Presentation of the basic concepts of the labor code. Labor law of the Russian Federation. Presentation. Possible solutions

Labor and law (Labor law)


Laws are needed not only for

to intimidate citizens, but also in order to

to help them.

Voltaire

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

Article 37 of the Constitution of the Russian Federation

Work

voluntary

free

safe

right

on vacation

we pay

right

for permission

disputes


Parties labor relations

worker

employer


Citizens as subjects of labor law

Labor

legal capacity

Labor

legal capacity

Labor

legal personality


Labor legal personality

full time

legal personality

part-time work

legal personality

from 15 years old

from 14 years old

  • you can get a job and bear all the ensuing responsibilities
  • the work must be classified as light;
  • work should not cause harm to physical health and morale;
  • work should not interfere with studies;
  • written consent of one of the parents

General qualities of an employee

worker

Business qualities:

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

political

beliefs

floor

race,

nationality

attitude

to religion

place

residence

social

origin

property

position


Responsibilities of the parties

Citizen

Employer

rational

use labor

work conscientiously

comply with labor

discipline

create conditions

labor

take care of property

pay for labor

comply with standards

labor

carry out promotion

qualifications


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

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


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

Can this normative act be recognized as legal?


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

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

What decision should the court make? Why?


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

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

Is the administration's decision legal? Why?


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

Is dismissal legal? Why?



Employment contract

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

Parties to the employment contract

employer

worker


Types of employment contracts Art. 58, 61

unlimited

(validity period is uncertain)

(concluded for a period

no more than 5 years)

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

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

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

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


The employment contract specifies:

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

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

With written consent

one of the parents

getting basic general

education or leaving the educational institution

in accordance with federal law

on one's own


Documents presented when concluding an employment contract Art. 65

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

When concluding an employment contract for the first time

work book and insurance certificate

state pension

insurance is issued

employer


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

Grounds for termination of an employment contract

the day of the employee's dismissal

is his last day of work

expiration

employment contract

on the initiative

employee

agreement of the parties

on the initiative

employer

employee transfer

employee refusal to work due to

with change essential conditions

agreement art. 73

circumstances,

independent of the parties


at the initiative of the employee

warn

in writing

in 2 weeks

by agreement of the parties

may be terminated

before the line expires

before the deadline

the employee can

withdraw your application

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

  • work book
  • make final payment

Termination of an employment contract at the initiative of the employer

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

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

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

IN motor transport enterprise The following people applied for a job:

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

What documents must be submitted to these persons?



Working hours

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

abbreviated

working hours

normal

working hours

Types of working time

incomplete

working hours

overtime

working hours


Normal working hours

1st working day:

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

2. work shift:

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

3. work week:

  • should not exceed 40 hours

4. working month

5. working year


Shortened working hours

Installed for certain categories of workers:

1.minors:

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

2.employed at work with hazardous working conditions:

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

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

36 hours a week

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

36 hours a week


Part-time work

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

The employer cannot refuse:

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

reduction of working hours

reduction in the number of workers

days a week


Overtime

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

It is not allowed to engage in overtime work:

  • pregnant women;
  • workers under 18 years of age

should not exceed 4 hours for two days in a row

must not exceed

120 hours per year


breaks in

during the working day

daily rest

Rest time

weekends

holidays

vacation


LABOR LEGISLATION AND MINORS


Getting a job Article 266

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

Prohibitions on individual species works Art. 265, 268

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

Restrictions on carrying heavy objects Art. 265

  • maximum permissible limit when lifting weights

10 kg

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

Labor standards for minors

Art. 92

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

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

Art. 94

The duration of daily work cannot exceed:

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

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


Leaves granted to minors

Art. 122

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

Art. 267

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

Remuneration for minors

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

Exception (Art. 271)

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


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

Was the transfer made legally? Why?


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

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


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

Is refusal legal? Why?


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

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


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

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


UNEMPLOYMENT

There is nothing more unbearable than idleness.

