions, was valid until the adoption of the new Labor Code of the Russian Federation.

Comparison of Labor Code and Labor Code

Compared to the Labor Code, the TC has the following main differences:

1. the Labor Code contains 424 articles, while the Labor Code had only 225 articles. This speaks of expanding the scope of labor laws;
2. The Labor Code is focused on market relations in the country, the diversity of forms of ownership, the acceptance of labor resources as a commodity, while the Labor Code was designed for regulated labor;
3. The Labor Code regulates the whole variety of labor relations without reference to any by-laws. In the Labor Code on issues related to market relations, there were references to other laws;
4. the Labor Code provides a minimum set of rights and obligations for employees and employers, which gives wide scope for the terms of a real labor agreement. Under the Labor Code, all employers and employees had the same set of rights and obligations;
5. TC introduced a new concept " social partnership". Thus, the contractual nature of labor and equality (partnership) of employees and employers are declared;
6. according to the Labor Code, when entering a job, a mandatory written labor agreement is required. According to the Labor Code, such confirmation is not necessary - it was enough to go to work.

First part

Dedicated to the basics of labor legislation, concepts, principles and tasks of the code. It introduced articles related to the prohibition of discrimination in labor activity, forced labor, the delimitation of labor powers between different branches of government, as well as the priority of the Labor Code over other labor laws.

This section provides a general concept of the worker and the employer, defines discrimination in labor activity and forced labor.

At the same time, the concept of forced labor in the Labor Code has a broader interpretation than in the ILO Convention.

In the Labor Code, forced labor also includes cases where the employer does not fully pay wages or forces the employee to work in conditions of danger to his life or health.

In Art. 20 defines the concepts of employee and employer. An employee is a person who has entered into an employment relationship with an employer. An employer can be a natural or legal person.

The second part

Relationships in the sphere of work are considered as social partnership. The basic concepts and principles of social partnership, collective agreement are given. At the same time, social partnership is understood as a system that determines the relationship between employees, employers and authorities. This system should coordinate the interests of the parties involved in the labor process.

The third part

Dedicated to the employment contract, which is the main instrument of labor relations and regulates them from the conclusion to the termination of the contract.

The concept of an employment contract includes the obligations of the employer and the employee.

The employer is obliged to provide conditions for the performance labor actions and pay wages, and the worker must work and observe discipline.

This part of the Labor Code deals with the issues of concluding, amending and terminating an employment contract. It also introduces the concept of the employee's personal data, which the employer is obliged to protect.

In the fourth section of the 3rd part of the Labor Code, the concept of working time is introduced and various options for its use are considered. In accordance with the TC work time- this is the time the employee performs his labor duties in accordance with the employment contract.

Working time also includes some periods of time classified as working time in accordance with the laws of the Russian Federation and the Labor Code of the Russian Federation. At the same time, normal working hours are 40 hours a week.

The 5th section of the third part of the Labor Code is devoted to the concept of rest time, that is, the time at which the employee is released from work and at which he can rest.

This section covers different types rest time - from lunch breaks to paid holidays. In particular, the employee must be given a meal break of at least 30 minutes. Per week to be provided depending on duration working week 1 or 2 days off.

Each employee must be provided annual vacation with payment in 28 days.

Section 6 of the Labor Code is devoted to rationing and remuneration. The concept of wages is introduced, which is a remuneration for work depending on the complexity of the work, the qualifications of the employee. In addition, compensation and incentive payments may be included in the salary.

Fourth part

Here, the labor relations of some categories of workers, such as pregnant women, adolescents, managers, part-time workers, seasonal workers, shift workers, are considered. Also considered are categories such as homeworkers, remote workers, people working in the Far North and other categories of workers.

Fifth part

It is dedicated to the protection of labor rights and freedoms, consideration of labor disputes, including those involving trade unions.

Sixth part

In the final part of the Labor Code, the procedure and terms for the entry into force of this code are given.

Source: http://zakonguru.com/trudovoe/kodeks

Features of the interaction between the employer and the employee

The procedure for interaction between the employer and the employee is fixed in the employment contract.

