Labor law prepare a presentation on the topic. Labor law of the Russian Federation

Plan: Concept of TP, Subject of TP, Goals of TP, Tasks of TP, Labor relations, Labor capacity, Object of TP, Content of TP, Labor agreement, Collective agreement, Working hours, Rest time.

Labor law is an independent branch of law, which is a system of legal norms governing labor relations between employees and employers, as well as other relations closely related to them. In Russia, the main source of labor law is currently Labor Code Russian Federation dated December 30, 2001 No. 197-FZ

The subject of labor law Employee relations arising in the process of their direct participation in labor.

Objectives: Establishment of state guarantees of labor rights and freedoms of citizens, Creation of favorable working conditions and protection from unemployment, Protection of the rights and legitimate interests of employees and employers.

Tasks of labor legislation: Creation of the necessary legal conditions to achieve optimal coordination of the interests of the parties labor relations, the interests of the state.

Functions: Protective, regulatory; educational (the employer forms the employee's labor behavior); production; Social.

Objectives: Creation of the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations, the interests of the state. Regulation of labor and other related relations in: labor organization and labor management; employment with of this employer; professional training, retraining and advanced training of employees directly with the given employer; social partnership, collective bargaining, collective bargaining and agreements; the participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law; material liability of employers and employees in the labor sphere; supervision and control (including trade union control) over the observance of labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms; permission labor disputes; compulsory social insurance in the cases provided for federal laws Labor Code of the Russian Federation article 1

Labor relations Relationships related to the agreement between the employee and the employer on the personal performance of the employee for a fee of the labor function.

Parties to labor relations: Employee - individual entered into employment relationship with the employer. Employer - physical or entity(organization) that entered into an employment relationship with an employee.

Labor capacity Arises from the age of 16, with an exception from the age of 14.

An agreement between an employee and an employer, according to which:

The employer undertakes to: Provide the employee with work in accordance with the specified labor function (specialty, qualifications, position), Provide the working conditions stipulated by the legislation, Pay the employee wages in a timely manner and in full. The employee undertakes to: Personally perform the job function defined by this agreement, Comply with the internal labor regulations in force in the organization.

Content employment contract: Full name of the employee and the name of the employer (full name) who entered into the employment contract; Specific place of work, Date of commencement of work, Name of position, specialty, profession, qualifications of the employee, Rights and obligations of the employer, Characteristics of working conditions, Work and rest hours of the employee, Terms of remuneration of the employee, types and conditions of social insurance of the employee.

Occupation Kind labor activity determined by the nature and purpose of labor functions.

Specialty is a complex of knowledge, skills and abilities acquired through special training and work experience necessary for a certain kind activities within a particular profession.

Qualifications Degree and type of professional training, i.e. level of training, experience, knowledge in this specialty.

Types of employment contracts: Perpetual employment contract, Fixed-term employment contract (for a specified period not exceeding 5 years), For the period of work.

Labor book The main document on the labor activity and work experience of the employee.

Labor contract
Working hours and hours
recreation
Labor discipline
Salary
Labor disputes
LABOR LAW

Labor law -

Labor law branch of law,
which regulates
order of occurrence,
action and
termination of labor
relations, defines
joint regime
labor of workers,
sets the measure
labor protection and order
consideration of labor
disputes

History of labor law in Russia

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

The subject of labor law -

The subject of labor law LABOR RELATIONS:
between the employee and
employer
between the union and
administration
redistributive relations
work force
relationship about employment and
employment
relationships associated with
compensation for material
damage
procedural relations,
arising from resolution
labor disputes

The basis of labor relations

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

Sources of labor law

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

Sources of labor law

Local
regulatory legal acts of the constituent entities of the Russian Federation
local lawmaking
self-government
internal labor regulations
routine established on
enterprise
collective agreements and agreements
employment contracts
orders and orders of managers
enterprises and institutions

Labor law principles

principle of free
disposition of citizens
their ability to
labor
principle of equal
remuneration for equal
labor without any
discrimination
principle of inadmissibility
worsening of the situation
workers below the level,
envisaged
acting

