labor law the relationship is a legal relationship between the employee and the employer in the process of fulfilling the duties assigned to him by the employee.
The employment relationship is a voluntary legal connection employee with the employer, in which both parties in the production process are subject to the rules of internal work schedule, labor legislation, collective and individual labor contracts.
The relations themselves have specific features: they proceed under conditions of subordination to the rules of the internal labor schedule; the employee is usually included in the labor collective.
Subjects of labor relations
Participants (subjects) of labor relations are employees and employers. The subject of an employment relationship can be a foreigner (both as an employee and as a representative of the employer), and an individual citizen who accepts an employee as a housekeeper, personal driver, gardener, etc. can also be an employer.
Objects of labor relations
The object of the labor relationship is the skills, abilities, abilities of the employee, which he proposes to use to the employer and which are of interest to the employer in the process of labor organized by him. It is for them that the employer is willing to pay wages. AT market relations The price of a worker, like any commodity, is determined by supply and demand.
Types of labor relations
Depend on the type of the corresponding relationship and the specific type employment contract underlying the emergence and existence of this legal relationship. Therefore, in the same production, it is possible different types labor relations, since different types of employment contracts are possible (fixed-term, with an indefinite period, for the duration of seasonal work, part-time, etc.).
Of these, two specific types of labor relations are distinguished: in connection with part-time work; under a student agreement.
Their specificity is that part-time work creates a second labor relationship for the employee along with his main place of work. And the student legal relationship obliges the student, unlike other labor relations, not to work in the specialty, position, but to master this profession, specialty in the workplace. Then, after passing the qualifying exam, the student legal relationship is fully transformed into an employment legal relationship but of the received specialty or profession.
Main features:
1) are based on an agreement between the employee and the employer
2) involve personal performance by the employee for a fee labor function(work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee)
3) are based on the subordination of the employee to the rules of internal labor regulations
4) the employer provides the employee with the working conditions provided for labor law and other normative legal acts containing labor law norms, collective agreement, agreements, local regulations, labor contract.
The performance of works and services is possible on the basis of not only an employment contract, but also a civil law contract (work contract, contract for the provision of services for a fee, contract for the performance of research and development work). In this regard, it is important to distinguish between the scope of labor and civil law.
The concept of labor relations
An employment relationship is a legal relationship between an employee and an employer in the process of fulfilling the duties assigned to him by the employee.
Employment relationship- this is a voluntary legal relationship between an employee and an employer, in which both parties in the production process are subject to labor legislation, collective and individual labor contracts.
Relationships themselves have specific features:
- proceed in conditions of subordination to the rules of internal labor regulations;
- the worker is usually included in the .
Participants (subjects) of labor relations are workers and employers. The subject of an employment relationship can be a foreigner (both as an employee and as a representative of the employer), and an individual citizen who accepts an employee as a housekeeper, personal driver, gardener, etc. can also be an employer.
Objects of labor relations
The object of the labor relationship is skills, abilities, skills, which he proposes to use to the employer and which are of interest to the employer in the process organized by him. It is for them that the employer is willing to pay. In market relations, the price of an employee, like any commodity, is determined.
Types of labor relations
They depend on the type of relevant relationship and the specific underlying the emergence and existence of this legal relationship. Therefore, in the same production, different types of labor relations are possible, since different types of labor contracts are possible (fixed-term, with an indefinite period, for the duration of seasonal work, part-time work, etc.).
Of these, two specific types of labor relations are distinguished:
- in connection with part-time work;
- under a student agreement.
Their specificity is that part-time work creates a second employment relationship for the employee along with his main place of work. BUT student relationship obliges the student, unlike other labor relations, not to work in the specialty, position, but to master this specialty in the workplace. Then, after passing the qualifying exam, the student legal relationship is fully transformed into an employment legal relationship but of the received specialty or profession.
Features of labor relations
A distinctive feature of labor relations is that labor relations are personal, i.e., with the development of the freedom of the labor contract, the individualization of the labor relations of the employee develops.
Another feature is that these relationships are built on compensated started, associated with mandatory remuneration for work in the form wages.
The third feature is that labor relations are of a continuous nature i.e. they do not stop after the employee has completed a certain job task, but is associated with the performance of a certain labor function (work by position in accordance with the staff list, profession, specialty, indicating qualifications; or specifying the type of work assigned to the employee) - Art. 15 of the Labor Code of the Russian Federation.
Legislation establishes that labor relations based on the certainty and stability of labor employee functions, and prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).
Both an employment contract and an employment relationship arising from it are always mutual and bilateral.
Both parties to an employment relationship have the right to demand that the other subject fulfill its job duties submitted legal relationship.