Charles Darwin


Unemployed

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

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

assistance to citizens

in search of work

vocational training

and retraining

payment of benefits for

unemployment


pensioners

persons under 16 years of age

persons who did not appear within

10 days from registration

to offer them a job

persons who refused within

10 days from the date of their registration

from two options

suitable job


Suitable job

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

Any work can be offered:

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

Registration of the unemployed

Documents

registration is underway

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

diploma of education

work book

certificate of earnings

over the last three months

certificate of residence

(for first-time job seekers)


Training and retraining of the unemployed

The employment service may

send for retraining

The employment service may

send for training

for the period of training (retraining)

scholarship is paid

The employment service pays

to the place of study and back

Employment service (if necessary)

pays living expenses


Unemployment benefits

the cost of living in a subject of the federation

last 60% 45%

earnings of the last one

earnings earnings

minimum wage

3 months 4 months 4 months


unemployment benefit

paid before employment,

but not more than 12 months

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

unemployment benefits are paid,

in size minimum payment labor

minimum salary / n


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

Who is right in this situation?


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

Description of the presentation by individual slides:

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Slide description:

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Plan Sources of labor law. The concept of labor law. a) principles of labor law; b) subject of legal regulation; 3. Employment contract and its importance in regulation labor activity person. 4. Features of the collective labor agreement.

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

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

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

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

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

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

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

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

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

Slide 13

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

Slide 14

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15 slide

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

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

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

18 slide

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

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

20 slide

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

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

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

Slide 23

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

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

25 slide

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

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

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

28 slide

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

Slide 29

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

30 slide

Slide description:

Labor law

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Subject, method and system of labor law. Sources of labor law. Basic principles of legal regulation of labor. Labor law is an independent branch of Russian private law that regulates social relations arising in the labor process, characterized by a special subject, method and principles of legal regulation. Labor law, in comparison with other branches of the group of branches of private law, has certain features, in particular: a combination of material and procedural law; relations between participants in regulated relations are built at two levels: individual and collective. - Labor law.ppt

Labor law lesson

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A lesson that will help in life! LABOR: Right or Responsibility. Labor rights of minors. Knowledge is power. Labor of minors. Labor law. What is labor? When is labor a right? What is the responsibility? When is work a joy? Thoughts of the wise. “To live means to work. What is a trade union? History of the emergence of trade unions. England - 1762. The first trade union was created by cotton spinners in Lancashire, England. All-Russian Trade Union Conference; 1919 The International Labor Organization (ILO) was created. Since 1946 it has become a specialized agency of the UN. History of the trade union of educational workers in Russia. - Labor law lesson.ppt

Rights at work

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Labor from the point of view of the law. Work. Lesson plan. A lazy person and a slacker are two siblings. Labor is the use of people's time, energy and abilities. Do teenagers need to work and earn money? The right to work is the most important and inalienable right. Labor Code of the Russian Federation. Employment contract. Right to rest and social security. Legal regulation labor of minors. People's work. Work is not a virtue, but a necessary condition for a virtuous life. - Rights at work.ppt

Labor and labor law

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Labor and law. Lesson plan. What are the opportunities for young people in the labor market? A serious and responsible step. What should you look for when choosing a job? Main sources of labor law. Name the rights of citizens that are provided for by the Constitution of the Russian Federation. Constitution of the Russian Federation. Everyone has the right to freely dispose of their ability to work. Labor relations under the Labor Code. Labor relations. Parties of labor relations. Employment contract. Entry into force of the employment contract. Read the text of Article 66 “Work book”. The work book is the main document about work activity. Solve the problem. - Labor and labor law.ppt

Labor Law Standards

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Labor law. Laws. Work. Parties of labor relations. Citizens. Labor legal personality. Responsibilities of the parties. Employment contract. Agreement between employee and employer. Types of employment contracts. Contents of the employment contract. Age. Documents. An employment contract is concluded in writing. Grounds for termination of an employment contract. Termination of the employment contract. Termination of an employment contract at the initiative of the employer. Termination of an employment contract. You cannot fire an employee. Protection of employee rights. Working time and rest time. Working hours. Normal working hours. - Labor law standards.ppt

Labor regulation

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Legal regulation of employment and employment. Creating conditions for self-orientation. Work. Labor relations. Legal relations. Employer. Rights and obligations of the employee. Hiring procedure. Contents of the employment contract. Work book. Employment contract. Employment of the population. Reasons. Dmitry Medvedev. Education and training. Stages and forms of obtaining professional education. Strategies for choosing a profession. Vocational education. Institution. Minister of Education Russian Federation. Creating a behavior model. - Labor regulation.ppt