Labor law functions

Regulatory
Promote
(labor law is not
directly
fulfills it, and
together with other
social
institutions (legal
and illegal)

Basic employee rights

right to adequate working conditions
safety and hygiene
law (as agreed with the employer)
set working hours and
work schedule
the right to remuneration for one's work depending on
from personal labor input and quality of work
the right to organize
entitlement to annual paid leave
right to compensation for damage caused
damage to health in connection with work
the right to social security by age and
loss of working capacity

Protection of labor rights

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

Protection of labor rights

Opinion poll
"Russian working class"
(year 2009)
Who do you think comes first
must defend the rights of workers?

Labor contract -

Employment contract agreement between employer
and an employee, in accordance
with which the employer undertakes
provide an employee with a job
according to the determined labor function,
provide working conditions,
provided for by the Labor Code, laws and other
regulatory legal acts containing norms
labor law, in a timely manner and in full
pay wages to the employee,
and the employee undertakes to personally fulfill certain
by this agreement the labor function, to observe
the organization's internal rules
labor regulations (Labor Code of the Russian Federation, article 56)

Terms of employment contract

Mandatory part:
Place of work
Start date
Labor function (name of position, specialty,
professions, indicating qualifications in accordance with the staff
the organization's schedule)
Duration of the contract (urgent)
Employee rights and obligations
Employer's rights and obligations
Characteristics of working conditions, compensation and benefits
employees for work in difficult, harmful and (or) dangerous conditions
Work and rest mode
Terms of remuneration
Types and conditions of social insurance
The nature of the work (mobile, traveling, etc.) Additional part:
Clarification of the place of work
Probation
Non-disclosure clause
secrets protected by law
(state, official,
commercial and other)
Employee obligation condition
work after training at least
the contractual deadline
Types and conditions of additional
insurance

Probation

The size:
3 months
No more
Not more than 6 months (for
leadership)
It is not renewed for a second time
maybe
The employer has the right
before expiration
terminate tests
employment contract with
employee, warning
him about it in writing
form no later than 3
days with reasons
layoffs

Probation

not installed for:
Persons applying for work
competition for replacement
the respective position
Pregnant women
Under 18
Persons who have graduated from professional
educational institutions and
newcomers to work on
received specialty
Persons elected to the elected
paid job position
Persons invited to work in
order of transfer from another
employer as agreed between
employers

Types of employment contracts

Criterion - expiration date:
Indefinite
term
Urgent labor
agreement (for a certain
term, no more than five years)

Fixed-term employment contract

Imprisonment cases:
To replace temporarily
absent worker, for
who keep their place of work
At the time of execution of temporary (up to
two months) and seasonal work
v
organizations located in
regions of the Far North and
equivalent areas
For urgent work on
prevention of accidents,
accidents, disasters, epidemics, etc.

Fixed-term employment contract

Imprisonment cases:
With persons applying for work
in the organization - the subjects of small
entrepreneurship with
with up to 40 employees (in
organizations retail and
consumer services - up to 25
workers), as well as
employers - individuals
With persons sent to work
abroad
For work going out
outside the ordinary course of business
organizations (reconstruction,
assembly, commissioning and
other jobs)
With persons applying for work
in organizations created on
a certain period
time

Fixed-term employment contract

Imprisonment cases:
To perform knowingly
certain work in cases where
its execution (completion) cannot
be determined by a specific date
For work related to internship and
vocational training
employee
With full-time students
learning
With part-time workers
With retirees, as well as with
persons who, as
health work allowed
exclusively temporary

Fixed-term employment contract

Imprisonment cases:
With creative workers and
professional athletes
With scientific, pedagogical and
other employees,
who have entered into employment contracts
for a certain period as a result
competition
Elective office for
paid work
With leaders, deputies
leaders and key
accountants of organizations
With persons aiming at
temporary work by the authorities
employment services

Documents required to conclude an employment contract

Passport or other identity document
Employment record book (except for the initial conclusion
employment contract or part-time job)
State insurance certificate
pension insurance
Documentation military registration(for
liable for military service and persons subject to conscription
service)
Education document, qualifications
or have special knowledge
You cannot demand:
Medical certificate or health book
(the employer is obliged to arrange a medical examination at his own expense)
Characteristics from the previous place of work,
Certificate of housing provision, etc.

