When the labor of hired workers is not used. Theoretical foundations of the organization of incentives for employees in the process of entrepreneurial activity

This principle expresses the main essence of legal norms that are part of the institution of an employment contract. Due to its importance, as well as the possibility of the parties' obligations going beyond the limits of its institution, the legislator considers it not only as the principle of the institution of an employment contract, but also as a general industry principle.

This principle presupposes the provision of the basic powers of the employer's economic authority, which are included in the content of the employment contract - his right to demand from employees that they fulfill their labor duties and respect the employer's property. At the same time, this principle provides for the right of employees to require the employer to comply with his obligations in relation to employees, labor legislation and other acts containing labor law norms.

The list of the main obligations of the parties to the employment contract should be considered as elements of their status (for more details, see Articles 21, 22 of the Labor Code of the Russian Federation)

2. Ensuring the right of every employee to timely and full payment of fair wages.

This principle is enshrined in Art. 37 of the Constitution of the Russian Federation and demonstrates the basic principles of remuneration in the context of the transition to a market economy. The labor income of each employee is determined by his personal contribution, taking into account the final results of the organization's work, is regulated by taxes and is not limited to the maximum amount.

The minimum wage means that an employee who has worked in full the monthly norm of working time and fulfilled ϲʙᴏ and labor duties (labor standards) cannot receive wages below the minimum established by federal law. If ϶ᴛᴏm, the minimum wage does not include additional payments and allowances, as well as bonuses, other incentive payments (Article 133 of the Labor Code of the Russian Federation)

The latest labor legislation, characteristic of the period of transition to a market economy, focuses on the local regulation of workers' wages. This applies to both workers and managers, specialists and employees. Wage rates, salaries, and a tariff-free system may apply to workers 'wages if the employer and workers' representatives deem such a system most appropriate. The type, system of remuneration, the size of tariff rates, salaries, bonuses, and other incentive payments, as well as the ratio in their size between individual categories of personnel of an enterprise, institution, organization, are determined independently and fixed in collective agreements and other local regulations.

Remuneration for the work of managers, specialists and employees is made, as a rule, on the basis of official salaries, which are established by the employer in accordance with the position and qualifications of the employee. At the same time, a different type of remuneration can be established for them (as a percentage of revenue, in shares of profit, etc.) It should be assumed that the specification of official salaries and types of remuneration is carried out through an employment agreement (contract) between the employee and the employer.

The introduction of specific systems of remuneration and forms of material incentives, the approval of provisions on bonuses and payment of remuneration based on the results of work for the year is established in accordance with collective agreements and agreements.

Article 132 of the Labor Code of the Russian Federation prohibits any reduction in the wages of an employee depending on gender, age, race, nationality, attitude to religion, membership in public associations.

The principle under consideration will be multifunctional, since, firstly, it assumes the timely and full payment of wages, secondly, it provides for a fair wage, and thirdly, fixes the payment of wages in an amount not lower than that established by federal law.

At the same time, we would like the legislator to provide for a legal definition of the concept of "fair wages", which in practice causes a contradictory interpretation. We believe that wages can be considered fair if it: a) is based on legal regulations and an employment contract; b) adequate to the quantity and quality of labor expended; c) will not be the result of excessive exploitation by the employer (owner of the means of production)

3. The principle of obligatory compensation for harm caused to an employee in connection with the performance of his labor duties.

This principle is enshrined in Art. 2 of the Labor Code of the Russian Federation and expresses the essence of a large number of legal norms regulating the duties and responsibilities of the employer associated with damage to property, employee health, illegal transfers and dismissals, delays in the payment of wages, etc.

It is important to note that this principle presupposes not only compensation for property damage, but also moral damage (see Article 237 of the Labor Code of the Russian Federation), for example, in the case of the dismissal of an employee with a wording discrediting his honor and dignity.

The named principle is disclosed in the articles of Section XI of the Labor Code of the Russian Federation "Material liability of the parties to an employment contract" and especially in Art. 234-237. It should be borne in mind that compensation for harm caused to the health of an employee, as well as in the event of his death, is not regulated by labor legislation. This position does not seem entirely correct. At the same time, ϶ᴛᴏ does not mean at all that the employer thereby deserves responsibility. It should be assumed that in ϲᴏᴏᴛʙᴇᴛϲᴛʙii with Art. 423 of the Labor Code of the Russian Federation in this case, it is necessary to apply the norms of civil law (Art. 1084-1094 of the Civil Code of the Russian Federation)

4. The principle of ensuring the right of the employee to protect his dignity during the period of employment.

This principle was first enshrined in Russian labor legislation and is of a moral and legal nature with a clear time frame for its application - the period of labor activity. Material published on http: // site
Consequently, an attempt by the employer on the dignity of the employee, not related to his work activity, is outside the norms of labor legislation and its principles.

It must be remembered that such actions are traditionally the subject of administrative, civil or criminal law.

Do not forget that it is also important to note that the legislator does not give a legal definition of the dignity of the employee, believing that in each specific case, the abnormal relations that have arisen between the employer and the employee are eliminated by agreement of the parties to the employment contract. If the parties have not agreed on compensation for moral damage, the final word rests with the court. It is the court on the claim of the victim that decides the issue of violation of the employee's right to dignity, and it is he who decides the issue of the amount of compensation (see Art.237 of the Labor Code of the Russian Federation)

5. The principle of certainty of the labor function.

This principle is not legally enshrined in Art. 2 of the Labor Code of the Russian Federation, however, it will be so due to the fact that it expresses the essence of numerous norms of labor legislation governing the rational use of personnel, which means an unshakable rule - each employee must perform work according to the specialty, qualifications, position specified in the labor contract.

This principle is laid down in a number of articles of the Labor Code of the Russian Federation, which establish, in particular, that work in a certain specialty, qualification, position constitutes the main content of the labor agreement (contract) between the employee and the employer (Article 56 of the Labor Code of the Russian Federation), which the employer has no right to demand from an employee performing work not stipulated by an employment contract (Article 22 of the Labor Code of the Russian Federation) This principle is also characterized by the norms establishing the authority of employees to require the administration to provide work for the specialty, qualifications, position stipulated by the agreement (contract) and their responsibility for its high-quality performance.

The use of workers not according to their specialty and qualifications contradicts the rational organization of social labor, and would also be a gross violation of the constitutional right of citizens to work. The work that meets the vocation and abilities is traditionally the most highly productive; it most of all meets the interests of both the individual worker and society as a whole.

Since, with the improvement of production and the organization of labor, the requirements for the specialty and qualifications of workers are steadily increasing, the principle of the certainty of the labor function goes beyond the scope of the subject of labor law. It is worth noting that it now also expresses the legal essence of professional training of personnel in universities, secondary vocational educational institutions, as well as in the system of vocational schools. It should be borne in mind that the modern content of the principle of certainty of the labor function is also based on the norms governing the procedure for certification of workers and certification (rationalization) of workplaces. In this case, certification is a legal instrument for bringing the labor function of an employee into line with the modern requirements of the scientific organization of labor.

The principle of the certainty of the labor function should be considered in two interrelated aspects: firstly, as the certainty of the content (nature) of the assigned work and, secondly, as the certainty of the place of its application. Ignoring at least one of these aspects means a violation of the specified legal principle, which, in turn, means entrusting an employee with other work. That is why the current legislation (Article 72 of the Labor Code of the Russian Federation) and judicial practice associate the concept of transfer to another job with the change in these aspects.

6. The principle of sustainability of labor relations. Do not forget that the most important factor determining the success of production

and other activities of the organization, there will be a relative constancy of personnel. The more stable the team, the more experience and qualifications it possesses, the higher the productivity and quality of work. Therefore, an important area of ​​legal policy will be to promote the creation of stable collectives in organizations. In labor legislation, the direction of legal policy is embodied in the principle of stability of labor legal relations, which expresses the dual essence of the norms that determine the ways of combating unjustified staff turnover, on the one hand, and ensuring their stability, on the other.

Let us note the fact that, in the modern content, the principle of stability of labor legal relations, although not legally enshrined in Art. 2 of the Labor Code of the Russian Federation, but is based on a wide range of labor law norms. This should include the norms:

providing for unfavorable consequences for employees who quit work without sufficient grounds, as well as in connection with violations of labor discipline and other offenses;

strictly regulating grounds for dismissing employees on the initiative of the employer (administration of the enterprise, entrepreneur);

consolidating benefits and advantages for persons working for a long time in the same organization;

establishing the direct participation of trade union and other bodies in resolving issues of hiring and firing workers.

7. The principle of ensuring the employer's master's power and normal labor discipline.

This principle proceeds from the fact that joint work in an organization requires that the behavior of individual employees is consistent with the will of the employer, the behavior of the entire team and meets their common interests. Therefore, the social organization of labor presupposes strict observance by all employees of the internal labor schedule, the established labor discipline.

The employer's master's power means: determining by him the nature and direction of the organization's activities; establishing the number of jobs and their profile; empowering him to give instructions and instructions binding on employees related to the performance of their labor function; the legal possibility of movement, transfers and dismissals of employees within the framework (boundaries) established by the current legislation; application of incentive measures in relation to conscientious workers and punishment - to violators of labor discipline. The limits and boundaries of the employer's master's authority are regulated by the norms of labor legislation.

The consolidation of the principle of the employer's master's power and ensuring labor discipline in the norms of labor legislation (Articles 189-195 of the Labor Code of the Russian Federation) is determined by the need:

maintaining law and order in labor relations, since discipline is needed by the employer, the work collective and the individual employee to successfully achieve their production goals; fostering self-discipline among workers, the need for conscientious creative performance of labor duties, creating a normal moral and psychological microclimate in the work collective and in the employer's relationship with employees based on deep respect for a person of labor, on maintaining his honor and dignity, mobilizing the administration and representatives of workers to combat manifestations of mismanagement, bureaucracy, violations of the rules of the internal labor schedule.

The principle of ensuring the employer's economic power and normal labor discipline presupposes the empowerment of the employer (enterprise administration, entrepreneur) with a number of powers to maintain such discipline, which provide for the use of the method of persuasion and coercion. The method of persuasion includes measures to foster a sense of responsibility for the results of work, encouragement for a conscientious attitude to work. This method will be decisive, but it is not yet able to solve the problem of disciplined employee behavior. Therefore, it is supplemented by the method of coercion, which is also enshrined in the norms of labor law (Art. 192-195 of the Labor Code of the Russian Federation)

As a result of studying this chapter, the student must:

know

• the essence and main characteristics of the labor market;
• basic principles of the organization's functioning;

be able to

• predict and plan the need for personnel in accordance with the strategic plans of the organization and determine effective ways to determine it;
• analyze the state and development trends of the labor market from the point of view of meeting the organization's needs for personnel;

own

Methods of planning the number and professional composition of employees in accordance with the strategic plans of the organization.

Wage labor and its main characteristics

Any economic activity of a person or family, the result of which is income in monetary form, is considered as a profitable occupation (Fig. 3.1).

Rice. 3.1.

If we consider labor not as a category inherent in all atomic systems, but as a category of the market economy, then hired labor takes an integral place in the system of economic relations.

The status of an employee puts the employee under the guardianship and protection of the law and the organization itself (Table 3.1). It is the organization that hires and fires workers and ensures the growth of their careers. The status of an employee does not allow him to be used as a labor force beyond measure, he cannot be fired without sufficient grounds. An employee enters into a contract and is endowed with certain rights and responsibilities.

