Protection of the rights of the employer in labor disputes. Protection of the labor rights of the employee. The procedure for recovering material damage

The right to work is established by the Basic Law of the country. Russians implement constitutional law in practice. Labor is free, everyone controls himself: he has the right to choose a profession and type of activity. When applying for a job, a citizen has the right to count on the employer's compliance with labor protection requirements, as well as protection from unemployment. The interests of the employer and employee do not always coincide. At any stage of the employment relationship, a dispute may arise. The employee has the right to protect his rights and interests.

Forms of protection of the rights of the worker

An employee working in a company (at an enterprise) has three options to protect himself from the arbitrariness of the employer:

self-defense;
contacting a trade union;
appeal to authorized government bodies.

What should an employee do if his rights are violated?

If a citizen believes that the employer infringes on his rights, he can apply to the organization for the protection of the rights of workers. This is the State Labor Inspectorate, whose powers include issues of consideration of violations by employers. A complaint to the inspectorate can be made in writing or by filling out a special form. electronic form on the web resource OnlineInpektion.ru.

A citizen can seek help from lawyers specializing in labor disputes. The specialist will accurately and correctly draw up a complaint. The law does not impose special requirements on the content of this appeal, except that the complaint must be written correctly and concisely. This will help the labor inspector to quickly understand the essence of the employee's problem and help him. Complaint Labour Inspectorate must respond within 30 days. The Service for the Protection of the Rights of Workers - The Labor Inspectorate responds to complaints from the working population with unscheduled inspections of the employer. Based on the results of the inspection, the inspector issues an act, which indicates the identified violations, their nature. In some cases, the activities of the employer may be suspended.

The Committee for the Protection of the Rights of Workers is created on the basis of the trade union. This is an association of citizens, consisting of employees and representatives of the employer. The trade union aims to protect the rights of workers. Its work is regulated by No. 82-FZ, as well as federal law regulating the activities non-profit organizations. The employer has no right to interfere with the organization of the trade union.

An employee may also apply to the Prosecutor's Office, in whose territory the company that violated the employee's rights operates. The prosecutor's office monitors the observance of the rights of citizens in Russia, including labor rights. The complaint is written in the name of the prosecutor.

The employee can go to court. The claim is written in triplicate. In order to write a competent document, it is better to contact lawyers or independently study the rules for drawing up a statement of claim. The claim must indicate the court where the application is sent. The plaintiff must provide full details about himself and the defendant with contacts by which they can be contacted. The claim must indicate the facts of violation by the employer of the rights of the employee with references to laws, as well as a request to the court. If the complaint is incorrectly drafted, the judge may send it back to the complainant and not consider the dispute until the violations are corrected.

self defense

The law provides for the worker's right to self-defense. Usually it is used by employees who are not paid wages on time; arrange for workplace inconsistent with the employment contract. But the right to self-defence cannot create barriers to appeal to various authorities.

Which lawyers protect the rights of the worker?

Typically, employee representation services in court are provided by lawyers specializing in labor disputes. Lawyers will competently state the position of the plaintiff in court. There are several organizations operating in Moscow that call themselves the Society for the Protection of Workers' Rights. The organization consists of lawyers who resolve disputes between the employer and the employee.

The Labor Code protects the interests of employees and employers. Protection of the rights of the employer is regulated by Art. 22 of the Labor Code. When is employer protection required? If there is a conflict between the employee and the boss. The employee does not work well, steals property, divulges company secrets.

Employer protection is required, the 33Jurista.ru website will help. Lawyers give paid and free consultations. A competent answer with references to laws is given in both cases.

A paid consultation gives you the following benefits:

prompt response via skype or e-mail;
in-depth analysis of the dispute;
comprehensive response.

Reasons to contact employers' rights lawyers:

1. A lawyer will help you painlessly dismiss an objectionable employee, avoid problems with the law.

According to Art. 22 of the Labor Code, an enterprise may conclude, require an employee to perform his duties. The law is clear and simple. But in practice, you need to strictly follow the letter of the law.

A lawyer will advise on the dismissal procedure:

warn about the timing and procedure for imposing a penalty;
explain how to properly impose a fine for misconduct;
collect evidence of the employee's guilt: explanatory, memorandum, acts, memos;
competently draw up a dismissal order, familiarize the employee with it;
will warn you how to properly impose a penalty.