The agreement defines the rights and obligations of the parties. The conditions of working relationships are limited by labor legislation.

Definition of the concept of employee and employer. Legislative settlement of the issue

The employer and employee are subjects of labor law. The parties to labor relations must have legal capacity, capacity to exercise rights and obligations, and also be responsible for actions.

Employers in addition, they must have a sufficient degree of competence - legally enshrined rights to hire employees and provide conditions for the implementation of obligations under an employment contract. At the legislative level, description and characteristics of participants in labor relations fixed in Art. 20 of the Labor Code of the Russian Federation.

Receive employee status they have a right:

• Individuals, citizens of the Russian Federation.
• Foreign nationals and stateless persons (persons without citizenship) who have legal rights to stay in the country.

To obtain the status of an employer, it is necessary to have legal capacity - the ability to work independently and perform the duties corresponding to the position.

TO employers relate:

1. Legal entities registered and included in the Unified State Register of Legal Entities.
2. Individuals operating as sole proprietors.
3. Citizens recognized as incapacitated, but having an independent income, hiring persons for housekeeping.
4. Other persons entitled conclude employment contracts (for example, representative offices that do not have the status of an organization with an independent balance sheet).

The emergence of the status of an employee and an employer occurs after the conclusion of an employment contract and ends with its termination. In some cases, the rights and obligations continue to operate after the termination of the contract. For example, if an employee's sick leave is open for 30 calendar days after his dismissal, the former employer makes payments.

Basic rights of an employee

The rights and obligations of employees are established in Art. 21 Labor Code of the Russian Federation. Persons hired have the right to participate in the discussion of the terms of employment contracts, to act as full participants in agreements, and to terminate them on their own initiative.

During the implementation of labor relations with the employee the right arises:

• Get a job specified in the employment contract and a place that meets labor protection standards and a special assessment.
• Receive remuneration for the performance of duties in the amount specified in the agreement, order and other internal documents.
• Have a rest (vacation) paid by the employer, the amount and payment of which is established by the Labor Code of the Russian Federation. The employer can improve the conditions for granting leave (pay additional remuneration, increase the number of days of rest), but worsening conditions are not allowed.
• join trade union organizations defending the rights and participate in the conclusion of collective agreements.
• Receive social insurance guaranteed by law and paid for by the enterprise.

In case of violation of rights, the employee has the right to resolve disputes and receive compensation for downtime or non-pecuniary damage. Settlement of disputes arising between employees and employers are carried out at several levels. At the initial stage contentious issues decide permanent or temporary labor commissions created at the enterprise.

If the issue cannot be resolved at the local level, Labor Inspections and the judiciary. If there is evidence of a violation of the rights of the employee, the issue is resolved in his favor.

Employers can only make claims through the judiciary.

If you have not yet registered an organization, then the easiest do it with online services, which will help to generate all the necessary documents for free:

• for IP registration
• LLC registration

If you already have an organization and you are thinking about how to facilitate and automate accounting and reporting, then the following online services come to the rescue, which will completely replace the accountant in your company and save a lot of money and time. All reporting is generated automatically, signed electronic signature and sent automatically online.

• Bookkeeping for sole proprietorship
• Bookkeeping for LLC

It is ideal for individual entrepreneurs or LLCs on the simplified tax system, UTII, PSN, TS, OSNO.
Everything happens in a few clicks, without queues and stress. Try it and you will be surprised how easy it got!

Employee Responsibilities

The duties of an employee are included in the terms of employment contracts, fixed in job descriptions. Persons are warned in advance about the conditions of the internal regulations, the fulfillment of which is mandatory. Acquaintance is made under the signature and before the conclusion of the employment contract.

Worker must:

1. Perform labor duties to the extent specified in the contract and instructions.
2. Comply with the routine and discipline established by the enterprise.
3. Follow the requirements of labor protection and comply with safe behavior workplace and surrounding areas.
4. Carefully treat the property of the employer and ensure its safety.

In the event of emergencies that threaten the health of employees, the integrity of property, the employee is obliged to inform the employer about the circumstances.