Table 3.1. Who is considered an employee

Consideration aspect	Salaried worker	Self busyness
Taxation	Pays taxes in accordance with the Tax and Labor Codes of the Russian Federation	According to the Tax Code of the Russian Federation for self-employment
Can work for more than one firm	Usually only in one firm	The number of companies for which a free worker can work is usually not limited
Tools, equipment and means of transport	Provided employer	Usually their
Daily control	Work, as a rule, is set within the established boundaries and norms.	Usually he organizes the work within his own framework.
Can refuse to work	Very serious consequences of refusing to do work	Can usually refuse to do work without much consequences

For his work, an employee receives a salary (salary) that depends on various tariffs, terms of payment (rationing) of labor, contracts, etc., the implementation (violation) of which may cause conflict relations with employers.

In the conditions of a centralized planned economy, the state hiring of labor power was undividedly dominated, which was of a total nature, all workers (with very few exceptions) depended on the state as the main employer.

Since 1992, for the first time, graduates of universities and other educational institutions found themselves in the free labor market.

In pre-reform times, the worker was not completely economically free to dispose of his workforce; there were many different measures of bureaucratic control and compulsion to work at all levels of the economic hierarchy. Labor was seen as an obligation, not a right. Hence the possibility arose of the not always justified expansion of the sphere of wage labor.

Voluntary unemployment was considered an administrative or even a criminal offense. In essence, there was no main condition for the existence of wage labor itself - the labor market, which implies unlimited movement of labor and its transfer from one sphere of the economy to another, not to mention that the price of labor should be mainly determined by the labor market. and not a centralized tariff system that is uniform for the whole country and a mass of extraneous off-market factors.

Hired labor can be viewed as a labor service that an employee provides to his employer and, indirectly, to society as a whole. Such a "service" brings money to the employee, it is also the basis for gaining a certain status and self-identification. For this reason, people cling to it with all their might, measuring their successes with it, associating all their expectations with it both in relation to themselves and in relation to their country; without thinking of their future without her.

Labor services are purchased on the labor market. They can be provided, but the workers themselves cannot be bought, but at the same time, buying on the labor market not a person's ability to work, but a person as such, the entrepreneur takes upon himself the obligation to treat a person as a person. This is manifested not only in providing a person with decent earnings and an appropriate standard of living, worthy of the level of his professional qualifications (which goes without saying), but also in the employer's expectation that more favorable conditions that he provides to the employee should be expressed in additional labor returns. employee. The acquisition process goes through several stages: first, contact is established between the buyer and seller of labor services; then there is an exchange of information on price and quality; further - upon reaching an agreement - a certain labor agreement on employment guarantees enters into force, which reflects the issues of remuneration, stability of the proposed job, the period for which it is designed, etc. In the market, labor is distributed among firms, industries, professions and regions in accordance with the agreements adopted, determined by the ratio of labor efforts - compensation, but the employee and employer act as equal partners (Fig. 3.2).

However, labor services are inseparable from the employees themselves, therefore the conditions under which the purchase of services takes place always significantly affects the transaction and the purchase price. Such conditions can be: the state of the market situation, existing ideas about "fairness", working conditions, restrictions on the demand side, etc. These conditions under which transactions are made can increase or decrease the amount of labor efforts, increase and decrease the profitability of transactions, and, accordingly, generate more or less profitable, equivalent or nonequivalent exchanges between labor and result. As a result, sectors of profitable and unprofitable employment of labor are formed, which have formal, resource and time constraints for the flow of labor.

At present, the relationship between the employee and the employer is not limited to a simple contract for the sale of labor for cash reward.

Wage labor is forced to decline because rapid technological progress is releasing more labor than is required. Until recently, economists and politicians had hoped that those laid off would find employment in the service sector. Meanwhile, the process of automation has also begun there. Many foreign economists and politicians are pinning their hopes on new jobs connected to computer information

Rice. 3.2. Partner relations in the "employee-employer" system

networks. However, they are clearly not enough to employ millions of workers and employees who are being ousted (replaced) by new technologies. The development of new technologies, primarily information technologies, leads not only to the direct elimination of jobs. Clearing the path of globalization, there is a re-sorting and redistribution of those that remain.

Today, traditional manufacturing organizations, which have guaranteed employment and good pay for their workers for a long period, are being replaced by amorphousness and vagueness of enterprises. Large enterprises increasingly transfer the performance of some of their functions to contractors, move production facilities to regions with cheap factors of production, resort to concluding temporary contracts with personnel, use workers for a

Rice. 3.3.

part of the working day, practice personnel leasing and other forms of hiring workers. In the case of wage labor, this means that well-paid, employment-generating jobs are no longer guaranteed for most workers. In the future, short-term work will play a more significant role, requiring flexibility, pragmatism and versatility from a person. The consequence of such changes in the labor market is a change in the education system, the compliance of which with the requirements of a rapidly changing world is the most important problem of our time.

Thus, in modern conditions, the process of formation of market-type hired labor is twofold. From the point of view of individual people, this is primarily a problem that is resolved by the appearance of new workers or the transition of some of the former employees to the category of paupers or marginalized people with the subsequent loss of their social, professional and material status. In both cases, the composition of society changes, the transformation of which into a new state has its own specific mechanism and is subject to general economic laws. Such a mechanism, in particular, is a developed labor market, through which an army of hired labor is gradually formed (Fig. 3.3).

For example, when developing a business plan, an entrepreneur studies the market for goods that he is going to produce, looks for sources of raw materials, determines the necessary working capital and production areas, and even determines the need for labor. But the labor market for workers in the corresponding professions remains outside his attention. No assessment is made of the content and nature of work and their compliance with the educational and professional level of employees. Then the entrepreneur is faced with an inexplicable phenomenon: imported equipment, raw materials too, and domestic products.

• See: Reflections on the future of labor // Problems of theory and practice of management. 2002. No. 2.P. 40.

Yu. V. Bezobrazova CHARACTERISTIC OF THE SITUATION OF EMPLOYEES

The article examines the key features of the position of employees, forms of alienation of labor, issues of labor motivation and labor incentives.

Key words: alienation of labor, the position of employees, incentives and motives of labor, opportunism.

At the present time, there is a crisis in the system of wage labor. It manifests itself in the aggravation of the alienation of labor, an increase in the demographic burden on workers, and the dissatisfaction of workers with their working life. The problems of motivating work and increasing its productivity are popular today, both among scientists and among managers of enterprises. There are a large number of publications devoted to the problems of incentives and remuneration. However, in theory, there is still no single approach to assessing the labor of workers, in practice, the motives of labor activity are rarely studied, and a deep analysis of the status of workers in enterprises is not carried out. The relevance of the research subject, the position of employees at enterprises, is determined by the existing problems in the systems of labor incentives and demotivation of personnel at Russian enterprises, which entails a decrease in the economic results of enterprises' activities. Y. Keremetskiy, on the basis of his research, notes that at most enterprises “the feudal-bureaucratic culture of relations prevails, when the hierarchy of bosses treats de facto disenfranchised workers as serfs, if not worse

The purpose of our study is to identify the key features that characterize the position of employees. The subject of the research is the system of labor relations at the enterprise, and the object is the position of employees. Understanding the situation of employees of enterprises will allow finding effective methods to stimulate the work of employees, develop adequate methods to increase labor motivation, and eliminate opportunistic behavior.

Hired workers in Russia, as an element of the macrostructure of society, represent a socially differentiated part of the population. In 2007, they accounted for 93.5% of the total employed population of the country. This category of the population includes persons who perform work under an employment contract (written or oral, implying an employment contract) that guarantees a basic remuneration. Individuals elected or approved for paid positions, including managers who manage the organization on behalf of the owner, are considered employees. Fixed assets, some or all of the tools, premises that the employee uses in the labor process, may belong to others. The activities of the employee may be carried out under the direct control of the owner or persons designated by the owner and employed by him.

The main characteristic of hired labor is that the product of labor containing the newly created value belongs to the employer. Part of the newly created value is returned to the employee as payment for the use of his labor power, or in the form of wages, the other part is appropriated by the owner. Thus, the employee and the employer enter into an economic relationship regarding the division of the newly created value. The divergence of the economic interests of the owner and the employee is the basis for the emergence of labor alienation, under which,

we, according to K. Marx, understand "the transformation of a person's activity and its results into an independent force dominating over himself and hostile to him, and the associated transformation of a person from an active subject into an object of the social process."

Alienation is a form of attitude towards work, characterized by moods of meaninglessness, helplessness, detachment.

The factors that determine the position of employees can be divided into two groups: objective and subjective:

1. Objective factors:

a) Macro factors - the general situation in the country, the level and nature of development of the country's economy as a whole. The conjuncture of the national economy, the economic policy of the state determine the conditions for the development of individual enterprises, the profitability or unprofitability of various industries and sectors of the economy. Today, the economy is experiencing crisis phenomena, a decline in industrial production, an orientation towards the extractive industry, the export of products with low added value and the import of highly processed industrial goods. In 2008-2009, unemployment increased significantly, wages of employees fell. Thus, macro factors at the moment have an adverse effect on the position of employees.

b) Micro-factors - the economic condition of a particular enterprise, corporate culture, the system of labor organization and management, the system of labor relations at the enterprise. The economic situation at an individual enterprise is highly dependent on macro factors. At the same time, an effective system for organizing production processes, labor, management systems and corporate culture can significantly improve the state of affairs at a particular enterprise, regardless of the external environment. On the other hand, incompetent management and suboptimal organization of economic activity, even in conditions of economic recovery, lead to dissatisfaction with work activities, and even the ruin of the enterprise.

2. Subjective factors - qualification, psychological characteristics of the employee, the system of his labor motives. The attitude of the employee to work, awareness of his position in the enterprise, the system of internal incentives to labor activity determine the employee's perception of the labor process. The emotional state of the employee and, ultimately, his propensity for opportunistic behavior depends on the extent to which the employee's expectations correspond to the actual possibilities of realizing his labor potential.

Within the framework of this study, we are especially interested in labor relations that develop in the labor process and subjective factors that characterize the position of employees, in particular, the system of labor motives and the corresponding system of incentives for the enterprise's labor. Let us note that by the system of labor motives we mean the totality of internal conscious motivators of a person to work as a means of satisfying needs; and under the system of incentives - a set of external motivators of a person to work, the benefits that the organization provides to staff for work.

The main material motive for labor is wages. According to the State Statistics Service, in 2007 the nominal average monthly salary in Russia was 13,593.4 rubles. At the same time, 58.8% of the population had a salary below the average, 12% of the population had a salary at the level of 10,600-13,800 rubles, 19.3% of the population had a salary of up to 25,000 rubles, and 9.1% of the population had a salary of over 25,000 rubles. The share of wages in GDP was 33%.

The discrepancy between the pay for labor and the labor contribution of the employee leads to his dissatisfaction. The results of the study of the difference between the systems of labor motives of workers and the systems of incentives for labor of organizations, carried out by the Chelyabinsk branch of the Institute of Economics of the Ural Branch of the Russian Academy of Sciences, clearly demonstrate the low degree of employee satisfaction with the wages they receive (Table 1).

