Public recognition of the results of work of employees. Forms of recognition and evaluation of labor results
The application of incentive measures to employees is a recognition of their labor merits and a certain incentive for future productive work, increased interest in the proper performance of labor duties, and advanced training. Financial incentives also improve the quality of life of workers and their families, which as a result leads to the creation of a favorable microclimate in the workforce and family.
Incentive measures for employees who conscientiously perform labor duties can be applied directly by the employer, and for special labor services to society and the state, the employee is encouraged by state awards (Article 191 of the Labor Code of the Russian Federation).
According to the method of establishing the incentive measures applied by the employer can be classified into three groups:
- provided for by the Labor Code of the Russian Federation;
- other federal laws, statutes and regulations on discipline;
- established by collective agreements and II BTR in force for an individual employer.
The Labor Code of the Russian Federation provides for incentive measures common to all employees: bonuses, awarding with a valuable gift or a certificate of honor, acknowledgment and promotion to the title of the best in the profession (part 1 of article 191).
Other federal laws, charters and regulations on discipline establish additional incentives, including those that reflect the specifics of labor activity. For example, in the Charter on the discipline of workers of the fishing fleet, as additional incentives, entry into the Book of Honor, the Book of the History of the Ship and the Board of Honor, and the award of a badge act as additional incentives.
In Art. 55 of the Federal Law "On the State Civil Service Russian Federation"Additional incentives applicable to civil servants are indicated:
- gratitude announcement with the payment of a one-time incentive;
- awarding an honorary diploma of a state body with the payment of a one-time incentive or with the presentation of a valuable gift;
- other types of encouragement and rewarding of the state body;
- payment of a one-time incentive in connection with the state pension for long service;
- encouragement of the Government of the Russian Federation;
- encouragement of the President of the Russian Federation;
- assignment of honorary titles of the Russian Federation;
- awarding insignia of the Russian Federation;
- awarding orders and medals of the Russian Federation.
Employers usually stipulate "their own" incentive measures, both moral and material, in the PWTR and in the collective agreement. These include: granting holidays in the summer; full or partial payment of travel to the place of vacation and back; translation into higher position or expansion of the employee's powers, if direct career growth (from position to position) is limited for objective reasons; establishment of an individual mode of work; purchase of a voucher for sanatorium treatment, additional medical insurance for the employee and his family members; referral to advanced training courses abroad; badge of honor" Honorary Worker organizations", "Veteran of the organization", etc.
The legislator does not establish a procedure for applying incentive measures to employees. In practice, the employer issues an order (instruction), which indicates for what success in work the employee is encouraged and what type of encouragement is applied to him (it is possible to combine moral and material incentives), and, as a rule, brings its contents to the attention of other employees .
In addition to the employer, incentive measures in relation to employees can be applied by authorities state power, municipal authorities.
In the presence of special labor merits to society and the state, employees can be nominated for state awards.
State awards of the Russian Federation are the highest form encouragement of citizens for outstanding services in the defense of the Fatherland, state building, economy, science, culture, art, education, education, protection of health, life and rights of citizens, charitable activities and other outstanding services to the state.
Awarding issues are mainly regulated by the Regulations on State Awards of the Russian Federation, approved. Decree of the President of the Russian Federation of September 7, 2010 No. 1099 "On measures to improve the state award system of the Russian Federation".
The system of state awards consists of: the title of Hero of the Russian Federation and Hero of Labor of the Russian Federation; 16 orders of the Russian Federation (for example, the Order of the Holy Apostle Andrew the First-Called, the Order of Alexander Nevsky, the Order of Friendship); 15 medals of the Russian Federation ("For Courage", Pushkin Medal, "For Development railways"and others); insignia "For impeccable service"; "For beneficence" and St. George's Cross; 60 honorary titles ("Honored Lawyer of the Russian Federation", "People's Artist of the Russian Federation", "Honored Health Worker of the Russian Federation", etc. ).
The Regulations on State Awards of the Russian Federation also approved the statutes and regulations on certain types state awards, as well as their description (except for honorary titles). The list of honorary titles of the Russian Federation and the requirements for them are contained in Decree of the President of the Russian Federation of December 30, 1995 No. 1341 "On the establishment of honorary titles of the Russian Federation, the approval of regulations on honorary titles and a description of the badge for honorary titles of the Russian Federation."
In accordance with Art. 89 of the Constitution of the Russian Federation, the right to award state awards and confer titles of the Russian Federation belongs to the President of the Russian Federation.
The decision to award a state award is made by the President of the Russian Federation on the basis of a submission made as a result of consideration of an application for awarding state awards and a proposal from the Commission under the President of the Russian Federation for State Awards.
An application for awarding a state award is initiated at the place of the main (permanent) work of the person nominated for the state award, by groups of organizations or state bodies or local governments.
The authorities of the constituent entities of the Russian Federation and local governments can also encourage employees for success in work, many years of conscientious work and for achievements in certain areas of activity. The form of encouragement can be certificates of honor and letters of thanks, cash prizes and valuable gifts, awarding honorary titles and awarding insignia.
In accordance with Art. 66 of the Labor Code of the Russian Federation, information on awards for success in work is entered in work book worker. The rules for maintaining and storing work books, preparing work book forms and providing employers with them specify that all information on awarding (encouragement) for labor merits is entered in the work book: a) on awarding state awards, including the assignment of state honorary titles, on on the basis of relevant decrees and other decisions; b) on awarding diplomas, conferring titles and awarding honorary signs, badges, diplomas, produced by organizations (it should be noted that individual entrepreneurs also have the right to encourage employees); c) on other types of incentives provided for by the legislation of the Russian Federation, as well as collective agreements, internal labor regulations, charters and regulations on discipline. Records of bonuses provided for by the wage system or paid on a regular basis are not entered into work books, since such bonuses are inherently not a reward for work, but an incentive part wages.
- Approved Decree of the Government of the Russian Federation of April 16, 2003 No. 225.
Regulation on non-material incentives fixes the rules non-financial incentives employees and the procedure for forming part of the compensation package, consisting of non-material incentives.
The regulation is approved by the head of the organization and put into effect by order.
* In the General Provisions section indicate the main goals and objectives of its development, as well as from which fund the cost of non-material incentives is paid.
1.1. This regulation describes the principles and rules for the distribution of non-material remuneration and the procedure for the formation of a compensation package in the part consisting of non-material incentives for employees organizations "..........".
1.2. All employees can be encouraged for conscientious work and achieved economic, material, financial and other results.
1.3. The allocation of funds to encourage employees is provided for when distributing profits by directing part of the profits to a special fund for non-material incentives for employees. The non-material motivation fund is formed based on the results of each financial year and is approved by the general meeting of shareholders and heads of the organization. In the absence of profit in the Company, the non-material incentive fund is not formed.
2. The structure of the system of non-material incentives
2.1. The system of non-material incentives is formed from the following main types of non-material incentives:
2.1.1. Employee incentives:
– public acceptance – public recognition the results of the work of employees in the form of gratitude (clause 3.1.);
- awarding - the issuance of status insignia, certificates, diplomas (clause 3.2.);
- valuable gifts - handing out souvenirs, coupons for the purchase of valuables, etc. (p. 3.3. and 3.4.);
2.1.2. Changing the status of an employee - promotion, rotation or other change of position or activity desired by the employee (clause 3.5.).
2.1.3. Training of employees - internships, participation in seminars, trainings, advanced training (clause 3.6.).
2.1.4. Organization of corporate leisure activities - field trips and other events, competitions with the participation of the closest relatives, exhibitions and competitions for the children of employees (clause 3.7.);
2.1.5. Benefits not provided for by the Labor Code of the Russian Federation - providing employees with programs of non-state pension funds, benefits on loans, life insurance, material assistance, etc. (clause 4.)
2.2. Additional measures include a variety of low-budget incentive programs for employees (clause 5.).
3. The procedure for applying the main non-material incentives
* V section "The procedure for applying the main non-material incentives" describe:
- the procedure and rules for conducting incentive events;
- the terms and conditions for the application of a particular type of incentives;
- a list of documents describing the rules and norms for the use of non-material incentives (if the organization has them).
3.1. The following types of public recognition can be applied to all groups of employees:
- declaration of gratitude for the conscientious performance of labor duties, namely: for saving the organization's funds, innovation, rationalization activities.
– entering on the Board of Honor for conscientious performance of labor duties, namely, overfulfillment of the production plan, ahead of schedule fulfillment of the production plan, improvement of the quality of products (services provided, work performed).
- awarding Thank you letter for continuous and impeccable work, conscientious performance of labor duties during three years.
– awarding a Certificate of Honor for continuous and impeccable work, for conscientious performance of labor duties during five years.
- conferring the title Best Professional years" for conscientious performance of labor duties, professional excellence, achieving high professional results and indicators.
3.2. Employees are awarded badges of distinction (badge organizations "......", cups, certificates and diplomas) in case of participation and winning places in corporate professional and sports competitions or other competitions.
3.3. Employees are rewarded with valuable gifts for anniversaries ( 45, 50, 55, 60, 65 years). The cost of gifts for all anniversaries is the same and is determined depending on the size of the non-material incentive fund.
3.4. Employees are awarded with valuable gifts for conscientious performance of labor duties, high performance and creative achievements.
3.5. Changing the status, position of an employee is carried out in accordance with the rules and regulations approved in the Regulations on personnel reserve organizations "........".
3.6. Staff training is used as a method of non-material incentives in accordance with the rules and regulations approved in the Regulations on Staff Training organizations ".........".
3.7. In order to unite the interests of employees and the organization, to express gratitude to employees for their work, the organization conducts:
- events in honor of the annual public holidays ( New Year, Defender of the Fatherland Day, International Women's Day);
- events to honor the organization ( Birthday of the organization, Anniversary of the organization);
- events to honor employees ( Award Ceremony "Best Professional");
– events to entertain and unite the interests of employees ( offsite events, sports and professional competitions, professional competitions);
- Activities with family members drawing competition for employees' children).
4. The procedure for applying benefits not provided for by the Labor Code of the Russian Federation
* In the section “Procedure for applying benefits not provided for by the Labor Code of the Russian Federation» describe:
- the list and composition of the main benefits not provided for by the Labor Code of the Russian Federation;
- list and composition of additional benefits that apply only to certain categories of employees;
– rules and conditions for the distribution and application of benefits
4.1. In the main compensation package for all categories of employees of the organization who have passed probation, in addition to material remuneration includes the following benefits not provided for by the Labor Code of the Russian Federation:
– corporate transport services from metro stations;
– gym membership;
– the opportunity to purchase products manufactured by the organization with discounts (the amount of the discount for employees is established by the organization’s local acts);
– connection to corporate cellular communication with discounted rates. Categories of employees who are provided with preferential conditions for paying for cellular communications are established by local documents based on the order of the General Director;
– voluntary medical insurance (VHI);
– free food in the dining room;
– free use of hot drinks vending machines (tea, coffee).
4.2.1. Housing rental compensation
Organization compensates 100% housing rental cost CEO and his deputies, and 30% from the monthly cost of renting housing for heads of departments.
For other categories of employees, housing rental compensation is possible by order CEO, in case the hired employee is from other cities and does not have the opportunity to come to the office by transport every day.
4.2.2. Taxi payment and provision of company transport
Payment for taxi services or provision of official transport for the delivery of employees to the airport, train stations when sent on a business trip is made for the list of employees in accordance with Appendix 1.
4.2.3. Employee insurance
The organization provides insurance for individual employees against accidents. At the same time, insurance risks, in the event of the occurrence of which insurance is carried out in accordance with the insurance contract, are:
– partial disability as a result of an accident;
- permanent total loss of ability to work as a result of an accident;
– death of the insured person as a result of an accident.
The sums insured are set depending on the groups of employees in accordance with Appendix 2.
4.2.4. Employee lending.
Employees with a salary of at least 40 000 rubles are granted loans from the organization organizations "........." for the purchase of housing and other movable property.
The conditions for granting a loan, the interest rate and other requirements are established by the organization's local acts and are provided on the basis of an order CEO.
If an employee leaves the organization before the deadline for the final loan installment, then his obligations to the organization remain regardless of the reason for dismissal.
4.2.5. Issuance of material assistance
Financial assistance is provided to employees organizations "........" whose monthly remuneration does not exceed 30 000 rubles, in the following cases:
- of death close relative(parent, spouse, child, brother/sister) in the amount of 10 000 rubles;
– the death of the employee himself, the employee’s family is paid material assistance in the amount of 20 000 rubles.
The basis for the payment of material assistance is the provision of Human Resource department death certificate of a relative/employee.
4.2.6. Additional retirement benefits:
The organization pays an additional pension to employees whose work experience in the organization is more than 20 years. The amount of a preferential pension is calculated in accordance with the local acts of the organization on the basis of an order CEO.
An employee who retires is awarded a personal certificate of honor and a corporate medal.
