What is the object of the employment relationship. The concept of an employment relationship. Objects of labor relations

In the system of legal relations, the main thing is the labor relationship as linking all other types of legal relations.

An employment relationship is "a relationship based on an agreement between an employee and an employer for the employee to personally perform for a fee. labor function(work in a certain specialty, qualification or position), the subordination of the employee to the rules of the internal labor schedule, while the employer provides the working conditions stipulated by labor laws, collective agreements, agreements, labor contracts "(Article 15 of the Labor Code of the Russian Federation). legal relationship, since it is regulated by the norms of law See: S.V. Kolobov Labor law of Russia. Textbook for universities. - M., 2008. P.25 ..

Labor relations have some features that make it possible to distinguish them from civil legal relations associated with the use of labor. Labor relations are of a continuing nature, i.e. the employee, having concluded an employment contract (for an indefinite period or urgent), enters into a legal relationship to perform a specific labor function, and not a one-time task, which may be provided for by a civil law contract (work contract, assignment). Having concluded an employment contract (and this is evidence of the emergence of labor legal relations), a citizen acquires the status of an employee and is included in the labor collective. The behavior of subjects of labor legal relations is governed by the internal labor regulations. In civil legal relations related to the use of labor, a citizen performs a one-time task, in which the final result of labor is negotiated, at his own risk. At the same time, a citizen (contractor, performer) is not included in the labor collective and does not obey the internal labor schedule.

As can be seen from the definition, the subjects of the labor relationship are the employee and the employer.

Each legal relationship in the sphere of labor law has an independent content of the rights and obligations of subjects. The content of the labor relationship is the mutual labor rights and obligations of its subjects, determined by labor legislation, collective agreements, agreements, and labor contracts. The labor relationship includes a number of rights and obligations of the parties interconnected with them: in terms of working time, rest time, remuneration, disciplinary liability, etc. The basic rights and obligations of the employee are provided for in Art. 21 of the Labor Code of the Russian Federation, and the basic rights and obligations of the employer - Art. 22 of the Labor Code of the Russian Federation. The scope and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualifications, position) of the employee.

Article 16 Labor Code RF named the grounds for the emergence of labor relations. The legal expression of the will of the participants in an employment relationship is an employment contract. For some categories of employees, a complex legal structure is established, which precedes the emergence of labor relations. In labor law, this complex legal structure is a set of legal facts that occur in a certain sequence: competition and employment contract, election to a position and employment contract, etc. Complex legal structures include procedures such as election (election) to a position (for example, election of a university rector); competitive selection of the teaching staff; appointment or approval in office (for example, appointment of judges or approval in office by a higher management body of an employee entering a management position).

Labor relations can also arise on the basis of assignment to work by statutory bodies on account of the established quota, i.e. the minimum number of jobs for citizens in particular need of social protection... For example, in accordance with the Federal Law of November 24, 1995 N 181-FZ "On social protection of disabled people in Russian Federation"SZ RF. 1995. N 48. Art. 4563. for all organizations, regardless of organizational and legal forms and forms of ownership, the quota is at least 2 and not more than 4% of the total number of employees, if the number of employees is more than 30 people.

A complex legal structure, which includes the issuance of a court decision on the conclusion of an employment contract and an employment contract, is the basis for the emergence of an employment relationship. This situation is possible in cases of illegal refusal to hire. The court may make a decision to conclude an employment contract when considering a claim for unjustified refusal to hire. Articles 3 and 64 of the Labor Code provide for the possibility of appealing against the refusal to conclude an employment contract. Thus, the decision of the court in this case is a law-forming legal fact.

The basis for the emergence of an employment relationship Art. 16, 61 and 67 of the Labor Code of the Russian Federation recognize the factual admission to work with the knowledge or on behalf of the employer (his representative). With the actual admission of the employee to work, the employer is obliged to conclude an employment contract with him in writing no later than three days from the date of the actual admission of the employee to work.

Contractual grounds (legal facts) are also characteristic for changes in labor relations. So, according to Art. 72 of the Labor Code of the Russian Federation, the transfer of an employee to another job is allowed only with the written consent of the employee. Transfer to another job on the unilateral expression of the will of the party to the employment relationship is possible only in cases strictly prescribed by law (Article 74 of the Labor Code of the Russian Federation).