The rights and obligations of an employee are discussed in the following video:

Basic rights of the employer

The list of employer's rights is enshrined in Art. 22 Labor Code of the Russian Federation. The employer has the right to hire employees under employment contracts or legal forms. The terms of agreements and their termination must comply with the law.

Based on the provisions of the concluded contracts, the employer has the right to:

• Require the performance of duties by employees, the safety of property and apply disciplinary or material sanctions if they are not complied with.
• Pay incentives for the effective work of employees. To determine the indicators at the enterprise, a Regulation on bonuses is being developed.
• Use the provisions of labor law to protect your own rights. An additional protective measure is joining associations that protect the interests of the employer.

The employer can develop local acts, collective agreements. Documents are coordinated with labor collective and are binding on the persons concerned.

Employer's obligations

The appointment of the employer's duties is reduced to ensuring normal working conditions for employees, enshrined in legislation.

Employer is responsible:

1. To provide the work stipulated by the contract, workplace and remuneration in accordance with the norms of labor agreements and legislation.
2. Comply with payment deadlines.
3. Provide social guarantees and insurance.
4. Create working conditions that comply with safety standards and workplace assessment. Employees must be provided with living conditions necessary for the performance of duties.
5. Provide employees with information regarding working conditions and their changes and acquaint them with documents of internal circulation against signature.

In case of violation of duties, the employer must compensate for the material and moral damage caused to the employee.

For example, if the employer delays issuing work book the employee on the day of dismissal, he will have to restore the person, pay him remuneration in the form of average earnings.

If the employee proves moral distress and the loss of employment opportunities, compensation for the moral damage caused is additionally assigned.

Features of labor relations of a minor employee

The definition of the age at which persons can enter into an employment relationship is given in Art. 63 of the Labor Code of the Russian Federation. Employment capacity arises for employees after they reach 16 years of age. If an individual continues to receive education and has reached the age of 15, an agreement with flexible conditions can be concluded with him.

Additional terms employment of persons continuing their studies:

• The employment agreement must take into account the time free from training.
• The documents include a document on the continuation of education and the mode of time free from study.

With the consent of parents or guardians, a person can be employed from the age of 14. To conclude an agreement, you must have the written consent of one of the parents and guardianship authorities. In the area related to creativity, employment is allowed even at an earlier age. In the absence of permission, an employment contract is not concluded.

Special Requirements for the employment of minors:

• A probationary period for employment is not established (Article 70 of the Labor Code of the Russian Federation).
• An agreement on full liability with a minor is not concluded.
• Harmful or special conditions and professions according to the list approved by the Government cannot be applied to a person.
• When employing a person under the age of 18, prerequisite is the passage of a medical examination (Article 69 of the Labor Code of the Russian Federation).

Minor citizens have the right to a reduced working day and vacation at any convenient time and an additional 3 days of paid rest.

Summary table "Rights and obligations of the employee and the employer"

Medical-pharmaceutical

Employees in the medical and pharmaceutical field have the rights established by law in relation to other specialties and positions. Persons have the right to get a job in the agreed amount and for the remuneration specified in the contract, to have normal working conditions and social guarantees.

IN addition to the list of rights employees get the opportunity to:

• Regularly improve and confirm qualifications.
• Create non-profit professional communities.
• Provide risk insurance.

Employees are required to provide medical care, observe medical secrecy, and improve their skills.

Pedagogical

The rights and obligations of employees of the pedagogical sphere are established in job descriptions. Teachers are entitled to receive extra days vacations and benefits based on length of service.

Benefits for employees are established by departmental laws and by-laws.

Persons conducting activities in educational and preschool institutions, obliged undergo regular medical examinations. In addition, employees must renew their qualifications every 5 years and follow the code pedagogical ethics. For inhumane (cruel) treatment of students, teachers can be fired or prosecuted.

Engineering

Carrying out work in the engineering field is controlled by law. Conducting activities that affect the safety of citizens must be carried out in accordance with established standards. Surveys, design, construction and other areas are subject to control.

