Explanation.

Art. 63 of the Labor Code of the Russian Federation:

Conclusion employment contract allowed with persons who have reached the age of sixteen years.

In cases of receiving general education, or continuing to master the main general education program of general education in a form of education other than full-time, or leaving a general education institution in accordance with federal law, an employment contract may be concluded by persons who have reached the age of fifteen to perform light work that does not cause harm their health.

With the consent of one of the parents (trustee) and the body of guardianship and guardianship, an employment contract may be concluded with a student who has reached the age of fourteen years, to perform light work in his free time from school, which does not harm his health and does not violate the learning process.

In cinematography organizations, theaters, theater and concert organizations, circuses, 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 fourteen years to participate in the creation and (or) performance (exhibition ) works without prejudice to health and moral development. The employment contract on behalf of the employee in this case is signed by his parent (guardian). The permission of the body of guardianship and guardianship indicates the maximum allowable duration daily work and other conditions under which the work may be performed.

Answer: 1

Indicate the circumstance that prevents marriage in accordance with the existing Russian Federation legislation.

1) the absence of property among those entering into marriage

2) the presence of restrictions in the physical capabilities of those entering into marriage

3) lack of general secondary education among those entering into marriage

4) the presence of close kinship between persons entering into marriage

Explanation.

Even in the ancient world, it was taboo to mix blood.

The correct answer is number 4.

Answer: 4

Are you saying that disabled people cannot marry?

Guest 11.07.2012 16:15

Tell me, what article prohibits close relatives from marrying?

Anastasia Smirnova (St. Petersburg)

Article 14 of the Family Code of the Russian Federation.

Which of the following governs family law?

1) receiving an inheritance by will

2) the procedure for obtaining citizenship

3) the procedure for paying child support

4) the procedure for acquiring real estate

Explanation.

Alimony - funds that, in cases established by law, some family members are obliged to pay for the maintenance of other family members who need it.

Answer: 3

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

Which of the following applies to the property obligations of the spouses:

1) choice of residence

2) payment of alimony

3) relationships in the family based on mutual assistance, respect, care

4) choice of surname

Explanation.

Alimony - funds (in cash or in kind) for food (maintenance), which the law obliges to pay one of the spouses to the other, a parent to a minor child, an adult child to an elderly parent, etc. They can be paid/transferred voluntarily or compulsorily, in a judicial proceeding.

Answer: 2

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

What situation is governed by family law?

1) Citizen K. was denied marriage with a minor citizen JI.

2) citizen M. entered into an agreement with citizen N. to purchase an apartment

3) citizen O. refused to participate in the theft of the computer

4) citizen P. did not pay for the bus fare

Explanation.

Family law regulates the procedure for entering into marriage and its dissolution, adoption.

The second and third -  this is civil law.

The fourth one is  administrative.

The correct answer is number 1.

Answer: 1

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

What situation is regulated by labor law?

1) citizen R. filed an application with the court for the division of property with his ex-wife

2) citizen S. was hired for a probationary period

3) citizen T. was found not guilty by the court and released right in the courthouse

4) citizen U. drove a car while intoxicated

Explanation.

Labor Code regulates the procedure for employment, dismissal, drawing up an employment contract.

The correct answer is number 2.

Answer: 2

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

The procedure for hiring and dismissal, payroll, rest time are regulated

1) the Constitution of the Russian Federation

2) Civil Code

3) Labor Code

4) Criminal Code

Explanation.

The Constitution of the Russian Federation is the fundamental law of the Russian Federation, a normative legal act with the highest legal force, fixing the foundations of the constitutional order, the state structure, the formation of representative, executive, judicial authorities and the system local government rights and freedoms of man and citizen.

Civil Code of the Russian Federation (CC of Russia) - a code of federal laws of the Russian Federation governing civil law relations. The Civil Code takes precedence over other federal laws and other normative legal acts in the field of civil law.

Labor Code of the Russian Federation - codified legislative act(code) on labor, Federal Law No. 197-FZ of December 30, 2001. It was put into effect on February 1, 2002 instead of the Code of Labor Laws of the RSFSR (Labor Code of the RSFSR) of 1971 that was in force before it. The Code defines labor relations between employees and employers and takes precedence over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation,

Decrees of the Government of the Russian Federation, etc.

The Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) is the main and only source of criminal law, the only normative act that establishes the criminality and punishability of acts on the territory of the Russian Federation - Russia.