Since the employer has the right to disciplinary power, he himself can punish the employee if he fails to fulfill his duties in accordance with labor legislation, bring him to disciplinary and liability, and both parties can resort to the coercive power of the state. This characterizes the volitional content of labor relations, which is supported by labor law norms that provide normal, safe, appropriate pay, compensation for harm (damage), the possibility of dismissal, etc.
The emergence, change and termination of labor relations
, determining the emergence, change and termination of labor relations, usually associated with the moment of conclusion, change and termination(Article 16 of the Labor Code of the Russian Federation). But it should be noted that these legal facts do not always represent a kind of action (hiring and dismissal of an employee), sometimes these are circumstances that are in the nature of events (the death of an employee, extraordinary circumstances, etc.). In addition, often legal facts may provide participants with an alternative choice (for example, grounds for dismissal) or have a complex composition that includes several circumstances together (for example, the existence of guilt, the wrongfulness of the act, the existence of damage and the causal relationship of wrongful guilty behavior and material damage).
The basis for the emergence An employment relationship is usually considered an employment contract. For employees holding elective positions, the basis for the emergence of their labor relations is the fact of being elected to this position. For some categories of workers, the basis for the emergence of labor relations is a complex set of legal facts, when, in addition to an employment contract, it is preceded or followed by some kind of legal fact. So, for persons accepted by competition, the conclusion of an employment contract should be preceded by their election by competition for this position. The complex composition of the emergence of labor relations in 14-year-olds, when the employment contract must be preceded by the consent of the parents.
The fact of the emergence of an employment relationship can be actual tolerance to work even if the hiring was not properly processed.
Change of labor relations may be due to lawful action. Changes will be considered the circumstances specified in Chapter 12 of the Labor Code of the Russian Federation.
The employment relationship is terminated the fact of termination of the employment contract on the grounds provided for by law (Chapter 13 of the Labor Code of the Russian Federation).
An employment relationship is a voluntary legal relationship between an employee and an employer regarding the application of his knowledge, skills, abilities and skills in the labor process. The employee undertakes to personally perform a certain labor function and obey the internal labor regulations in force in this organization, and the employer undertakes to provide work stipulated by the contract, pay for his work and create the necessary conditions in accordance with labor legislation, collective agreement and labor contract.
Unlike civil legal relations, which can arise from all legal facts (events, lawful and illegal actions), labor relations arise only from a legitimate expression of will, a legal act aimed at establishing an employment relationship, that is, from an employment contract.
The parties and subjects of an employment relationship are the employee and the employer. In addition to the parties, trade unions, other representative bodies of employees, representative bodies of employers, including heads of organizations, are recognized as subjects of labor relations.
The subjects of labor law are participants in public relations, endowed by legislation and specified contracts with certain rights and obligations in the process of fulfilling the functions and regulatory requirements assigned to them.
The rights and obligations of participants in labor relations are enshrined in articles 21, 22 of the Labor Code of the Russian Federation, in accordance with which
the employee has the right to:
Conclusion, amendment and termination of an employment contract in the manner and on the terms established by this Code, other federal laws;
Providing him with a job stipulated by an employment contract;
A workplace that meets the conditions stipulated by state standards for the organization and safety of labor and the 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 individual professions and categories of employees, providing weekly days off, non-working public holidays paid annual leave;
Complete 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 this 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 this Code, other federal laws and the collective agreement;
Conducting collective negotiations and conclusion of 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 this 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 this Code, other federal laws;
Mandatory 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 labor protection and labor safety requirements;
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.
The employer has the right:
Conclude, amend and terminate employment contracts with employees in the manner and on the terms established by this Code, other federal laws;
Conduct collective negotiations and conclude collective agreements;
Encourage employees for conscientious efficient work;
Require employees to fulfill their labor duties and respect the property of the employer and other employees, comply with the internal labor regulations of the organization;
Bring employees to disciplinary and material liability in the manner prescribed by this Code, other federal laws;
Accept local regulations;
Establish associations of employers 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 occupational health and safety;
Provide employees 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 this 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 this 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 on 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 this 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 this Code, federal laws and other regulatory legal acts;
Fulfill other duties stipulated by this Code, federal laws and other regulatory legal acts containing labor law norms, a collective agreement, agreements and labor contracts.
The list of rights and obligations can be further specified and specified by collective and individual agreements.
Subjective rights and obligations directly arising from the law represent the core legal status subject of labor law and are called statutory, that is, fundamental, unchanged,
guaranteed and supported by the entire might of the coercive apparatus of the state. For example, the rights of citizens in the sphere of labor are statutory, enshrined in Article 37 of the Constitution of the Russian Federation, in the articles of the Labor Code of the Russian Federation, in federal laws Russian Federation regulating labor and other legal relations directly related to them.
