Recently adopted changes in Labor Code* forced to take a fresh look at this document. There are many changes. In this article, we tried to highlight the most significant amendments to the labor code.
1. About part-time drivers
Old edition:
Article 329. Working hours and rest time of employees whose work is directly related to the movement of vehicles
Employees whose work is directly related to the movement of vehicles are not allowed to work outside the length of working hours established for them by profession or position directly related to the movement of vehicles, as well as work with harmful and (or) hazardous conditions labor. The list of professions (positions) and jobs directly related to the movement of vehicles is approved in the manner prescribed by the Government Russian Federation.
Features of the regime of working time and rest time, working conditions of certain categories of workers, whose work is directly related to the movement of vehicles, are established by the federal body
executive power in the field of the respective mode of transport. These features cannot worsen the position of employees in comparison with those established by this Code.
"Employees whose work is directly related to driving or driving vehicles are not allowed to work part-time, directly related to driving or driving vehicles. List of jobs, professions, positions directly related to driving or driving movement of vehicles, is approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for regulation social and labor relations."
2. Now the employee must sign the employer's contract, confirming that he received his copy of the contract
Old edition:
Article 67. The form employment contract
The employment contract is writing, is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer.
New edition:
in article 67 :
Part one shall be supplemented with the following sentence: "Receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer."
3. Now, before signing an employment contract, the employer is obliged to acquaint the future employee with the PWTR, etc.
Old edition:
When hiring, the employer is obliged to familiarize the employee with the rules of internal work schedule, other local regulations related to labor function worker, collective agreement.
New edition:
the third part shall be stated in the following wording:
"When hiring (before signing an employment contract), the employer is obliged to familiarize the employee against signature with the internal labor regulations, other local regulations directly related to the employee's labor activity, the collective agreement."
4. About dismissal
It was:
Article 81. Termination of the employment contract at the initiative of the employer
The employment contract may be terminated by the employer in the following cases:
1) liquidation of the organization or termination of activities by the employer - an individual;
2) reduction in the number or staff of employees of the organization;
3) 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;
4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated non-performance by an employee without good reasons job duties if he has disciplinary action;
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;
7) 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;
8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) 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;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) submission by the employee to the employer of false documents or deliberately false information when concluding an employment contract;
12) termination of access to state secrets, if the work performed requires access to state secrets;
13) provided for by the employment contract with the head of the organization, members of the collegial executive body organizations;
14) in other cases established by this Code and other federal laws.
Dismissal on the grounds specified in paragraphs 2 and 3 of this article 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.
In the event of termination of the activities of a branch, representative office or other separate structural unit organizations located in another locality, termination of employment contracts with employees of these structural units is carried out according to the rules provided for in cases of liquidation of the organization.
It became :
81) in article 81:
in part one:
in paragraph 1 the words "employer - natural person" shall be replaced by the words "individual entrepreneur";
Item 2 shall be supplemented with the words ", an individual entrepreneur";
Paragraph 3 shall be amended as follows:
"3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;";
in paragraph 6:
in subparagraph "a", the words "(absence from the workplace without good reason for more than four consecutive hours during the working day)" shall be replaced by the words ", that is, absence from the workplace without good reason throughout the working day (shift) regardless of its ( its) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift)";
subparagraph "b" shall be stated in the following wording:
"b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;";
subparagraph "c" shall be supplemented with the words "including disclosure of personal data of another employee" (for us personnel officers if we go to sell an employee); in subparagraph "d" the words "the body authorized to apply administrative penalties" shall be replaced by the words "a judge, a body official authorized to consider cases of administrative offenses";
in subparagraph "e" the words "violation by the employee of the requirements for protection" shall be replaced by the words "established by the commission for labor protection or the commissioner for labor protection violation by the employee of the requirements for protection";
in paragraph 11 the words " or knowingly false information"exclude;
Clause 12 shall be declared invalid;
parts two - four shall be stated in the following wording:
"The procedure for conducting attestation (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees.
Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower paying job), which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
In the event of termination of the activities of a branch, representative office or other separate structural subdivision of an organization located in another locality, termination of employment contracts with employees of this subdivision is carried out according to the rules provided for in cases of liquidation of the organization.
add parts five and six as follows:
"Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee outside the place of work or at the place of work, but not in connection with the performance by him labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.
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 an individual entrepreneur) during the period of his temporary incapacity for work and during his vacation.
5. Fixed in the Labor Code the need to pay extra to pieceworkers for work on non-working holidays
New edition:
in article 112 :
parts three and four shall be stated in the following wording:
"Employees, with the exception of employees receiving a salary (official salary), for non-working holidays in which they were not involved in work, additional remuneration is paid. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.