Table 1

The degree of realization of the needs of personnel in the material incentive of labor

bot payment "(% of the number of respondents)

Enterprise Need to implement the labor motive "wages",% Percentage of employees satisfied with wages Degree of implementation,%

Yeast plant 100 10 10

Metallurgical plant 100 6 6

Mechanical plant 100 3 3

Textile plant 100 5 5

Postal service department of the region 100 15 15

AVERAGE 100 8 8

Thus, we see that, on average, only 8% of workers are satisfied with the wages they receive. This is due to the fact that the majority of enterprises are dominated by the tariff and salary system of remuneration, which does not provide for an assessment of the labor contribution of each of the employees.

All this confirms that the alienation of labor is manifested in the fact that the employee does not feel the relationship between his labor activity and the product of labor produced. This is expressed primarily in the fact that the wages of workers (except for pieceworkers) do not directly depend on their labor activity. In this regard, the employee loses motivation to work and a tendency to opportunistic behavior appears.

Since a person is not only a biological, but also a social being, in addition to material motives, social and moral motives of work play an important role, which, for example, include recognition and approval of work performed, guarantees against unemployment, and social benefits. Table 2 shows the average assessment of the implementation of the moral motives of workers' labor in a group of Russian enterprises (based on a study conducted by the Chelyabinsk branch of the Institute of Economics of the Ural Branch of the Russian Academy of Sciences).

table 2

The degree of implementation of the needs of personnel for intangible labor incentives (% to

number of respondents)

Motive Needed Have Degree of implementation,%

Praise and approval from 61 11 18

side of the head

Unemployment guarantees 79 0 0

Social benefits 70 3 5

Certificate of honor 20 2 10

As can be seen from the table, the social and moral motives of workers are implemented to an extremely low degree. This creates additional tension in the system of labor relations at the enterprise, aggravates the position of employees and increases the alienation of labor. This situation is a consequence of the fact that the owner does not seek to study the motives of the work of his employees, to coordinate his interests with the interests of hired personnel, and to show due attention to the situation of hired workers.

In addition to the factors listed above, the position of the employee at the enterprise is characterized by the functions he performs. In general, an employee can perform three functions:

Labor function;

Owner function;

Control function.

When an employee is a hired worker endowed with only a labor function and is deprived of the opportunity to realize the function of management and the function of the owner, his position is characterized by a high degree of alienation of labor. This is also aggravated by the lack of implementation of labor motives and the discrepancy between the systems of labor incentives and the system of labor motives of workers in enterprises. This position of the employee in the enterprise determines the desire to save labor, which is expressed in opportunistic behavior.

From our point of view, opportunism is a natural reaction of workers to the alienation of labor, which manifests itself in an unfair attitude towards labor activity. Unfair behavior can be expressed in shirking from work, inaccuracy, deliberately tolerated negligence, negligence towards equipment, etc., with the imaginary implementation of all rules and regulations, violation of established standards for the operation of equipment in order to increase personal earnings.

Summing up, we can conclude that the main characteristic of the position of hired workers is the deep alienation of labor. It is expressed in the dissatisfaction of workers with their working life: neither material, nor social, nor moral motives of workers' work are sufficiently realized, workers are in conditions in which they do not feel the relationship between the result of their work and wages. The logical consequence of this situation of employees is a low level of motivation, labor productivity, the desire to save labor and a tendency to opportunistic behavior.

On the other hand, this situation hides significant reserves for increasing labor productivity and realizing the labor potential of workers. The task of business in the conditions of the modern economic system is to maximize the development of competitive

cost-effective production with the use of efficient technologies, organize new various enterprises and create new jobs. But the main thing is that the business sets itself this task in order to remain competitive. First of all, it is necessary to bridge the gap between wages and the labor contribution of workers. The staff must feel the relationship between work and remuneration, this is a necessary condition for increasing interest in work. With expensive labor, it is profitable for business to introduce new productive technologies, since, despite the high costs of introducing new technologies, the cost will decrease. And with an underestimated cheap labor, the transition to new expensive technologies, as a rule, causes an increase in production costs and a decrease in profits. A necessary condition for overcoming the alienation of labor and opportunistic behavior of workers is the creation of a system of labor incentives adequate to the system of labor motives of workers, which is impossible without studying the motives of labor of personnel. An increase in the degree of realization of the material and social motives of workers' labor increases interest in labor and, as a result, labor productivity and economic indicators of the enterprise's activity increase.

Bibliography

1. Belkin, V. N. Economic theory of labor / V. N. Belkin, N. A. Belkina; RAS; UrO; Institute of Economics. M.: JSC "Publishing House" Economics ", 2007. 352 p.

2. Keremetskiy, Ya. Leaders should replace the bosses // Nezavisimaya gazeta. 2004.12 nov.

3. Marx, K. Works / K. Marx, F. Engels. M.: Publishing house of political literature, 1974.Vol. 42.

4. Nikolaeva, D. Russian salary added to GDP // Kommersant. 2010. No. 75 (4375).

6. Fayustov, Yu. On the status of an employee, on the status of wages // New Literature. 2005. URL: http://old.newlit.ru/~fayustov/001551.htm.

7. Shakirov, N. Sh. The problem of labor alienation // Bulletin of TISBI. 2004. No. 3.

V. N. Belkin

NEW PARADIGM OF CIVILIZATION DEVELOPMENT

The article deals with the actual problems of the civilizational development of mankind. A new civilizational paradigm is proposed. The phenomenon of the acceleration of the development of civilization is explained.

Key words: civilization, civilizational paradigm, globalization, consumer society.

In the history of mankind, there are three main periods: savagery, barbarism, civilization. The formation of classes, states, and writing is considered a sign of the formation of the latter. Under the conditions of civilization, a state policy appears that regulates interclass relations, a class policy that protects the fundamental interests of classes, political parties, a dominant religion is established, on which the state relies, laws are issued, a system of legal relations develops, etc.

Federal Agency for Education

State educational institution of higher
vocational education

Ural State Economic University

Department of National Economy

Wage labor

Coursework on Labor Law

Artist: Marina Anatolyevna

Taktaeva

Student

Distance Education Center

gr. EPB-09ART

(signature)

Scientific adviser Slyusarenko T.V.

_______________________________

(signature)

Preliminary estimate________

Protection date __________________

Grade_______________________

Yekaterinburg, 2010

Introduction …………………………………………………………………………… ... 3

1. Theoretical foundations of the study of hired labor …………………… ..6

1.1. The concept of hired labor ……………………………………………… .6

1.2. Wage labor as a subject of legal regulation ………………… 8

2. Peculiarities of regulation of hired labor …………………………… ..15

2.1. Requirements for attracting hired labor ……………………… .... 15

2.2. Characteristics of hired labor ……………………………………… ..16

2.3. Principles for creating a system of incentives for employees.19

3. Features of the use of hired labor on the example of Artinsky Zavod OJSC ……………………………………………………………………… ... 28

3.1. General characteristics of the enterprise …………………………………… 28

3.2. Attraction and use of hired labor at the enterprise .... ... 30

Conclusion ………………………………………………………………………… .33

Bibliographic list …………………………………………………… .36

Annex 1

Appendix 2

Introduction

The study of hired labor is relevant in the context of expanding market relations and is one of the most important general economic problems. This is explained by the fact that it is the social and labor sphere that acts as the most sensitive element of the life of society, because the tension of relations underlying it can cause a social explosion, the consequences of which are mostly predictable in negative terms.

In the context of economic transformations, the issues of hired labor have acquired a priority character, due to a number of difficulties that negatively affect the social and labor sphere. This is a systemic crisis, accompanied by an increase in social tension in society, a drop in the standard of living of a significant part of the country's population; and the arbitrariness of employers in the commercial sector as a result of imperfect legal framework and indifference of the executive branch; and numerous violations in the public sector of the economy, dictated by the time and irresponsibility of a number of modern leaders.
The priority of the problems of social and labor relations is also explained by the increased dynamics of negative tendencies in the sphere of hired labor, such as: the expansion of the shadow economy zone, whose workers are generally deprived of the opportunity to protect their labor rights; exacerbation of contradictions between the labor force and the management of enterprises, expressed in significant differentiation in wages and a conscious desire to enrich individual managers; in the deterioration of the situation of enterprises with the aim of their further bankruptcy and the acquisition of property rights with minimal costs; and also, the tightening of labor legislation, indicating an increase in the differentiation of the rights of various participants in the system of labor relations.
The reform, carried out in modern conditions, requires a rethinking of many well-established ideas about wage labor and its essence, which recently do not correspond to the economic realities of society. Hired labor in market conditions acts as a multifaceted phenomenon, the economic essence of which develops in close relationship with the diversity of property and management and many other factors that have a significant impact on its dynamics. However, many views and judgments either do not take into account these features of wage-type labor relations at all, or they look so unconvincing that it became necessary to seriously re-evaluate them, to synthesize new ideas that determine the place of the social and labor sphere in the modern economy. There was a need for a new concept of hired labor, reflecting its essence, capable of showing the diversity of its modern forms of manifestation in economic practice, and allowing the use of those of them that would ensure optimal productivity of labor activity, the protection of workers in the field of social and labor relations and the prospects for the functioning of hired labor. labor of all categories of labor resources, regardless of their competitiveness in a market economy.

The aim of the course work is to study hired labor as a subject of legal regulation, as well as the forms of manifestation of hired labor, the peculiarities of its use at various levels in the context of economic transformations.

The subject of research is a set of production

relations about the functioning of hired labor in its various forms of manifestation.

In the course of achieving this goal, the following tasks:

1) to investigate the development of relations of hired labor in modern conditions;

2) highlight the features of the regulation of hired labor;

3) determine the features of the use of hired labor.

The object of the research is the open joint-stock company "Artinsky Zavod", which carries out its activities in the context of economic transformations.

The course work is based on the works of domestic authors such as E.A. Sukhanova, O.S. Belokrylova, E.V. Mikhalkina, N.A. Brilliantova and others, materials of the seminar “Practice of contractual relations with company employees. Features of the attraction, registration and use of hired labor. " The information base of the study was the collective agreement and local regulations of the enterprise, the civil code and labor legislation of the Russian Federation. As factual material, examples of hired labor at the Artinsky Zavod OJSC are given.

1.Theoretical foundations of the study of hired labor

1.1 Concept of wage labor

Wage labor - the historical form of labor, which is characterized by the following features:

1) a precondition for the completion of the labor process is the sale and purchase of the “labor force” product in the labor market;

2) the labor process is carried out under the supervision of the employer or the personnel hired by him;

3) the product of labor belongs to the employer, contains newly created value, consisting of the value of the necessary product, which replaces the cost of labor and surplus value.

Obtaining surplus value is the goal of the employer who buys labor and organizes the production process.

Historically, wage labor replaced the natural labor characteristic of primitive, slave-owning and feudal societies. Natural labor, with all its differences in the given method of production, was characterized by the fact that the worker was not the owner of his labor power, there were no conditions for its purchase and sale. The emergence and spread of the system of wage labor is a qualitatively new stage in the development of society, forming a historical epoch that continues to the present day.

Conditions for the appearance of hired labor:

1) market relations;

2) the appearance on the market of a specific product "labor force".

A developed system of hired labor presupposes a formed system of rights and obligations for hired workers, including the ownership of their labor force; the right to compete with other sellers of labor in determining wages, labor quality requirements, etc .; creation of trade unions to defend their interests; the right to choose the buyer of his labor, to choose the place of sale of labor (freedom of movement); the right to choose the benefits of life and ways to satisfy the needs of life, etc. All forms of freedom in which the hired worker is placed are associated with his personal responsibility for himself, for the decision made to choose an employer, compliance with the terms of employment, maintaining his workforce in a normal state etc. In contrast to all forms of natural (pre-hired) labor, where a significant part of the responsibility for the worker's condition, his existence, labor was assigned to the owner (slave owner, landowner), a developed system of hired labor forms the worker as a person who is fully responsible for himself , your choice, decision making.