2. Assistance in drawing up an employment contract.

not disclose confidential information. He must observe commercial secrets in accordance with Art. 11 of the Law on Trade Secrets dated July 29, 2004 No. 98-FZ. In the process of work, he learns the secrets of the company, partners and customers, production secrets. The firm needs to protect itself from leakage important information. It is better to fix in the contract that the employee cannot tell anyone the secrets of the company during the period of work for several years after the dismissal. Provide liability for disclosure of information;
take care of the property of the company (Article 22 of the Labor Code of the Russian Federation). Prescribe liability for damage to accountable fixed assets;
be responsible for material possessions. This applies to those who work: chief accountant, cashier, warehouse manager. They sign a contract for the full liability(Article 244 of the Labor Code);
reimburse the funds spent on education. According to Art. 249 of the Labor Code, if the employee quits earlier, you need to return the money for the unfinished time. This obligation must be written into the contract.

3. A lawyer will help you avoid disagreements in labor disputes.

The labor inspectorate protects labor disputes.

If the employer makes at least one wrong step, the employee will get a great chance to complain. The Labor Inspectorate will check documents on labor disputes. Review contracts, instructions, orders, work books. If errors are found, the company cannot avoid fines and proceedings.

The purpose of legal support is to advise on how to properly draw up work books upon dismissal, personal cards, orders and other documents. It is important to ensure that controllers do not find violations in labor disputes.

4. A lawyer will protect against unscrupulous workers.

Did the employee steal property or divulge classified information? The lawyer will solve the problem. Prepare a claim, a lawsuit, draw up a competent dismissal strategy, help dismiss an unscrupulous person.

The result of the work is compensation for damage to the employer and the competent dismissal of an objectionable person.

5. Protection of interests in court.

The defense of the enterprise in court is required to confirm the legality of the dismissal procedure. Avoid the reinstatement of an objectionable person at work and the payment of fines.

What does this mean in practice?

collection of evidence in defense of the employer;
preparation of documents;
collection of witness statements;
assessment of the position of the employer, claims, analysis and prospects;
handling the case in court.

In the event of a question about the dismissal of an employee, the help of a lawyer is necessary. A legal affairs specialist will tell you how to comply with the dismissal procedure prescribed in the Labor Code. Represent the interests of the employer in court. If the court has already imposed fines, a lawyer will help reduce the amount of penalties.

Probably every adult at least once in his life faced with a conflict situation related to work. As a rule, these are payment arrears, non-payment of sick leave, constant nit-picking by the authorities about the quality of the work performed, etc.

It is logical to assume that every person can make a mistake, but there are also situations when the employer is wrong, but, nevertheless, tries to lay all the blame on his employees. But until now, most workers do not know their rights, which are guaranteed to them by the Labor Code and the Constitution, so they prefer to remain silent instead of seeking justice. Given the number of unformed employees, one can only imagine the challenges they face every day of their lives.

Some experts note: in connection with such a policy pursued by employers, some categories of people are generally powerless and, in fact, play the role of modern slaves who cannot do anything to protect themselves from encroachments on their interests. Let's try to figure out how and where to complain about the employer, what measures to take in the event of such conflicts.

The boss is not always right!

As a rule, all conflicts that arise in a person in the workplace begin with a banal ignorance of labor legislation.

Now no one is surprised by the fact that people often prefer not to formalize, but to receive a “gray” salary.

Of course, both the employee and the employer in such a situation can be understood. The first one wants to receive decent pay for his work, and with official employment, a significant percentage of earnings will go to pay deductions.

And the second does not want to pay high taxes for an employee, and therefore does not want to formalize it in accordance with the law. But be that as it may, this is wrong, because official employment gives the employee much more rights that he can use to resolve problem situations. But unformed employees do not have any legal justification in order to prove their case, to protect themselves from the bias of management. In such a situation, you can turn to lawyers and human rights activists, but without having any documents on hand, it will be almost impossible to prove anything.

Therefore, if you want to protect yourself from conflicts with superiors in advance, demand that you be issued. If this is not possible, then prepare documents on receipt of salaries, any certificates issued to you, and copies of orders from superiors indicating your last name, first name and patronymic. Only with confirmation work activities, you will be able to defend your interests with guarantee, and determine where to complain about the employer.

What is labor protection?

What is the protection of workers' rights? Let's consider this concept more broadly. In a narrow sense, it means the legal support of compliance with the norms of the law, as well as the prevention of possible violations by the employer. But in a broad sense, this concept is the implementation of the functions of protecting labor law (carried out by state authorities). In any case, the labor rights of the employee are guaranteed by the legislative framework.

