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The labor responsibilities of the employee and the employer are topical issue modern legislation. This is primarily due to the fact that for quite a long period there were no clear regulations governing the sphere of industrial relations.

Interaction of categories

Previously, the rights and obligations of the employee and employer were largely conditional and uncertain. At the same time, conflicts periodically arose and continue to arise between representatives of these two groups. The responsibilities of the employee and the employer differ from each other. However, at the same time, these categories have a close relationship. Next, let's look at what the main responsibilities of an employer are.

Legal aspect

In Russia, labor law is in the process of constant reform. In 2001, a Code was adopted, the provisions of which were aimed at regulating relations in production sector. In 2004, at the Plenum of the RF Armed Forces, significant adjustments were made to the understanding of the norms. In particular, a Resolution was adopted prescribing the procedure for the use of the Labor Code by courts. Significant amendments were introduced by the Federal Law of June 30, 2006. At the same time, the tasks and goals of labor law have changed. Today the formation comes first optimal conditions to achieve the necessary coordination of interests of all parties involved in industrial relations.

Rights and obligations of the employer: general information

A characteristic feature of a mutually binding bilateral agreement, which includes a contract between an employer and a future employee of an enterprise, is that each party has not only opportunities. Participants, entering into an employment relationship, also assume responsibilities towards each other. These two categories do not only come from the contract. The basis is also laws, by-laws, collective agreements, local regulations, which are adopted directly by the management of the enterprise. The latter include decisions, instructions, orders. With these tools, the employer can provide himself with additional powers and take on additional responsibility.

Main provisions

All rights and obligations of the employer that he has in accordance with the law, agreement or other regulatory act are subject to implementation. The employer may require the employee to properly implement his professional activity. An employee can also insist that management fulfill its obligations. This does not depend on the source and reason for their occurrence. This conclusion comes from the mutually binding bilateral nature that employment contract. The employer's responsibilities are not concentrated exclusively in the sphere of relations with the employee or team.

Employer status

The head of an enterprise is a rather complex and multifaceted figure. An employer is a person who is vested with certain powers by the state. The employer's responsibilities include providing citizens with the opportunity to fully realize their interests in the production sector. In particular, this directly concerns the ability of employees to carry out professional activities and receive social guarantees. At the same time, the manager also acts as a “tax agent”. He has the right to recover from employees sums of money to pay taxes and other payments. In this case, the employer is obliged to promptly transfer the received funds to the appropriate recipients in the prescribed manner.

Classification

The employer does a lot various functions, having subjective rights and legal obligations. In this case, it is advisable to distinguish three categories:

• Special duties and rights of the employer. The manager is endowed with them in accordance with the laws and regulations of other industries. For example, according to tax law, the employer has specific powers of an agent, as a result of which he receives certain rights and bears specific responsibilities.
• General obligations and rights of the employer. They are regulated by Art. 22 TK.
• Certain obligations and rights of the employer. They are provided for in other articles of the Code and are implemented in the course of social partnership in the production sector. These rights and obligations of the employer are associated with the conclusion, termination, and modification of a contract regarding certain aspects of the working relationship. In particular, we are talking about establishing the standard time for employees to carry out professional activities and rest, determining pay, financial liability, disciplines. This category also provides for the employer's responsibilities for labor protection.

Employer's powers

In accordance with the Labor Code, the employer has the right:

• Terminate, change, enter into contracts with employees on the terms and in the manner established in the Code and other federal laws.
• Conduct collective bargaining and enter into appropriate agreements.
• Encourage staff for conscientious performance of professional activities.
• Require employees to perform their duties, careful attitude to the property of the enterprise, including that owned by the employer, if the latter is responsible for its safety, production rules.
• Bring employees to material and disciplinary liability.
• Accept regulations of a local nature (with the exception of employers who are not individual entrepreneurs).
• Form associations with other employers to represent and protect their own interests and join such communities.

Employer's labor responsibilities

They are defined in Art. 22, part 2 of the Labor Code of the Russian Federation. The employer's responsibilities include:

The law may provide for other additional responsibilities of the employer.

Responsibility

Employer responsibilities are a legally enforceable category. If the employer evades instructions or abuses, a threat arises not only for a specific employee or the entire team, but also for society as a whole. In this regard, the state, acting as a guarantor of the legitimate interests and rights of workers, establishes various shapes liability for employers. In particular, administrative and disciplinary measures may be applied. For the most dangerous labor violations, the employer may be held criminally liable.

Conclusion

From the above, it follows that from the entire list of rights, the employer has, first of all, the authority to form a work team. For this purpose, he can enter into and terminate agreements with employees and change production conditions. The employer can also act as the initiator of negotiations, defend its own interests in court, and sign contracts.

To carry out management, the employer is vested with a certain range of powers. They provide him with the opportunity to ensure discipline, adherence to routine, and implement labor protection. He can demand from employees the proper fulfillment of tasks given to them and compliance with instructions. At the same time, the employer assumes responsibilities.