Persons conducting engineering activities at enterprises with permits to carry out work must regularly undergo retraining and confirmation of qualifications. The frequency depends on the category of the post.

Social

Sphere social services- a special area that requires skills in pedagogy and psychology. The rights and obligations of employees are set out in service and job descriptions. There are no special qualification requirements. The conditions for professional suitability are personal qualities and the ability to interact with other personalities.

Accounting

Accountants must have special education. For executives (chief accountants and their deputies) there are special requirements for the presence of higher specialized education. Persons with certificates of professional chief accountants are required to improve their qualifications annually.

The rights of workers are established in the Labor Code of the Russian Federation and do not differ from the working conditions of other professions.

In labor protection, etc.

Occupational safety is an area that receives considerable attention. Legislation has developed requirements for briefing at the workplace, assessment of working conditions and other measures aimed at the safety of persons.

Persons responsible for occupational safety should receive special training in training center and confirm knowledge with a certificate. It is allowed to undergo training by the head with the subsequent transfer of knowledge to the employee responsible for labor protection at the enterprise. If there is work with harmful conditions Labor training of an employee in charge of labor protection is carried out exclusively in training centers.

The obligations of the employer in the field of labor protection are set out in the following video.
Part 1.

Article 20 of the Labor Code of the Russian Federation with comments and changes in 2019-2020.

The parties to labor relations are the employee and the employer.

An employee is an individual who has entered into an employment relationship with an employer.

Unless otherwise provided by this Code, other federal laws, persons who have reached the age of sixteen years, and in the cases and in the manner established by this Code, also persons who have not reached the specified age, have the right to enter into labor relations as employees.

Employer - an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In cases stipulated by federal laws, another entity entitled to conclude employment contracts may act as an employer.

For the purposes of this Code, employers-individuals are recognized as:

• individuals duly registered as individual entrepreneurs and engaged in entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities (hereinafter referred to as employers - individual entrepreneurs). Individuals who, in violation of the requirements of federal laws, carry out the specified activity without state registration and (or) licensing, who have entered into labor relations with employees in order to carry out this activity, are not exempt from the obligations imposed by this Code on employers - individual entrepreneurs;
• individuals entering into labor relations with employees for the purpose of personal service and household assistance (hereinafter referred to as employers - individuals who are not individual entrepreneurs).

The rights and obligations of the employer in labor relations are exercised by: an individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them, other persons authorized to do so in accordance with federal law, in the manner established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organization) and local regulations.

Individuals who have reached the age of eighteen have the right to conclude employment contracts as employers, provided that they have full civil capacity, as well as persons who have not reached the specified age, from the day they acquire civil capacity in full.

Individuals with independent income, who have reached the age of eighteen, but limited by the court in their legal capacity, have the right, with the written consent of the trustees, to conclude employment contracts with employees for the purpose of personal service and assistance with housekeeping.

On behalf of individuals who have an independent income, who have reached the age of eighteen, but have been recognized by the court as legally incompetent, their guardians may conclude employment contracts with employees for the purpose of personal service to these individuals and assistance to them in housekeeping.

Minors between the ages of fourteen and eighteen, with the exception of minors who have acquired civil capacity in full, may conclude employment contracts with employees if they have their own earnings, scholarships, other incomes and with the written consent of their legal representatives (parents, guardians, trustees).

In the cases provided for by parts eight to ten of this article, legal representatives (parents, guardians, trustees) of individuals acting as employers bear additional liability for obligations arising from labor relations, including obligations to pay wages.

For the obligations of the employer - a legal entity arising from labor relations, the owner of the property, the founder (participant) of the legal entity bears subsidiary liability in cases where federal laws and other regulatory legal acts of the Russian Federation establish subsidiary liability of the owner of property, the founder (participant) for the obligations of the legal entity .

Commentary on Article 20 of the Labor Code of the Russian Federation:

1. Article 20 of the Labor Code of the Russian Federation establishes that the parties to labor relations are the employee and the employer.