The presence of non-working holidays in the calendar month is not a basis for reducing wages employees receiving a salary (official salary).";
part five shall be supplemented with the following sentences: "At the same time, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than a month before the start of the corresponding calendar year. Adoption of regulatory legal acts on the transfer of days off to other days other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.
6. If you did not pay the employee the vacation timely or did not warn him, then he has the right to demand the postponement of the vacation
Old edition:
Article 124. Extension or postponement of annual paid leave
part two:
The annual paid leave, by agreement between the employee and the employer, is postponed to another period if the employee was not paid on time during this vacation or the employee was warned about the start time of the vacation later than two weeks before it began.
New edition:
the second part shall be stated in the following wording:
If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, then the employer, upon a written application from the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee. "
7. Now the employer must wait 2 days for a written explanation from the employee when imposing a disciplinary sanction and only after that draw up an act
Old edition:
Article 193. The procedure for applying disciplinary sanctions
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 audit- later than two years from the date of its commission. 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.
New:
in article 193 :
the first part shall be stated in the following wording:
"Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If after two working days the specified explanation is not provided by the employee, then an appropriate act is drawn up."
in part two, the words "The employee's refusal to give an explanation" shall be replaced by the words "The employee's failure to provide an explanation";
in part six, the word "receipt" shall be replaced by the word "signature", after the words "from the date of its issuance" shall be supplemented with the words ", not counting the time the employee is absent from work", the words "If the employee refuses to sign the said order (instruction)" shall be replaced by the words " If the employee refuses to familiarize himself with the specified order (instruction) against signature, then ";
in part seven, the words "state inspections" shall be replaced by the words "state inspections", the word "or" shall be replaced by the words "and (or)"
8. Now it is clearly stipulated that the employee in the event of dismissal without uv. reasons is obliged to pay the costs of training only in proportion to the time not worked
New:
"ARTICLE 249. Reimbursement of expenses associated with the training of an employee
In the event of dismissal without good reason before the expiration of the period stipulated by the employment contract or agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training, calculated in proportion to the time actually not worked after the end of the training, unless otherwise provided by the employment contract or learning agreement."
"Personnel service and personnel management of the enterprise", 2006, N 9
Overview of recent changes to the labor code
In this article, we will talk about the latest changes. labor law. A significant part of the amendments made to the Labor Code is of a "cosmetic" nature. They are aimed solely at correcting mistakes made in previous editions, at bringing the norms of the Labor Code in line with legislation that has changed over time, at clarifying the names of various bodies involved in labor rights about relationships, etc. So, almost throughout the entire text of the Code, the concept of "organization" is replaced by "employer", which is more consistent with the essence of this aspect of labor relations. The names and powers of state bodies exercising the functions of regulation, supervision and control in the sphere of labor, etc. are being specified.
On the other hand, there are more significant changes.
Workers' Guarantees and Compensation
Changes have affected guarantees and compensations to workers, and in some cases guarantees and compensations are increased, and in others they are reduced.
Thus, the Labor Code introduces provisions obliging the employer to pay monetary compensation for violation of the established deadline for the payment of wages, vacation pay, payments upon dismissal, regardless of the fault of the employer. That is, even if the employer could not pay the employee due cash for reasons beyond the control of the employer, then in addition to the specified amounts, he will have to pay compensation to his employee for the delay.
The new version of the Code changed the status of primary trade union organizations and their bodies in social partnership at the local level. They represent the interests of workers this employer who are not members of the relevant trade unions, only in the cases and in the manner established by the Labor Code. It is possible to make provisions in the collective agreement that will not apply to all employees of the organization, but only to members of the trade union. At the same time, the trade union itself must ensure the implementation of these conditions at its own expense, and not at the expense of the employer.
Employment books
Do you need a duplicate work book?
Previously, if we wanted to hire an employee who had lost or damaged a work book, we had to recommend that he collect certificates of work from previous employers and ask the most recent of them to issue a duplicate work book. Now we ourselves can issue a new work book for such an employee (part 5 of article 65). In order to do this, the employee needs to write a statement asking him to get a new work book and indicate the reasons for the loss of the old one.
Individual entrepreneurs must
Changed the rules regarding documents confirming the period of work with employers - individuals(Article 309 of the Code).
The employer - an individual who is an individual entrepreneur, is obliged to keep work books for each employee in the manner established by the Labor Code of the Russian Federation and other regulatory legal acts of the Russian Federation.
An employer - an individual who is not an individual entrepreneur, does not have the right to make entries in the work books of employees and draw up work books for employees hired for the first time. A document confirming the period of work with such an employer is an employment contract concluded in writing.