Labor rights of workers

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Labor law. Labor relations. Labor legislation. Principles of labor law. Freedom of labor. Principles of Russian labor law. Mandatory compensation for harm. Obligations of the parties to the employment contract. Labor law method. Equality of the parties. Contractual nature of work. Subjects of labor law. Legal personality. Labor legal personality. Employer. The concept of trade unions. Social partnership system. Collective agreement. Contents and structure of the collective agreement. Employment contract. Contents of the employment contract. Optional conditions. Types of employment contract. - Labor rights of workers.ppt

Labor relations

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Labor relations. A relationship based on an agreement between an employee and an employer. Signs of an employment relationship. Contents of the employment relationship. Arise between the employee and the employer. Labor relations arise on the basis of an employment contract. Referrals to work by authorized persons. An employee is an individual who has entered into an employment relationship. Rest. Participation in the management of the organization. Internal labor regulations. Conclude, amend and terminate employment contracts with employees. The employer is obliged. Provide workers with equal pay for work of equal value. - Labor relations.ppt

Labor, labor relations

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Labor in the system of legal relations. Signs of law. Fill in the missing terms. Relations between authorities and citizens. Labor relations in documents. Unemployed. Doesn't have a job. Employment. Passport. Labor relations. Test yourself. A 14-year-old teenager gets a job. When hiring, the employer requires a reference. Probation. - Labor, labor relations.ppt

Labor relations

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Labor relationship. Subject of labor law. The concept of labor relations. Labor relations. Parties to labor relations. Worker. Special age. Employer. Grounds for the emergence of labor relations. Composition of the emergence of labor relations. Filling the corresponding position. Appointment to a position. Direction to work. Judgment on concluding an employment contract. Employee permission to work. Contents of the employment relationship. Basic rights and obligations of the parties. Rights of the employee and employer. The principle of freedom of labor. The principle of prohibition of forced labor. - Labor relations.pptx

The concept of labor relations

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Labor relations. The role of labor. What relates to social human rights. Right to work. Unemployed. Rules of law. Features of legal norms. A set of interrelated legal norms. Fill in the missing terms. Relations between authorities and citizens. Labor law. The meaning of the concept. Labor relations in documents. Certificate of family income. Passport. Employment. Document. Responsibilities of the employee. Employee rights. Creation of trade unions. Labor relations. Early termination employment contract. Personal desire of the employee. Termination of the employment contract. - The concept of labor relations.ppt

Protection of labor rights

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Protection of labor rights. Ways to protect labor rights. Self-defense of labor rights by employees. Judicial protection. Consideration by category of cases. Time limits for going to court. Protection of labor rights and legitimate interests. Law of trade unions. The procedure for taking into account the opinion of the elected body. The procedure for taking into account motivated opinions. - Protection of labor rights.ppt

Temporary disability benefit

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Providing benefits for temporary disability. Federal law. The amount of benefit depends on the duration insurance period. Temporary disability benefit. Employment contract. Features of calculating experience. Ivanov has the right to receive benefits. Accounting example military service for insurance experience. Conditions for the appointment, calculation and payment of benefits for temporary disability, pregnancy and childbirth. Monthly allowance child care. Employer. Request to the territorial authority Pension Fund. Features of calculation and payment of benefits. -

Employment contract
Working hours and times
rest
Labor discipline
Remuneration
Labor disputes
LABOR LAW

Labor law -

Labor law is a branch of law,
which regulates
order of occurrence,
actions and
termination of labor
relations, determines
shared mode
labor of workers,
sets the measure
labor protection and order
consideration of labor
disputes

History of labor law in Russia

1918 – the first labor code was adopted,
approved the socialist principles of public
labor organization
1922 – adoption of a new labor code,
completion of the process of establishing labor law
2001, December 21 - adoption by the State Duma
modern Labor Code of the Russian Federation
2001, December 26 – The Labor Code was approved by the Council
Federation
2001, December 30 – signed by the President of the Russian Federation
2002, February 1 - the modern Labor Code entered into force
into action

Subject of labor law -

Subject of labor law LABOR RELATIONS:
between the employee and
employer
between the trade union and
administration
redistribution relations
labor force
employment relations and
employment
relationships related to
reimbursement of material
damage
procedural relations,
arising during resolution
labor disputes

Basis of labor relations

"Work is the father of pleasure"
(Stendhal)
Collective
labor - system
organized
joint
people's behavior
arising during
public
use
means and tools
labor
“Work saves us from three
great evils: boredom, vice and need"
(Voltaire)