Suspension from work -

Suspension from work is temporary
suspension
legal relationship with
suspension
payments
wages,
but keeping
behind the employee
place of work

Conditions of suspension from work

Alcoholic, narcotic or
worker toxicity
Failure to install
the procedure for training and testing knowledge and
occupational safety skills
Lack of mandatory
preliminary or periodic
medical examination
Identification in accordance with
medical report
contraindications for performing
work
At the request of authorities and officials
persons authorized by federal
laws

Termination of an employment contract

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

General grounds:
Agreement of the parties
Expiration of the term of the employment contract
Drafting or entering military service
At the initiative of the employee
At the initiative of the employer
At the request of the trade union body
Transfer of an employee to another employer or
transition to elective work (position)
Change of ownership of the organization's property
Changes in the essential conditions of employment
contract
The employee's refusal to transfer due to
relocation of the employer to another area

Grounds for termination of an employment contract

Additional grounds:
Committing guilty actions by an employee,
directly serving money or
commodity values
Commitments by an employee performing educational
function, immoral wrong
Making an unreasonable decision by the head
organization
One-time gross violation by the head
organization of their work duties
Submission by the employee to the employer of fraudulent
documents or knowingly false information at
conclusion of an employment contract

Grounds for termination of an employment contract

Additional grounds:
Repeated failure by the employee without good reason
job responsibilities
One-time gross violation of labor duties by an employee:
Absenteeism (absence from the workplace without good reason for more
four hours in a row during the working day)
Appearance at work in a state of alcoholic, narcotic or
other toxic intoxication
Disclosure of secrets protected by law
Committing at the place of work theft (including petty) of someone else's
property, waste, deliberate destruction or
damage established by the effective
by a court verdict or by an order of a body authorized to
application of administrative penalties
An employee's violation of labor protection requirements, if it is
violation entailed grave consequences (accident
in production, accident, disaster) or knowingly created
the real threat of such consequences

Labor law institutions

Work time -

time during
which employee
must fulfill
entrusted to him
responsibilities, as well as other
periods of time that
compliance with laws and other
regulatory legal
acts refer to the worker
time (for example, idle not
through the fault of the employee,
paid breaks in
during the working day (shift) and
etc.)

Types of working hours

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

Types of working hours

Incomplete working
time (by agreement between
employee and employer)
For pregnant women
For women with
children under the age of 14
years, and if the child
disabled person - up to 16 years old
For persons
caregivers
a sick family member

Time relax

Breaks during the working day
For rest and food (no more than 2 hours per day)
Additional breaks
Weekly rest
(weekends and holidays
days) - at least 42 hours.
continuously a week
Annual regular
leave
Unpaid leave
(at the request of the employee)

Non-working holidays in the Russian Federation

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

Labor discipline -

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

Types of incentive measures

By the way of influencing
workers:
Moral
Material
By registration and consolidation
in legal acts:
Legal
Non-legal
By scope:
General (applicable to any
workers)
Special

Remuneration and wages

Remuneration is a system of relations,
which are related to securing
establishing and implementing
employer payments to employees for their
labor in accordance with laws, otherwise
regulatory legal acts,
collective agreements,
agreements local
regulations and labor
treaties
Wage- reward
for work depending on qualifications
employee, complexity, quantity,
quality and conditions of the
work, as well as payments
compensatory and incentive
character

Wage regulation methods

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

Minimum size wages in the RF
Minimum tariff rate
(salary) of employees of budgetary organizations
spheres in RF
Measures to increase the level
real salary content
Limitation of the list of bases and sizes
deductions from wages
the employer's order, as well as the size
taxation of income from wages