After leaving the organization due to retirement, an employee may be invited as an expert or mentor to train interns and young professionals as a freelancer. The procedure for concluding an agreement on labor relations with retired employees is carried out in accordance with the norms of the labor legislation of the Russian Federation.
4.2.7. Separate parking space for vehicles
Parking on the territory of the office is provided only for company cars of employees holding positions from the head of the group and above.
The reserve of free and vacant parking spaces is reserved for new employees hired for the corresponding positions or for those employees who have received a promotion based on the results of the final annual staff assessment.
After dismissal, demotion, moving to another city to work in a division of the organization, or for other reasons, absence from work at the central office for more than three months, the coupon for a parking space on the territory of the organization is canceled.
4.2. These benefits are distributed among employees on the basis of the Table for the distribution of additional benefits not provided for by the Labor Code of the Russian Federation (Appendix 3) depending on:
– labor achievements;
- work experience in the organization;
- duties.
5. The procedure for applying additional non-material incentives
* V section "The procedure for applying additional non-material incentives» describe:
- composition of additional incentives, rules and conditions for their application;
– persons to whom additional incentives are applicable;
- rules for applying additional incentives.
5.1. The list of non-material incentives, which are designed to diversify the system of non-material incentives for employees and meet the individual needs of, if possible, all categories of employees, includes:
– Challenge Cup for Achievements of the Week;
– photo shoot by a professional photographer in the studio;
– cinema, theater, concert tickets;
– rare professional books;
– company car for everyday use;
– company car with driver;
– ticket to the resort;
– personal office chair and furniture to order;
– publication of an article about an employee in a corporate publication;
– coupons for valuables;
– a dream come true;
– special birthday.
5.2. This list applies department heads and personnel department in addition to the main compensation package, as an aid to motivate employees to perform and over-fulfill work, work outside working hours, as compensation to employees if they used their own equipment, tools, cars, to perform work tasks.
5.3. Choosing non-material incentives from the list above, department heads and personnel department employees choose from one to several incentives, not exceeding the limit set for each category of positions in accordance with Appendix 4.
5.4. Selected non-material incentives are approved by the HR director and transferred to employees personnel department for implementation.
5.5. The list of non-material incentives can be supplemented by decision CEO on the basis of certain requests and wishes of the organization's personnel, identified during the survey and questioning of personnel.
6. Requirements for the design and implementation of events
* In the section "Requirements for the design and implementation of events" specify:
- the main requirements and procedure for filing a submission (petition) when applying certain types of incentives, benefits and additional incentives;
– rules and terms for approval of submissions (petitions);
- the way they are approved.
6.1. Incentive measures are not applied to employees who have committed at least one disciplinary offense during the period being assessed, and who have a disciplinary sanction in connection with this, since the indispensable basis for the application of incentive measures is the conscientious performance by the employee of his labor duties.
6.2. Conscientious is the performance of labor duties by an employee in accordance with the requirements for the performance of his work, in compliance with the rules and regulations established by the employment contract, job description, internal labor regulations, instructions and requirements for labor protection and other documents.
6.3. The idea of all types of incentives, the application for the inclusion of additional benefits in the main compensation package is drawn up by the immediate supervisor of the employee and submitted for approval HR director. After which the agreed submission (petition) Human Resource department submits for approval to CEO.
6.4. The idea of applying incentive measures that require monetary investment is consistent with accounting organizations.
6.5. At the time of agreement Human Resource department and accounting has the right to demand from the originator of the submission additional documents and explanations confirming the existence of grounds (motive) for encouraging the employee.
6.6. Based on the agreed submission Human Resource department prepares a draft order to encourage an employee (or employees) and submits it to CEO along with the presentation.
6.7. Based on an agreed application to include additional benefits in the employee's basic compensation package Human Resource department prepares a draft order on the inclusion of additional benefits in the compensation package and submits it to CEO along with the request.
6.8. A submission on the application of non-material incentive measures is submitted by an authorized person for approval no later than two weeks before applying the incentive to the employee.
6.9. Term of coordination with the accounting department - five days from receipt of submission. Consistent representation accounting forwarded to the Human Resources Department.
6.10. Terms of coordination with the personnel department:
– three days from the date of receipt of the agreed accounting ideas about the application of measures of material incentives for the employee (employees);
– six days from the date of receipt of the submission on the application of measures of moral encouragement of the employee (employees).
6.11. General manager during five days from the date of receipt of the recommendation on the promotion and the draft order on the promotion of the employee (or employees) and, if there are grounds, considers and issues an order on the promotion of the employee (or employees).
6.12. General manager during five days from the date of receipt of the application for the inclusion of additional benefits in the basic compensation package of the employee (or employees) and the draft order, and if there are grounds, considers and issues an order for the inclusion of additional benefits in the basic compensation package of the employee (or employees).
6.13. The order to encourage the employee (employees) is introduced under the signature within three days from the date of signing the order CEO . The content of the order is brought to the attention of the labor collective at general meeting employees or by placing an appropriate announcement on the Information Board and the corporate website of the organization.
6.14. Information about awards and other incentives provided for by the legislation of the Russian Federation is entered into the work book and personal card of the employee, as well as collective agreements, internal labor regulations of the organization, charter and regulation on discipline of the organization "...........".
7. The procedure for implementing the rules and regulations of the Regulation
* In the section "Procedure for the implementation of the rules and regulations of the Regulations" indicate the person responsible for planning, organizing and implementing measures for non-material incentives for employees. Describe the rules and deadlines for planning, organizing and implementing non-material incentives for employees
7.1. Heads of departments in agreement with HR director plan a monthly package of non-material incentives for subordinate employees based on the results for the month and submit it for approval to personnel department.
7.2. Human Resource department plans, organizes and conducts all activities provided for by these Regulations.
7.3. V individual cases provided by the budget, Human Resource department may engage third parties to provide services for organizing corporate events.
7.4. The plan of measures and regulations for their implementation is drawn up by the personnel department and approved HR director for a year after summing up and reporting for the past financial year.
Most general rights and obligations of employees and employers are enshrined in Art. 2, 127, 129 Labor Code of the Russian Federation. Employees are obliged to work honestly and conscientiously, observe labor discipline, timely and accurately execute orders and orders of the administration, increase labor productivity, improve product quality, comply with technological discipline, labor protection, safety and industrial sanitation requirements, take care of property.
The administration of enterprises, institutions, organizations is obliged to properly organize the work of employees, create conditions for the growth of labor productivity, ensure labor and production discipline, steadily comply with labor legislation and labor protection rules, be attentive to the needs and requests of workers, and improve their working and living conditions.
Art. 8.9 of the Regulations on the federal public service, approved by Decree of the President of the Russian Federation of December 22, 1993 No. 2267 (as amended on April 29, 1994), it is established that civil servant must:
1. exercise powers within the limits of the rights granted to him and in accordance with his official duties;
2. execute orders, orders and instructions of superiors in order of subordination, issued within their official powers, with the exception of obviously illegal ones;
3. maintain the level of qualifications necessary for the performance of official duties;
4. comply with the norms of professional ethics and the official regulations established in the state body;
5. not to take actions that impede the work of public authorities, as well as undermine the authority of the public service.
He has the right:
1. require written registration of the content and scope of official powers for the relevant public office and creation of organizational and technical conditions for their implementation;
2. make decisions or participate in their preparation in accordance with official authority;
3. request in due course and receive free of charge from government agencies, enterprises, institutions, organizations, citizens and public associations information and materials necessary for the performance of official duties;
4. for promotion, an increase in the amount of the salary, taking into account the results of work and the level of qualification;
5. get acquainted, upon request, with all the materials of his personal file, reviews of his activities and other documents before entering them into the personal file, and also demand that his explanations be attached to the personal file;
6. to demand an official investigation to refute information discrediting his honor and dignity;
7. to retire.
promotion- this is a public recognition of the results of the work of employees, which is carried out with the help of various incentives (moral and material), as well as by providing benefits and benefits.
Incentive measures, depending on the social significance of the merits of employees, are divided into two groups: incentives for success in work and incentives for special labor merits.
Incentives for success in work can be divided into: material and moral. As a rule, incentives are applied individually. In some cases, incentive measures may be applied to teams of brigades, sections, workshops, and enterprises.
Success in work serves as the basis for the application of the following incentives:
1. declaration of gratitude;
2. issuance of an award;
3. rewarding with a valuable gift;
4. awarding a certificate of honor;
5. entry in the Book of Honor or on the Board of Honor.
In accordance with labor legislation, labor discipline is also achieved using the method of coercion. In necessary cases, violators can be brought to disciplinary responsibility, that is, disciplinary measures are applied to them - disciplinary sanctions.
The basis for bringing an employee to disciplinary liability is the same type of offense - a disciplinary offense, which is understood as an unlawful, guilty failure to perform or improper performance by an employee of the labor duties assigned to him, entailing the application of disciplinary or social measures, as well as other legal measures. impact under applicable law.
Thus, as conditions for bringing an employee to disciplinary responsibility, the following should be singled out:
a) non-fulfillment by the employee of labor duties provided for by the current labor legislation;
b) the fault of the employee (intentional or negligent);
c) the illegal nature of the employee's actions that violate the internal labor regulations, labor legislation.
Disciplinary responsibility is usually divided into general and special.
All employees may be held liable for general disciplinary liability for violations of internal labor regulations. General disciplinary responsibility involves the application of a disciplinary sanction to the violator of labor discipline, provided for in Art. 135 of the Labor Code of the Russian Federation and the internal labor regulations. These charges are:
1. remark;
2. reprimand;
3. severe reprimand;
4. dismissal.
The specified list of penalties is exhaustive and is not subject to additions to the local internal labor regulations.
Special disciplinary responsibility is borne by employees who are subject to statutes and discipline regulations that provide for more severe penalties. These include:
1. Prosecutor's employees, on whom for non-fulfillment or improper fulfillment of their official duties and the commission of offenses discrediting the honor of a prosecutor's worker, the following disciplinary sanctions are imposed:
1. remark;
2. reprimand;
3. severe reprimand;
4. demotion in class rank;
5. deprivation of the badge "For irreproachable service in the Prosecutor's Office of the Russian Federation";
6. deprivation of the badge "Honorary Worker of the Prosecutor's Office of the Russian Federation";
7. warning about incomplete service compliance;
8. dismissal from the prosecutor's office;
2. civil servants, workers railway transport, employees of organizations with especially dangerous production in the field of the use of atomic energy and other categories of employees (sea, river transport).
The statutory rules for imposing disciplinary action, which are as follows:
1. imposed by the head of the enterprise or his deputy;
2. when imposing disciplinary sanctions, the circumstances under which the misconduct was committed, the previous work and behavior of the employee, the severity of the misconduct committed must be taken into account;
3. before imposing a penalty from the employee must be received in writing explanation;
4. only one disciplinary sanction is imposed for one misconduct;
5. Penalty is imposed on the employee no later than 1 month from the date of his discovery, not counting the time of illness of the employee or his stay on vacation. Penalty cannot be imposed later than 6 months from the day the misconduct was committed, and based on the results of the audit - no later than 2 years from the day it was committed. The above time limits do not include the time of criminal proceedings. In doing so, it should be borne in mind that:
1. a one-month period for imposing a disciplinary sanction should be calculated from the day the misconduct was discovered;
2. The day when a misdemeanor is discovered, from which the monthly period begins, is considered the day when the person to whom the employee is subordinate in the service became aware of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions;
3. by virtue of the law, within a month for the application of a disciplinary sanction, only the time of illness of the employee or his stay on vacation is not counted; absence from work for other reasons, including in connection with the use of rest days (days off), regardless of their duration (for example, with a rotational method of organizing work), does not interrupt the course of the specified period;
4. leave interrupting the course of a month should include all holidays provided by the administration in accordance with applicable law, including annual (basic and additional) holidays, holidays in connection with studying at educational institutions, short-term holidays without pay and other;
3. the order is communicated to the employee against receipt;
4. An employee is considered not subjected to a disciplinary sanction if, within a year from the date of its application, he is not subjected to a new disciplinary sanction.
For violation of labor discipline, the administration has the right to apply a disciplinary sanction to the employee even when, before committing this misconduct, he filed an application for termination of the employment contract on his own initiative, since the employment relationship in this case is terminated only after the notice period for dismissal expires.
In the event that the administration, in accordance with Art. 138 of the Labor Code of the Russian Federation, instead of applying a disciplinary sanction to an employee, referred the issue of violation of labor discipline to the consideration of the labor collective, by the decision of which measures of public influence were applied to the employee, the administration does not have the right to subject the violator to disciplinary action for the same misconduct, since it did not use the right granted to it bring the employee to disciplinary responsibility.
Lecture 13
Housing law.
1. The concept and principle of housing law
Housing law, *in the narrow sense* - the subjective right of a particular person to housing; * in a broad sense * - an institution (a sub-branch of civil law), which includes the norms of other branches of law devoted to housing relations or relations related to housing (administrative, land, financial and environmental law).