Labor relations are volitional social relations that develop as a result of the application work force to the means of production.
These relationships arise where and when the employee is included in the staff of the organization for personal performance. determined by the treaty labor function for a fee, obeying the labor schedule established in the organization.
The specific features of labor relations are as follows:
Enrollment of a citizen in the staff of the organization;
Personal performance of their labor duties;
Execution of powers within a certain labor function1;
Submission to the labor regime established in the organization (rules of internal labor regulations, shift schedules, safety instructions, orders of managers, etc.);
Compensation of labor relations, that is, the unconditional obligation of the employer to pay for the work of the employee.
Characteristic features of labor relations are that they are always:
Double-sided;
customized;
lasting;
Targeted.
Definition 1
At its core, employment relationship is a type of social relationship based on the performance of a specific job. It is regulated by labor law within the framework of an agreement concluded between the employee and the employer. In this case, the first is obliged to obey the internal regulations in force at the enterprise or organization. And the second is to ensure the working conditions provided for by labor legislation, collective and labor contracts.
Signs of an employment relationship
The following main features of labor relations are distinguished:
- the personal nature of the rights and obligations of the employee;
- predetermined labor function;
- observance of labor discipline;
- reimbursable nature of the labor relationship;
- each of the subjects has the right to terminate the employment relationship.
Let's consider the above features in more detail.
- The employee is obliged to participate in the production or other activities of the employer solely by his own labor. . There is no such restriction in civil law, in which the contractor has the right to involve other persons in the performance of work.
- The content of labor is predetermined by the specialty, qualification or position of the worker. In an employment relationship, we are not talking about the fulfillment of a separate individual task by a specific date, which is typical for civil law obligations related to labor activity.
- Since the performance of the labor function is carried out in a team, then the employee is obliged to obey the requirements of labor discipline and internal regulations installed at the enterprise or in the organization. In other words, the labor relationship combines both coordination and subordination elements. The principle of freedom of labor is combined with subordination to higher authorities.
- Compensatory nature of the labor relationship manifested in the payment of wages, which is carried out by the employer, as a rule, in monetary form. The peculiarity of the employment relationship is that payment is made for the work carried out by the employee systematically during the established working hours.
- An employment relationship is complex because each of its parties has corresponding rights and obligations. Both the employee and the employer can terminate their legal relationship without any sanctions, if the provisions of Chapter 13 of the Labor Code of the Russian Federation were not violated.
Picture 1.
Types of labor relations
All types of labor relations can be divided into three groups:
- basic;
- related and organizational and managerial;
- protective.
The main labor relations are the relations between the employee and the employer.
Accompanying and organizational and managerial are relations related to issues of employment, organization and management of labor, as well as the activities of trade unions to protect the rights of workers and social partnership legal relations. This group includes preparation, professional retraining and staff development.
Protective legal relations are connected with the control and supervision of compliance with labor laws, the liability of employees and employers, the resolution of labor disputes and social insurance issues.
AT modern Russia There are the following main types of labor relations:
- promotion of employment and employment;
- relationship between employee and employer;
- organization and management of labor;
- professional training, retraining and advanced training of personnel;
- relations between trade unions and employers to protect the rights of workers;
- social partnership relations;
- control and supervision of compliance with labor legislation;
- material liability of the parties to the employment contract;
- resolution of labor disputes;
- social insurance.
All of the above types of legal relations are determined by the subject of labor legislation. They differ from each other in subjects, content, as well as the grounds for the emergence and termination of relations.
The object of the labor relationship
The performance of certain work, the nature of which is determined by the specialty, qualification or position of the employee, is the object of an employment relationship.
Remark 1
Thus, the various benefits created in the process of work are practically inseparable from the production activities. For example, the beneficial effect of a lesson taught by a teacher is difficult to determine in actual terms. Therefore, the material content of the labor relationship is the actual behavior of its participants, regulated by a combination of their rights and obligations.
Origin, change and termination of an employment relationship
The basis for the emergence of most labor relations is the conclusion between the employee and the employer of an employment contract. The legal significance of this document lies in the fact that it represents the basic basis for the further development of labor law.
Remark 2
The content of the employment contract includes all the conditions that determine the rights and obligations of its parties. A variation of this document is an employment contract, which can be concluded by the employer with representatives of creative, scientific or sports professions. A change in the employment relationship is expressed in the transfer of an employee to another job at the initiative of the administration of an enterprise or organization. Such a transfer is possible only with the consent of the employee or in case of production necessity, as well as in connection with downtime for one reason or another.
