Labor law tests. Labor law

Find in the list the categories of persons for whom the test is not established at the time of recruitment. Write down the numbers under which they are indicated.

1) persons under the age of 18

2) persons elected to an elective position for a paid job

3) persons who conclude an employment contract for a period of two months

4) pregnant women

5) conscripts transferred to the reserve

Explanation.

As a general rule, it is the employer's right to establish a test when hiring. The employer has the right to establish a test condition for any employee. However, Art. 70 of the Labor Code of the Russian Federation and other regulatory legal acts establish categories of workers for whom a probationary period cannot be established.

Thus, a test at hiring is not established for:

1. Persons elected through a competition to fill the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms.

2. Pregnant women and women with children under the age of one and a half years.

With regard to this category of workers, it can be noted that neither pregnant women nor women with children under the age of one and a half years are not obliged to inform the employer about their pregnancy and the presence of children when hiring. On the contrary, Art. 65 of the Labor Code of the Russian Federation it is forbidden to require an employee to submit documents that are not listed in this article. And Art. 64 of the Labor Code of the Russian Federation prohibits refusal of employment on the grounds of pregnancy. Thus, this category can hide the fact of pregnancy or the fact of having children under one and a half years old when applying for a job. Even if a test condition is included in the employment contract with them, it will be null and void.

3. Persons under the age of eighteen.

That is, minors. The fact of minority is established by examining identity documents.

4. Persons who have graduated from educational institutions of primary, secondary and higher vocational education with state accreditation and are entering work for the first time in their specialty within one year from the date of graduation from an educational institution.

Please note not the following. Educational institutions must have state accreditation. The employee goes to work in the received specialty, that is, in the specialty that is indicated in the diploma. Grace period - one year from the date of graduation from an educational institution. Established by a diploma. In principle, even if a graduate previously worked in his specialty, he can inform the employer that he is entering a job in his specialty for the first time and hide the fact that he has a work book.

5. Persons elected to an elective position for a paid job.

6. Persons invited to work by transfer from another employer as agreed between employers.

7. Persons entering into an employment contract for up to two months.

Here we are talking about a fixed-term employment contract of up to two months.

Those who have successfully completed the apprenticeship and entered into an employment contract with the employer from which they were trained.

According to Part 1 of Art. 207 of the Labor Code of the Russian Federation to persons who have successfully completed the apprenticeship, when concluding an employment contract with the employer, under the contract with which they were trained, a probationary period is not established.

8. Citizens doing alternative civilian service.

By virtue of clause 41 of the Regulation on the procedure for passing an alternative civilian service, approved by Decree of the Government of the Russian Federation of May 28, 2004 N 256, a probationary period when hiring for a citizen undergoing alternative civilian service is not established.

9. Certain categories of civil servants, provided for by Part 3 of Art. 27 of the Federal Law "On the State Civil Service of the Russian Federation" and clauses 1, 3, part 10 of Art. 24 of the Federal Law “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”.

Answer: 124.

Answer: 124

1) registration of compulsory social insurance of the employee

2) test at hiring

3) acceptance by the employee of non-disclosure obligations

4) improving the social and living conditions of the employee

Explanation.

Only 1 is true.

The following conditions are mandatory for inclusion in an employment contract, in accordance with Article 57 of the Labor Code of the Russian Federation:

−information about the identity documents of the employee and employer - an individual *;

−the taxpayer identification number (for employers, with the exception of employers who are individuals who are not individual entrepreneurs) *;

- place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality - the place of work with an indication of the separate structural unit and its location;

- labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee); if, in accordance with federal laws, the provision of compensation and benefits or the existence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation;

- the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;

−conditions of remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

- working hours and rest hours (if for a given employee it differs from the general rules in force for this employer);

−compensation for hard work and work with harmful and (or) hazardous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of the working conditions at the workplace;

−conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

−condition on compulsory social insurance of the employee in accordance with the Labor Code of the Russian Federation and other federal laws;

−other conditions in cases stipulated by labor legislation and other regulatory legal acts containing labor law norms.

The correct answer is indicated under the number: 1.

Answer: 1

According to the Labor Code of the Russian Federation, an individual who has the right and the ability to work under an employment contract is called

1) an employee

2) the employer

3) a hard worker

4) partner

Explanation.

An employee is a subject of labor law, an individual working under an employment contract with an employer. The legal status of an employee is determined by labor legislation, labor and collective agreements.

Answer: 1

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Siberia. Option 1.

1) the employer

2) partner

3) an employee

4) a hard worker

Explanation.

The correct answer is indicated under number: 3.

Answer: 3

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Siberia. Option 5.

What four groups of young people involved in labor did the authors identify? Using the content of the text, what is the main reason that prompts each group to work.

Read the text and complete assignments 21-24.

The participation in labor of 14-15-year-olds is the result of a decline in the standard of living of the population. The lower the family income, the more the family is interested in the adolescent's labor activity. It is the family in this case that can stimulate the termination of education and the entry into the labor market of an unskilled worker. Labor prospects of a young person in this case are unfavorable: there is a real danger of permanently gaining a foothold in the sphere of unskilled, as a rule, physical labor, which is fraught with lumpenization of the worker, his transition to marginal strata of society. Occasional participation of 14-15-year-old adolescents in labor activity, not accompanied by the termination of education (for example, during the summer school holidays), can be assessed as a positive phenomenon that meets the interests of the adolescent and society. In this case, we are talking about the initial stages of adaptation to work, about the development of a stereotype of work behavior in a market environment.