Concept as " work », « wage labor»Is important for the study of labor problems at the present stage of development of market relations, their correct solution. Labor is the basis of the life of human society. There is practically no such economic problem in any sphere of human activity that would not be associated with his interests and work.

Labor issues in the current conditions have become so acute that their unresolved issues are increasingly causing social conflicts that need to be resolved as soon as possible. Therefore, a deeper understanding of the economic essence of hired labor makes it possible to use it in the process of practical transformation of labor, improvement of labor activity and labor relations.

Work - This is an objectively inherent human activity aimed at meeting the needs of society and carried out as a result of the transformation of disposable by a person.

1.2. Hired labor as a subject of legal regulation

Under the influence of the norms of labor law, social relations that develop in the process of applying and organizing labor are clothed in a legal form and become legal relations. At the same time, it is important to note that social relations in the labor sphere do not always function in a legal form, that is, in the form of legal relations, although it is predominant. In some cases, these relations are governed by customs, norms of corporate organizations, moral norms. However, public relations on the use of hired labor always require a legal form of regulation.

Labor law in Russia in an environment of market relations must comply with the idea of ​​a social state enshrined in the Constitution of the Russian Federation (Article 7), the policy of which is aimed at creating conditions that ensure a decent life and the free development of, first of all, hired labor.

In market conditions, the price of labor is determined by the agreement of the parties, since free labor as a commodity becomes a source of income, profit both for an employee who sells his ability to work and for an employer who uses the acquired labor to obtain surplus value.

The interaction of the two main participants in the labor market - the employee and the employer, who entered into a contractual relationship regarding the use of the employee's ability to perform certain work for a fee - is characterized by the stability of the relationship between them. Being regulated by the norms of law, these relations become legal relations, a legal model of behavior of the parties to an employment contract. The objects of such relations, on which the interests of the parties to an employment contract are focused, are labor as the ability and obligation of an employee to perform the labor function and wages necessary for the employer, i.e. the ability and obligation of the employer to pay the employee's labor in a timely manner and in full, to pay his wages.
Wage labor organized by the employer with the participation of the employee, as opposed to individual or individual-group labor, i.e. labor "for oneself", gains social and public significance, becomes social labor, due to which the social significance of such labor increases sharply and it becomes an object not only of joint regulation by an agreement of the parties - a private law agreement between an employer and an employee, but also of state legal regulation.

The state, participating in the regulation of the use and use of hired labor in the interests of society, as well as the employee and employer, adopts legal norms that establish the legal boundaries of the legal freedom of participants in labor relations, within which they independently determine working conditions, their rights and obligations by concluding an employment contract , being guided by the current legislation, which in the mechanism of labor regulation assigns a central place to the labor contract.

But even after the entry of the employer and the employee into contractual relations, after the determination of the basic conditions of use and remuneration of labor, the state does not withdraw from control over the forms and measure of its application, since social labor, unlike individual labor, affects not only the interests of the employee and the employer, but also of the whole society. Therefore, the state cannot completely leave the regulation of labor relations at the mercy of the contracting parties.
The state cannot withdraw from labor regulation and control over the conclusion and execution of an employment contract, and because its parties - the employer and the employee - are in an unequal position, do not have either actual or legal equality.

The unequal position of the parties to the employment contract is already seen in the fact that the Labor Code of the Russian Federation endows the employer with disciplinary power in relation to the employee, grants him the right to present mandatory requirements to him, to apply incentives and penalties to the employee (Articles 191, 192 of the Labor Code of the Russian Federation ) without asking for his consent. In order to limit the employer's ability to abuse his leadership position in labor relations, in rationing and remuneration of the employee, in providing him with benefits, creating the necessary conditions for work, as well as to guarantee the rights of employees, the state establishes rules for concluding, executing, changing and terminating an employment contract. principles of legal regulation of labor relations, an indicative list of which is given in Article 2 of the Labor Code of the Russian Federation.

This list is headed by the principle of freedom of labor, which includes the right to work, which everyone freely chooses or to which freely agrees, and the prohibition of forced labor, labor without appropriate fair pay. The principle of freedom of labor is fundamental to the entire mechanism of legal regulation of the use of labor. After all, only free and remunerated labor, which implies fair payment for its use, can be an object of legal and contractual regulation.
Among the significant number of diversified contracts regulating the paid use of free labor, a large proportion are civil law contracts for the performance of work or the provision of services (contracts for work, storage, transportation, commissions, for the performance of research work, etc.), which are concluded and executed in the manner regulated by the norms of civil law. The parties to them are persons interested in obtaining such work or service (customers), and persons providing such work or service (performers, contractors).
The second large group of contracts for the remunerated use and use of hired labor are agreements (contracts) concluded with persons entering the state (federal or regional) service (civil, military or law enforcement) or municipal service to perform work in a certain position. The service relations arising on this basis are governed by the norms not of labor, but of constitutional (state), administrative, municipal and other branches of law. Being in an organic unity and having a common subject of regulation, these legal norms of different industry affiliations in their totality form an intersectoral complex institution, which in recent legal literature is often called service law.
The third group of contracts for the free and remunerated use of employees' labor is labor contracts. They are concluded directly by employees and employers on the basis and in the manner prescribed by the labor law.

In economics, an employee and an employer interact on two levels:

1) in the labor market, where the wage rate is determined and a collective agreement is concluded;

2) within the enterprise, where payment systems are established, fixing for specific jobs, groups, jobs, professions, positions and types of activity, specific relationships between the payment of workers and the results of their work.

Within the enterprise, the relationship between employees and employers is built on the basis of labor standards, which establish the working day, the intensity of labor.

The employer provides the employee with the scope of work and provides him with a safe working environment. The employee, in turn, must effectively and efficiently perform the amount of work provided to him within the existing standards.

Thus, the stimulation of employees at an enterprise is closely related to the scientific organization of labor, which includes labor rationing, which is a clear definition of the scope of the employee's job responsibilities and the qualitative and quantitative results of labor that are required of him.

Speaking about incentives for employees, one must also take into account such a concept as labor motivation. Motivation is defined by two concepts: need and reward.

Needs are primary and secondary.

The primary ones include the physiological needs of a person: food, water, clothing, housing, rest, etc. Secondary needs are psychological in nature: needs for affection, respect, success.

When stimulating work as providing the employee with remuneration for work that he uses to meet his needs, it is necessary to take into account that different people approach this issue in different ways, defining different values ​​for themselves. So, for a person of high material wealth, extra time for rest can be more significant than the additional earnings that he would receive for overtime work. For many people, for example, knowledge workers, respect from colleagues and interesting work will be more important than the additional money they could get from doing a trade or becoming a commercial agent.

The forms and methods of using hired labor and attracting labor force on the basis of an employment contract do not remain unchanged, given once and for all. They are significantly influenced by the ongoing changes in the socio-economic sphere of society, which are especially noticeable in the modern period, characterized by the transition of the country's economy to market regulation, to a market economy, the meaning and purpose of which is to maximize profit, which, in turn, pushes users of hired labor, especially in the field of entrepreneurial activity, on the search for new ways of obtaining a highly productive and highly qualified labor force in the labor market for the lowest wages, using it with the greatest return, with minimal costs for its maintenance.

At the same time, the state proceeds from the fact that the degree of protection of the rights and interests of hired workers as the main carriers of labor, the efficiency of social labor will be the higher, the better the process of using the labor force is organized, the labor process. And in this the dominant role belongs to employers as a party to the labor contract, which not only hires workers and uses their labor in its production in accordance with the terms of the labor contract, but also performs an important social function - creates jobs, provides people with work, and ultimately contributes improving the well-being of employees and the material well-being of the whole society.

Therefore, the labor contract merges both the labor of an employee who has assumed the obligation to perform certain work for remuneration in the interests of the employer, and the labor of the employer who performs important and necessary work to create conditions for the employee's work, to organize the labor process itself. Taking this into account, the labor contract is intended to fulfill not only the role of regulator of relations between employees and employers, but also to contribute to the achievement of the goal proclaimed by the Constitution of the Russian Federation - to ensure a dignified life and free human development. And this presupposes that not only an employee must have real guarantees of the exercise of his rights and freedoms, but also an employer. Fulfilling the obligation to ensure the required level of labor rights and guarantees of employees, the employer must be able to satisfy his own interests in making a profit from entrepreneurial, organizational, administrative and other activities.

Consequently, the subject of legal regulation within the framework of an employment contract is not only the labor of an employee, but also the labor of an employer, who is no less important and socially significant figure than an employee.

The combination of labor and other related interests of the employee and the employer within the framework of an employment contract creates favorable conditions for social partnership in the labor sphere, a legal basis for the implementation of the goals of labor legislation to establish state guarantees of the rights, freedoms and interests of employees and employers (Article 1 of the TKRF).

2.Features of regulation of hired labor
2.1. Requirements for attracting hired labor

The current legislation clearly defines the requirements that must be met by employers in the case of hiring employees. As follows from labor legislation, an employment contract must be concluded with each employee. It must be in writing.

However, the employment contract will be considered concluded even if the employee has started work with the knowledge or on behalf of the employer or his representative. In this case, the employer is obliged to draw up an employment contract within three days from the date of the actual admission of the employee to perform his duties (part 2 of article 67 of the Labor Code of the Russian Federation). For failure to comply with this obligation, an authorized representative of the employer may be held administratively liable.

Due to the fact that there are two parties to an employment contract: the employee and the employer, the contract is drawn up in two copies, one of which must be handed over to the employee, and the other must be kept by the employer.

When concluding an employment contract, the employer has the right to demand the following documents from the employee:

Passport or other identity document;

Labor book, except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time basis;

Insurance certificate of state pension insurance, except for cases when an employment contract is concluded for the first time;

Military registration document - for persons liable for military service and persons subject to conscription;

A document certifying education, qualifications, or having special knowledge or special training.

Documents not included in this list, including those provided for by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation, are prohibited to be required.

When concluding an employment contract, it should be borne in mind that some restrictions are established by law. The main ones are restrictions related to:

The age of the employee;

The need to comply with the form of the contract;

The need to undergo a medical examination;

Establishing a test for an employee;

Reasons for refusing to conclude a contract.

All employers are obliged to fulfill their obligations towards employees in accordance with the law.

2.2 Characteristics of wage labor

As a kind of antipode to independent work, one can call dependent or hired labor. The division into these two categories is based on the employee's attitude to the means of production used in the labor process, or to the instruments of labor (mechanisms, tools, etc.). The belonging of such means to the worker, as we have found out, gives rise to the effect of direct or direct connection of man's labor power with his own means of production. The union of the worker's labor power with the means of production, of which he is not the owner, is carried out not directly, but indirectly: the owner of the corresponding labor power and the owner of the means of production must first agree on the conditions for using labor on the basis of these means, i.e. enter into a contract.

The first element of the social organization of hired labor is the nature of hired labor, since the nature of hired labor to a certain extent reflects the qualitative state of the productive forces of society. So, if the division of labor is not required for the production of a particular type of product, it bears the character of an individual, regardless of the production relations existing in a specific historical period. If, in order to increase and reduce the cost of production, it becomes necessary to divide wage labor, then each working operation is distinguished as an independent type of activity, organically and inseparably connected with all the others, i.e. labor takes on the character of a joint.