The subject of regulation of housing law *in a broad sense* are housing legal relations arising in accordance with paragraph 1 of Art. 4 ZhK RF:
On the emergence / exercise / change / termination of the right to own, use and dispose of residential premises of the state and municipal housing stock
Use of residential premises of private housing stock
Use of common property
Attribution of premises to the number of residential premises and their exclusion from the housing stock
· Accounting for the housing stock
Refurbishment/remodeling of residential premises
management apartment buildings
Creation of activities of housing and housing-construction cooperatives, partnerships, homeowners, rights and obligations of their members
Provision of public services
・Payment of housing fees public Utilities
Control over the use and safety of the housing stock in accordance with the compliance of residential premises with established sanitary and technical standards and other legislation
Subjects (participants) of housing legal relations in accordance with paragraph 2, paragraph 4 of Art. LCD of the Russian Federation - are individuals / legal entities, the Russian Federation and its subjects, as well as municipalities.
Subject, method, principles and meaning of labor law
Subject of labor law:
relations between the employer and the employee in connection with the performance by the latter of a certain labor function;
organizational and managerial relations with the participation of administration, trade unions, labor collectives, and other bodies;
social partnership relations;
relations on the employment of citizens and employment;
relations on vocational training (vocational training, retraining and advanced training of personnel) directly with the employer;
relations arising from violations of labor discipline;
relations related to the liability of employers and employees in the labor sphere;
relations to resolve individual and collective labor disputes;
relations to ensure the conditions and labor protection of employees;
relations for the implementation of control and supervision over compliance with labor laws;
relationship to resolve labor disputes.
Labor law method:
a combination of centralized, regional and local legal regulation;
a combination of normative and contractual ways of regulating public relations;
participation of labor collectives and trade unions in the regulation of social relations.
Labor law principles- guiding principles that determine the essence, directions of development of this branch of law:
freedom of labor;
prohibition of forced labor;
prohibition of discrimination in the field of labor relations;
promotion of employment and protection against unemployment;
unity and differentiation of working conditions in accordance with the requirements of safety, hygiene, increased labor protection of certain categories of workers;
equality of rights and opportunities for employees;
ensuring the right to remuneration for work not lower than that established by federal law minimum size wages;
ensuring the right to rest;
assistance professional development employee, training;
recognition of the right to individual and collective labor disputes, including the right to strike;
state guarantees of observance of the labor rights of employees;
state and public control and supervision over compliance with labor laws;
participation of associations of workers, employers, labor collectives in the regulation of labor relations;
ensuring the right of employees to participate in the management of the organization;
the unity of the principles of normative regulation of labor relations for organizations of any organizational and legal forms;
invalidity of the terms of labor contracts that worsen the position of employees in comparison with the law.
Sources of labor law:
Constitution of the Russian Federation
Federal Laws (Labor Code and others)
Decrees of the President of the Russian Federation
Normative acts of the Government of the Russian Federation, the Ministry of Labor and Social Development of the Russian Federation
Laws and other normative acts of the constituent entities of the Russian Federation
Acts of local governments
Local regulations
Regional, industry, professional agreements
Generally recognized principles and norms international law, international treaties
Labor law reform
Labor law reform includes:
the emergence of the institution of employment;
individualization of labor relations;
transition from predominantly centralized to predominantly local regulation;
a clear delineation of the functions of the state and the employer;
creation of conditions for the functioning of the employer in market relations;
achieving the optimal level of combining the interests of employees and the employer;
changing the functions of trade unions in the direction of protecting the interests of workers;
increasing the role of labor collectives;
development of labor procedural law;
strengthening control and responsibility for violations of labor rights of employees;
real enforcement and protection of labor rights of workers.
Social partnership in the sphere of labor
Social partnership- a system of relations between employees (representatives of employees), employers (representatives of employers), state authorities, local governments, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them.
Basic principles of social partnership (Article 24 of the Labor Code of the Russian Federation):
equality of the parties;
respect and consideration of the interests of the parties;
the interest of the parties in participating in contractual relations;
state assistance in strengthening and developing social partnership on a democratic basis;
observance by the parties and their representatives of laws and other regulatory legal acts;
the authority of the representatives of the parties;
freedom of choice when discussing issues within the scope of work;
voluntariness of acceptance of obligations by the parties;
the reality of the obligations assumed by the parties;
obligation to fulfill collective agreements, agreements;
control over the implementation of adopted collective agreements, agreements;
responsibility of the parties, their representatives for non-fulfillment through their fault of collective agreements, agreements.
Forms of social partnership:
collective negotiations on the preparation of draft collective agreements, agreements and their conclusion;
mutual consultations (negotiations) on the issues of regulating labor relations and other relations directly related to them, ensuring guarantees of the labor rights of employees and improving labor legislation;
participation of employees and their representatives in the management of the organization;
participation of representatives of employees and employers in pre-trial resolution of labor disputes.
Collective agreement- a legal act regulating social and labor relations and concluded by employees and the employer represented by their representatives.
Agreement - a legal act establishing general principles regulation of social and labor relations and related economic relations, concluded between the authorized representatives of employees and employers at the federal, regional, sectoral (intersectoral) and territorial levels within their competence.
The collective agreement may include mutual obligations of the employer and employees on the following issues:
form, system and amount of remuneration, monetary rewards, allowances, compensations, additional payments;
a mechanism for regulating wages based on rising prices, inflation, meeting the targets set by the collective agreement;
employment, retraining, conditions for the release of workers;
duration of working time and time of rest, holidays;
improvement of working conditions and labor protection of workers, including women and youth (teenagers);
observance of the interests of employees during the privatization of an organization, departmental housing;
environmental safety and health protection of workers at work;
guarantees and benefits for employees who combine work with education;
health improvement and recreation of employees and their families;
control over the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the functioning of employee representatives;
Refusal to strike if the relevant conditions of the collective agreement are met.
The collective agreement, taking into account the financial and economic situation of the employer, may establish benefits and benefits for employees, working conditions that are more favorable compared to established laws, other regulatory legal acts, agreements.
The collective agreement includes regulatory provisions if the legal and other regulatory legal acts contain a direct instruction on the mandatory fixing of these provisions in the collective agreement (Article 41 of the Labor Code of the Russian Federation).
The collective agreement is concluded for a period not exceeding three years.
The collective agreement comes into force from the moment of its signing by the parties or from the date specified in the collective agreement, and is valid for the entire period.
The collective agreement remains valid in the event of a change in the name of the organization, termination of the employment contract with the head of the organization.
The main forms of participation of employees in the management of the organization:
taking into account the opinion of the representative body of employees in cases provided for by the Labor Code, the collective agreement;
holding consultations with the employer by representative bodies of employees on the adoption of local regulations containing labor law norms;
obtaining information from the employer on issues directly affecting the interests of employees;
discussion with the employer of questions about the work of the organization, making proposals for its improvement;
participation in the development and adoption of collective agreements;
other forms determined by the Labor Code, founding documents organization, collective agreement or local regulatory act of the organization.
Representatives of employees have the right to receive information from the employer on:
reorganization or liquidation of the organization;
introductions technological change entailing a change in the working conditions of workers;
professional training, retraining and advanced training of employees;
on other issues provided for by the Labor Code, other federal laws, the constituent documents of the organization, the collective agreement.
Representatives of employees also have the right to submit appropriate proposals on these issues to the management bodies of the organization and participate in meetings of these bodies when they are considered.
Labor contract
Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by the Labor Code, laws and other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, timely and in full to pay wages to the employee, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force in the organization.
surname, name, patronymic of the employee and the name of the employer who concluded the employment contract;
place of work (indicating the structural unit);
date of commencement of work;
the name of the position, specialty, profession, indicating qualifications in accordance with staffing organization or specific job function.
the rights and obligations of the employee;
the rights and obligations of the employer;
characteristics of working conditions, compensations and benefits to employees for work in difficult, harmful and (or) dangerous conditions;
mode of work and rest;
terms of remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments);
types and conditions of social insurance directly related to labor activity;
other conditions that do not worsen the position of the employee in comparison with the Labor Code, laws and other regulatory legal acts, collective agreements, agreements.
The terms of the employment contract can be changed only by agreement of the parties and in writing.
If a fixed-term employment contract is concluded, it shall indicate the period of its validity and the circumstance (reason) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code and other federal laws.
Term of the employment contract:
indefinite term;
a fixed period of not more than five years (fixed-term employment contract).
Parties to the employment contract:
an employee - a citizen from the age of 16 (from the age of 15 - in the case of receiving a basic general education or leaving a general education institution, from the age of 14 - working in his spare time from school with the consent of one of the parents (guardian, trustee) and the guardianship and guardianship authority)
employer - a citizen, an individual entrepreneur or an organization of any organizational and legal form.
The employment contract is concluded in writing. Employment is made out by the order (instruction) of the employer. The order (instruction) is announced to the employee against receipt.
When concluding an employment contract, a test may be stipulated by agreement of the parties in order to verify the compliance of the employee with the work assigned to him. The test condition must be specified in the employment contract.
The period of probation, unless otherwise established by law, may not exceed three months, and in some cases established by the Labor Code (Article 70 of the Labor Code) - six months.
If the probation period has expired, and the employee continues to work, he is considered to have passed the probation, and the subsequent termination of the employment contract is allowed only on general grounds.
If the result of the test is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test (Article 71 of the Labor Code of the Russian Federation) .
Basic rights and obligations of an employee(Article 21 of the Labor Code of the Russian Federation):
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, other federal laws;
providing him with a job stipulated by an employment contract;
workplace corresponding to the conditions stipulated state standards organization and labor safety and collective agreement;
timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave;
full reliable information about working conditions and labor protection requirements at the workplace;
vocational training, retraining and advanced training in accordance with the procedure established by the Labor Code and other federal laws;
association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;
participation in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement;
conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;
protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code and other federal laws;
compensation for harm caused to an employee in connection with the performance of his labor duties, and compensation for moral damage in the manner prescribed by the Labor Code, other federal laws;
compulsory social insurance in cases stipulated by federal laws.
The employee is obliged:
conscientiously fulfill their labor duties assigned to him by the employment contract;
comply with the internal labor regulations of the organization;
observe labor discipline;
comply with established labor standards;
comply with the requirements for labor protection and ensuring labor safety;
take care of the property of the employer and other employees;
immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer.
Basic rights and obligations of the employer(Article 22 of the Labor Code)
The employer has the right:
conclude, amend and terminate employment contracts with employees in the manner and on the terms established by the Labor Code and other federal laws;
conduct collective negotiations and conclude collective agreements;
encourage employees for conscientious efficient work;
demand from employees the performance of their labor duties and respect for the property of the employer and other employees, compliance with the internal labor regulations of the organization;
involve employees in disciplinary and liability in the manner prescribed by the Labor Code, other federal laws;
adopt local regulations;
create associations of employers in order to represent and protect their interests and join them.
The employer is obliged:
comply with laws and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and employment contracts;
provide employees with work stipulated by the employment contract;
ensure labor safety and conditions that meet the requirements of labor protection and hygiene;
provide workers with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;
provide workers with equal pay for work of equal value;
pay in full the wages due to employees within the time limits established by the Labor Code, the collective agreement, the internal labor regulations of the organization, labor contracts;
conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by the Labor Code;
provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;
timely comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws, other regulatory legal acts containing labor law norms;
consider the submissions of the relevant trade union bodies, other representatives elected by employees about the revealed violations of laws and other regulatory legal acts containing labor law norms, take measures to eliminate them and report the measures taken to these bodies and representatives;
create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement;
provide for the everyday 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 on the conditions established by the Labor Code, federal laws and other regulatory legal acts;
perform other duties stipulated by the Labor Code, federal laws and other regulatory legal acts containing labor law norms, a collective agreement, agreements and employment contracts.
Changing the employment contract- transfer to another permanent job in the same organization at the initiative of the employer, that is, a change in the labor function or a change in the essential terms of the employment contract, as well as a transfer 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 (Article 72 of the Labor Code).
For reasons related to changes in organizational or technological working conditions, it is allowed to change the essential terms of the employment contract determined by the parties at the initiative of the employer, while the employee continues to work without changing the labor function. The employer must notify the employer in writing of the introduction of these changes no later than two months before their introduction (Article 73 of the Labor Code).
Temporary transfers without the consent of the employee:
In case of production necessity, the employer has the right to transfer the employee for a period of up to one month to work not stipulated by the employment contract in the same organization with remuneration for the work performed, but not lower than the average earnings for the previous job. Such a transfer is allowed to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, accident or natural disaster; to prevent accidents, downtime (temporary suspension of work due to economic, technological, technical or organizational reasons), 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 a transfer to another job to replace an absent employee cannot exceed one month during a calendar year (from January 1 to December 31).