State guarantees for the remuneration of workers

Restriction of wages in kind
Ensuring the employee receives wages in
in case of termination of activities of the employer and his
insolvency in accordance with federal
laws
State supervision and control over the complete and
timely payment of wages and implementation
state guarantees for wages
Employers' liability for violation of requirements,
established by the Labor Code of the Russian Federation, laws, other
regulatory legal acts, collective
treaties, agreements
Terms and sequence of payment of wages

Cases of providing guarantees and compensations

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

Labor disputes -

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

Types of labor disputes

Labor disputes in courts of general jurisdiction

If the employee or employer disagrees with the decision
commission
on labor disputes (CCC)
According to the prosecutor's statement,
if the decision of the CCC contradicts
legislation
If at the KTS enterprise
not collected or not created
At the request of the employee for reinstatement at work, about
changing the date and wording of the reason for dismissal, about
payment for the time of forced absence or performance
low-paid work
At the request of the employer for compensation by the employee
material damage caused to the enterprise

Collective labor disputes -

Collective labor disputes unresolved differences
between workers (their
representatives) and
employers (their
representatives) about
establishing and changing
working conditions (including
salary), conclusions,
changes and implementation
collective agreements,
agreements, as well as in connection with
the employer's refusal to take into account
opinion of the elected
representative body
employees when adopting acts,
containing labor standards
law, in organizations
(Article 398 of the Labor Code of the Russian Federation)

Basic concepts

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

Stages of resolving a collective labor dispute

Consideration
collective
labor dispute
conciliatory
commission;
Consideration
collective
labor dispute with
participation of a mediator
and (or) in labor
arbitration
Strike of teachers

Strike

Participation in a strike is voluntary.
Employer's representatives are not entitled to
organize a strike and take in
her participation
Decision to declare a strike
adopted by the general meeting
(conference) employees of the organization
a proposal from a representative body
employees previously authorized by them to
collective labor dispute resolution
Meeting (conference) of workers
considered eligible if on it
present at least two-thirds of the total
number of employees
The decision is considered adopted if for him
voted at least half
employees attending the meeting
(conferences)

Strike

If it is impossible to conduct
meeting (calling a conference)
employees representative body
employees have the right to approve their
solution by collecting signatures over
half of the workers in support
strike
After 5 calendar days of work
conciliation commission may be
sentinel announced once
warning strike, oh
which employer should be

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

Decision to declare a strike

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

Illegal strikes

Announced without taking into account the terms, procedures and
requirements stipulated by the Labor Code of the Russian Federation
Which is held
during the periods of introduction of military
or a state of emergency
In bodies and organizations
The Armed Forces of the Russian Federation,
other military, paramilitary
and other formations in charge
defense issues
country, state security,
rescue, search and rescue,
fire fighting, prevention or elimination
natural disasters and emergencies

Illegal strikes

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

Strike

In case of creation
immediate threat to life
or the health of people, the court has the right
postponed strike
for a period of up to 30 days, and the one that has begun to be suspended for the same period
In cases with special
value to ensure
vital interests of the Russian Federation
or its individual territories,
The government of the Russian Federation has the right
suspend the strike until
address the issue with the appropriate
by the court, but not more than 10
calendar days
The right to strike can be
limited to federal
by law

Strike

The participation of an employee in a strike is not
can be seen as
violations of labor discipline and
grounds for termination of employment
agreement (Article 414 of the Labor Code of the Russian Federation)
It is forbidden to apply to employees,
participating in the strike, measures
disciplinary responsibility
During the strike for the participants
employees retain a place in it
work and position
Forbidden lockout - dismissal
workers on the initiative
employer in connection with their participation in
collective labor dispute or
strike (Article 415 of the Labor Code of the Russian Federation)

Collective agreement -

Collective agreement is a legal act,
regulatory
social and labor
relationship in
organizations or
individual
entrepreneur
and concluded
workers and
employer in
their face
representatives of

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

Types of individual labor disputes

Criterion - Resolution Method
individual labor
disputes:
Generally resolved disputes

in the labor dispute committee,
and then in court
Disputes resolved in court
order when the commission on
labor disputes do not apply
need to
Disputes resolved in a special
order when dispute is resolved
upstream ok
subordination to the body either in
court

Consideration of individual labor disputes in courts

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

Description of the presentation for individual slides:

1 slide

Slide Description:

Answer the test question In contrast to the norms of morality, the norms of law: 1) are binding; 2) are of a recommendatory nature; 3) regulate people's behavior; 4) are addressed to the whole society.