The division of hired labor is necessary only where its introduction is necessary for the growth of labor productivity, for an increase in the rate of its production. In the history of mankind, there are many examples when the production of the forced division of labor and the socialization of the means of production backfired and the rate of production fell sharply.

The division of labor, which occurs naturally, receives its consolidation in production, constituting its internal structure only if it leads to an increase in the productivity of labor in its quality. This is an indispensable condition of any division, labor acquires the property of a defining criterion when it is deeply divided, since the second side of deeply divided (joint) labor is the coordination of joint labor, which causes the objective need to create management bodies for the production process, and the costs of keeping management personnel are an integral part of the cost of production ...

Therefore, a deeper division of labor should bear very beneficial results. It is necessary that, as a result of its implementation, the costs of maintaining the management apparatus do not exceed the cost of the final product produced on the basis of undivided labor.

The next element in the characteristics of wage labor is the forms of attraction to work. Hired social and labor relations are based on the freedom to conclude a labor contract between the employer and the hired employee. The freedom to conclude a contract follows from the legal equality of the employer and the employee, which is extremely unambiguously and exhaustively expressed and enshrined in the norms of Art. Art. 17, 18, 19, 34, 35, 36, 37 and others of the Constitution of the Russian Federation, including the norm of an imperative nature: labor is free, forced labor is prohibited.

Freedom of labor - in addition to the ideological aspect that is relevant for our country - a person consuming, may not work at all, means that no one has limited the possibility of choosing the form of labor by each person - in free form or for hire. It is the possibility of independent choice that makes the conclusion of an employment contract really free, since the legal equality of the parties is only their formal equality in relation to each other, in no way affecting their real economic position in social production, which is based on the objectively determined inequality of the owner of the means of production and the bearer work force. And if an employee has some alternative to work for someone or work for himself with his own means of production, while receiving state support (loans, benefits, etc.), or not work at all, which is enshrined in the Constitution, this will be real freedom of choice, and not just formal equality in the relationship between the employee and the employer.

The next element of the characteristics of the social organization of labor is the way of maintaining labor discipline and managing the labor process. In any form of implementation of labor, if labor is carried out jointly, it needs coordination. Otherwise, it is not possible to achieve the actual goal of the production itself: the creation of a specific type of product or product. That is, the main reason for the establishment of a particular order of management is the objective need for its coordination.

This condition has a different effect on the will of the participants in joint labor. After all, the owner of the means of production, who has invested his capital in the means of production, technology, labor and organizing production, expects to receive a profit from the sale of manufactured products or goods. And the workers do not need it at all. After all, they transfer their opportunity to work to the employer, and they do not bear economic responsibility for the result of work.

2.3. Principles of creating a system of incentives for employees

The current stage of economic reforms in Russia is characterized by the fact that enterprises operate in an environment of growing demands from various social groups. In this regard, the creation of an effective incentive system for employees is of particular relevance.

Let's consider some directions for solving this problem.

When creating an incentive system, one should proceed from the principles developed in management theory and applied in a market economy:

Complexity;

Consistency;

Regulation;

Specialization;

Stability;

Purposeful creativity.

Let's dwell on the essence of these principles.

The first principle is complexity. Complexity implies that a comprehensive approach is needed, taking into account all possible factors: organizational, legal, technical, material, social, moral and sociological.

Organizational factors are the establishment of a certain order of work, the delineation of powers, the formulation of goals and objectives. As already mentioned, the correct organization of the production process lays the foundation for further efficient and high-quality work.

Legal factors closely interact with organizational factors, which serve the purpose of ensuring the compliance of the rights and obligations of the employee in the labor process, taking into account the functions assigned to him. This is necessary for the correct organization of production and further fair incentives.

Technical factors imply the provision of personnel with modern means of production and office equipment. As well as organizational, these aspects are fundamental to the work of the enterprise.

Material factors determine specific forms of material incentives: wages, bonuses, allowances, etc. and their size.

Social factors imply an increase in the interest of employees by providing them with various social benefits, providing social assistance, and employee participation in team management.

Moral factors represent a set of activities, the purpose of which is to ensure a positive moral and ethical climate in the team, the correct selection and placement of personnel, various forms of moral encouragement.

Physiological factors include a set of measures aimed at maintaining the health and improving the performance of employees. These activities are carried out in accordance with sanitary and hygienic, ergonomic and aesthetic requirements, which contain standards for equipping workplaces and establishing rational work and rest regimes. Physiological factors play no less important role in improving the efficiency and quality of work performed than others.

All of these factors should not be applied individually, but in aggregate, which gives a guarantee of obtaining good results. It is then that a significant increase in efficiency and quality of work will become a reality.

The principle of complexity already in its name determines the implementation of these activities not in relation to one or several employees, but in relation to the entire team of the enterprise. This approach will have a significantly greater impact on the enterprise level.

The second principle is consistency. If the principle of complexity presupposes the creation of an incentive system taking into account all its factors, then the principle of consistency presupposes the identification and elimination of contradictions between the factors, their linkage with each other. This makes it possible to create an incentive system that is internally balanced due to the mutual agreement of its elements and is able to work effectively for the good of the organization.

An example of consistency can be a system of material and moral incentives for employees, based on the results of quality control and assessment of the employee's contribution, that is, there is a logical relationship between the quality and efficiency of work and subsequent remuneration.

The third principle is regulation. Regulation involves the establishment of a certain order in the form of instructions, rules, standards and control over their implementation. In this regard, it is important to distinguish between those areas of activity of employees that require strict adherence to instructions and control over their implementation, from those areas in which the employee should be free in his actions and can take initiative. When creating an incentive system, the objects of regulation should be the specific responsibilities of an employee, the specific results of his activities, labor costs, that is, each employee should have a complete understanding of what is his responsibility and what results are expected from him. In addition, regulation is needed in the issue of evaluating the final work, that is, the criteria by which the final work of the employee will be assessed must be clearly established. Such regulation, however, should not exclude creativity, which, in turn, should also be taken into account in the subsequent remuneration of the employee.

The regulation of the content of the work performed by the employees of the enterprise should solve the following tasks:

1) determination of works and operations to be assigned to employees;

2) providing employees with the information they need to perform the tasks assigned to them;

3) the distribution of work and operations between divisions of the enterprise according to the principle of rationality;

4) the establishment of specific job responsibilities for each employee in accordance with his qualifications and level of education.

Regulation of the content of labor serves to increase the efficiency of the work performed.

From the point of view of stimulating the work performed, regulation of the results of the work performed plays a very important role. It includes:

1) determination of a number of indicators characterizing the activities of the divisions of the enterprise and each employee separately, which would take into account the contribution of divisions and individual employees to the overall result of the enterprise;

2) determination of a quantitative assessment for each of the indicators;

3) creation of a general system for assessing the employee's contribution to the achievement of overall performance results, taking into account the efficiency and quality of the work performed.

Thus, we can say that regulation in matters of incentives plays a very important role in ordering the incentive system at the enterprise.

The fourth principle is specialization. Specialization is the assignment of certain functions and work to the divisions of the enterprise and individual employees in accordance with the principle of rationalization. Specialization is an incentive to increase labor productivity, increase efficiency and improve the quality of work.

The fifth principle is stability. Stability presupposes the presence of an established team, the absence of staff turnover, the presence of certain tasks and functions facing the team and the order of their implementation. Any changes occurring in the work of the enterprise must take place without disrupting the normal performance of the functions of one or another division of the enterprise or employee. Only then there will be no decrease in the efficiency and quality of the work performed.

The sixth principle is purposeful creativity. Here it must be said that the incentive system at the enterprise should facilitate the manifestation of a creative approach by employees. This can include the creation of new, more advanced products, production technologies and designs of applied equipment or types of materials, and the search for new, more effective solutions in the field of production and management.

Based on the results of the creative activity of the enterprise as a whole, the structural unit and each individual employee, measures of material and moral incentives are provided. An employee who knows that the proposal put forward by him will bring him additional material and moral benefits, there is a desire to think creatively. It is especially necessary to take seriously the stimulation of the creative process in research and development teams.

When organizing an incentive system at an enterprise, it is necessary to take into account the proportions in pay between simple and complex labor, between employees of various qualifications.

When creating an incentive system at an enterprise, it is necessary to adhere to the principle of system flexibility. Flexible incentive systems allow an entrepreneur, on the one hand, to provide the employee with certain guarantees of receiving wages in accordance with his experience and professional knowledge, and on the other hand, to make the employee's remuneration dependent on his personal performance and on the results of the enterprise as a whole. ...

Today, flexible incentive systems have become widespread in foreign countries with developed economies. Moreover, the flexibility in remuneration is manifested not only in the form of additional individual additional payments to wages. The range of flexible payments is wide enough. These are individual bonuses for seniority, experience, educational level, etc., and collective bonus systems designed primarily for workers, and profit-sharing systems designed for specialists and managers, and flexible systems of social benefits. Only the use of all forms of incentives designed to apply to all employees of the organization can give the desired effect.

Experience shows that at Russian enterprises at present the main problems in the incentive mechanism for employees are:

1) insufficient flexibility of the mechanism for the formation of remuneration, its inability to respond to changes in the efficiency and quality of work of an individual employee;

2) the absence of any assessment at all or the entrepreneur's biased assessment of the individual labor indicators of employees;

3) lack of fair remuneration for managers, specialists and employees; the presence of unreasonable ratios in the payment of their labor;

4) negative attitude of staff to the size of their remuneration and to the existing payment system.

All these problems that enterprises face when dealing with issues of wages can be overcome with the use of Russian and foreign experience.

So, the lack of flexibility in remuneration is solved by the introduction of modern forms of remuneration, depending on the results of labor activity. These forms are flexible payment systems, where, along with a constant part of earnings, there is a variable part in the form of profit sharing, collective bonuses, etc.

The issues of biased assessment of the performance of employees are again associated with the outdated mechanism of remuneration, which does not take into account the individual achievements of the employee and the result of the enterprise as a whole. A fair assessment system can be created on the basis of the job description and job responsibilities of the employee to determine a constant part of the wage. And based on profit sharing versus the flexible part of earnings.

Fair pay for managers, specialists and employees should also be based on the same principles, but with the use of indicators specific to these categories of employees, taking into account the complexity of the tasks being solved, the level of responsibility, the number of subordinates, etc.

It is with the use of flexible systems of remuneration, with the use of a reasonable assessment of the workplace and job responsibilities and the subsequent participation of employees in profits and collective bonuses for reducing the share of labor costs in the cost of production that the negative attitude of the organization's personnel to the existing system of remuneration of their labor can be overcome and the amount of this payment.

The result of the action of the incentive system at the enterprise should be an increase in the efficiency of the enterprise, which can be achieved, in turn, by increasing the efficiency and quality of work of each employee of the enterprise. At the same time, an entrepreneur needs to be guided by the need to attract and retain highly qualified workers for a long time, increase labor productivity and improve the quality of products, increase the return on investment in personnel, increase the interest of employees not only in personal success, but also in the success of the entire enterprise as a whole, and, finally, raising the social status of workers.

Therefore, both material and non-material forms of staff incentives are used, which include wages, various systems of participation in profits, collective bonus systems, individualization of wages, moral incentives, incentives for workers engaged in creative work through the use of a free work schedule, social benefits for employees.

