General characteristics of the labor relationship. Employment relationship and its features

Sections of the site

Editor's Choice:

Advertising

home - Services to the population

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 sphere 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 subject to the internal labor regulations of the organization, and the employer creates the necessary conditions for work in accordance with the law and pays the employee's work not below the minimum amount of labor established by law.

Labor relations are always bilateral. They involve an employee and an employer with labor legal personality.

Types of labor 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 labor relations is labor relations when working part-time. When working part-time, an employee has two labor relations in parallel.

An employment relationship must be distinguished from related legal relationships related to labor, but regulated by the norms of civil law, according to the following features:

1) in an employment relationship, an employee, as a rule, acts as a member of the labor collective, but not in a civil one;

2) the subject of an employment relationship is the process of labor itself, and in a civil relationship, its embodied result;

3) in an employment relationship, the obligatory condition is the subordination of the employee to the rules of the internal labor regulations, which is not the case in civil relations;

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

All rights and obligations in an employment relationship are of a personal nature, i.e. the employee cannot appoint someone to perform the labor function assigned to him in his place. 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 - a complex of powers of one side and the duties of the other subject that correlate with them, 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 particular labor law relationship, which is its content, and content of the employment contract 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, through which the rights and obligations of employees and employers are established for the implementation by the employee of his labor function.

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

election to office

election by competition to fill the relevant position;

Appointment to a position or confirmation in a position;

· assignment to work by authorized bodies 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 event that 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 by competition to fill the relevant 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 filled by competition, and the procedure for competitive election 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 provided for by labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulations) of the organization.

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

The 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 the employee (at his own request) Art. 80 of the Labor Code of the Russian Federation; death of an employee 83 of the Labor Code of the Russian Federation.

An employment relationship is a legal relationship based on an agreement between an employee and an employer, according to which

to which one party (employee) undertakes to personally perform a certain labor function (work in a certain specialty, qualification or position), obeying the internal labor regulations established by the employer, and the other party (employer) undertakes to provide the employee with the work stipulated by the employment contract, to ensure appropriate working conditions for him as well as timely payment of the work of the employee.

The elements of an employment relationship are its object, subjects (parties) and content, i.e. subjective rights and obligations of the parties.

The object of the labor relationship is the labor function performed by the employee, paid by the employer.

The subjects of an employment relationship are the employee and the employer. 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 cases established by federal laws, another entity entitled to conclude employment contracts may act as an employer. Both citizens of the Russian Federation and foreign citizens, as well as stateless persons (stateless persons) can act as employees. On the side of the employer, individuals or legal entities (organizations) participate in labor relations.

Subjective law is a measure of the possible behavior of a subject of law provided by law. Duty is a measure of proper behavior of the subject of law. Subjective rights and obligations constitute the content of the legal relationship.

The basis for the emergence of labor relations are the norms contained in the sources of labor law, and legal facts.

Legal facts are real life circumstances with which the norms of objective law associate the establishment, change or termination of subjective rights and obligations (legal relations).

The most common basis for the emergence of labor relations is an employment contract. But sometimes it is necessary to have some other facts, that is, a legal composition is necessary, the elements of which are an employment contract and other facts that serve as grounds for its conclusion. Such legal facts of the Labor Code of the Russian Federation include: -

election (elections) to office; -

election by competition to fill the relevant position; -

appointment to a position or confirmation in a position; -

Job placement by legally authorized bodies on account of the established quota (such quotas may be established for the employment of persons with disabilities, as well as underage orphans and children left without parental care); -

court decision on the conclusion of an employment contract.

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

Labor relations are "relations based on an agreement between an employee and an employer on the personal performance by an employee of a labor function (work in a certain specialty, qualification or position) for a fee, the employee's subordination to the internal labor regulations while the employer ensures the working conditions provided for by labor legislation, collective contract, agreements, labor contract" (Article 15 of the Labor Code of the Russian Federation). An employment relationship actually acts as an employment relationship, since it is regulated by the rule of law See: Kolobov S.V. Labor law of Russia. Textbook for universities. - M., 2008. P. 25 ..