Conclusion of an employment contract
Terms of the employment contract
Main
Article 57, which regulates the content of an employment contract, provides for the following mandatory conditions:
Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;
Labor function (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee). If, in accordance with federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation;
The date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code or other federal law;
wages (including the amount tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);
Working hours and rest time (if for this employee it is different from general rules operating for this employer);
Compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
The conditions governing necessary cases nature of work (mobile, traveling, on the road, other nature of work);
The mandatory condition social insurance an employee in accordance with the Labor Code and other federal laws;
Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
Additional
The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts, the collective agreement, agreement, local regulations, in particular:
Clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;
About the test;
On non-disclosure of legally protected secrets (state, official, commercial and other);
On the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
On the types and conditions of additional employee insurance;
On improving the social and living conditions of the employee and his family members;
On clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.
By agreement of the parties, the employment contract may also include conditions on the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements. The non-inclusion in the employment contract of any of the specified rights and obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.
Employers are also given more possibilities to test the professional skills of graduates educational institutions. Now in certain cases they can be put on probation.
Information about the employee and employer
According to the amendments, a number of information about the employee and the employer must be included in the employment contract. In particular:
Surname, name and patronymic of the employee (surname, name and patronymic of the employer - an individual who has concluded the contract);
Information about the documents proving the identity of the employee and the employer - an individual who entered into an employment contract;
TIN (for employers, except for employers - individuals who are not individual entrepreneurs);
Information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority (see example);
Place and date of conclusion of the contract.
Example. Let's assume that the organization includes several branches. Each of the heads of these separate structural divisions is authorized to accept employees in his branch. Accordingly, when signing the contract, it will be necessary to indicate information about this manager, as well as the date and number of the document on the basis of which such powers were delegated (for example, an order on the distribution of powers, a local normative act, etc.).
If the necessary information or prerequisites
were not included in the contract
In civil law, it is considered that if any of the conditions specified in the law as mandatory or essential is not included in the contract, it is considered not concluded. However, labor law is different. According to the adopted amendments, if at the conclusion of an employment contract it did not include any information or conditions from among the mandatory ones provided for by the Labor Code of the Russian Federation, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with the missing information and conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
Amendment of the contract
Change certain parties of the terms of the employment contract, including transfer to another job, is allowed only by agreement of the parties to the contract, with the exception of cases provided for by the Labor Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.
The transfer of an employee to another employer is now a termination of the employment contract, and not a transfer. At the written request of the employee or with his written consent, the employee may be transferred to permanent job to another employer. In this case, the employment contract at the previous place of work is terminated (Article 72.1).
Termination of the contract and its annulment
Date of termination of the employment contract
The date of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but, in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained.
Additional Grounds for Termination
employment contract according to the circumstances,
independent of the will of the parties
In Art. 83 of the Labor Code of the Russian Federation includes additional grounds for termination of an employment contract due to circumstances beyond the control of the parties. It:
Disqualification or other administrative punishment, excluding the possibility for the employee to perform duties under an employment contract;
Expiration, suspension for more than two months or deprivation of an employee of a special right (license, right to manage vehicle, the right to bear arms, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility for the employee to fulfill his obligations under an employment contract;
Termination of access to state secrets, if the work performed requires such access;
Cancellation of the court decision or cancellation (recognition as illegal) of the decision of the state labor inspectorate to reinstate the employee at work.
At the same time, the termination of the employment contract on the indicated grounds, as well as when reinstating an employee who previously performed this work, by decision of the state labor inspectorate or court, is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer. At the same time, the proposed vacancy can either correspond to the qualifications of the employee, or be of a lower qualification and, accordingly, lower paid. It is not allowed to transfer an employee to work that does not correspond to the state of his health. The employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
Changed the rules regarding dismissal
to reduce the number or staff,
as well as the liquidation of the organization
If earlier the employer, with the written consent of the employee, had the right to terminate the employment contract with him without notice of dismissal for two months with the simultaneous payment of additional compensation in the amount of two months of average earnings, now the employee is paid additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining until expiration of the termination notice (Article 180 of the Code).
State guarantees have been reduced for employees dismissed from an organization located in the regions of the Far North and equivalent areas due to the liquidation of the organization, reduction in the number or staff of employees (Article 318 of the Labor Code of the Russian Federation). They are paid severance pay in the amount of the average monthly earnings, they also retain the average monthly earnings for the period of employment, but not more than three months (previously it was six months) from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is kept for specified employee within the fourth, fifth and sixth months from the date of dismissal by decision of the body of the employment service, provided that within a month after the dismissal the employee applied to this body and was not employed by him.