An employer, when deciding whether to create a system of incentives for employees at an enterprise, must also take into account such a macro indicator, which does not depend on the efficiency and quality of labor of employees and the collective of the enterprise as a whole, such as the consumer price index. Accordingly, the presence of such an indicator makes it necessary to automatically index wages, taking into account changes in the price index for a certain period.

The incentive system at the enterprise must clearly define its goals, establish the types of incentives in accordance with the results achieved, determine the assessment system, the period and timing of remuneration payments.

Any type of incentive should be targeted and transparent, because employees can only be expected to improve the efficiency and quality of their work when they know that their work is being paid fairly.

The incentive system must comply with the principle: pay must correspond to work.

Speaking about the incentive system for employees, it is necessary to highlight the main requirements for it. These include:

1) clarity and concreteness of the incentive system as a whole, provisions on wages and additional payments;

2) a clear statement of the employee's job responsibilities;

3) creation of a system of objective assessment of employees and exclusion of subjectivity in the assessment;

4) the dependence of the amount of wages on the complexity and responsibility of the work;

5) the possibility of unlimited growth of wages with an increase in the individual results of the employee;

6) accounting in remuneration of the level of significance of certain works for the enterprise;

7) equal pay for employees with the same complexity and responsibility of the work performed in different divisions of the enterprise (refers to the base pay without taking into account additional payments based on the results).

Thus, when creating an incentive system, it is necessary to take into account the whole range of issues, including state regulation of the amount of wages.

3. Features of the use of hired labor as an example

Artinsky Zavod OJSC

3.1. General characteristics of the enterprise

The Artinsky plant is the oldest enterprise in the Urals, it was founded in 1787 as an iron-making plant using imported raw materials.

The plant is located in the urban-type settlement. Arti, in the south-west of the Sverdlovsk region, 180 km from Yekaterinburg and 60 km from Krasnoufimsk station.

Organizational and legal form - open joint stock company, the founders of which are legal entities and individuals. Open Joint Stock Company Artinsky Zavod is an independent company with its own legal address and independent balance sheet.

The purpose of creating an enterprise is to carry out financial and economic activities with the aim of making a profit.

In 1827, the plant produced the first braids for agricultural work, hardened according to the technology of the great metallurgist P.P. Anosov, the creator of Russian damask steel. Since that time, braids have become the main product of the plant.

In the modern period, the main activities of Artinsky Zavod OJSC are:

1) Production and sale of consumer goods (mowing sets in an assortment depending on the purpose and size; agricultural sickles; gardening sets "Summer resident"; ladders; chains.); industrial and technical products and components; building materials, services to the population.

2) Carrying out and implementation of research and development work;

3) Capital construction, repair and maintenance of: industrial and technical facilities; residential buildings; social facilities; transmission devices.

4) Organization and implementation of logging operations, sawmilling, production of containers and wood products.

5) Participation in exhibitions, fairs, various kinds of auctions, including investment ones.

The sales markets for the products of OJSC Artinsky Zavod are subdivided by regions - federal districts of the Russian Federation. Also buyers are enterprises from neighboring countries (Lithuania, Latvia, Ukraine, Belarus, Azerbaijan) and far abroad (Hungary, Bulgaria, Slovakia, Turkey, Iran) abroad. Export deliveries account for a significant share in the total sales of products.

The main buyers of the company's products are large wholesale firms specializing in the sale of haberdashery goods, gardening equipment, as well as enterprises of the clothing and footwear industries.

The consumers of the services are mainly local organizations and the population.

At present, the braids of the Artinsky plant are exported to Germany, Slovakia, Turkey, Iran, Hungary, Bulgaria, Latvia, Estonia and the CIS countries.

For 57 years of production, the plant has mastered about 500 standard sizes of needles for the garment, knitwear, footwear and leather goods industries. The company expands the range of gardening tools, haberdashery products.

The general management of the enterprise is carried out by the general director. He coordinates the work of directors in the areas of activity: technical, financial, director of human resources, director of marketing, director of quality, director of security. Functional divisions and services are subordinate to each of the directors.

The main priority areas for JSC "Artinsky Zavod" are increasing sales and raising the quality of basic goods and services. In all areas of production, growth is planned in 2010 by increasing the range of manufactured products, improving their quality, as well as by increasing the provision of services and creating a modern system for organizing orders. The priority area for 2010, as in previous years, remains the improvement of the quality of manufactured (traditional) products, the annual development (introduction) of at least ten new products.

3.1. Attraction and use of hired labor in the enterprise

OJSC Artinsky Zavod employs hired labor of Russian citizens, the average number of employees in March 2010 is 845 people. For each employee, in accordance with the legislation, an employment contract is drawn up, as well as an employee's personal card.

Under labor relations, the parties take the relationship between people, conditioned by the social, legal and functional aspects of labor activity. Among them are relationships:

Between the employee and the employer (regulated by the Labor Code of the Russian Federation and the labor contract)

Between the administration and the trade union (regulated by the federal law "On Trade Unions", the Labor Code of the Russian Federation and the collective agreement)

Between the boss and the subordinate (regulated by job descriptions)

Between labor collectives (regulated by internal local regulations, internal labor regulations (Appendix 1).

Labor relations at an enterprise arise when an employee enters a job as a result of:

Election to the position by decision of the meeting of shareholders - General Director, in accordance with the constituent documents

Appointment to a position or confirmation in a new position of persons with appropriate qualifications or education

Reception of job seekers for vocational training (retraining) according to the apprenticeship agreement

Engaging an employee to perform a specific job in accordance with the Civil Code of the Russian Federation on the terms of a work contract

Upon admission to work, labor relations are formalized by concluding an employment contract in writing in two copies - one for each party (Appendix 2). An employment contract can be concluded both for an indefinite period and for a specific period (fixed-term contract). A fixed-term contract is concluded in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work ahead or the conditions for its performance.

The employer and employees undertake to comply with the terms of the concluded employment contract. In this regard, the Employer is not entitled to demand from the Employees to perform work that is not stipulated by the employment contract. Transfer to another job without the consent of the Employee is allowed only in cases provided for in Art. 74 of the Labor Code of the Russian Federation.

A test may be included in the terms of an employment contract in order to verify the Employee's compliance with the assigned work. The test condition must be specified in the employment contract, the absence of the test condition in the employment contract means that the Employee was accepted without a test. The trial period cannot exceed three months (for managers, chief accountants and their deputies - no more than six months).

Hiring tests are not established for persons specified in Article 70 of the Labor Code of the Russian Federation.

If the test result is unsatisfactory, the Employer has the right to terminate the employment contract with the Employee before the expiry of the test period, notifying him of this in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this Employee as having failed the test.

Each newly hired Employee is assigned an adaptation period for a period of not more than two months, during which he will not be punished for neglect in work, except for cases of deliberate violation of labor and production discipline.

When hiring, the Employer is obliged to familiarize the Employee with the internal labor regulations in force in the organization, other local regulations related to the employee's labor function, and the collective agreement.

Conclusion

As a result of the study, the following conclusions were made.

Hired labor is an integral element of the market economy, due to the excessive scope of this topic, it is impossible to consider in detail all aspects of this problem in one work. However, based on the foregoing, one can imagine hired labor in the Russian Federation as a dynamic system based on the relationship between labor supply and demand, the relationship between employment and unemployment, factors in the formation and functioning of the labor force, its competitiveness and mobility.

The labor market that has emerged in Russia has a complex structure. There is a deepening of its segmentation according to a number of criteria: forms of ownership, labor intensity of production, peculiarities of production technology, qualifications of employees, the level of division and socialization of labor, historically established forms of organization and stimulation of labor, traditions in the motivational behavior of workers. To better understand the structure of the market, to identify its stable segmentation and, accordingly, to develop differentiated methods of its regulation, a comprehensive analysis of the action of the factors causing segmentation will allow.

To begin to effectively solve problems in the wage labor market, it is first necessary to reform all spheres of the economic, political and social life of society.

To regulate hired labor at an enterprise, it is necessary to effectively manage the labor process and maintain labor discipline.

Incentives for employees are provided by increasing profits by increasing efficiency and quality of work. "Labor efficiency" and "labor quality" are key factors in increasing the profit of an enterprise in the long run.

The incentives for employees are influenced by the social policy pursued by the entrepreneur.

Social benefits are a form of employee participation in the economic success of an enterprise.

It is advisable to proceed from the following principles of building a system of social benefits for employees:

1) it is necessary to identify the material and non-material needs of employees;

2) it is necessary to inform employees in full about the social benefits provided to them, as well as about their additional nature, in addition to state benefits;

3) the provided social benefits must be economically justified and applied only taking into account the budget of the enterprise;

4) social benefits that have already been provided to employees by the state should not be applied at the enterprise;

5) the system of social benefits should be understandable to employees and each employee should know for what, for what merits he is or is not entitled to this or that benefit.

To enhance the stimulating role of wages, it is advisable to observe the following principles:

1) the dependence of wages on the efficiency, productivity and quality of work performed in order to ensure the interest of employees in the results of their work;

2) the introduction of flexible payment systems based on taking into account the final results of the organization's work and the individual contribution of the employee, including profit sharing;

3) the elimination of equalization in the payment of employees;

4) when creating a system of remuneration for employees, provide for the strengthening of its unifying role, excluding confrontation between employees.

Labor relations at JSC Artinsky Zavod are regulated by the Labor Code of the Russian Federation, the Collective Agreement, and internal local regulations. When an employee enters a job, labor relations are formalized by concluding an employment contract in writing in two copies. At the same time, the employer complies with labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement, agreements and labor contracts; ensures safety and working conditions that comply with state regulatory requirements for labor protection; fulfills other duties provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and labor contracts

Bibliographic list

Regulations

1. Decree of the Government of the Russian Federation of June 30, 2004 N 324 "On approval of the Regulations on the Federal Service for Labor and Employment." Collected Legislation of the Russian Federation, 2004, No. 28, Art. 2901).

2. Labor Code of the Russian Federation. M., 2006.

3. Decree of the Government of the Russian Federation of June 30, 2004 No. 324 "On approval of the Regulations on the Federal Service for Labor and Employment" (Collected Legislation of the Russian Federation, 2004, No. 28, art. 2901).

Main literature

4. Civil law: in 2 volumes: textbook / ed. E. A. Sukhanova. M .: Publishing house "BEK", 2000. T. 1. - 816 p.

5. Belokrylova O. S, Mikhalkina E. V. Labor Economics: Lecture notes. - Rostov-on-Don: Phoenix, 2002 .-- 154p.

6. Vorozheikin IE History of labor and entrepreneurship. Tutorial. - M .: GAU, 1995 .-- 56p.

7. Rofe A, I., Zhukov AL Theoretical foundations of economics of sociology of labor: Textbook. - M .: MIK, 2005 .-- 254p.

8. Rofe A. I., Zbyshko B. G., Ishin V. V. Labor market, employment of the population, economics of resources for labor. - M., 2000 .-- 111p.

