The labor relations between the employer and the employee are fixed in the Labor code of the Russian Federation of 30.12.2001 g (TC) C changes from 30.06.2006 g.TC regulates, including the provisions on the conditions of the employment contract and the order of its conclusion and termination, working time, vacation, remuneration, labor protection, as well as features of labor regulation of certain categories of workers.
Employment contract
Labor relations arise between an employee (individual) and an employer (legal entity (organization)) on the basis of an employment contract.
The employment contract States:
surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer-an individual), concluded the employment contract;
information on the identity documents of the employee and the employer-an individual;
– Was for the employer;
– information about the employer’s representative, who signed the employment contract, and the basis on which he is vested with the relevant powers;
– place and date of the employment contract.
The obligatory terms of the employment contract are:
* place of work (indicating the structural unit);
• the date of commencement of work, and in the case when a fixed-term employment contract is concluded, as well as its validity and the circumstances that served as the basis for the conclusion of a fixed-term employment contract in accordance with the labor code or other law;
* the name of the position (labor function), specialty, profession with the indication of qualification in accordance with the staff list of the organization;
* employee rights and obligations;
* rights and obligations of the employer;
• terms of the nature of the work,
* compensation for hard work and work in harmful and dangerous working conditions;
* working time and rest mode;
* terms of remuneration;
* conditions on compulsory social insurance of the employee;
* other conditions in cases provided for by the labour legislation.
The employment contract may provide for additional conditions that do not worsen the provisions of the employee, the specification of the place of work, or the workplace, the test, the non-disclosure of the secret protected by law (state, official, commercial and other), the obligation of the employee to work after training at least the contract period, if the training was made at the expense of the employer, the types and conditions of additional insurance, the improvement of social and living conditions of the employee, the rights and obligations of the employee and the employer in relation to the working conditions, and other conditions.
The terms of the employment contract may be changed only by agreement of the parties and in writing.
Employment contracts may be concluded:
1) for an indefinite period;
2) for a certain period of not more than five years (fixed-term employment contract), unless otherwise provided by this Code and other Federal laws.
TC provides the following grounds for termination of employment contract, which are exclusive:
(1) agreement of the parties (article 78);
2) expiry of the employment contract (article 79);
3) termination of the employment contract on the initiative of the employee (article 80);
(4) termination of the employment contract on the employer’s initiative (art. 71 and 81);
5) transfer of an employee at his request or with his consent to work to another employer or transition to elective work (position);
6) refusal of the employee to continue work in connection with the change of the owner of the property of the organization or its reorganization (article 75);
7) refusal of the employee to continue work due to changes in the essential terms of the employment contract (part 4 of article 74);
8) refusal of the employee to transfer to another job due to health status in accordance with medical opinion (part 3 and 4 of article 73);
9) refusal of the employee to transfer due to the movement of the employer to another location (part one of article 72);
(10) circumstances beyond the control of the parties (article 83);
11) violation of the rules of the employment contract established by this Code or other Federal law, if this violation excludes the possibility of continuation of work (article 84).
Working hours
The normal working time may not exceed 40 hours per week. The employer is obliged to keep a record of the time actually worked by each employee.
Shorter working hours:
– 24 hours a week-for employees under the age of sixteen;
– 35 hours per week-for employees with disabilities of group I or II;
– 35 hours per week-for employees between the ages of sixteen and eighteen;
– 36 hours per week – for employees engaged in work with harmful and dangerous working conditions.
Vacation
Annual basic paid leave is granted to employees
duration: 28 calendar days. There is a possibility of providing additional leave.
Maternity leave is granted for 140 days (70 days before delivery and 70 days after).
Salary
Salary payment is made in cash in the currency of the Russian Federation (in rubles). The salary is subject to personal income tax.
The minimum wage is set simultaneously in the entire territory of the Russian Federation the Federal law.
Material liability of the parties
The code establishes the financial responsibility of both the employee to the employer and the employer to the employee.
Features of regulation of work of separate categories of workers
The TC has established special provisions for women, persons under 18 years of age, heads of enterprises, persons working in combination, persons employed in seasonal work, etc.
Employee insurance
TC provides for the procedure of insurance of employees. Insurance of employees is regulated by separate laws, for example: Federal law of July 24, 1998 N 125-FZ “on compulsory social insurance against accidents at work and occupational diseases”.
The employer is also obliged to pay contributions for the employee to the pension Fund, the social insurance Fund and the compulsory health insurance Fund.
Labour protection
TC requires the creation of each employer engaged in production activities, with a number of employees of more than 50 people, labor protection service or post of labor protection specialist with appropriate training
* from Andrey Nikishenko, 2018