Finally

The quality of the employer’s activities will determine the healthy atmosphere in the team, the attitude of the staff towards him personally, the efficiency production process, employee safety. Therefore, the employer must not only exercise his rights, but also fulfill his duties, and, if necessary, bear full responsibility for your actions. The head of the enterprise is obliged to create such conditions so that during the production process the interests of all its parties are satisfied.

In its first part, in the section “ General provisions", in the chapter devoted to labor relations, as well as the grounds for the emergence labor relations, is Article 22. It covers the issue of “Basic rights and obligations of the employer.”

This article will enable the common reader to understand what powers the one who provides people with jobs has. Before considering what responsibilities he has, it is worth mentioning a little about his rights. The employer has the right:

• conclude, terminate and, if necessary, change with its employees on the terms and in the manner established by the present Labor Code or other federal law;
• organize collective negotiations and conclude collective agreements;
• reward their employees if they have been noted for their conscientiousness and efficient work;
• the employer has the right to demand from his subordinates the fulfillment of all established labor responsibilities, as well as careful attitude towards all property (including third parties, which is in his possession for one reason or another, if the employer bears some responsibility for it). He may also demand normal treatment of the property of other employees and strict adherence to established rules internal regulations;
• has the right to hold workers accountable for violating any established procedures, again only in strict accordance with federal laws.

The rights and responsibilities of an employer are a fairly broad topic. Having become acquainted a little with the rights, you can move on to the second part, which concerns what a person is obliged to do when providing work to a certain number of people.

The employer's responsibilities include:

• compliance with labor legislation and other regulations, which to one degree or another contain rules relating to the implementation of labor activity;
• providing subordinates with work that is directly determined by themselves;
• he must provide comfortable and safe working conditions in the workplace that comply with regulatory requirements, established by the state;
• It is also the employer's responsibility to provide employees with all necessary tools, so that they, in turn, can perform their duties efficiently;
• workers must be provided wages, which the employer pays in deadlines stipulated in the employment contract (provided that there were no violations of the established rules - in this case it is possible;
• collective bargaining also applies to this section;
• the person providing work is obliged to provide reliable and complete information that is necessary to conclude a document such as a collective agreement. Also, the employer must control all processes related to this agreement.

In addition to the above, the employer’s responsibilities include such items as creating conditions that are able to ensure the participation of employees in the management of the organization. The employer must also provide solutions to the everyday needs of subordinates that are related to the performance of duties; carry out compulsory insurance for all its employees, as established by federal legislation. If a person suffers any damage as a result of the performance of his work duties, the employer must compensate for it. This includes not only material compensation, but also moral compensation.

Labor legislation gives the employee and the employer a whole range of responsibilities towards each other. In this case, the obligation of one party means the corresponding right of the other.

The existing system of rights and obligations of the employee and the employer is aimed at protecting their rights and interests. Another task that rights and duties perform is the quick and fair resolution of disputes. That's why, government bodies control and courts, when resolving disputes between an employer and an employee, are guided by their departmental local documents, reflecting a set of rights and obligations.

Imagery and rights of the employee and the employer - the main provisions of the Labor Code of the Russian Federation

The fundamental provisions are enshrined in the Labor Code of the Russian Federation. They are unchangeable and cannot be limited or terminated. Basic rights and responsibilities include:

• the right to normal working conditions. Every employee has the right to ensure safety and create comfortable working conditions. Accordingly, the employer must provide such conditions;
• the employee’s right to rest gives rise to management’s obligation to provide annual leave and pay during this period;
• the guarantee of decent remuneration interacts with the obligation to pay a salary sufficient to satisfy one’s needs. Therefore, in Russia a minimum salary threshold has been established, below which management has no right to pay;
• maintaining a job during pregnancy and maternity leave makes it necessary for management to preserve the employee’s job and provide it upon return from leave.

These are key provisions that are enshrined in law and cannot be changed. Registration of legal relations between the parties is based on the mandatory consideration of these principles.
Employment contracts and other local documents cannot contradict these standards.

Employer's obligations to provide safe conditions and labor protection

This is a guarantee of the safety and preservation of employee life and health. For these purposes, a whole range of measures is being carried out, the main of which is the certification of workplaces.
This procedure is necessary for labor protection. After all, it allows you to establish the main risks and identify the most dangerous professions. Occupational safety creates the need to provide employees with additional vacations, incentive payments, and sanatorium and resort treatment.

Therefore, labor protection is a priority activity of any organization or company. For labor protection, a special position of engineer is created. There is such an official at every enterprise.

In the absence of a labor safety engineer, his functions are performed by another person. But labor safety functions are necessarily assigned to one of the personnel.

Employee's right to leave

The right to use vacation for the first year of work arises for the employee after six months of work. At the same time, he can receive either part of the vacation or the entire period allotted to him.