Dismissal at the initiative of the employer
Guarantees for pregnant women, women with children, and persons raising children without a mother are specified upon termination of an employment contract (Article 261 of the Code).
By general rule termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization or termination of activity by an individual entrepreneur.
In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to submit a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.
It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as a vacant position or job, corresponding qualifications of a woman, and a vacant lower position or lower-paid job) that a woman can perform, taking into account the state of her health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
Guarantees upon dismissal for the head of the organization
Additional guarantees are provided by art. 279 of the Labor Code of the Russian Federation to the heads of the organization. In the event of termination of the employment contract with the head of the organization in accordance with paragraph 2 of Art. 278 of the Labor Code of the Russian Federation, in the absence of guilty actions (inaction) of the head, he is paid compensation in the amount determined by the employment contract, but not less than three times the average monthly salary.
Cancellation of an employment contract
The new version reduces the period during which the employer has the right to cancel the employment contract if the employee does not start work on time. Previously, the employment contract was canceled if the employee did not start work on time without good reason within a week. Now for this it is enough that the employee does not start work on the day the work begins, established by the contract or the Code itself.
Working outside normal hours
working hours
Increase in shift duration
A collective agreement for workers employed in work with harmful or dangerous working conditions may provide for an increase in the duration of daily work(shifts) in comparison with the normal duration, subject to the maximum weekly working hours (part 3 of article 94 of the Code) and the hygienic standards of working conditions established by federal laws and other regulatory legal acts of the Russian Federation.
Overtime work
New edition of Art. 99 of the Code allows the involvement of an employee in overtime work without his consent (previously, the written consent of the employee to involve him in overtime work was always mandatory). This is possible in the following cases:
When performing work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
In the production of social necessary work to eliminate unforeseen circumstances that violate the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;
In the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that put under threat to the life or normal living conditions of the entire population or part of it.
It is also now allowed to involve employees in work without their consent on weekends and non-working holidays:
To prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
To prevent accidents, destruction or damage to the property of the employer, state or municipal property;
To perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that put under threat to the life or normal living conditions of the entire population or part of it.
Engagement of creative workers of funds to work on weekends and non-working holidays mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and performance of works, professional athletes in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, is allowed in the manner established by the collective agreement, local regulatory act, labor contract.
In other cases, involvement in overtime work, work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
Part-time work
Increased working hours when working part-time (Article 284 of the Code). It should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). However, within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norms of working hours for another accounting period) established for the relevant category of workers. The specified restrictions on the duration of working hours when working part-time do not apply in cases where the employee has suspended work at the main place of work in accordance with Part 2 of Art. 142 of the Labor Code of the Russian Federation or suspended from work in accordance with Part 2 or Part 4 of Art. 73 of the Code.
The changes affected employees whose work is directly related to driving vehicles or managing the movement of vehicles (Article 329 of the Labor Code of the Russian Federation). Now they have the right to work part-time at jobs with harmful and (or) dangerous working conditions. However, the restriction remained in force, which prohibited them from part-time work directly related to driving or traffic control.
Additional grounds for dismissal.
Suspension of work and downtime
Part 1 Art. 76 of the Labor Code of the Russian Federation introduces an additional basis for the removal of an employee from work. Thus, the employer is obliged to suspend the employee from work in the event of suspension of the employee’s special right (license, right to drive a vehicle, the right to carry weapons, other special rights) for a period of up to two months, if this entails the impossibility for the employee to fulfill labor obligations. contract and if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
New Parts 3 and 4 of Art. 142 of the Labor Code of the Russian Federation grant the employee the right during the period of suspension of work in his working time be absent from work. If the suspension of work was due to a delay in the payment of wages, the employee who was absent from the workplace during his working hours is obliged to return to work no later than the next working day after receiving a written notice from the employer about the readiness to pay the delayed wages on the day the employee leaves for work. work.
Also, as before, the employee is obliged to inform his immediate supervisor, another representative of the employer about the start of downtime caused by equipment breakdown and other reasons that make it impossible for the employee to continue to perform his labor function. However, the new version of Art. 157 of the Labor Code of the Russian Federation does not provide for the need to do this in writing, as previously required.
Amendments to Part 4 of Art. 139 of the Labor Code change the procedure for calculating the average daily earnings for vacation pay. Now the average daily earnings for vacation pay and compensation for unused vacations calculated not for the last three calendar months, but for the last 12 months.