The grounds for the termination of labor relations are both the agreement of the parties (Article 78 of the Labor Code of the Russian Federation) and the unilateral expression of the will of each of them (Articles 80 and 81 of the Labor Code of the Russian Federation). In a number of cases, the basis for the termination of the employment relationship may be the expression of will (act) of a body that is not a party to the employment relationship (clauses 1, 2, 4, 5, article 83 of the Labor Code of the Russian Federation).

Features of the labor relationship, its differences from related civil law relations.

The concept of an employment relationship

Labor relations- this is a social relationship regulated by the norms of labor law, arising on the basis of an employment contract, according to which one subject (employee) undertakes to perform a labor function in compliance with the rules of the internal labor schedule, and another subject (employer) is obliged to provide work, ensure healthy and safe working conditions, and pay for the work of an employee in accordance with his qualifications, the complexity of the work, the quantity and quality of work.

Content of the employment relationship- these are the mutual rights and obligations of its subjects, determined by the labor contract, labor legislation and the collective agreement (agreement). The employee is obliged to accurately fulfill his contractual labor function, obeying the rules of the internal labor schedule of this production, and the employer - to comply with the labor legislation and all working conditions of the employee stipulated by the labor and collective agreements and labor legislation.

The labor relationship includes a number of rights and obligations of the parties interconnected with them: in terms of working time, rest time, remuneration, guarantees and compensations, etc. The scope and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualifications, position) of the employee.

Features of the labor relationship:

but labor activity persons who have entered into civil law contracts (personal contract, assignments, paid services, copyright agreement, etc.) can also be engaged.

Characteristic signs of an employment relationship, which delimit it from related, including civil law relations:

Protection of the rights and interests of employees in the event of an unjustified conclusion of civil contracts with them (part 4 of article 11, article 19 1 of the Labor Code of the Russian Federation).

Labor relations - this is a social relationship regulated by the norms of labor law, arising on the basis of an employment contract, according to which one subject (employee) undertakes to perform a labor function in compliance with the rules of the internal labor schedule, and another subject (employer) is obliged to provide work, ensure healthy and safe working conditions, and pay for the work of an employee in accordance with his qualifications, the complexity of the work, the quantity and quality of work.

mutual rights and obligations of its subjects, determined by the labor contract, labor legislation and the collective agreement (agreement).

The employee is obliged to accurately fulfill his contractual labor function, obeying the rules of the internal labor regulations of this production, and the employer is obliged to comply with the labor legislation and all working conditions of the employee provided for by the labor and collective agreement and labor legislation.

Features of the labor relationship:

the subjects of the employment relationship are the employee and the employer;
the labor relationship has a complex composition of the rights and obligations of its subjects: each of them acts in relation to the other both as an obliged and as an authorized person, and also bears not one, but several obligations;
despite the complex composition of rights and obligations, the labor relationship is unified;
the continuing nature of the employment relationship (the rights and obligations of the subjects are realized not by one-time actions, but systematically, by performing those actions that are necessary in the established work time).

However, persons who have entered into civil law contracts (personal contract, assignments, compensated provision of services, author's contract, etc.) can also engage in labor activity.

Typical signs of an employment relationship (delimiting it from related, including civil law, relations):

The personal nature of the rights and obligations of an employee who is obliged by his labor to participate in the production or other activities of the employer (the employee does not have the right to represent another employee instead of himself or entrust his work to another, etc., such a restriction is absent in the work contract).
The employee is obliged to perform the labor function stipulated by the employment contract, and not a separate (separate) individually-specific task by a certain date, which is typical for a civil law contract.
The fulfillment by the employee of his labor function is carried out in conditions of collective (cooperative) labor, which is connected with the inclusion of the employee in the collective (staff) of workers with the consequent need to comply with the established rules of the internal labor schedule.
The compensatory nature of the labor relationship is manifested in the employer's response to the performance of the labor function - in the issuance of appropriate wages (payment is made for the living labor expended by the employee systematically during the established working hours, and not for the specific result of materialized (past) labor, as in civil law relation).
The right of each of the subjects to terminate the employment contract without any sanctions, but in compliance with the established procedure.