The conscious formation of material incentives to work is noted among 16-17-year-olds. This is due to the expansion of the volume of their material and spiritual needs, as well as the ongoing process of socialization. At the same age, there is an active search and choice of the type of future professional activity. The process of obtaining professional knowledge, skills and abilities is most intensive in the group of 18-20 year olds. The specific terms of vocational training can, of course, vary depending on the specifics of the life conditions of a young person, his choice of the type and form of education. Therefore, in terms of a number of behavioral characteristics, this group adjoins the group of 21-24 year olds. Within this framework, the majority of young people complete vocational training and strive no longer for occasional, but for permanent employment.

Among the characteristics of labor activity, job security, opportunities for professional development and job growth are highlighted. Therefore, young people strive to acquire additional skills and abilities. It is at the age of 21-24 that most young people experience the so-called “reality shock” associated with the fact that their ideal ideas about their future work activity conflict with the real situation in the workplace. The period of the initial stage of a career, characterized by joining the organization and finding one's place in it, falls on the same age.

(G. G. Rudenko, A. R. Savelov)

Explanation.

The correct answer should indicate the groups and the motivating reasons for each of them, for example:

1) 14-15 year olds - the need to help the family;

2) 16-17-year-olds young people - expanding the scope of needs, professional self-determination;

3) 18-20 years old young people - the needs of vocational education;

4) 21-24-year-olds young people - striving for permanent employment, career growth. The motivating reasons for each group can be given in other, similar formulations.

Subject area: Social relations. Youth as a social group

Explanation.

The correct answer may contain the following elements:

The employer is obliged:

comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, collective bargaining agreements, agreements and labor contracts; Entrepreneur A has drawn up a collective agreement with his employees for a period of 2 years.

provide employees with work stipulated by the employment contract; Citizen B., hired as a teacher, was given a job as a mathematics teacher.

"" to ensure the safety and working conditions that meet the state regulatory requirements for labor protection; - We were given helmets and safety footwear for work at heights.

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 limits" established in accordance with this Code, the collective agreement, internal labor regulations, labor contracts;

The elements of the answer can be given in a different form, similar in meaning.

Source: Unified State Exam - 2017. Early wave

1) labor

2) criminal

3) civil

4) family

Explanation.

Labor law regulates labor relations between employees and employers, as well as other relations closely related to them.

Criminal law regulates social relations associated with the commission of criminal acts, the imposition of punishment and the application of other measures of a criminal-legal nature.

Civil law regulates property and personal non-property relations.

Family law governs family relationships arising from the fact of marriage and family affiliation.

The correct answer is indicated under number: 3.

Answer: 3

Subject area: Law. Property and non-property rights

Source: Yandex: Unified State Exam training work in social studies. Option 1.

A. Violation of the rules of the labor schedule is governed by the norms of labor

wogo right.

B. Failure to comply with fire safety rules entails

chenie to administrative responsibility.

1) only A is true

2) only B is true

3) both statements are true

4) both judgments are wrong

Explanation.

A - true, Since the Internal Labor Regulations are governed by labor law.

B - YES. right

Correct answer: 3

Answer: 3

1) compliance with established production standards

2) compliance with labor discipline

3) complete reliable information about working conditions

4) respect for the property of the employer

Explanation.

Labor law is a branch of law that regulates employee-employer relations. The rights of the employee include 3, all the rest are duties.

Answer: 3.

Answer: 3

1) "individual"

2) "entrepreneur"

3) "employed"

4) "employer"

Explanation.

Answer: 4

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

1) director

2) the manager

3) by the owner

4) employer

Explanation.

An employer is one of the subjects of labor law. According to Art. 20 of the Labor Code of the Russian Federation, an employer is a legal entity, an individual, a public legal entity that has entered into an employment relationship with an employee.

The correct answer is indicated under number: 4.

Answer: 4

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Ural. Option 6.

Choose the correct judgments about disciplinary responsibility and write down the numbers under which they appear. Indicate the numbers in ascending order.

1) Disciplinary liability arises in case of violation of labor discipline by an employee.

2) The commission of a disciplinary offense by an employee always entails the application of disciplinary measures to him.

3) The imposition of a disciplinary sanction is always formalized by a written order of the employer.

4) The employer can apply to the employee any disciplinary measures not prohibited by law.

5) The employee can challenge the disciplinary sanction imposed on him.

Explanation.

Legal responsibility - legal coercion, which consists in the obligation of a person to undergo certain deprivations of a state-power character for a committed offense. Disciplinary liability is a legal liability under the labor law that arises for violation of labor discipline and is expressed in the imposition of a disciplinary penalty on an employee who has committed a disciplinary offense.

1) Disciplinary liability arises in case of violation of labor discipline by an employee - yes, that's right.

2) The commission of a disciplinary offense by an employee always entails the application of disciplinary measures to him - no, it is wrong.

3) The imposition of a disciplinary sanction is always formalized by a written order of the employer - yes, that's right (Article 193 of the Labor Code of the Russian Federation)

4) The employer can apply to the employee any disciplinary measures that are not prohibited by law - no, not true, only those provided for by federal laws, statutes and regulations on discipline (Article 192 of the Labor Code of the Russian Federation)

5) An employee can challenge the disciplinary sanction imposed on him - yes, that's right.

Answer: 135.

Establish a correspondence between examples and types of legal liability: for each item given in the first column, select the corresponding item from the second column.

A	B	V	G	D

Explanation.

