Characteristic signs of labor relations. Features of labor relationship. One-sided legal acts

Labor legal relationship is the voluntary legal connection of the employee with the employer about the use of its knowledge, skills, abilities and skills in the labor process. The employee undertakes to personally fulfill a certain labor function and submit to the internal labor schedule current in this organization, and the employer undertakes to provide the work due to the contract, pay for its work and create the necessary conditions In accordance with the legislation on labor, collective agreement and employment contract.

Unlike civil legal relations that may arise from all legal facts (events, legitimate and unlawful actions), labor relations arise only from legitimate will, legal act aimed at establishing labor relations, that is, from labor contract.

Parties and subjects of labor relations are an employee and employer. In addition to the parties, subjects of labor relations are recognized by trade unions, other representative bodies of workers, representative bodies of employers, including managers of organizations.

The subjects of labor law are participants in public relations endowed with legislation and concretized treaties with certain rights and obligations in the process of executing functions assigned to them and regulatory prescriptions.

The rights and obligations of participants in labor relations are fixed in Articles 21, 22 Labor Code RF, in accordance with which

the worker has the right to:

Conclusion, change and termination of the employment contract in the manner and on the conditions established by this Code, other federal laws;

Providing him with work due to the employment contract;

Workplace corresponding to the conditions provided for state standards Organization and safety of labor and collective agreement;

Timely and fully pay wages in accordance with its qualifications, complexity of labor, the number and quality of work performed;

Rest, provided by the establishment of a normal working time, abbreviated working time for individual professions and categories of workers, the provision of weekly days off, non-working festive dayspaid annual holidays;

Full reliable information on working conditions and labor protection requirements in the workplace;

Professional training, retraining and improvement of their qualifications in the manner established by this Code, other federal laws;

Association, including the right to create trade unions and entry into them to protect their labor rights, freedoms and legitimate interests;

Participation in the management of the organization in the formations provided for by this Code, other federal laws and a collective agreement;

Conducting collective bargaining and the conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of a collective agreement, agreements;

The protection of their labor rights, freedoms and legitimate interests by all non-prohibited methods;

Resolution of individual and collective labor disputes, including the right to strike, in the manner prescribed by this Code, other federal laws;

Compensation for harm caused by the employee in connection with the execution of labor duties, and compensation for moral damage in the manner prescribed by this Code, other federal laws;

Mandatory social insurance in cases provided for by federal laws.

The worker is obliged:

In good faith to perform their own labor dutiesassigned to him by the employment contract;

Comply with the rules of the internal employment regulation of the organization;

Observe labor discipline;

Perform established labor standards;

Comply with the labor protection requirements and labor safety;

Take care of the property of the employer and other employees;

Immediately inform the employer to an employer or the direct leader about the emergence of a situation that represents the threat to the life and health of people, the safety of the employer's property.

The employer has the right:

Make, change and terminate labor contracts with employees in the manner and under the conditions established by this Code, other federal laws;

News collective negotiations and enter into collective contracts;

Encourage workers for conscientious effective work;

Require employees with their work duties and careful attitude to the property of the employer and other employees, compliance with the rules of the organization's internal labor regulation;

Attract workers to disciplinary and material responsibility in the manner established by this Code, other federal laws;

Take local regulations;

Create associations of employers for the purpose of representation and protect their interests and join them.

The employer must:

Comply with laws and other regulatory legal acts, local regulations, collective agreement conditions, agreements and employment contracts;

Provide employees work due to labor contracts;

Ensure labor safety and conditions that meet the requirements of labor protection and hygiene;

Provide employees with equipment, tools, technical documentation and other means necessary for the performance of labor duties;

Provide employees equal to pay for labor equal value;

To pay in the full amount due to employees wages within the deadlines established by this Code, a collective agreement, the rules of the internal employment regulation of the organization, employment contracts;

Lead collective negotiations, as well as to conclude a collective agreement in the manner prescribed by this Code;

Provide representatives of employees full and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;

Timely to fulfill the prescriptions of state supervisory and control bodies, paying fines imposed on 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 identified violations of laws and other regulatory legal acts containing labor law standards, take measures to eliminate them and report the measures taken by these bodies and representatives;

Create conditions that ensure the participation of employees in the management of the organization in the formations provided for by this Code, other federal laws and a collective contract for forms;

Ensure the domestic needs of employees related to the performance of labor duties;

Carry out compulsory social insurance of employees in the manner prescribed by federal laws;

Compensate the damage caused to employees in connection with the performance of labor duties, as well as compensate for the moral harm in the manner and under the conditions established by this Code, federal laws and other regulatory legal acts;

Perform other obligations provided for by this Code, federal laws and other regulatory legal acts containing labor law standards, a collective agreement, agreements and employment contracts.

Collective and individual contracts, a list of rights and obligations can be even more specified and clarified.

Subjective rights and obligations directly arising from the law represent the kernel legal status subject of labor law and are called statutory, that is, fundamental, unchanged,

guaranteed and supported by the entire power of the forced apparatus of the state. For example, the statutes are the rights of citizens in the field of labor, enshrined in Article 37 of the Constitution of the Russian Federation, in the articles of the Labor Code of the Russian Federation, in the federal laws of the Russian Federation regulating labor and other direct relationships directly related to them.

