Labor law. Labor law of the Russian Federation. Presentation Labor law of the Russian Federation presentation

Labor and law (Labor Law)

Laws are needed not only for

to intimidate citizens, but also in order to

to help them.

Voltaire

• Declaration of Rights and Freedoms of Man and Citizen;
• Convention on the Rights of the Child
• Constitution of the Russian Federation;
• Labor Code of the Russian Federation;
• Certain labor laws;
• By-laws;
• Corporate regulations;

Article 37 of the Constitution of the Russian Federation

Work

voluntary

free

safe

right

to rest

we pay

right

for permission

disputes

Parties to labor relations

worker

employer

Citizens as subjects of labor law

Labor

legal capacity

Labor

legal capacity

Labor

legal personality

Labor legal personality

full time

legal personality

part-time work

legal personality

from 15 years old

from 14 years old

• you can get a job and bear all the ensuing responsibilities

• the work must be classified as light;
• work should not cause harm to physical health and morale;
• work should not interfere with studies;
• written consent of one of the parents

General qualities of an employee

worker

Business qualities:

• knowledge
• skills
• experience
• good faith
• honesty
• other

political

beliefs

floor

race,

nationality

attitude

to religion

place

residence

social

origin

property

position

Duties of the parties

Citizen

Employer

rational

use labor

work conscientiously

comply with labor

discipline

to make a conditions

labor

take care of property

pay for labor

comply with standards

labor

carry out promotion

qualifications

After graduating from school, the most active participant in the theater group, the favorite of the school, Natasha Mayorova, tried to enter the theater institute, but was not successful. Without working anywhere, she read books at home, listened to music, and danced. Her parents tried to get her a job as a postman and as an employee of Sberbank paying pensions. However, she refused every time, answering that according to the Constitution, work in our country is free and voluntary and everyone has the right to choose their profession. In addition, forced labor is prohibited in the Russian Federation.

Who is right in this situation: Natasha or her parents?

In connection with the economic crisis and a sharp drop in sales, the store director issued a new corporate act “On the provision of vacations to store employees,” according to which all regular paid vacations were canceled, and vacations could be provided at their own expense.

Can this normative act be recognized as legal?

A law student at the Peoples' Friendship University, who arrived in Russia from Uganda, contacted the grocery store about hiring a loader. A preliminary agreement was reached. The next day, when the student came to work, he was told that the available vacancy had already been filled by another person, Russian by nationality, also a student at one of the Moscow universities.

The Ugandan student viewed this as discrimination. In his opinion, he was refused admission because he belonged to a different race. Knowing Russian laws, he went to court.

What decision should the court make? Why?

Nina Bolotova, having not entered the medical institute after school, got a job there as a laboratory assistant at the anatomy department. When applying for a job, she was told that the salary for this position was

3,000 rubles. However, the institute has very little money (even nothing to pay for electricity!), and therefore the administration can only pay Nina half, i.e. 1,500 rubles.

Is the administration's decision legal? Why?

The librarian of the factory library, Shumilova, was fired for systematic violation of work duties, which was expressed in the fact that she behaved incorrectly in the team (she only spoke badly about everyone, gossiped), and also treated readers rudely, which the library director repeatedly pointed out to her.

Is dismissal legal? Why?

Employment contract

an agreement between an employee and an employer, according to which the employer undertakes to provide work for a specified labor function, to ensure working conditions, and the employee undertakes to personally perform the labor function determined by this agreement, and to comply with the current labor regulations

Parties to the employment contract

employer

worker

Types of employment contracts Art. 58, 61

unlimited

(validity period is uncertain)

(concluded for a period

no more than 5 years)

If the employment contract does not stipulate its validity period, then the contract is concluded for an indefinite period.

The employment contract comes into force from the date of its signing

If the employment contract does not stipulate the start date of work, the employee must begin work on the next day after the contract enters into force

If the employee does not start work on time without good reason within a week, the employment contract is canceled

The employment contract specifies:

• Full name of the employee and name of the employer;
• place of work;
• work start date;
• name of position, specialty, profession;
• employee rights and obligations;
• rights and obligations of the employer;
• characteristics of working conditions;
• work and rest schedule;
• terms of remuneration;
• types and conditions of social insurance directly related to work activity

Age, from which it is allowed conclusion of an employment contract Art. 63

with written consent

one of the parents

getting basic general

education or leaving the educational institution

in accordance with federal law

on one's own

Documents presented when concluding an employment contract Art. 65

• passport or other identity document;
• employment history;
• insurance certificate of state pension insurance;
• military registration documents (for those liable for military service);
• document on education, qualifications or special knowledge

When concluding an employment contract for the first time

work book and insurance certificate

state pension

insurance is issued

employer

• An employment contract is concluded in writing, in two copies, each of which is signed by the parties (Article 67);
• One copy of the contract is given to the employee, the other is kept by the employer (Article 67);
• Hiring is formalized by an order issued on the basis of a concluded employment contract (Article 68);
• For persons under 18 years of age when hiring, a probationary period is not established (Article 70)