The initial age for an individual to enter into an employment relationship is 16, but under certain conditions - 15 years. For students with the consent of one of the parents (guardian, trustee) and the guardianship and guardianship authority, the age for entering into labor relations is reduced to 14 years.

In theatrical and entertainment organizations and in cinematography, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, to conclude an employment contract with persons under the age of 14 to participate in the creation and (or) performance (exhibition) of works without damage health and moral development (see comments to article 63). The employment contract on behalf of the employee in this case is signed by his parent (guardian). The permit of the body of guardianship and guardianship shall indicate the maximum allowable duration of daily work and other conditions under which work may be performed.

The Labor Code does not establish an age limit for entering into an employment relationship; the exception is a certain range of jobs and positions. Thus, according to the Law on the State Civil Service, the age limit for being on public office public service- 65 years old. However, even after reaching this age, you can enter into an employment relationship to perform work where there is no age limit.

2. The other side of the labor relationship is the employer. The Labor Code determines that it can be an individual or a legal entity.

Most employers are legal entities. Individuals are employers if they are engaged in entrepreneurial activity unincorporated or enter into an employment relationship with others for personal service and household assistance.

In accordance with the wording of Article 20 of the Labor Code of the Russian Federation, employers are also recognized as private notaries, lawyers who have established lawyer offices, and other persons whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, who have entered into labor relations with employees in order to implement the specified activity. They bear to the employees who have entered into labor relations with them all the duties that the Labor Code imposes on employers - individual entrepreneurs. The implementation by them of the specified activity in violation of the requirements of federal laws without state registration and (or) licensing does not relieve them of the obligations of the employer.

As an individual entrepreneur, an individual has the right to use the labor of an employee. The age at which a citizen can be an employer is 18 years. From this age, according to the Civil Code, full legal capacity comes. There may be cases when an individual acts as an employer - an individual entrepreneur and up to the age of 18. Article 21 of the Civil Code provides that in the case when the law allows marriage before the age of 18, a citizen who has not reached the age of 18 acquires legal capacity in full from the time of marriage. Therefore, individuals who are married before the age of 18 can be employers. The Labor Code also resolves the issue of concluding employment contracts for the purpose of personal service and household assistance by employers - individuals who are limited by the court in their legal capacity or recognized by the court as incapable. In the first case, individuals have the right to conclude labor contracts with the written consent of the trustees, in the second case, on behalf of individuals, labor contracts with employees can be concluded by their guardians. The conclusion of employment contracts with the written consent of the trustees or on behalf of individuals by their guardians is possible if the individual has an independent income and has reached the age of 18.

Article 20 of the Labor Code of the Russian Federation with comments provides that minors aged 14 to 18 can also be employers. They have been granted the right to conclude employment contracts with employees under two conditions: they must have their own earnings, scholarships, other income and the written consent of their legal representatives (parents, guardians, trustees).

In all cases when the procedure for concluding labor contracts is associated with the participation of legal representatives of individuals acting as employers, they bear additional liability. This liability arises from obligations arising from the employment relationship, including obligations to pay wages.

So that the organization can be an employer, i.e. be in an employment relationship with an employee, it must meet the characteristics of a legal entity. In accordance with Art. 48 of the Civil Code, a legal entity is an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court.

All organizations acting as a legal entity, in accordance with Art. 50 of the Civil Code are divided into commercial organizations that pursue profit making as the main goal of their activities, and non-profit organizations that do not have profit making as such a goal and do not distribute the profit received among the participants.

Commercial organizations are created in the form business partnerships and societies production cooperatives, state and municipal unitary enterprises. Organizational and legal forms non-profit organizations are consumer cooperatives, public or religious organizations(associations), charitable and other foundations.

A legal entity is considered established from the moment of its state registration, and from that date it can act as an employer.

The legal status of a legal entity is determined by its charter, or the constituent agreement and the charter, or only the constituent agreement. In cases provided for by law, a legal entity that is not commercial organization, can act on the basis of general position about this type of organization.

These documents contain the name of the legal entity, its location, the procedure for managing the activities of the legal entity, as well as other information provided for by the relevant law.