Grounds for termination of an employment contract (contract)(Article 77 of the Labor Code):
agreement of the parties (Article 78);
expiration of the term of the employment contract (paragraph 2 of Article 58), except in cases where the employment relationship actually continues and neither of the parties has demanded its termination;
termination of the employment contract at the initiative of the employee (Article 80);
termination of the employment contract at the initiative of the employer (Article 81);
transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);
refusal of the employee to continue work in connection with a change in the owner of the property of the organization, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75);
refusal of the employee to continue work in connection with a change in the essential terms of the employment contract (Article 73);
the employee's refusal to be transferred to another job due to a state of health in accordance with a medical report (part two of Article 72);
refusal of the employee to transfer in connection with the relocation of the employer to another locality (part one of Article 72);
circumstances beyond the control of the parties (Article 83);
violation of the rules for concluding an employment contract established by the Labor Code or other federal law, if this violation excludes the possibility of continuing work (Article 84).
The employee has the right to terminate the employment contract by notifying the employer in writing two weeks in advance.
By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.
In cases where the employee's application for dismissal on his initiative (on own will) due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of laws and other regulatory legal acts containing labor law, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate employment contract within the period specified in the employee's application. Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract. (Article 80 of the Labor Code)
The employment contract may be terminated by the employer in the following cases (Article 81 of the Labor Code):
liquidation of the organization or termination of activities by the employer - an individual;
reduction in the number or staff of the organization's employees;
non-compliance of the employee with the position held or the work performed due to:
a) the state of health in accordance with the medical report;
b) insufficient qualifications, confirmed by the results of attestation;
change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);
repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;
6) single gross violation worker duties:
a) absenteeism (absence from the workplace without good reason for more than four consecutive hours during the working day);
b) appearing at work in a state of alcoholic, narcotic or other toxic intoxication;
c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties;
d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a body authorized to apply administrative penalties;
e) violation by the employee of labor protection requirements, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;
the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;
the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
submission by the employee to the employer of false documents or knowingly false information when concluding an employment contract;
termination of access to state secrets, if the work performed requires access to state secrets;
stipulated by the employment contract with the head of the organization, members of the collegial executive body organizations;
in other cases established by the Labor Code and other federal laws.
Dismissal on the grounds specified in paragraphs 2 and 3 of Article 81 of the Labor Code is allowed if it is impossible to transfer the employee with his consent to another job.
It is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activity by the employer - an individual) during the period of his temporary disability and during the period of vacation.
When deciding to reduce the number or staff of employees of an organization and the possible termination of employment contracts with employees in accordance with paragraph 2 of Article 81 of the Labor Code, the employer is obliged to notify the elected trade union body of this organization in writing no later than two months before the start of the relevant events , and if the decision to reduce the number or staff of the organization's employees can lead to mass layoffs of employees - no later than three months before the start of the relevant events. Criteria for mass layoffs are determined in industry and (or) territorial agreements.
The dismissal of employees who are members of a trade union, under paragraph 2, subparagraph "b" of paragraph 3 and paragraph 5 of Article 81 of the Labor Code, is carried out taking into account motivated opinion an elected trade union body of a given organization (Article 82 of the Labor Code).
Grounds for termination of an employment contract due to circumstances beyond the control of the parties:
conscription of an employee for military service or sending him to an alternative civilian service that replaces it;
reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court (if it is impossible to transfer the employee with his consent to another job);
non-election to office;
condemnation of the employee to a punishment that precludes the continuation of the previous work, in accordance with a court verdict that has entered into force;
recognition of an employee as completely disabled in accordance with a medical report;
death of an employee or employer - individual, as well as recognition by the court of an employee or employer - an individual as dead or missing;
the onset of emergency circumstances preventing the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a public authority of the corresponding subject of the Russian Federation.
Upon termination of the employment contract in connection with the liquidation of the organization (paragraph 1 of Article 81) or the reduction in the number or staff of the organization's employees (paragraph 2 of Article 81), the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).
In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the public employment service agency, provided that the employee applied to this agency within two weeks after dismissal and was not employed by him.
severance pay in the amount of two weeks average earnings is paid to employees upon termination of the employment contract in connection with:
inconsistency of the employee with the position held or the work performed due to a state of health that prevents the continuation of this work (subparagraph "a" of paragraph 3 of Article 81);
conscription of an employee for military service or sending him to an alternative civilian service that replaces it (paragraph 1 of article 83);
reinstatement at work of an employee who previously performed this work (paragraph 2 of article 83);
refusal of the employee to transfer in connection with the relocation of the employer to another locality (clause 9 of article 77).
An employment contract or a collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay (Article 178 of the Labor Code).
When reducing the number or staff of the organization's employees, the preferential right to remain at work is granted to employees with higher labor productivity and qualifications. With equal labor productivity and qualifications, preference is given to staying at work: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood); persons in whose family there are no other self-employed workers; employees who have received a labor injury or occupational disease in this organization; disabled people of the Great Patriotic War and invalids of military operations for the defense of the Fatherland; employees who improve their skills in the direction of the employer on the job. The collective agreement may provide for other categories of employees of the organization that enjoy the preferential right to remain at work with equal labor productivity and qualifications (Article 179 of the Labor Code).
When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job ( vacant position) in the same organization, corresponding to the qualifications of the employee.
About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against receipt at least two months before the dismissal.
The employer, with the written consent of the employee, has the right to terminate the employment contract with him without notice of dismissal for two months with simultaneous payment additional compensation in the amount of two-month average earnings (Article 180 of the Labor Code).
In case of termination of the employment contract with the head of the organization, his deputies and the chief accountant in connection with the change of the owner of the organization, the new owner is obliged to pay specified employees compensation in the amount of not less than three average monthly earnings of the employee (Article 181 of the Labor Code).
Work time
Working hours - the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties.
The normal working hours of employees cannot exceed 40 hours per week (Article 91 of the Labor Code).
Reduced working hours (Article 92 of the Labor Code):
Normal hours of work are reduced by:
16 hours a week - for employees under the age of sixteen;
5 hours a week - for employees who are disabled people of group I or II;
4 hours per week - for employees aged sixteen to eighteen;
4 hours a week or more - for workers engaged in work with harmful and (or) hazardous conditions labor, in the manner prescribed by the Government of the Russian Federation.
The federal law may establish reduced working hours for other categories of employees (pedagogical, medical and other employees).
By agreement between the employee and the employer, it can be established both at the time of employment and subsequently part-time work or part-time work week. The employer is obliged to establish a part-time or part-time working week at the request of a pregnant woman, one of the parents (guardian, guardian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with a medical report. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him (Article 93 of the Labor Code).
Work outside normal working hours can be carried out:
at the initiative of the employee (part-time job) - work cannot exceed four hours a day and 16 hours a week (Article 98 of the Labor Code);
at the initiative of the employer (overtime work).
Overtime work- work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period.
Involvement in overtime work is carried out by the employer with the written consent of the employee in the following cases:
in the performance of work necessary for the defense of the country, as well as to prevent a production accident or eliminate the consequences of a production accident or natural disaster;
when performing socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate unforeseen circumstances that disrupt their normal functioning;
if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to specifications production could not be performed (completed) during the normal number of working hours, if failure to perform (non-completion) of this work may entail damage or destruction of the property of the employer, state or municipal property, or create a threat to life and health of people;
in the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause the cessation of work for a significant number of employees;
to continue work if the replacement employee does not appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.
In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization.
It is not allowed to involve pregnant women, workers under the age of eighteen, and other categories of workers in overtime work in accordance with federal law. Involvement of disabled people, women with children under the age of three years, to overtime work is allowed with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. At the same time, disabled people, women with children under the age of three, must be familiarized in writing with their right to refuse overtime work.
Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. (Article 99 of the Labor Code).
Time relax
Rest time - the time during which employees are free from their work duties:
breaks for rest and meals during the working day (Article 102 of the Labor Code);
daily (between shifts) rest;
days off (weekly uninterrupted rest) - at least 42 hours (Articles 110, 111 of the Labor Code);
holidays(Article 112 of the Labor Code);
vacations (annual, additional, without pay, others).
Annual basic paid leave is granted to employees for 28 calendar days. Annual basic paid leave lasting more than 28 calendar days (extended basic leave) is granted to employees in accordance with the Labor Code and other federal laws.
Annual additional paid leave is granted to employees employed in jobs with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by federal laws.
Organizations, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations.
Paid leave must be granted to the employee annually. The right to use leave for the first year of work arises for the employee after six months of his continuous work in this organization. By agreement of the parties, an employee may be granted paid leave before the expiration of six months.
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:
women - before maternity leave or immediately after it;
employees under the age of eighteen;
employees who have adopted a child (children) under the age of three months;
in other cases stipulated by federal laws.
Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established in this organization (Article 122 of the Labor Code).
The sequence of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of this organization no later than two weeks before the start of the calendar year. The vacation schedule is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation no later than two weeks before it starts.
Annual paid leave must be extended in the following cases:
temporary disability of an employee;
performance by the employee during the annual paid leave of state duties, if the law provides for this exemption from work;
in other cases provided for by laws, local regulations of the organization.
The annual paid leave, by agreement between the employee and the employer, is postponed to another period if the employee was not paid in time for this vacation or the employee was warned about the start time of the vacation later than two weeks before it began.
In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of the organization's work, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted. It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions.
A part of the vacation exceeding 28 calendar days, upon a written application of the employee, may be replaced by monetary compensation. Replacing leave with monetary compensation for pregnant women and employees under the age of eighteen, as well as employees engaged in hard work and work with harmful and (or) dangerous working conditions, is not allowed.
By family circumstances and other valid reasons, the employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.
The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave:
participants of the Great Patriotic War - up to 35 calendar days a year;
working old-age pensioners (by age) - up to 14 calendar days a year;
parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;
working disabled people - up to 60 calendar days a year;
employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;
in other cases provided for by the Labor Code, other federal laws or a collective agreement (Article 128 of the Labor Code).
Concept, meaning, principles, sources, labor law reform
Employment contract, the procedure for its conclusion, amendment, termination
Working hours and rest time
Guidelines
Labor legislation plays a crucial role in ensuring the rights of citizens in the sphere of labor relations. Currently, areas of reform of labor law are being intensively discussed in order to ensure a balance of interests of workers and employers in accordance with realities. market economy taking into account the need for increased protection of the rights and interests of employees. In December 2002, a new Labor Code was adopted, which should form the legal basis for conducting a practical lesson.
First of all, students should understand the subject, method and principles of labor law, as well as the basic concepts of its reform. On the issue of the collective agreement, it is important to understand its significance for the protection of the labor rights of workers; if possible, consider the content of real collective agreements concluded in various organizations.
Considerable attention should be paid resolution of practical disputes related to hiring, transfers, termination of labor relations. As a rule, the difficulty is caused by questions of determining the moment of concluding an employment contract, the legal consequences of establishing a test when applying for a job; the procedure for dismissal of employees at the initiative of the employer. It is possible to conduct a business game on this topic with the simulation of various legal situations to resolve the relevant labor disputes.
A significant number of violations of the rights of workers in modern conditions occurs in the field of regulation of working time and rest time, which predetermines the need for a careful study of the norms of the Labor Code of the Russian Federation devoted to these issues. It is important to understand the essence of different types of working time (part-time, reduced). especially should be considered
With the painter Sinelnikov, the plant concluded contract of employment on painting the premises of the working locker room with payment upon completion of work. A month after the end of work, Sinelnikov demanded, in addition to the agreed payment, to pay him compensation for unused vacation.
Is his claim correct? What kind of relationship with the plant was Sinelnikov? (see section 3 of the TC)
The publishing house entered into an agreement with Professor Simonov on the publication of his textbook. Editing of the textbook was entrusted to the senior editor of the publishing house Fadeeva.
What legal relationship do these persons have with the publishing house? (see section 3 of the TC)
When applying for a job as an economist in the financial department in the personnel department, the following documents were required from Smirnova: 1) a passport; 2) work book; 3) diploma of higher education; 4) health certificate; 5) a reference from the previous place of work.
Is the administration's demand to provide Smirnova with all the above documents justified? (see section 3 of the TC)
On March 10, citizen Karasev applied to the personnel department of the printing plant with an application for a job as a printer of the 3rd category. The personnel department accepted his application, received his consent to undergo a monthly test and sent the worker to the workshop, where he began work on March 11. The order for his employment was issued only on March 14.
After working for two weeks, Karasev fell ill and spent a whole week on sick leave. When he went to work at the beginning of the fourth week, he was called to the personnel department, where he was informed of the director's order that from the next day he was dismissed as having failed the test.
Since when was an employment contract concluded with Karasev? Is he legally assigned a test when applying for a job? Is Karasev legally fired, and where can he appeal the dismissal decision if he considers it illegal? (see section 3 of the TC)
The driver Ivashov, who was hired by the factory as a driver of a passenger car, was transferred to another job as a loader in connection with the car being sent for repair. However, Ivashov refused this translation. For refusal, the administration fired him for absenteeism (paragraph a), paragraph 6, article 81 of the Labor Code of the Russian Federation).
Ivashov filed a lawsuit for reinstatement in his previous job.