Grounds for termination of an employment contract

the day of the employee's dismissal

is his last day of work

expiration

employment contract

on the initiative

employee

agreement of the parties

on the initiative

employer

employee transfer

employee refusal to work due to

with changes in essential conditions

agreement art. 73

circumstances,

independent of the parties

at the initiative of the employee

warn

in writing

in 2 weeks

by agreement of the parties

may be terminated

before the line expires

before the deadline

the employee can

withdraw your application

on the last day the employer is obliged to give the employee

• work book
• make final payment

Termination of an employment contract at the initiative of the employer

• liquidation of the organization;
• reduction in the number of employees of the organization;
• the employee’s inadequacy for the position held;
• change of owner of the organization's property;
• repeated failure by an employee to perform job duties without good reason;
• absenteeism (absence without good reason for more than 4 hours in a row);
• appearing at work in a state of alcohol, drug or other toxic intoxication

Termination of an employment contract according to circumstances, independent of the will of the parties

• conscription of an employee for military service;
• reinstatement of an employee who previously performed this work by court decision;
• not being elected to office;
• condemnation of the employee to punishment in accordance with the court verdict;
• recognition of the employee as completely incapacitated;
• death of an employee

The following people applied to a motor transport company to apply for a job:

• Alexandrov – bus driver;
• Shmeleva - accountant;
• Polyakova - canteen cook;
• Reutova, who graduated from high school, worked as a secretary

What documents must be submitted to these persons?

Work time –

the period of time established by law during which an employee must perform his or her job duties

abbreviated

work time

normal

work time

Types of working time

incomplete

work time

overtime

work time

Normal working hours

1st working day:

• 7 hours with a 6-day work week
• 8 hours with a 5-day work week

2. work shift:

(the time that an employee must work according to the schedule during the day; may be longer than a working day, but it is necessary that the norm established by law be observed within a month)

3. working week:

• should not exceed 40 hours

4. working month

5. working year

Shortened working hours

Installed for certain categories of workers:

1.minors:

• from 16 to 18 years old – 6 hours a day (36 hours a week)
• from 15 to 16 years old, as well as students from 14 to 16 years old working during the holidays - 4 hours a day (24 hours a week)
• students working during their free time - half of the norms indicated for their age (i.e. 18 or 12 hours per week)

2.employed at work with hazardous working conditions:

depending on the severity - 36-hour or 24-hour work week

3.workers whose work involves increased mental, emotional and nervous stress:

36 hours a week

4.workers – disabled people of groups I and II:

36 hours a week

Part-time work

working hours established by agreement of the parties, the duration of which is less than normal time, with payment proportional to the time worked

The employer cannot refuse:

• pregnant women;
• women with children under 14 years of age or a disabled child under 18 years of age;
• person caring for a sick family member

reduction of working hours

reduction in the number of workers

days a week

Overtime work

work performed by an employee at the initiative of the employer outside the established working hours, as well as work in excess of the normal number of working hours during the accounting period

The following are not allowed to work overtime:

• pregnant women;
• workers under 18 years of age

should not exceed 4 hours for two days in a row

must not exceed

120 hours per year

breaks in

during the working day

daily rest

Time relax

weekend

holidays

vacation

LABOR LEGISLATION AND MINORS

Getting a job Article 266

• all persons under 21 years of age are hired only after mandatory preliminary medical examination ;
• workers under 18 years of age are subject to annual medical examination

Prohibitions for certain types of work Art. 265, 268

• hard work;
• hazardous work;
• hazardous work;
• underground works;
• night work;
• overtime work;
• work that harms moral development;
• work associated with full financial responsibility;
• work performed with a long absence from the place of permanent residence

Restrictions on carrying heavy objects Art. 265

• maximum permissible limit when lifting weights

10 kg

• Under no circumstances should teenagers under 18 years of age be hired for work that consists solely of carrying heavy loads.

Labor standards for minors

Art. 92

a) for workers under 16 years of age – 24 hours a week

b) for workers aged 16 to 18 years – 36 hours per week

Art. 94

The duration of daily work cannot exceed:

a) for workers aged 15 to 16 years – 5 hours, for workers aged 16 to 18 years – 7 hours

b) for students of educational institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, from 14 to 16 years old - 2.5 hours, from 16 to 18 years old - 3.5 hours

Leaves granted to minors

Art. 122

• annual paid vacation
• employees under 18 years of age - the right to use vacation for the first year of work can be granted before the expiration of 6 months

Art. 267

• For employees under 18 years of age, annual paid leave is set at least 31 calendar days and can be used at any time of the year convenient for them.

Remuneration for minors

Wages of persons under 18 years of age with reduced working hours are paid in full

Exception (Art. 271)

the work of students of secondary schools and lyceums working in their free time from school is paid in proportion to the time worked or depending on the production rate

After graduating from school, the tall and handsome guy Kostya Albashev went to work in a restaurant as an apprentice cook. After a two-week internship, the restaurant administration noticed his ability to get along with people and good manners and, with his consent, transferred him to the position of a waiter.

Was the transfer made legally? Why?

A trading tent near the house where teenagers, vocational school students Khalilov and Sharov lived, specialized in selling vegetables and fruits. With the consent of the teenagers, they were brought in to unload watermelons every time the permanent workers could not cope on their own. The guys' work was paid by the piece. In addition, the teenagers were entrusted with night guarding the watermelons located in the room attached to the tent. The local police officer informed the labor inspectorate that teenagers were being used for work prohibited by law.