Disciplinary liability is a legal liability under the labor law that arises for violation of labor discipline and is expressed in the imposition of a disciplinary penalty on an employee who has committed a disciplinary offense. Civil liability is the offender's obligation arising on the basis of a civil offense to commit a certain property action that satisfies the legitimate interest of the person whose right has been violated, to the execution of which the offender can be sentenced. Administrative liability is a type of legal liability that determines the obligations of the subject to undergo deprivations of a state-imperious nature for committing an administrative offense.

A) compensation for moral damage - civil.

B) warning for violation of state regulatory requirements for labor protection - administrative.

C) the penalty for parking in the wrong place is administrative.

D) appearance at the workplace in a state of alcoholic intoxication - disciplinary.

Answer: 12231.

Using social science knowledge, draw up a complex plan that allows you to essentially reveal the topic "The system of Russian law". The plan must contain at least three points, of which two or more are detailed in subparagraphs.

Explanation.

1. The concept of a system of law.

2. The structure of the legal system:

a) branches of law;

b) institutions of law;

c) the rule of law.

a) public, private;

a) civil law;

b) criminal law;

c) family law;

d) labor law, etc.

5. Sources of law in the Russian Federation:

a) regulatory legal act;

b) legal custom;

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Siberia. Option 3.

Explanation.

When analyzing the answer, the following are taken into account:

The correctness of the wording of the points of the plan in terms of their relevance to the given topic and the clarity of the expression of thought;

Reflection in terms of the main aspects of the topic in a certain (adequate to the given topic) sequence.

One of the options for the disclosure plan for this topic:

1. The concept of a system of law.

2. The structure of the legal system:

a) branches of law;

b) institutions of law;

c) the rule of law.

3. Classification of branches of law:

a) public, private;

b) material, procedural

4. The main branches of the Russian legal system:

a) civil law;

b) criminal law;

c) family law;

d) labor law, etc.

5. Sources of law in the Russian Federation:

a) regulatory legal act;

b) legal custom;

c) international agreement, etc.

Perhaps a different number and (or) other correct wording of points and sub-points of the plan. They can be presented in denominational, question or mixed forms.

The presence of any two of 2-5 points of the plan in a given or similar formulation will allow to reveal the content of this topic in essence.

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Siberia. Option 6.

Using social science knowledge, draw up a complex plan that allows you to reveal the essence of the topic "System of law". The plan must contain at least three points, of which two or more are detailed in subparagraphs.

Explanation.

When analyzing the answer, the following are taken into account:

The correctness of the wording of the points of the plan in terms of their relevance to the given topic and the clarity of the expression of thought;

Reflection in terms of the main aspects of the topic in a certain (adequate to the given topic) sequence.

One of the options for the disclosure plan for this topic:

1. The concept of a system of law.

2. The structure of the legal system:

a) branches of law;

b) institutions of law;

c) the rule of law.

3. Classification of branches of law:

a) public, private;

b) material, procedural

4. The main branches of the Russian legal system:

a) civil law;

b) criminal law;

c) family law;

d) labor law, etc.

5. Sources of law in the Russian Federation:

a) regulatory legal act;

b) legal custom;

c) international agreement, etc.

Perhaps a different number and (or) other correct wording of points and sub-points of the plan. They can be presented in denominational, question or mixed forms.

The presence of any two of 2-5 points of the plan in a given or similar formulation will allow to reveal the content of this topic in essence.

Source: Unified State Exam in Social Science 05/05/2014. An early wave. Option 4.

1) civil

2) administrative

3) financial

4) constitutional

Explanation.

The division into private and public law is a division into groups that systematize legal norms that serve to ensure generally significant (public) interests, i.e., the interests of the state and society as a whole (constitutional, administrative, criminal, procedural, financial, military law) , and legal norms that protect the interests of individuals (civil, family, labor law, etc.).

The correct answer is indicated under the number: 1.

Answer: 1

Subject area: Law. System of Russian law, legislative process

Establish a correspondence between the actions and elements of the legal status of the employer in the Russian Federation: for each position given in the first column, select the corresponding position from the second column.

ACTIONS

ELEMENTS OF THE EMPLOYER'S LEGAL STATUS IN THE RUSSIAN FEDERATION

A) provide employees' representatives with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation

B) require employees to fulfill their labor duties

B) ensure the safety and working conditions that comply with the state regulatory requirements for labor protection

D) compensate for harm caused to employees in connection with the performance of their labor duties

E) to conduct collective bargaining and to conclude collective agreements

1) responsibilities

Write down the numbers in the answer, arranging them in the order corresponding to the letters:

A	B	V	G	D

Explanation.

Employer - an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In the cases established by federal laws, another entity entitled to conclude employment contracts may act as an employer. The rights and obligations of an employer in labor relations are exercised by: an individual who is an employer; governing bodies of a legal entity (organization) or their authorized persons in the manner prescribed by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulations.

The main rights and obligations of the employer are listed in Art. 22 of the Labor Code, and all of them can be divided into several groups.

1. Rights related to the employment contract. One of the basic rights of an employer is the right to conclude, amend and terminate employment contracts with employees in accordance with the Labor Code of the Russian Federation and other federal laws.

2. Rights in the field of social partnership. The basic rights of an employer include the right to bargain collectively and bargain collectively. Thus, the employer has the right to initiate collective bargaining. In this case, the employee's representative is obliged to enter into negotiations within seven days. The employer also has broad rights at the stage of concluding a collective agreement, because it is signed by the parties (Article 43 of the Labor Code of the Russian Federation). Other rights in this area include the right to form and join associations of employers in order to represent and protect their interests. There is a wide range of employer rights. For example, collective bargaining on the preparation and implementation of laws and other regulatory legal acts; control over the implementation of collective agreements and contracts, assistance in resolving collective labor disputes, etc.