Since the constituent documents of legal entities, as a rule, provide for the subject and goals of their activities, they play an important role in determining the professional and qualification composition of employees with whom the employer can conclude employment contracts.

Among employers, in addition to legal entities and individuals, another entity is named, endowed with established by law the right to conclude employment contracts. Such a subject may be, for example, a local self-government body, if this is indicated in the federal law.

Due to the fact that the Labor Code names legal entities, branches, representative offices as employers, they cannot be employers. According to Art. 55 of the Civil Code branches, representative offices are not legal entities. They are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it. Their leaders, speaking in civil circulation, act by proxy of a legal entity.

The head of a branch or representative office may have a power of attorney giving him the right to hire and dismiss employees, however, in this case, the branch or representative office is not an employer. The employer in relation to the employees of the branch, representative office is a legal entity, on behalf of which the head of the branch, representative office exercises the authority to conclude an employment contract and terminate it. If the head of a branch, representative office is not authorized to hire, labor relations with employees of a branch, representative office arise on the basis of an employment contract concluded by the legal entity itself.

3. Article 20 of the Labor Code of the Russian Federation states that the rights and obligations of the employer in labor relations are directly exercised only by the employer who is an individual. All other employers exercise their rights and obligations through management bodies or persons authorized by them. in state and municipal enterprises the governing body is the head, who is appointed by the owner or a body authorized by the owner and is accountable to him. His rights and obligations are defined by the Civil and Labor Codes, the Law on State and Municipal Unitary Enterprises, and by-laws. For the first time in the practice of codifying labor legislation, the work of the head of an organization is regulated directly by the Labor Code (see comments to Chapter 43 "Peculiarities of regulating the work of the head of an organization and members of the collegial executive body of an organization").

Importance for legal status the head of the organization have Decree of the Government of the Russian Federation of December 3, 2004 N 739 "On the powers of federal executive bodies to exercise the rights of the owner of federal state property unitary enterprise"(SZ RF. 2004. N 50. Art. 5074) and Order of the Ministry of Economic Development of Russia dated March 2, 2005 N 49 "On approval of an exemplary employment contract with the head of a federal state unitary enterprise" (BNA RF. 2005. N 23).

In non-state organizations, the rights and obligations of the employer are exercised by its executive management bodies. According to the Law on joint-stock companies management of the current activities of the company is carried out by the sole executive body of the company (director, general director) or the sole executive body of the company (director, general director) and the collegial executive body of the company (board, directorate). Executive body of the company (Director, CEO) approves the states, issues orders and gives instructions that are binding on all employees of the company. Similar governing bodies are available in companies with limited liability. The Law on LLC, in more detail than the Law on Joint Stock Companies, defines the rights and obligations of the executive bodies of a limited liability company in exercising its labor legal personality. Article 40 of the LLC Law provides that the sole executive body of the company issues orders on the appointment of employees of the company, on their transfer and dismissal, applies incentive measures and imposes disciplinary sanctions.

All other legal entities also have management bodies that exercise the rights and obligations of the employer in accordance with the Labor Code, other laws and other regulatory legal acts (federal and constituent entities of the Russian Federation), regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents legal entity (organization) and local regulations.

4. Article 20 of the Labor Code of the Russian Federation, listing the basic rights and obligations of the employer, also reproduces the provision of the Civil Code, which establishes that an institution can be budgetary or autonomous. State-financed organization is liable for its obligations with the funds at its disposal, and an autonomous institution is liable for its obligations with all property assigned to it, with the exception of immovable property and especially valuable movable property assigned to an autonomous institution by the owner of this property or acquired by an autonomous institution at the expense of allocated by such an owner funds. The owner of the property of an autonomous institution is not liable for the obligations of an autonomous institution (Article 120 of the Civil Code). The activities of the institution are fully or partially financed by the owner (founder) through the transfer to the institution Money or securing other property to him on the right operational management. If these funds are insufficient, the obligations arising from the employment relationship, in particular wages are assigned additionally to the owner (founder) in accordance with federal laws and other regulatory legal acts.