Can the labor inspectorate impose a fine on the owner of a trade stall and at what extent? basis?

Seventeen-year-old Katya Semenova after school got a job at the post office as a telegram delivery person. After working for 3 months, she submitted an application asking for leave, since her mother had purchased two tourist vouchers and she would like to go on vacation with her. The head of the post office refused her request, saying that she still had to earn her leave.

Is refusal legal? Why?

Petya Alekseev, a 10th grade student, decided to work during the summer school holidays. On June 1, he got a job as a janitor in a kindergarten. However, from July 1 to August 1, the children, together with the kindergarten staff, went on summer vacation (to a country dacha). The head of the kindergarten, rightly believing that the kindergarten would need the services of a janitor outside the city, gave Petya the order to collect the necessary working tools and personal belongings by the appointed date. Petya Alekseev refused.

Was it legal for P. Alekseev to refuse to comply with the order of the head of the kindergarten? Why?

After graduating from school, seventeen-year-old Valery Tarasov looked for a job for a long time and was very glad when he was hired at a gas station as a car refueler. But the joy was short-lived: the owner of the gas station was pointed out for violating labor laws.

Is the dismissal of V. Tarasov legal? If so, what can be seen as a violation of labor laws?

UNEMPLOYMENT

… There is nothing more unbearable than idleness.

Charles Darwin

Unemployed

• are able to work;
• have no income;
• registered with the Employment Service in order to find a suitable job;
• looking for a job;
• ready to start at any time

The state is obliged to provide employment to every person, and if this is not possible, then to protect him from unemployment

assistance to citizens

in search of work

professional training

and retraining

payment of benefits for

unemployment

pensioners

persons under 16 years of age

persons who did not appear within

10 days from registration

to offer them a job

persons who refused within

10 days from the date of their registration

from two options

suitable job

Suitable job

• must correspond to the level of professional training of the citizen;
• must meet the conditions of the last place of work;
• health status must be taken into account;
• transport accessibility must be taken into account;
• earnings should not be lower than the average earnings at the last place of work, if it did not exceed the average earnings in the area

Any work can be offered:

• those looking for work for the first time and without a profession
• for those who have been a member for a very long time (more than 18 months) registered for unemployment

Registration of the unemployed

Documentation

registration is underway

within 10 days from the moment of contacting the Employment Service at the place of residence

diploma of education

employment history

certificate of earnings

over the last three months

certificate of residence

(for first-time job seekers)

Training and retraining of the unemployed

The employment service may

send for retraining

The employment service may

send for training

for the period of training (retraining)

scholarship is paid

The employment service pays

to the place of study and back

Employment service (if necessary)

pays living expenses

Unemployment benefit

the cost of living in a subject of the federation

last 60% 45%

earnings of the last one

earnings earnings

minimum wage

3 months 4 months 4 months

unemployment benefit

paid before employment,

but not more than 12 months

if this period has passed and no job has been found,

unemployment benefits are paid,

in the amount of minimum wage

minimum salary / P

Seventeen-year-old Vadim Spiridonov tried unsuccessfully to find a job after graduating from school. He turned to the Employment Service with a request to find him a place or register him as unemployed. There they refused him this, saying that according to the law (Family Code of the Russian Federation), children under 18 years of age must be supported by their parents, and if they do not want this, then let them provide for him themselves.

Who is right in this situation?

Masha Bezuglova, unable to go to college after school and not wanting to sit on her parents’ necks, turned to her city’s Employment Service. At the reception, she told the service workers that she was entering law school and did not want to give up her dream of becoming a lawyer. Masha very much asked that they find her an appropriate job in this regard. However, she was offered a job as a nurse at a city hospital. Considering this job unsuitable for herself, Masha refused.

Description of the presentation by individual slides:

1 slide

Slide description:

2 slide

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Plan Sources of labor law. The concept of labor law. a) principles of labor law; b) subject of legal regulation; 3. An employment contract and its significance in regulating a person’s labor activity. 4. Features of the collective labor agreement.

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Article 37 of the Constitution of the Russian Federation establishes the following provisions: 1. Labor is free. Everyone has the right to freely use their ability to work, choose their type of activity and profession. 2. Forced labor is prohibited. The Constitution of the Russian Federation enshrines: The right to labor safety (Article 37.Part 3) Legislative definition of the minimum wage (Article 37.Part 3) The legally guaranteed right to strike (Article 37.Part 4) The right to rest for workers (Article 37.Part 5)

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LABOR LAW is a branch of law that regulates the relationship between an employee and an employer. Subjects of legal relations Employee is an individual who has entered into labor legal relations with the employer. Employer is an individual or legal entity (organization) that has entered into an employment relationship with an employee. The content of labor relations consists of certain rights and obligations that the parties acquire in the process of labor activity.