3. Disciplinary rights. The employer has the right to demand that employees perform their job duties in good faith, observing the rules of the organization's internal labor regulations, and respecting the employer's property. The employer has the right to encourage employees who perform their labor duties in good faith, and to bring violators of labor discipline to disciplinary and material liability.

4. Rule-making rights. One of the important rights of an employer is to adopt local regulations within their competence. They are mandatory for employees of the organization. For example, the rules of the internal labor schedule, regulations on bonuses, etc.

5. Obligations arising from an employment relationship with an employee (directly related to the employee's rights mentioned above). The employer is obliged to comply with laws and other regulatory legal acts governing labor relations, provide all employees with work stipulated by the employment contract, timely and in full pay for employees, etc. It should be especially noted that the employer is obliged to provide employees with equal pay for work of equal value. The consolidation of such a duty ensures the creation, first of all, of a fair system of remuneration. This principle is in line with international wage standards.

6. Obligations related to control over activities and liability for damage caused. The employer is obliged to consider the submissions of the relevant authorities, including the representatives elected by the employees, on the violations of laws and other acts containing the norms of labor legislation, to take measures to eliminate them and be sure to report direct measures to the relevant authorities and representatives. The employer is obliged to compensate for the damage caused to the employee in connection with the performance of his labor duties, as well as compensate for the moral damage caused to the employee by the unlawful action or inaction of the employer. The employer is liable for damage caused by the employee to third parties in the performance of his job duties (Article 1068 of the Civil Code of the Russian Federation). This responsibility of the employer is based on insufficient control by the employer over the activities of his employees.

7. Obligations for social insurance. The employer is obliged to carry out compulsory social insurance of the employee in the manner prescribed by federal law. The employer is the insured, and the insured is an organization of any organizational and legal form, as well as citizens who are obliged, in accordance with federal laws on specific types of compulsory social insurance, to pay insurance premiums (compulsory payments). The general obligations of the insured are determined by the Federal Law "On the Foundations of Compulsory Social Insurance", as well as other special laws. The main obligation of the policyholder is to register with the appropriate account and pay insurance premiums on time and in the proper amount.

A) provide employees' representatives with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation - duties.

B) require employees to fulfill their labor duties - rights.

B) ensure the safety and working conditions in accordance with the state regulatory requirements for labor protection - duties.

D) to compensate for harm caused to employees in connection with the performance of their labor duties - duties.

E) to conduct collective bargaining and to conclude collective agreements - rights.

Answer: 12112.

Establish a correspondence between examples and grounds for terminating an employment contract in the Russian Federation: for each position given in the first column, select the corresponding position from the second column.

EXAMPLES

BASIS FOR TERMINATION OF THE EMPLOYMENT CONTRACT IN THE RUSSIAN FEDERATION

A) The attestation commission confirmed that Mark G. did not have a sufficient level of qualifications for the position held.

B) Victor P. repeatedly failed to fulfill his labor duties without good reason, had several disciplinary sanctions.

C) 24-year-old Roman V. was sent to military service by conscription.

D) Irina A. got married and is moving to another city.

E) Upon the expiration of the term of the employment contract, Peter M. was not elected to the position he previously held as head of the Department of Philosophy.

1) the initiative of the employer

2) employee initiative

3) circumstances beyond the control of the parties

Write down the numbers in the answer, arranging them in the order corresponding to the letters:

A	B	V	G	D

Explanation.

Termination of an employment contract at the initiative of the employee. The contract is terminated at the employee's own request (Article 80 of the Labor Code of the Russian Federation). In this case, the employee must notify the employer in writing of his desire to terminate the employment relationship at least two weeks in advance. A different period can be fixed by agreement of the parties or specified in the law (for example, the manager must notify the employer at least a month in advance - Article 280 of the Labor Code of the Russian Federation). And if an employment contract is concluded with an employee for up to two months or with a seasonal employee, then the employer is notified of the early termination of the employment contract three calendar days in advance (Articles 292, 296 of the Labor Code of the Russian Federation). If, after submitting the application for dismissal, the employee has changed his decision, then he has the right at any time before the expiration of the notice of dismissal to withdraw his application. This is always possible, except for the situation when another employee is invited in writing to the place of the quitting employee, to whom, in accordance with Art. 64 of the Labor Code of the Russian Federation or other federal laws cannot be denied to conclude an employment contract.

Termination of an employment contract at the initiative of the employer. Termination of an employment contract at the initiative of the employer is possible in the following cases.

1. Liquidation of an organization or termination of activities by an employer - an individual.

2. Reduction of the number or staff of the organization's employees.

3. Inconsistency of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification.

4. Change of ownership of the organization's property.

5. Repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary penalty.

6. One-time gross violation of labor duties by an employee.

7. Committing of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to the loss of confidence in him on the part of the employer

8. Committing by an employee performing educational functions of an immoral offense incompatible with the continuation of this work.

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

10. One-time gross violation by the head of the organization (branch, representative office), his deputies of their labor duties.

11. Submission by the employee to the employer of false documents when concluding an employment contract.

In accordance with Art. 83 of the Labor Code of the Russian Federation, an employment contract is subject to termination for the following circumstances, beyond the control of the parties:

1. The conscription of an employee for military service or sending him to an alternative civilian service replacing it. Upon termination of labor legal relations on the specified basis, the employee is paid severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation). Termination of an employment contract on this basis is carried out on the basis of an employee's application upon presentation by the employee of a draft enlistment office summons to appear at a recruiting office for service. Only in this case does the Federal Law "On the Status of Servicemen" guarantee the right of a serviceman who worked before conscription at a state (municipal) enterprise to return to his previous job within a few months from the date of demobilization.

2. Reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or the court. Termination of an employment contract on this basis is possible only if it is impossible to transfer the employee with his consent to another job. Moreover, in this case, the employee is paid severance pay in the amount of two-week average earnings (Article 178 of the Labor Code of the Russian Federation).

3. Not being elected to office. Logically, this paragraph applies in case of non-re-election of an employee holding a certain position for a new term. Since in the competitive replacement of a position, in addition to such an employee, persons filling other positions can participate, and if they are not elected, they remain in their positions and they do not need to be fired. Also, an applicant from the street can participate in the competitive selection, that is, not an employee of the organization, and if he is not elected, he also does not need to be fired, since he did not become an employee.

4. Condemnation of the employee to a punishment that excludes the continuation of the previous work in accordance with the court verdict, which entered into legal force. In accordance with Art. 392 of the Code of Criminal Procedure of the Russian Federation, a court verdict that has entered into legal force is binding on all state authorities, local self-government bodies, public associations, officials, other individuals or legal entities and is subject to strict execution throughout the territory of the Russian Federation. If the punishment chosen in the judgment prevents the employee from continuing his work activity (for example, imprisonment, deprivation of the right to hold a certain position or engage in certain activities), then the employment contract must be terminated by the employer issuing the corresponding 11 order. According to Part 3 of Art. 77 of the Labor Code of the Russian Federation, the day of dismissal of an employee is the last day of his work. If the employee was under arrest before the trial, then the last day of his work will be considered the day of his dismissal. This is one of the few cases of dismissal of an employee since the last day.

5. Recognition of an employee as completely incapacitated in accordance with a medical report. In this case, the employer is obliged to terminate the employment relationship with the employee. The basis for the issuance of the corresponding order can only be a medical opinion of authorized experts of the MSEC (medical and social expert commission).

6. Death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as deceased or missing. If the first half of this reason is clear enough, then the issue of recognizing a person as missing or dead is extended in time and also leads to dismissal by the previous date after the person has been recognized as such in court.

7. The onset of extraordinary circumstances that impede the continuation of labor relations (military action, catastrophe, another disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the corresponding constituent entity of the Russian Federation. There must be not only an event, but also a decision to recognize it as an emergency by the relevant authority.

8. Disqualification or other administrative punishment excluding the possibility of the employee fulfilling his obligations under the employment contract.

9. Expiration, suspension of validity for more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the inability of the employee to fulfill his obligations under the employment contract.

10. Termination of admission to state secrets, if the work performed requires such admission. In Art. 23 of the Law of the Russian Federation of 21.07.1993, No. 5485-1 "On State Secrets" defines the conditions for terminating the admission of an official or citizen to state secrets. If, on one of the grounds given in it, the employee's admission to state secrets is terminated and, as a result, he loses the opportunity to further exercise his labor functions, then the employment contract may be terminated by the employer under paragraph 12 of Art. 81 of the Labor Code of the Russian Federation. Dismissal under clauses 8-10 is allowed, if it is impossible to transfer the employee with his written consent to another job available to the employer (as a vacant position or work corresponding to the qualifications of the employee, such as a vacant lower position or lower-paid job), which the employee can carry out taking into account his state of health. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

11. Cancellation of a court decision or cancellation (recognition as illegal) of the decision of the state labor inspectorate to reinstate an employee at work.

12. Bringing the total number of employees who are foreign citizens or stateless persons in line with the permissible share of such employees established by the Government of the Russian Federation for employers carrying out certain types of economic activity on the territory of the Russian Federation.

13. The emergence of restrictions on the employment of certain types of labor activity established by the Labor Code, other federal law and excluding the possibility of the employee fulfilling his obligations under the employment contract. Such dismissal is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

A) The Attestation Commission confirmed that Mark G. did not have a sufficient level of qualifications for the position held - the initiative of the employer.

B) Victor P. repeatedly failed to fulfill his labor duties without good reason, had several disciplinary sanctions - the employer's initiative.

C) 24-year-old Roman V. was sent to military service by conscription - circumstances beyond the control of the parties.

D) Irina A. got married and is moving to another city - the initiative of the employee.

E) Upon expiration of the term of the employment contract, Peter M. was not elected to the position he previously held as head of the Department of Philosophy - circumstances beyond the control of the parties.

Answer: 11323.

Answer: 11323

Ivan Kheorkhe

6) an extract from the financial and personal account

Explanation.

Article 65 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) provides a list of documents to be presented when concluding an employment contract. When concluding an employment contract, a person applying for work presents to the employer: a passport or other identity document; work book, except for cases when an employment contract is concluded for the first time or an employee starts working on a part-time basis; insurance certificate of state pension insurance; military registration documents - for those liable for military service and persons subject to conscription; a document on education, qualifications or special knowledge - when applying for a job requiring special knowledge or special training. In some cases, taking into account the specifics of the work, the employer may require (with the consent of the employee) the presentation of additional documents when concluding a contract.

1) certificate of registration of ownership of the residential premises - no, it is incorrect.

2) insurance certificate of state pension insurance - yes, that's right.

3) passport of a citizen of the Russian Federation - yes, that's right.

4) tax notice - no, wrong.

5) a diploma of specialized education - yes, that's right.

6) an extract from the financial and personal account - no, it is incorrect.

Answer: 235.