Terms for which educational leave is granted
Changed (Article 174 of the Labor Code of the Russian Federation) the terms for which additional holidays with the preservation of average earnings, provided to employees who successfully study in state-accredited educational institutions of secondary vocational education, regardless of their organizational and legal forms in part-time and part-time (evening) forms of education:
For passing intermediate certification in the first and second years - 30 calendar days, on each of the subsequent courses - 40 calendar days;
To prepare and defend graduation qualifying work and passing the final state exams - two months;
To pass the final state exams - one month.
The terms of unpaid leave, which the employer is obliged to provide, have also been reduced:
Employees admitted to entrance examinations to state-accredited educational institutions of secondary vocational education - 10 calendar days;
Employees studying in state-accredited educational institutions of secondary vocational education in full-time education, combining study with work, for passing intermediate certification - 10 calendar days in the academic year, for preparing and defending the final qualifying work and passing the final state exams - two months, for the final exams - one month.
For employees studying by correspondence in educational institutions of secondary vocational education with state accreditation, the employer pays for travel to the location of the specified educational institution and back in the amount of 50 percent of the fare (previously it was 100 percent).
As a general rule, guarantees and compensations for employees who combine work with education are provided when they receive an education of the appropriate level for the first time. Now, these guarantees and compensations can also be provided to employees who already have professional education of the appropriate level and directed to training by the employer in accordance with an employment contract or a training agreement concluded between the employee and the employer in writing (part 1 of article 177 of the Labor Code of the Russian Federation).
The period for which leave is granted
The duration of unpaid leave granted at the request of an employee, which is included in the length of service giving the right to the annual basic paid leave, has been increased from 7 to 14 calendar days during the working year.
Disciplinary and financial responsibility
In accordance with the new edition of Art. 195 of the Labor Code of the Russian Federation, the employer is obliged to consider the application of the representative body of employees to bring to disciplinary responsibility not only the heads of organizations and their deputies, but also the heads of structural divisions. In the event that the fact of a violation is confirmed, the employer is obliged to apply a disciplinary sanction up to and including dismissal to the head of the organization, the head of the structural unit of the organization, their deputies.
According to Art. 240 of the Code, the employer has the right, taking into account the specific circumstances under which the damage was caused, to fully or partially refuse to recover it from the guilty employee. However, now the owner of the property of the organization may restrict the specified right of the employer in cases provided for by federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, founding documents organizations.
student agreement
Certain changes have also been made to the rules governing vocational training and professional development. According to the amendments to Art. 198 of the Code, it is now possible to conclude a student agreement not only for retraining on the job, but also for professional education. Moreover, in both cases, training can be carried out both on-the-job and on-the-job.
If earlier the student agreement could be terminated on the grounds provided for terminating the employment contract, now the student agreement is terminated at the end of the training period or on the grounds provided for by this agreement itself (Article 208 of the Labor Code of the Russian Federation).
The procedure for reimbursement of costs associated with the training of an employee has been changed (Article 249). In the event of dismissal without good reason before the expiration of the period stipulated by the employment contract or agreement on training at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training, calculated in proportion to the time actually not worked after the end of the training, unless otherwise provided by the employment contract or learning agreement.
Occupational Safety and Health
The norm of Art. 212 of the Labor Code of the Russian Federation, establishing additional duty employer to ensure that employees who fall ill at work are transported to medical organization if they need emergency medical care.
State examination of working conditions is regulated by the new art. 216.1.
The number of employees required for the emergence of the employer, exercising production activities, the obligation to create a labor protection service or introduce the position of a labor protection specialist, has been reduced from 100 to 50 (Article 217 of the Code).
Previously, it was provided that if the employer does not have a labor protection service, full-time specialist on labor protection, the employer entered into an agreement with specialists or with organizations providing services in the field of labor protection. Now the functions of a labor protection service, a full-time labor protection specialist can be performed by an employer - an individual entrepreneur (personally), the head of an organization, another employee authorized by the employer, or an organization or specialist providing services in the field of labor protection, attracted by the employer under a civil law contract.
In general (including due to the fact that the Federal Law of July 17, 1999 N 181-FZ "On the Fundamentals of Labor Protection in the Russian Federation" has become invalid), the relevant norms governing labor protection issues in the new edition of the Labor Code substantially specified and supplemented.
self defense
For the purpose of self-protection of labor rights, an employee may refuse to perform work not provided for by an employment contract, as well as to refuse to perform work that directly threatens his life and health, except as provided for by federal laws (Article 379 of the Labor Code). The new wording of this article provides for the obligation of the employee to notify the employer or his immediate supervisor or other representative of the employer in writing in advance. For the purpose of self-protection of labor rights, an employee has the right to refuse to perform work also in other cases provided for by the Labor Code or other federal laws.