The correct answer is number 3.

Answer: 3

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

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

Explanation.

The conclusion of an employment contract is allowed with persons who have reached the age of 16 years.

The correct answer is number 1.

Answer: 1

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Demo version of the USE-2013 in social studies.

According to the Labor Code of the Russian Federation, the duty of the employer is

1) conclude, amend and terminate employment contracts with employees

2) provide employees with equal pay for work of equal value

3) encourage employees for conscientious work

4) bring employees to disciplinary responsibility

Explanation.

Obligations of the employer under the Labor Code of the Russian Federation:

The employer is obliged:

− comply with labor legislation and other normative legal acts containing labor law norms, labor contracts and agreements;

− provide employees with work stipulated by the employment contract;

− ensure safety and working conditions that comply with state regulatory requirements for labor protection;

- 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 in accordance with this Code, the collective agreement, internal labor regulations, labor contracts;

− conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by this Code;

-provide employees' representatives with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;

− to acquaint employees against signature with the adopted local regulations that are directly related to their work activities;

− promptly comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms, other federal bodies executive power exercising state control (supervision) in the established field of activity, pay fines imposed for violations of labor legislation and 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 labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to these bodies and representatives;

− create conditions that ensure the participation of employees in the management of the organization in the forms provided for by this Code, other federal laws 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 accordance with the procedure established by federal laws;

− 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 terms established by this Code, other federal laws and other regulatory legal acts of the Russian Federation;

The correct answer is numbered: 2.

Answer: 2

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Center. Option 1.

The conditions that must be met in order to enter into a marriage are

1) reaching the age of 21

2) complete secondary education

3) mutual consent of the bride and groom

4) the presence of the groom's own earnings

Explanation.

Marriage is a voluntary union of a man and a woman, established in accordance with the procedure established by law.

Answer: 3

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Center. Option 6.

According to the Labor Code of the Russian Federation, an individual who has the right and opportunity to work under an employment contract is called

1) an employee

2) employer

3) hard worker

4) partner

Explanation.

An employee is a subject of labor law, an individual working under an employment contract with an employer. The legal status of an employee is determined by labor legislation, labor and collective agreements.

The correct answer is numbered: 1.

Answer: 1

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Siberia. Option 1.

According to the Labor Code of the Russian Federation, an individual who has the right and opportunity to work under an employment contract is called

1) employer

2) partner

3) an employee

4) hard worker

Explanation.

An employee is a subject of labor law, an individual working under an employment contract with an employer. The legal status of an employee is determined by labor legislation, labor and collective agreements

The correct answer is numbered: 3.

Answer: 3

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Siberia. Option 5.

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

1) "natural person"

2) "entrepreneur"

3) "employed"

4) "employer"

Explanation.

The employer is one of the subjects of labor law. According to Art. 20 of the Labor Code of the Russian Federation, the employer is a legal entity, an individual, a public entity entered into an employment relationship with the employee.

The correct answer is numbered: 4.

Answer: 4

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Siberia. Option 6.

According to the Labor Code of the Russian Federation, an individual or legal entity that has entered into an employment relationship with an employee is called

1) director

2) managerA mandatory condition of the employment contract is

1) registration of compulsory social insurance of an employee

2) test when applying for a job

3) acceptance by the employee of non-disclosure obligations

4) improvement of the social and living conditions of the worker

Explanation.

Only 1 is correct.

The following conditions are mandatory for inclusion in an employment contract, in accordance with Article 57 of the Labor Code of the Russian Federation:

−information about the identity documents of the employee and the employer - an individual*;

− identification number of the taxpayer (for employers, except for employers - individuals who are not individual entrepreneurs) *;

- place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating the separate structural subdivision and its location;

- labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee); if, in accordance with federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation;

- the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;

− conditions of remuneration (including the size of the tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);

− the mode of working time and rest time (if for a given employee it differs from general rules operating for this employer);

-compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;

− conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

− a condition on compulsory social insurance of an employee in accordance with the Labor Code of the Russian Federation and other federal laws;

− other conditions in cases stipulated by labor legislation and other normative legal acts containing labor law norms.

Subject area: Law. Basic rules and principles of civil procedure

marriage is not allowed

2) close relatives

3) adoptive parents and adopted children

4) persons, of which at least one is recognized by the court as incapable due to a mental disorder.