2 slide

Slide Description:

What distinctive features of the rule of law do you still know? Fixation in the law (or in other regulations); Endowment with the power of the state, accepted by the state; Legal liability is incurred for their violation; General validity.

3 slide

Slide Description:

4 slide

Slide Description:

Labor and labor relations Work will save us from three great evils: boredom, vice, need. Voltaire

5 slide

Slide Description:

Main sources of labor law Decrees of the President, Government. International documents (Universal Declaration of Human Rights) CODE OF LABOR LAWS (Labor Code) Constitution of the Russian Federation, Article 37 First Russian code labor laws was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.

6 slide

Slide Description:

Right to work. What does the right to work mean? 1. What does the right to work include according to the Constitution? 2. What conditions must be provided for the performance of the work? 3. What are the requirements in the article for the size of wages?

7 slide

Slide Description:

Parties to labor relations An employee is an individual who has entered into an employment relationship with an employer Rights Duties Duties Rights An employer is an individual or a legal entity (organization) that has entered into an employment relationship with an employee

8 slide

Slide Description:

9 slide

Slide Description:

Employment 1. Passport 2. Certificate of family income 3. Employment record 4. Insurance certificate of state pension insurance, TIN 5. Certificate from the police 6. Military ID (for those liable for military service) 7. Characteristics from the last place of work 8. Medical certificate 9. Document about special education 10. Certificate of family composition

10 slide

Slide Description:

Employment 1. Passport 2. Labor book 3. Insurance certificate of state pension insurance, TIN 4. Military ID (for conscripts) 5. Medical certificate 6. Document of special education

11 slide

Slide Description:

Complete the task 1 group - document 1 2 group - highlight the conditions for termination of the employment contract (page 151) 3 group - document 2

12 slide

Slide Description:

13 slide

Slide Description:

Labor agreement - agreement Between the employer and the employee Duration of the employment contract (Art. 58) Indefinite period A specific period (but not more than 5 years) Entry into force of the employment contract - from the day specified in the employment contract. If the day of starting work is not specified in the employment contract, then the employee must start work on the next business day after the entry into force of the contract.

14 slide

Slide Description:

Termination of the employment contract 1. On the initiative of the employee (personal desire of the employee) 2. On the initiative of the employer 1) repeated failure of the employee to fulfill his duties without good reason 2) reduction, liquidation of the enterprise 3) inconsistency of the employee with the position or qualifications

15 slide

Slide Description:

16 slide

Slide Description:

Article 66 of the Labor Code of the Russian Federation - Labor book 1. What is employment history? Define and explain it based on the text. Labor book - the main document on labor activity and work experience; enter information about the employee and the work performed by him, information about awards, about the reasons for dismissal. 2. How does the article answer the question: “Which employer is obliged to keep work books on employees at the place of their main work, and which of the employers is not included in the number of those obliged to keep work books? " Employer - the organization is obliged to keep work books for each employee at the place of main work; an employer who is an individual is not included in the list of those obliged to keep work books.

17 slide

Slide Description:

Article 66 of the Labor Code of the Russian Federation -Labor book 3. In the work book, as stated in the article, information about penalties is not entered (remark, reprimand, dismissal on appropriate grounds). Will the dismissal entry made in the work book be legal in connection with gross violation an employee of their duties due to the appearance at work in a state drunkenness? Provide an argument supporting your answer based on the text of the article. The entry is legal. Arguments: - records of the reasons for dismissal are made in the work book; - information about disciplinary action are made in the event that it is a dismissal.