A.B.Borisov
Journal Expert
Signed for print
On June 18, 2017, Russian President Vladimir Putin signed amendments to the Labor Code introduced by Law No. 125-FZ, and on July 1, 2017, by Law No. 139-FZ. Innovations touched upon various issues: the establishment and payment of part-time work, the procedure for payment for irregular, overtime work, work on weekends and holidays, labor activity of minors. Read more about what changes appeared in the Labor Code in June 2017 in our article.
Part-time work and amendments to the Labor Code: June 2017
The establishment of part-time work by agreement of the parties is provided for by Art. 93 of the Labor Code of the Russian Federation. If before it was only part-time, shift, work week, now, thanks to the latest amendments to the Labor Code of the Russian Federation, it became possible to divide the working day into parts. This means that the employee can ask not only to reduce the working day, but also to work, for example, for 2 hours in the morning and in the evening. part time work can be established for a limited period or indefinitely, by agreement of the parties.
The employer has the right to apply an incomplete work schedule to any employee, but at the request of certain categories of employees, he is obliged to do so. This applies to pregnant women, the parent (guardian) of a child under 14, or a disabled child under 18, and a person caring for a sick family member. The latest amendments to the Labor Code of the Russian Federation of 2017 introduced the following restriction: the use of part-time work has a period convenient for the employee, but lasts no longer than the circumstances that caused it exist. Taking into account the wishes of the employee and working conditions, the mode of work and rest, the time of the beginning, end of work, breaks in it are set. For example, an employee may ask to postpone the start of the working day an hour later, and the lunch break may also be later for him.
Amendments to the Labor Code 2017 on processing
With an irregular schedule, it is assumed that an employee is involved in work outside of his working hours. Positions that allow such “irregularity” are established by local regulations. The Law on Amendments to the Labor Code No. 125-FZ specifies the conditions under which an irregular day can be applied to part-time work: if, by agreement of the parties, the employee works part-time, but full-time (part 2 of article 101 of the Labor Code of the Russian Federation). Given the amendments made, the Labor Code of the Russian Federation of 2017 prohibits the application of “irregularity” to those who work part-time.
Breaks for meals and rest: amendments to the Labor Code - 2017
Article 108 of the Labor Code of the Russian Federation includes a not very pleasant innovation for those whose working day lasts up to 4 hours. As a general rule lunch break workers can last from 30 minutes to 2 hours without being included in working hours. Now, according to the changes in the Labor Code of 2017, the employer can indicate in the employment contract or internal rules of the order that such breaks are not provided to those who work less than 4 hours a day.
Amendments to the Labor Code - 2017 on wages
The June amendments to the Labor Code affected overtime pay and work on “non-working” holidays and weekends.
Overtime work is carried out outside the working hours established for the employee. The payment for such work is increased: one and a half times for the first 2 hours, and double for the next overtime. Increased pay can be replaced by additional rest, commensurate with the hours worked overtime, if the employee wishes (Article 152 of the Labor Code of the Russian Federation).
Amendments to Article 152 of the Labor Code introduce the following clarification: overtime work on weekends and holidays, paid in accordance with Art. 153 of the Labor Code of the Russian Federation, is not taken into account when determining overtime work on working days. That is, the provisions of Art. 152 TC apply only to overtime on weekdays, and for weekends and non-working holidays, Art. 153 of the Labor Code of the Russian Federation.
Recall that work on weekends and holidays is paid in accordance with Art. 153 of the Labor Code of the Russian Federation in double size or in single size, but then an unpaid additional day of rest should be provided. New amendments to the Labor Code also affected this norm. Now, if part of the working day or shift falls on a weekend or holiday, the increased payment goes only for the hours actually worked on the weekend or holiday. The time difference between working and non-working days from 00 to 24 hours is specified. For example, a shift starts on the eve of a holiday at 21:00 and ends at 9:00 on a holiday: double the amount of payment will be made from 00:00, when the holiday began.
Labor Code of the Russian Federation 2017: changes on the labor of minors
In this part, the law of July 1, 2017 No. 139-FZ made the following amendments:
- The consent of the parent and guardianship authority to conclude an employment contract with a person who has reached the age of 14 must now be given only in writing (Article 63 of the Labor Code of the Russian Federation);
- The categories of students under 18 years of age are specified, whose norm of working time should not exceed half of the established for a shortened working day - these are students receiving general or secondary vocational education (part 4 of article 92 of the Labor Code of the Russian Federation);
- Introduced maximum duration daily work for workers from 14 to 15 years old - 4 hours (part 1 of article 94 of the Labor Code of the Russian Federation).