6 slide

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Art.2. Labor Code of the Russian Federation Basic principles of legal regulation of labor relations: Freedom of labor, the right to manage one’s ability to work, choose a profession and type of activity. Prohibition of forced labor and discrimination in the world of work. Protection from unemployment and assistance in finding employment. Ensuring the right of every employee to fair working conditions, the right to rest, days off, and paid annual leave. Equality of rights and opportunities for workers Ensuring the right of every employee to timely and full payment of fair wages, not lower than the minimum wage established by federal law. Ensuring the right of workers and employers to associate to protect their rights and interests, including the right of workers to create and join trade unions.

7 slide

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The subject of legal regulation of labor law: The emergence, change, termination of labor relations Duration of working hours and rest time Labor discipline and other The subject of legal regulation of the branch of law is certain social relations.

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Institute of wages Institute of labor contract Institute of working time Institute of rest time, etc. Legal institution is a set of homogeneous legal norms, isolated within the industry. Unlike the industry, it regulates not all certain relationships, but their individual aspects.

Slide 9

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Article 56. Concept of an employment contract. An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to ensure working conditions, and the employee undertakes to personally perform the labor function determined by this agreement and comply with internal labor regulations. The parties to the employment contract are the employer and the employee.

10 slide

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Responsibilities of the employee Responsibilities of the employer 1. Conscientiously fulfill his labor duties assigned to him by the employment contract 2. Comply with internal labor regulations 3. Maintain labor discipline Comply with established labor standards 4. Comply with labor protection and labor safety requirements. 5. Treat the property of the employer and other employees with care 6. Immediately inform the employer about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property 1. Comply with laws and other regulations 2. Provide employees with work stipulated by the employment contract 3. Ensure labor safety and conditions that meet occupational safety and health requirements. 4. Provide workers with equipment, tools, technical documentation and other means necessary to perform their job duties. 5. Provide workers with equal pay for work of equal value. 6.Pay wages in full within the time limits established by law. 7.Provide complete and reliable information to employee representatives. 8. Perform other duties provided for by the Labor Code of the Russian Federation.

11 slide

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The employee has the right to the employer's rights to conclude, amend and terminate an employment contract in the manner prescribed by law; provision of work under an employment contract; a workplace that meets labor safety conditions; timely and full payment of wages; rest and normal working hours; complete reliable information about working conditions and labor protection requirements in the workplace; association, including the right to form trade unions; participation in the management of the organization; protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law; Compulsory social insurance, etc. conclude, amend and terminate employment contracts with employees in the manner prescribed by law; Conduct collective negotiations and conclude collective agreements; Encourage employees for conscientious, effective work; Demand that employees fulfill their labor obligations and take care of the property of the employer and other employees, and comply with internal labor regulations; Bring employees to disciplinary liability; Adopt local regulations, etc.

12 slide

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Duration of concluding an employment contract For an indefinite period (indefinite) For a specified period of not more than five years (fixed-term) An employment contract can be concluded with persons who have reached the age of 16 years. In case of receiving basic general education, an employment contract can be concluded by persons who have reached 15 years of age. With the consent of one of the parents (guardian, trustee) and the guardianship and trusteeship authority, an employment contract can be concluded with a student who has reached the age of 14 years.

Slide 13

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Mandatory conditions when concluding an employment contract: The employment contract indicates: surname, name, patronymic of the employee; name of the employer (last name, first name, patronymic of the employer - individual); specific place of work; work start date; name of position, specialty, profession, qualification; employee rights and obligations; rights and obligations of the employer; characteristics of working conditions; work and rest schedule; terms of remuneration; types and conditions of social insurance. Each employment contract may contain additional conditions: a probationary period, non-disclosure of state or commercial secrets, conditions for training a profession at the expense of the enterprise, etc.

Slide 14

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15 slide

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Termination of an employment contract - Chapter 13. (Articles 77-84) of the Labor Code of the Russian Federation Termination of an employment contract by agreement of the parties; Expiration of a fixed-term employment contract, except for cases where the employment relationship actually continues and neither party has demanded its termination; Termination of an employment contract at the initiative of the employee; Termination of an employment contract at the initiative of the employer; Transfer of an employee at his request or with his consent to another employer or transfer to an elective position; The employee’s refusal to continue working due to a change in the essential terms of the employment contract; Circumstances beyond the control of the parties.

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A collective labor agreement is a legal act that regulates social and labor relations in an organization and is concluded by employees and the employer represented by their representatives. Forms, systems and amounts of remuneration Payment of benefits, compensation Mechanism for regulating wages Working time and rest time Improving working conditions and safety of workers Employment, retraining, conditions for releasing workers Environmental safety and health protection of workers at work Monitoring the implementation of the collective agreement, the procedure for entering into amendments and additions Responsibility of the parties

Slide 17

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A graduate of a vocational college, Inna got a job as a hairdresser. To conclude an employment contract, she brought a work book. What other documents, according to the Labor Code of the Russian Federation, should Inna present to the employer? Write down the numbers under which they are indicated. Extract from financial and personal account Passport of a citizen of the Russian Federation Driver's license Certificate of registration of ownership of residential premises Insurance certificate of state pension insurance Diploma of secondary vocational education Answer: 256

18 slide

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According to the Labor Code of the Russian Federation, one of the obligations of the employer is 1) to bring employees to disciplinary liability 2) to conclude, amend and terminate employment contracts with employees 3) to encourage employees for conscientious work 4) to provide employees with equal pay for work of equal value Answer: 4