What is the procedure for transferring to another job in case of downtime? What decision should the court make? (see section 3 of the TC)
Economist Timofeeva was transferred from planning department publishers to the supply department; the terms of reference, working hours, wages and other working conditions have not changed. Timofeeva appealed against the transfer to the commission on labor disputes, as having been made without her consent.
What decision should the labor dispute committee make? Will the solution of the problem change if the supply department is located in another structural unit located in another area of the city? Make a decision of the commission on labor disputes. (see section 3 of the TC)
Konkov entered into an employment contract for 5 years to work in the Far North as a machine tool adjuster. After working for a year and a half, he filed an application with a request to dismiss him of his own free will.
Does Konkov have the right to demand dismissal of his own free will? What is the procedure for terminating an employment contract at the initiative of an employee? (see section 3 of the TC)
In connection with the reduction in the volume of work, the director issued an order to reduce the positions of employees economic services printing houses. Economists were laid off: Ivanova, who does not have a special education; Sokolova, who worked in the printing house for only six months, is a pensioner Chernyshova. The elected trade union body agreed to the dismissal of these workers. Subsequently, it turned out that Sokolova was pregnant.
What is the procedure for laying off workers for redundancy? What guarantees are provided by the law to the released workers? Are the actions of the administration legal under the terms of the assignment? (see sections 3, 7 of the Labor Code)
Locksmith Shchukin was dismissed by the administration of the plant for systematic violations of labor discipline under paragraph 5 of Art. 81 of the Labor Code of the Russian Federation. Challenging the legality of the dismissal, Shchukin wrote that he did commit violations of labor discipline, but no penalties were announced to him for them.
What is the procedure for dismissing an employee for systematic failure to perform his job duties without good reason? Does it legal dismissal Shchukin, and where can he apply if he considers his dismissal illegal? Is the consent of the elected trade union body required for dismissal on this basis? In what cases is the prior consent of the relevant elected trade union body required for dismissal at the initiative of the employer? (see section 3 of the TC)
The minor worker Markin was fired by the administration of the printing house under paragraphs. d) Clause 6 of Article 81 of the Labor Code of the Russian Federation due to the fact that he was detained at the checkpoint with three copies of a book printed in a printing house.
Is Markin's dismissal legal? What kind Additional requirements must be observed by the administration when dismissing a minor employee? In what cases and under what conditions is dismissal allowed underage workers downsizing or downsizing? (see section 3, 7 of the Labor Code, Chapter 42 of the Labor Code)
The General Meeting of Shareholders decided to dismiss the Director of JSC due to non-receipt in the reporting year joint stock company the planned profit.
Is it possible to dismiss an employee on such a basis? Is it possible to dismiss an employee on grounds not specified in the law? (see section 3, 7, chapter 43 of the Labor Code)
In connection with the receipt of a profitable order, the director of the printing house, in agreement with the elected trade union body, issued an order to increase the working day for workers in the main shops by two hours.
Are the actions of the director and the elected trade union body legal? Why? (see section 4 of the TC)
Pavlova went to work at a publishing house as a proofreader with a 7-hour working day. Two years later, she turned to the administration with a request to establish a four-hour working day for her, since she was forced to care for her seriously ill mother. The administration, referring to the need for the employee to stay in this position for a full day, refused Pavlova's request, offering to resign of her own free will.
What length of the working day did Pavlova ask for? What are the grounds and procedure for its establishment? Are the actions of the administration legal? (see section 4 of the TC)
The collective agreement of the enterprise contains a condition according to which persons who violate labor discipline, in particular, those who are late for work and absenteeism, can be involved in overtime work without any additional payment.
Is this condition of the collective agreement legal? In what cases and in what order are overtime work performed? How are they paid? (see sections 4, 6 TC)
The underage worker Potapov, hired on March 12, in June of the same year turned to the administration with a request to grant him annual leave from July 1.
After what period of work does an employee have the right to leave? What is the procedure for granting annual leave for the second and subsequent years of work?
Is Potapov's request based on law? What categories of employees are granted leave before the end of 11 months of continuous work? (see section 5 and chapter 42 of the Labor Code)
The head of the publishing department, Medvedev, did not use his annual leave due to business needs and demanded monetary compensation for it.
Is it allowed and in what cases, in what order is the transfer of annual leave to next year and how is this vacation used? Can Medvedev be paid compensation for unused vacation? (see section 5 of the TC)
Due to the lack of orders, the director of the printing house suggested that all employees of the main shops go on vacation without pay for a period of 20 days. The workers did not agree to such leave, and the director threatened to take disciplinary action against them.
Are the director's actions legal? Are employees entitled to demand payment in connection with their forced downtime? Who can pay for forced leave of employees? (see sections 4, 5 TC)
The seller of the Pushkin bookstore turned to the administration with a request to provide her study leave for passing tests and exams in the Moscow state university press, a student of the evening department of which she is. The administration, citing the impossibility of replacing Pushkina, offered her to work part-time during the session with pay in accordance with the hours worked.
Are the actions of the store management legal? What benefits do employees who combine work with study have? How are holidays paid in connection with studies in evening and correspondence higher and secondary specialized educational institutions? (see Chapter 26 of the Labor Code)
Labor law principles
Labor law reform
Termination of the employment contract at the initiative of the employer
Essence and meaning of social partnership
Vacation legislation
Primarily, students should understand concept, meaning, subject, method and principles of labor law, as well as the main concepts of its reform. The system of labor law is the distribution of industry norms by groups and institutions and their sequential arrangement depending on the essence of regulated social relations and the meaning of the norms. When studying this issue should be determined content of the General and Special (special) parts of labor law; characterize the main legal institutions of the industry. Sources of labor law include not only federal laws and by-laws, but also acts of the constituent entities of the Russian Federation. The importance of the norms of the Constitution in the regulation of labor relations should be emphasized. Agreements play a significant role in the system of normative acts on labor: general, sectoral, special, and also collective agreements. Important to pay attention on the content and principles of concluding a collective agreement, its significance for protecting the labor rights of workers.
Employment is formalized by the conclusion of a written employment contract. The student needs to know signs of an employment contract that make it possible to distinguish it from civil law contracts; pay attention to the scope of the subjects of the employment contract. The contents of the contract are necessary and additional terms determined by agreement of the parties. The student must understand the essence of these conditions; know the possible terms for concluding an employment contract and the conditions for their application. The legislation provides for a certain procedure for concluding an employment contract. It is necessary to find out what documents are required to conclude an employment contract, what are the obligations of the employer to apply for a job; what is a test, what is the procedure and consequences of its establishment.
In the process of labor activity, it often becomes necessary to change the content of an employment contract, which is called a translation and requires compliance with a certain order. The student should study various types of transfers of employees and the procedure for their implementation, including transfers in case of downtime, production needs. Termination of an employment contract is carried out on the grounds specified in the law: at the initiative of the employee, at the initiative of the employer; due to circumstances beyond the control of the parties; on other grounds listed in Article 77 of the Labor Code. Termination of the contract is carried out in the manner prescribed by law. Attention should be paid on the procedure for dismissal of employees on guilty and innocent grounds, in particular due to a reduction in the number or staff of employees, liquidation of the organization. It is important to understand that an employee can only be dismissed on the grounds provided for by law, which is an important guarantee for the protection of his labor rights.
A significant number of violations of the rights of workers in modern conditions occurs in the field of regulation of working time and rest time, which predetermines the need for a careful study of the norms of the Labor Code of the Russian Federation devoted to these issues. It is important to understand the essence of the different types of working time (normal, part-time, reduced). Particular consideration should be given cases and procedure for overtime work; the procedure for granting annual leave and leave without pay.
As a result of studying this topic the student must understand in the concept and meaning of labor law, its system, principles, sources. Attention should be paid on local sources of labor law - agreements and collective agreements. An important issue of the topic is the employment contract; you should know its features, content, form of conclusion, terms. Need to pay attention on the procedure for concluding, amending and terminating an employment contract (contract). Within the framework of the topic, one should also study the concept and types of working time, rest time; pay attention to the procedure for carrying out and paying for overtime work; the procedure for granting and transferring annual leave.
Useful information on labor law (news, consultations, books, periodicals, reviews) can be found on the website: http://labourlaw.report.ru/default.asp, the text of the Labor Code is available on the website http://www.garweb.ru /project/mintrud/tk/, consultations on various issues of labor law http://labourlaw.report.ru/_5FolderID_218_.html
- What is the procedure for hiring?
What social relations are regulated by labor law?
What is the essence of the principles of labor law?
What are the main directions of labor law reform?
What is a collective agreement? What is its approximate content and principles of conclusion?
What is an employment contract? How is it different from other types of contracts?
In what form and for how long can an employment contract be concluded?
What is a test when applying for a job, what are its terms and legal significance?
What are the legal grounds and procedure for terminating an employment contract?
In what cases and under what conditions are permanent and temporary transfers to another job possible?
What's happened work time and rest time?
What types of working time and rest time do you know?
What is the difference between reduced and part-time work?
In what cases and in what order is overtime work allowed? How are they paid?
What is the procedure for granting and transferring vacations?
The Constitution of the Russian Federation, any edition
Labor Code of the Russian Federation, 2002
Kashanina T.V., Kashanin A.V. Fundamentals of Russian law. - M., 2011
Right. A textbook for university students studying in economic specialties / Under the editorship of N.A. Teplova, M.V.
Labor law, textbook, most up-to-date edition
Labor law. Workshop / edited by K.N. Gusov. - M.: 1997
Legal regulation of wages
Remuneration of labor - a system of relations related to ensuring the establishment and implementation by the employer of payments to employees for their work in accordance with laws, other regulatory legal acts, collective agreements, agreements, local regulations and labor contracts.
Wage- remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments.
The main state guarantees for the remuneration of employees (Article 130 of the Labor Code):
the value of the minimum wage in the Russian Federation;
the value of the minimum tariff rate (salary) for employees of public sector organizations in the Russian Federation;
measures to ensure an increase in the level of the real content of wages;
limiting the list of grounds and amounts of deductions from wages by order of the employer, as well as the amount of taxation of income from wages;
limitation of wages in kind;
ensuring that the employee receives wages in the event of termination of the employer's activities and its insolvency in accordance with federal laws;
state supervision and control over the full and timely payment of wages and the implementation of state guarantees for wages;
responsibility of employers for violation of the requirements established by the Labor Code, laws, other regulatory legal acts, collective agreements, agreements;
terms and order of payment of wages.
Wages are paid in cash in the currency of the Russian Federation (in rubles). In accordance with a collective agreement or an employment contract, upon a written application of an employee, remuneration may also be made in other forms that do not contradict the legislation of the Russian Federation and international treaties of the Russian Federation. The share of wages paid in non-monetary form may not exceed 20 per cent of the total amount of wages.
The salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of the labor expended, and is not limited to a maximum amount. Any discrimination in the establishment and change of wages and other conditions of remuneration is prohibited.
Pay systems:
tariff;
tariff-free;
piecework;
time-based;
premium;
Wage systems, sizes tariff rates, salaries, different kind payments are set:
employees of organizations financed from the budget - by the relevant laws and other regulatory legal acts;
employees of organizations with mixed financing (budget financing and income from entrepreneurial activity) - laws, other regulatory legal acts, collective agreements, agreements, local regulations of organizations;
employees of other organizations - collective agreements, agreements, local regulations of organizations, labor contracts.
The system of remuneration and incentives for work, including an increase in pay for work at night, weekends and non-working holidays, overtime work and in other cases, is established by the employer, taking into account the opinion of the elected trade union body of this organization (Article 135 of the Labor Code).
Deductions from the employee's wages are made only in cases provided for by the Labor Code and other federal laws.
Deductions from the employee's salary to pay off his debt to the employer can be made (Article 137 of the Labor Code):
to reimburse the unworked advance payment issued to the employee on account of wages;
to pay off an unspent and not returned in a timely manner advance payment issued in connection with a business trip or transfer to another job in another area, as well as in other cases;
to return the amounts overpaid to the employee due to accounting errors, as well as the amounts overpaid to the employee, in the event that the body for considering individual labor disputes recognizes the employee's guilt in failure to comply with labor standards (part three of Article 155 of the Labor Code) or simple (part three of Article 157 of the Labor Code) ;
upon dismissal of an employee before the end of the working year, on account of which he has already received annual paid leave, for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds specified in paragraphs 1, 2, subparagraph "a" of paragraph 3 and paragraph 4 of Article 81, paragraphs 1, 2, 5, 6 and 7 of Article 83 of the Labor Code.
Wages overpaid to an employee (including in the event of incorrect application of laws or other regulatory legal acts) cannot be recovered from him, except in the following cases:
counting error;
if the body for the consideration of individual labor disputes recognizes the fault of the employee in failure to comply with labor standards (part three of Article 155) or simple (part three of Article 157);
if wages were overpaid to the employee in connection with his illegal actions established by the court.
The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases provided for by federal laws, 50 percent of the wages due to the employee.