Labor relations have some features that allow them to be distinguished from civil law relations related to the use of labor. Employment relations are inherent in a continuing nature, i.e. an employee, having concluded an employment contract (for an indefinite period or fixed-term), enters into legal relations to perform a specific labor function, and not a one-time task, which may be provided for by a civil law contract (contract, assignment). Having concluded an employment contract (and this is evidence of the emergence of labor relations), a citizen acquires the status of an employee and is included in the labor collective. The behavior of the subjects of labor relations is regulated by the internal labor regulations. In civil law relations related to the use of labor, a citizen performs a one-time task, in which the final result of labor is specified, at his own risk. At the same time, a citizen (contractor, performer) is not included in the labor collective and is not subject to internal labor regulations.

As can be seen from the definition, the subjects of an employment 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 an employment relationship is the mutual labor rights and obligations of its subjects, defined by labor legislation, a collective agreement, agreements, and an employment contract. The labor relationship includes a number of rights and related obligations of the parties: working time, rest time, remuneration, disciplinary liability, etc. The basic rights and obligations of an 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 volume and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

Article 16 of the Labor Code of the Russian Federation names 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 workers, a complex legal structure is established, which precedes the emergence of labor relations. In labor law, this complex legal composition is a set of legal facts that occur in a certain sequence: a competition and an employment contract, election to a position and an employment contract, etc. Complex legal structures include such procedures as election (elections) to a position (for example, the election of a university rector); competitive selection of the teaching staff; appointment or approval in a position (for example, appointment of judges or approval in a position by a higher management body of an employee entering a managerial position).

Employment relations can also arise on the basis of a job assignment by legally authorized bodies on account of an established quota, i.e. the minimum number of jobs for citizens who are in special need of social protection. For example, in accordance with the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of the Disabled in the 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 not less than 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 composition, 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 labor relations. This situation is possible in cases of illegal refusal to hire. The court may decide 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 a 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 actual admission to work with the knowledge or on behalf of the employer (his representative). When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three days from the day the employee was actually admitted to work.

Contractual grounds (legal facts) are also characteristic of 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 at the unilateral will of the party to the employment relationship is possible only in cases strictly established by law (Article 74 of the Labor Code of the Russian Federation).

The grounds for termination of labor relations are both the agreement of the parties (Article 78 of the Labor Code of the Russian Federation) and the unilateral 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 labor relations may be the will (act) of a body that is not a party to the labor relationship (clauses 1, 2, 4, 5, article 83 of the Labor Code of the Russian Federation).

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

The concept of an employment relationship

Employment relationship- this is a social relationship regulated by the norms of labor law that arises on the basis of an employment contract, according to which one subject (employee) undertakes to perform a labor function subject to the rules of internal labor regulations, and the other 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.

The content of the employment relationship- these are the mutual rights and obligations of its subjects, defined by the labor contract, labor legislation and the collective agreement (agreement). The employee is obliged to accurately fulfill his labor function stipulated by the contract, obeying the internal labor regulations of this production, and the employer is obliged to comply with labor legislation and all working conditions of the employee provided for by the labor and collective agreement and labor legislation.

The labor relationship includes a number of rights and related obligations of the parties: working hours, rest time, remuneration, guarantees and compensations, etc. The volume and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

Features of the employment relationship:

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

Characteristic features 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 unreasonable conclusion of civil law contracts with them (part 4 of article 11, article 19 1 of the Labor Code of the Russian Federation).

Even from the school bench, children superficially learn about the existence of different types of legal relations, how they arise, and also how they are regulated. However, in adulthood, much more knowledge is needed than the subject of "Social Studies" can give. Labor relations are an important part of human life, without which modern society cannot exist even a day.

How they arise and are regulated, what are the special types of legal relations, how labor disputes can be resolved and a lot of other useful information can be found in this article.