Slide 19

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Are the following judgments regarding termination of an employment contract correct? General grounds for termination of an employment contract include A. agreement of the parties, expiration of the employment contract. B. initiative of the employee or employer Only A is correct Only B is correct Both judgments are correct Both judgments are incorrect Answer: 3

20 slide

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Are the following statements about employee rights correct? A. The basic rights of an employee include compliance with labor discipline. B. One of the rights of an employee is to receive complete reliable information about working conditions. 1) Only A is true 2) Only B is true 3) Both judgments are correct 4) Both judgments are incorrect Answer: 2

21 slides

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Read the text in which a number of words (phrases) are missing. Select from the list of words (phrases) that need to be inserted in place of the gaps. “The concerns of trade unions are directly related to the ______________(A) of the work in which their members are engaged. Yet all professional associations have common tasks. The most important of them are improving the ______________________ (B) of the employee and ensuring his safety. They are also concerned about providing _______________(B) to adolescents and women (especially those who are pregnant or have young children). A constant concern of trade unions is to reduce the ____________________ (G) of workers at work or their injuries. It is under the pressure of trade unions that most civilized countries of the world have now adopted __________________ (D) and standards that ensure a reduction in industrial injuries. But in the world of economics, everything has its price. Such activity of trade unions leads to a real increase in the cost of labor for _________________(E). List of terms: 1. working conditions 2. professionalism 3. risk of death 4. special laws 5. benefits 6. wages 7. features 8. firms - buyers 9. insurance

22 slide

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“The concerns of trade unions are directly related to the characteristics of (A) the work in which their members are engaged. Yet all professional associations have common tasks. The most important of them are improving the working conditions (B) of the employee and ensuring his safety. They are also concerned about providing benefits (B) to adolescents and women (especially pregnant women or those with young children). A constant concern of trade unions is reducing the risk of death or injury to workers at work. It is under the pressure of trade unions that most civilized countries of the world have now adopted special laws (D) and norms to ensure a reduction in industrial injuries. But in the world of economics, everything has its price. Such activity of trade unions leads to a real increase in the cost of labor for the buyer company. (E). A B C D E E 7 1 5 3 4 8

Slide 23

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Name and illustrate with examples any three basic employer rights enshrined in the Labor Code of the Russian Federation. Answer: Conclude, change and terminate employment contracts with employees (for example, based on the results of employee certification, the owner of the company decided to terminate the employment contract with employee Yu.) Conduct collective negotiations and conclude collective agreements (the head of the enterprise, participating in collective negotiations to change the collective agreement, proposed his own version of organizing recreation for workers and members of their families). Encourage employees for conscientious, effective work (for example, the director signed an order to reward the best workers of his plant). Demand that employees perform their job duties and take care of the employer’s property, and comply with internal labor regulations (for example, the director of a bus fleet requires that drivers maintain order and cleanliness in the cabin, remind passengers that they should not damage seats or litter on the bus.

24 slide

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What meaning do social scientists give to the concept of “labor law”? Drawing on the knowledge of the social science course, compose two sentences: one sentence containing information about the types of disciplinary sanctions, and one sentence defining the aspects of the labor relationship. Answer: The meaning of the concept: “Labor law is a branch of law that regulates labor relations: conclusion, amendment and termination of employment contracts, working hours and rest time.” The following sentences can be given: - “Disciplinary sanctions are of the following types: reprimand, reprimand, dismissal.” - “The supporters of labor relations are the employee and the employer.”

25 slide

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What meaning do social scientists give to the concept of “employment contract”? Using knowledge from a social science course, compose two sentences: one sentence containing information about the age of concluding an employment contract as a general rule, and one sentence revealing any feature of concluding an employment contract with minor workers. Answer: An employment contract is an agreement between an employee and an employer, establishing their mutual rights and obligations. The following proposals can be given: - The conclusion of an employment contract, as a general rule, is allowed with persons who have reached the age of sixteen years. - An employment contract can be concluded with a student who has reached the age of fourteen years, with the written consent of one of the parents (guardian) or the guardianship authority to perform light labor in his free time from study that does not harm his health and does not disrupt the learning process.

26 slide

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What meaning do social scientists give to the concept of “wages”? Drawing on knowledge from your social studies course, write two sentences: one sentence containing information about forms of wages, and one sentence revealing any of the reasons for persistent differences in wages among workers. Answer: The meaning of the concept, for example: - Payment for labor services provided by employees. - Wages are remuneration that the employer is obliged to pay to the employee in accordance with the quality of his work under the terms of the employment contract. Proposal with information on forms of wages: There is payment in the form of salary, piecework and bonus forms of remuneration. A sentence revealing any of the reasons for persistent differences in wages of workers: One of the reasons for persistent differences in wages is the different qualifications of workers. Other proposals may be made.

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During the summer holidays, 17-year-old schoolboy Pavel decided to get a job as a night watchman in a kindergarten. But the employer refused to hire Pavel. Are the employer's actions legal? Explain your answer. Name any two features of labor regulation for workers under 18 years of age. Answer: 1). the employer’s actions are lawful; 2). clarifications, for example: The Labor Code of the Russian Federation prohibits the employment of persons under the age of 18 at night; 3). two features: an employee under the age of 18: hired without a probationary period; cannot work at night; has the right to a reduced working week; cannot be recalled from leave; has the right to paid leave of 31 calendar days at a time convenient for him. Explanations and features can be given in other, similar formulations.