Labor personality is the ability of a given person (natural or legal) to be a subject of labor and directly related legal relations, to have and exercise labor rights and obligations, and be responsible for labor offenses, recognized by labor legislation. In labor law, unlike, for example, civil law, legal personality includes three elements:

work capacity - the ability recognized by law to have labor rights and obligations;
labor capacity - the ability, in accordance with labor legislation, to personally acquire and exercise labor rights and obligations through their actions;
labor delinquency - the ability recognized by labor legislation to be responsible for labor offenses.

In labor law, these three legal abilities are inseparable and arise in the subject of law at the same time - from the moment of the beginning of labor activity (in civil law, for example, the emergence of legal capacity and full legal capacity have a gap in time), therefore we are talking about a single labor legal capacity in labor law, i.e. legal personality.

Labor personality is characterized by two criteria:

age;
strong-willed.

It is important to know that, unlike civil legal capacity that arises from the moment of birth, labor legal personality is timed by law to reach a certain age, namely, at 16 years old. In certain cases and in the procedure provided for by the Labor Code of the Russian Federation, an employment contract may be concluded with persons under the age of 16 (Article 63 of the Labor Code of the Russian Federation of the Labor Code of the Russian Federation) in the following cases:

receiving the main general education or continuation of mastering the program of basic general education in a form other than full-time;
abandonment of a general education institution in accordance with federal law.

In these cases, an employment contract can be concluded by persons who have reached the age of 15 years.

Persons studying in educational institutions who have reached the age of 14 can be employed:

to perform light work that does not interfere with the learning process,
in free time from school, but
compulsory with the consent of one of the parents (guardian) and the guardianship and guardianship authority.

The specified age criterion of labor personality is associated with the fact that from that time on a person becomes capable of systematic work, which is enshrined in the law (Article 63 of the Labor Code of the Russian Federation). This article also establishes that in cinematography, theater and concert organizations, circuses, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship body, it is allowed to conclude an employment contract to participate in the creation and (or) performance (display) of works without damage to health. and moral development with persons under the age of 14. In this case, the employment contract is signed by the parent (guardian) on behalf of the employee, but with the permission of the guardianship and guardianship authority.

Based on those physiological characteristics of the adolescent's body and the need for their moral education, the use of labor by persons under the age of 18 is prohibited:

at work in harmful and dangerous conditions labor;
at work, the performance of which may harm their health and moral development (gambling business, work in nightclubs, bars, cabarets, etc. (Article 265 of the Labor Code of the Russian Federation).

It should be borne in mind that, along with age, labor personality is characterized by a strong-willed criterion, which is associated with the actual ability of a person to work. It is considered as physical and mental abilities for work, which, however, cannot limit the equal employment legal personality for all.

Labor personality is characterized by legislation as equal for all citizens ( individuals). This means that citizens are free to exercise their rights, and natural differences between them, for example, gender, age, nationality or property status and other circumstances, should not be discriminatory in the world of work.

Discrimination is prohibited by the Constitution of the Russian Federation, as well as forced labor is prohibited, which is reflected in the Labor Code of the Russian Federation at the level of the basic principles of labor law (Art. 2).

The legal status of the subject of labor law is his legal position defined by labor law. It consists of the following elements.

Vazyagina A.S.

The concept, signs, subjects and content of the labor relationship in modern legislation

In society, there are many different relationships - economic, political, legal, moral, spiritual, cultural, etc. Human society itself is a set of relationships. All types of emerging relations between individuals and their associations are social (social) relations.
The law regulating certain public relations, gives them legal form, as a result they become legal.
Legal relationship is a public relationship regulated by the norms of law, the participants of which are the bearers of subjective rights and obligations.

Legal relations are regulated by the norms of various branches of law, including labor law, such legal relations are understood to be labor relations regulated by labor legislation and their derivatives, directly related to them, labor relations of workers, that is, this is a legal connection of subjects of labor law.

Article 1 of the Labor Code of the Russian Federation defines the subject of labor law regulation - this is, first of all, labor relations and other relations directly related to them.

Labor relations in society reflect the nature of production relations in a given society, since they are a volitional part of production relations. Industrial relations are complex and consist of property relations for the means of production, relations for distribution, exchange, production management and labor relations. Industrial relations arise and objectively exist independently of the will of the citizen, in contrast to labor relations.
The greatest merit in the study of the theory of labor relations belongs to N.G. Alexandrov.