Terminology

Employment relations are the relationship between the employer and the employee, which is paid according to the work done. Relationships are built on a non-coercive basis, and are regulated in accordance with an agreement drawn up in accordance with the Labor Code. The origin of labor activity and the grounds for the emergence of labor relations are determined by official duties. The employer may be a natural or legal person, owns an enterprise, institution or a citizen authorized by him.

Peculiarities

According to the Labor Code, labor relations have a significant difference from civil ones. Among them are the following features:

They are bilateral and non-coercive.
They have a specific duration, are not limited to the execution of one task.
The object of labor relations is the labor process and its payment.
There are subjects of labor relations.
The employee performs personal tasks with the help of labor activity.
Work activity corresponds to the position held.
A clear delineation of the labor task occurs according to the internal regime.
The beginning of the employment relationship is the permission to start work.
Termination is considered to be the dismissal and receipt of a work book by a citizen.

Appearance conditions

Labor relations are regulated in accordance with the law and may appear in the event of:

Election of a candidate for a position corresponding to qualifications.
Elections on a competitive basis of a candidate for the relevant labor activity.
Postings.
Job assignments by the authorized body against the existing quota.
Court decisions on the signing of an employment contract.
Permission to start direct duties from the employer at the expense of a guarantee with an improperly drawn up contract.

According to Article 17 of the Labor Code of the Russian Federation, an employment relationship also arises as a result of elections if the candidate corresponds to the elected position. Thus, one of the following types is selected for the position of head as a legal entity:

Corporation (an enterprise that forms capital through the sale of shares and elects a leader through a meeting of shareholders).
A limited liability company (a commercial organization that was created by one or more persons, in which the capital is divided among the founders, and the choice of the head occurs as a result of a meeting of participants).
People's Enterprise (joint-stock company of workers, in which the leader is elected at the expense of the general meeting).
Production cooperative (association of citizens on a voluntary basis with the implementation of share contributions, which work according to the charter approved by the members, on the basis of which the leader is changed during the meeting).

Termination of employment relationship

Regardless of the grounds for the emergence of labor relations, there are also certain reasons for their termination, which are regulated by Articles 29 of the Labor Code of the Russian Federation. These include:

Dismissal by agreement of the parties or at the end of the employment contract.
End of the term of the agreement (upon agreement of the parties, it can be extended due to renegotiation).
The initiative to dismiss a worker, trade union or administration.
Transfer of a worker to another institution.
In case of partial or complete reorganization of the institution or the transfer of the enterprise to other hands (the reduction in the number of employees cannot exceed 10%).

Classes of labor relations

Designate classes of labor relations, depending on the type of social relationship that belong to the subject of labor law.

These include:

A legal relationship that has arisen with the help of employment in an institution.
Relationship between employee and employer.
Legal relations between the trade union and the employer together with the administration, the main function of which is the protection of labor.
Legal relations related to client negotiations and conclusion of contracts.
Labor law and labor relations resulting from the training of skilled workers and advanced training.
Legal relations that have arisen as a result of state supervision over the employer and his administration to protect the rights of workers.
Legal relations that regulate liability between the employee and the employer.
Legal relations regulating disputable labor situations and declaring a boycott at work.

In accordance with the type of labor relations and employees, there are features of labor activity in certain categories.

Distinctive features of the regulation of labor activity of persons employed in work with harmful and dangerous working conditions

The constitution says that work must be safe, but about 20% of professions can be harmful to health or have an increased injury rate.

There is an inequality of working conditions, therefore, in order to attract new personnel and the emergence of labor relations of this type, the legislation provides for a number of compensations:

Financial compensation in the form of salary increase.
Increased time for paid vacation.
Change in the length of the working day in a smaller direction.
The right to early retirement benefits.
Therapeutic and preventive meals are provided free of charge.
Provision of health resort treatment.