The opportunity to provide vacation belongs to all employees; no one can be deprived of it. It is not dependent on availability disciplinary sanctions or the results of labor. As long as the employee fulfills his duties and the employment contract with him is not terminated, he has the unconditional opportunity to use annual leave, which is paid by the management of the enterprise.

Responsibilities of a social worker

The functions of such employees are determined by the main agreement and the Labor Code of the Russian Federation. the federal law establishes the basic rules, and local documents develop them. However, they cannot contradict the provisions of the law.

Employees of such bodies are obliged to conscientiously perform their functions, carry out orders from management, and treat the company’s property with care.

Employee's right to redundancy payments

Downsizing at work is an extreme measure that management can resort to for the survival of the company. At the same time, the company’s personnel receive payments provided by law.

None of the employees can be deprived of these payments. They do not depend on the economic condition of the company. If payments were delayed or not made at all, management may incur criminal liability for such acts.

Payments are made within 3 months from the date of reduction and are transferred from company funds.

Responsibilities of the employer in the event of an accident at work

In the event of an accident at work, the management of the organization is obliged to take the following actions:

• organize your own investigation;
• if serious harm to health is caused or death occurs, it is necessary to report the event to law enforcement agencies;
• if management is found to be at fault, the employee should be paid the funds due to him and the perpetrators should be punished disciplinaryly;
• if the employee is to blame for the incident, then there are no grounds for transferring compensation.

Guilt, in any case, is established based on the results of an objective investigation.

Does an employer have the right to reduce an employee's salary?

The salary can be changed downward in two cases:

• when this is agreed upon in advance by the employee and he does not object;
• when changing the staffing level of the team and modernizing production.

There are no other grounds for reducing the salary.

The employer’s compliance with the rights of employees directly depends on how aware the employee is of the current provisions prescribed in the Labor Code of the Russian Federation. Often, ignorance of the law leads to management violating and infringing on the rights of their subordinates, and the latter do not even know that they can stop all this by writing a complaint to the labor inspectorate, prosecutor’s office, etc. Although it is better not to bring it to this point, but to initially discuss all the subtleties and nuances of cooperation.

Name three higher organs state power V Russian Federation and indicate one of the powers of each body.

The answer may include names of public authorities and their corresponding powers:

1) Federal Assembly of the Russian Federation (adopting laws, calling elections for the President of the Russian Federation, approving changes in borders between the constituent entities of the Russian Federation);

2) Government of the Russian Federation (budget development, management of federal property);

3) The Supreme Court of the Russian Federation (supervision over the activities of courts of general jurisdiction; within its competence, consideration of cases as a court of second (cassation) instance).

The indication of the position and powers of the President of the Russian Federation can be counted as correct.

Others may be specified higher authorities state authorities and their other powers

Example 1.

Three government bodies and their corresponding powers are named.

Example 2.

Two government bodies and their corresponding powers are named (positions 1 and 2 - two chambers Federal Assembly RF).

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Task No. 2464

Name and illustrate with examples any three basic employer rights enshrined in the Labor Code of the Russian Federation.

1) conclude, amend and terminate employment contracts with employees (based on the results of employee certification, the director of the institute decided to terminate the employment contract with Yuri);

2) conduct collective negotiations and conclude collective agreements (the head of the enterprise, participating in collective negotiations to amend the collective agreement, proposed his own version of organizing rest for workers and members of their families);

3) encourage workers for conscientious, effective work (the director signed an order to reward the best workers of his plant);

4) require employees to fulfill their job duties and take care of the employer’s property, comply with internal rules labor regulations(the director of the bus fleet requires that drivers maintain order and cleanliness of the cabin and interior, remind passengers that they should not damage the seats, paint the walls and litter on the bus).

Other rights may be named and illustrated, and other examples given.

Example 1.

In accordance with the assessment check criteria, the given answer should be assessed with 2 points.

Rate this solution in points:

Example 2.

In accordance with the assessment check criteria, the given answer should be assessed with 3 points.

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Example 1.

Three employer rights are named and illustrated.

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Task No. 5396

Name and illustrate with examples any three characteristics of democracy.

The correct answer should name and illustrate the signs of democracy:

1) the formation of parliament on the basis of free competitive elections (for example, 400 people were registered as candidates for the parliamentary elections in country Z, vying for 100 deputy mandates; voters could familiarize themselves with the program of each candidate in their district and make a choice);

2) guarantees of political rights and freedoms of citizens (for example, in country Z there is an institution of ombudsman for human rights, children’s rights, as well as human rights public organizations);

3) resolution of issues by a majority vote (for example, in country Z a popular vote was held to amend the basic law of the country, the amendments were rejected by a majority of votes);

4) taking into account the interests of the minority (for example, in country Z, opposition political parties have the right to criticize government policies and propose alternative political solutions).

Other characteristics may be named and illustrated, and other examples may be given.