In his monograph "Labor Relations" N.G. Aleksandrov defined the concept of "labor legal relationship" as follows: it is "expressing comradely cooperation of people free from exploitation, a legal relationship in which one party (the worker) is obliged to use its labor force, joining the personnel of the enterprise (institution, economy) and obeying the internal labor force. the order of the latter, and the other party is obliged to pay remuneration for work and to ensure conditions for the performance of work that are safe for the health of the worker and favorable for labor productivity ”.
Labor relations, according to another outstanding scientist in the field of labor law, L.Ya. Gunzburg, can be defined as a legal expression of relations arising from the cooperation of labor, it binds at least two persons: an employee and an enterprise; the attributes of "freedom" and "equality" constitute an integral characteristic of the worker. The legal relationship is mainly of a property, authoritarian nature and presupposes a well-known, specifically regulated normative consolidation (in law, custom, collective agreement, etc.).

Professor K.N. Gusov defines the labor relationship as a voluntary legal relationship between the employee and the employer (organization), within which the employee undertakes to perform a certain labor function (according to the specified specialty, qualification, position) with subordination to the internal labor schedule, and the employer - to pay his labor contribution and create working conditions in accordance with the legislation, the collective labor agreement.

Federal Law of June 30, 2006 No. 90 - FZ introduced significant changes in almost all articles of the Labor Code of the Russian Federation. Among other things, amendments were made to Article 15 of the Labor Code of the Russian Federation, which defines the concept of labor relations.
According to Art. 15 of the Labor Code of the Russian Federation, labor relations are relations based on an agreement between the employee and the employer on the employee's personal performance for a fee of the labor function (work according to the position in accordance with the staffing table, profession, specialty indicating the qualifications; the specific type of work entrusted to the employee), the subordination of the employee the rules of the internal labor regulations when the employer provides the working conditions stipulated by the labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, labor contracts.

The Labor Code deals with labor relations, although, rather, it would be necessary to talk about labor legal relations, since these relations are regulated by the norms of labor law.
In fact, this definition contains all the main features of the employment relationship, which distinguishes it from other relationships associated with labor.

One of the signs of an employment relationship is inclusion of a citizen in the workforce, as a result of which he becomes an employee of a specific organization, subject to the local regulations of this organization. The behavior of the subjects of labor legal relations is regulated by the internal labor regulations of this organization, to which they are obliged to obey, and since the rules of the internal labor regulations are a local normative act that is adopted by the employer in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation, they, therefore, express the will of the employer. Based on the above, the employee obeys the will of the employer with the proviso that this will is limited to certain guarantees provided for by the current Russian legislation.

A feature of labor legal relations is that they are based on compensatory principles... The employer is obliged to pay the employee for the work he does (through systematic, at least twice a month, payments) in an amount not lower than that established by law minimum size wages.

The specificity of the employment relationship is that all the rights and obligations of the parties to the employment relationship are personal character... They are inextricably linked with the personality of the employee, who cannot replace himself in the performance of the labor function with someone else without the consent of the employer, just as the employer cannot replace the employee, without reason, with someone else.
Labor relations are lasting, that is, they exist regardless of the presence or absence of the result of the employee's work.

The concept of "labor relationship" is always the same, invariable in its subjects, content, grounds for occurrence and termination. Labor relations always have specific subjects and specific content. The employment relationship establishes a legal link between the employee and the enterprise. This connection is always specific. It occurs between a certain employee and a certain enterprise; upon entering into an employment relationship, the labor function of the employee, the amount of remuneration for work, etc. are determined.

The subjects of labor relations are the employee and the employer. Art. 20 of the Labor Code of the Russian Federation defines the parties to labor relations as follows: “an employee is an individual who has entered into an employment relationship with an employer. Employer - an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In the cases provided for by federal laws, another entity entitled to conclude employment contracts» .

In order for a citizen or legal entity to have the opportunity to enter into labor relations, they must have labor personality. Labor personality includes labor legal capacity (the ability to have labor rights), labor legal capacity (the ability to exercise labor rights and obligations through their actions) and labor delinquency (the ability to be responsible for labor legal relations).