Sources of labor law

Federal
Constitution of the Russian Federation
Federal laws containing regulations
labor law
Labor Code of the Russian Federation dated
December 30, 2001
regulatory decrees of the President of the Russian Federation
resolutions of the Government of the Russian Federation,
regulations of ministries, departments and
committees of the Russian Federation
resolutions of the Plenum Supreme Court RF
By controversial issues labor relations

Sources of labor law

Local
regulatory legal acts of the constituent entities of the Russian Federation
lawmaking of local bodies
self-government
internal labor rules
routines established for
enterprise
collective agreements and agreements
employment contracts
orders and instructions from managers
enterprises and institutions

Principles of labor law

the principle of free
orders to citizens
with his abilities to
labor
principle of equal
remuneration for equal
labor without any
discrimination
principle of inadmissibility
worsening situation
workers below the level,
provided for
current

Functions of labor law

Regulatory
Contributing
(labor law is not
directly
does it, and
together with others
social
institutions (legal
and illegal)

Basic rights of an employee

the right to working conditions that meet the requirements
safety and hygiene
right (by agreement with the employer)
set working hours and
working day routine
the right to remuneration for your work depending on
from personal labor contribution and quality of work
right to unionize
right to annual paid leave
right to compensation for damage caused
work-related health damage
right to social security based on age and
loss of working capacity

Protection of labor rights

Survey of 2,500 workers, March 23 – April 5, 2009 as part of the project
“Russian working class: the potential of professionalism
and social partnership"
15% Russian
workers in 2009
faced
violation of one's rights
employers.
Most workers
lost an argument with
employer or not
tried to join
such a dispute. Share
successful attempts – 14%
from the number of those who said
that their personal rights
were violated, or 2%
of all
workers surveyed.
Did you try or didn't try to defend
your labor rights? If you tried, then this is for you
succeeded or failed?

Protection of labor rights

Social survey
"Russian working class"
(2009)
Who do you think comes first?
should stand up for workers' rights?

Employment contract -

Employment contract agreement between the employer
and the employee, in accordance
with which the employer undertakes
provide the employee with work
according to the determined labor function,
ensure working conditions,
provided for by the Labor Code, laws and other
normative legal acts, containing norms
labor law, timely and in full
pay the employee wages,
and the employee undertakes to personally perform certain
this agreement labor function, to comply
internal rules in force in the organization
labor regulations (Labor Code of the Russian Federation, Article 56)

Terms of the employment contract

Required part:
Place of work
Start date
Labor function (name of position, specialty,
professions indicating qualifications in accordance with the staff
organization schedule)
Duration of the contract (fixed-term)
Rights and responsibilities of an employee
Rights and obligations of the employer
Characteristics of working conditions, compensation and benefits
employees for working in difficult, harmful and (or) dangerous conditions
Work and rest schedule
Terms of payment
Types and conditions of social insurance
Nature of work (mobile, traveling, etc.)Additional part:
Specifying the place of work
Probation
Non-disclosure clause
secret protected by law
(state, official,
commercial and other)
Condition of the employee's obligation
work after training for at least
the period established by the contract
Types and conditions of additional
insurance

Probation

Size:
3 months
No more
No more than 6 months (for
management staff)
Will not be extended again
Maybe
The employer has the right
before the deadline
terminate the test
employment contract with
employee, warning
him about it in writing
form no later than 3
days with reasons
layoffs

Probation

not installed for:
Persons applying for work
competition for replacement
corresponding position
Pregnant women
Under 18 years old
Persons who have graduated from professional
educational institutions and
first time entrants to work
acquired specialty
Persons elected to the election
paid work position
Persons invited to work in
order of transfer from another
employer by agreement between
employers

Types of employment contract

Criteria - validity period:
For an indefinite period
term
Urgent labor
contract (for a certain
period, no more than five years)

Fixed-term employment contract

Cases of conclusion:
To replace temporarily
absent employee, for
who retain their job
For the duration of temporary (up to
two months) and seasonal work
V
organizations located in
regions of the Far North and
equivalent areas
To carry out urgent work on
accident prevention,
accidents, disasters, epidemics, etc.