An employee can also apply to the employer with a request to transfer him to another job, for example, for health reasons or in case of temporary incapacity for work.
Termination of an employment relationship is possible both by mutual agreement of the parties, and at the initiative of the employee or employer. Labor legislation gives an employee the right to terminate an employment contract that does not suit him at any time. The citizen is obliged to notify the administration of the enterprise or organization of his intention two weeks before the dismissal, having done this in writing. However, the employer has the right to terminate the employment contract with the employee before the two-week period established by law.
§ 2.2 Object and types of labor relations
The object of the labor relationship is the performance of a certain kind of work, characterized by a certain specialty, qualification position.
The characteristic of the object of the labor relationship is currently not unambiguous, since in labor relations the object is essentially inseparable from their material content (behavior of the obliged, etc.). The useful effect delivered by the employee (lecturing, etc.) can be consumed, as a rule, during the production process. And since in labor law material goods (objects) are practically inseparable from labor activity employee, then the characteristic of the material content of labor relations exhausts the question of their object.
The material content of an employment relationship is understood as the actual behavior of its participants (subjects), which is ensured by subjective labor rights and obligations. The factual is always secondary and is subject to the legal (volitional) content of the labor relationship, which is formed by the subjective rights and obligations of their participants. The content of these rights and obligations is expressed in the legal possibility, within the boundaries established by law, to act, demand, claim, enjoy benefits, etc. and the obligation to satisfy the mutual interests and needs of other subjects.
Based on the unity of the material and legal (volitional) components, we can say that the subjective rights and obligations of employees included in the content of the labor legal relationship are realized and concretized statutory rights and obligations that make up the content of the legal status of employees. These rights and obligations of the subjects of labor relations will be discussed in the next section of the work. There are material interest in the results of labor activity, satisfaction of economic, social needs employee and employer, protection of the respective labor rights of subjects.
Such a concept of labor relations seems to be broader, it includes the actual labor relation employee and employer and other social relations directly related to labor. Each of these legal relations differs in subjects, content, grounds for occurrence and termination.
The types of labor relations are determined by the subject of labor law, and among them are:
Legal relations to promote employment and employment;
Labor relations between the employee and the employer;
Legal relations on the organization of labor and labor management;
Legal relations according to vocational training, retraining and advanced training of employees;
Legal relations of trade unions with employers to protect the labor rights of employees;
Legal relations for supervision and control;
Legal relations on the material liability of the parties to the employment contract;
Legal relations to resolve labor disputes;
All types of legal relations can be divided into:
Basic (labor relations);
Related and organizational and managerial (on employment, organization and labor management);
Protective legal relations (on supervision and control, liability of the parties to the employment contract, resolution of labor disputes, compulsory social insurance).
Identification and analysis of the features of labor relations
Labor Law
labor law employee legislation The theory of law defines legal relations as social relations regulated by legal norms ...
Grounds for the emergence of labor relations
The grounds for the emergence of labor relations are legal facts and complex legal structures that exist due to the existence of an appropriate legal norm ...
Grounds for the emergence, change and termination of labor relations
Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of the cases described below...
Concept, structure, labor law norms
The main place among the social relations that make up the subject of labor law is occupied by labor relations. They are formed both in the very process of production of material and spiritual goods, and in the sphere of services and services ...
In the process of life, people come into contact with each other, organs state power and management various organizations in various kinds of relations: economic, including material ...
Legal analysis of labor relations
The main legal relationship in labor law is the actual labor relationship between the employee and the employer. There are quite a lot of grounds for classifying labor relations ...
Legal analysis of labor relations
Civil law regulates relations fundamental in the life of society - relations between citizens and organizations, legal status participants in civil circulation ...
Regulation of labor of minors
A change in labor relations is always associated with one or another change in the employment contract, the terms of which can only be changed by agreement of the parties and in writing (part 4 of article 57 of the Labor Code) Labor Code Russian Federation from 30.12...
The system of labor relations and problems of their improvement in Russia
The subjects of an employment relationship are the employee ( individual) and the employer. It is well known that the subject of law is a person recognized by law as capable of entering into a legal relationship and acquiring (be a bearer of) rights and obligations ...
Theoretical analysis of legal relations in the field of labor law
The subjects of labor relations are participants in public relations regulated by labor legislation, who may have labor rights and obligations and exercise them ...
Labor relations
The legal definition of labor relations is given by the Labor Code of the Russian Federation. Employment relationships...
Characteristics of the rights and obligations of the parties to the employment contract
Domestic legal science under the subjects of law understands such participants in public relations / citizens, organizations / ...