Labor personality is one of the elements legal status subjects of labor relations, which is established by the current legislation for an employee upon reaching the age of 16. The legislator provides for exceptions to this general rule and allows, under certain conditions, the conclusion of an employment contract with persons who have reached 15 years of age to perform light work in their free time from school. According to paragraph 3 of Art. 63 of the Labor Code of the Russian Federation, it is also allowed to conclude an employment contract with persons who have reached the age of 14 years, with the consent of one of the parents and the guardianship and guardianship authority, to perform light work that does not interfere with the learning process. The Labor Code of the Russian Federation contains a rule that allows to conclude employment contracts with persons under the age of 14, subject to the consent of one of the parents and the guardianship and guardianship authority. In this case, the legislator strictly defines the circle of employers who have the opportunity to conclude employment contracts with such a category of workers (these are cinematography organizations, theaters, theater and concert organizations, circuses). Employees under the age of 14 may be involved in work only to participate in the creation and (or) performance (display) of works without prejudice to health and moral development.

In addition to the age criterion, the criterion "physical condition" is also distinguished, that is, the physical ability of a person to enter into labor relations. However, the physical condition determines only the content of the labor personality, since in fact the recognition of a person as a disabled person does not deprive him of the opportunity to work, but only limits his opportunities for employment in certain types of work.

The legal status of an employer depends on the type of employer (state or municipal enterprise, private entrepreneur, production cooperative, an individual who is not an individual entrepreneur) and is determined by legislation and its charter or regulation.

Labor personality of the employer - organization arises from the moment of creation, i.e. government agency entries in the United State Register legal entities about this legal entity.

In order for the organization to be able to attract employees, the employer must approve the staffing table. According to this staffing table, employees will be hired.

In addition, the organization must have a wage fund in order to be able to pay wages employees, special merit compensation, etc.
Have budgetary institutions a prerequisite the onset of labor personality are the approval staffing table and opening a wage account in a bank.

In addition to labor personality, other elements of the legal status of subjects of labor legal relations are basic labor rights and obligations, legal guarantees of basic labor rights and obligations of an employee, i.e. legal means, measures established by labor legislation for the optimal implementation of these rights and obligations and their protection, and liability provided for by law for violation job responsibilities.

According to the subject composition, the rights can be divided into individual and collective. Individual rights include: the right to conclude, amend and terminate an employment contract; the right to provide work stipulated by the employment contract; right to workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the employment contract; the right to timely and full payment of wages; the right to rest; the right to complete reliable information about working conditions and labor protection requirements at the workplace; vocational training, retraining and advanced training; the right to compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage; the right to be obligatory social insurance... Collective rights include: the right to association, including the right to form and join trade unions; the right to participate in the management of the organization; the right to collective bargaining and the conclusion of collective contracts and agreements through their representatives, as well as to information on the implementation of the collective agreement and agreements.

In his monograph "The Legal Status of an Employee as a Subject of Labor Law" V.V. Fedin expresses an opinion, with which one cannot disagree, that the right to protect one's labor rights, freedoms and legal interests by all not prohibited means and the right to resolve individual and collective labor disputes, including the right to strike, are of a special nature, since can be both individual and collective .

In addition, it is possible to separate the rights to the rights exercised within the framework of the employment relationship and the rights exercised within the framework of the legal relationship directly related to the employment relationship. It is also possible to distinguish protective rights (the right to protect one's rights, freedoms and legitimate interests; the right to resolve individual and collective labor disputes; the right to compensation for harm and compensation for moral harm) and regulatory (all other rights).

Among the duties of the employee, the Labor Code distinguishes the following: to fulfill in good faith his labor duties assigned to him by the labor contract; comply with the internal labor regulations; follow labor discipline; comply with established labor standards; comply with labor protection and labor safety requirements; take good care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees; immediately inform the employer or direct supervisor about a situation that poses a threat to the life and health of people, the safety of the employer's property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property).

All persons with whom an employment contract has been concluded have these statutory rights and obligations. They establish for them the boundaries of possible (rights) and proper (duties) behavior in labor relations with the employer.