Fixed-term employment contract

Cases of conclusion:
With people applying for work
in the organization - small subjects
entrepreneurship with
up to 40 employees (in
organizations retail And
household services - up to 25
workers), as well as
employers - individuals
With persons sent to work
abroad
To carry out work beyond
beyond normal activities
organizations (reconstruction,
installation, commissioning and
other works)
With people applying for work
in organizations created on
predetermined period
time

Fixed-term employment contract

Cases of conclusion:
To perform knowingly
certain work in cases where
its execution (completion) cannot
be determined by a specific date
For work related to internship and
vocational training
employee
With full-time students
training
With part-timers
With age pensioners, as well as with
persons who, due to their condition
work allowed
exclusively temporary

Fixed-term employment contract

Cases of conclusion:
With creative workers and
professional athletes
With scientific, pedagogical and
other employees
those who have concluded employment contracts
for a certain period of time as a result
competition
Elected position for
paid work
With managers, deputies
managers and main
accountants of organizations
With faces aimed at
temporary work by authorities
employment services

Documents required for concluding an employment contract

Passport or other identification document
Work record book (except for the initial conclusion
employment contract or part-time job)
State insurance certificate
pension insurance
Military registration documents (for
persons liable for military service and persons subject to military conscription
service)
Document on education, qualifications
or having special knowledge
You cannot demand:
Medical certificate or health book
(the employer is obliged to organize a medical examination at his own expense)
Characteristics from previous place of work,
Certificate of availability of housing, etc.

Suspension from work -

Temporary suspension from work
suspension
legal relations with
suspension
payments
wages,
but with preservation
for the employee
places of work

Conditions for dismissal from work

Alcohol, drugs or
toxic intoxication of an employee
Failure to pass in the established
procedure for training and testing knowledge and
skills in the field of labor protection
Lack of mandatory
preliminary or periodic
medical examination
Identification according to
medical report
contraindications for performing
work
At the request of authorities and officials
persons authorized by federal
laws

Termination of an employment contract

termination
labor
legal relations
(i.e. dismissal) with
full stop
payments
wages

General grounds:
Agreement of the parties
Expiration of the employment contract
Conscription or enlistment in military service
At the initiative of the employee
At the initiative of the employer
At the request of the trade union body
Transfer of an employee to another employer or
transfer to elective work (position)
Change of owner of the organization's property
Changes in essential labor conditions
agreement
An employee’s refusal to transfer due to
relocation of the employer to another location

Grounds for termination of an employment contract

Additional reasons:
Commitment of guilty actions by an employee,
directly servicing money or
commodity values
Commitments by an employee performing educational
functions, immoral offense
Making an unreasonable decision by a manager
organizations
One-time gross violation by the manager
organizing your work responsibilities
Submission by the employee to the employer of false
documents or knowingly false information when
concluding an employment contract

Grounds for termination of an employment contract

Additional reasons:
Repeated failure by an employee to comply without good reason
labor responsibilities
A single gross violation of labor duties by an employee:
Absenteeism (absence from work without good reason for more than
four consecutive hours during the working day)
Appearing at work under the influence of alcohol, drugs or
other toxic intoxication
Disclosure of secrets protected by law
Committing theft (including petty theft) of someone else's property at the place of work
property, embezzlement, intentional destruction or
damages established to come into force
by a court verdict or a resolution of an authority authorized to
application of administrative penalties
Violation by an employee of labor protection requirements, if this
the violation entailed serious consequences (accident
at work, accident, catastrophe) or knowingly created
a real threat of such consequences

Labor Law Institutes

Working hours -

time, during
whose employee
must fulfill
assigned to him
responsibilities, as well as other
periods of time that are
in accordance with laws and other
regulatory legal
acts apply to workers
time (for example, downtime
due to the fault of the employee,
paid breaks in
during the working day (shift) and
etc.)

Types of working time

Normal
working hours
time (no more than 40 hours per
week)
Abbreviated
working hours
time
16 - 18 years old - no more than 36 hours
a week
14 - 15 years old - no more than 24 hours per week
For workers employed in
working in hazardous conditions
labor - no more than 36 hours per week

Types of working time

Part-time
time (by agreement between
employee and employer)
For pregnant women
For women who have
children under 14
years old, and if a child
disabled person - up to 16 years old
For persons
carers
sick family member

Rest time

Breaks during the working day
For rest and nutrition (no more than 2 hours per day)
Extra breaks
Weekly rest
(weekends and holidays
days) – at least 42 hours.
continuously per week
Annual regular
vacations
Leave without pay
(according to the employee)