Labor relations are volitional public relations, folding as a result of the application. work force to production facilities.

These relationships arise there and then where and when the employee is included in the staff of the organization's employees for personal implementation by a certain agreement for a fee, obeying the labor schedule established in the organization.

Specific signs of labor legal relations are the following:

Enrollment of a citizen in the staff of employees of the organization;

Personal performance of their employment duties;

Execution of powers within a certain employment function1;

Submission to the organization established in the organization of the labor regime (the rules of the domestic labor regulation, the schedules of replacement, safety instructions, orders of managers, etc.);

Reliability of labor relations, that is, the unconditional obligation of the employer to pay employee's work.

Characteristic features of labor relations are that they are always:

Bilateral;

Individual;

Lasting;

Targeted.

Vazagina A.S.

The concept, signs, subjects and the content of labor relations in modern legislation

There are many different relationships in society - economic, political, legal, moral, spiritual, cultural, etc. human society Represents a set of relationships. All types of emerging relations between individuals and their associations are public (social) relations.
Right, regulating certain social relations, gives them legal formAs a result, they become legal.
Legal relationship - regulations regulated by public relations, whose participants are carriers of subjective rights and responsibilities.

The legal relations are governed by the norms of various branches of law, including labor law, under such legal relations are understood by labor and derivatives from them, directly related to them, relationships on workers' labor, i.e. it is a legal relationship of labor law entities.

Article 1 of the Labor Code of the Russian Federation defines the subject of regulation of labor law - this is, above all, labor relations and other, directly related to them, relationships.

Labor relations in society reflect the nature of the production relations of this society, since they are a volitional part of the production relations. Industrial relations are complex, consist of property relations for the means of production, relations on the distribution, exchange, management management and labor relations. Production relations arise and objectively exist independently of the will of a citizen, in contrast to labor relations.
The greatest merit in the study of the theory of labor relations belongs to N.G. Alexandrov.

In his monograph "Labor legal relations" N.G. Alexandrov defined the concept of "labor relationship" as follows: this is "expressing friendly cooperation of people free from exploitation, legal attitude, in which one side (working) is obliged to apply their labor force, incorporated into the personnel of the enterprise (institution, economy) and obeying the internal labor The latter's schedule, and the other party is obliged to pay remuneration for work and to ensure the conditions for performing work, safe for the health of workers and favorable for labor productivity. "
Labor legal relationship, according to another outstanding scientist in the field of labor law, L.Ya. Ginzburg can be determined as a legal expression of relations arising in labor cooperation, it connects the minimum two persons: an employee and an enterprise; Signs of "freedom" and "equality" constitute an integral characteristics of the employee. The legal relationship is mainly the property, authoritarian nature and suggests a well-known, specifically established regulatory consolidation (in law, customary, collective agreement, etc.).

Professor K.N. Gusov determines the labor relationship as a voluntary legal connection of the employee with an employer (organization), within which the employee undertakes to perform a certain employment function (according to the agreed specialty, qualifications, positions) with subordination to the internal labor schedule, and the employer is to pay for its labor contribution and create working conditions In accordance with the legislation, a collective labor contract.

Federal Law of June 30, 2006 No. 90 - FZ made significant changes in almost all articles of the Labor Code of the Russian Federation. Including amendments were made in Article 15 of the Labor Code of the Russian Federation, which determines the concept of labor relations.
According to Art. 15 Labor Code of the Russian Federation Labor relations - relations based on the agreement between the employee and the employer on the personal fulfillment by the employee for the labor function fee (office work in accordance with staffing schedule, profession, specialty, indicating the qualifications; Specific species assigned to the employee of the work), submission of an employee of the rules of the domestic labor regulation when providing the employer working conditions provided for by labor law and other regulatory legal acts containing labor law standards, a collective agreement, and local agreements regulatory acts, labor contract.

In the Labor Code, we are talking about labor relations, although, rather, it would be necessary to talk about labor legal relations, since these relationships are settled by labor law.
In fact, this definition laid all the main signs of labor relationship, distinguishing it from other relations related to difficulty.

One of the signs of labor legal relationship is inclusion of a citizen in labor collectiveas a result of which he becomes an employee specific organization, obeying local regulatory acts This organization. The behavior of labor legal relations is regulated by the internal labor chart of this organization, to which they are obliged to obey, and since the rules of the internal labor regulation are a local regulatory act that is accepted by the employer in the manner prescribed by Art. 372 Labor Code of the Russian Federation, they, therefore, express the will of the employer. Based on the above employee obeys the will of the employer With the reservation on the fact that the will is limited by certain guarantees provided for by the current Russian legislation.

The peculiarity of labor relations is that they are built on reimbursable basis. The employer is obliged to pay for the employee who performed their work (by systematic, at least two times a month, payments) in the amount of not lower than the statutory minimum size wage.