After analyzing the concept in all spectra, we can derive a general definition. Protection labor rights is a set of measures to prevent and eliminate problems in the field of the right to work. This set of actions is implemented by state authorities and trade unions. At the same time, the possibility of workers to defend their interests personally through collective complaints, protests and strikes is allowed.

Particularly to provide opportunities for protecting rights, Section XIII appeared in the Labor Code, which regulates the main provisions of labor legislation regarding violations by employers. This section is called: “Protection of labor rights of workers. Consideration and resolution of all disputes related to violations of labor laws.

Ways to protect the right to work

Speaking about such a concept as protecting the rights of workers, let's turn to the main document of the country - the Constitution. In Art. 2 of the Constitution of the Russian Federation states that human rights and freedoms must be considered the highest value. And the protection of these rights is the direct duty of the state. In Art. 45 states that the protection of the interests and rights of every citizen is guaranteed by the state.

Thus, all people have wide rights and freedoms, which are guaranteed to them by the legislation of the Russian Federation. A special place is occupied by labor rights. According to Art. 2 of the Labor Code of the Russian Federation, each employee has a wide range of rights, in particular the right to protect their personal and labor interests. Moreover, the same article states that the state is obliged to provide every citizen with the protection of his rights and freedoms. It is logical that there are ways according to which this process occurs:

1. Establishment working conditions, guarantees of labor rights, which can be improved in agreement with the regional authorities. In particular, all these components should be spelled out in labor and collective contracts and agreements.

2. Development of an effective protection system directly at the facilities. At this stage, the creation of trade unions is implied, through which the workers themselves can influence the labor policy of the enterprise. In addition, these organizations carefully monitor that the rights and interests of the working class are not oppressed and are fully ensured.

3. Active promotion of following labor law through regular publications in the press, rotation on TV channels and radio stations. That is, the creation of such conditions under which each person at least figuratively knows the basics of the legislative framework, has an idea of \u200b\u200bprotecting their own labor rights. In fact, this is teaching the basics of labor legislation to all segments of the population in order to improve their cultural and legal outlook. In this case, the employee will always know where to complain about the employer.

Structure of legal protection mechanisms

The protection system, which is provided by Section XIII of the Labor Code of the Russian Federation, has a certain structure:

At this stage, measures are taken to prevent violations in the field of labor law.
At the second stage, all the circumstances of the offense on the part of the employer are considered.
The third stage involves the renewal of rights that have been violated.

4. But at the last stage, responsibility for violating the fundamentals of legislation is determined. At this stage, a whole system of punishments was formed for employers who oppressed the rights and freedoms of employees.

All these components are combined into a human rights mechanism, which is designed to regulate legal relations workers and employers. This mechanism consists of the following components:

norms of law that establish rules of conduct in society, taking into account moral and ethical values;
legal relationship as an element of law, directly involved in the life of participants in the labor process;
realization of the rights of all parties to the work process from the point of view of jurisprudence.

Together, all these components form a single base for a nationwide system for protecting the rights of the employer and employee. As you can see, this is a branched structure.

Basic labor rights of an employee

Having analyzed the Russian legislative framework regarding labor law issues, it is possible to understand exactly which rights of the employee must be strictly observed by the employer. Among them are the following:

all people have an inalienable right to formal employment in the workplace;
mandatory life and health insurance in case of serious and hazardous conditions labor;
the employee has a priority right to receive data on working conditions, the system of payment and bonuses, as well as the safety of production activities;
the right to receive overalls and protective equipment at the expense of the employer in accordance with the basics of labor law;
you can refuse work that is not provided for by the contract or that is harmful to a person;
compensation for overtime work;
right to free medical checkup at the expense of the employer;
personal participation of the worker in the investigation of accidents, including those that he personally encountered.

How to defend your rights yourself?

One of the most effective mechanisms for protecting labor rights is a set of measures that employees carry out on their own in case of violations. At the same time, no appeals are sent to state bodies and courts. But even here the complex of independent actions is limited by the framework of labor legislation. As you know, any form of protection of rights should not be used to the detriment of the law, that is, all activities of employees cannot violate the legislative system, as well as the ethical and moral foundations of society.

The Labor Code of the Russian Federation provides for methods of personal protection of rights from the arbitrariness of employers. These include the following:

refusal of employees to perform a task that is not provided for by the terms of the employment agreement;
refusal to work in situations where there is a direct or indirect threat to human life;
refusal to perform duties if the employer did not provide employees with protective equipment, equipment, overalls, etc.;
a written refusal to perform work if the employer delays wages for more than 15 days (however, in this case, it is necessary to refer to Article 142 of the Labor Code, which provides for all possible situations for the development of events in case of such a violation).

In fact, an employee can unilaterally defend his interests by refusing to fulfill the obligations stipulated by the contract. At the same time, the employer does not have the right to interfere with employees in the implementation of self-defense measures, cannot blackmail and threaten with dismissal, fines and deprivation of bonuses. Otherwise, employees will become actively interested in where to complain about the employer and what is needed for this.

If the measures of self-defense against the arbitrariness of the authorities did not bring any effect, one should turn to the trade unions for support.

What role do trade unions play?

Trade unions are voluntary associations of employees of an enterprise that regulate all issues regarding the legal field of relations between superiors and subordinates. At the same time, trade unions are able to influence the employer. In particular, when introducing internal production rules of conduct and procedures, the employer is obliged to send an official notice of a change in the labor standards of the enterprise to the trade union. In response, the inspectors review the changes being introduced and adjust them to suit the interests of the working class.

Trade unions carry out their work in the following areas:

exercise full control over the activities of the employer;
conducting independent examinations regarding working conditions and safety;
taking an active part in investigations of industrial accidents;
protection of the interests of all members of the trade union regarding issues of material compensation for harm received as a result of wrong organization labor process;
participation in development normative documents concerning labor legislation both within one enterprise and at the state level;
filing complaints with government agencies (such as the State Labor Inspectorate) about violations;
direct participation in the consideration of all cases related to direct or indirect violation of the fundamentals of labor law.

How to restore justice?

Unfortunately, few people still know how to protect themselves from the unlawful attacks of the leadership. This is especially true for those workers who are officially employed and pay all taxes. Having on hand accompanying documents regarding their professional and labor activity, the employee can protect himself from unscrupulous management. The most important thing is to know what measures to take to resolve the current conflict situation. Here are some tips from lawyers:

First of all, you should find out who to complain about the arbitrariness of the employer. Even if you do not have conflicts with management, such information may well come in handy in the future. For example, a complaint against an employer to the prosecutor's office will protect your rights as much as possible.
Decide on all your claims to management. State them clearly in writing.
Please file all complaints in the form of a complaint. To compile it, you can use the help of employees of the labor inspectorate.
Attach to the complaint all documents that confirm the facts of violation of your labor rights.
Send the entire package of documents to the labor inspectorate by mail using registered letter or bring the papers in person. At the same time, do not forget to make sure that the complaint is accepted and received registration number. Also find out the name of the inspector to whom the documents were received.
Wait for a response from the employee, who will conduct an official check of the enterprise for some time. Based on the results of the labor inspectorate, an official act will be drawn up with a list of all violations that a specialist will find at the enterprise.

Remember that you can write a complaint both on your own behalf and on behalf of the team. In the latter case, the signatures of all employees of the organization who disagree with the policy of the enterprise's management will be required. If you do not want to advertise your name, you have the right to apply personally to the inspector with a request for non-disclosure. In this case, an anonymous complaint against the employer will be established. Don't be afraid to be skeptical. The Labor Inspectorate also examines such appeals.

Possible ways to resolve the conflict

Remember that all relationships within the enterprise are within the competence of managers, so if you disagree with the current policy, you have the right to declare this to your superiors. Do not rush to knock on the thresholds of all possible instances, start acting according to the following scheme:

Internal complaint against the employer. At the same time, do not forget that it must be issued in duplicate. If you work at a large enterprise and do not have the opportunity to speak with management, leave a complaint at the boss's reception or in the human resources department. At the same time, it must be registered with the initials of the employee who received it, the number and date. If the complaint is refused, it should be sent by letter with acknowledgment of receipt. In this case, the notification of acceptance or refusal to receive will be a serious argument in further proceedings.

If the management does not take any retaliatory measures, contact the state labor inspectorate with a complaint. This authority has the right to resolve labor conflicts between the employee and the employer. In case of confirmation of the fact of violations, the labor inspectorate may bring the management of the enterprise to administrative responsibility.

There is another way to resolve the conflict situation. A complaint against an employer to the prosecutor's office is considered the most effective, since the employees of this organization pay maximum attention to observing the labor relations between the employee and the employer. Recently, special attention has been paid to possible violations by the employer. At the same time, the prosecutor has the right to initiate an investigation into the facts received. labor violations and take the case to court. Remember that if you contact the prosecutor's office, you will not be able to anonymously complain about the employer. This process requires specifics.

Trial. This step is appropriate even if you are employed informally and receive a salary in an envelope. For the competent conduct of the trial, it is recommended to involve witnesses and collect any documentary base that would prove your participation in the process of the enterprise. As practice shows, in 90% of cases, the courts decide in favor of the employee, so do not be afraid to protect your legal rights in this way. But a complaint to the tax office against the employer is unlikely to lead to good consequences. You will also be charged with breaking the law.

How to file a complaint?

Unfortunately, we are forced to state the fact that the majority of our fellow citizens are absolutely defenseless against the arbitrariness of the employer. And this is a big part of their fault. Each person should know the basics of the law and their rights, and in order to protect them, it is necessary to write a complaint against the actions of the authorities if your interests are ignored. Consider how to correctly write a complaint against an employer:

In the upper right corner (document header), indicate the name of the organization to which you are sending the complaint. This may be the state labor inspectorate, the prosecutor's office, etc.

Please enter your details below, including phone number and full name. This is necessary so that the staff of the organization receiving the complaint can contact you.

Next, describe the situation. At the same time, use a business style of writing, try to talk about your problems dryly and without emotional overtones. Another tip: write to the point. If you applied to the management for recognition of your rights, then indicate this fact and attach the response of the authorities to your requirements. If you have witnesses to the violation, as well as documents, indicate this in the text of the complaint.

Attach the entire documentary base, including copies of certificates and documents, testimonies of witnesses, etc.

If you do not know how to file a complaint against an employer in accordance with the requirements of the law, then contact the labor inspectorate. Its staff will help you with filing claims against the manager. It is also recommended to study examples of completed documents in the inspection. If necessary, you will be provided with a sample complaint against the employer so that all paperwork is completed correctly.

Hello Anton!

In this situation, you need to know what you will have to face.

If you have entered into an agency agreement, and not an employment contract, then pay the employee “vacation pay” and “ severance pay» are not required, since these relations are not labor relations, but are regulated by the Civil Code. But, here is an employee who will try to prove that between you there are not civil law, namely labor Relations. And his chances of proving it are quite high, while you yourself helped him in this. Let me explain.

In the absence of a written employment contract, the employee can prove that an employment relationship has developed between you and you actually allowed him to work, providing him with a workplace (transferred to an office “under supervision”). Labor relations are characterized by the following:

Article 15. Labor Code of the Russian Federation. Labor Relations
Labor relations - relations based on an agreement between the employee and the employer on the 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 entrusted to the employee), subordination of the employee to the rules of internal work schedule when the employer ensures the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations, labor contract.
The conclusion of civil law contracts that actually regulate labor relations between an employee and an employer is not allowed.

About actual admission to work, confirming the conclusion of an employment contract - Part 2 of Art. 67 of the Labor Code of the Russian Federation:

Employment contract not formalized in writing, is considered concluded if the employee started work with the knowledge or on behalf of the employer or his authorized representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date of actual assumption employee to work, and if the relationship associated with the use of personal labor arose on the basis of a civil law contract, but were subsequently recognized as labor relations, - no later than three working days from the date of recognition of these relations as labor relations, unless otherwise established by the court.

He will prove this with evidence.

Now about what he can get: in the absence of evidence of size wages- salary for all time in the amount of the minimum wage (5554 rubles) per month plus district coefficient minus 13% personal income tax. for the entire time of work, compensation for not granted leave upon dismissal and average earnings for the entire time of forced absenteeism (while the trial is ongoing, if he goes to court), plus compensation for non-pecuniary damage (the courts satisfy very small amounts of 2-5 thousand rubles), as well as legal expenses

Thus, the actual employee will not be charged so much from you (a relative category, of course).

More trouble can be delivered to you by an inspection by the State Labor Inspectorate. There are penalties for violating labor laws. There will be a violation if the employee proves the existence of an employment relationship. Violations: no written employment contract, no proper execution(order, entry in work book) and, accordingly, violation of the dismissal procedure.

AT this case, the legal position of the employer may be as follows: the contract is not labor, but civil law (agency, regulated by Chapter 52 of the Civil Code of the Russian Federation):

Article 1005. Agency agreement
1. Under an agency agreement, one party (agent) undertakes, for a fee, to perform legal and other actions on behalf of the other party (principal) on its own behalf, but at the expense of the principal or on behalf and at the expense of the principal. In a transaction made by an agent with a third party on behalf of in his own name and at the expense of the principal, acquires the rights and becomes obligated to the agent, even though the principal was named in the transaction or entered into direct relations with a third party in the execution of the transaction. In a transaction made by an agent with a third party on behalf and at the expense of the principal, the rights and obligations arise directly from the principal.
2. In cases where the agency agreement, concluded in writing, provides for the general powers of the agent to make transactions on behalf of the principal, the latter, in relations with third parties, is not entitled to refer to the agent’s lack of appropriate powers, unless he proves that the third party knew or should have known about the limitation of the agent's powers.
3. An agency contract may be concluded for a fixed period or without specifying the period of its validity.
4. The law may provide for special features certain types agency agreement.

The weakness of this position is that he worked at the workplace provided by you and, in fact, there is no agency agreement. The rest is stated above.

Or negotiate with him on reasonable terms. Only in this case it should be understood that there are no guarantees that he will not go to court.

The only thing that is possible is to "drag out" the time. The fact is that he can file a claim with you regarding reinstatement at work within 1 month from the date of dismissal, and regarding arrears in payments - within 3 months (this is according to the Labor Code of the Russian Federation). At the same time, if he goes to court after the expiration of these deadlines, the court will accept his claim, but according to your application for the application of the limitation period, he is obliged to refuse to satisfy such requirements.

Thus, there are 3 options: 1. Prove that an agency agreement has been concluded; 2. Agree with his demands and pay; 3. "Delay" the term of his appeal to the court under various pretexts.

Sincerely, S.Sergeev

The employer is an individual or legal entity that enters into an employment relationship with the employee. Just like an employee, an employer has its own rights. Protecting the rights of the employer requires their thorough knowledge. So, the employer has the right to conclude, terminate or change employment contracts with subordinates on the terms established by the labor code, encourage employees for labor efficiency, demand from them conscientious performance their duties and compliance with the rules of the internal labor schedule of the company, take regulations and to create special associations for the purpose of representing and protecting the rights of the employer.

Today, some conflicts often arise between the employee and the employer for a variety of reasons, which leads to a violation of the protection of the rights of the employer. However, as a rule, employers prefer to remain silent about these conflicts and labor disputes, not to “wash dirty linen in public” in order to avoid problems with the image and reputation that suffer in the future. In addition, the employer most often simply does not want to spend his time and money on solving such problems. In fact, there are times when the protection of the rights of the employer in the legal authorities is simply necessary. The most important question that arises before the employer at this moment is where to turn for protection of rights.

In order to protect their rights, the employer has the right to apply to the district court with a drafted with the help of a lawyer statement of claim or with a statement written directly to the prosecutor's office. In addition, the employer has the full right to challenge the decisions taken by the court by filing a supervisory, cassation appeal. Decisions of the prosecutor's office can also be challenged in a judicial or administrative manner.

The employer also should not forget that suspecting an employee of any fraud or disciplinary offense, he has the right to conduct an internal internal investigation. Protection of the rights of the employer provides him with such an opportunity, but requires the implementation of some nuances. The procedure for conducting such an investigation is regulated by the instructions of the enterprise and in no case should be contrary to labor legislation. As soon as the employer decides to open an investigation, he must notify the employee in writing, setting out the charges against him. After that, according to the protection of the rights of the employer, an official investigator, or a whole group of investigators, is appointed, which, as a rule, is a lawyer of the institution, an inspector of the personnel department, the immediate supervisor of the suspected employee, or a deputy head of the enterprise.

Protection of the rights of the employer allows him, when confirming the alleged charges, to do as he sees fit, namely: not to react in any way to the misconduct of the employee, to remind him of the need for proper performance job duties issue a warning - written or oral, give a strict instruction, make a remark, issue a reprimand, send the investigation materials for consideration to a higher manager (in case of a violation in a representative office or branch of an institution), public organizations or legal authorities suspended from work or dismissed in accordance with Articles 76 and 81 labor code RF.

Thus, knowing their rights and having a desire to defend and protect them, the employer can be completely sure that his enterprise and business will also be under reliable protection law that does not disregard the protection of the rights of the employer.