Distinctive features of labor regulation of foreign citizens and stateless persons

The Constitution of the Russian Federation states that foreign citizens have the same rights and the right to independently choose the type of activity, and in relation to them there can be no infringement in wages. The legislation provides for specific features in concluding an agreement with a foreign citizen. There are a number of difficulties when applying for a job:

The tenant must have a special permit.
The number of foreign citizens is regulated according to the quota.
Citizens of another country cannot hold positions of civil servants.
The term of the contract must not exceed the permitted time of the foreign citizen's stay on the territory of the Russian Federation.

Distinctive features in the field of work in relation to the disabled

Where is the possibility of disabled people to participate in labor relations registered? This is regulated by Article 64 of the Labor Code of the Russian Federation, which states that there can be no infringement on social status. In order for people with disabilities to exercise their right to work, there is a law on the social protection of people with disabilities, adopted in 1995. There is a quota in organizations for hiring disabled people, which states that there should be from 2 to 4 people with disabilities per 100 workers.

The employer cannot refuse to accept a job according to the quota, otherwise it is punishable by a fine. Disabled people also have advantages over other workers:

limitation of working hours to 35 hours per week at full time;
duration of paid vacation from 30 days;
the opportunity to use unpaid leave for up to 60 days;
the time of the work shift is regulated by medical indicators;
restriction in the performance of overtime and night work (a disabled person has the right to refuse to perform work on legal grounds).

Distinctive features of the regulation of the labor activity of workers under the age of 18

Minors have the right to work and labor relations under certain conditions:

A citizen who has reached the age of 14 may conclude an agreement with the consent of the parent and guardianship authority, if this does not interfere with education and does not cause harm to health.
A person under the age of 14 can work in the cinema, circus and theater, provided that the work does not harm health. When drawing up a contract, permission from the parents and the board of trustees is required.
If the work is harmful to health or at risk to life, persons under 18 years of age are not entitled to work in such work.
Minors cannot work on a rotational basis.
Persons under 18 are prohibited from working in religious institutions, security or police.
For workers under the age of 18, there is a time limit for working.

Distinctive features in religious institutions

Starting from 2001, work in religious institutions began to be taken into account in the total length of service. The right to work and labor relations in religious organizations is regulated by Art. 24 TK. Legislation allows the conclusion of contracts that take into account internal regulations, but this practice has not gained momentum in Russia, and many workers work outside the contract.

Workers in this field and clergy can legally use social security. It is possible to work in an organization of this type regardless of education, social status, but there is one limitation - persons under 18 years of age are not entitled to apply for any position in a religious institution.

Distinctive features of part-time labor relations

A citizen has the right to combine the main work activity and additional, while the employment agreement must indicate that the employee was hired part-time. Labor relations can occur with an unlimited number of employers. This is listed in the Labor Code of the Russian Federation. Part-time activities can be internal (in the same institution where the main type of activity takes place) and external (with another employer) and should not take more than 4 hours a day, and you can work a shift only if you have a day off at the main workplace.

For employment, a permit from the main place of work is not required (the exception is the head of the enterprise and people associated with sports activities, if additional work is carried out in the same area). Remuneration is made according to the amount of work performed or time spent.

Labor disputes

Part of labor relations are labor disputes, the occurrence of which may arise in connection with:

Withholding or non-payment of wages or layoffs that have no legal basis.
Wrongful denial of employment.
Non-compliance with the creation and regulation of labor.
Contract non-compliance.
Non-compliance with liability.
Non-compliance with social payments.

What to do if labor relations are violated? This event or situation of a similar nature is directly within the competence of the relevant authorities. To resolve the conflict, it is imperative to contact the instance, which is a higher authority. If the dispute cannot be resolved with the help of a specially authorized commission, since a conflict situation has occurred between the employee and the employer, it is necessary to go directly to the court.

Back to

An employment legal relationship is a social and labor relationship that arises on the basis and is regulated by norms, according to which one subject - the employee undertakes to perform a labor function with subordination, and the other subject - is obliged to provide work, ensure healthy and safe working conditions and pay the work of the employee in accordance with his qualifications, complexity of work, quantity and quality of work.