From what date to apply changes to the Labor Code in 2017
It is a mistake to think that the date from which the amendments to the Labor Code 2017 should be applied in the work is June 19, or July 2, because. The President signed them on 06/18/2017 and 07/01/2017, respectively. Let's explain why.
The official publication of Law No. 125-FZ with amendments to the Labor Code of the Russian Federation took place on June 18, 2017, and Law No. 139-FZ on July 1, 2017 on the state Internet portal legal information. According to Art. 6 of the Law of 06/14/1994 No. 5-FZ, as in any federal law, changes to the Labor Code of 2017 come into force 10 days after publication. Therefore, having counted this period, we obtain the date the amendments come into force - June 29, 2017 (Law No. 125-FZ) and July 12, 2017 (Law No. 139-FZ). Apply the relevant amendments to the Labor Code from 06/19/2017. or from 07/02/2017 it is impossible, because at that time they did not yet have legal force.
On June 18, 2017, the President of the Russian Federation signed amendments to the Labor Code of the Russian Federation (125-FZ), which touched upon the issues of providing part-time work, the procedure for providing breaks for rest and meals, the specifics of establishing an irregular working day for certain categories and amendments to Articles 152 and 153 of the Labor Code. Code of the Russian Federation, regulating the features of payment for overtime work and work on weekends and holidays.
Let's briefly dwell on each change and discuss what new they will bring to the organization of work with personnel.
1. Changes in part-time work
Article 93 of the Labor Code of the Russian Federation retains the possibility of establishing part-time work by agreement of the parties, but with the possibility of dividing the working day into parts.
There was a specification that part-time work can be established both without a time limit, and for any period agreed by the parties.
For employees (a pregnant woman, one of the parents (guardian, custodian) of 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), the establishment of part-time work remained the responsibility of the employer, but at the same time, a condition arose for which period this can be done - no more than for the period of the presence of circumstances that were the basis for the mandatory establishment of part-time work.
The conditions that the employer is obliged to take into account as the wishes of the employee, if he belongs to the above categories, are specified (working time and rest, work duration, start and end time, work breaks).
2. Irregular working hours
Article 101 of the Labor Code of the Russian Federation has been supplemented with a new part, according to which the procedure for establishing an irregular working day for employees working on a part-time basis is specified.
An irregular working day, by agreement of the parties to an employment contract, may be established for an employee working on a part-time basis, but with a full working day.
For example, if an employee has a 24-hour working week with three working days of 8 hours, then an irregular working day can be set. And if, with a working week of 25 hours, the employee is set a five-day working week, but with an incomplete day (5 hours), then the employer is not entitled to establish an irregular day.
3. The procedure for providing a break for rest and meals to employees who have a short working day
Article 108 of the Labor Code of the Russian Federation now provides for the possibility not to provide breaks for rest and meals to employees if the length of working time established by it does not exceed four hours a day.
4. Addition to the overtime payment procedure
Article 152 of the Labor Code of the Russian Federation was supplemented with a new part, according to which work on non-working and / or holidays and weekends in excess of the normal working time, paid in an increased amount or compensated for by providing another day of rest in the manner prescribed in Article 153 of the Labor Code of the Russian Federation, should not be taken into account when determining the amount of overtime payable. Those. in the number of hours (120 per year) these hours are included, but not paid, as they were already guaranteed earlier.
In practice, such issues are primarily faced by companies that have a summarized accounting of working hours. Arbitrage practice on this issue was very controversial - now this issue is specified in the labor legislation.
5. Procedure for payment for work on weekends and holidays
Article 153 of the Labor Code of the Russian Federation specifies that payment for work on a day off is made in proportion to the time worked, that is, the employer pays for the hours that the employee actually worked on the day off. At the same time, the Labor Code of the Russian Federation in this article now indicates a clear separation of the working and non-working or public holidays, which occurs at 00 o'clock and until 24 o'clock.
Therefore, the accounting of hours falling on different calendar days will be carried out separately and paid taking into account the change in the status of the day.
For example, if an employee went to work on night shift on a pre-holiday day, then a holiday will begin at 24.00 and payment for the entire time from 00.00 hours is doubled.
Similarly, this must be taken into account when business trips of employees, during overtime work, which may go beyond one calendar day, in other cases.
6. A technical addition was made to part of Article 279 of the Labor Code of the Russian Federation
This addition does not provide for the employer any changes in the procedure for applying the article. With its help, they are brought into a standard unified procedure for describing the norms in the Labor Code.