The correct answer is numbered: 4.

Answer: 4

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

1. Deadline for registration of an employment contract by an individual/employer:

A. 7 days

B. 10 days from the conclusion

D. 1 month

2. When an employment contract is not required in writing:

A. if it is a special form of contract - a contract.

B. an employment contract with a minor employee.

B. organized recruitment of workers.

G. an employment contract with a young specialist.

3. Where is the employment contract, which is concluded with an individual enterprise, registered?

A. At the Department of Justice

B. In a pension fund

B. In the tax service

G. In the state employment fund.

4. Who develops and accepts collective agreement :

A. in a referendum.

B. at a session of the Federal Assembly.

V. at a meeting of the heads of an enterprise, firm, organization.

G. at a general conference labor collective.

5. The parties to the conclusion of a collective agreement are:

A. Employer (individual) and employee.

B. chairman trade union committee and workers.

B. the owner or a person authorized by him and the labor collective.

D. committee on labor disputes and employees.

6. The moment of commencement of the employment contract is considered:

A. 5 days after signing.

B. from the moment of conclusion.

V. after state registration.

G. from the moment of the proclamation of the employment contract.

7. Employment test does not apply to:

A. Persons of retirement age

B. Conscripted

B. Disabled people

D. Employees under 18 years of age.

8. The effect of the collective agreement of the enterprise extends to:

A. only for administration.

B. on all subjects (members) of the enterprise, except for the heads of this enterprise.

V. only for temporary workers.

D. For all members (subjects) of the enterprise.

9. It is not a guarantee of ensuring the rights of citizens to work:

A. equality of labor rights of citizens.

B. free choice of activity.

B. compensation for material expenses in connection with the direction to another locality.

D. race.

10. Types of employment contract by duration:

A. urgent, indefinite, for the duration of a certain work.

B. Urgent, indefinite.

B. Short-term, medium-term, for the duration of a certain work.

G. Short-term, seasonal, long-term.

11. Local sources of labor law are ...

A. Normative legal acts adopted by the government of the Russian Federation.

B. Normative-legal acts adopted by the federal assembly.

C. Legal acts adopted by meetings of collectives at the level of enterprises, institutions, organizations.

G. Normative - legal acts adopted by the President of the Russian Federation.

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

A. passport

B. birth certificate

B. work book

G. diploma

13. In case of property reorganization, the collective agreement continues to be valid during the period

A. the term for which it is concluded.

B. 10 days from the date of reorganization.

V. continues to operate for an unlimited period of time.

G. terminates immediately after the completion of the reorganization.

14. As a general rule, the period of probation for employment cannot exceed:

A. 20 days.

B. Two weeks.

B. Depending on the field of activity 1-3 months.

D. 3 months.

15. Probation for workers is:

A. 3 months.

B. 1 month

D. 6 months.

16. An unreasonable refusal to hire is prohibited in the following cases:

A. The person applying for the job has a previous conviction.

B. The person is registered in another region of the country.

B. No way.

D. Provided by law

17. An employment contract may be terminated on the initiative of:

A. Owner, employee, trade union.

B. Owner, employee, police officers.

B. Employee, members of his family.

G. Trade union body, head of personnel department

18. Transfer of an employee to another enterprise, or transfer to another position is possible when:

A. Consent of the employee.

B. Workflow Necessities.

B. Leadership requirement

G. Strictly by the decision of the labor collective.

19. The scope of contracts is determined by:

A. Parties to the employment contract

B. RF legislation

B. The Constitution of the Russian Federation.

G. Trade unions.

20. A person may independently conclude an employment contract at the age of:

A. from the age of 14

B. from the age of 20

V. from the age of 16

G. from 18 years old

21. Duration of the disciplinary sanction:

B. 6 months

D. 2 weeks

22. The day of the complete dismissal of an employee from work is considered:

A. Last day of work

B. Following the last day of work

B. Date of issue work book

D. The next day, after the day the work book was issued

23. Determine whether the employer is obliged, in the event of dismissal of an employee at the initiative of the employer, to issue a copy of the order to the employee:

A. Obliged under any circumstances

B. Not required.

B. Required if the employee requires

G. Required, only with the permission of the head of the personnel department

24. Truancy is considered:

A. Absence from the workplace for more than 3 hours

B. Absence from work for more than 3 hours

B. Absence from the workplace during the day

D. Absence from work for more than 2 days

25. With a 6-day working week, the duration of work cannot exceed:

A. 7 hours

B. 8 hours

At 6:00

D. 5 hours

26. The beginning and end of the working day is provided for:

A. In the Russian law on collective agreements

B. Internal labor regulations and shift schedules

B. In the company's charter

G. In the decree of the government of the Russian Federation

27. Night is considered working time With:

A. from 20.00 to 8.00

B. from 18.00 to 6.00

V. from 22.00 to 6.00

G. from 23.00 to 7.00

28. For which employees the reduced working time is set and is 34 hours a week:

A. for students working in summer vacation at the age of 14-15

B. for pensioners

B. for the disabled

G. for employees aged 16-18

29. What document is the only evidence of the employee's labor activity.

A. Employment contract

B. Work book

B. Order of employment

D. All of the above options

30. The sources of labor law include:

A. Only regulatory legal acts that make up the system of labor legislation

B. Any normative legal acts that contain norms aimed at regulating labor relations.

B. All regulatory and legal acts that contain the norms of employee behavior

D. All legal acts that regulate wages.

31. In the subject of labor law, the central place is occupied by relations

A. between employees of the same organization

B. labor

B. in the field of labor organization

32. As a general rule, you can enter into an employment relationship as an employee with

A. sixteen years old

B. eighteen years old

B. fourteen years old

33. One of the basic concepts of labor law are:

A. labor relations, labor discipline

b. administrative responsibility, labor code of the Russian Federation

in. employment center, personnel department

33. Night time continues from:

22 hours to 6 hours;

23 hours to 6 hours;

00 hours to 7 hours.

34. Doing work as a punishment for participating in a strike is:

Forced labor;

Labor discrimination;

Way legal protection employer.

35. The subject of labor law are:

Labor and other directly related relations;

Independent entrepreneurial activity without hiring other workers;

Business cooperation between organizations.

36. Labor law governs public relations on:

Liability of employers and employees in the field of labor;

Off-duty time of employees;

Voluntary insurance of employees against industrial accidents;

37. Subjects of labor law are not:

Citizens who carry out independent activity on the Internet (freelance), without official registration;

Labor arbitrations;

trade union organizations.

Test number 38. The principle of labor law is:

Assistance to citizens in employment;

Compensation for harm that was caused to an employee at work, at the sole discretion of the employer;

Prevention of strikes.

39. Method legal regulation in labor law is:

A set of means and methods of influencing the subject of labor law, that is, labor and directly related legal relations;

The totality of those areas in which labor law operates;

The main beginning, the idea on which the ordering of labor relations is based.

40. The labor law method is characterized by:

An integrated approach and close connection with the subject of labor law;

In a uniform way of establishing the rights and obligations of the parties, which are prescribed exclusively by the Labor Code of the Russian Federation;

The presence of only imperative ways of regulating labor relations.

41. What is the minimum duration lunch break according to the Labor Code of the Russian Federation?

30 minutes;

60 minutes;

20 minutes.

42. How many days can an employee receive as additional paid leave for irregular working hours?

At least three;

At least five;

At least seven.

43. What is included in the length of service that allows an employee to take annual basic paid leave?

The period of forced time off in case of illegal dismissal;

The period when the employee was absent from the workplace without good reasons;

The time of leave to care for a child who has not reached the age established by law.

44. What is the maximum share of non-monetary wages?

20% of accrued wages;

10% of the salary for the position;

30% of the average salary accrued to the employee for a certain period.

45. Test. What is not included in the payslip?

The amount of payments already made for previous periods of work;

The amount of deductions made from wages for the current period of work;

Components of wages.

46. ​​What is the minimum part of the salary that must remain with the employee after all deductions, including deductions on writ of execution and recovery of alimony for minor children?

47. Does a civil servant have the right to suspend work if he is detained wages more than 15 days?

No, it doesn't;

Yes, it does, if it notifies management in writing;

Yes, it does anyway.

48. How are the first two hours of overtime paid?

Not less than one and a half size;

Not less than double;

Just like regular time.

49. What will be recognized as a business trip in this case?

Interrogation by an investigator of a witness in a criminal case in another region;

The next flight on which the flight attendant is sent;

Transportation of goods by a trucker.

labor relations

I option

A. Labor law applies only to the work of an employee.

B. The condition of testing the employee refers to the essential conditions of the employment contract.

V. Labor Code of the Russian Federation provides for the rule that from the day when the employee began to work, the employment contract (even if it was not concluded in writing) entered into force.