28 slide

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Make a complex plan for a detailed answer on the topic “Labor relations”. One of the options for a plan for covering this topic: Plan. Definition of labor relations. Participants in labor relations, their rights and obligations: a) employees; b) employers. 3. The conclusion of an employment contract is a necessary condition for the emergence of labor relations. Grounds for termination of an employment contract: a) agreement of the parties; b) expiration of the contract; c) termination of an employment contract at the initiative of the employee; d) violation of labor discipline by an employee; e) liquidation of an organization, etc. 5. Labor dispute and ways to resolve it. 6. Features of the work of minors: a) probationary periods are not allowed; b) reduced working hours; c) reduced production standards; d) vacation of 31 calendar days at any time convenient for the employee, etc. 7) Features of labor relations in modern Russia.

Slide 29

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Make a complex plan for a detailed answer on the topic “Employment contract.” One of the options for a plan for covering this topic: Plan. The concept of an employment contract. The Labor Code of the Russian Federation as the main source of labor law. Types of employment contracts: a) open-ended (for an indefinite period); b) fixed-term (for no more than 5 years). 4) The rights and obligations of the employee included in the employment contract: a) duration of working hours; b) the amount of wages; c) functional responsibilities of the employee; d) duration and frequency of vacations; e) financial responsibility of the employee, etc. 5). Obligations of the employer under the employment contract: a) remuneration of the employee; b) ensuring safe working conditions, etc. 6) Work book – the main document confirming the employee’s work activity and length of service.

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Labor law

Basic concepts and norms of labor law

"Labor" "Work"

Work is not only the basic life activity of a person, his most important need, but also a condition for his well-being.

Job – work activity of a person holding a certain position

1. Labor relations

Constitution of the Russian Federation:

“Labor is free. Everyone has the right to freely use their ability to work, choose their type of activity and profession.”

Labor relations - this is the relationship between an employee and an employer, based on an employment contract and regulated by labor law .

In our society, labor relations are regulated by norms

• Constitution of the Russian Federation,
• Labor Code of the Russian Federation,
• Law “On Employment in the Russian Federation”

Participants in labor relations are called subjects of labor law

employer - an individual or legal entity who has entered into an employment relationship with an employee

worker - an individual who has the right and opportunity to work under an employment contract

The basic rights and obligations of the employee and employer are enshrined in Articles 21 and 22 of the Labor Code of the Russian Federation.

The agreement between the employer and the employee is formalized in the form of an employment contract.

Essence of law

Prohibition of forced labor

Prohibits all work or service required of any person under threat of any penalty, as well as work for which the person has not offered his services voluntarily. The lack of employment of a citizen cannot serve as a basis for holding him accountable. At the same time, the performance of certain public duties is not considered forced labor: - military service; - work in emergency situations; - work on the basis of a court verdict that has entered into legal force

Right to occupational safety

Establishes that everyone has the right to work in conditions that meet safety and hygiene requirements

Essence of law

Legislative definition of the minimum wage

Imposes an obligation on any employer to pay its employees remuneration for labor not lower than the minimum established by law

Legislatively guaranteed right to strike

Guarantees employees the right to voluntarily refuse to perform work duties in order to resolve a collective labor dispute. Its implementation is possible only if conciliation procedures have not led to the resolution of the labor conflict, and also provided that the employer evades conciliation procedures and does not comply with agreements reached during the resolution of a collective labor dispute

Workers' right to rest

Guarantees the length of working hours established by federal law, weekends and holidays, paid annual leave

2. Hiring procedure

Documents for hiring :

• passport,

• employment history ,

• state insurance certificate pension insurance,

• military registration documents

• ,documents on education and qualifications

Employment history

Employment history is the main document about a person’s work activity .

It includes information about the employee, the work he performs, transfers to another permanent job, dismissal from his position.

Based on these records, labor is calculated experience employee. Also, information about rewards for success at work is entered into the work book.

Employment contract

• Employment contract is an agreement between an employer and an employee, according to which
• the employee undertakes: personally perform the labor function determined by this agreement; comply with the internal labor regulations in force in the organization;
• the employer undertakes: provide the employee with work according to the specified labor function (specialty, qualification, position); ensure working conditions provided for by law and pay the employee wages in a timely manner and in full.

Employment contract

Terms of the employment contract

• place of work,
• her character,
• salary,
• The contract can be concluded either for a specific period (no more than five years) or for an indefinite period (indefinite).
• probationary period from three to six months
• the terms of the employment contract may change during the course of work

Employment contract

The contract is concluded

in a written form,

drawn up in two copies, each of which is signed by the employee and the employer.

One copy of the employment contract is given to the employee (you), the other is kept by the employer

The employment contract specifies:

The necessary conditions

Additional terms

Last name, first name, patronymic of the employee

Fare payment to the place of work

(may or may not be)

Name of the employer (full name of the employer - individual)

Specific place of work

Probation

Start date

Providing places

in preschool educational institution for an employee’s child, etc.