The content of an employment relationship is the mutual labor rights and obligations of its subjects, defined by an employment contract, labor legislation and an agreement. The employee is obliged to accurately fulfill his labor function stipulated by the contract, obeying the internal labor regulations of this production, and the employer is obliged to comply with labor legislation and all working conditions of the employee provided for by the labor and collective agreement and labor legislation.

The labor relationship includes a number of rights and interrelated obligations of the parties: according to, rest time, remuneration, disciplinary liability, etc., which 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 volume and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

The actual activity of the employee and the employer is the material content of labor relations, which is inextricably linked and subject to the volitional content of the participants in these legal relations.

Employment relationship - lasting, based on an employment contract, valid in time and has a personal character. The employee cannot replace himself by someone else in the performance of his labor function, and the employer, too, without justification, cannot replace the employee by someone else. The employer has the right to disciplinary power, therefore, for labor, he can punish the employee, bring him to disciplinary and.

Signs of an employment relationship

The employment relationship is characterized by certain features inherent in it.

The characteristic features of an employment relationship include the following:

1. The personal nature of the rights and obligations of an employee who is obliged only by his labor to participate in the production or other activities of the organization (employer). The employee does not have the right to represent another employee in his place or to entrust his work to another, just as the employer does not have the right to replace the employee with another, except in cases established by the Law (for example, during the employee's absence due to illness, etc.). There are no such restrictions in civil law, where the contractor has the right to involve other persons in the performance of work.

2. An employee is obliged to perform a certain, predetermined labor function (work in a certain specialty, qualification or position), but not a separate (separate) individually specific task by a certain date. The latter is typical for civil law obligations related to labor activity, the purpose of which is to obtain a specific result (product) of labor, to perform a specific assignment or service by a certain date.

3. The specifics of labor relations also lies in the fact that the performance of the labor function is carried out in the conditions of general (cooperative) labor, which necessitates the subordination of the subjects of the labor relationship to the internal labor regulations established by the organization (employer). The performance of the labor function and the related subordination to the internal labor schedule means the inclusion of citizens in the composition of the employees (labor collective) of the organization. All three features mentioned in this paragraph constitute the characteristic features of labor as an employee, in contrast to the subject of a civil law relationship. It is well known that a single and complex labor relationship combines both coordination and subordination elements, where freedom of labor is combined with subordination to the internal labor regulations. This is impossible in civil law terms, based on the fundamental principles enshrined in Art. 2 of the Civil Code of the Russian Federation.

4. The compensated nature of the employment relationship is manifested in the response of the organization (employer) to the performance of work - in payment, as a rule, in cash. The peculiarity of the labor relationship is that payment is made for the living labor expended, carried out by the employee systematically during the established working hours, and not for the specific result of materialized (past) labor, the performance of a specific assignment or service, as in civil law relations.

5. A characteristic feature of the labor relationship is also the right of each of the subjects to terminate this relationship without any sanctions in compliance with the established procedure. At the same time, the employer has the obligation to notify the employee of the employee's dismissal on his initiative in established cases and to pay severance pay in the manner prescribed by the labor law.

Subjects of labor relations

The subjects of an employment relationship are its parties: the employee and the employer, where the employee is “an individual who has entered into an employment relationship with the employer”, the employer is: “an individual or a legal entity (organization) that has entered into an employment relationship with the employee. In cases established by federal laws, another entity entitled to conclude employment contracts may act as an employer.

An individual may enter into labor relations provided that he/she achieves labor legal capacity.

To enter into an employment relationship, an employee must have labor legal capacity, i.e. the ability not only to acquire specific rights and obligations in an employment relationship, but also to exercise these rights and obligations by their personal actions and be liable for their unlawful exercise.

Back | |

Read:

Wage formation factors Ultrasonic parts cleaning and degreasing - RUSDORF Breeding worms and obtaining biohumus Thesis: Profitability of the banking business: assessment and management Using reporting for risk analysis and assessment

New

How to restore the menstrual cycle after childbirth: