What is the protection of labor rights of workers? Why is it needed, what functions does it perform, and in what cases are employees entitled to various compensations, and employers - restrictions and fines?
The facts show that such a side labor relations as a worker, the least protected. Leaders are different. It is difficult to call the management of some of them nothing but arbitrariness. Therefore, it is very important that the state protect employees from exceeding the powers of the head. Different states have different levels of such protection. But let's talk about Russia in more detail.
Residents of Russia have long been accustomed to the fact that higher authorities protect their rights. Ever since the domination of the Soviet political system. And this protection begins with the use of documents such as the Labor Code (LC). First of all, it is the Code that guarantees such protection.
The TC was created according to the traditions of the Labor Code. Particularly for this, section No. 13 was withdrawn. It regulates the concept and forms of protection of labor rights of workers, and other important issues. For example (far from all issues are mentioned below), how labor disputes are resolved, what responsibility the authorities will bear if the labor rights of the employee are infringed. That is, the legislation is interested in ensuring that all measures to protect the labor rights and freedoms of workers are implemented.
Speaking about this concept itself, it is first necessary to decide in what aspect it is of interest. It can be considered in narrow and broad aspects.
The protective function of labor law is the broad meaning of this concept. It, in turn, reflects the same function of the entire state. The protection of the labor rights of workers consists of several components, with the help of which it protects the rights of workers. But they will be discussed in more detail below.
In the meantime, it must be said that the protection of the rights of company employees in the broad sense includes this concept in the narrow sense. In a narrow sense, protection of rights is understood as a guarantee under which all rights of employees will be observed. They will be protected from violations, and employees of the organization - from them. If there has been an illegal violation of rights, protection means their real restoration. As well as a guarantee that, in accordance with the Labor Code and the instructions of the relevant authorities, employers will bear the responsibility provided for their violations. This responsibility should not be nominal, but more than real and effective.
Methods of protection that are used to protect the rights of employees
All of these methods are listed below:
- Promotion of the implementation of the TC in all possible ways. First of all, through the most frequently used media.
- Establishment at the state level (with the help of other documents of labor legislation) the most decent working conditions at the enterprise. This also includes the guarantee of labor rights, which are increased and, if necessary, supplemented. They are developed by regional labor laws.
- Continuous improvement of democratic production. It can be carried out both with the help of representatives and directly. Democracy through representatives is understood to mean “through other employees or trade union organizations”. It is important that the employees themselves help to form the internal regulations, decide whether it is necessary to conclude collective agreements. It is very important that not only the employer makes such decisions. In this way, a kind of equality between the employer and the people working for him is realized.
Including methods involve the implementation of such an important point as social protection personnel.
In addition, the rights of employees are required to protect organizations that deal with labor disputes. It is equally important that their social security is also ensured. If necessary, staff should be able to apply to the courts.
Different types of control over the rights of employees, who exercises it
The most important and having the opportunity to make the most important decisions is state control. The organizations that are responsible for it include companies involved in labor protection.
Supervision and control over compliance with the rights of personnel is divided into several types:
- preliminary;
- current;
- subsequent.
The implementation of the last of these types of control is carried out by such organizations as the prosecutor's office and the court. They start their work in the event that it was revealed that the labor rights of employees and labor protection rules were violated. By the way, it is the rules of labor protection that regulate such an important thing as the social protection of workers.
In other cases, a large number of other organizations deal with issues of supervision and control in the sphere of labor. To ensure that all labor laws are executed as accurately as possible, the Prosecutor General's Office of the Russian Federation and lower bodies of this kind are constantly working.
Which organization is responsible for state control over the observance of the rights of workers and all labor protection laws? First of all, it is produced with the help of the Federal Occupational Safety and Health Inspectorate and other agencies that are subordinate to it. It is the Federal Inspectorate that is the main body that regulates the protection of workers' rights.
Other important points about these organizations
Together with the inspectorate, organizations specially designed for this purpose control the safety of work in certain industries.
The activities of each of these bodies are regulated by special provisions relating to each of them.