Labor relations are a set of rights and obligations arising on the basis of an employment contract. All citizens who have reached the age of majority, as well as citizens under 18 years of age with the (written) consent of their parents or legal representatives, have the right to enter into such legal relations. By the way, the conclusion of an employment contract at such a tender age leads to emancipation - the achievement of a person's full legal capacity.

If you do not know what it is all about, then everything is clearly disassembled in these video tutorials.

Labor relations, as well as the terms of the employment contract, must not contradict the labor legislation of the Russian Federation. The main sources of labor law are the Constitution of the Russian Federation and the Labor Code of the Russian Federation.

In the process of labor legal relations, disputes between the employee and the employer are inevitable. For example, here's what you would do if an employer comes up to you and says, “Hi. All our movers did not show up for work today: can you help us ship the goods to the client? Our people will be numbered! " What will you do? Most of our fellow citizens, fearing losing their jobs, will certainly agree. If you are not, write in the comments why?

But what is to be done according to the law? By law, you have the right to demand that the employer concludes with you an additional agreement to the employment contract, which would spell out your new additional obligations, and payment for their performance.

Actually, you can independently initiate the signing of such an agreement, which supplements your employment legal relationship. To do this, you need to write a statement to the authorities in order to conclude such an additional agreement with you. It is also important to understand that it would be better to make a copy of the application and notarize it. If you do not know why this is, read the post about termination of an employment contract.

The labor dispute committee should be composed of both employee representatives and the employer. Its decisions come into force 10 days after it makes a decision. Such a magic commission can be convened both on the initiative of the employees and on the initiative of the employer.

But, unfortunately, our fellow citizens are not very active in terms of protecting their rights: we'd better wait until they can no longer tolerate. If things get really bad, then you can talk on the sidelines - and that's the end of it. If you do not agree that this is how things are in Russia, please provide the facts in the comments.

1. The administration of a private firm dismissed citizen S. without good reason. What rules of law will become the basis for the proceedings of the claim of citizen S. in court?

1) labor

2) civil

3) administrative

4) entrepreneurial

2. Failure to show up for work without a valid reason is a violation of the law.

1) criminal

2) administrative

3) civil

4) labor

3. The administration of the enterprise imposed a penalty on an employee who violated the work schedule. What kind of legal liability does this example illustrate?

1) disciplinary

2) administrative

3) civil

4) criminal

4. Are the following judgments about employment relationships correct?

A. For the emergence of an employment relationship, it is always necessary to conclude a fixed-term contract between the employer and the employee.

B. The subjects of labor relations are the employee and the employer.

1) only A is true

2) only B is true

3) both statements are true

4) both judgments are wrong

5. The type of disciplinary liability is (are)

1) restriction of freedom

3) correctional labor

4) reprimand

6. Which of the following is a disciplinary offense?

1) being late for service without good reason

2) dissemination of information discrediting the honor of a citizen

3) parking the car in a place prohibited for stopping

4) drinking beer on public transport

7. The deputy director of the enterprise did not follow the director's order to correct the fire alarm. What kind of responsibility did the deputy director's actions entail?

1) administrative

2) criminal

3) disciplinary

4) civil

8. The head of the enterprise refused to grant another leave. The citizen decided to challenge this decision. Where (to whom) should he apply for this?

1) to a notary

2) to the prosecutor's office

4) to the ombudsman

9. The work book contains data on

1) health status

2) marital status

3) awards and incentives

4) the amount of salary

10. According to Art. 63 of the Labor Code of the Russian Federation, the conclusion of an employment contract (as a general rule) is allowed with persons who have reached the age of

11. Are the following judgments about the employee's rights true?

A. The basic rights of the employee include the requirement to observe labor discipline.

B. One of the rights of an employee is to receive complete and reliable information about working conditions.

1) only A is true

2) only B is true

3) both statements are true

4) both judgments are wrong

12. In the order of what legal proceedings, according to the Russian legislation, the lawsuits on disputes arising from labor legal relations are considered?

1) administrative

2) civil

3) criminal

4) arbitration

13. The grounds for termination of an employment contract include

A. termination of the employment contract at the initiative of the employee.

B. expiration of the term of the employment contract.

1) only A is true

2) only B is true

3) both statements are true

4) both judgments are wrong

14. Indicate the situation in which the administration of the enterprise carried out the illegal dismissal of the employee.

1) The employee was dismissed due to the reorganization of the enterprise to reduce staff.

2) The employee was fired for his systematic violation of the internal labor regulations at the enterprise.

3) The employee was dismissed due to the expiration of the employment contract and the decision of the administration not to renew it.

4) An employee who issued a sick leave and did not go to work was fired under the article for absenteeism.

15. Are the following judgments about employment relationships correct?

A. One of the subjects of labor relations is always the state.

B. Labor relations always arise by mutual agreement of the two parties.

1) only A is true

2) only B is true

3) both statements are true

4) both judgments are wrong

16. To designate one of the parties to an employment contract in the Labor Code of the Russian Federation, the term is used

1) "entrepreneur"

2) "employer"

3) "employed"

4) "individual"

17. According to the Labor Code of the Russian Federation, an individual who has the right and the ability to work under an employment contract is called

1) a hard worker

2) partner

3) employer

4) an employee

18. Are the following judgments about employment relationships correct?

A. Labor relations arise by the decision of one of the parties.

B. When hiring for any job, a probationary period of at least three months is established.

1) only A is true

2) only B is true

3) both statements are true

4) both judgments are wrong

19. Below is a list of terms. All of them, with the exception of two, relate to the legal grounds for terminating an employment contract. Find two terms "out of the ordinary", and write down the numbers under which they are indicated in the answer.