Non-working holidays in the Russian Federation

January 1 and 2 - New Year
January 7 - Christmas
Christ's
February 23 - Day
Defender of the Fatherland;
March 8 -
International Women's
day
May 1st and 2nd - Holiday
spring and labor
May 9 - Victory Day
June 12 - Russia Day
November 4 - Concord Day
and reconciliation

Labor discipline -

Labor discipline a certain order
employee behavior in
production process
Forms of implementation:
Incentives
Disciplinary measures
collections:
Comment
Rebuke
Severe reprimand
Dismissal

Types of incentive measures

According to the method of influence on
workers:
Moral
Material
For design and consolidation
in legal acts:
Legal
Illegal
By scope:
General (applicable to any
employees)
Special

Compensation and wages

Remuneration is a system of relations,
which are related to ensuring
establishment and implementation
employer payments to employees for their
work in accordance with laws, other
regulatory legal acts,
collective agreements,
agreements, local
regulations and labor
treaties
Salary - remuneration
for labor depending on qualifications
employee, complexity, quantity,
quality and conditions of work performed
work and payments
compensatory and stimulating
character

Methods of wage regulation

State
(centralized)
rationing
wages
Collective agreement (local)
legal method
regulation
Individual contractual regulation
wages

Minimum size wages in the Russian Federation
Minimum tariff rate
(salary) of employees of budgetary organizations
spheres in the Russian Federation
Measures to improve the level
real wage content
Limitation of the list of bases and sizes
deductions from wages for
by order of the employer, as well as the size
taxation of income from wages

State guarantees for workers' compensation

Limitation of remuneration in kind
Ensuring that the employee receives wages in accordance with
in the event of termination of the employer's activities and his
insolvency in accordance with federal
laws
State supervision and control over the complete and
timely payment of wages and implementation
state guarantees for wages
Responsibility of employers for violation of requirements,
established by the Labor Code of the Russian Federation, laws, other
regulatory legal acts, collective
contracts, agreements
Terms and order of payment of wages

Cases of providing guarantees and compensation

When sent on business trips
When moving to work in another area
When performing state or public
responsibilities
When combining work with training
In case of forced termination
work through no fault of the employee
When providing an annual
paid leave
In some cases of termination of an employment contract
Due to the delay due to the fault of the employer in issuing
work book upon dismissal of an employee

Labor disputes -

Labor disputes, disagreements arising over
application of labor
legislation, regulations or
changes in working conditions
Reasons:
Lack of awareness
employers and workers in labor
legislation, as a result of which it
applied incorrectly
imperfection itself
legislation in rapidly changing
external circumstances
Disagreements between employees and
employer on issues
establishing new or changing
current working conditions, for example
introduction of new production standards
Disagreements between the employer and
trade union

Types of labor disputes

Labor disputes in courts of general jurisdiction

If the employee or employer does not agree with the decision
commissions
for labor disputes (LCS)
According to the prosecutor,
if the decision of the CCC contradicts
legislation
If at the KTS enterprise
not collected or not created
Upon the employee’s application for reinstatement at work,
changing the date and wording of the reason for dismissal, about
payment for the time of forced absence or performance
low paid job
Upon the employer's application for compensation by the employee
material damage caused to the enterprise

Collective labor disputes -

Collective labor disputes, unresolved disagreements
between employees (their
representatives) and
employers (their
representatives) regarding
establishments and changes
working conditions (including
wages), conclusions,
changes and executions
collective agreements,
agreements, as well as in connection with
employer's refusal to take into account
opinion of the elected
representative body
employees when adopting acts,
containing labor standards
rights, in organizations
(Article 398 of the Labor Code of the Russian Federation)

Basic Concepts

Conciliation procedures -
consideration of collective labor
dispute in order to resolve it
conciliation commission, with the participation
mediator and (or) in labor arbitration
The moment of the beginning of the collective
labor dispute - day of communication
decisions of the employer (his representative)
to reject all or part of the claims
employees (their representatives) or
failure to inform the employer (his
representative) in accordance with article
400 of the Labor Code of the Russian Federation of its decision, as well as the date
drawing up a protocol of disagreements during
collective bargaining
Strike - temporary voluntary
Student strike
in Germany
refusal of workers to fulfill labor obligations
responsibilities (in whole or in part) in
for the purpose of resolving collective labor
dispute (Article 398 of the Labor Code of the Russian Federation)