What rights does each of these organizations have? In particular, they can visit any organization or production under their jurisdiction at any time without any obstacles. Of course, only if they need to do this to check or investigate accidents. In addition, they have the right to issue instructions to the administrations of these industries, which those in without fail must fulfill. If the equipment being used is found to be defective, they have the right to temporarily stop using it. If the officials production organizations committed labor offenses, then these authorities have the right to impose fines on them.
In addition to the organizations mentioned above, trade union organizations play an important role in monitoring the protection of workers' rights.
This is one of the forms of association of workers. The rights of trade unions are regulated by the Labor Code of the Russian Federation. This organization has a lot of power. In particular, management cannot accept a single document that says anything about the rights and obligations of workers without taking into account the opinion of trade unions. Every worker has the right to join a trade union. This right is given to him by the Constitution of the Russian Federation. How is the activity of trade union organizations regulated?
First of all, by themselves and various regulations. But, as already mentioned, they have many rights, thanks to which all measures of social protection of personnel are provided in practice. Therefore, this service is very important.
A few words of conclusion
In accordance with the legislation, the protection of the labor rights of workers by trade unions and other organizations should help make their work safe, in compliance with all measures to protect workers (including the protection of their rights), and their social security.
On the territory of the Russian Federation, every citizen has his own rights and obligations, which are protected by the Constitution of the Russian Federation. The protection of the rights of participants in labor relations is regulated by the labor code. This law, article 22 of the Labor Code of the Russian Federation, formulates the basic rights of the director of an organization and ways to protect them. In addition, the director must know his duties and fulfill them within the law. Labor law includes rather strict requirements for a director than for an employee, so he is a less protected side of labor relations.
Protection of the rights of employers under labor law
The Labor Code of the Russian Federation basically contains the maximum security of the employee, but disagreements about the violation of these rules occur constantly. The reason for this is ignorance of their rights and obligations, first of all, the director of the organization. The relevance of this phenomenon is high, therefore, the study of the laws on the capabilities of the director is necessary in every organization.
In the Labor Code of the Russian Federation, the function of society is most developed, and the law relies, first of all, on the need to establish state guarantees for the working opportunities and freedoms of a citizen, as well as to create comfortable working conditions. The main idea of protecting the employee, as a weaker participant in the working relationship, is that the principles are established legal regulations working relations, Art. 2 of the Labor Code of the Russian Federation. But, it is worth noting that, in addition to this, another function has become developed - economic. This function is explained as ensuring the development economic activity. Therefore, in Art. 2 of the Labor Code of the Russian Federation there are several principles dedicated to the ability to defend oneself as a director.
These are principles such as:
- the ability of directors to associate for security;
- possibility of social partnership;
- setting up state guarantees for being protected;
- the possibility of demanding from the employee the fulfillment of the assigned tasks and the preservation of the property of the company.
Employer Protection Act
The legal powers of a manager include:
- the ability to conclude, change or terminate an employment contract;
- to bring the employee to responsibility, both material and disciplinary;
- demand from the specialist the fulfillment of duties, compliance with internal rules and disciplines.
The federal law governing labor relations contains a wide range of legal duties and powers of the director, the application of which exempts the employer from negative consequences found in jurisprudence.
Methods and forms of protection of the labor rights of the employer
The main legal rules and means of protecting employers are the labor code and local regulations. Briefly, several groups of certain norms can be identified that protect the interests of managers:
- protection from the incompetence of employees;
- protection from employee misconduct;
- protection from unfounded claims made by employees;
- protection of the executive interests of the head.
Protection of the rights of the employer in labor disputes in court
Dismissing an employee or holding accountable for a violation is a complex procedure that includes several stages. The solution of this issue in court most often frightens managers, which gives an advantage to the employee. Special department for labor issues consumer aims to resolve disputes in favor of the working class. Exist specialized companies to defend executives in court. The service of this company is to collect the necessary evidence and documents confirming the legality of the director's actions in the process of dismissing an employee.
Problems of protecting the rights of employers
The main problem in violation of labor relations is ignorance of their legal capabilities as a leader. The contract between the director and the subordinate has many pitfalls, if drafted erroneously, the truth remains with the worker.
Employers are well aware that the Labor Code protects, first of all, the interests of the employee. It is correct - after all, the employee in these legal relations " weak side". However, sometimes this party begins to exercise its rights to the detriment of the employer. What mechanisms do employees use to abuse their rights, and how should they counter their actions?
Introductory information
In practice, almost every personnel officer or accountant who performs his duties has to face the so-called personnel blackmail. As a rule, with the help of blackmail, the employee tries to "knock out" some concessions for himself. And in such cases, the employer always has options: agree or argue. The decision is usually made taking into account possible labor costs and time costs.
But there are also situations when an employee “fights” under the banner of the Labor Code, as they say, out of principle. And in such a situation, he has to resist. The basic principle of such confrontation is correct design all documents.
Refusal to sign
The labor code requires almost everything important documents hand over to the employee under the signature. Employees know this and often try to blackmail the employer by not signing the document, thereby blocking its action.
However, it is quite easy to deal with such blackmail. After all, the mechanism of struggle is provided for by the same Labor Code (see, for example, the Labor Code of the Russian Federation). If an employee refuses to sign a document, this fact must be recorded by drawing up an act in the presence of "witnesses" - two, and preferably three employees (preferably not related to the one who refuses to sign).
This procedure is as follows. The employee, in the presence of witnesses, is read out the document, from which he refuses to sign on familiarization. Then he is invited to put his signature, certifying that he is familiar with the document. If he refuses to put such a signature, the "witnesses" and the employee who read the document sign the corresponding act.
In this act, we indicate the date, place and time of the "action", as well as a list of persons present when the act was drawn up. Then the essence is stated: what kind of document (name, details), by whom and to whom it was read. Further the fact of refusal of the signature is fixed. You can also make a note that the act was drawn up in the presence of the refused employee and presented to him for signature.
The described act might look something like this:
Society with limited liability"Lampas"
Vladivostok city, August twenty-seventh, two thousand and fourteen
By me, the leading specialist of the personnel department Pronina I.P., in the presence of:
Deputy Head of the Expeditionary Service I. P. Stolyarova;
merchandiser Pavlova N. S.;
Secretary Ivanov R.P.;
manager of the expedition department Karlov P.S.,This Act has been drawn up as follows:
today, 08/27/2014, at 10:28 am, in the premises of Lampas LLC at the address: Vladivostok, st. Molostovyh, d. 7, of. 25 I presented to the manager of the expedition department Karlov P. S. for review the notification dated August 25, 2014 No. 28 “On changing the working hours”. Karlov P.S. from familiarization with the named notification under the signature refused. After that, this notice was read aloud by me in the presence of Karlov P.S.Acquainted with the act:
expedition department manager /Karlov P.S./
Karlov P.S. refused to get acquainted with the act.We confirm the facts set forth in the Act:
Deputy Head of Expeditionary Service Stolyarova /Stolyarova I.P./
Merchandiser Pavlova /Pavlova N.S./
Secretary Ivanova /Ivanova R.P./Leading Specialist of the Human Resources Department Pronina /Pronina I.P./.
This document is filed and stored along with the one the employee refused to get acquainted with. Accordingly, from the moment of signing such an act, the employee is considered to be properly acquainted with the document.
Similarly, it is necessary to act in the event that the employee refuses to appear at all to familiarize himself with the document. An act is drawn up about this, where the fact of an attempt to familiarize the employee with the document and his actions in connection with this is recorded.
Didn't pick up workbook
Another common situation when an employee tries to “make money” from an employer is avoiding receiving work book upon dismissal. The calculation here is simple: issuing a work book is the responsibility of the employer. Without a work book, an employee is deprived of the opportunity to find a job, which means that the employer who “withholds” the work book must pay for the time of such forced absenteeism.
It should be noted that if the employer does not begin to counteract such actions of the employee in time, the chance to pay for such “absenteeism” is really high. What should be done if the employee did not appear for the work book on the last working day?
pregnant workers
Separately, it is worth mentioning the various methods of blackmail associated with the pregnancy of workers. Here situations usually develop according to two scenarios. The first is provoking termination employment contract at the initiative of the employer, dismissal and subsequent claims that at the time of dismissal the employee was pregnant and, accordingly, the dismissal is illegal. The second is the actual refusal to work by a pregnant employee with the expectation that she cannot be fired for absenteeism and other violations of the Labor Code of the Russian Federation.