20. Below is a list of terms. All but two are examples of worker rights. Find two terms "out of the ordinary".

21. Indicate for which categories of persons a test is not established when hiring:

1) pregnant women

2) conscripts transferred to the reserve

3) persons with higher education

4) persons under the age of 18

5) persons who graduated from a vocational educational institution and are entering work for the first time in their specialty

6) persons who have changed their place of residence

22. Marina Ivanovna is regularly late for the beginning of the working day. The director of the enterprise has repeatedly warned her about the inadmissibility of such actions, but Marina Ivanovna, referring to traffic jams, continues to be late. Which of the listed positions can be associated with a legal assessment of this situation? Write down the numbers under which they are indicated.

1) disciplinary offense

3) dismissal

4) material responsibility

5) administrative law

6) labor law

23. An employee of the travel company I. is regularly late for the beginning of the working day. The director of the company has repeatedly warned her about the inadmissibility of such actions, but I. continues to be late. Select from the list below the items related to the legal assessment of this situation, and write down the numbers under which they are indicated.

1) labor law

2) civil liability

3) disciplinary offense

4) administrative law

5) dismissal

6) material responsibility

24. Find examples of administrative misconduct in the list and write down the numbers under which they are indicated.

1) Citizen N. sprayed a can of tear gas in the street.

2) Citizen K. parked her car on the lawn in the park.

3) A team of builders violated the terms of construction of a country cottage for citizen P.

4) A young man, walking in the park with his girlfriend, wrote his name and the girl's name on the bench with a bright marker.

5) The director of the company fired the deputy chief accountant on the basis of his loss of confidence.

25. An employee of the firm P. is regularly late for work, referring to traffic jams. Choose from the list of concepts, terms related to the characteristics of this offense.

26. The owner of a private enterprise ordered the workers to go to work on a holiday. The administrator of the enterprise refused to comply with the order, for which he was dismissed. Which articles of the code will become the basis for the examination of the case in court?

1) Administrative

2) Labor

3) Cooperative

4) Civil

27. Establish a correspondence between actions and elements of the legal status of an employee in the Russian Federation: for each position given in the first column, select the corresponding position from the second column.

28. Establish a correspondence between actions and elements of an employee's status in the Russian Federation: for each position given in the first column, select the corresponding position from the second column.

29. What is the meaning of social scientists in the concept of "employment contract"? Drawing on knowledge of a social science course, make up two sentences: one sentence containing information on the age at which an employment contract is allowed to be concluded according to the general rule, and one sentence that discloses any guarantee established by Russian law when concluding an employment contract.

30. Having learned that the grandmother needs an expensive operation, 16-year-old schoolboy Ivan decided to get a job as a seller in a tobacco shop. He was satisfied with the expected wages and work schedule. But the employer refused to hire Ivan. Is the employer's actions lawful? Explain your answer. Name any two features of the regulation of the work of workers under 18 years of age.

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

32. Name any three grounds for termination of an employment contract and illustrate with an example each of them.

33. A young woman found a job in the firm as a secretary-assistant. After a few months, she got married and became pregnant. The administration of the company terminated the employment contract with her. The woman appealed against her dismissal in court. What decision should the court make in this case? Give at least three reasons why the administration can dismiss an employee on its own initiative.

34. A three-year labor contract was concluded with the mechanic Sidorov. After two years, Sidorov decided to quit, and notified the employer in writing. The employer refused the locksmith to terminate the employment contract, referring to the fact that there was a year left before the expiration of the contract, which Sidorov must work at the enterprise. Is the employer's refusal legal? Justify your answer. Name any two principles on which labor relations in the Russian Federation are based.

35. You have been instructed to prepare a detailed answer on the topic “Labor contract in the Russian Federation”. Make a plan according to which you will cover this topic. The plan must contain at least three points, of which two or more are detailed in subparagraphs.

Explanation.

Art. 63 of the Labor Code of the Russian Federation:

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen.

In cases of receiving general education, or continuing the development of the main general education program of general education in a form of study other than full-time, or abandoning a general education institution in accordance with federal law, an employment contract can be concluded by persons who have reached the age of fifteen years to perform light work that does not cause harm their health.

With the consent of one of the parents (guardian) and the guardianship and trusteeship body, an employment contract may be concluded with a student who has reached the age of fourteen years, in order to perform light work in his free time, which does not harm his health and does not interfere with the learning process.

In cinematographic organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, to conclude an employment contract with persons under the age of fourteen years to participate in the creation and (or) performance (exhibiting) ) works without prejudice to health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permission of the guardianship and trusteeship body indicates the maximum permissible duration of daily work and other conditions in which the work can be performed.

Answer: 1

Indicate the circumstance that prevents marriage in accordance with the legislation existing in the Russian Federation.

1) the lack of property in the spouses

2) the presence of limitations in the physical capabilities of the marrying

3) the lack of general secondary education for those entering into marriage

4) the presence of a close relationship between persons entering into marriage

Explanation.

Even in the ancient world, there was a taboo on mixing blood.

The correct answer is indicated at number 4.

Answer: 4

Are you saying that Ivalids cannot marry?

a guest 11.07.2012 16:15

Tell me, what article prohibits close relatives from getting married?

Anastasia Smirnova (St. Petersburg)

Article 14 of the Family Code of the Russian Federation.

Which of the following is governed by family law?

1) receiving inheritance by will

2) the procedure for obtaining citizenship

3) the procedure for paying child support

4) the procedure for the acquisition of immovable property

Explanation.

Alimony - funds that, in cases established by law, some family members are obliged to pay for the maintenance of other family members who need it.

