Public recognition of the results of workers' work is carried out. Encouragement is public recognition of the results of highly productive, high-quality, impeccable work of employees. awarding a certificate of honor

An important element in creating the necessary conditions that ensure normal productive work in a team is not only the good organization of the production process and working conditions, material and living support for workers, the amount of remuneration and the timeliness of its payment, but also the regulatory establishment on the part of the employer of a system of incentives and punishments , the order of their application to employees.

Among the measures to ensure labor discipline, employee encouragement occupies an important place. Conscientious work must be recognized by the employer. If well-performing and unscrupulous workers are in an equal position, then the incentive to work successfully is sharply reduced.

Reward is the public recognition of the results of employees' work.

The use of incentive measures is one of the manifestations of the employer's disciplinary power. The choice of specific incentive measures, provision of various benefits and advantages is the right of the employer, although in modern market conditions it largely depends on its financial capabilities.

Undoubtedly, encouragement plays a kind of role as a “perpetual motion machine.” Recognition of the labor merits of the best employees increases the job satisfaction of the person being rewarded and has an impact on other team members, stimulating the latter to improve the results of their work. Moreover, in the legislation, encouragement is understood only as a form of public recognition of achieved successes, in which the employer expresses official recognition of the employee’s merits (usually at a general meeting in a solemn atmosphere, with the obligatory issuance of an appropriate order) and providing him with public honor.

Therefore, incentives for work are the most important means of ensuring labor discipline.

The nature of incentives can be divided into material and moral.

Encouragement that is moral in nature has a positive ethical influence on the employee and brings him moral satisfaction. In turn, material incentives always have a monetary value and, along with moral satisfaction, allow the employee to receive additional material income.

At the moment, organizational leaders do not attach much importance to moral types of rewards. There are significant reasons for this. Such types of moral encouragement as a certificate of honor, a declaration of gratitude, inclusion in the Book of Honor and on the Board of Honor, according to the author of the article, have largely discredited themselves in past years, when this was often done for the sake of a “tick”, en masse and without any reinforcement or material incentives.

Taking into account the specifics of today, employers can develop their own types of moral incentives, which will be very effective in stimulating staff. As an example, we can cite representative offices of foreign companies operating in Russia, in which, along with a strict system of disciplinary sanctions and measures of material incentives, there is an extensive system of moral incentives for employees.

One example of moral encouragement can be the early removal of a previously imposed disciplinary sanction, as well as inclusion in the reserve for promotion to a higher position.

Article 191 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) provides for the following incentive measures that the employer applies to reward employees who conscientiously perform their job duties, which can be divided into measures of a moral and material nature:

• measures of moral encouragement:
• announcement of gratitude;
• awarding a certificate of honor;
• nomination for the title “Best in Profession”;
• measures of material incentives:
• issuing a bonus;
• rewarding with a valuable gift.

The list of incentive measures given in the Labor Code of the Russian Federation is not exhaustive. It provides only the main types of incentive measures that have become widespread in practice.

The collective agreement, internal labor regulations, as well as charters and discipline regulations may provide for other types of incentives. For example, additional paid vacations, compensation for annual vacation costs, personal allowances, interest-free loans for the purchase of residential premises may be established, and additional, in addition to those provided for by the Labor Code of the Russian Federation and other legal acts, honorary titles for employees may be awarded (for example, “Honored employee of LLC "..."), sending the employee to special conferences, seminars, exhibitions, creating more comfortable working conditions for the employee, and so on.

Thus, the list of incentives can be supplemented depending on the needs and capabilities of a particular employer.

In addition, for special labor services to society and the state, employees can be nominated for state awards. That is, two more types of rewards can be distinguished - for conscientious work and for special labor services to society and the state.

The first is applied directly by the employer; the second - goes beyond the work collective and already acquires social and state significance, therefore, for special labor merits, employees are awarded by the relevant state authorities and local governments. For special labor services to society and the state, the President of the Russian Federation awards state awards of the Russian Federation and confers honorary titles (clause “b” of Article 89 of the Constitution of the Russian Federation). The list of honorary titles and the Regulations on honorary titles of the Russian Federation were approved by Decree of the President of the Russian Federation of December 30, 1995 No. 1341 “On the establishment of honorary titles of the Russian Federation, approval of the provisions on honorary titles and descriptions of the breastplate for honorary titles of the Russian Federation.” The procedure for filing applications for state awards and nominating employees for a certificate of honor is determined by the Regulations on state awards of the Russian Federation, approved by Decree of the President of the Russian Federation of March 2, 1994 No. 442 “On state awards of the Russian Federation” and the Regulations on the Certificate of Honor of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of May 31, 1995 No. 547 “On the Certificate of Honor of the Government of the Russian Federation.”

Nomination for the title of the best in the profession is a new type of employee incentive, introduced by the Labor Code of the Russian Federation on February 1, 2002, while at the same time the legislator abolished such incentive measures as “entry in the Book of Honor, on the Board of Honor”, ​​and nothing was said about “ advantages and benefits in the field of social, cultural and housing services”, “advantage in job promotion”, which were provided to employees who successfully and conscientiously fulfill their job duties in accordance with the previously existing Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

At the same time, since the list of types of incentives for employees is open, the employer has the right to provide for such types of incentives and benefits in the collective agreement or in the internal labor regulations.

The title “Best in Profession” is an industry award for special labor merits. As a rule, the conferment of industry and honorary titles is carried out on the recommendation of the employer by the heads of ministries with the participation of the relevant trade union bodies.

One of the types of material incentives for employees for conscientious work is rewarding with a valuable gift. The maximum value of a valuable gift is not limited by law and is determined by the employer at his discretion based on the personal merits of each employee.

One-time cash bonuses are a common form of financial reward for conscientious work. They should be distinguished from those paid under existing remuneration systems.

Speaking about the subjective composition of the use of incentives, they can be divided into individual and collective. Most often, incentives are applied individually. However, at the discretion of the employer, in some cases, incentive measures may be applied to teams of teams, sections, and departments.

According to the circle of persons to whom incentives apply, general and special types of incentives can be distinguished. General incentive measures are established by labor legislation and apply to any employees, regardless of what field of activity they work in. Special incentive measures apply to certain categories of employees and are established by special laws, as well as industry regulations and disciplinary statutes. For example, Article 55 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” establishes incentives and rewards for civil servants:

"1. The following types of incentives and awards are applied for impeccable and effective civil service:

1) declaration of gratitude with payment of a one-time incentive;

2) awarding a certificate of honor from a state body with the payment of a one-time incentive or with the presentation of a valuable gift;

3) other types of incentives and awards of the state body;

4) payment of a one-time incentive in connection with retirement from a state pension for long service;

5) encouragement from the Government of the Russian Federation;

6) encouragement from the President of the Russian Federation;

7) conferring honorary titles of the Russian Federation;

8) awarding insignia of the Russian Federation;

9) awarding orders and medals of the Russian Federation.”

So, incentive measures can be divided into the following types:

• by the nature of the impact on employees (moral and material);
• by subject composition (individual and collective);
• according to its social significance (applied directly by the employer and applied by the relevant authorities for special labor services to society);

by the circle of persons to whom incentives apply (general, applied to any employees, and special, applied to certain categories of employees if they are established by special laws, as well as industry regulations and disciplinary statutes).

In accordance with Article 191 of the Labor Code of the Russian Federation, the basis for the application of incentive measures is the conscientious performance by employees of their labor duties. Conscientious fulfillment of job duties in strict accordance with the requirements for employees provided for in employment contracts, job descriptions, tariff and qualification reference books, instructions and requirements for labor protection and other documents defining the content of the job function performed, in compliance with the current internal labor rules is considered conscientious. routine.

As practice shows, this general basis is not enough to develop a system of incentives and bonuses for employees. Therefore, managers and personnel services strive to develop more specific indicators in relation to the specific conditions of production and labor organization at a particular employer. It is at this stage that most difficulties arise. In the absence of standard indicators, the application of incentives to employees is usually very subjective and may have an ineffective effect on the functioning of the incentive system as a whole. In this regard, the issue of developing standard indicators of labor efficiency should be given the closest attention.

It is advisable to form a system of factors that serve as grounds for encouraging employees for different categories of employees in different ways - taking into account the nature of the work performed, the procedure for recording and standardizing the results of work of various categories of employees.

For example, it is advisable to determine a different approach in developing a reward system for employees whose work standards are based on financial and other indicators for the entire organization as a whole and for those categories of employees who have personal standard indicators. Workers can be divided into the following categories:

1) Management team - administration.

2) Middle and junior management - heads of separate divisions, departments, workshops, work groups. For this category of workers, it is advisable to develop standard performance indicators depending on the indicators of the structural units they manage.

3) Specialists and technical performers.

4) Workers.

The grounds for the application of incentive measures can be supplemented and clarified by a collective agreement or internal labor regulations in accordance with the assigned management objectives.

In addition, in the charters and regulations on discipline, the grounds for applying incentive measures, as a rule, are specified in relation to the peculiarities of working conditions in specific industries. Thus, according to Resolution No. 621, railway transport workers are rewarded for:

“Employees are encouraged for conscientious performance of work duties, improving the quality of work, increasing labor productivity, innovation, initiative, ensuring the safety of transported goods and luggage, careful handling of other entrusted property, long-term and impeccable work.”

When used skillfully, incentives can be a more effective tool for stimulating employees to work conscientiously than penalties.

Encouragement can push and stimulate an unlimited number of people to commit an act approved by society, and the person being encouraged to repeat this act.

The legal status of the employer according to the Labor Code of the Russian Federation includes the right to apply incentive measures. The procedure for applying incentive measures by labor legislation is partially defined, which means it is largely determined by the employer.

In practice, the incentive is announced in an order or directive, brought to the attention of the employee and the workforce, and a corresponding entry is made in the employee’s work book.

The order being drawn up indicates the motive for the incentive, the type of incentive, the form of the incentive, and in the case of awarding a valuable gift (premium), also its cost. The employer is obliged to familiarize the employee with this order against signature. The form of the order (instruction) to reward an employee was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for the accounting of labor and its payment” (hereinafter Resolution No. 1) (unified form No. T-11 and unified form of a consolidated order on employee incentives T-11a).

Note

The cost of a valuable gift is included in the employee’s total annual income. According to paragraph 28 of Article 217 of the Tax Code of the Russian Federation, income of individuals not exceeding 4,000 rubles received in the form of gifts from organizations or individual entrepreneurs is exempt from personal income tax (NDFL). It must be borne in mind that if the value of the gift exceeds 4,000 rubles, the excess amount is subject to personal income tax.

The basis for issuing an order (instruction) on incentives is a proposal submitted for consideration to the head of the organization by the employee’s immediate supervisor or the organization’s personnel service. Since the procedure for submitting awards is not regulated by law, each organization uses its own.

In practice, the question often arises: does the employer have the right to apply incentive measures to the person represented during the period of validity of the disciplinary sanction against the same employee. The current Labor Code of the Russian Federation does not contain a rule prohibiting rewarding an employee who has a disciplinary sanction during the period of validity of the sanction. Consequently, the decision on the possibility of rewarding such employees depends on the discretion of the employer.

Information about incentives is entered into the work book in accordance with Part 4 of Article 66 of the Labor Code of the Russian Federation. The basis for making an entry in the work book is the corresponding order (instruction) of the manager (clause 10 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 (hereinafter referred to as the Rules for maintaining and storing work books)).

According to paragraph 24 of the Rules for maintaining and storing work books, the following information about awards (incentives) for labor merits is entered into the work book:

a) on the awarding of state awards, including the conferment of state honorary titles, on the basis of relevant decrees and other decisions;

b) on awarding diplomas, conferring titles and awarding badges, badges, diplomas, certificates of honor by organizations;

c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations of the organization, charters and regulations on discipline.

Clause 10 of the Rules for maintaining and storing work books establishes a one-week period, no later than which the employer is obliged to make appropriate entries in the work books.

The procedure for entering information about awards into the work book in accordance with the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69 “On approval of instructions for filling out work books,” is as follows:

“in column 3 of the section “Information about awards” of the work book, the full name of the organization, as well as the abbreviated name of the organization (if any); below in column 1 the serial number of the entry is entered (numbering increasing throughout the entire period of the employee’s work activity); Column 2 indicates the date of award; Column 3 records who awarded the employee, for what achievements and with what award; Column 4 indicates the name of the document on the basis of which the entry was made, with reference to its date and number.”

It is mandatory that information about incentives is also entered into the employee’s personal card, in section VII “Awards (incentives), honorary titles” (unified form No. T-2, approved by Resolution No. 1).

Note!

The work book does not contain entries about bonuses, which are not incentives for the employee, but are an integral part of his earnings, i.e. are provided for by the remuneration system or are paid on a regular basis (clause 25 of the Rules for maintaining and storing work books). If an employee received a so-called “personal” bonus for a specific personal contribution to work, then information about it must be entered in his work book.

Note.

Noteworthy is the discrepancy between the wording of Articles 66 and 191 of the Labor Code of the Russian Federation. Article 66 of the Labor Code of the Russian Federation requires information about awards for success in work to be entered into the work book, but entries are not provided for other types of incentives. The aforementioned discrepancy between the concepts of “reward” and “encouragement” makes it difficult to apply labor legislation in the practice of drawing up work books.

In this regard, two opposing points of view arose:

1. According to Article 66 of the Labor Code of the Russian Federation, the employer is not obliged to enter information about all employee incentives into the work book, but only information about his awards.