Name of position, specialty, profession, qualifications of the employee

Rights and obligations of the employer

Characteristics of working conditions

Work and rest schedule for an employee

Employee remuneration conditions

Types and conditions of employee social insurance

As a general rule, the conclusion of an employment contract is allowed with persons who have reached the age of 16 years.

In some cases, it is possible to conclude an employment contract with 15-year-old teenagers.

To perform light work that does not cause harm to health and does not disrupt the learning process, in free time from school, an employment contract can be concluded with students who have reached the age of 14, but only with the consent of one of the parents (guardian, trustee).

• Collective agreement- a legal act regulating social and labor relations in an organization and concluded by employees and the employer represented by their representatives.

• The collective agreement is concluded for a period no more than three years and usually comes into force from the day it is signed by the parties.
• Its effect applies to all employees of the organization.

The collective agreement includes mutual obligations of employees and employers on the following issues:

- forms, systems and amounts of remuneration;

- payment of benefits, compensation;

- mechanism for regulating wages taking into account rising prices and inflation levels;

- employment, retraining, conditions for releasing workers;

- working hours and rest time of employees;

- improving the working conditions and safety of workers;

- environmental safety and health protection of workers at work;

- control over the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties

Length of the working week for certain categories of workers

Number of hours per week

Normal working hours: - 40 hours

Overwhelming most workers

Reduced working hours: - 36 hours

- Older workers from 16 to 18 years old;

- 35 hours

Workers who are disabled people 1st or 2nd groups

- 30 to 36 hours

Workers employed at work with harmful and (or) dangerous working conditions

- 24 hours

Older workers up to 16 years old

- 12 hours

Students of educational institutions under the age of 18, working during the academic year in their free time

The Labor Code of the Russian Federation establishes only the maximum duration of working hours; its minimum duration is not determined by law.

The Labor Code introduces restrictions on daily working hours.

Overtime work

carried out by the employer with the written consent of the employee in the following cases:

- at carrying out work necessary for the defense of the country, as well as to prevent an industrial accident or eliminate its consequences or a natural disaster;

- at carrying out socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communications and - to eliminate unforeseen circumstances that disrupt their normal functioning;

Overtime work - this is work performed by an employee at the initiative of the employer outside the established normal working hours.

Involvement in overtime work

- if necessary, carry out the work begun, failure to complete which may result in damage or destruction of property or create a threat to the life and health of people;

Involvement in overtime work

- when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

- to continue work if the replacement worker fails to appear, if it does not allow a break.

Time relax - time during which the employee is free from performing work duties and which he can use at his own discretion.

Time relax

Types of rest time

Duration

Breaks during the working day

Peculiarity

No more than two hours

Daily rest

Weekend

and at least 30 minutes

A break for rest and food is not included in working hours. The employee has the right to leave his place

From the end of the shift to the start of the next

Non-working holidays

Most often used for home entertainment and sleep

At least 42 hours

work shift

The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or the internal labor regulations of the organization. Both days off are usually provided in a row

Total number for the year - 11 days

Vacations

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday

At least 28 calendar days

Paid leave must be provided to the employee annually. Recalling an employee from vacation for the purpose of bringing him back to work is permitted only with his consent.

Labor discipline (labor discipline) is obligatory for all employees to obey the rules of behavior determined in accordance with labor legislation, collective agreements, agreements, employment contracts, and local regulations of the organization.

The Labor Code of the Russian Federation provides that the employer is obliged to create the conditions necessary for employees to comply with labor discipline.

Labor protection is a system for preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational, technical, sanitary and hygienic, therapeutic and preventive and other measures.

Labor disputes

Types of labor disputes

Causes

Individual dispute - unresolved disagreements between the employer and employee on the application of laws and other regulatory legal acts containing labor law norms, collective agreements, agreements, employment contracts

Possible solutions

Employee disagreement

with payroll,

Consideration by labor dispute commissions or in court

with a transfer to another job, the imposition of a penalty on him, a change in working conditions, etc.

Labor disputes

Types of labor disputes

Causes

Collective labor dispute - unresolved disagreements between employees and the employer

Possible solutions

Establishing and changing working conditions (including wages), concluding, amending and implementing a collective labor contract, agreements, as well as the employer’s refusal to take into account the opinion of the elected representative body of workers when adopting acts containing labor law norms

Consideration by the conciliation commission; intermediary; labor arbitration

If a solution to the labor dispute is not found, the labor collective has the right to strike.

Strike- temporary voluntary refusal of employees to perform labor duties (in whole or in part) in order to resolve a collective labor dispute.

Strike decision adopted at a general meeting of the labor collective by at least two-thirds of the votes.

Concept of Labor Relations Labor relations are a link in production relations that develop in the process of using hired labor, when a citizen is included in the team of an organization to perform a certain labor function, subject to the rules of internal labor regulations.