The rights and obligations of employees and the rights and obligations of the employer are inextricably interconnected, since the rights of the employee correspond to the obligations of the employer. Consequently, the duties of the employee correspond to the rights of the employer. The basic rights and obligations of the employer are contained in article 22 of the Labor Code.

Among the rights of an employer, the Labor Code of the Russian Federation distinguishes the following: to conclude, amend and terminate employment contracts with employees; collective bargaining and collective bargaining; to encourage employees for conscientious effective work; require employees to fulfill their labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees, to comply with the internal labor regulations; involve employees in disciplinary and material responsibility; accept local regulations(with the exception of employers - individuals who are not individual entrepreneurs); create associations of employers in order to represent and protect their interests and join them.

The legislator has included in the employer's obligations: to comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, collective bargaining agreements, agreements and labor contracts; to provide employees with work stipulated by the employment contract; ensure the safety and working conditions that meet the state regulatory requirements for labor protection; to provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; provide workers with equal pay for work of equal value; pay in full the wages due to employees within the time frame established in accordance with the Labor Code, collective agreement, internal labor regulations, labor contracts; to conduct collective bargaining, as well as to conclude a collective agreement; provide employees' representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation; to acquaint employees against signature with the adopted local regulations directly related to their work activities; timely fulfill the orders of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal bodies the executive power exercising control and supervision functions in the established area of activity, pay fines imposed for violation of labor legislation and other regulatory legal acts containing labor law norms; consider the submissions of the relevant trade union bodies, other representatives elected by the employees on the violations of labor legislation and other acts containing labor law norms, take measures to eliminate the violations identified and report on the measures taken to the indicated 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; to provide for the household needs of employees related to the performance of their labor duties; carry out compulsory social insurance of employees; to compensate for harm caused to employees in connection with the performance of their labor duties, as well as to compensate for moral harm; fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations and labor contracts.

The actual activity of the employee and the employer is the material content of labor legal relations, which is inextricably linked and subordinated to the volitional content, that is, the subjective rights and obligations of the participants in these legal relations.
The volitional (legal) content of labor relations is formed by subjective labor rights and obligations of their participants - employees and employers.

Subjective labor rights of workers are aimed at ensuring: actual employment with work in a specific specialty, normal working conditions and wages in accordance with its quality and quantity; labor honor and dignity of the employee.

Subjective rights are characterized by concreteness, pretentiousness and relative freedom of behavior in their implementation.

Pretentiousness as one of the signs of the employee's subjective rights is ensured by the activities of other entities (for example, the right to ensure safe and healthy working conditions, the right to demand respect for the property of the employer).
Another element of the content of labor relations are the duties of the employee, enshrined in Art. 21 of the Labor Code of the Russian Federation.
Smirnov O.V. defined the labor duties of an employee as a set of due actions of employees associated with the participation of their personal labor in the implementation of the tasks of the organization with which they are in labor legal relations.

According to the Labor Code of the Russian Federation (Art. 91), the employee performs his labor duties during working hours.
Labor law regulates an important aspect of social relations associated with labor. It, unlike all other branches of law, one way or another affecting the relationship between people and society at work, is aimed at guaranteed provision of the maximum number of guarantees for the person who provides his ability to work; labor law is aimed at protecting citizens when they perform work in an individual labor relationship.

The current state of affairs in modern society, given the global economic crisis, which has also affected the Russian Federation, has influenced the work of most companies. Employers who have suffered losses are trying to keep their financial costs to a minimum, including attracting work force... Mass measures are being taken to reduce staff and release personnel. Many companies do not have the ability to pay their employees the wages that they paid until recently. Employers who still need to attract personnel try to avoid the need to provide social guarantees their employees using agency labor or attracting citizens to work on the basis of a civil law contract. Highly skilled workers agree to go to work with a condition of lower wages than they might have previously thought.

V.V. Fedin. The legal status of the employee as a subject of labor law: monograph. - M .: TK Welby, publishing house "Prospect", 2005.

Labor relations- actual social relations on labor in production and other social relations that are the subject of labor law, which constitute a whole group of legal relations in the world of labor. This is a voluntary legal relationship between the employee and the employer, in accordance with which the employee undertakes to perform a certain labor function with subordination to the internal labor regulations of the organization, and the employer creates the necessary working conditions in accordance with the law and pays the employee for labor not less than the minimum amount of labor established by law.