As for the date of its entry into force, we can say the following. Federal Law No. 5-FZ of June 14, 1994 “On the Procedure for the Publication and Entry into Force of Federal Constitutional Laws, Federal Laws, Acts of the Chambers of the Federal Assembly” determines the procedure for the entry into force of regulatory legal acts. Based on the requirements of Article 4, the official publication of a federal constitutional law, a federal law, an act of a chamber of the Federal Assembly is the first publication of its full text in Parliamentary Newspaper, Rossiyskaya Gazeta, Collection of Legislation of the Russian Federation, or the first placement (publication) on " Official Internet Portal of Legal Information (www.pravo.gov.ru). Federal constitutional laws, federal laws are sent for official publication by the President of the Russian Federation.
Article 6 defines the requirement that federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly enter into force simultaneously throughout the territory of the Russian Federation after ten days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force. .
The official publication of 125-FZ took place on June 18, 2017 on the website http://publication.pravo.gov.ru/SignatoryAuthority/president. Publication in the Russian newspaper - June 21, 2017. The effective date for these changes is June 29, 2017.
Establishment of state guarantees in the field of labor, creation favorable conditions for work, protection of the rights and interests of employees and employers are the main goals of labor legislation (Article 1 of the Labor Code of the Russian Federation). These issues are relevant for the vast majority of organizations and for many individual entrepreneurs. Recall that one of the fundamental documents governing labor Relations, is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will talk about some of the main changes to the Labor Code in 2017 in our material.
Eases for microenterprises
From 01/01/2017, the Labor Code was supplemented with a new Chapter 48.1 (Federal Law of 07/03/2016 No. 348-FZ). It establishes some features for employers who are.
Thus, a micro-enterprise has the right to refuse, in whole or in part, from the adoption of local labor regulations. We are talking, for example, about the rules of internal labor regulations, the regulation on remuneration or bonuses, shift schedules, etc. However, this does not mean that such issues in the micro-enterprise will remain unresolved. Those conditions that should have been provided for by local regulations, if the micro-enterprise refuses to develop such acts, must be included directly in labor contracts with employees. For this, the standard form of an employment contract approved by Government Decree No. 858 of August 27, 2016 should be used as the basis.
A new mandatory document when concluding an employment contract
On January 1, 2017, an amendment to Art. 65 of the Labor Code of the Russian Federation, concerning the list of documents to be presented when applying for a job. Recall that persons subjected to administrative punishment for consumption drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, until the end of the term of such punishment are not allowed to certain types works (clause 1, article 10 of the Federal Law of July 13, 2015 No. 230-FZ). These types of work include, for example:
- work directly related to the provision transport security(Clause 9, Part 1, Article 10 of Federal Law No. 16-FZ dated February 9, 2007);
- work directly related to the movement of trains and shunting work(Clause 3, Article 25 of the Federal Law of January 10, 2003 No. 17-FZ);
- work as a private security guard (clause 13, article 11.1 of the Law of March 11, 1992 No. 2487-1).
Now, upon admission to such types of work, it is necessary to present a certificate (Appendix No. 4 to Administrative regulations, approved Order of the Ministry of Internal Affairs of October 24, 2016 No. 665) on whether or not a person is subject to administrative punishment for such acts.
Amendments to the Labor Code: June 2017
The latest amendments to the Labor Code at the time of preparation of the consultation were in June 2017. Vladimir Putin signed amendments to the Labor Code on 06/18/2017. These new amendments to the Labor Code of 2017 come into force 10 calendar days after the day of official publication (Article 6 of Federal Law No. 5-FZ of June 14, 1994). On the official Internet portal of legal information http://www.pravo.gov.ru last changes in the Labor Code of the Russian Federation 2017 were published on 06/18/2017. This means that the amendments to the Labor Code 2017 come into force not on June 19 (the next day), but after 10 days, i.e. 06/29/2017. Indeed, in order for the amendments to the Labor Code to come into force on June 19, 2017, they would have to be published on June 8, 2017.
Amendments to the Labor Code 2017 on wages
Amendments to Art. 152 of the Labor Code of the Russian Federation specify the procedure for paying overtime. Recall that, as a general rule, overtime work is paid for the first two hours at least one and a half times, for subsequent hours - at least twice the amount or is compensated by providing an equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime work on weekends and non-working holidays, paid at an increased rate or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of "normal" overtime work, it is not taken into account.
Additionally, the features of remuneration on a weekend or non-working holiday are clarified. Article 153 of the Labor Code of the Russian Federation establishes that all employees are paid an increased amount of hours actually worked on a weekend or non-working holiday (from 00.00 to 24.00), even if such days account for only part of the working day (shift).