Unfortunately, in the first of the situations described, it is almost impossible for an employer to protect himself from blackmail. The only thing that can be done in such a situation is to check the reality of the issued certificate and, if it turns out that it is fake, initiate criminal prosecution of the employee. The employer can organize such a check on his own by sending a request to the organization that issued the certificate, or petition the court if the matter has gone to trial. Remember that the key point in such disputes is the date of pregnancy, which at the initial stages is set according to the woman’s words and is further specified based on the results. medical examinations. You can also play on this clarification by defending the legality of the dismissal.
You can also try to justify the legality of the dismissal by referring to the abuse of the right (Decree of the Constitutional Court of the Russian Federation, Appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated 09/26/12 in case No. 33-3295 / 2012). But here you will need evidence of dishonest actions of the employee. For example, a significant and unexplained time interval between dismissal and going to court, testimonies of witnesses about the facts of blackmail, etc.
If the certificate and dates of pregnancy are beyond doubt, then the employee will have to be reinstated at work with the payment of all amounts due (paragraph 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation).
With the second situation, everything is a little easier. Yes, the employer is not entitled to dismiss such a truant, but he is also not obliged to pay her wages. So, in this case, it is necessary to act in the same way as in the situation with the missing worker described above. That is, to record the facts of absenteeism in personnel documentation.
One of the most frequent violations of the rights of employees is non-payment overtime hours work, as well as violations in the calculation, including personal coefficients in the formation of wages.
In addition, it is also necessary to highlight such violations as numerous processing which, as a result, lead to a deterioration in the quality of services provided. These disorders are most common in the medical and pharmaceutical workers or social workers.
Also, in the same area, no matter how strange it may seem, violations of sanitary and hygienic working conditions are most often observed (which include both numerous overwork by staff and non-compliance with hygiene rules, clear requirements for which are established by special professional regulations).
Speaking about violations of workers' rights, it should also be noted that not all employers seek to support the participation of their employees in various professional associations and often even hinder it.
This should also be considered as an infringement or violation of the labor rights of workers, since in Labor Code () it is clearly stated that workers, in particular workers in the medical and pharmaceutical industries, who participate in such associations have every right to this and this is one of the fundamental freedoms.
About other employee rights and basic principles legal regulation labor relations are described in detail in and and, which describe the rights and obligations of the employer and employee.
So what to do if the rights have been violated? The answer is clear - protect them. And there are different ways and principles for this.
Protection Options
Such a phenomenon as the protection of the labor rights of employees, labor law (Labor Code of the Russian Federation, Article 352) defines a list of procedures or actions that an employee can carry out and on one's own and with the help of competent organizations depending on the severity of the violation.
Article 352. Ways to protect labor rights and freedoms
Everyone has the right to protect their labor rights and freedoms by all means not prohibited by law.
The main ways to protect labor rights and freedoms are:
- self-protection by employees of labor rights;
- protection of labor rights and legitimate interests of workers by trade unions;
- state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms;
- judicial protection.
And so, if the boss violates the rights of employees very actively, the employees themselves have several legal protection options, the main of which are:
- self-defense(the concept of "self-defense" means legal actions aimed at protecting violated own labor rights without involving third-party organizations);
- appeal to unions in order to seek help from the specialists available there;
- interaction State Inspectorate for the Protection of Workers' Rights(in another way, this organization is called the labor inspectorate or the federal labor inspectorate);
- appeal to judicial organs.
If we consider each of these options separately, it should be noted that going to court, as well as to the bodies of the Prosecutor's Office of the Russian Federation, is extreme stage in the resolution of labor disputes, which should be resorted to only if it turned out to be simply impossible.
Self-defense of labor rights of workers, as mentioned above, does not imply involvement of any third-party organizations by the employee in order to resolve labor disputes.
This method is possible if the rights are affected one particular specialist and there is an opportunity to resolve the disagreements that have arisen by negotiating with the head or his authorized representatives.
AT trade unions there is an appeal in the event that it was not possible to resolve the disagreements directly through negotiations and the person remained socially unprotected.