18 slide

Slide Description:

15-year-old Masha got a job as a nurse in a polyclinic. The older sister demanded to go to work on Sunday due to work needs. Masha asked for a consultation. Konstantin is 16 years old. He wants to get a job as a night watchman in a store. Then he can study during the day. Will Constantine be hired as a night watchman? 17-year-old Katya asked for a vacation in August. The head of the department refused her and explained that the department had a vacation schedule. Everyone will take turns resting. Katya can only go on vacation in November. Is the head of the department right?

19 slide

Slide Description:

A 14-year-old teenager gets a job. The employer and he agree that it will be a highly paid heavy lifting job lasting from 15 to 24 hours.

20 slide

Slide Description:

When hiring, the employer requires a testimonial from the last place of work or study, forcing him to sign a contract on compulsory overtime work.

21 slide

Slide Description:

Comment on the situation: Andrey's grandfather, Stepan, loves practical jokes. Yesterday, for example, Stepan Petrovich, going to work in a car service, asked Andrey to look for his work book, which he allegedly lost somewhere at home. What was the rally?

22 slide

Slide Description:

23 slide

Slide Description:

“Fifteen-year-old Cinderella was sent by her stepmother to work in the House of Life. Cinderella's father did not know anything about this, since his daughter did not want to upset him. When hiring, the girl verbally discussed the conditions of her work with the hostess of the House of Life and took up her duties from 6-00 to 21-00. Within three months, she had to prove herself, after which the hostess would make the final decision: to leave at work or fire. Once the hostess called Cinderella and said: “The New Year's ball is coming soon! We need to tidy up the New Year's costumes for the courtiers, so we have to work on weekends. Cinderella worked all weekend and even stayed at night to complete the mistress's assignment. Cinderella hoped that with the increased salary for work on weekends and night shifts, she would be able to buy herself an evening dress and conquer the prince. But to her surprise, the salary was the same as last month. At the ball, Cinderella never had to dance with the prince. The mistress on behalf of the king sent her to work as a croupier in a court gambling club. Cinderella worked so hard, tirelessly, that she deserved a real vacation. Summer has come. The hostess herself went to rest in the thirtieth kingdom, but Cinderella, as always, had a lot of work, and she did not go on vacation. Only in the fall did the mistress take pity on the girl and gave her two weeks to rest. One day, while walking in the forest, she sang her children's song. Her beautiful voice was heard by the prince hunting nearby. He fell in love with her at first sight and offered his hand and heart. Happy Cinderella accepted the offer, but did not leave the job. Only now no one dared to violate her labor rights. "

Slide Description:

Features of the rights of minors of the Labor Code, chapter 42 Issues of labor law Features (based on articles) 1. Conclusion of an employment contract 2. Termination of an employment contract 3. Working hours 4. Rest time 5. Remuneration

To use the preview of presentations, create yourself a Google account (account) and log into it: https://accounts.google.com

Slide captions:

Labor law grade 11. Social science

Declaration of human and civil rights and freedoms; Convention on the Rights of the Child Constitution of the Russian Federation; Labor Code of the Russian Federation; Separate labor laws; By-laws; Corporate regulations; Laws are needed not only to intimidate citizens, but also to help them. Voltaire

Article 37 of the Constitution of the Russian Federation free we pay for the right to resolve disputes safe the right to rest voluntary LABOR

Parties to labor relations employee employer

Citizens as subjects of labor law Labor capacity Labor capacity Labor legal personality

work should be lightweight; work should not harm physical health and morale; work should not interfere with learning; written consent from one of the parents. you can get a job and bear all the responsibilities arising from this. Labor personality full labor personality from 16 years incomplete labor legal personality from 14 years old From 15 years old, if you have received basic general education.