9. Labor law: textbook. / ON THE. Brilliantova; ed. O.V. Smirnova, I.O. Snegireva. - 4th ed., Rev. And add. - M .: Prospect, 2009 .-- 624s

Additional sources

10. Legal portal "LavvMix" (www. Lavvmix.ru).

11. Website www. bbest.ru.

12. Website www.

ANNEX 1

internal labor regulations for employees of JSC "Artinsky Zavod"

1. GENERAL PROVISIONS

1.1. Internal Labor Regulations of an Open Joint Stock Company
Artinsky Zavod is a local normative act regulating, in accordance with Labor
the Code of the Russian Federation and other federal laws, the procedure for admission and dismissal
employees, basic rights, duties and responsibilities of employees and the employer, regime
work, rest time, incentives and penalties applied to employees, as well as other
issues of regulation of labor relations in the organization.

These Rules, as well as all changes and additions to them, are approved by the general director of the organization, taking into account the opinion of the representative body of the employees of the organization.

Compliance with these Rules is mandatory for all employees of the organization.

An employee of the organization gets acquainted with these Rules before signing an employment contract.

2. PROCEDURE FOR RECEPTION AND DISMISSAL OF EMPLOYEES

2.1. When hiring an employee, an employment contract is concluded.

2.2 When concluding an employment contract, the employer is obliged to demand from the applicant:

Passport or other identity document;

Labor book, except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time basis;

Insurance certificate of state pension insurance;

Military registration documents - for persons liable for military service and persons subject to conscription;

Certificate of education, qualifications or special knowledge - when applying for a job requiring special knowledge or special training;

Medical insurance policy of compulsory insurance of citizens;

Conclusion on the passage of a medical examination;

persons under the age of 18 are hired only after a preliminary compulsory medical examination (examination).

The recruitment of specialists can be carried out on a competitive basis. The regulation on the competition is approved by the administration of the enterprise and the trade union committee.

When concluding an employment contract for the first time, the work book and the insurance certificate of the state pension insurance are drawn up by the employer.

When concluding an employment contract with an employee, by agreement of the parties, a condition may be provided for testing the employee in order to verify his compliance with the assigned work. The absence of a test condition in the employment contract means that the employee was hired without a test. The period of probation for employment is established from 3 to 6 months, depending on the position. The period of probation does not include periods of temporary disability of the employee and other periods when he was actually absent from work. At

an unsatisfactory test result, the employer has the right to terminate the employment contract with the employee prior to the expiration of the test period by warning him about this in writing

form no later than 3 days in advance, indicating the reasons that served as the basis for such a decision. The employee has the right to appeal against the employer's decision in court. If the test result is unsatisfactory, the termination of the employment contract is carried out without taking into account the opinion of the relevant trade union body and without payment of severance pay. If the trial period has expired, and the employee continues to work, then he is considered to have withstood the trial period and the subsequent termination of the contract is allowed only on a general basis. If, during the trial period, the employee decides that the proposed job is not suitable for him, then he has the right to terminate the employment contract of his own free will by notifying the employer about this in writing 3 days in advance.

2.3. An employment contract is concluded in writing for an indefinite or definite
term. The document is drawn up in two copies, each of which is signed by the parties.
One copy of the employment contract is handed over to the employee, the other is kept by the employer.

The receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.

2.4. Employment is formalized by an order, which is announced to the employee against signature in
three days from the date of the actual start of work.

An employment contract that is not executed in writing is considered concluded if the employee | started work with the knowledge or on behalf of the general director of the organization. In this case, the written execution of the employment contract must be made no later than three working days from the date of the actual admission of the employee to work.

2.5. Amendments to the terms of the employment contract determined by the parties are made by agreement between the employee and the employer, with the exception of cases provided for by the Labor Code of the Russian Federation. An agreement to amend certain parties: the terms of an employment contract are concluded in writing.

2.6. When an employee is hired or transferred to another job in accordance with the established procedure, the receiving head of the structural unit acquaints the employee with the internal labor regulations in force at the enterprise, other local regulations related to the employee's labor function, and the collective agreement.

2.7. Transfer to another permanent job in the same organization at the initiative of the employer, that is, changing the job function or changing the essential conditions of the employment contract, transferring to a permanent job in another organization, or in another locality together with the organization is allowed only with the written consent of the employee. An employee in need of

in accordance with the medical opinion in the provision of another job, the employer is obliged, with his consent, to transfer to another existing job that is not contraindicated for him for health reasons. If the employee refuses to transfer, or if there is no corresponding work in the organization, the employment contract is terminated. It is not a transfer to another permanent job and is not

requires the consent of the employee to move him in the same organization to another workplace, in

Another structural unit of this organization in the same locality, assigning work to another mechanism or unit, if this does not entail a change in the labor function and

changes in the essential terms of the employment contract.

2.8. For reasons related to changes in the organizational or technological working conditions, it is allowed to change the essential conditions of the employment contract determined by the parties on the initiative of the employer if the employee continues to work without changing the labor function.

The employee must be notified by the employer about the introduction of these changes in writing no later than 2 months before their introduction. If the employee does not agree to continue working in the new conditions, the employer is obliged to offer him in writing another job available in the organization, corresponding to his qualifications and state of health, and in the absence of such work, a vacant lower position or lower-paid work that the employee can perform with taking into account his qualifications and state of health. In the absence of the specified work, as well as in the event of the employee's refusal from the offered work, the employment contract is terminated.

If circumstances may lead to mass layoffs of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected trade union body of the organization, to introduce a part-time regime for up to 6 months. If the employee refuses to continue working under the conditions of the relevant working hours, then the employment contract is terminated with the provision of appropriate guarantees and compensations to the employee. The abolition of part-time work is carried out by the employer, taking into account the opinion of the representative body of the employees of the organization.

2.9. In case of operational necessity, the employer has the right to transfer the employee for up to one month to work not stipulated by the employment contract in the same organization with wages for the work performed, but not lower than the average earnings for the previous work. Such translation is allowed to prevent a catastrophe, industrial accident or natural disaster; to prevent accidents, downtime (temporary suspension of work for reasons of an economic, technical or organizational nature), destruction or damage to property, as well as to replace an absent employee. At the same time, the employee cannot be transferred to work that is contraindicated for him for health reasons. The duration of the transfer to another job to replace the absent employee may not exceed one month c. during the calendar year (from January 1 to December 31). With written consent, an employee can be transferred to a job requiring lower qualifications.

2.10. When hiring, transferring to another job in other cases established by labor legislation, as well as in case of need, the labor protection specialist of the organization acquaints all employees with the labor protection requirements.

Each employee conducts a safety briefing at the workplace; the receiving head of the structural unit with the entry of the results into the Journal of instruction on safety at the workplace of the organization's employees.

When performing his job duties, the employee must comply with the appropriate
safety instructions.

2.11. The employer is obliged to suspend from work (not allow to work) the employee:

Who appeared at work in a state of alcoholic, drug or other toxic intoxication;

Failure to undergo training and testing of knowledge and skills in the field of labor protection in the prescribed manner;

Has not passed in the prescribed manner a mandatory preliminary or periodic Medical examination;

If, in accordance with the medical report, a contraindication is identified for the employee to perform work stipulated by the employment contract;

The employer suspends from work (does not allow to work) the employee for the entire period of time until the elimination of the circumstances that were the basis for the suspension from work or non-admission to work;

In other cases provided for by article 76 of the Labor Code of the Russian Federation.

2.12 Termination of an employment contract can take place only on the grounds provided for by labor legislation.

2.13 The employment contract can be terminated at any time by agreement of the parties to the employment contract.

2.14 The employee has the right to terminate the employment contract by notifying the employer in writing not later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. Upon expiration of the term of the notice of dismissal, the employee has the right to stop working.

2.15 Fixed-term employment contracts with employees are terminated in compliance with the rules established by Article 79 of the Labor Code of the Russian Federation.

2.16 Termination of an employment contract on the initiative of the employer is made on the grounds provided for in Article 81 of the Labor Code of the Russian Federation. Dismissal of an employee at the initiative of the employer (except for the case of liquidation of the organization) during the period of his temporary incapacity for work and during the period of his vacation is not allowed.

2.17 Termination of an employment contract is formalized by an order signed by the general director of the organization or a person authorized by him. The employee gets acquainted with this order against signature.

2.18 The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, he retained his place of work (position).

2.19 On the day of termination of the employment contract, the specialist of the personnel department of the organization issues the employee a work book, as well as, upon written application of the employee, duly certified copies of documents related to the work. On the settlement day, the department of the organization makes the final settlement with the employee. Entries in the work book about the basis and reason for terminating the employment contract are made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to the corresponding article, part of the article, paragraph of the article of these documents.

3. BASIC RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF EMPLOYEES

3.1. The employee has the right to:

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

Providing him with work, stipulated by the employment contract;

A workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement;

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

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

Other rights of employees are established by article 21 of the Labor Code of the Russian Federation, and may also be provided for by a collective agreement, local regulations of the organization and an employment contract.

3.2. The employee is obliged:

Conscientiously fulfill his labor duties assigned to him by the labor contract and job description;

Comply with these Rules, other local regulations of the organization;

Observe labor discipline;

Comply with the established labor standards;

Take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;

Immediately inform the employer or direct supervisor about situations that pose a threat to the life and health of people, the safety of the employer's property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property).

Protect the employer's property, efficiently use equipment, tools, materials, save heat, electricity, fuel and other energy resources;

take measures to immediately eliminate the causes and conditions that impede or impede the normal production of work (downtime, breakdowns, accidents), if it is impossible to eliminate these reasons on their own, immediately report to the administration of the site, workshop, plant;

The range of duties that each employee must perform according to their qualifications, specialties, positions is determined by the employment contract, tariff and qualification reference books, technical rules, job descriptions and regulations, approved in the prescribed manner.

4. BASIC RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER

4.1. The employer has the right:

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

Conduct collective bargaining and bargaining;

Encourage employees for conscientious and effective work;

Require employees to fulfill their labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees to comply with these rules;

Bring employees to disciplinary and material liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Adopt local regulations;

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

4.2. 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;

Provide employees with work stipulated by an employment contract;

Ensure safety and working conditions that meet 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 fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations and labor contracts;

To pay in full the salaries due to employees within the terms established by the Labor Code of the Russian Federation, the collective agreement, the organization's internal labor regulations, labor contracts;

Ensure the labor needs of employees related to the performance of their labor duties;

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

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

To fulfill other obligations stipulated by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms, collective agreements, agreements and labor contracts.