2. A broader interpretation of the term “reward” suggests that those incentives that are not essentially awards, but also characterize the employee on a positive side, should be reflected in the work record in his interests.

Thus, the employee has the right to insist on making a corresponding entry in the work book about any of the types of incentives applied to him, if it has not been made.

In general, documenting the incentive procedure includes:

• drawing up by the head of the structural unit in which the employee works, or by the head of the personnel service, a proposal for incentives addressed to the head of the organization, indicating the type of incentive in accordance with the Internal Labor Regulations or other local regulations;
• publication of an order (instruction) on promotion (unified form No. T-11, T-11a) and its solemn announcement;
• making the necessary entry in the personal card (unified form No. T-2) about rewarding the employee;
• making a corresponding entry in the employee’s work book.

An example of documenting the use of incentives for work.

To the Director of Prima LLC

Derzhavin K.K.

Presentation on the promotion of Ivanov M.M., sales department manager

Ivanov M.M., born in 1955, sales department manager, has continuous experience at Prima LLC for ten years. During this period of work, he always conscientiously fulfilled his job duties and was repeatedly thanked.

For conscientious fulfillment of job duties, long-term and impeccable work, as well as in connection with the anniversary date - his fiftieth birthday, I present M.M. Ivanov for encouragement. I propose to encourage M.M. Ivanov. in the form of an award with a certificate of honor and a valuable gift.

Head of Sales Department ___________ /Vasiliev I.I./

Position, personal signature, signature transcript.

(name of company)

(order)
on employee incentives

For conscientious performance of work duties, long-term and

award a certificate of honor and a valuable gift

(type of reward (gratitude, valuable gift, bonus, etc. - please specify))
	One thousand
	(in words)

(in numbers)

Reason: presentation of the head of the sales department Vasilyev I.I.

Head of the organization

director

Derzhavin K.K.

(job title)

(personal signature)

(full name)

The employee is familiar with the order (instruction)

(personal signature)

A sample of entering information about the award in the work book.

Entry no.				Information about awards (promotions)	Name, date and number of the document on the basis of which the entry was made
				Limited Liability Company "Prima" Prima LLC
				Awarded by the director for conscientious fulfillment of job duties, long and impeccable work, and also in connection with the anniversary - fifty years since his birth - a certificate of honor and a valuable gift	Order No. 8 of December 10, 2005

A sample of making entries in an employee’s personal card.

VII. AWARDS (INCENTIVES), HONORARY TITLES

End of the example.

Note!

The legislator in the new edition of the Labor Code of the Russian Federation extends the general norms of labor legislation to all economic entities - both legal entities and individuals. It can be stated that the fourteen-year infringement of the rights of individual entrepreneurs as employers and, most importantly, the workers they hire has finally come to an end. An employer - an individual entrepreneur, in addition to concluding employment contracts, is now obliged to maintain work books for all his employees, and also, as an employer - a legal entity (organization), to document personnel issues, including in the field of labor discipline.

The right to apply incentive measures belongs entirely to the employer and does not require, as was previously the case, coordination with the relevant elected trade union body. In addition, the simultaneous use of several incentive measures is allowed. As a rule, in practice, this is a combination of measures of a moral and material nature (for example, an announcement of gratitude and the issuance of a cash bonus).

At the same time, the use of incentive measures can be quite subjective, since it is always associated with an assessment of the behavior of employees in the labor process. However, if there is a local regulatory act regulating evaluation criteria, grounds for incentives, and the procedure for applying incentive measures, then the entire procedure associated with the application of incentive measures is within the “legal framework.” As they say, the law is harsh, but it is the law. When a rule prescribed in a local regulatory act applies to an indefinite number of persons, then, in addition to rights, the employer also has obligations to apply incentive measures in the event of certain circumstances (fulfillment of the plan by an employee, department, organization as a whole, achievement of certain economic successes and etc).

The rules that regulate the entire procedure for applying incentives for conscientious work can be documented in the Internal Labor Regulations, but it is more advisable to do this in a special local regulatory act - the Regulations on the Incentive of Employees.

One of the important factors for the successful work activity of employees and, in general, for the growth of economic indicators is a rational system of employee incentives.

The development of a reward system is inextricably linked with the general personnel motivation system in place for a given employer, and is largely specific to each company. It is determined by the profile of economic activity, existing structural and production connections, and management tasks. The system of employee incentives is influenced by the economic situation and financial basis of the company.

Regardless of these features, we can still recommend general approaches to developing a reward system.

When developing a system of incentives for work, it is necessary to take into account the following provisions:

1) the basis for rewards for success in work should be specific indicators that employees achieve while performing their immediate job responsibilities and which most fully characterize the labor participation of each employee in solving common problems; It is advisable to form a system of indicators and factors that serve as grounds for encouraging employees, taking into account the nature of the work performed, the procedure for recording and standardizing the results of work of various categories of employees (managers, specialists, technical performers, workers);

2) the employee must be sure that upon achieving the established results, he will definitely be rewarded;

3) incentive measures for work should depend on the significance of labor achievements, that is, for higher work results, accordingly, more significant incentive measures should be established;

4) motivate each employee to constantly improve their performance indicators;

5) the incentive system must be open, transparent and understandable for employees;

6) the timeliness of the application of incentive measures must be taken into account.

The incentive clause can be a document with varying degrees of detail.

For organizations with established economic indicators, a general system of intra-corporate relations, and a well-established system for standardizing labor efficiency indicators, both structural units and employees occupying individual positions, a provision with the maximum degree of detail can be recommended.

For small, dynamically developing companies, in which the development of internal corporate relations and the overall system of functioning of the organization are at the stage of formation, a local regulatory act with a lesser degree of detail, which reflects only the most general principles of employee incentives, may be more useful.

Regardless of the level of detail of the document defining the principles of the incentive system, it is advisable that it contain the following basic information:

1) Principles of forming a reward system.

2) Specific indicators of the use of incentive measures.

3) Forms and measures (types) of encouragement.

4) The procedure for nominating employees for promotion.

5) Competence of management to apply incentive measures.

6) Legal basis for the use of incentive measures (order of the head of the organization, order of another official).

7) The procedure for carrying out promotional activities.

8) Other information regarding the incentive system.

In the application of the incentive system, an important place is occupied by the mechanism for nominating employees for incentives.

For example, in the regulation on incentives in force in an organization, the rights of managers at various levels to apply each type of incentive should be divided.

Thus, it seems quite logical for the head of a structural unit (department, workshop, etc.) to use incentive measures that are not associated with serious material costs of the organization, for example, declaring gratitude, speaking to the head of the organization with an initiative to early remove a previously imposed penalty from an employee, payment bonuses (one-time bonuses) in small amounts to the best employee of the department and others.

The head of the organization may have broader powers to apply incentive measures to employees. He ultimately decides on the amount of money allocated to reward employees. His powers can extend both to the use of incentives that are of an individual one-time nature (in relation to a specific employee), and to incentives in relation to a certain group of workers (workshop workers, teams, etc.) or the workforce as a whole.

• Motivation, Incentive, Remuneration, KPI, Benefits and Compensation

External reward always means recognition of the merits of a person or team to the organization, no matter in what form it is carried out. Recognition performs several tasks:
1. further stimulation of creative activity of employees;
2. demonstrating a positive management attitude towards high results;
3. popularization of results among the team;
4. improving employee morale;
5. increasing business activity;
6. strengthening the effectiveness of the stimulation process itself.
There are several forms of recognition and evaluation of employee work.
Firstly, these are material compensations (remuneration, compensation) for increased labor costs. They can be expressed in various forms. If we are talking about wages, then its size should not depend on length of service, but should also take into account the quality of performance of one’s duties. In practice, managers compensate the efforts expended by the employee in accordance with the length of service and time spent at work, and not at all according to the characteristics of the results achieved. Types of material compensation: tuition, medical care, food, etc.
Secondly, the form of recognition is monetary reward for high performance results (i.e. bonuses). Prizes do not have to be big, the main thing is that they should be unexpected and such that everyone knows about them.
Thirdly, promotion is a form of recognition. But it affects only those who make a career, and there cannot be many of them due to the limited vacancies. In addition, not everyone can or wants to be a leader.
Fourthly, recognition can be rewarded with free time. This may be provided in the form of additional leave or reduced working hours. It can also be redistributed through flexible or staggered schedules, making the workday more convenient. It can arise from time saved due to the employee’s personal efforts.
Fifthly, public recognition of the merits of the team and individual workers is of great importance through extensive information about them in large-circulation press and at special stands, presentation of certificates, announcements of gratitude at meetings, rewarding with tourist trips and tickets.
Sixthly, personal recognition by the management of an organization or unit plays a large role in incentives. It can take the form of regular or occasional congratulations on holidays and special occasions, and praise.
According to experts, praise is one of the most effective feedback tools between managers and subordinates. It is only important to be able to choose its appropriate content and form. She can be direct - sincere, friendly, trusting; It can also be indirect in the form of a manifestation of genuine interest in the employee’s personality, his concerns and needs. Prizes can also be considered praise. But they are effective only when the connection between costs and results is clearly visible. In addition, people quickly get used to money. In order for stimulation with their help to be effective, the amounts have to be increased all the time, but this cannot be done indefinitely.
For praise to be effective, a leader must adhere to the following rules:
1. clearly define what to praise subordinates for;
2. think through the “dosage” of praise in advance and take breaks from it;
3. praise subordinates for any good and useful deeds, even if they are not significant, but are specific and have the right direction;
4. praise not too often, but regularly;
Labor assessment - measures to determine whether the quantity and quality of labor meets the requirements of production technology.
Job evaluation makes it possible to: assess the potential for employee promotion and reduce the risk of promoting incompetent employees; reduce training costs; Maintain a sense of fairness among employees and increase work motivation.
To organize an effective system for assessing employee performance, it is necessary:
1) establish performance standards for each workplace and criteria for its evaluation;
2) develop a policy for conducting performance assessments (when, how often and to whom to conduct the assessment);
3) discuss the assessment with the employee;
4) make a decision.
The following methods for assessing the work of employees are known. First, let's look at individual assessment methods:
1. evaluation questionnaire (comparative questionnaire and given choice questionnaire);
2. rating scale of behavioral attitudes;
3. descriptive method;
4. method of assessment based on a decisive situation;
5. behavioral observation scale.
An assessment questionnaire is a standardized set of questions or descriptions. The assessment method notes the presence or absence of a certain trait in the person being assessed and puts a mark opposite its description. The overall rating based on the results of such a questionnaire is the sum of the marks.
Evaluation questionnaire (fragment).
To be completed by the employee himself
Communication with colleagues:
I write clearly and concisely
I speak clearly and concisely
I work well with colleagues
I work well with subordinates
I work well with bosses
courteous, always helping clients
I present ideas convincingly
Skills/experience
I always finish work meetings
I know the main aspects of the work
need a little control
sometimes I make mistakes
I work according to schedule
familiar with modern achievements in this field
Work planning
I set realistic goals for myself.
I accurately analyze requests and needs
effective
I am developing a large number of solutions
I effectively detect and solve problems
Organization of personal work
I keep the documentation in perfect order
distribute tasks properly
checking the effectiveness of actions
I determine the main goals of the work
I save and use time effectively
Control
I firmly adhere to company policies and established procedures
I determine acceptable quality standards
I don’t go beyond the established expenses
Other qualities
I know where to look for information
I develop and develop creative ideas
I do well under pressure
adapting to change
I make good decisions
Employee signature ___
Date ___
Modification of the evaluation questionnaire - comparative questionnaire. Supervisors or human resource management specialists prepare a list of descriptions of correct or incorrect behavior in the workplace. The raters who observed the behavior rank these descriptions on a scale from “excellent” to “poor,” resulting in the “key” of the questionnaire. Persons assessing the work of specific performers note the most appropriate descriptions. The assessment of labor productivity is the sum of ratings for the marked descriptions.
A predetermined choice questionnaire is also used, which specifies the main characteristics and a list of behavioral options for the person being assessed. The importance scale evaluates in points a set of characteristics of how the assessed employee performs his or her job.
Questionnaire of a given choice (fragment)
On a scale of decreasing importance in points (from 1 to 4), rate the following set of characteristics of how the assessed employee performs his job: a score of “1” is given to the most characteristic feature of the employee, a score of “4” is given to the least characteristic feature.

Behavioral Attitude Rating Scale. The form describes the decisive situations of professional activity. The rating questionnaire usually contains from six to ten special characteristics of job performance, each of which is derived from five or six decisive situations with a description of behavior. The person conducting the assessment notes the description that most closely matches the qualifications of the employee being assessed. The type of situation is correlated with the score on the scale.
Behavioral Assessment Form Engineering Competence
(directly related to project execution)
(fragment)
Employee's last name
--9-- Possesses a wide range of knowledge, skills and abilities and can be expected to perform all tasks with excellent results
--8--
--7--- Able to apply a good range of knowledge, skills and abilities in most situations, he can be expected to perform some tasks well
--6--
--5-- Able to apply some knowledge, skills and abilities and can be expected to adequately complete most tasks
--4--
--3-- Has some difficulty applying technical skills and can be expected to deliver most projects late.
-2--
--1-- Does not know how to apply technical skills and can expect delays in work due to this inability
The descriptive assessment method involves asking the assessor to describe the advantages and disadvantages of the employee’s behavior. Often this method is combined with others, for example, with behavioral rating scales.
Method of assessment based on a decisive situation. Assessors prepare a list of descriptions of the “correct” and “incorrect” behavior of employees in individual situations and distribute them into categories in accordance with the nature of the work. The person conducting the assessment prepares a journal for each employee being assessed, in which he enters examples of behavior for each rubric. This log is then used to evaluate job performance. As a rule, the method is used for assessments given by the manager, and not by colleagues and subordinates.
Behavior Observation Scale. Like the method of assessment based on a decisive situation, it is focused on recording actions. To determine the behavior of the employee as a whole, the evaluator records on a scale the number of cases when the employee behaved in one way or another.

Group assessment methods make it possible to compare the performance of employees within a group and compare employees with each other.
Classification method. The person conducting the assessment must rank all employees in turn, from best to worst, according to one general criterion. However, this is quite difficult if the number of people in the group exceeds 20. It is much easier to identify the most successful or unsuccessful employee than to rank the average ones.
A solution can be found if we use an alternative classification method. To do this, the person conducting the assessment must first select the best and worst employees, then select the next ones, etc.
Comparison in pairs makes classification easier and more reliable - comparison of each with each is made in specially grouped pairs. Then the number of times the employee was the best in his pair is noted, and an overall rating is built on this basis. The assessment may be difficult if the number of employees is too large (the number of couples will be too large and the questionnaire will become tedious).
Specified distribution method. The evaluator is instructed to rate employees within a predetermined (fixed) rating distribution. For example:
10% - unsatisfactory
20% - satisfactory
40% - quite satisfactory
20% is good
10% - excellent
total - 100%
The only thing that is required from the expert is to write down the employee’s name on each card and distribute all those being assessed into groups in accordance with a given quota. Distribution can be carried out on different grounds (evaluation criteria).
One of the important personnel activities is to communicate to the employee information about the degree of his success at work.
Depending on the purpose of the assessment, two approaches are possible:
1) if the assessment was carried out for the purposes of the employee’s personal development, the results can be communicated to him personally;
2) if the assessment was carried out to determine remuneration, salary level, promotion, then the information can be transferred to the appropriate service of the enterprise, which, in the event of a personal request from the employee, can present the results to him. However, to increase the effectiveness of assessment activities, the employee needs feedback.
Employees can find out the results of their assessment during a special meeting or conversation with the person who conducted the assessment.
The purpose of a conversation with an employee is not only to inform him of the results. The conversation should help increase labor productivity and change the behavior of workers whose work performance does not fit into acceptable standards.
The following contribute to increasing the effectiveness of the conversation based on the assessment results:
1) preparation for the meeting of the conversation participants, their orientation towards discussing the employee’s past performance against the background of the tasks of that period;
2) a calm, trusting relationship between the evaluator and the employee, creating an atmosphere that would enable the employee to relax. This conversation is not a disciplinary event, it is aimed at increasing the employee’s performance in the future, which will allow him to improve job satisfaction and give him a chance for promotion;
3) planning by the evaluator of the conversation time so that part of the time is left for discussion of the evaluation and future work by the employee himself;
4) mention at the beginning of the conversation about the specific positive achievements of employees; shortcomings should be discussed between two positive results. The focus should be on discussing job performance rather than criticizing personal qualities. You should not mention more than one or two shortcomings during one conversation, as some people find it difficult to work on correcting more than two omissions at the same time;
5) the optimal amount of information, since too much of it can confuse the listener;
6) employee self-esteem.
Personnel certification is personnel activities designed to assess the compliance of the level of work, qualities and potential of an individual with the requirements of the activities performed. The main importance of certification is not monitoring performance, but identifying reserves for increasing the level of employee productivity.
Elements of certification. Taking into account the goals of certification, we can talk about its two components: labor assessment and personnel assessment.
Labor assessment is aimed at comparing the content, quality and volume of actual labor with the planned result of labor, which is presented in technological maps, plans and work programs of the enterprise. Labor assessment makes it possible to assess the quantity, quality and intensity of work.
When conducting certification of managers, it makes sense not only to evaluate the work of each of them, but also to organize special procedures for assessing the work of the unit he manages (it is advisable to attract and use information from related departments of the organization, as well as external partners and clients with whom this unit interacts).
Personnel assessment allows you to study the degree of preparedness of an employee to perform exactly the type of activity in which he is engaged, as well as to identify the level of his potential capabilities for assessing growth prospects.
An analysis of management practice shows that organizations in most cases use simultaneously both types of assessment of employee performance, i.e. assessment of work and assessment of qualities that influence the achievement of results. The evaluation form includes two relevant sections. The manager, along with the score, is usually required to provide detailed justification. Certification procedures provide for an individual discussion of the assessment results with a subordinate, who certifies this with a signature, and can also record disagreement with the boss’s conclusions and special circumstances that influenced the results of work.
In most organizations, assessment and certification are organized annually, in some - every six months. In addition, informal interviews are conducted, and in the interval between formal annual evaluations, the results of work and mandatory ongoing monitoring of the activities of subordinates are discussed. If job evaluation procedures are well formalized, it is advisable to conduct evaluation activities more often, for example, at the end of each week, month, quarter. Although these activities are not certification, they can provide significant information about the dynamics of labor efficiency of employees and departments as a whole.
Careful monitoring of the employee's entry into position is intended to speed up this process. An organization, acquiring an expensive “human resource” or trying to use it in a new capacity, expects to get a quick return. Strict control and assessment of the strengths and weaknesses of an employee’s activities make it possible to provide him with the necessary assistance and quickly correct shortcomings. At the same time, the correctness of the appointment decision is verified. In relation to ordinary performers and lower-level managers, such a response is expected to be received within a few months; in relation to middle and senior managers - no later than a year. An employee who cannot cope with his duties is quickly transferred to a less responsible job or fired. Another purpose of shortening the period of formal assessment during this period is to impose high standards of work performance on the employee. Certification is carried out in several stages: preparation, certification itself and summing up.
Training provided by the HR department includes:
. development of principles and methodology for certification;
. publication of regulatory documents on the preparation and conduct of certification (order, list of the certification commission), methodology for conducting certification, plan for conducting certification, training program for managers, instructions for storing personal information);
. preparation of a special program to prepare for certification activities (when conducting certification for the first time using a new methodology);
. preparation of certification materials (blanks, forms, etc.).
Carrying out certification:
. Certified persons and managers independently (according to the structure developed by the personnel service) prepare reports;
. those being certified and not only managers, but also employees and colleagues fill out assessment forms;
. the results are analyzed;
. Meetings of the certification commission are held.
Summing up the certification results
. analysis of personnel information, input and organization of use of personal information;
. preparation of recommendations for working with personnel;
. approval of certification results.
Analysis of certification results
Labor assessment makes it possible to identify workers who do not meet and those who meet labor standards that significantly exceed labor standards.
Personnel assessment contributes to:
. diagnostics of the level of development of professionally important qualities;
. comparison of individual results with standard job requirements (by level and specificity of positions);
. identifying employees with qualities that deviate from standards;
. assessing prospects for effective performance and growth;
. rotations.
Data collation and processing are usually carried out upon completion of certification. To summarize generalized results, comparative tables of employee performance are compiled; risk groups are identified (inefficient workers or workers with a suboptimal level of development of professionally important qualities); growth groups are identified (workers oriented and capable of development and professional performance); Recommendations on the use of certification data are being prepared.
Conducting interviews based on certification results. In addition to feedback from the employee being certified, during the conversation, data is clarified and additional personnel information is collected. Then new and updated data are entered into generalized forms and analyzed.
Organization of data storage. In order for personnel information to be used when making personnel and other decisions, it is necessary to properly organize the storage of information based on certification results. It is necessary to develop a special form for entering and storing information (by personalities, departments, hierarchy levels, areas of activity of departments). It is also necessary to be able to search for information both on these parameters and on the parameters of the quality and quantity of labor.

Questions for self-control

1. Expand the concepts of motivation, incentive, need, incentive, reward.
2. Describe substantive theories of motivation.
3. Describe process theories of motivation.
4. Name the tasks of recognizing the work of employees.
5. Reveal the main forms of employee recognition.
6. What is meant by employee performance assessment?
7. Give methods for individual assessment of workers’ work.
8. Give methods for group assessment of workers’ work.
9. Describe the certification process (personnel assessment).

Subject, method, principles and significance of labor law

Subject of labor law:

the relationship between the employer and the employee in connection with the latter’s performance of a certain job function;

organizational and managerial relations with the participation of administration, trade unions, labor collectives, and other bodies;

social partnership relations;

relations regarding the employment of citizens and ensuring employment;

relations on vocational training (vocational training, retraining and advanced training of personnel) directly with the employer;

relations arising from violations of labor discipline;

relations related to the financial responsibility of employers and employees in the labor sphere;

relations to resolve individual and collective labor disputes;

relations to ensure working conditions and labor protection for workers;

relations for monitoring and supervising compliance with labor laws;

relations for resolving labor disputes.

Labor law method:

a combination of centralized, regional and local legal regulation;

a combination of normative and contractual methods of regulating social relations;

participation of labor collectives and trade unions in the regulation of social relations.

Principles of labor law- guiding principles that determine the essence and directions of development of this branch of law:

freedom of labor;

prohibition of forced labor;

prohibition of discrimination in labor relations;

promotion of employment and protection against unemployment;

unity and differentiation of working conditions in accordance with the requirements of safety, hygiene, increased labor protection of certain categories of workers;

equality of rights and opportunities for workers;

ensuring the right to remuneration for work not lower than the minimum wage established by federal law;

ensuring the right to rest;

promoting employee professional development and personnel training;

recognition of the right to individual and collective labor disputes, including the right to strike;

state guarantees of observance of labor rights of workers;

state and public control and supervision of compliance with labor legislation;

participation of associations of workers, employers, labor collectives in the regulation of labor relations;

ensuring the right of employees to participate in the management of the organization;

unity of principles of normative regulation of labor relations for organizations of any organizational and legal forms;

invalidity of the terms of labor contracts that worsen the situation of workers in comparison with the law.

Sources of labor law:

Constitution of the Russian Federation

Federal laws (Labor Code and others)

Decrees of the President of the Russian Federation

Regulatory acts of the Government of the Russian Federation, the Ministry of Labor and Social Development of the Russian Federation

Laws and other regulations of constituent entities of the Russian Federation

Acts of local government bodies

Local regulations

Regional, industry, professional agreements

Generally recognized principles and norms of international law, international treaties

Labor law reform

Labor law reform includes:

emergence of the employment institution;

individualization of labor relations;

transition from predominantly centralized to predominantly local regulation;

a clear distinction between the functions of the state and the employer;

creating conditions for the employer to function in market relations;

achieving an optimal level of combining the interests of employees and the employer;

changing the functions of trade unions in the direction of protecting the interests of workers;

increasing the role of labor collectives;

development of labor procedural law;

strengthening control and responsibility for violations of workers’ labor rights;

real enforcement and protection of workers' labor rights.

Social partnership in the sphere of labor

Social partnership- a system of relationships between employees (representatives of employees), employers (representatives of employers), state authorities, local governments, aimed at ensuring coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them.

Basic principles of social partnership (Article 24 of the Labor Code of the Russian Federation):

equality of the parties;

respect and consideration of the interests of the parties;

interest of the parties in participating in contractual relations;

state assistance in strengthening and developing social partnership on a democratic basis;

compliance by the parties and their representatives with laws and other regulations;

authority of representatives of the parties;

freedom of choice when discussing issues related to the world of work;

voluntariness of the parties' assumption of obligations;

the reality of the obligations assumed by the parties;

mandatory implementation of collective agreements and agreements;

control over the implementation of adopted collective agreements and agreements;

responsibility of the parties and their representatives for failure to comply with collective agreements through their fault.

Forms of social partnership:

collective negotiations for the preparation of draft collective agreements, agreements and their conclusion;

mutual consultations (negotiations) on issues of regulating labor relations and other relations directly related to them, ensuring guarantees of the labor rights of workers and improving labor legislation;

participation of employees and their representatives in the management of the organization;

participation of representatives of workers and employers in pre-trial resolution of labor disputes.

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

An agreement is a legal act establishing general principles for regulating social and labor relations and related economic relations, concluded between authorized representatives of workers and employers at the federal, regional, sectoral (intersectoral) and territorial levels within their competence.

The collective agreement may include mutual obligations of the employer and employees on the following issues:

form, system and amount of remuneration, monetary rewards, benefits, compensation, additional payments;

a mechanism for regulating wages based on rising prices, inflation levels, and the fulfillment of indicators determined by the collective agreement;

employment, retraining, conditions for releasing workers;

duration of working hours and rest time, vacations;

improving the working conditions and safety of workers, including women and youth (teenagers);

respecting the interests of employees during the privatization of organizations and departmental housing;

environmental safety and health protection of workers at work;

guarantees and benefits for employees combining work with training;

health improvement and recreation for employees and members of their families;

control over the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the functioning of employee representatives;

refusal to strike if the relevant conditions of the collective agreement are met.

A collective agreement, taking into account the financial and economic situation of the employer, may establish benefits and advantages for employees, working conditions that are more favorable in comparison with those established by laws, other regulatory legal acts, and agreements.

The collective agreement includes regulatory provisions if legal and other regulatory legal acts contain a direct instruction on the mandatory enshrinement of these provisions in the collective agreement (Article 41 of the Labor Code of the Russian Federation).

The collective agreement is concluded for a period of no more than three years.

The collective agreement comes into force from the moment it is signed by the parties or from the date established in the collective agreement, and is valid for the entire period.

The collective agreement remains valid in the event of a change in the name of the organization or termination of the employment contract with the head of the organization.

The main forms of employee participation in the management of the organization:

taking into account the opinion of the representative body of employees in cases provided for by the Labor Code and collective agreement;

holding consultations with the employer by representative bodies of workers on the adoption of local regulations containing labor law standards;

obtaining information from the employer on issues directly affecting the interests of employees;

discussing with the employer issues about the work of the organization, making proposals for its improvement;

participation in the development and adoption of collective agreements;

other forms determined by the Labor Code, constituent documents of the organization, collective agreement or local regulations of the organization.

Employee representatives have the right to receive information from the employer on the following issues:

reorganization or liquidation of the organization;

introduction of technological changes entailing changes in working conditions for workers;

professional training, retraining and advanced training of workers;

on other issues provided for by the Labor Code, other federal laws, constituent documents of the organization, and collective agreement.

Representatives of employees also have the right to submit relevant proposals on these issues to the management bodies of the organization and participate in meetings of these bodies when they are considered.

Employment contract

Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to ensure working conditions provided for by the Labor Code, laws and other regulations, collective agreements, agreements, local regulations containing labor law norms, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement and comply with the internal labor regulations in force in the organization.

surname, name, patronymic of the employee and the name of the employer who entered into the employment contract;

place of work (indicating the structural unit);

work start date;

the name of the position, specialty, profession indicating qualifications in accordance with the organization’s staffing table or a specific labor function.

employee rights and obligations;

rights and obligations of the employer;

characteristics of working conditions, compensation and benefits to employees for working in difficult, harmful and (or) dangerous conditions;

work and rest schedule;

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

types and conditions of social insurance directly related to work;

other conditions that do not worsen the employee’s position in comparison with the Labor Code, laws and other regulatory legal acts, collective agreements, and agreements.

The terms of an employment contract can only be changed by agreement of the parties and in writing.

If a fixed-term employment contract is concluded, it shall indicate the period of its validity and the circumstance (reason) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code and other federal laws.

Duration of the employment contract:

indefinite term;

a certain period of not more than five years (fixed-term employment contract).

Parties to the employment contract:

employee - citizen from 16 years of age (from 15 years of age - in case of receiving basic general education or leaving a general education institution, from 14 years of age - working in his free time from study with the consent of one of the parents (guardian, trustee) and the guardianship and trusteeship authority)

employer - a citizen, individual entrepreneur or organization of any organizational and legal form.

An employment contract is concluded in writing. Hiring is formalized by order (instruction) of the employer. The order (instruction) is announced to the employee against receipt.

When concluding an employment contract, a test may be subject to agreement between the parties in order to verify the employee’s suitability for the work assigned to him. The probationary clause must be specified in the employment contract.

The probationary period, unless otherwise established by law, cannot exceed three months, and in some cases established by the Labor Code (Article 70 of the Labor Code) - six months.

If the probation period has expired and the employee continues to work, he is considered to have passed the test, and subsequent termination of the employment contract is allowed only on a general basis.

If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, warning him about this in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test (Article 71 of the Labor Code of the Russian Federation) .

Basic rights and responsibilities of an employee(Article 21 of the Labor Code of the Russian Federation):

The employee has the right to:

conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code and other federal laws;

providing him with work stipulated by the employment contract;

a workplace that meets the conditions provided for by state standards of organization and labor safety and the collective agreement;

timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working holidays, paid annual leave;

complete reliable information about working conditions and labor protection requirements in the workplace;

professional training, retraining and advanced training in the manner established by the Labor Code and other federal laws;

association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

participation in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement;

conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement and agreements;

protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code and other federal laws;

compensation for harm caused to an employee in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code and other federal laws;

compulsory social insurance in cases provided for by federal laws.

The employee is obliged:

conscientiously fulfill his labor duties assigned to him by the employment contract;

comply with the internal labor regulations of the organization;

observe labor discipline;

comply with established labor standards;

comply with labor protection and occupational safety requirements;

treat the property of the employer and other employees with care;

immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property.

Basic rights and obligations of an employer(Article 22 of the Labor Code)

The employer has the right:

conclude, amend and terminate employment contracts with employees in the manner and on the terms established by the Labor Code and other federal laws;

conduct collective negotiations and conclude collective agreements;

encourage employees for conscientious, effective work;

require employees to fulfill their job duties and take care of the property of the employer and other employees, and comply with the internal labor regulations of the organization;

bring employees to disciplinary and financial liability in the manner established by the Labor Code and other federal laws;

adopt local regulations;

create associations of employers for the purpose of representing and protecting their interests and join them.

The employer is obliged:

comply with laws and other regulatory legal acts, local regulations, terms of the collective agreement, agreements and employment contracts;

provide employees with work stipulated by the employment contract;

ensure labor safety and conditions that meet occupational safety and health requirements;

provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties;

provide workers with equal pay for work of equal value;

pay the full amount of wages due to employees within the time limits established by the Labor Code, collective agreement, internal labor regulations of the organization, and employment contracts;

conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code;

provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

promptly comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws and other regulatory legal acts containing labor law standards;

consider submissions from the relevant trade union bodies and other representatives elected by employees about identified violations of laws and other regulatory legal acts containing labor law norms, take measures to eliminate them and report the measures taken to the specified bodies and representatives;

create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement;

provide for the everyday needs of employees related to the performance of their job duties;

carry out compulsory social insurance of employees in the manner 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 under the conditions established by the Labor Code, federal laws and other regulatory legal acts;

perform other duties provided for by the Labor Code, federal laws and other regulatory legal acts containing labor law norms, collective agreements, agreements and employment contracts.

Change of employment contract- transfer to another permanent job in the same organization at the initiative of the employer, that is, a change in the labor function or a change in the essential terms of the employment contract, as well as transfer to a permanent job in another organization or to another location together with the organization - is allowed only with the written consent of the employee ( Article 72 of the Labor Code).

For reasons related to changes in organizational or technological working conditions, it is allowed to change the essential terms of the employment contract determined by the parties at the initiative of the employer when the employee continues to work without changing the job function. The employee must be notified by the employer in writing of the introduction of these changes no later than two months before their introduction (Article 73 of the Labor Code).

Temporary transfers without the employee’s consent:

In case of production necessity, the employer has the right to transfer the employee for a period of up to one month to a job not stipulated by the employment contract in the same organization with wages for the work performed, but not lower than the average earnings for the previous job. Such a transfer is permitted to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, accident or natural disaster; to prevent accidents, downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature), destruction or damage to property, as well as to replace an absent employee. In this case, the employee cannot be transferred to a job that is contraindicated for him due to health reasons.

The duration of a transfer to another job to replace an absent employee cannot exceed one month during a calendar year (from January 1 to December 31).

Grounds for termination of an employment agreement (contract)(Article 77 of the Labor Code):

agreement of the parties (Article 78);

expiration of the employment contract (clause 2 of Article 58), 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 (Article 80);

termination of an employment contract at the initiative of the employer (Article 81);

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

the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75);

the employee’s refusal to continue working due to a change in the essential terms of the employment contract (Article 73);

refusal of an employee to transfer to another job due to health conditions in accordance with a medical report (part two of Article 72);

the employee’s refusal to transfer due to the employer’s relocation to another location (part one of Article 72);

circumstances beyond the control of the parties (Article 83);

violation of the rules for concluding an employment contract established by the Labor Code or other federal law, if this violation excludes the possibility of continuing work (Article 84).

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

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of laws and other regulations containing norms of labor law, conditions of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract. (Article 80 of the Labor Code)

An employment contract can be terminated by the employer in the following cases (Article 81 of the Labor Code):

liquidation of the organization or termination of activities by the employer - an individual;

reduction in the number or staff of the organization's employees;

inconsistency of the employee with the position held or the work performed due to:

a) health status in accordance with a medical report;

b) insufficient qualifications confirmed by certification results;

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

repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

6) a single gross violation by an employee of labor duties:

a) absenteeism (absence from the workplace without good reason for more than four hours in a row during the working day);

b) appearing at work in a state of alcohol, drug or other toxic intoxication;

c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties;

d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of the body authorized to apply administrative penalties;

e) violation by an employee of labor protection requirements, if this violation entailed serious consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences;

commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer;

the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

a single gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties;

the employee submits false documents or knowingly false information to the employer when concluding an employment contract;

termination of access to state secrets if the work performed requires access to state secrets;

provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;

in other cases established by the Labor Code and other federal laws.

Dismissal on the grounds specified in paragraphs 2 and 3 of Article 81 of the Labor Code is permitted if it is impossible to transfer the employee with his consent to another job.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of the organization or termination of activities by the employer - an individual) during the period of his temporary incapacity for work and while on vacation.

When making a decision to reduce the number or staff of employees of an organization and the possible termination of employment contracts with employees in accordance with paragraph 2 of Article 81 of the Labor Code, the employer is obliged to notify the elected trade union body of this organization in writing no later than two months before the start of the relevant activities , and if the decision to reduce the number or staff of the organization’s employees may lead to mass dismissal of workers - no later than three months before the start of the relevant activities. The criteria for mass dismissal are determined in sectoral and (or) territorial agreements.

The dismissal of workers who are members of a trade union under paragraph 2, subparagraph “b” of paragraph 3 and paragraph 5 of Article 81 of the Labor Code is carried out taking into account the reasoned opinion of the elected trade union body of this organization (Article 82 of the Labor Code).

Grounds for termination of an employment contract due to circumstances beyond the control of the parties:

conscription of an employee into military service or sending him to an alternative civilian service that replaces it;

reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court (if it is impossible to transfer the employee to another job with his consent);

failure to be elected to office;

convicting the employee to a punishment that precludes the continuation of his previous work, in accordance with a court verdict that has entered into legal force;

recognition of the employee as completely disabled in accordance with a medical report;

death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing;

the occurrence of emergency circumstances that impede the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the relevant constituent entity of the Russian Federation.

Upon termination of an employment contract due to the liquidation of an organization (clause 1 of Article 81) or a reduction in the number or staff of the organization's employees (clause 2 of Article 81), the dismissed employee is paid severance pay in the amount of average monthly earnings, and he is also retained the average monthly earnings for the period of employment , but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

Severance pay in the amount of two weeks' average earnings is paid to employees upon termination of an employment contract due to:

the employee’s inadequacy for the position held or the work performed due to a health condition that prevents the continuation of this work (subparagraph “a” of paragraph 3 of Article 81);

calling up an employee for military service or sending him to an alternative civilian service that replaces it (clause 1 of Article 83);

reinstatement of the employee who previously performed this work (clause 2 of Article 83);

the employee’s refusal to transfer due to the employer’s relocation to another location (clause 9 of Article 77).

An employment contract or collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay (Article 178 of the Labor Code).

When the number or staff of an organization's employees is reduced, priority right to remain at work is given to employees with higher labor productivity and qualifications. With equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood); persons in whose family there are no other independent workers; employees who received a work injury or occupational disease in this organization; disabled people of the Great Patriotic War and disabled people fighting in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work. The collective agreement may provide for other categories of employees of the organization who enjoy a preferential right to remain at work with equal labor productivity and qualifications (Article 179 of the Labor Code).

When carrying out measures to reduce the number or staff of an organization’s employees, the employer is obliged to offer the employee another available job (vacant position) in the same organization that corresponds to the employee’s qualifications.

Employees are notified by the employer personally and against signature of the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees, at least two months before the dismissal.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him without notice of dismissal two months in advance, while simultaneously paying additional compensation in the amount of two months' average earnings (Article 180 of the Labor Code).

In the event of termination of an employment contract with the head of the organization, his deputies and the chief accountant in connection with a change in the owner of the organization, the new owner is obliged to pay compensation to these employees in the amount of at least three average monthly earnings of the employee (Article 181 of the Labor Code).

Work time

Working time is the time during which an employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties.

The normal working hours of employees cannot exceed 40 hours per week (Article 91 of the Labor Code).

Shortened working hours (Article 92 of the Labor Code):

Normal working hours are reduced by:

16 hours per week - for workers under the age of sixteen;

5 hours per week - for employees who are disabled people of group I or II;

4 hours per week - for workers aged sixteen to eighteen years;

4 hours a week or more - for workers engaged in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.

Federal law may establish reduced working hours for other categories of workers (teaching, medical and other workers).

By agreement between the employee and the employer, a part-time or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a patient family member in accordance with a medical report. When working on a part-time basis, the employee’s remuneration is made in proportion to the time he worked or depending on the amount of work he performed (Article 93 of the Labor Code).

Job outside normal working hours can be carried out:

at the initiative of the employee (part-time work) - work cannot exceed four hours a day and 16 hours a week (Article 98 of the Labor Code);

at the initiative of the employer (overtime).

Overtime work- work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period.

Involvement in overtime work is carried out by the employer with the written consent of the employee in the following cases:

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

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

if it is necessary to perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the normal number of working hours, if failure to perform (non-completion) of this work may entail damage or destruction of the property of the employer, state or municipal property or create a threat to the life and health of people;

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 employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization.

Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with federal law. Involving disabled people and women with children under three years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. At the same time, disabled people and women with children under three years of age must be informed in writing of their right to refuse overtime work.

Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. (Article 99 of the Labor Code).

Time relax

Rest time is the time during which employees are free from performing their work duties:

breaks for rest and meals during the working day (Article 102 of the Labor Code);

daily (between shifts) rest;

weekends (weekly continuous rest) - at least 42 hours (Articles 110, 111 of the Labor Code);

holidays (Article 112 of the Labor Code);

leave (annual, additional, without pay, others).

Annual basic paid leave is provided to employees for 28 calendar days. Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with the Labor Code and other federal laws.

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other areas. cases provided for by federal laws.

Organizations, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations.

Paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of his continuous work in this organization. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

employees who adopted a child (children) under the age of three months;

in other cases provided for by federal laws.

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established in a given organization (Article 122 of the Labor Code).

The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of the organization no later than two weeks before the start of the calendar year. The vacation schedule is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation no later than two weeks before it begins.

Annual paid leave must be extended in the following cases:

temporary disability of the employee;

the employee performs state duties during his annual paid leave, if the law provides for exemption from work for this purpose;

in other cases provided for by laws and local regulations of the organization.

Annual paid leave by agreement between the employee and the employer is postponed to another period if the employee was not paid in a timely manner during this leave or the employee was notified about the start time of the leave later than two weeks before it began.

In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted. It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Part of the vacation exceeding 28 calendar days, upon the written application of the employee, can be replaced by monetary compensation. Replacement of vacation with monetary compensation for pregnant women and employees under the age of eighteen, as well as employees engaged in heavy work and work with harmful and (or) dangerous working conditions, is not allowed.

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, based on a written application from the employee, to provide leave without pay:

participants of the Great Patriotic War - up to 35 calendar days a year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by the Labor Code, other federal laws or a collective agreement (Article 128 of the Labor Code).

Concept, meaning, principles, sources, labor law reform

Employment contract, procedure for its conclusion, amendment, termination

Working time and rest time

Guidelines

Labor legislation plays a vital role in ensuring the rights of citizens in the field of labor relations. Currently, directions for reforming labor law are being intensively discussed in order to ensure a balance of interests of workers and employers in accordance with the realities of a market economy, taking into account the need for increased protection of the rights and interests of workers. In December 2002, a new Labor Code was adopted, which should form the legal basis for conducting practical classes.

First of all, students should understand the subject, method and principles of labor law, as well as the basic concepts of its reform. On the issue of collective agreement, it is important to understand its importance for protecting the labor rights of workers; If possible, consider the content of real collective agreements concluded in various organizations.

Significant attention should be paid resolving practical disputes related to hiring, transfers, and termination of employment relationships. As a rule, difficulties are caused by issues of determining the moment of concluding an employment contract, the legal consequences of establishing a test when hiring; the procedure for dismissing employees at the initiative of the employer. It is possible to conduct a business game on this topic with modeling of various legal situations to resolve relevant labor disputes.

A significant number of violations of workers’ rights in modern conditions occur in the sphere of regulation of working time and rest time, which predetermines the need for a careful study of the norms of the Labor Code of the Russian Federation devoted to these issues. It is important to understand the essence of different types of working time (part-time, reduced). Especially should be considered

The plant entered into an employment agreement with the painter Sinelnikov to paint the working locker room with payment upon completion of the work. A month after finishing work, Sinelnikov demanded, in addition to the agreed payment, to pay him compensation for unused vacation.

Is his demand legal? What was Sinelnikov’s relationship with the plant? (see section 3 of the Labor Code)

The publishing house entered into an agreement with Professor Simonov to publish his textbook. The editing of the textbook was entrusted to the senior editor of the publishing house Fadeeva.

What legal relationship do these persons have with the publishing house? (see section 3 of the Labor Code)

When hiring for the position of economist in the financial department in the human resources department, Smirnova was required to provide the following documents: 1) passport; 2) work book; 3) diploma of higher education; 4) health certificate; 5) reference from your previous place of work.

Is it legal for the administration to provide Smirnova with all the listed documents? (see section 3 of the Labor Code)

On March 10, citizen Karasev applied to the personnel department of the printing plant with an application for employment as a 3rd category printer. The personnel department accepted his application, received his consent to undergo a month-long test and sent the worker to the workshop, where he began work on March 11. The order to hire him was issued only on March 14.

After working for two weeks, Karasev fell ill and was on sick leave for a whole week. When he went to work at the beginning of the fourth week, he was called to the personnel department, where he was told the director’s order that from the next day he would quit as having failed the test.

Since when was the employment contract concluded with Karasev? Is it legal for him to undergo a pre-employment test? Was Karasev legally dismissed, and where can he appeal the dismissal decision if he considers it illegal? (see section 3 of the Labor Code)

Driver Ivashov, hired at the factory as a passenger car driver, was transferred to another job as a loader due to the car being sent for repairs. However, Ivashov refused this transfer. For his refusal, the administration fired him for absenteeism (clause a) clause 6 of Article 81 of the Labor Code of the Russian Federation).

Ivashov filed a lawsuit for reinstatement at his previous job.

What is the procedure for transferring to another job in case of downtime? What decision should the court make? (see section 3 of the Labor Code)

Economist Timofeeva was transferred from the planning department of the publishing house to the supply department; the range of responsibilities, work hours, wages and other working conditions have not changed. Timofeeva appealed the transfer to the labor dispute commission as being made without her consent.

What decision should the labor dispute commission make? Will the solution to the problem change if the supply department is located in another structural unit located in another area of ​​the city? Formalize the decision of the labor dispute commission. (see section 3 of the Labor Code)

Konkov entered into a 5-year employment contract to work in the Far North as a machine tool adjuster. After working for a year and a half, he submitted an application with a request to dismiss him at his own request.

Does Konkov have the right to demand dismissal at his own request? What is the procedure for terminating an employment contract at the initiative of an employee? (see section 3 of the Labor Code)

In connection with the reduction in the volume of work, the director issued an order to reduce the positions of employees of the economic services of the printing house. The following economists were laid off: Ivanova, who has no special education; Sokolova, who worked in the printing house for only six months, is a pensioner Chernyshova. The elected trade union body agreed to the dismissal of these workers. It subsequently turned out that Sokolova was pregnant.

What is the procedure for dismissing employees due to staff reduction? What guarantees are provided by law for redundant employees? Are the administration’s actions legal under the terms of the assignment? (see sections 3, 7 of the Labor Code)

Locksmith Shchukin was fired by the plant administration for systematic violations of labor discipline under clause 5 of Art. 81 Labor Code of the Russian Federation. Challenging the legality of the dismissal, Shchukin wrote that he actually committed violations of labor discipline, but no penalties were announced to him for them.

What is the procedure for dismissing an employee for systematic failure to fulfill his or her job duties without good reason? Is Shchukin’s dismissal legal, and where can he turn if he considers his dismissal illegal? Is the consent of the elected trade union body required for dismissal on this basis? In what cases is the prior consent of the relevant elected trade union body required for dismissal at the initiative of the employer? (see section 3 of the Labor Code)

The minor worker Markin was dismissed by the administration of the printing house under paragraphs. d) clause 6 of Article 81 of the Labor Code of the Russian Federation due to the fact that he was detained at the checkpoint with three copies of a book printed in the printing house.

Is Markin's dismissal legal? What additional requirements must be met by the administration when dismissing a minor employee? In what cases and under what conditions is it permissible to dismiss minor workers due to reduction in numbers or staff? (see section 3, 7 Labor Code, chapter 42 Labor Code)

The General Meeting of Shareholders decided to dismiss the director of the joint-stock company due to the failure of the joint-stock company to receive the planned amount of profit in the reporting year.

Is it possible to dismiss an employee on this basis? Is it permissible to dismiss an employee for reasons not specified in the law? (see section 3, 7, chapter 43 of the Labor Code)

In connection with receiving a lucrative order, the director of the printing house, in agreement with the elected trade union body, issued an order to increase the working day for workers in the main workshops by two hours.

Are the actions of the director and the elected trade union body legal? Why? (see section 4 of the Labor Code)

Pavlova went to work at a publishing house as a proofreader with a 7-hour working day. Two years later, she appealed to the administration with a request to establish a four-hour working day for her, since she was forced to care for her seriously ill mother. The administration, citing the need for the employee to remain in this position for a full working day, refused Pavlova’s request, offering to resign of her own free will.

What length of the working day did Pavlova ask for? What are the grounds and procedure for its establishment? Are the administration's actions legal? (see section 4 of the Labor Code)

The collective agreement of the enterprise contains a condition according to which persons who violate labor discipline, in particular, those who are late for work and absentees, can be required to work overtime without any additional pay.

Is this provision of a collective agreement legal? In what cases and in what order is overtime work performed? How are they paid? (see sections 4, 6 of the Labor Code)

Potapov, a minor worker hired on March 12, in June of the same year asked the administration to grant him annual leave from July 1.

After what period of employment does an employee become entitled to vacation? In what order are annual leave granted for the second and subsequent years of work?

Is Potapov's request based on the law? What categories of employees are granted leave before the end of 11 months of continuous work? (see section 5 and chapter 42 of the Labor Code)

The head of the publishing department, Medvedev, due to production needs, did not use his annual leave and demanded monetary compensation for it.

Is it allowed and in what cases, in what order is it possible to transfer annual leave to the next year, and how is this leave used? Can Medvedev be paid compensation for unused vacation? (see section 5 of the Labor Code)

Due to the lack of orders, the director of the printing house suggested that all employees of the main workshops go on leave without pay for a period of 20 days. The workers did not agree to such leave, and the director threatened to take disciplinary action against them.

Are the director's actions legal? Do employees have the right to demand payment in connection with their forced downtime? Who can pay for forced leave of employees? (see sections 4, 5 of the Labor Code)

The seller of the Pushkin bookstore appealed to the administration with a request to grant her study leave to take tests and exams at the Moscow State University of Printing Arts, where she is an evening student. The administration, citing the impossibility of replacing Pushkina, offered her to work part-time during the session with payment in accordance with the working hours worked.

Are the actions of the store administration legal? What benefits do employees who combine work and study have? How are vacations paid in connection with studying in evening and part-time higher and secondary specialized educational institutions? (see Chapter 26 of the Labor Code)

Principles of labor law

Labor law reform

Termination of an employment contract at the initiative of the employer

The essence and significance of social partnership

Holiday legislation

First of all, students should understand concept, meaning, subject, method and principles of labor law, as well as the basic concepts of its reform. The labor law system represents the distribution of industry norms among groups and institutions and their sequential arrangement depending on the essence of regulated social relations and the meaning of the norms. When studying this issue should be determined content of the General and Special (special) parts of labor law; characterize the main legal institutions of the industry. Sources of labor law include not only federal laws and by-laws, but also acts of constituent entities of the Russian Federation. It is necessary to emphasize the importance of the norms of the Constitution in regulating labor relations. In the system of labor regulations, agreements play a significant role: general, sectoral, special, as well as collective agreements. Important to pay attention on the content and principles of concluding a collective agreement, its importance for protecting the labor rights of workers.

Hiring is formalized by concluding a written employment contract. The student needs to know signs of an employment contract that make it possible to distinguish it from civil contracts; pay attention to the range of subjects of the employment contract. The contents of the agreement are necessary and additional conditions determined by agreement of the parties. The student must understand the essence of these conditions; know the possible terms for concluding an employment contract and the conditions for their application. The legislation provides for a certain procedure for concluding an employment contract. It is necessary to understand what documents are required to conclude an employment contract, what are the employer’s responsibilities for applying for a job; what is a test, what is the procedure and consequences of its establishment.

In the course of work, there is often a need to change the content of the employment contract, which is called translation and requires compliance with a certain procedure. The student should study various types of employee transfers and the procedure for their implementation, including transfers in case of downtime or production necessity. Termination of an employment contract is carried out on the grounds specified in the law: at the initiative of the employee, at the initiative of the employer; due to circumstances beyond the control of the parties; on other grounds listed in Article 77 of the Labor Code. Termination of the contract is carried out in accordance with the procedure specified by law. Please note on the procedure for dismissing employees for guilty or innocent reasons, especially due to a reduction in the number or staff of employees, or the liquidation of an organization. It is important to understand that an employee can only be dismissed on grounds provided by law, which is an important guarantee of the protection of his labor rights.

A significant number of violations of workers’ rights in modern conditions occur in the sphere of regulation of working time and rest time, which predetermines the need for a careful study of the norms of the Labor Code of the Russian Federation devoted to these issues. It is important to understand the essence of different types of working time (normal, part-time, shortened). Particular consideration should be given to cases and procedures for overtime work; procedure for granting annual leave and leave without pay.

As a result of studying this topic the student must figure it out in the concept and meaning of labor law, its system, principles, sources. Please note on local sources of labor law - agreements and collective agreements. An important issue on the topic is the employment contract; you should know its signs, content, form of conclusion, timing. Need to pay attention on the procedure for concluding, amending and terminating an employment agreement (contract). As part of the topic, you should also study the concept and types of working time, rest time; pay attention to the procedure for carrying out and paying overtime work; procedure for granting and transferring annual leave.

Useful information on labor law (news, consultations, books, periodicals, reviews) can be found on the website: http://labourlaw.report.ru/default.asp, the text of the Labor Code is posted on the website http://www.garweb.ru /project/mintrud/tk/, consultations on various issues of labor law http://labourlaw.report.ru/_5FolderID_218_.html

What social relations are regulated by labor law?

What is the essence of the principles of labor law?

What are the main directions of labor law reform?

What is a collective agreement? What is its approximate content and principles of conclusion?

What is an employment contract? How is it different from other types of contracts?

In what form and for what period can an employment contract be concluded?

1. What is the procedure for hiring?

What is an employment test, what are its terms and legal significance?

What are the legal grounds and procedure for terminating an employment contract?

In what cases and under what conditions are permanent and temporary transfers to another job possible?

What are working time and rest time?

What types of working time and rest time do you know?

What is the difference between short-time and part-time work?

In what cases and in what order is overtime work allowed? How are they paid?

What is the procedure for granting and transferring vacations?

Constitution of the Russian Federation, any edition

Labor Code of the Russian Federation, 2002

Kashanina T.V., Kashanin A.V. Fundamentals of Russian law. - M., 2011

Right. Textbook for university students studying economics / Edited by N.A.Teplova, M.V.Malinkovich - M., 2003

Labor law, textbook, most modern edition

Labor law. Workshop / edited by K.N. Gusov. - M.: 1997

Legal regulation of wages

Remuneration is a system of relations related to ensuring that the employer establishes and makes payments to employees for their work in accordance with laws, other regulations, collective agreements, agreements, local regulations and employment contracts.

Wage- remuneration for labor depending on the employee’s qualifications, complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments.

Basic state guarantees for remuneration of workers (Article 130 of the Labor Code):

the minimum wage in the Russian Federation;

the minimum tariff rate (salary) for employees of public sector organizations in the Russian Federation;

measures to ensure an increase in the level of real wages;

limiting the list of grounds and amounts of deductions from wages by order of the employer, as well as the amount of taxation of income from wages;

limitation of remuneration in kind;

ensuring that the employee receives wages in the event of termination of the employer’s activities and its insolvency in accordance with federal laws;

state supervision and control over the full and timely payment of wages and the implementation of state guarantees for wages;

responsibility of employers for violation of the requirements established by the Labor Code, laws, other regulatory legal acts, collective agreements, agreements;

terms and order of payment of wages.

Payment of wages is made in cash in the currency of the Russian Federation (in rubles). In accordance with a collective agreement or an employment contract, upon a written application from an employee, remuneration may be made in other forms that do not contradict the legislation of the Russian Federation and international treaties of the Russian Federation. The share of wages paid in non-monetary form cannot exceed 20 percent of the total wages.

The salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended, and is not limited to a maximum amount. Any discrimination in setting and changing wages and other conditions of remuneration is prohibited.

Remuneration systems:

tariff;

tariff-free;

piecework;

time-based;

premium;

Wage systems, tariff rates, salaries, various types of payments are established:

employees of organizations financed from the budget - by relevant laws and other regulatory legal acts;

employees of organizations with mixed financing (budget financing and income from business activities) - laws, other regulations, collective agreements, agreements, local regulations of organizations;

employees of other organizations - collective agreements, agreements, local regulations of organizations, labor contracts.

The system of remuneration and incentives for labor, including increased pay for work at night, weekends and non-working holidays, overtime work and in other cases, is established by the employer taking into account the opinion of the elected trade union body of the organization (Article 135 of the Labor Code).

Deductions from an employee's salary are made only in cases provided for by the Labor Code and other federal laws.

Deductions from an employee’s salary to pay off his debt to the employer can be made (Article 137 of the Labor Code):

to reimburse an unpaid advance issued to an employee on account of wages;

to repay an unspent and not returned timely advance payment issued in connection with a business trip or transfer to another job in another area, as well as in other cases;

to return amounts overpaid to the employee due to accounting errors, as well as amounts overpaid to the employee, if the body for the consideration of individual labor disputes recognizes the employee’s guilt in failure to comply with labor standards (part three of Article 155 of the Labor Code) or downtime (part three of Article 157 of the Labor Code) ;

upon dismissal of an employee before the end of the working year for which he has already received annual paid leave for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds specified in paragraphs 1, 2, subparagraph “a” of paragraph 3 and paragraph 4 of Article 81, paragraphs 1, 2, 5, 6 and 7 of Article 83 of the Labor Code.

Wages overpaid to an employee (including due to incorrect application of laws or other regulations) cannot be recovered from him, except in the following cases:

counting error;

if the body for the consideration of individual labor disputes recognizes the employee’s guilt in failure to comply with labor standards (part three of Article 155) or downtime (part three of Article 157);

if the wages were overpaid to the employee in connection with his unlawful actions established by the court.

The total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws - 50 percent of wages due to the employee.

When deducting from wages under several executive documents, the employee must, in any case, retain 50 percent of the wages.

These restrictions do not apply to deductions from wages when serving correctional labor, collection of alimony for minor children, compensation for harm caused by an employer to an employee’s health, compensation for harm to persons who suffered damage due to the death of a breadwinner, and compensation for damage caused by a crime. The amount of deductions from wages in these cases cannot exceed 70 percent.

Deductions from payments that are not subject to collection in accordance with federal law are not allowed (Article 138 of the Labor Code).

Special rules for regulating wages are provided in the following cases:

remuneration of heads of organizations, their deputies, chief accountants (Article 145 of the Labor Code);

remuneration under special conditions (Article 146 of the Labor Code);

remuneration for work of various qualifications (Article 150 of the Labor Code);

when combining professions and performing the duties of temporarily absent workers (Article 151 of the Labor Code);

remuneration outside the normal working hours (Article 152 of the Labor Code);

wages on weekends and non-working holidays (Article 153 of the Labor Code);

remuneration for work at night (Article 154 of the Labor Code);

remuneration for failure to comply with labor standards (job duties) (Article 155 of the Labor Code);

remuneration for labor in the manufacture of products that turned out to be defective (Article 156 of the Labor Code);

payment for downtime (Article 157 of the Labor Code);

remuneration for the development of new industries (products) (Article 158 of the Labor Code).

The employer and (or) representatives of the employer authorized by him in the established manner, who have delayed the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code and other federal laws.

In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. Suspension of work is not allowed:

during periods of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;

in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire-fighting work, work to prevent or eliminate natural disasters and emergency situations, in law enforcement agencies;

civil servants;

in organizations directly servicing particularly hazardous types of production and equipment;

in organizations related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations) (Article 142 of the Labor Code).

Guarantee payments- payments received by an employee for the time when, for good reasons provided for by law, he does not fulfill his job duties.

Guarantees are established:

employees involved in the performance of state or public duties (Article 170 of the Labor Code);

employees elected to trade union bodies and labor dispute commissions (Article 171 of the Labor Code);

employees elected to elective positions in government bodies; local government bodies (Article 172 of the Labor Code);

employees combining work with training (Chapter 26 of the Labor Code);

employees upon liquidation of an organization, reduction in the number or staff of employees (Article 180 of the Labor Code);

when transferring an employee to another permanent lower-paid job (Article 182 of the Labor Code);

in case of temporary disability (Article 183 of the Labor Code);

in case of an accident at work and occupational disease (Article 184 of the Labor Code);

employees sent for advanced training (Article 187 of the Labor Code);

employees sent for medical examination (Article 185 of the Labor Code);

employees if they donate blood and its components (Article 186 of the Labor Code).

Compensation payments- payments that reimburse the employee for expenses that compensate for moral and material damage incurred in connection with the performance of work duties.

Labor discipline and legal means of ensuring it

Labor discipline- obligatory obedience for all employees to the rules of conduct determined in accordance with the Labor Code, other laws, collective agreements, agreements, employment contracts, local regulations of the organization.

The employer is obliged to create the conditions necessary for employees to comply with labor discipline.

Regulatory legal acts regulating labor discipline:

Labor Code (section 7);

Internal labor regulations;

Charters and Regulations on discipline of certain categories of workers;

Technical rules and instructions;

Job descriptions (instructions);

other legal acts.

Incentives are public recognition of the special results of employees’ work, which is carried out through:

rewards for success at work;

• incentives for special labor merits.

The employer encourages employees who conscientiously perform their job duties (declares gratitude, gives a bonus, awards a valuable gift, a certificate of honor, nominates them for the title of the best in the profession).

Other types of incentives for employees for work are determined by a collective agreement or internal labor regulations of the organization, as well as charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards (Article 191 of the Labor Code).

For violations of labor discipline, the administration brings the employee to disciplinary liability:

general (for most employees);

special (for prosecutors, civil servants, railway workers and other categories of workers).

The basis for disciplinary liability is the commission of a disciplinary offense - a culpable unlawful failure or improper performance by an employee of his assigned job duties.

For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions (Article 192 of the Labor Code):

comment;

• dismissal for appropriate reasons.

Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions. The application of disciplinary sanctions not provided for by federal laws, charters and regulations on discipline is not permitted.

The procedure for applying disciplinary sanctions (Article 193 of the Labor Code):

Before imposing disciplinary action, the employer must request a written explanation from the employee. If the employee refuses to give the specified explanation, a corresponding act is drawn up. An employee’s refusal to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied. The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication. If the employee refuses to sign the specified order (instruction), a corresponding act is drawn up. A disciplinary sanction can be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.

Removal of disciplinary action:

after a year has passed from the date of application, if the employee has not been subjected to a new disciplinary sanction;

before the end of the year at the initiative of the employer, employee, petition of the immediate manager or representative body of employees (Article 194 of the Labor Code).

Financial liability of the employer and employees

Financial liability of employer and employee- liability for damage caused to the other party in the labor relationship.

Grounds for holding an employee or employer liable:

the presence of direct actual damage;

unlawful behavior of the employee or employer;

the causal relationship between the unlawful behavior and the damage caused;

the fault of the employee or employer.

Grounds for the employer's financial liability:

illegal deprivation of an employee’s opportunity to work (Article 234 of the Labor Code);

damage caused to the employee’s property (Article 235 of the Labor Code);

delay in payment of wages (Article 236 of the Labor Code);

moral damage caused to an employee by unlawful actions or inactions of the employer (Article 237 of the Labor Code).

Types of financial liability of employees:

individual;

brigade;

limited;

The employee is obliged to compensate the employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee.

Circumstances excluding the employee’s financial liability (Article 239 of the Labor Code) - the occurrence of damage due to:

force majeure;

normal economic risk,

extreme necessity;

necessary defense;

failure by the employer to fulfill the obligation to provide appropriate conditions for storing property entrusted to the employee.

For damage caused, the employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by federal law. (Article 241 of the Labor Code).

Financial liability in the full amount of damage caused is assigned to the employee in the following cases:

when, in accordance with the Labor Code or other federal laws, the employee is held financially liable in full for damage caused to the employer during the performance of the employee’s job duties;

shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;

intentional causing of damage;

causing damage while under the influence of alcohol, drugs or toxic substances;

causing damage as a result of the employee’s criminal actions established by a court verdict;

causing damage as a result of an administrative violation, if established by the relevant government body;

disclosure of information constituting a secret protected by law (official, commercial or other), in cases provided for by federal laws;

causing damage not while the employee was performing his job duties.

Financial liability in the full amount of damage caused to the employer can be established by an employment contract concluded with the head of the organization, deputy managers, and chief accountant.

Damage compensation procedure:

by order of the employer (liability within the limits of average monthly earnings);

judicial.

Occupational Safety and Health

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, treatment and preventive, rehabilitation and other measures.

The main directions of state policy in the field of labor protection (Article 210 of the Labor Code):

• ensuring the priority of preserving the life and health of workers;
• adoption and implementation of federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation on labor protection, as well as federal target, sectoral target and territorial target programs for improving working conditions and safety;

state management of labor protection;

state supervision and control over compliance with labor protection requirements;

promoting public control over compliance with the rights and legitimate interests of workers in the field of labor protection;

investigation and recording of industrial accidents and occupational diseases;

protection of the legitimate interests of workers affected by industrial accidents and occupational diseases, as well as members of their families on the basis of compulsory social insurance of workers against industrial accidents and occupational diseases;

establishing compensation for hard work and work with harmful and (or) dangerous working conditions that cannot be eliminated at the current technical level of production and labor organization;

coordination of activities in the field of labor protection, environmental protection and other types of economic and social activities;

dissemination of advanced domestic and foreign experience in improving labor conditions and safety;

state participation in financing labor protection measures;

training and advanced training of labor protection specialists;

organization of state statistical reporting on working conditions, as well as on industrial injuries, occupational morbidity and their material consequences;

ensuring the functioning of a unified labor protection information system;

international cooperation in the field of labor protection;

carrying out an effective tax policy that stimulates the creation of safe working conditions, the development and implementation of safe equipment and technologies, and the production of personal and collective protective equipment for workers;

establishing a procedure for providing workers with personal and collective protective equipment, as well as sanitary facilities and devices, medical and preventive means at the expense of employers.

Responsibilities of the employer to ensure safe conditions and labor protection: (Article 212 of the Labor Code):

The employer is obliged to provide:

safety of workers during the operation of buildings, structures, equipment, implementation of technological processes, as well as tools, raw materials and materials used in production;

use of personal and collective protective equipment for workers;

working conditions at each workplace that meet labor safety requirements;

work and rest regime for employees in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;

acquisition and issuance at our own expense of special clothing, special shoes and other personal protective equipment, flushing and neutralizing agents in accordance with established standards to workers engaged in work with harmful and (or) dangerous working conditions, as well as in work performed in special temperature conditions or related to pollution;

training in safe methods and techniques for performing work on labor protection and providing first aid in case of accidents at work, instruction in labor protection, on-the-job training and testing of knowledge of labor protection requirements, safe methods and techniques for performing work;

prohibition from work of persons who have not undergone training and instructions on labor protection, internship and testing of knowledge of labor protection requirements in accordance with the established procedure;

organizing control over the state of working conditions in the workplace, as well as over the correct use of personal and collective protective equipment by employees;

carrying out certification of workplaces according to working conditions with subsequent certification of work on labor protection in the organization;

in cases provided for by the Labor Code, laws and other regulatory legal acts, organize, at its own expense, mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations (examinations) of employees, extraordinary medical examinations (examinations) of employees at their request, in accordance with a medical report, with their place of work (position) and average earnings retained for the duration of the specified medical examinations (examinations);

preventing employees from performing their job duties without undergoing mandatory medical examinations (examinations), as well as in the case of medical contraindications;

informing workers about labor conditions and safety in the workplace, about the existing risk of damage to health and the compensation and personal protective equipment they are entitled to;

providing state labor protection management bodies, state supervision and control bodies, trade union control bodies over compliance with labor and labor protection legislation with information and documents necessary for them to exercise their powers;

taking measures to prevent emergency situations, preserve the life and health of workers in the event of such situations, including providing first aid to victims;

investigation and recording of industrial accidents and occupational diseases in accordance with the procedure established by the Labor Code and other regulatory legal acts;

sanitary, medical and preventive services for workers in accordance with labor protection requirements;

unimpeded access to officials of state labor protection bodies, state supervision and control bodies over compliance with labor legislation and other regulatory legal acts containing labor law norms, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of public control bodies for the purpose of conducting inspections of conditions and safety labor in the organization and investigation of industrial accidents and occupational diseases;

fulfilling the instructions of officials of the bodies of state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, and considering the submissions of public control bodies within the time limits established by the Labor Code and other federal laws;

compulsory social insurance of workers against industrial accidents and occupational diseases;

familiarization of workers with labor protection requirements;

development and approval, taking into account the opinion of an elected trade union or other body authorized by employees, of instructions on labor protection for employees;

the presence of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of the organization’s activities.

Responsibilities of an employee in the field of labor protection (Article 214 of the Labor Code):

comply with labor protection requirements established by laws and other regulatory legal acts, as well as rules and instructions on labor protection;

correctly use personal and collective protective equipment;

undergo training in safe methods and techniques for performing work on labor protection, providing first aid in case of accidents at work, instruction in labor protection, on-the-job training, testing of knowledge of labor protection requirements;

immediately notify your immediate or superior manager about any situation that threatens the life and health of people, about every accident that occurs at work, or about a deterioration in your health, including the manifestation of signs of an acute occupational disease (poisoning);

undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations).

Employee rights to work that meets safety and hygiene requirements (Article 219 of the Labor Code):

Every employee has the right to:

a workplace that meets labor protection requirements;

compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;

obtaining reliable information from the employer, relevant government bodies and public organizations about labor conditions and safety in the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) hazardous production factors;

refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;

provision of personal and collective protective equipment in accordance with labor protection requirements at the expense of the employer;

training in safe labor methods and techniques at the expense of the employer;

professional retraining at the expense of the employer in the event of liquidation of a workplace due to violation of labor protection requirements;

a request for an inspection of labor conditions and labor protection at his workplace by state supervision and control bodies over compliance with labor and labor protection legislation, employees carrying out state examination of working conditions, as well as trade union control bodies over compliance with labor and labor protection legislation;

appeal to state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;

personal participation or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an industrial accident or occupational disease that has occurred to him;

an extraordinary medical examination (examination) in accordance with medical recommendations with retention of his place of work (position) and average earnings during the said medical examination (examination);

compensation established by law, collective agreement, agreement, employment contract, if he is engaged in heavy work and work with harmful and (or) dangerous working conditions.

Investigation and recording of industrial accidents:

Accidents that occur at work with employees and other persons while performing their job duties and work on the instructions of an organization or individual entrepreneur are subject to investigation and recording. These include:

employees performing work under an employment contract;

students of educational institutions of higher and secondary vocational education, students of educational institutions of secondary, primary vocational education and educational institutions of basic general education, undergoing practical training in organizations;

persons sentenced to imprisonment and attracted to work by the administration of the organization;

other persons participating in the production activities of an organization or individual entrepreneur.

The following are investigated and recorded as industrial accidents: injury, including that caused by another person; acute poisoning; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; insect and reptile bites, bodily injuries caused by animals; damage received as a result of explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergency situations - resulting in the need to transfer the employee to another job, temporary or permanent loss of ability to work or death of the employee, if they occurred:

during working hours on the territory of the organization or outside it (including during established breaks), as well as during the time necessary to put production tools and clothing in order before starting and after finishing work, or when performing work overtime, weekends and non-working holidays;

when traveling to or from work on transport provided by the employer (his representative), or on personal transport in the case of using the specified transport for production purposes by order of the employer (his representative) or by agreement of the parties to the employment contract;

when traveling to and from a business trip;

when traveling on a vehicle as a shift worker during a rest period between shifts (shift driver on a vehicle, conductor or mechanic of the refrigerated section on a train, and others);

when working on a rotational basis during rest periods between shifts, as well as when being on the ship during free time from the watch and ship work;

when involving an employee in the prescribed manner to participate in the liquidation of the consequences of a disaster, accident and other emergencies of a natural and man-made nature;

when carrying out actions that are not part of the employee’s job duties, but are performed in the interests of the employer (his representative) or aimed at preventing an accident or incident.

The employer's responsibilities in the event of an industrial accident and the procedure for investigating accidents are defined in Art. 228, 229 TK.

Labor disputes and the order of their placement

Labor disputes are disagreements arising between employees (collective of workers), on the one hand, and the employer, on the other, on issues related to the application of labor legislation, collective agreements and other labor agreements, as well as the terms of the employment contract.

By their legal nature, disputes are divided into:

disputes of a claim nature;

non-claim disputes.

Causes of labor disputes:

organizational and legal;

subjective;

organizational and economic.

Individual labor dispute- unresolved disagreements between the employer and the employee on the application of laws and other normative legal acts containing labor law norms, collective agreements, agreements, employment contracts (including on the establishment or change of individual working conditions), which were reported to the body for considering individual labor disputes.

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

Individual labor disputes are considered:

labor dispute commissions;

district (city) courts.

Art. 385 TK:

The Labor Dispute Commission is a body for the consideration of individual labor disputes arising in organizations, with the exception of disputes for which this Code and other federal laws establish a different procedure for their consideration.

An individual labor dispute is considered by a labor dispute commission if the employee, independently or with the participation of his representative, does not resolve disagreements during direct negotiations with the employer.

Art. 391 TK:

The courts consider individual labor disputes at the request of an employee, employer or trade union defending the interests of the employee, when they do not agree with the decision of the labor dispute commission or when the employee goes to court without going through the labor dispute commission, as well as at the request of the prosecutor, if the decision labor dispute commission does not comply with laws or other regulatory legal acts.

Individual labor disputes are considered directly in the courts based on applications:

the employee - about reinstatement at work, regardless of the grounds for termination of the employment contract, about changing the date and wording of the reason for dismissal, about transferring to another job, about payment for the period of forced absence, or about payment of the difference in wages for the time of performing lower-paid work;

the employer - on compensation by the employee for harm caused to the organization, unless otherwise provided by federal laws.

Individual labor disputes are also heard directly in the courts:

about refusal to hire;

persons working under an employment contract with employers - individuals;

persons who believe that they have been discriminated against.

Collective labor dispute- unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the employer’s refusal to take into account the opinion of the elected representative body workers when adopting acts containing norms of ore law in organizations.

Stages of resolving a collective labor dispute:

Consideration of the demands of workers, trade unions and their associations (Article 400 of the Labor Code);

Consideration of a collective labor dispute by a conciliation commission (Article 402 of the Labor Code);

Consideration of a collective labor dispute with the participation of a mediator (Article 403 of the Labor Code);

Consideration of a collective labor dispute in labor arbitration (Article 404 of the Labor Code);

Guidelines

The issues of labor law studied within the framework of this topic play a critical role in ensuring the rights of workers to remuneration for work, to working conditions that meet safety and hygiene requirements, to individual and collective labor disputes. Due to the widespread practice in Russia of violating the relevant rights of workers, special attention should be paid to a careful study of the current legislation and its application to resolve real practical situations. Difficulties for students, as a rule, arise from questions about the grounds and conditions of financial liability of employees and employers; on the procedure and limits of deductions from wages. During the practical lesson, you should understand the content of guarantee and compensation payments and the need to reform this institution of labor law.

When studying Chapter 30 of the Labor Code of the Russian Federation, dedicated to labor discipline, attention should be paid on the list of possible disciplinary sanctions, the procedure for their application and removal.

Issues of labor protection, the responsibilities of workers and employers to comply with relevant rules, the procedure for investigating and recording accidents deserve special attention due to their importance for ensuring the normal functioning of any enterprise and protecting the labor rights of workers.

Legislative provisions on the procedure for resolving individual and collective labor disputes, due to their particular relevance in modern conditions, also require careful study in a practical lesson, possibly in the form of a business game. Please note on individual labor disputes, the resolution of most of which falls under the jurisdiction of labor dispute commissions, as well as courts of general jurisdiction; on the consequences of resolving labor disputes regarding illegal dismissals and transfers. The procedure for considering collective labor disputes requires special discussion in a practical lesson, especially issues related to the conduct of strikes and the application of penalties to participants in such disputes.

1. Due to health reasons, the loader of the Nikolaev bookselling enterprise was transferred, with his consent, to a permanent, easier, but lower-paid job

   How will the worker be paid immediately after the transfer and subsequently? How will his work be paid for such a transfer, if the transfer to a lower-paid job was caused by work-related health damage? (see section 7, 10 TC)

   The editor of the publishing house Kuskova was summoned to court during working hours as a defendant in a lawsuit filed by a housemate. Since her wages for that day were not accrued, Kuskova turned to the director of the publishing house with an application to pay her average earnings in connection with her summons to court and submitted, along with the application, a duly executed court summons.

   Is Kuskova’s average salary subject to payment for the specified time? Does an employee have the right to receive average earnings if he was summoned to court as a plaintiff, witness, or victim? (see section 7 of the Labor Code)

   By decision of the administration and the trade union committee, the internal labor regulations of JSC Russian Printer included a rule imposing a fine of 50 rubles on workers who remarried within a month.

   Is this addition to the internal labor regulations legal? Fill out the fined employee’s application to the labor dispute commission and the commission’s decision on his application. (see section 8 of the Labor Code)

   Solovyova's accountant made serious mistakes in the quarterly report, and therefore the accounting department had to redo the entire report from scratch. Having received a written explanation from Solovyova, from which it is clear that her mistakes were made due to inattention due to personal troubles, the chief accountant severely reprimanded her and deprived her of her bonus.

   Are the actions of the chief accountant legal? (see section 8 of the Labor Code)

   After working half a day, shop foreman Sokolov, at the request of his friend, went with him to another workshop to help repair the unit on which he was working. The repairs dragged on, and Sokolov never returned to his workplace. The next day, the shop manager demanded from Sokolov a written explanation of the reasons for his absence from his workplace for four hours. Two months after receiving the explanatory note, an order was issued to dismiss Sokolov for absenteeism under clause 6 (a) of Art. 81 Labor Code of the Russian Federation.

   Is Sokolov's dismissal legal? (see section 8 of the Labor Code)

   The driver of the bookstore truck, Belov, used the vehicle assigned to him during non-working hours to transport citizens’ goods. As a result of the accident that occurred due to his fault, a car and a private residential building were damaged. The bookstore, as the owner of a source of increased danger, incurred the costs of repairing a car and a residential building. In addition, the bookstore suffered losses in the form of lost income because the machine was not used for its intended purpose for a month.

   Is there a basis for holding Belov financially liable for damage caused to the employer in this situation? If so, in what amount and in what order will the damage be compensated? In what cases is the owner of a source of increased danger not liable for property damage caused by this source? (see section 11 of the Labor Code, chapter 59 of the Civil Code)

   Inventory in the store revealed a shortage of 4,000 rubles; its specific reasons were not established.

   The entire store team, including salespeople Sidorova, Mitina, Ivanova and cashier Pavlova, at different times signed an agreement with the administration on full brigade financial responsibility. The previous inventory did not reveal any shortages or surpluses in the store. All members of the team worked for different lengths of time and also had different salaries. Based on the results of the inventory and the internal investigation, the store administration, by its order, fired the cashier Pavlova for official negligence, and offered to reimburse the entire amount of the shortage in equal shares to the other three members of the team.

   In what cases does the law establish full financial responsibility of employees, including individual and team responsibility? Is the administration’s decision to collect the shortfall amount from the brigade members legal? Is the administration's decision to fire Pavlova legal? Can an employee be dismissed with the wording “for official negligence”? On what legal grounds could Pavlova and the rest of the team be dismissed? (see section 3, 11 TC)

   While unloading construction materials onto a printing house worker, Gusev, a board fell from the back of the car. Having received a serious injury to his head and back, Gusev was treated in the hospital for a long time. At the end of hospital treatment, the worker was recognized as disabled as a result of aggravated hypertension.

   Gusev demanded to be given a copy of the accident report, but the administration of the printing house refused him this, citing the fact that before the accident he also suffered from hypertension, and that partial disability occurred precisely as a result of this disease, and not as a result of the injury. .

   Are the employee’s demands legitimate? What are the responsibilities of the administration in investigating and recording industrial accidents? (see Section 10 of the Labor Code, Chapter 59 of the Civil Code of the Russian Federation)

   Associate Professor Khripkov was dismissed from the university under clause 3 (b) of Art. 81 of the Labor Code of the Russian Federation based on the decision of the university certification commission.

   He filed a lawsuit for reinstatement at work, payment for forced absence and compensation for moral damage.

   The court, by its ruling, refused to consider the plaintiff’s claim due to its lack of jurisdiction.

   Is the court's ruling legal? Is Khripkov's claim subject to consideration by the court? How is a court decision on reinstatement implemented? Is it possible to hold an official guilty of illegally dismissing an employee financially liable? (see Chapter 2 of the Constitution of the Russian Federation, Section 3, 13 Labor Code)

What is wages and how is their size determined?

What is the procedure for accrual, payment of wages, and deductions from them?

1. What are guarantee and compensation payments?

What is labor discipline? In what ways is it ensured?

What legal means can an employer use to maintain labor discipline?

What types of disciplinary sanctions are provided for by law, what is the procedure for imposing and removing them?

What is financial liability, what are its types and how to apply it?

In what cases does employees become fully financially liable for damage caused to the employer through their fault?

What are the grounds for an employer's financial liability?

What is labor protection?

Specify the principles of labor protection in the Russian Federation.

What are the responsibilities of the employer and employee to comply with labor protection requirements?

What are the goals, procedures and guarantees for recording and investigating accidents?

Which bodies are authorized to resolve individual and collective labor disputes?

What is the procedure for resolving such disputes and enforcing decisions made?

Constitution of the Russian Federation, any edition

Labor Code of the Russian Federation, 2002

Employee incentives

Promotion – This is public recognition of the results of highly productive, high-quality, impeccable work of employees.

Reason for use incentive measures for the employee are his conscientious, effective work, i.e. flawless performance of job duties, increased labor productivity, improved product quality, long-term conscientious work, as well as other achievements in work.

In the charters and regulations on discipline, the grounds for applying incentive measures are specified in relation to the peculiarities of working conditions in specific industries (areas of activity). For example, incentives are applied to maritime transport workers for reasonable initiative and creative activity, rationalization and inventive activity, fulfillment of individual assignments and other achievements in work 1 .

The grounds for the application of incentive measures may be specified by the internal labor regulations in relation to the tasks of the relevant organization.

Incentive measures are divided: by the way of influencing employees - on moral and material, on registration and consolidation in legal acts - into legal and illegal, by scope - general, applicable to any employees, and special, as well as according to the authorities applying them 2 .

IN Depending on the social significance of the employee’s merits, incentive measures are divided into two types: incentives for success in work and incentives for special labor merits.

Types of incentives for success at work and the procedure for their application . In accordance with Article 191 of the Labor Code of the Russian Federation, the employer encourages employees who conscientiously perform their job duties by declaring gratitude, issuing a bonus, awarding a valuable gift, a diploma of honor, and nominating them for the title of the best in the profession.

The list of incentive measures given in part one of Article 191 of the Code is approximate. Federal laws and other regulatory legal acts, charters and regulations on discipline may establish other additional incentive measures. For example, incentive measures such as awarding a Certificate of Honor from the State Customs Committee of the Russian Federation may be applied to customs officials; awarding with badges “Honorary Customs Officer of Russia”, “Excellence in Customs Service”; early assignment of the next special rank; awarding with personalized weapons; assignment of the next special rank one step higher than the corresponding position; early removal of a previously imposed disciplinary sanction 3.

List of incentive measures established by Article 191 of the Code, other federal laws, as well as charters and regulations on discipline, can be specified or expanded in relation to work in a separate organization in the internal labor regulations approved by the employer, taking into account the opinion of the representative body of the organization’s employees, or in a collective agreement.

Before the adoption of the new Labor Code, the employer could apply incentives only jointly or in agreement with the relevant elected trade union body operating in the organization. Now procedure for applying incentive measures It is not established by the Code, so the employer has the right to determine it at his own discretion.

In the charters and regulations on discipline, the procedure for applying incentive measures, as a rule, is regulated in detail. So, for example, in accordance with the Regulations on the discipline of railway transport workers of the Russian Federation, the following procedure applies in the railway transport system:

a) every manager has the right to declare gratitude;

b) the announcement of gratitude in the order, the issuance of a bonus, the awarding of a valuable gift, a Certificate of Honor are carried out by the manager who has the right to hire this employee;

c) the awarding of the “Honorary Railway Worker” badge is carried out by order of the Minister of Railways of the Russian Federation 4.

An employer can apply several incentive measures to an employee at the same time (for example, the employee can be thanked and given a cash bonus, he can be awarded a Certificate of Honor with a valuable gift, etc.).

Incentives are formalized by order (instruction) of the employer. The order establishes exactly what successes in work the employee is rewarded for, and also indicates a specific incentive measure.

In some cases, the statutes (regulations) on discipline establish additional rules for the use of incentives. For example, the Disciplinary Charter of paramilitary mine rescue units for servicing mining enterprises in the metallurgical industry establishes that incentives must be announced before the formation or at a meeting of paramilitary personnel 5 .

Incentives for special labor merits. For special labor services to society and the state, employees can be nominated for state awards of the Russian Federation, which are the highest form of reward for citizens for outstanding services in the defense of the Fatherland, state building, economics, science, culture, art, education, health protection, life and civil rights and other outstanding services to the state.

In accordance with clause “c” of Article 71 of the Constitution of the Russian Federation, the establishment of state awards and honorary titles of the Russian Federation is within the competence of government bodies of the Russian Federation. The right to award state awards of the Russian Federation and confer honorary titles of the Russian Federation and the highest special titles belongs to the President of the Russian Federation (clause “b” of Article 89 of the Constitution of the Russian Federation). The President of the Russian Federation issues decrees on the establishment of state awards and on the awarding of state awards, and also presents these awards. On his instructions and on his behalf, state awards can be presented by: heads of federal government bodies; Head of the Office of the President of the Russian Federation for State Awards; heads of government bodies of the constituent entities of the Russian Federation; plenipotentiary representatives of the President of the Russian Federation, etc.

State awards of the Russian Federation in accordance with the Regulations on state awards of the Russian Federation 6 are: the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation; honorary titles of the Russian Federation.

The title of Hero of the Russian Federation is awarded for services to the state and people associated with the accomplishment of a heroic feat. In order to specially distinguish citizens awarded this title, a sign of special distinction was established - the “Gold Star” medal 7 .

In order to encourage citizens for high professional skill and many years of conscientious work, the Decree of the President of the Russian Federation of December 30, 1995 “On the establishment of honorary titles of the Russian Federation, approval of provisions on honorary titles and description of the badge for honorary titles of the Russian Federation” 8 introduced more than 50 honorary titles titles and among them: “People’s Artist of the Russian Federation”, “People’s Artist of the Russian Federation”, “Honored Agronomist of the Russian Federation”, “Honored Architect of the Russian Federation”, “Honored Test Pilot of the Russian Federation”, “Honored Lawyer of the Russian Federation”. Honorary titles are awarded to highly professional employees for their personal merits. To receive an honorary title, you must work in the relevant industry for at least 10 or 15 years.

The Federal Law “On Veterans” established the title “Veteran of Labor” 9. In accordance with the Regulations on the procedure and conditions for conferring the title “Veteran of Labor” 10, this title is assigned to: a) persons awarded orders or medals, or awarded honorary titles of the USSR, RSFSR or the Russian Federation, or awarded departmental insignia in labor and having a labor length of service required to grant an old-age or long-service pension; b) persons who began working as a minor during the Great Patriotic War and have a work experience of at least 40 years for men and 35 years for women.

Civil servants and other citizens of the Russian Federation, who through their work have earned wide fame due to their personal contribution to the implementation of the social and economic policy of the state, are subject to being awarded a Certificate of Honor from the Government of the Russian Federation 11 .

One of the types of reward for special labor merits is the awarding of State Prizes in the field of literature and art, science and technology; prizes of the President of the Russian Federation and prizes of the Government of the Russian Federation.

The Labor Code of the Russian Federation established the obligation of the employer to enter information about incentives and awards for the employee into the work book. The new Code (Article 66) no longer requires the employer to enter all information about incentives into work books. Information about state awards, as well as other awards given to an employee for success at work, is mandatory to be entered into his work record book.

Previously, the Labor Code of the Russian Federation prohibited the use of incentives during the period of validity of a disciplinary sanction. The Labor Code of the Russian Federation does not contain such a prohibition, so the employer acts in these cases at his own discretion.

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Public recognition is expressed in the wide dissemination of information about the achievements of employees in large-circulation newspapers published by organizations, at special stands (“Honor Boards”), and the awarding of especially distinguished people with special signs and certificates. Often public recognition is accompanied by prizes, valuable gifts, etc.

Moral incentives include praise and criticism.

Social and psychological incentives stem from the special role that communication plays in human life. It is communication that is the fundamental need and condition for normal human life. Therefore, a comfortable climate in the team, ensuring normal communication, allows a person to self-realize, and is an excellent incentive for the employee to feel satisfied at work.

Managers must constantly think about possible ways to improve the performance and motivation of the people working with them. It is important to highlight possible simple work changes that could lead to stimulating the internal motivation of subordinates, causing cooperation and enthusiasm on their part. Methods for improving operating parameters are based on the principles outlined above.

Ensuring diversity of skills. It is important to remember here that it is the diversity of skills, and not just diversity in itself, that is fundamental. If team members use a limited number of skills, then it is necessary to find a way to stimulate the need to increase their number.

Labor enrichment implies providing a person with work that would provide the opportunity for growth, creativity, responsibility, self-actualization, including in his responsibilities some functions of planning and quality control of the main and sometimes related products. This method is advisable to use in the field of work of engineering and technical workers.

Workers need to be given a sense of recognition for the skills they use. That is, you need to strive to pay attention to employees in order to publicly announce the exceptional value of this skill in the employee. This approach, as a rule, stimulates the employee to improve his skills and expand the range of his abilities.

It would be a mistake to assume that training ends once an employee has mastered his or her job. In fact, the ability to constantly improve is the most important incentive that allows people to creatively do the same job in the same enterprise for many years. It is necessary to constantly improve the skills of employees and organize contacts for employees with people from whom they can learn something. Currently, many enterprises create entire educational departments that organize classes for employees. It is also possible to pay for employee education in one form or another. This includes full or partial reimbursement of the costs of training and educational materials. Pay is usually determined by two key conditions: firstly, the subject studied must be directly related to the employee's job and, secondly, the employee must show satisfactory academic results. Modern training programs increase the competence of employees and help them grow in their careers.

Ensuring work integrity. As already noted, employees experience greater satisfaction from work that has some visible result. Increasing the integrity of a job can be achieved by adding related tasks to it. These are, as a rule, some kind of preparatory or final operations that are performed by different people. It should be remembered: in order to perform your duties well, you need to understand what is being done in other areas. It is necessary to give employees the opportunity to become familiar with the activities of other departments, workshops and even enterprises. This allows them to gain a deeper understanding of their work and see prospects for a future career within the company—perhaps in another department or position.

Expanding labor functions implies introducing diversity into the work of personnel, that is, increasing the number of operations performed by one employee. As a result, the work cycle of each employee is lengthened, and the intensity of work increases. The use of this method is advisable in the case of underutilization of workers and their own desire to expand the range of their activities, otherwise this can lead to sharp resistance from workers.

Combining multiple activities into one complete job will improve many performance indicators, from temporary to incentive. However, it is important to stop in time and not entrust all the work to one performer.

Increasing the importance of work. If an employee knows exactly how the results of his work will be used, he begins to feel the importance of his own work, which stimulates him to complete the work as quickly as possible with good quality.

An employee always wants to know why he is doing this or that work. Even if he is asked to collect data for a report, he wants to know what purpose the report serves. Therefore, when formulating absolutely any task, it is necessary to mention the goals, what will really depend on the speed and quality of the execution of this work, how this work “merges” into the work of the company as a whole. After completing the work, the performer will wait for the result.

Increased autonomy. A manager's job consists of solving problems of varying levels of importance. Transferring some low-level management functions to subordinates has a double effect - concentrating the manager's efforts on solving higher-level problems and, at the same time, having a positive impact on employee motivation.

Delegating low-level decision-making power to subordinates can be seen as a good thing, provided they are trained and understand the specifics of the job, including where to get the information they need and when to make a decision.

Provided that subordinates know all the requirements and instructions in force in the organization, the manager can provide them with the opportunity to independently set goals for their work. Even if they are partially involved in the decision-making process, they are much more likely to feel ownership of the job and experience a sense of achievement when it is completed successfully.

This is implemented through a system of qualified interviews. During such interviews, it is necessary to prevent a situation where a subordinate sets himself unrealistic goals that obviously cannot be realized for some reason, depending, among other things, on the current state of affairs of the company.

Tools, materials and equipment, and how to use them, form another area where independence can be increased. Very often, workers do not have the right to refuse even low-quality materials. It is not difficult to imagine what this could lead to if quality control is provided further along the technological process. After all, it is the duty of inspectors to lodge complaints with those whose components do not meet the standard.