Stages of resolving a collective labor dispute

Consideration
collective
labor dispute
conciliatory
commission;
Consideration
collective
labor dispute with
participation of an intermediary
and (or) in labor
arbitration
Teachers' strike

Strike

Participation in a strike is voluntary
Representatives of the employer have no right
organize a strike and take part in
her participation
The decision to call a strike
adopted by the general meeting
(conference) of employees of the organization on
proposal of the representative body
employees previously authorized by them to
resolution of collective labor dispute
Meeting (conference) of employees
is considered eligible if it
at least two thirds of the total is present
number of employees
The decision is considered made if it
at least half voted
workers present at the meeting
(conferences)

Strike

If it is impossible to carry out
meeting (convening a conference)
workers representative body
employees have the right to approve their
decision by collecting signatures of more than
half of the workers in support
holding a strike
After 5 calendar days of work
the conciliation commission may be
the hour was announced once
warning strike, oh
which the employer must be

later than three working days
About the start of the upcoming strike
the employer must be
not warned in writing
later than 10 calendar days

The decision to call a strike

Basic information:
List of disagreements between the parties who appeared
grounds for declaring and conducting a strike
Date and time of the start of the strike, its expected
duration and expected quantity
participants
The name of the body leading the strike
composition of employee representatives authorized
to participate in conciliation procedures
Proposals for the minimum required work
(services) performed in the organization during the period
holding a strike

Illegal strikes

Announced without regard to deadlines, procedures and
requirements provided for by the Labor Code of the Russian Federation
Which is held
during the periods of introduction of military
or state of emergency
In bodies and organizations
Armed Forces of the Russian Federation,
other military, paramilitary
and other formations in charge
defense issues
country, state security,
emergency rescue, search and rescue,
fire fighting, prevention or response
natural disasters and emergency situations

Illegal strikes

In law enforcement
In organizations directly
serving especially
hazardous types of production
or equipment at stations
ambulance and emergency medical
help
In organizations related
with life support
population (energy supply,
heating and heat supply,
water supply, gas supply,
aviation, railway and water transport, connection,
hospitals), in the event that strikes pose a threat
defense of the country and state security, life and health of people
(Article 55 of the Constitution of the Russian Federation)

Strike

In case of creation
immediate threat to life
or human health, the court has the right
postpone the unstarted strike
for a period of up to 30 days, and the beginning is suspended for the same period
In cases with special
value for ensuring
vital interests of the Russian Federation
or its individual territories,
The Government of the Russian Federation has the right
suspend the strike until
resolving the issue accordingly
court, but no more than 10
calendar days
The right to strike may be
limited by federal
by law

Strike

An employee's participation in a strike is not
can be considered as
violations of labor discipline and
grounds for termination of employment
agreement (Article 414 of the Labor Code of the Russian Federation)
It is prohibited to apply to employees
those participating in the strike, measures
disciplinary liability
During the strike, the participants
employees keep a place in it
work and position
Lockout - dismissal is prohibited
employees on the initiative
employer in connection with their participation in
collective labor dispute or
strike (Article 415 of the Labor Code of the Russian Federation)

Collective agreement -

Collective agreement is a legal act,
regulating
social and labor
relations in
organization or
individual
entrepreneur
and concluded
workers and
employer in
their face
representatives

Criterion - specificity
employer:
Dispute with employer -
legal entity
Dispute with employer -
an individual
Criterion - specificity
employee:
Dispute with a person who
expressed a desire to conclude
employment contract with
employer, but he was
denied
Dispute with an employee of this
employer
With a person who was previously a member
labor relations with this
employer

Types of individual labor disputes

Criterion - method of resolution
individual labor
disputes:
Disputes resolved in general

in the labor dispute commission,
and then in court
Disputes resolved in court
order when to the commission on
labor disputes should not be addressed
need to
Disputes resolved in a special
order when the dispute is resolved
in superior order
subordination to an authority or
court

Consideration of individual labor disputes in courts

according to statements:
employee - about reinstatement
at work independently
from the grounds for termination
employment contract, date change
and statements of the reason for dismissal,
about transfer to another job, about payment
during forced absence or payment of the difference in wages
payment for the time spent performing lower-paid work
employer - on compensation by the employee for harm caused
organizations, unless otherwise provided by federal laws
about refusal to hire
persons working under an employment contract with employers -
individuals
people who believe that they have been discriminated against