S. DEDIKOV
S. Dedikov, lawyer.
000333. The State Tax Inspectorate, on the basis of the explanation of the State Tax Service of the Russian Federation, indicates to all entrepreneurs of the city and region that they are not entitled to hire hired workers under labor contracts, but must conclude only contracts of a civil nature, while requiring employees to register them with as individual entrepreneurs. The tax inspectorate believes that only an enterprise and a citizen can be parties to an employment contract. How, in this case, is Art. 2, item 3 of Art. 23 and paragraph 3 of Art. 25 of the Civil Code of the Russian Federation?
How, then, is it correct to pay taxes?
N. Afanasyev, Dmitrovgrad, Ulyanovsk region
Mr. Afanasyev touched upon one of the most pressing issues of modern Russian labor legislation. Indeed, in accordance with article 15 of the Labor Code of the Russian Federation (as amended by the Law of the Russian Federation of September 25, 1992 N 3543-1), an employment agreement (contract) is an agreement between a worker and an enterprise, institution, organization under which the worker undertakes to fulfill work in a certain specialty, qualification or position with subordination to the internal labor regulations, and the employer undertakes to pay the worker a wage and ensure the working conditions stipulated by labor legislation, the collective agreement and the agreement of the parties.
In clause 4 of Section VII of the Methodological Guide for recording the income and expenses of individuals engaged in entrepreneurial activity (Appendix to the letter of the State Tax Service of Russia dated February 20, 1996 N HB-6-08 / 112), it is indicated that in the element "Labor costs "includes the costs of payment of remuneration to citizens under contracts of a civil - legal nature. Thus, the tax authorities consider only legal entities besides the worker as a legitimate party to an employment contract and in fact deprive individual entrepreneurs of the right to conclude such contracts.
However, a systematic and historical analysis of Russian legislation indicates that there are no sufficient legal grounds for such a position. First of all, it should be noted that the current labor legislation was created mainly under socialism, when it was forbidden to use someone else's labor in order to extract personal profit. It should also be recalled that in accordance with paragraph 3 of Art. 2 of the Law of the RSFSR "On Enterprises and Entrepreneurial Activity" dated December 25, 1990, which became invalid on January 1, 1995, except for Art. Art. 34 and 35, in cases of hired labor, entrepreneurial activity could only be carried out in the form of an enterprise.
The current Constitution of the Russian Federation no longer contains restrictions on the use of hired labor by citizens. In the Civil Code of the Russian Federation, the norms of which comprehensively regulate the activities of individual entrepreneurs, there is also no prohibition on the use by them of the labor of hired workers or the requirement for mandatory registration of a legal entity in this case. Moreover, paragraph 3 of Art. 23 of the Civil Code of the Russian Federation extends to the entrepreneurial activities of citizens carried out without the formation of a legal entity, the rules that regulate the activities of legal entities that are commercial organizations, unless otherwise follows from the law, other legal acts or the essence of the legal relationship. And the third paragraph of paragraph 3 of Art. 25 of the Civil Code of the Russian Federation, which regulates issues related to the insolvency (bankruptcy) of an individual entrepreneur, directly speaks of settlements for the payment of severance pay and wages with persons working under an employment contract.
The recently adopted Federal Law "On Amendments and Additions to the Regulations on the Pension Fund of the Russian Federation (Russia), the Procedure for Payment of Insurance Contributions by Employers and Citizens to the Pension Fund of the Russian Federation (Russia)" and the Law of the Russian Federation "On State Pensions in the Russian Federation "of May 5, 1997 N 77-FZ, article 2 also refers to individual entrepreneurs hiring under an employment contract.
From a legal point of view, the tax authorities actually equate the concepts of "enterprise, institution, organization" and "legal entity" as parties to an employment contract. Art. 48 of the Civil Code of the Russian Federation defines a legal entity as an organization that owns, economic management or operational management of separate property and is responsible for its obligations with this property, can, on its own behalf, acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and a defendant in court. At the same time, Article 132 of the Civil Code of the Russian Federation considers an enterprise not as a subject of law, but as an object of law, that is, as a property complex used to carry out entrepreneurial activities. In this sense, an individual entrepreneur can also own or lease such a complex. The concept of "organization" is generally so broad that, in addition to legal entities, it also includes branches, representative offices, divisions and other separate divisions that do not have the status of legal entities (see, for example, paragraph 40 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 No. 16 (as amended on October 25, 1996) "On some issues of the application of legislation by the courts of the Russian Federation in resolving labor disputes").
The position of the tax authorities practically limits the rights of individual entrepreneurs, which is a violation of paragraph 3 of Art. 55 of the Constitution of the Russian Federation, which reads: "The rights and freedoms of man and citizen can be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and state security ". It is quite obvious that the wording of Article 15 of the Labor Code of the Russian Federation on the parties to an employment contract cannot be regarded as a limitation. Limitation of rights must be stated in a targeted, clear and unambiguous manner. In addition, to restrict the right of individual entrepreneurs to conclude labor contracts with employees, there are no socially significant goals, an exhaustive list of which is contained in the above article of the basic law of the state.
And, finally, one more aspect of the problem. The position of the tax authorities leads to a gross violation of the rights of a significant number of citizens working for individual entrepreneurs. The fact is that according to paragraph 3 of Art. 37 of the Constitution of Russia, everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law. These conditions can be guaranteed only when concluding an employment contract with the employee, because civil relations are regulated in a completely different way and are not related to social guarantees for the worker and restrictions for the employer.
I would also like to emphasize that the content of the treaty, as a general rule, depends not on its name, but on the essence of the relations regulated by it. If an employee who works for an individual entrepreneur on the basis of a civil law contract (work contract, order, paid services, etc.) is actually a permanent staff member, obeys the rules of the internal labor schedule, performs a certain labor function on a permanent basis, obeys according to the instructions of an individual entrepreneur, does not bear property responsibility for the final results of his work, as, for example, with a work contract, then he has every reason to seek through the court the recognition of the contract concluded with the entrepreneur as labor and protection of his labor rights.
In general, the obvious fact that labor legislation lags behind the realities of society should not be interpreted in favor of infringing on the rights of citizens, entrepreneurs and workers. When there are problems in the law, this does not mean at all that relations not regulated by the law are prohibited. On the contrary, in Russia, based on the above-mentioned Art. 55 of the Constitution of the Russian Federation, the general principle is that everything that is not prohibited is allowed. If there is a gap in the legal regulation of certain relations, the law or law should be applied by analogy.
Of course, the easiest and best way out of this situation is to make appropriate changes to the Labor Code of the Russian Federation. But even now it is quite possible that entrepreneurs and citizens who work for them for hire can appeal to courts, up to the Constitutional Court of the Russian Federation, in order to protect their rights. And the Constitutional Court has every reason to recognize Art. 15 of the Labor Code of the Russian Federation in terms of determining the party to the employment contract - the employer and, therefore, the practice of the tax authorities in this matter does not comply with the Constitution of the Russian Federation.
As for the procedure for taxation and social contributions, when an employment contract is concluded with an employee, taxes and contributions to state non-budgetary funds (the Pension Fund of Russia, the Social Insurance Fund of the Russian Federation, the Mandatory Medical Insurance Fund of the Russian Federation and the State Employment Fund of the Russian Federation) are paid similarly to how it is done by legal entities. An individual entrepreneur, in addition to being registered with the tax inspectorate, must register with the relevant funds and make deductions of insurance premiums in accordance with applicable law. At the same time, one should bear in mind possible conflicts with the tax authorities, which most likely will not agree with the inclusion of expenses on the payment of wages to employees in the composition of costs for the element "Labor costs".
An individual entrepreneur, in accordance with the Federal Law "On Tariffs of Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the State Employment Fund of the Russian Federation and to Compulsory Health Insurance Funds for 1997" dated February 5, 1997 N 26-FZ, is obliged pay a contribution to the Pension Fund of the Russian Federation at a rate of 28% in relation to the accrued wages of employees, as well as withhold from the earnings of citizens who are in labor relations with them, a contribution to the fund at a rate of 1% of the amount of accrued wages.
An individual entrepreneur must deduct 5.4% of the wages accrued to employees for all reasons to the social insurance fund.
When registering an individual entrepreneur in the territorial fund of compulsory health insurance, he is assigned a registration number and a written notice of registration, the amount and timing of payment of insurance premiums in the prescribed form is given. Currently, the rate of the insurance premium is 3.6% of the accrued wages of persons working for the entrepreneur. These contributions are paid simultaneously with the payment of salaries.
1.5% of payments accrued in favor of employees in accordance with labor contracts are deducted to the state employment fund.
If you follow the position of the tax authorities and conclude civil law contracts with employees as individual entrepreneurs, then the taxation procedure is normal here and the costs of paying for the work performed by the contractor under the contract are included in the entrepreneur's expenses under the element "Labor costs". But in this case, there are peculiarities of paying contributions to state extra-budgetary funds. So, contributions to the PFR must be paid from payments accrued in favor of the employee under civil contracts, the subject of which is the performance of work and the provision of services (see article 1) of the Federal Law of February 5, 1997 N 26-FZ). It should also be borne in mind that in addition to the insurance premiums paid by the employer, an individual entrepreneur - performer under a civil law contract will still have to pay a contribution of 28% of his income himself. This provision is confirmed by clause 4 of the letter of the Supreme Arbitration Court of the Russian Federation dated January 30, 1995 N C1-7 / OP-54 "On individual recommendations adopted at meetings on judicial and arbitration practice" and a joint letter of the State Tax Service of the Russian Federation, the Ministry of Finance and the Central Bank of the Russian Federation "On strengthening control over the timely and full receipt of insurance contributions to the Pension Fund of the Russian Federation "(reg. N 1252 Ministry of Justice of the Russian Federation of February 13, 1997).
From the amount accrued to the contractor under work contracts and commissions, insurance premiums are paid to the compulsory health insurance funds. Contributions to other state non-budgetary funds from amounts paid to citizens under civil law contracts are not provided for by current legislation.
LINKS TO LEGAL ACTS

"CONSTITUTION OF THE RUSSIAN FEDERATION"
(adopted by popular vote 12.12.1993)
"CODE OF LABOR LAWS OF THE RUSSIAN FEDERATION"
(approved by the Supreme Council of the RSFSR 09.12.1971)
LAW of the RSFSR of 12/25/1990 N 445-1
"ABOUT ENTERPRISES AND BUSINESS ACTIVITIES"
"CIVIL CODE OF THE RUSSIAN FEDERATION (PART ONE)"
dated 30.11.1994 N 51-FZ
(adopted by the State Duma of the Federal Assembly of the Russian Federation on October 21, 1994)
FEDERAL LAW of 05.02.1997 N 26-FZ
"ON TARIFFS OF INSURANCE CONTRIBUTIONS TO THE PENSION FUND OF THE RUSSIAN
FEDERATION, SOCIAL INSURANCE FUND OF THE RUSSIAN FEDERATION,
STATE EMPLOYMENT FUND OF THE RUSSIAN FEDERATION AND IN
MANDATORY HEALTH INSURANCE FUNDS FOR 1997 "
(adopted by the State Duma of the Federal Assembly of the Russian Federation on December 25, 1996)
FEDERAL LAW of 05.05.1997 N 77-FZ
"ON MAKING CHANGES AND ADDITIONS TO THE REGULATIONS ON THE PENSION FUND
OF THE RUSSIAN FEDERATION (RUSSIA), PROCEDURE FOR PAYMENT OF INSURANCE PREMIUMS
EMPLOYERS AND CITIZENS TO THE PENSION FUND OF THE RUSSIAN FEDERATION
(RUSSIA) AND INTO THE LAW OF THE RUSSIAN FEDERATION "ON STATE PENSIONS
IN RUSSIAN FEDERATION"
(adopted by the State Duma of the Federal Assembly of the Russian Federation 04.04.1997)
LETTER of the State Tax Service of the Russian Federation of 20.02.1996 N NV-6-08 / 112
"ON A METHODOLOGICAL GUIDE FOR ACCOUNTING INCOME AND EXPENDITURE OF PHYSICAL
PERSONS PERFORMING ENTREPRENEURIAL ACTIVITIES "
DECISION of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 N 16
"ON SOME ISSUES OF APPLICATION BY THE COURTS OF THE RUSSIAN FEDERATION
LEGISLATION IN THE RESOLUTION OF LABOR DISPUTES "
LETTER FROM YOU RF dated 30.01.1995 N C1-7 / OP-54
"ON SEPARATE RECOMMENDATIONS ADOPTED AT THE MEETINGS ON THE JUDICIAL -
ARBITRATION PRACTICE "
Business lawyer, N 13, 1997