Relationships preceding labor Relations preceding labor Relations regarding employment and employment Relations regarding retraining and advanced training Citizen and employment authority Citizen and employer Employment authority and employer

Relations accompanying labor Relations relations accompanying labor Relations regarding material liability Organizational and managerial For supervision and control of compliance with labor legislation of the Employer Employee Relations for the consideration of labor disputes

Social relations related to labor, to which labor law norms do not apply - Labor of military personnel in the process of performing the duties of military service - Labor of members of boards of directors (supervisory boards) - Labor of persons working under civil contracts

Concept Scope of labor law The scope of labor law is the outline of the limit of distribution of labor legislation (labor regulations apply to all workers employed under an employment contract, regardless of the legal form of the employer).

Features of the method of legal regulation of labor relations a) a combination of centralized and local, regulatory and contractual regulation in the sphere of labor; b) equality of rights of the parties to labor relations when concluding and terminating employment contracts and their subordination in the labor process to internal labor regulations and labor legislation; c) participation of workers through their representatives in the legal regulation of labor, monitoring compliance with labor legislation;

Features of the method of legal regulation of labor relations d) the contractual nature of labor and the establishment of its conditions (Article 9 of the Labor Code of the Russian Federation); e) a specific method of protecting labor rights, combining the action of a labor collective body (CLB) with judicial protection in individual disputes and a conciliation commission, mediator, labor arbitration (up to a strike) in collective disputes; f) unity and differentiation of legal regulation of labor relations.

Unity and differentiation of labor relations as a feature of the labor law method. Unity lies in the principles of legal regulation of labor common to all industries on the territory of the Russian Federation and in basic labor rights common to all workers and employers and is reflected in the general norms of labor legislation (applies to all workers and employers) ; Differentiation (difference in legal regulation of labor) is expressed in special norms that apply only to certain categories of workers and is carried out by the legislator taking into account its grounds.

Main criteria for differentiation of legal regulation of labor relations Differentiation criteria: 1. Subjective grounds Psychophysical characteristics of the teenager’s body Social role of persons with children Maternal role of the female body 2. Specifics of labor relations Working owners Temporary and seasonal workers 3. Harmfulness and severity of working conditions 4. Special climatic conditions living and working conditions 5. The special nature of working conditions

Economic function of labor law The economic (production, economic) function of labor law is expressed in its impact on that group of relations that are aimed at ensuring production efficiency, rational use of labor resources, and strengthening labor discipline. The implementation of this function is carried out by enshrining in the norms of labor law material incentives for workers to increase production efficiency, providing the employer with powers in the field of normative and law enforcement power.

Protective function of labor law The protective (social) function is expressed in the impact on that group of relations that are associated with supporting in the labor market persons with reduced competitiveness in labor and with protecting the health of workers, increasing wages, and participating in solving social issues of production. In the process of implementing this function, labor law is intended to: create equal starting opportunities for the realization of one’s ability to work and establish legal guarantees for the implementation of these rights (prohibition of restrictions based on gender, race, nationality, attitude to religion), contribute to the creation of conditions favorable to the employee’s personality (benefits when working as a student, free vocational training, rest in accordance with the law).

State guarantees of the rights and freedoms of citizens as the goal of labor legislation Establishment of state guarantees of the rights and freedoms of citizens When changing an employment contract When hiring When resolving individual and collective disputes On wages On working hours and rest time

Creating favorable working conditions as the goal of labor legislation Creating favorable working conditions Employer's responsibilities to ensure safe working conditions Guarantees of workers' rights to labor protection Financing measures to improve working conditions Establishing regulatory requirements for labor protection Directions of state policy in the field of labor protection Accounting and investigation of accidents

Protection of the rights and interests of workers as the goal of labor legislation Protection of the rights and interests of workers Judicial protection of labor rights Self-defense of labor rights by workers Protection of labor rights by trade unions Supervision and control of compliance with labor legislation

Objectives of labor legislation - Creation of legal conditions for coordinating the interests of the Parties to labor relations States - Legal regulation of Labor relations Relations on employment and employment Relations on financial responsibility On apprenticeship (advanced training) On social partnership Relations on supervision and control Relations on the consideration of labor disputes

Concept Labor law system A labor law system is a set of norms that form a single whole (industry) divided into relatively independent structural formations (legal institutions), as well as other communities of norms that have a certain relationship (subinstitutions).

The system of labor law as an industry General partSpecial part of the goals and objectives of legal regulation; principles of legal regulation; subject and method of regulation; employment and employment; employment contract; social partnership; working time and rest time; wage; material and disciplinary liability; labor disputes

Labor legislation system Structure of the labor legislation system Rules of law regulating relations in the sphere of labor Norms of the general part Norms of the special part Preambles of normative acts Final provisions of normative acts

Criteria for the relationship between labor and civil law 1. Criteria for delimitation Parties Subject of regulation Object of regulation Method of regulation Legislation 2. Criteria for similarity The emergence of relations on the basis of an agreement The presence of an element of discretion when entering into an employment relationship

Criteria for the relationship between labor and administrative law 1. Criteria for similarity Regulation of labor relations of civil servants (in the absence of special norms) The presence of an element of imperativeness in the labor process 2. Criteria for difference Sources of regulation Subject of regulation Method of regulation Subjects

Criteria for the relationship between labor law and social security law 1. Similarity criteria Work experience is the basis for the emergence of most Legal relations in the field of social security law Special General Continuous 2. Difference criteria Subject of regulation Method of regulation Sources of regulation Subjects