When deducting from wages under several executive documents, the employee must in any case be retained 50 percent of wages.
These restrictions do not apply to deductions from wages when serving corrective labor, recovering alimony for minor children, compensation for harm caused by the employer to the health of an employee, compensation for harm to persons who have suffered damage due to the death of the breadwinner, and compensation for damage caused by a crime. The amount of deductions from wages in these cases cannot exceed 70 percent.
Deductions from payments that are not levied in accordance with federal law are not allowed (Article 138 of the Labor Code).
Special rules for regulating wages are provided for in the following cases:
wages of heads of organizations, their deputies, chief accountants (Article 145 of the Labor Code);
wages in special conditions(Article 146 of the Labor Code);
wages when performing work of various qualifications (Article 150 of the Labor Code);
when combining professions and performing the duties of temporarily absent employees (Article 151 of the Labor Code);
wages outside the normal working hours (Article 152 of the Labor Code);
wages on weekends and non-working holidays (Article 153 of the Labor Code);
wages at night (Article 154 of the Labor Code);
wages in case of non-fulfillment of labor standards (official duties) (Article 155 of the Labor Code);
wages in the manufacture of products that turned out to be defective (Article 156 of the Labor Code);
downtime payment (Article 157 of the Labor Code);
wages in the development of new industries (products) (Article 158 of the Labor Code).
The employer and (or) representatives of the employer duly authorized by him, who have allowed delays in the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code and other federal laws.
In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. Suspension of work is not allowed:
during periods of introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;
in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire fighting, work to prevent or eliminate natural disasters and emergency situations, in law enforcement agencies;
civil servants;
in organizations directly serving especially dangerous types of production, equipment;
in organizations related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency stations medical care) (Article 142 of the Labor Code).
Guarantee payments- payments received by an employee for the time when he, for good reasons provided for by law, does not fulfill his labor duties.
Guarantees set:
employees involved in the performance of state or public duties (Article 170 of the Labor Code);
employees elected to trade union bodies and labor dispute commissions (Article 171 of the Labor Code);
employees elected to elective positions in state bodies; local governments (Article 172 of the Labor Code);
employees combining work with education (Chapter 26 of the Labor Code);
employees in the event of liquidation of an organization, reduction in the number or staff of employees (Article 180 of the Labor Code);
when transferring an employee to another permanent lower-paid job (Article 182 of the Labor Code);
in case of temporary disability (Article 183 of the Labor Code);
in case of an accident at work and occupational disease (Article 184 of the Labor Code);
employees sent for advanced training (Article 187 of the Labor Code);
employees sent for medical examination (Article 185 of the Labor Code);
employees in case they donate blood and its components (Article 186 of the Labor Code).
Compensation payments- payments that reimburse the employee for expenses that compensate for moral and material damage incurred in connection with the performance of labor duties.
Labor discipline and legal means to ensure it
Labor discipline- obligatory obedience for all employees to the rules of conduct defined in accordance with the Labor Code, other laws, collective agreement, agreements, labor contract, local regulations of the organization.
The employer is obliged to create the conditions necessary for employees to comply with labor discipline.
Normative legal acts regulating labor discipline:
Labor Code (section 7);
Internal labor regulations;
Charters and Regulations on the discipline of certain categories of workers;
Technical rules and instructions;
Official positions (instructions);
other legal acts.
Incentives - public recognition of the special results of the work of employees, which is carried out with the help of:
- incentives for special labor merits.
rewards for success at work;
The employer encourages employees who conscientiously fulfill their labor duties (announces gratitude, gives out a bonus, rewards with a valuable gift, a certificate of honor, presents them to the title of the best in the profession).
Other types of incentives for employees for work are determined by the collective agreement or the internal labor regulations of the organization, as well as the charters and regulations on discipline. For special labor services to society and the state, employees can be nominated for state awards (Article 191 of the Labor Code).
For violations of labor discipline, the administration brings the employee to disciplinary responsibility:
general (for most workers);
special (for prosecutors, civil servants, railway workers and other categories of workers).
The basis of disciplinary liability is the commission of a disciplinary offense - a guilty unlawful failure to perform or improper performance by an employee of the labor duties assigned to him.
For the commission of a disciplinary offense, that is, non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions (Article 192 of the Labor Code):
dismissal for appropriate reasons.
comment;
Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions. It is not allowed to apply disciplinary sanctions that are not provided for by federal laws, charters and regulations on discipline.
The procedure for applying disciplinary sanctions (Article 193 of the Labor Code):
Before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up. The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.
A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.
A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.
For each disciplinary offense, only one disciplinary sanction may be applied. The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), an appropriate act is drawn up. A disciplinary sanction may be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.
Removal of disciplinary action:
after a year from the date of application, if the employee was not subjected to a new disciplinary sanction;
before the expiration of the year at the initiative of the employer, employee, petition of the immediate supervisor or representative body of employees (Article 194 of the Labor Code).
Liability of the employer and employees
Liability of employer and employee- liability for damage caused to the other party in the employment relationship.
Grounds for holding an employee or employer liable:
the presence of direct actual damage;
unlawful behavior of the employee or employer;
a causal relationship between the wrongful conduct and the damage caused;
fault of the employee or employer.
Employer liability grounds:
illegal deprivation of an employee of the opportunity to work (Article 234 of the Labor Code);
damage caused to the property of an employee (Article 235 of the Labor Code);
delay in payment of wages (Article 236 of the Labor Code);
moral harm caused to the employee by unlawful actions or inaction of the employer (Article 237 of the Labor Code).
Types of liability of employees:
individual;
brigade;
limited;
The employee is obliged to compensate the employer for the direct actual damage caused to him. Unreceived income (lost profit) is not subject to recovery from the employee.
Circumstances excluding the material liability of the employee (Article 239 of the Labor Code) - the occurrence of damage due to:
force majeure;
normal economic risk,
emergency;
necessary defense;
non-fulfillment by the employer of the obligation to ensure proper conditions for the storage of property entrusted to the employee.
For the damage caused, the employee bears material responsibility within the limits of his average monthly earnings, unless otherwise provided by federal law. (Article 241 of the Labor Code).
Liability in the full amount of the damage caused is assigned to the employee in the following cases:
when, in accordance with the Labor Code or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee;
shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;
intentional damage;
causing damage in a state of alcoholic, narcotic or toxic intoxication;
causing damage as a result of the employee's criminal actions established by a court verdict;
causing damage as a result of an administrative offense, if such is established by the relevant state body;
disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws;
causing damage not in the performance of work duties by the employee.
Liability in full for the damage caused to the employer can be established by an employment contract concluded with the head of the organization, deputy heads, chief accountant.
Reimbursement procedure:
by order of the employer (responsibility within the average monthly earnings);
judicial.
Occupational Safety and Health
Occupational safety is a system for preserving the life and health of workers in the course of their work, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.
The main directions of state policy in the field of labor protection (Article 210 of the Labor Code):
- ensuring the priority of preserving the life and health of workers;
- adoption and implementation of federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on labor protection, as well as federal target, sectoral target and territorial targeted programs improvement of working conditions and labor protection;
state management of labor protection;
state supervision and control over compliance with labor protection requirements;
promotion of public control over observance of the rights and legitimate interests of employees in the field of labor protection;
investigation and recording of accidents at work and occupational diseases;
protection of the legitimate interests of employees affected by industrial accidents and occupational diseases, as well as their family members on the basis of compulsory social insurance of employees against industrial accidents and occupational diseases;
the establishment of compensation for hard work and work with harmful and (or) dangerous working conditions that cannot be eliminated with the current technical level of production and labor organization;
coordination of activities in the field of labor protection, environmental protection and other types of economic and social activities;
dissemination of advanced domestic and foreign experience work to improve working conditions and labor protection;
participation of the state in the financing of labor protection measures;
training and advanced training of labor protection specialists;
organization of the state statistical reporting on working conditions, and industrial injuries, occupational morbidity and their material consequences;
ensuring the functioning of a unified information system for labor protection;
international cooperation in the field of labor protection;
pursuing an effective tax policy that stimulates the creation safe conditions labor, development and implementation of safe equipment and technologies, production of means of individual and collective protection of workers;
establishing a procedure for providing workers with personal and collective protective equipment, as well as sanitary facilities and devices, medical and preventive means at the expense of employers.
The obligations of the employer to ensure safe conditions and labor protection: (Article 212 of the Labor Code):
The employer must ensure:
safety of workers during the operation of buildings, structures, equipment, implementation technological processes, as well as tools, raw materials and materials used in the production;
use of means of individual and collective protection of workers;
working conditions corresponding to the requirements of labor protection at each workplace;
the regime of work and rest of employees in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;
acquisition and issuance at the expense of own funds special clothing, special footwear and other personal protective equipment, washing and neutralizing agents in accordance with established standards for employees employed in work with harmful and (or) dangerous working conditions, as well as in work performed in special temperature conditions or associated with pollution;
training in safe methods and techniques for performing work on labor protection and providing first aid in case of accidents at work, briefing on labor protection, internships at the workplace and testing knowledge of labor protection requirements, safe methods and techniques for performing work;
exclusion from work of persons who have not undergone training and instruction in labor protection, internship and testing of knowledge of labor protection requirements in the prescribed manner;
organization of control over the state of working conditions at workplaces, as well as the correct use of personal and collective protective equipment by employees;
certification of workplaces in terms of working conditions, followed by certification of work on labor protection in the organization;
in cases stipulated by the Labor Code, laws and other regulatory legal acts, organize at their own expense mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations) of employees, extraordinary medical examinations (examinations) of employees at their request, in accordance with a medical report, while retaining their place of work (position) and average earnings for the duration of the said medical examinations (examinations);
preventing employees from performing their labor duties without undergoing mandatory medical examinations (examinations), as well as in case of medical contraindications;
informing employees about the conditions and labor protection at the workplace, about the existing risk of damage to health and the compensations and personal protective equipment due to them;
providing authorities government controlled labor protection, authorities state supervision and control, bodies of trade union control over compliance with labor legislation and labor protection information and documents necessary for the exercise of their powers;
taking measures to prevent emergencies, preservation of life and health of workers in the event of such situations, including the provision of first aid to victims;
investigation and accounting in accordance with the procedure established by the Labor Code and other regulatory legal acts of accidents at work and occupational diseases;
sanitary and household and medical and preventive maintenance of employees in accordance with the requirements of labor protection;
unimpeded admission of officials of the bodies of state administration of labor protection, bodies of state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, bodies of the Social Insurance Fund of the Russian Federation, as well as representatives of bodies public control for the purpose of conducting inspections of working conditions and labor protection in the organization and investigating accidents at work and occupational diseases;
fulfillment of instructions of officials of state supervision and control bodies for compliance with labor legislation and other regulatory legal acts containing labor law norms, and consideration of submissions from public control bodies within the time limits established by the Labor Code and other federal laws;
compulsory social insurance of workers against industrial accidents and occupational diseases;
familiarization of employees with the requirements of labor protection;
development and approval, taking into account the opinion of an elected trade union or other body authorized by employees, instructions on labor protection for employees;
availability of a set of regulatory legal acts containing labor protection requirements in accordance with the specifics of the organization's activities.
Obligations of an employee in the field of labor protection (Article 214 of the Labor Code):
comply with labor protection requirements established by laws and other regulatory legal acts, as well as labor protection rules and instructions;
correctly apply means of individual and collective protection;
undergo training in safe methods and techniques for performing work on labor protection, providing first aid in case of accidents at work, briefing on labor protection, internships at the workplace, testing knowledge of labor protection requirements;
immediately notify their immediate or superior manager of any situation that threatens the life and health of people, of any accident that occurred at work, or of a deterioration in their health, including the manifestation of signs of an acute occupational disease (poisoning);
undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations).
The rights of an employee to work that meets the requirements of safety and hygiene (Article 219 of the Labor Code):
Every employee has the right to:
a workplace that meets the requirements of labor protection;
compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;
obtaining reliable information from the employer, relevant government agencies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) hazardous production factors;
refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;
training in safe working methods and techniques at the expense of the employer;
professional retraining at the expense of the employer in case of liquidation of the workplace due to violation of labor protection requirements;
a request for an inspection of labor conditions and labor protection at his workplace by state supervision and control over compliance with labor and labor protection legislation, employees who carry out state examination of working conditions, as well as trade union control over compliance with labor legislation and labor protection;
appeal to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;
personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an accident at work or an occupational disease that happened to him;
extraordinary medical examination (examination) in accordance with medical recommendations with the preservation of his place of work (position) and average earnings during the passage of the specified medical examination(surveys);
compensation, statutory, collective agreement, agreement, labor contract, if he is engaged in hard work and work with harmful and (or) dangerous working conditions.