Moreover, this may be an appeal as to representatives of the trade union in a specific organization, and at a higher interorganizational level. Here, a thorough analysis of the specific situation with the study of the root causes of its occurrence is already taking place.
The rights of trade union organizations to monitor the protection of workers' rights are discussed in.
However, the decisions of trade union bodies in accordance with Art. 371 of the Labor Code of the Russian Federation are not binding, but rather recommendatory., since such bodies are not endowed with power, unlike labor inspectorates.
Article 371 of the Labor Code of the Russian Federation. Decision-making by the employer, taking into account the opinion of the trade union body
The employer makes decisions taking into account the opinion of the relevant trade union body in the cases provided for by this Code.
Labor Inspections, which is obvious from Article 355 of the Labor Code of the Russian Federation, this is already higher service, if we talk about the hierarchy in the structure of bodies aimed at protecting the labor rights of employees of certain organizations, the stages of protection.
Article 355
The activities of the federal labor inspectorate and its officials is carried out on the basis of the principles of respect, observance and protection of the rights and freedoms of man and citizen, legality, objectivity, independence and publicity.
The main tasks of the federal labor inspectorate are:
- ensuring observance and protection of labor rights and freedoms of citizens, including the right to safe conditions labor;
- ensuring compliance by employers with labor legislation and other regulatory legal acts containing labor law norms;
- providing employers and employees with information about the most effective means and methods of compliance with the provisions of labor legislation and other regulatory legal acts containing labor law norms;
- bringing to the attention of the relevant state authorities the facts of violations, actions (inaction) or abuses that are not subject to labor legislation and other regulatory legal acts containing labor law norms.
Their decisions, aimed at restoring the infringed interests of workers, are already in the nature of not just recommendations, in contrast to the decisions taken by the trade union. If the employer decides to refuse to comply with the decision made by the representatives of the labor inspectorate, the employee, with the support of such representatives, can go to court to restore their violated rights.
Judicial consideration of labor disputes occurs, oddly enough, often enough currently. This is due, first of all, to the fact that the appeal to this instance is the easiest to file, and also to the fact that the decision issued by the judge, for execution by the employer, will be compulsory. Otherwise, the latter may incur big fines.
However, the process of consideration of labor disputes that have arisen in the courts various levels very lengthy. It is for this reason that an appeal to this instance must be considered as last resort struggle for their violated rights (for example, in the event of bankruptcy of the employer, if he refuses to compensate for the work of his subordinates).
The duration of the review here is due to a number of reasons:
- first, big workload the courts themselves and the judges who hear cases;
- secondly, the procedure scrutiny all submitted documents in order to prevent the possibility of a miscarriage of justice.
In addition, going to court also entails certain material costs for an employee in the form of payment of state fees, including for certification of copies of materials provided along with the statement of claim to confirm their innocence.
And yet there are enough situations when it is impossible to do without going to court. The reasons why an employee can apply to this authority are listed in Article 391 of the Labor Code of the Russian Federation.
Article 391. Consideration of individual labor disputes in courts
The courts consider individual labor disputes at the request of the employee, employer or trade union protecting the interests of the employee, when they do not agree with the decision of the commission on labor disputes or when an employee goes to court, bypassing the commission on labor disputes, as well as at the request of the prosecutor, if the decision of the commission on labor disputes does not comply with labor legislation and other acts containing labor law norms.
Individual labor disputes are considered directly in the courts on the basis of applications:
- of the employee - on reinstatement at work, regardless of the grounds for termination of the employment contract, on changing the date and wording of the reason for dismissal, on transferring to another job, on payment for the time of forced absenteeism, or on payment of the difference in wages during execution underpaid work, on unlawful actions (inaction) of the employer in the processing and protection of the employee's personal data;
- employer - on compensation by the employee for damage caused to the employer, unless otherwise provided by federal laws.
- Individual labor disputes are also considered directly in the courts:
- about refusal to hire;
- persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and employees of religious organizations;
- individuals who believe they have been discriminated against.
Required documents
Only if you try self defense of their violated labor rights, the employee can only get by with a written statement or claim letter in the name of the head, in which he will provide his reasoned position with evidence of the identified violation.
In other cases, it is necessary to talk about a number of documents, which must be submitted to the appropriate body that protects the violated interests.