Obligations of the parties Citizen to work conscientiously observe labor discipline to protect property to comply with labor standards The employer rationally use labor to create working conditions to pay for labor to carry out advanced training

LABOR CONTRACT

Employment contract An agreement between an employee and an employer. Parties to an employment contract employer employee

Types of employment contracts Art. 58, 61 If the term of its validity is not stipulated in the employment contract, then the contract is concluded for an indefinite period. An employment contract comes into force on the day it is signed. If the employment contract does not stipulate the start date of work, the employee must start work the next day after the entry into force of the contract. If the employee has not started to work in set time without good reason within a week, then the employment contract is canceled indefinite (validity period is indefinite) urgent (concluded for a period not exceeding 5 years)

Content of the employment contract Art. 57 The employment contract specifies: the name of the employee and the name of the employer; place of work; start date of work; the name of the position, specialty, profession; the rights and obligations of the employee; the rights and obligations of the employer; characteristics of working conditions; work and rest regime; terms of remuneration; types and conditions of social insurance directly related to work.

The age at which it is allowed to conclude an employment contract Art. 63 14 15 16 s written consent one of the parents independently receiving basic general education, or leaving the educational institution in accordance with federal law

Documents presented when concluding an employment contract Art. 65 passport or other identity document; employment history; insurance certificate of state pension insurance; military registration documents (for those liable for military service); a document confirming education, qualifications or special knowledge. 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.

An employment contract is concluded in writing, in duplicate, each of which is signed by the parties (Article 67); One copy of the contract is given to the employee, the other is kept by the employer (Art. 67); Hiring is formalized by an order issued on the basis of a concluded employment contract (Art. 68); For persons under the age of 18 when applying for a job probation not established (Art. 70).

Grounds for termination of an employment contract on the day of dismissal of an employee is the last day of his work agreement of the parties to Art. 78 on the initiative of the employer, Art. 81 refusal of an employee to work in connection with a change in the essential terms of the contract of Art. 73 circumstances beyond the control of the parties to Art. 83 transfer of the employee expiration of the term of the employment contract Art. 58 at the initiative of the employee of art. 80

Termination of the employment contract on the initiative of the employee to notify in writing 2 weeks in advance by agreement of the parties may be terminated before the expiration of the line before the expiration of the term, the employee may withdraw his application on the last day, the employer is obliged to issue the employee a work book to make the final settlement

Termination of the employment contract on the initiative of the employer; liquidation of the organization; reduction in the number of employees of the organization; inconsistency of the employee with the position; change of the owner of the property of the organization; repeated non-performance by the employee without good reason of work duties; absenteeism (absence without good reason for more than 4 hours in a row); appearance at work in a state of alcoholic, drug or other toxic intoxication.

Termination of an employment contract due to circumstances beyond the control of the parties; conscription of an employee for military service; reinstatement of an employee who previously performed this work at work, by a court decision; not being elected to office; conviction of the employee to punishment, in accordance with the court's verdict; recognition of the employee as completely incapacitated; death of an employee.

DO NOT DISMISS AN EMPLOYEE: During an employee's illness; During the employee's vacation.

Protection of the rights of the employee In case of violation of the rights of the employee upon termination of the employment contract with him on the initiative of the employer, you need to go to court within one month from the date of dismissal.

WORKING AND REST HOURS

Working time is a statutory period of time during which an employee must perform his or her work duties. TYPES OF WORKING TIMES NORMAL INCOMPLETE EXTREME ABBREVIATED

Normal work time Working day: 7 hours with a 6-day working week; 8 hours with a 5-day work week. Work shift: the time that the employee must work according to the schedule during the day; may be longer than a working day, but it is necessary that the statutory norm. Working week: should not exceed 40 hours. Working month. Working year.

Reduced working hours Established for certain categories of workers: minors: from 16 to 18 years old - no more than 35 hours per week; from 15 to 16 years old, as well as students from 14 to 16 years old, working during the holidays - no more than 24 hours a week; students working in their free time - half of the norms indicated for their age. employed at work with harmful working conditions: depending on the hazard - 36-hour or 24-hour work week; workers whose work is associated with increased mental, emotional and nervous tension: 36 hours a week. employees - invalids of I and II groups: no more than 35 hours per week.