D. An employment contract can only be terminated at the initiative of the employee and at the initiative of the employer.

E. As a general rule, young people can start working at the age of 15.

E. In their rights and obligations, underage employees are equal to adults.

2. Fill in the gaps in the diagram:

3. Solve the problem:

The employees of the police department did not receive wages for several months in a row. Notifying management in writing, they decided to suspend work until they were paid back wages.

Did the police officers have the right to stop work? Justify your answer.

A. What are the guarantees when concluding an employment contract?

B. What are the additional guarantees for employees under the age of 18 when terminating an employment contract?

II option

1. Mark the false statements:

A. Under no circumstances is an 11-year-old child entitled to enter into an employment contract.

B. If the minor worker has not passed the mandatory medical checkup without good reason, the employer is obliged to remove him from work.

Q. For 15-year-old workers, normal working hours are reduced by 14 hours per week.

D. Underage workers may be fully liable.

E. An employer can conclude an apprenticeship agreement with an employee who is looking for a job, as well as with an employee of this organization if the employee wants to learn another profession.

E. The employment contract cannot be terminated if the employee is recognized as disabled.

2. Fill in the blanks:

BUT. Social partnership- this is a system of relationships between ________ and ________, which allows you to reconcile the interests of all parties to labor relations.

B. As a general rule, the period of probation of an employee cannot exceed _________.

C. A fixed-term employment contract may be concluded for a period not exceeding _________.

D. The annual basic paid leave for employees under 18 years of age is provided with a duration of ___________.

E. The employer is obliged to keep work books for all employees who have worked in the organization for more than __________.

3. Solve the problem:

16-year-old Sidorenko got a job in a travel company. In the employment contract, which the administration travel company signed with Sidorenko, the following conditions are indicated: 8-hour working day, annual basic paid leave lasting 30 calendar days at a convenient time for Sidorenko. 1 time per year - work in holidays.

What violations of labor law have been committed by the administration of a travel company?

4. Using the text of the Labor Code of the Russian Federation, answer the questions:

A. What is the duration of work on the eve of non-working holidays and weekends?

B. How is wages determined for workers under 18 with reduced hours of daily work?

III option

1. Mark the false statements:

A. If the minor received a basic general education(or, in cases provided for by law, left school), he may start labor activity from 16 years old.

B. In the field of labor protection, working time, rest time, etc. underage workers are given priority over adults.

C. For employees who combine work with education, the employer is obliged to provide basic annual leave longer than for other employees.

D. An employee undergoing training at the expense of the employer does not have the right to terminate the employment contract until he has completed the training.

D. The employment contract may be terminated at any time by agreement of the parties to the employment contract.

E. Truancy, according to the Labor Code of the Russian Federation, is the absence of an employee at the workplace for more than 4 hours without good reason.

2. Fill in the blanks:

A. The date of commencement of work refers to __________ terms of the employment contract.

B. The employee warns the employer of his intention to terminate the employment relationship in writing ________ before the date of termination of the employment contract.

C. In case of violation of the rights of an employee upon termination of an employment contract with him at the initiative of the employer, the employee has the right to apply directly to the court for reinstatement within ______ from the moment of dismissal.

D. Night time in labor law is the time from __ to __.

E. Cash payments established to reimburse the employee for the costs associated with the performance of labor or other duties provided for by federal law are called __________.

3. Solve the problem:

17-year-old Peter got a job during the holidays as a seller in a vegetable tent.

What should be the duration working week at Peter? Will his salary be the same as that of an adult worker? Justify your answer.

4. Using the text of the Labor Code of the Russian Federation, answer the questions:

A. What are the rules for issuing a work book to an employee upon termination of an employment contract?

B. What are the grounds for terminating an employment contract due to circumstances beyond the control of the parties?

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

The sources of labor law are:

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

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

3) laws of subjects of the Russian Federation;

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

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

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

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

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

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

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

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

Employment contracts can be concluded

a) for an indefinite period (termless contracts);

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

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

Identification document (passport);

work book;

Insurance certificate of state pension insurance;

The documents military registration(for those liable for military service);

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

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

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

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

For pregnant women;

For persons under the age of 18;

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

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

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

(contract) are:

1) agreement of the parties;

2) expiration of the employment contract;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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