Investigation and accounting of industrial accidents:
Investigation and accounting are subject to accidents that occurred at work with employees and other persons in the performance of their labor duties and work on the instructions of the organization or individual entrepreneur. These include:
employees doing work on employment contract;
students educational institutions higher and secondary vocational education, students of educational institutions of secondary, primary vocational education and educational institutions of basic general education, passing industrial practice in organizations;
persons sentenced to imprisonment and involved in labor by the administration of the organization;
other persons involved in production activities organization or individual entrepreneur.
Investigated and subject to accounting as accidents at work: injury, including inflicted by another person; acute poisoning; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites of insects and reptiles, injuries caused by animals; damage resulting from explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies - resulting in the need to transfer an employee to another job, temporary or permanent disability or death of an employee, if they occurred:
during working hours on the territory of the organization or outside it (including during established breaks), as well as during the time necessary to put in order the tools of production and clothing before starting and after finishing work, or when performing work in overtime, weekends and non-working holidays;
when going to the place of work or from work on the transport provided by the employer (his representative), or on personal transport in the case of using the specified transport for production purposes by order of the employer (his representative) or by agreement of the parties to the employment contract;
when going to a place business trip and back;
when following on vehicle as a shifter during inter-shift rest (driver-shifter on a vehicle, conductor or mechanic of the refrigeration section on a train, and others);
at work on a rotational basis during inter-shift rest, as well as while on board the ship in time free from watch and ship work;
when an employee is involved in the prescribed manner to participate in the liquidation of the consequences of a catastrophe, accident and other natural and man-made emergencies;
when carrying out actions that are not part of the employee's labor duties, but performed in the interests of the employer (his representative) or aimed at preventing an accident or an accident.
The obligations of the employer in case of an accident at work and the procedure for investigating accidents are defined in Art. 228, 229 TK.
Labor disputes and the procedure for their placement
Labor disputes are disagreements arising between employees (a team of employees), on the one hand, and the employer, on the other, on issues related to the application of labor legislation, collective agreements and other labor agreements, as well as the terms of an employment contract.
According to their legal nature, disputes are divided into:
claims disputes;
disputes of a non-competitive nature.
Reasons for labor disputes:
organizational and legal;
subjective;
organizational and economic.
Individual labor dispute- unresolved disagreements between the employer and the employee on the application of laws and other regulatory legal acts containing labor law, collective agreement, agreement, labor contract (including the establishment or change individual conditions labor), which are declared to the body for the consideration of individual labor disputes.
An individual labor dispute is a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to conclude an employment contract with the employer, if the employer refuses to conclude such an agreement (Article 381 of the Labor Code)
Individual claims labor disputes are considered:
commissions on labor disputes;
district (city) courts.
Art. 385 TK:
The Labor Disputes Commission is a body for the consideration of individual labor disputes arising in organizations, with the exception of disputes for which this Code and other federal laws establish a different procedure for their consideration.
An individual labor dispute is considered by the labor dispute commission if the employee, independently or with the participation of his representative, has not settled the differences during direct negotiations with the employer.
Art. 391 TK:
The courts consider individual labor disputes based on the applications of the employee, the employer or the trade union protecting the interests of the employee, when they do not agree with the decision of the labor dispute commission or when the employee goes to court, bypassing the labor dispute commission, as well as on the application of the prosecutor, if the decision commission on labor disputes does not comply with laws or other regulatory legal acts.
Individual labor disputes are considered directly in the courts on the basis of applications:
the employee - on reinstatement at work, regardless of the grounds for termination of the employment contract, on changing the date and wording of the reason for dismissal, on transferring to another job, on payment for the time of forced absenteeism, or on payment of the difference in wages for the time of performing lower-paid work;
employer - on compensation by the employee for harm caused to the organization, unless otherwise provided by federal laws.
Individual labor disputes are also considered directly in the courts:
about refusal to hire;
persons working under an employment contract with employers - individuals;
individuals who believe they have been discriminated against.
Collective labor dispute- unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body employees when adopting acts containing norms of mining law in organizations.
Stages of resolving a collective labor dispute:
For health reasons, the loader of the bookselling enterprise Nikolaev was transferred with his consent to a permanent, easier, but lower-paid job.
How will the worker be paid immediately after the transfer and subsequently? How will his work be paid in such a transfer, if the transfer to a lower-paid job was caused by a work-related injury to health? (see section 7, 10 TC)
The editor of the publishing house Kuskova was summoned to court during working hours as a defendant in the lawsuit of a housemate. Since she was not paid for that day, Kuskova applied to the director of the publishing house with an application for payment of her average salary in connection with her summons to court and submitted a duly executed court summons along with the application.
Is Kuskova's average salary payable for the specified time? Does an employee have the right to receive average earnings if he was called to court as a plaintiff, witness, victim? (see section 7 of the TC)
By the decision of the administration and the trade union committee, the internal labor regulations of JSC Russian Printer included a rule on the imposition of a fine in the amount of 50 rubles on workers who allowed remarriage within a month.
Is this addition to the internal labor regulations legal? File an application of the fined employee to the commission on labor disputes and the decision of the commission on his application. (see section 8 of the TC)
Accountant Solovieva made gross errors in the quarterly report, in connection with which the accounting department had to redo the entire report again. Having received a written explanation from Solovieva, from which it is clear that she made mistakes due to inattention due to personal troubles, Chief Accountant declared her a severe reprimand and deprived her of her bonus.
Are the actions of the chief accountant legal? (see section 8 of the TC)
After working half the day, the workshop foreman Sokolov, at the request of his friend, went with him to another workshop to help repair the unit on which he worked. The repair was delayed, and Sokolov never returned to his workplace. The next day, the shop manager demanded a written explanation from Sokolov about the reasons for his absence from his workplace for four hours. Two months after receiving explanatory note an order was issued to dismiss Sokolov for absenteeism under paragraph 6 (a) of Art. 81 of the Labor Code of the Russian Federation.
Is Sokolov's dismissal legal? (see section 8 of the TC)
The truck driver of the bookstore, Belov, used the car assigned to him to transport goods of citizens during non-working hours. As a result of the accident that occurred through his fault, a car and a private residential building were damaged. The bookstore, as the owner of a source of increased danger, incurred the cost of repairing a car and a residential building. In addition, the bookstore suffered losses in lost revenue because the machine had not been used for its intended purpose for a month.
Is there a basis for bringing Belov to liability for damage caused to the employer in this situation? If so, how much and in what order will the damage be compensated? In what cases is the owner of a source of increased danger not liable for property damage caused by this source? (see section 11 of the Labor Code, chapter 59 of the Civil Code)
An inventory in the store revealed a shortage in the amount of 4,000 rubles, its specific reasons were not established.
The entire staff of the store, including sellers Sidorov, Mitina, Ivanova and cashier Pavlova, at various times signed an agreement with the administration on full brigade liability. The previous inventory of shortages and surpluses in the store did not reveal. All members of the brigade worked in its composition for different periods of time, and also had different salaries. According to the results of the inventory and the internal investigation, the store administration, by its order, dismissed the cashier Pavlova for official negligence, and offered to reimburse the entire amount of the shortfall in equal shares to the other three members of the brigade.
In what cases is the law established the full liability of employees, including individual, brigade? Is the decision of the administration to recover the amount of the shortfall from the members of the brigade legal? Is the decision of the administration to dismiss Pavlova legal? Can an employee be fired with the wording "for negligence"? On what legal basis could Pavlova and the rest of the brigade members be fired? (see section 3, 11 TC)
When unloading building materials, a board fell off the back of a car on Gusev, a printing house worker. Having received a serious head and back injury, Gusev was treated in the hospital for a long time. At the end of inpatient treatment, the worker was recognized as disabled as a result of exacerbated hypertension.
Gusev demanded that he be given a copy of the accident report, but the administration of the printing house refused to do so, motivating their refusal by the fact that before the accident he also suffered from hypertension, and that partial disability occurred precisely as a result of this disease, and not as a result of the injury. .
Are the employee's demands correct? What are the responsibilities of the administration for investigating and recording industrial accidents? (see section 10 of the Labor Code, chapter 59 of the Civil Code of the Russian Federation)
Associate Professor Khripkov was dismissed from the university under paragraph 3 (b) of Art. 81 of the Labor Code of the Russian Federation on the basis of the decision attestation commission university.
He went to court with a claim for reinstatement, payment for forced absenteeism and compensation for non-pecuniary damage.
The court, by its ruling, refused the plaintiff to consider this claim due to its lack of jurisdiction of the court.
Is the ruling legal? Is Khripkov's claim subject to consideration by the court? In what order is the court decision on reinstatement enforced? Is it possible to be held liable? official guilty of illegal dismissal employee? (see Chapter 2 of the Constitution of the Russian Federation, Section 3, 13 of the Labor Code)
- What are guarantee and compensation payments?
Consideration of the requirements of employees, trade unions and their associations (Article 400 of the Labor Code);
Consideration of a collective labor dispute by a conciliation commission (Article 402 of the Labor Code);
Consideration of a collective labor dispute with the participation of an intermediary (Article 403 of the Labor Code);
Consideration of a collective labor dispute in labor arbitration (Article 404 of the Labor Code);
Guidelines
The issues of labor law studied within the framework of this topic play a crucial role in ensuring the rights of workers to remuneration for work, to working conditions that meet the requirements of safety and hygiene, to individual and collective labor disputes. In connection with the widespread practice in Russia of violating the relevant rights of workers, careful study current legislation and its application to solve real practical situations should be given special attention. Difficulties among students, as a rule, raise questions about the grounds and conditions for the liability of employees and employers; on the procedure and limits of deductions from wages. In a practical lesson, you should understand the content of the warranty and compensation payments and the need to reform this institution of labor law.
When studying chapter 30 of the Labor Code of the Russian Federation, devoted to labor discipline, should pay attention on the list of possible disciplinary sanctions, the procedure for their application and removal.
The issues of labor protection, the obligations of employees and employers to comply with relevant rules, the procedure for investigating and recording accidents deserve special attention due to their importance for ensuring the normal functioning of any enterprise and protecting the labor rights of workers.
The provisions of the legislation on the procedure for resolving individual and collective labor disputes, due to their particular relevance in modern conditions, also require careful study in a practical lesson, possibly in the form of a business game. Attention should be paid on individual labor disputes, the resolution of most of which is referred to the jurisdiction of labor dispute commissions, as well as courts of general jurisdiction; on the consequences of resolving labor disputes about illegal dismissals and transfers. The procedure for considering collective labor disputes needs a special discussion in a practical lesson, especially issues related to strikes and the application of liability measures to participants in such disputes.
What is wages and how is it determined?
What is the procedure for accrual, payment of wages, deductions from it?
What is labor discipline? In what ways is it provided?
What legal means can an employer use to maintain labor discipline?
What types of disciplinary sanctions are provided for by law, what is the procedure for their imposition and removal?
What is liability, what are its types and application procedure?
In what cases does the full liability of employees for damage caused through their fault to the employer come?
What are the grounds for the liability of the employer?
What is labor protection?
Specify the principles of labor protection in the Russian Federation.
What are the obligations of the employer and employee to comply with labor protection requirements?
What are the goals, procedures and guarantees for recording and investigating accidents?
Which bodies are empowered to resolve individual and collective labor disputes?
What is the procedure for resolving such disputes and implementing the decisions made?
The Constitution of the Russian Federation, any edition
Labor Code of the Russian Federation, 2002
External remuneration always means recognition of the merits of a person or team to the organization, in whatever form it is carried out. Recognition does several things:
1. further stimulation of the creative activity of employees;
2. Demonstration of a positive attitude of management towards high results;
3. popularization of the results among the team;
4. raising the morale of employees;
5. increase in business activity;
6. Strengthening the effectiveness of the incentive process itself.
There are several forms of recognition and evaluation of the work of employees.
Firstly, these are material compensations (remuneration, compensation) for increased labor costs. They can be expressed in various forms. If we are talking about wages, then its size should not depend on the length of service, but also take into account the quality of the performance of one's duties. In practice, managers compensate for the efforts expended by the employee in accordance with the length of service and time spent at work, and not at all according to the characteristics of the results achieved. Types of material compensation: payment for education, medical care, food, etc.
Secondly, a form of recognition is a monetary reward for high performance (ie, bonuses). Prizes do not have to be large at all, the main thing is unexpected and such that everyone knows about them.
Thirdly, a form of recognition is promotion. But it affects only those who make a career, and there can not be many of them due to the limited number of vacancies. In addition, not everyone can and wants to be leaders.
Fourth, recognition can be rewarded with free time. It may be provided in the form additional leave or shortened working hours. It can also be redistributed through a flexible or staggered schedule that makes the working day more convenient. It can arise due to the time saved due to the personal efforts of the employee.
Fifthly, the public recognition of the merits of the team and individual employees through wide information about them in the large-circulation press and on special stands, the presentation of certificates, the announcement of gratitude at meetings, the awarding of tourist trips and tickets is of great importance.
Sixth, personal recognition by the leadership of an organization or unit plays a big role in stimulating. It can take the form of regular or episodic congratulations on the occasion of holidays and solemn dates, praise.