Answer: 3

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

Which of the following applies to the property obligations of the spouses:

1) choice of place of residence

2) payment of alimony

3) family relationships based on mutual assistance, respect, care

4) choosing a surname

Explanation.

Alimony - means (in cash or in kind) for food (maintenance), which the law obliges one of the spouses to pay to the other, a parent - a minor child, an adult child - an elderly parent, etc. They can be paid / transferred voluntarily or compulsorily, in a judicial proceeding.

Answer: 2

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

What is the situation governed by family law?

1) citizen K. was denied marriage with a minor citizen JI.

2) citizen M. has entered into an agreement with citizen N. to purchase an apartment

3) citizen O. refused to participate in the theft of a computer

4) citizen P. did not pay for the bus fare

Explanation.

Family law regulates the procedure for marriage and its dissolution, adoption.

The second and third - & nbsp is civil law.

The fourth is & nbspadministrative.

The correct answer is indicated at number 1.

Answer: 1

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

What situation is regulated by the labor law?

1) citizen R. has filed an application with the court for the division of property with his ex-wife

2) citizen S. was hired for a trial period

3) citizen T. was found innocent by the court and released right in the courthouse

4) citizen U. drove a car while intoxicated

Explanation.

The Labor Code regulates the procedure for employment, dismissal, drawing up an employment contract.

The correct answer is indicated at number 2.

Answer: 2

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

The procedure for hiring and firing, payroll, rest time are regulated

1) the Constitution of the Russian Federation

2) the Civil Code

3) Labor Code

4) the Criminal Code

Explanation.

The Constitution of the Russian Federation is the basic law of the Russian Federation, a normative legal act with supreme legal force, securing the foundations of the constitutional system, state structure, the formation of representative, executive, judicial authorities and the system of local self-government, human and civil rights and freedoms.

The Civil Code of the Russian Federation (Civil Code of Russia) is a code of federal laws of the Russian Federation governing civil law relations. The Civil Code has priority over other federal laws and other normative legal acts in the field of civil law.

The Labor Code of the Russian Federation is a codified legislative act (code) on labor, Federal Law No. 197-FZ of December 30, 2001. Entered into force on February 1, 2002, replacing the previous Code of Labor Laws of the RSFSR (Labor Code of the RSFSR) of 1971. The Code defines labor relations between employees and employers and has priority over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation,

By decrees of the Government of the Russian Federation, etc.

The Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) is the main and only source of criminal law, the only normative act establishing the criminality and punishability of acts on the territory of the Russian Federation - Russia.

The correct answer is indicated at number 3.

Answer: 3

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

According to Art. 63 of the Labor Code of the Russian Federation, the conclusion of an employment contract (as a general rule) is allowed with persons who have reached the age of

Explanation.

The conclusion of an employment contract is allowed with persons who have reached the age of 16.

The correct answer is indicated at number 1.

Answer: 1

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Demo version of the Unified State Exam-2013 in Social Studies.

According to the Labor Code of the Russian Federation, the employer's obligation is

1) conclude, amend and terminate employment contracts with employees

2) provide employees with equal pay for work of equal value

3) reward employees for conscientious work

4) to bring employees to disciplinary responsibility

Explanation.

Obligations of the employer under the Labor Code of the Russian Federation:

The employer is obliged:

−Compliance with labor laws and other regulatory legal acts containing labor law norms, labor contracts and agreements;

−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;

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

- to provide employees with equal pay for work of equal value;

−Pay in full the wages due to employees within the time limits established in accordance with this Code, the collective agreement, internal labor regulations, labor contracts;

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

−provide employees' representatives with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;

−to acquaint employees against signature with the adopted local regulations directly related to their labor activity;

−timely fulfill the instructions of the federal executive body authorized to exercise federal state supervision over the observance of labor legislation and other normative legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established area of activity, pay fines, imposed for violations of labor laws and other regulatory legal acts containing labor law;

−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 found 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;

−to 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 on the conditions established by this Code, other federal laws and other regulatory legal acts of the Russian Federation;

The correct answer is indicated under number: 2.

Answer: 2

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Centre. Option 1.

Conditions that are required for marriage include

1) reaching the age of 21

2) obtaining a complete secondary education

3) mutual consent of the bride and groom

4) the groom has his own earnings

Explanation.

Marriage is a voluntary union of a man and a woman, created in accordance with the procedure established by law.

Answer: 3

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Centre. Option 6.

According to the Labor Code of the Russian Federation, an individual who has the right and the ability to work under an employment contract is called

1) an employee

2) the employer

3) a hard worker

4) partner

Explanation.

The correct answer is indicated under the number: 1.

Answer: 1

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Siberia. Option 1.

According to the Labor Code of the Russian Federation, an individual who has the right and the ability to work under an employment contract is called

1) the employer

2) partner

3) an employee

4) a hard worker

Explanation.

The correct answer is indicated under number: 3.

Answer: 3

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Siberia. Option 5.

To designate one of the parties to an employment contract in the Labor Code of the Russian Federation, the term is used

1) "individual"

2) "entrepreneur"

3) "employed"

4) "employer"

Explanation.

The correct answer is indicated under number: 4.

Answer: 4

Subject area: Law. The procedure for hiring, the procedure for concluding and terminating an employment contract

Source: Unified State Exam in Social Science 06/10/2013. The main wave. Siberia. Option 6.

According to the Labor Code of the Russian Federation, an individual or legal entity that has entered into an employment relationship with an employee is called

1) director

2) the administrator A prerequisite of the employment contract is