This package of documents will include:
- a statement requesting consideration of the relevant complaint (in the case of judicial review, we are talking about a statement of claim with detailed description circumstances that have arisen);
- certified copy of work book or employment contract proof of employment the respective employer;
- certified copy job description in which the labor rights and obligations of the employee in a particular position are clearly fixed;
- certified copy of the order on appointment to a specific position with the assignment of appropriate duties to the employee.
Rest Required documents Labour Inspectorate, as well as the court, will request on their own if necessary.
Such documents may include encouragement orders., disciplinary penalties in relation to the employee characteristics applied employee from previous jobs.
All this is aimed at creating a holistic picture of personality who applied in order to identify possible hidden motives for dishonest behavior of the employee himself.
The main document on the basis of which the employee’s complaint about violations of his labor interests is considered is statement.
There are certain requirements for its preparation, which must be taken into account in order to fully and competently consider the case on the merits. These requirements should include:
- full passport data the applicant himself, which will include both the last name, first name and patronymic, as well as the date of birth and address of registration (the date of birth is necessary in order to determine the age of the employee from which he began to fulfill his job duties and determining the right to engage in these duties);
- information about what time and under what conditions the applicant went to work(or service) to a specific organization, as well as information about which seniority at this point he already had;
- detailed description of circumstances(with references to the attached documents), in which, in the opinion of the applicant himself, there was a violation of his labor rights and interests (imposition of duties that do not correspond to qualifications, followed by a disciplinary sanction, violation of the law on the protection of personal data, etc.);
- information about how his labor interests were violated and labor rights (for example, upon dismissal for refusing to perform cleaning duties, the master of pharmacological production, in whose official duties such cleaning is not included).
If we are talking about a statement of claim, then it will also be necessary to indicate here what are the requirements of the applicant in relation to his employer (reinstatement at work in the same position and on the same grounds on which he worked before dismissal, if he was dismissed; payment of moral and material compensation, etc.).
About what by general rule, should contain statement of claim stated in Article 125 of the Arbitration Procedure Code of the Russian Federation.
Article 125. Form and content of a statement of claim
1. The statement of claim is filed with the arbitration court in writing. The statement of claim shall be signed by the plaintiff or his representative. A statement of claim may also be filed with the arbitration court by filling out a form posted on the official website of the arbitration court on the Internet information and telecommunication network.
2. The statement of claim must contain:
- the name of the arbitration court to which the claim is filed;
- name of the plaintiff, his location; if the plaintiff is a citizen, his place of residence, date and place of his birth, place of his work or date and place of his state registration as individual entrepreneur, phone numbers, fax numbers, addresses Email claimant;
- name of the defendant, his location or place of residence;
- the plaintiff's claims against the defendant with reference to laws and other regulatory legal acts, and in the event of a claim being filed against several defendants, the claims against each of them;
- the circumstances on which the claims are based, and the evidence confirming these circumstances;
- the value of the claim, if the claim is subject to evaluation;
- calculation of the sum of money recovered or disputed;
- information on the plaintiff's compliance with the claim or other pre-trial procedure, if it is provided federal law or contract;
- information on measures taken arbitration court to ensure property interests before filing a claim;
- list of attached documents.
The application must also contain other information, if they are necessary for the correct and timely consideration of the case, it may contain petitions, including petitions to obtain evidence from the defendant or other persons.
3. The plaintiff is obliged to send to other persons participating in the case, copies of the statement of claim and the documents attached to it, which they do not have, by registered mail with acknowledgment of receipt.
In a statement of claim, in case of going to court, the part of the claim itself is mandatory (that is, if an employee decides to go to court in order to “scare his employer” and will not demand anything from him, then the court will reject such a statement without consideration).
As a general rule, cases of infringement of labor rights are considered by courts of general jurisdiction in civil proceedings, and an application is submitted location of defendant, that is, directly to the employer (except if the enterprise or organization has a number of branches, and infringement of rights occurred in the branch - in this case, the claim will be filed on legal address branch itself).
To which judicial authority it will be necessary to apply territorially, you can check on the websites of the courts in the area or province where there is an enumeration all addresses with which one or another territorial body works.