Labor relations are always bilateral. They are attended by an employee and an employer with labor personality.

The types of labor legal relations are classified depending on the types of labor contracts: how many labor contracts - so many types of labor relations. For example, a specific type of employment relationship is employment relationship with part-time work. When working part-time, an employee has two parallel employment relationships.

The labor relationship must be distinguished from related legal relationships related to labor, but regulated by the norms of civil legislation, according to following signs:

1) in an employment relationship, the employee, as a rule, acts as a member labor collective, but in civilian - no;

2) the subject of the labor relationship is the labor process itself, and in the civil one - its materialized result;

3) in the employment relationship, a prerequisite is the employee's submission to the rules of the internal labor schedule, which is not the case in civil legal relationship;

4) in the employment relationship, the obligation to provide the employee with the means of production, as well as the obligation to labor protection, is assigned to the employer, and in the civil legal relationship to labor, such an obligation, as a rule, is assigned to the performer.

All rights and obligations in the employment relationship are personal, i.e. an employee cannot put someone in his place to perform the labor function assigned to him. The employer also cannot change one employee for another without sufficient grounds. All legal relations arising on the basis of an employment contract are always individual, and at the same time are bilateral, i.e. on the one hand, there is a complex of powers of one party and the corresponding obligations of another subject, and vice versa.

The employment relationship is closely related to the employment contract, but not identical to it: the employment relationship contains the entire set of rights and obligations of a specific labor law relationship, which is its content, and content of an employment contract- these are his conditions.

The basis for the emergence of labor relations are the legal facts named in the legislation. Their occurrence is associated exclusively with lawful actions, by means of which the rights and obligations of employees and employers for the implementation of the employee's labor function are established.

As a rule, an employment relationship arises on the basis of employment contract... The Labor Code of the Russian Federation also provides for the following reasons the emergence of an employment relationship:

· Election to office;

· Election by competition to fill the relevant position;

· Appointment or confirmation in office;

· Assignment to work by bodies authorized in accordance with federal law on account of the established quota;

· A court decision on the conclusion of an employment contract.

Labor relations between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his representative in the case when the employment contract was not properly executed.

Labor relations on the basis of an employment contract as a result of election to a position arise if the election to a position involves the performance of a certain labor function by the employee.

Labor relations on the basis of an employment contract as a result of being elected through a competition to fill the corresponding position arise if labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulation) of the organization, defines a list of positions to be replaced by competition, and the procedure for competitive selection for these positions.

Labor relations arise on the basis of an employment contract as a result of appointment to a position or approval in a position in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms, or the charter (statute) of the organization.

A change in labor legal relations can occur both as a result of actions and as a result of events, for example, transfer to another job not stipulated by an employment contract, but only with the consent of the employee, except in cases of production necessity provided for in Art. 74 of the Labor Code of the Russian Federation.

Termination of an employment relationship can be both as a result of an action and as a result of an event, for example, termination of an employment contract at the initiative of an employee (at on their own) Art. 80 of the Labor Code of the Russian Federation; death of an employee - Art. 83 of the Labor Code of the Russian Federation.

Labor relationship is a voluntary legal relationship between an employee and an employer regarding the application of his knowledge, skills, abilities and skills in the labor process. The employee undertakes to personally perform a certain labor function and to obey the internal labor regulations in force in this organization, and the employer undertakes to provide the work stipulated by the contract, pay for his labor and create the necessary conditions in accordance with labor legislation, the collective agreement and the labor agreement.

Unlike civil legal relations, which can arise from all legal facts (events, lawful and illegal actions), labor legal relations arise only from a legitimate expression of will, a legal act aimed at establishing an employment relationship, that is, from an employment contract.

The parties and subjects of the employment relationship are the employee and the employer. In addition to the parties, the subjects of labor legal relations are trade unions, other representative bodies of employees, representative bodies of employers, including heads of organizations.

Subjects of labor law are participants in public relations endowed with legislation and specific contracts with certain rights and obligations in the process of fulfilling the functions assigned to them and regulatory requirements.