According to experts, praise is one of the most effective tools feedback between leaders and subordinates. It is only important to be able to choose its appropriate content and form. She can be direct - sincere, friendly, trusting; it can also be indirect in the form of a manifestation of genuine interest in the personality of the employee, his concerns and needs. Prizes can also be attributed to praise. But they are effective only when the relationship between costs and results is clearly visible. In addition, they quickly get used to money. In order for the stimulation with their help to be effective, the amounts have to be increased all the time, but this cannot be done indefinitely.
For praise to be effective, the leader must adhere to the following rules:
1. clearly define what to praise subordinates for;
2. think over the “dosage” of praise in advance and take breaks in it;
3. praise subordinates for any good and useful deeds, even if they are not significant, but specific, have the right direction;
4. praise not too often, but regularly;
Evaluation of labor - measures to determine whether the quantity and quality of labor meets the requirements of production technology.
Evaluation of labor makes it possible: to assess the potential for promotion of employees and reduce the risk of promotion of incompetent employees; reduce training costs; maintain a sense of fairness among employees and improve labor motivation.
To organize an effective system for assessing the performance of employees, it is necessary:
1) establish performance standards for each workplace and criteria for its evaluation;
2) develop a policy for conducting performance evaluations (when, how often and to whom to evaluate);
3) discuss the assessment with the employee;
4) make a decision.
The following methods for evaluating the work of employees are known. First, consider the methods of individual assessment:
1. assessment questionnaire (comparative questionnaire and questionnaire of a given choice);
2. a scale of ratings of behavioral attitudes;
3. descriptive method;
4. evaluation method according to the decisive situation;
5. Behavior observation scale.
An assessment questionnaire is a standardized set of questions or descriptions. The scoring method notes the presence or absence of a certain trait in the person being evaluated and puts a mark in front of its description. The overall rating based on the results of such a questionnaire is the sum of the marks.
Evaluation questionnaire (fragment).
To be completed by the employee
Communication with colleagues:
write clearly and concisely
speak clearly and concisely
I work well with colleagues
I work well with subordinates
I work well with bosses
courteous, always helping clients
present ideas convincingly
Job Skills/Experience
I always finish work meetings
I know the main aspects of work
need some control
sometimes I make mistakes
I work on schedule
Familiar with the latest developments in the field
Work planning
set realistic goals
accurately analyze requests and needs
efficient
develop a large number of solutions
effectively detect and solve problems
Organization of personal labor
keep the documentation in order
distribute tasks appropriately
check the effectiveness of actions
I define the main goals of the work
save and use time efficiently
Control
adhere to company policy and established procedures
define acceptable quality standards
do not go beyond the established costs
Other qualities
know where to look for information
develop and develop creative ideas
I'm good at working under pressure
adapt to change
I make good decisions
Employee's signature ___
Date ___
Modification of the evaluation questionnaire - comparative questionnaire. Supervisors or HR professionals prepare a list of descriptions of right or wrong behavior in the workplace. Assessors who observed the behavior rank these descriptions on a sort of scale from "excellent" to "bad", resulting in the "key" of the questionnaire. Persons who evaluate the work of specific performers mark the most appropriate descriptions. Evaluation of labor productivity is the sum of ratings for marked descriptions.
A questionnaire of a given choice is also used, in which the main characteristics and a list of options for the behavior of the person being assessed are specified. The importance scale evaluates in points a set of characteristics of how the assessed employee performs his work.
Questionnaire of a given choice (fragment)
On a scale of decreasing importance, on a scale (from 1 to 4), rate the following set of characteristics of how the worker being assessed performs his/her work: a rating of "1" is received by the most characteristic employee, rating "4" - the least characteristic feature.
Rating scale of behavioral attitudes. The form describes critical situations professional activity. The rating questionnaire usually contains six to ten special characteristics of labor productivity, each of which is derived from five or six decisive situations with a description of behavior. The person conducting the appraisal notes the description that is more consistent with the qualifications of the assessed employee. The type of situation correlates with the score on the scale.
Behavioral Assessment Form Engineering Competence
(directly related to the execution of projects)
(fragment)
Last name of the worker
--9-- Possesses a wide range of knowledge, skills and abilities and can be expected to complete all tasks with excellent results
--8--
--7--- Able to apply a good range of knowledge and skills in most situations and can be expected to perform well on some tasks
--6--
--5-- Able to apply some knowledge and skills, can be expected to adequately perform most of the tasks
--4--
--3-- Has some difficulty applying technical skills and can be expected to deliver most projects late.
-2--
--1-- Does not know how to apply technical skills, and work can be expected to be delayed due to this inability
The descriptive assessment method consists in the fact that the assessor is asked to describe the advantages and disadvantages of the employee's behavior. Often this method is combined with others, such as attitude rating scales.
Evaluation method according to the decisive situation. Evaluators prepare a list of descriptions of "correct" and "wrong" behavior of employees in certain situations and categorize them according to the nature of the work. The assessor prepares a journal of records for each assessed worker, in which he enters examples of behavior under each rubric. This journal is then used to evaluate performance. As a rule, the method is used for assessments given by the manager, and not by colleagues and subordinates.
Behavior observation scale. As well as the method of evaluation by a decisive situation, it is focused on fixing actions. To determine the behavior of the employee as a whole, the appraiser fixes on the scale the number of cases when the employee behaved in one way or another.
Group assessment methods make it possible to compare the performance of employees within a group, to compare employees with each other.
Classification method. The appraiser must rank all employees in turn, from best to worst, according to some one general criterion. However, this is quite difficult if the number of people in the group exceeds 20. It is much easier to single out the most successful or unsuccessful employee than to rank the average ones.
A way out can be found if an alternative classification method is used. To do this, the person conducting the assessment must first select the best and worst employees, then select the next ones, etc.
Comparison by pairs makes the classification easier and more reliable - each is compared with each in specially grouped pairs. Then the number of times when the employee turned out to be the best in his pair is noted, and based on this, an overall rating is built. Evaluation can be difficult if the number of employees is too large (the number of pairs will be too large and the questionnaire will become tedious).
Specified distribution method. The assessor is instructed to give assessments to employees within a predetermined (fixed) distribution of assessments. For instance:
10% - unsatisfactory
20% - satisfactory
40% - quite satisfactory
20% - good
10% - excellent
total - 100%
The only thing that is required from the expert is to write out the name of the employee on each card and distribute all those being evaluated into groups in accordance with the given quota. Distribution can be carried out on various grounds (assessment criteria).
One of the most important personnel measures is to inform the employee about the degree of his success in work.
Depending on the purpose of the assessment, two approaches are possible:
1) if the assessment was carried out for the purposes of the employee's personal development, the results may be communicated to him personally;
2) if the assessment was carried out to determine remuneration, salary level, promotion, then the information can be transferred to the appropriate service of the enterprise, which, in the event of a personal request of the employee, can present the results to him. However, to improve the effectiveness of evaluation activities, feedback to the employee is necessary.
Employees can learn the results of their assessment during a special meeting, a conversation with the person who conducted the assessment.
The purpose of the conversation with the employee is not only to tell him the results. The conversation should contribute to increasing labor productivity, changing the behavior of employees whose labor productivity does not fit into acceptable standards.
To increase the effectiveness of the conversation based on the results of the assessment contribute to:
1) preparation for the meeting of the participants in the conversation, their orientation to the discussion of the past performance of the worker against the background of the tasks of that period;
2) a calm, trusting relationship between the appraiser and the employee, the creation of an atmosphere that would enable the employee to relax. This conversation is not a disciplinary event, it is aimed at improving the performance of the employee in the future, which will allow him to improve job satisfaction, and give a chance for promotion;
3) planning by the evaluator of the time of the conversation so that part of the time is left for discussion of the assessment and future work by the employee himself;
4) mention at the beginning of the conversation about the specific positive achievements of employees, shortcomings should be discussed between two positive results. Attention should be focused on discussion of performance, not criticism personal qualities. You should not mention more than one or two shortcomings during one conversation, as it is difficult for some people to work on correcting more than two shortcomings at the same time;
5) the optimal amount of information, since too much of it can confuse the listener;
6) self-assessment of the employee.
Personnel certification - personnel activities designed to assess the compliance of the level of work, qualities and potential of the individual with the requirements of the activity performed. The main significance of certification is not performance control, but the identification of reserves for increasing the level of employee return.
Elements of attestation. Taking into account the goals of certification, we can talk about its two components: labor assessment and personnel assessment.
Labor assessment is aimed at comparing the content, quality and volume of actual labor with the planned result of labor, which is presented in technological maps, plans and programs of work of the enterprise. Evaluation of labor makes it possible to assess the quantity, quality and intensity of labor.
When carrying out certification of managers, it makes sense not only to assess the work of each of them, but also to organize special procedures for assessing the work of the unit led by him (it is advisable to involve and use information from related units of the organization, as well as external partners and clients with whom this unit interacts).
Personnel assessment allows you to study the degree of preparedness of an employee to perform exactly the type of activity in which he is engaged, as well as to identify the level of his potential for assessing growth prospects.
An analysis of management practice shows that organizations in most cases use both types of employee performance assessment simultaneously, i.e., labor assessment and assessment of qualities that affect the achievement of results. The assessment form includes two relevant sections. From the leader, along with scoring usually require extensive justification. Certification procedures provide for an individual discussion of the results of the assessment with a subordinate who certifies this with a signature, and can also record disagreement with the conclusions of the boss and special circumstances that influenced the results of work.
In most organizations, assessment and certification are organized annually, in some - every six months. In addition, informal interviews are held, and in the interval between formal annual assessments, the results of labor and mandatory ongoing monitoring of the activities of subordinates are discussed. If the labor assessment procedures are well formalized, it is advisable to conduct assessment activities more often, for example, at the end of each week, month, quarter. Although these events are not attestation, they can provide significant information about the dynamics of the labor efficiency of employees and departments as a whole.
Careful control of the entry of the employee into the position is designed to speed up this process. An organization, acquiring an expensive "human resource" or trying to use it in a new capacity, expects to get a quick return. Strict control and evaluation of strengths and weaknesses the activities of the employee allow him to provide him with the necessary assistance, quickly correct shortcomings. At the same time, the correctness of the appointment decision is checked. In relation to ordinary performers, low-level managers, such a response is supposed to be received within a few months, in relation to middle and senior managers - no later than a year. An employee who does not cope with his duties is quickly transferred to a less responsible job or fired. Another purpose of shortening the formal evaluation period during this period is to impose high standards of performance on the worker. Certification is carried out in several stages: preparation, certification itself and summing up.
Training carried out personnel service, includes:
. development of principles and methodology for certification;
. edition normative documents on the preparation and conduct of certification (order, list of the certification commission), methodology for conducting certification, certification plan, training program for managers, instructions for storing personal information);
. preparation of a special program to prepare for certification activities (when conducting certification for the first time according to the new methodology);
. preparation of certification materials (forms, forms, etc.).
Carrying out certification:
. certified and managers independently (according to the structure developed by the personnel department) prepare reports;
. certified and not only managers, but also employees and colleagues fill out evaluation forms;
. the results are analyzed;
. meetings of the attestation commission are held.
Summing up the results of certification
. analysis of personnel information, input and organization of the use of personal information;
. preparation of recommendations on work with personnel;
. approval of certification results.
Analysis of certification results
Evaluation of labor allows you to identify employees who do not meet and meet labor standards that significantly exceed labor standards.
Personnel assessment contributes to:
. diagnostics of the level of development of professionally important qualities;
. comparison of individual results with standard job requirements (by levels and specifics of positions);
. identification of employees with qualities that deviate from the standards;
. prospects efficient operation and growth;
. rotation.
Data collation and processing, as a rule, are carried out after certification. To sum up the generalized results, comparative tables of the effectiveness of employees are compiled; risk groups are identified (inefficient workers or workers with a non-optimal level of development of professionally important qualities); growth groups are distinguished (employees who are oriented and capable of development and professional conduct); recommendations are being prepared on the use of certification data.
Conducting interviews based on the results of certification. In addition to feedback from the certified employee, during the conversation, data are clarified and additional personnel information is collected. Then new and updated data are entered into generalized forms and analyzed.
Organization of data storage. In order for personnel information to be used in making personnel and other decisions, it is necessary to properly organize the storage of information based on the results of certification. It is necessary to develop a special form of input and storage of information (by personalities, departments, hierarchy levels, areas of activity of departments). It is also necessary to be able to search for information on these parameters, and on the parameters of the quality and quantity of labor.
Questions for self-control
1. Expand the concepts of motivation, incentive, need, motivation, reward.
2. Describe the content theories of motivation.
3. Describe process theories of motivation.
4. What are the tasks of recognizing the work of workers.
5. Expand the main forms of recognition of the work of workers.
6. What is meant by the assessment of the work of employees?
7. Give methods of individual assessment of the work of workers.
8. Give methods of group assessment of the work of workers.
9. Describe the attestation process (personnel assessment).
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