When filing a claim, it will be necessary to clarify information about payment of state duty(since in some cases it will have to be paid the applicant himself, that is, the plaintiff, and in others such an obligation will be assigned to defendant i.e. the employer).
The receipt must be attached directly to the application itself.
Based on all the above information, the body in which the complaint will be considered, relying not only on the information provided in the application, but also on attached documents will make its decision.
If the rights are not violated
Unfortunately, it is not uncommon for by the workers themselves those wishing to derive, among other things, material benefits from various disputable situations that arise, a not entirely fair game begins to be played and they write statements about non-existent violations their labor rights from their employers.
In this situation, when the law is not violated, the rights are already infringed. employers themselves. How can they protect themselves in this case and where to turn?
Moreover, this should apply not only to orders for appointment to a position and the assignment of duties, but also to various incentives, imposing disciplinary penalties, design part-time jobs and other legally significant actions carried out in relation to employees hired by the organization.
This meticulous approach is main way to protect yourself from various troubles.
If the employee tries to unreasonably accuse the employer of infringing on his own interests, the employer entitled to file a counterclaim or a statement of claim to the relevant authorities, providing documentary confirmation own righteousness.
Then, in this case, it is possible to ensure that a dishonest worker he was responsible for illegal actions (we tell more about the responsibility of the employee and the employer in case of violations of labor protection requirements in).
If we talk about the bodies in which the protection of the violated rights of employers should take place, then judicial protection and labor inspection are possible here, since only in these two organs the employer will be able to fully prove his innocence in violating certain rights of employees.
And, as mentioned above, in order to implement this form of protection, it will be necessary to use only documented evidence, namely all orders, orders and other personnel materials.
Speaking about the current situation in the labor market, it should be noted that the number of registered violations of labor rights kept large enough despite all possible attempts to remedy this situation by the legislation.
However, compared to previous periods, the number of mutual infringements has increased, when not only employees, but also employers themselves suffer.
AT Russian Federation every citizen is able to protect his own rights by all means that do not contradict the law. They are listed in the Labor Code.
Article 352 indicates the following ways in which the protection of the labor rights of workers can be carried out:
Self defense;
These associations operate with the help of their bodies (trade union committees), labor inspectorates and trusted labor protection officers.
The authorized representative of the trade union committee, who will subsequently consider issues of labor protection, is selected, as a rule, at the general meeting all employees of the organization.
But labor inspectorates are created at the all-Russian level, as well as regional and territorial.
Protection of the labor rights of workers is the main goal of creating associations such as trade unions. Therefore, the powers of labor inspectors allow them to freely visit those enterprises that are the place of work of trade union members (and their form of ownership does not matter) in order to check whether the legislation on labor standards is observed there, whether previously signed agreements and contracts are fulfilled.
Labor inspectors for whose benefit the defense is authorized:
Monitor whether the employer complies with labor laws;
Independently conduct an examination of the conditions in which employees work, as well as the conditions for ensuring their safety;
Participate in the investigation of those accidents that occurred at work, and prof. diseases;
Receive from managers information about what conditions they have created in this organization for full-fledged work;
The powers of the inspectors include the protection of the labor rights of workers regarding issues related to the harm caused to their health at work;
Require employers to suspend work if they threaten the life and health of employees;
After discovering violations of labor legislation, require the employer to eliminate them;
Check whether the employer complies with the obligations regarding the protection and working conditions provided for in the collective agreement or contract;
Be a member of the commission, as independent experts, during the inspection of means of production before putting them into operation;
Participate in the proceedings of disputes that are related to the fact that the employer violated the norms and working conditions stipulated in the collective agreement;
Participate in the development of legal acts and laws that contain the establishment of labor law;
Participate in the development of legal acts subordinate to the law and related to labor protection, as well as coordinate them in accordance with the procedure established by the Government of the Russian Federation;
Require the relevant authorities to ensure that persons violating labor law or concealing what happened were held accountable.
In exercising the powers listed above, labor inspectorates work closely with government bodies engaged in supervision and control over strict observance of the provisions of labor law.
It is the responsibility of every employer to create conditions for trade unions to exist and operate (including in the field of human labor protection).