Part-time work The employer cannot refuse: pregnant women; women with children under the age of 14 or a disabled child under 18; caregiver for a sick family member. decrease in the working day decrease in the number of working days per week

Overtime work work performed by an employee on the initiative of the employer outside the established working hours, as well as work in excess of the normal number of working hours during the reference period. It is not allowed to engage in overtime work: pregnant women; workers under the age of 18. should not exceed 4 hours for two consecutive days should not exceed 120 hours per year

Rest time breaks during the working day vacation weekends holidays daily rest

LABOR LAW AND MINORS

Applying for work Article 266 all persons under the age of 21 are hired only after a mandatory preliminary medical examination; employees under the age of 18 are subject to an annual medical examination.

Bans on certain types works of art. 265, 268 hard work; harmful work; hazardous work; underground work; night work; overtime work; works that harm moral development; work related to full material responsibility; work performed with a long absence from the place of permanent residence.

Restrictions on carrying weights Art. 265 is the maximum allowable rate when lifting weights. 10 kg adolescents under 18 years of age should under no circumstances be hired for work that exclusively involves carrying heavy loads.

Labor standards for minors Art. 92 for employees under the age of 16 - 24 hours per week; for employees between the ages of 16 and 18 - 36 hours per week Art. 94 The duration of daily work cannot exceed: for employees aged 15 to 16 years - 5 hours, at the age from 16 to 18 years old - 7 hours for students of educational institutions, educational institutions of primary and secondary vocational education, combining school year study with work, at the age from 14 to 16 years old - 2.5 hours, at the age from 16 to 18 years old - 4 hours

Leave granted to minors Art. 122 annual paid leave. employees under the age of 18 - the right to use leave for the first year of work can be granted before the expiration of 6 months. Art. For 267 employees under 18 years of age, annual paid leave is set for at least 31 calendar day and can be used at any time of the year convenient for them.

Remuneration for work of minors Wages of persons under 18 years of age, with reduced working hours, are paid in full. Exception (Art. 271) the labor of pupils of general education schools, lyceums, working in their free time from studies, is paid in proportion to the time worked or depending on the production rate.

UNEMPLOYMENT ... There is nothing more unbearable than idleness. Charles Darwin

The unemployed are able to work; have no earnings; registered with the Employment Service for search purposes suitable job; looking for a job; ready to start at any time.

The state is obliged to provide every person with employment, and if this is not possible, then to protect him from unemployment. HELP TO CITIZENS IN SEARCHING FOR JOB UNEMPLOYMENT BENEFITS PROFESSIONAL TRAINING AND RETRAINING

Categories of people who cannot be recognized as unemployed PERSONS UNDER 16 YEARS OLD PERSONS WHO HAVE NOT APPEARED WITHIN 10 DAYS FROM THE MOMENT OF REGISTRATION TO OFFER THEM A JOB PERSONS REFUSED DURING 10 DAYS FROM THEIR REGISTRATION FROM TWO WORKERS

Suitable work must correspond to the level of professional training of the citizen; must meet the conditions of the last place of work; health status must be taken into account; should be considered transport accessibility; earnings should not be lower than the average earnings for last place work, if it did not exceed the average earnings in a given locality Any job can be offered: to those looking for a job for the first time and to those who do not have a profession who are registered for unemployment for a very long time (more than 18 months)

Registration of the unemployed Documents registration is carried out within 10 days from the moment of contacting the Employment Service at the place of residence certificate of earnings for the last three months passport work book certificate of residence (for the first time job seekers) diploma of education

unemployment benefits for the main category of citizens are paid before employment, but no more than 12 months, the minimum salary in Voronezh from January 1, 2012. - 4 611 rubles. the value of the subsistence minimum per capita in the I quarter of 2012 in the Voronezh region - 7187 rubles. if this period has passed, and the job is not found, unemployment benefits are paid, in the amount of minimum wage labor

PRACTICAL PART