The rights and obligations of participants in labor relations are enshrined in Articles 21, 22 of the Labor Code of the Russian Federation, in accordance with which

the employee has the right to:

Conclusion, amendment and termination of an employment contract in the manner and on the terms established by this Code, other federal laws;

Providing him with work, stipulated by the employment contract;

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

Timely and in full payment of wages in accordance with their qualifications, labor complexity, 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, the provision of weekly days off, non-working holidays paid annual leave;

Complete reliable information on working conditions and labor protection requirements at the workplace;

Professional training, retraining and advanced training in the manner prescribed by this Code, other federal laws;

Association, including the right to form and join trade unions to protect their labor rights, freedoms and legitimate interests;

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

Conducting collective bargaining and the conclusion of collective agreements and contracts through their representatives, as well as information on the implementation of the collective agreement, agreements;

Protection of their labor rights, freedoms and legal interests by all means not prohibited by law;

Resolution of individual and collective labor disputes, including the right to strike, in the manner prescribed by this Code and other federal laws;

Compensation for harm caused to an employee in connection with the performance of his labor duties, and compensation for moral harm in the manner prescribed by this Code, other federal laws;

Compulsory social insurance in cases stipulated 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 the established labor standards;

Comply with labor protection and labor safety requirements;

Take good care of the property of the employer and other employees;

Immediately inform the employer or direct supervisor about a situation that poses a threat to the life and health of people, the safety of the employer's property.

The employer has the right:

Conclude, modify and terminate employment contracts with employees in the manner and on the terms established by this Code and other federal laws;

Conduct collective bargaining and bargaining;

Encourage employees for conscientious and effective work;

Require employees to fulfill their labor duties and respect the property of the employer and other employees, to comply with the rules of the organization's internal labor regulations;

Bring employees to disciplinary and material liability in the manner prescribed by this Code, other federal laws;

Adopt local regulations;

Create associations of employers in order to represent and protect their interests and join them.

The employer is obliged:

Comply with laws and other regulations, local regulations, collective bargaining agreements, agreements and labor contracts;

Provide employees with work stipulated by an employment contract;

Ensure labor safety and conditions that meet the requirements of labor protection and hygiene;

Provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;

Provide employees with equal pay for work of equal value;

To pay in full the wages due to employees within the terms established by this Code, the collective agreement, the organization's internal labor regulations, labor contracts;

Conduct collective bargaining, as well as conclude a collective agreement in the manner prescribed by this Code;

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

Timely fulfill the orders of state supervisory and control bodies, pay fines imposed for violations of laws, other regulatory legal acts containing labor law norms;

Consider the submissions of the relevant trade union bodies, other representatives elected by the employees on the violations of laws and other normative legal acts that contain labor law norms, take measures to eliminate them and report on the measures taken to the said bodies and representatives;

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

To provide for the household needs of employees related to the performance of their labor duties;

Carry out compulsory social insurance of employees in the manner prescribed by federal laws;

Compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral harm in the manner and under the conditions established by this Code, federal laws and other regulatory legal acts;

Fulfill other obligations provided for by this Code, federal laws and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements and labor contracts.

By collective and individual agreements, the list of rights and obligations can be further specified and specified.

Subjective rights and obligations directly arising from the law represent the core of the legal status of the subject of labor law and are called statutory, that is, fundamental, unchanging,

guaranteed and supported by all the power of the coercive apparatus of the state. For example, the statutory rights of citizens in the sphere of labor are enshrined in Article 37 of the Constitution of the Russian Federation, in articles of the Labor Code of the Russian Federation, in federal laws of the Russian Federation regulating labor and other legal relations directly related to them.

Labor relations are volitional social relations that develop as a result of the application of labor power to the means of production.

These relations arise where and when and where an employee is included in the staff of the organization for the personal performance of a contractual labor function for a fee, subject to the work schedule established in the organization.

The specific features of labor relations are as follows:

Enrollment of a citizen in the staff of the organization;

Personal performance of their work duties;

Exercise of powers within the framework of a certain labor function1;

Submission to the labor regime established in the organization (internal labor regulations, shift schedules, safety instructions, orders of managers, etc.);

Remuneration of labor relations, that is, the unconditional obligation of the employer to pay the employee.

A characteristic feature of an employment relationship is that it is always:

Double-sided;

Individual;

Lasting;

Focused.