The specificity of the labor relationship is that all rights and obligations of the parties to the labor relationship are worn personal character. They are inextricably linked with the person's personality who cannot replace themselves in fulfilling the labor function by someone else without the consent of the employer, as well as the employer cannot replace the employee, without reason for this, someone else.
Labor relations are faster, i.e. exist independently of the availability or lack of the work of the employee.

The concept of "labor relationship" is always one, invariably on its subjects, maintenance, grounds for occurrence and termination. Labor legal relations always have specific subjects and concrete content. Labor legal relationship establishes the legal relationship between the employee and the enterprise. This connection is always concrete. It arises between a specific employee and a certain enterprise; Upon joining the labor relationship, the employee's labor function is determined, the amount of remuneration for work, etc.

The subjects of labor relations are an employee and an employer. Art. The 20 Labor Code of the Russian Federation gives the definition of the parties to labor relations as follows: "An employee is an individual who has entered into labor relations with the employer. Employer - an individual or entity (organization), which entered into labor relations with the employee. In cases stipulated by federal laws, another entity may act as an employer entitled to enter into employment contracts " .

In order for a citizen or legal entity to have the opportunity to enter into labor relations, they must have labor legal personality. Labor legal personality includes labor legal capacity (the ability to have labor rights), labor legal capacity (the ability to carry out labor rights and obligations) and labor duties (the ability to respond to labor relations).

Labor legal personality is one of the elements of the legal status of labor relations subjects, which is established by the current legislation for the employee upon reaching the age of 16. The legislator provides exceptions to this general rules And under certain conditions, under certain conditions, the conclusion of an employment contract with the persons who have reached 15 years, to perform easy work in the time-free time. According to paragraph 3 of Art. The 63 Labor Code of the Russian Federation is also allowed to conclude an employment contract with persons who have reached the age of 14, with the consent of one of the parents and the guardianship and guardianship authority to perform light labor that does not violate the learning process. The Labor Code of the Russian Federation contains a rule that makes it possible to enter into employment contracts with persons under the age of 14, subject to the consent of one of the parents and the guardianship body. In this case, the legislator strictly defines a circle of employers who have the opportunity to conclude employment contracts with such a category of employees (these are cinematography organizations, theaters, theater and concert organizations, circus). Employees under the age of 14 may be attracted to work only to participate in the creation and (or) execution (exhibiting) of works without compromising health and moral development.

In addition to the age criterion, there is another criterion "physical condition", i.e., the physical ability of a person to enter into labor relations. However, the physical condition determines only the content of labor legal personality, since actually the recognition of a person with disabilities does not deprive it with the opportunity to work, but only limits its opportunities for employment on certain types of work.

The legal status of the employer depends on the type of employer (state il municipal enterprise, private entrepreneur, production cooperative, an individual who is not an individual entrepreneur) and is determined by the legislation and its charter or regulations.

Labor legal personality employer - an organization arises from the moment of creation, i.e. state body Entries in one state Register legal entities about this legal entity.

In order for the organization to have the opportunity to attract workers, the employer needs to approve a regular schedule. According to this staff schedule, employees will be accepted.

In addition, the organization should have a labor payment fund, in order to be able to pay employee wages, remuneration for special merits, etc.
Budgetary institutions have a prerequisite for the occurrence of labor legal personality, the approval of the staffing and opening of remuneration in the bank.

In addition to the labor legal personality, other elements of the legal status of subjects of labor relations are the main labor rights and obligations, legal guarantees of the main labor rights and responsibilities of the employee, i.e. legal means, measures established by labor legislation to optimally implement these rights and responsibilities and their protection, and the responsibility provided for by the legislation for violation of labor duties.

On the subject of the right of law can be divided into individual and collective. Individual rights include: the right to conclude, change and terminate the employment contract; the right to the provision of work due to the employment contract; right to workplacecorresponding to state regulatory requirements labor protection and conditions provided for by the employment contract; the right to timely and in full payment of salary; right to rest; the right to full reliable information on labor conditions and labor protection requirements; Professional training, retraining and advanced training; The right to compensation for harm caused to him due to the execution of employment duties and compensation for moral damage; The right to compulsory social insurance. Collective rights include: the right to association, including the right to create trade unions and entry into them; right to participate in the management of the organization; The right to collective bargaining and the conclusion of collective agreements and agreements through its representatives, as well as information on the implementation of a collective agreement, agreements.

In his monograph "Legal status of an employee as a subject of labor law" V.V. Fedin expresses the opinion that it is impossible to disagree that the right to protect his labor rights, freedoms and legitimate interests by all not prohibited ways and the right to resolve individual and collective labor disputes, including the right to strike, are special, since can be both individual and collective .

In addition, it is possible to divide the rights to the rights implemented within the framework of labor relations, and the rights implemented in the legal relationship directly related to the labor relationship. You can also allocate security rights (the right to protect your rights, freedoms and legitimate interests; the right to resolve individual and collective labor disputes; the right to compensation for harm and compensation for moral damage) and regulatory (all other rights).

Among the responsibilities of the employee, the Labor Code allocates the following: in good faith to fulfill their employment duties assigned to his employment contract; comply with the rules of the internal labor regulation; observe labor discipline; perform established labor standards; comply with the labor protection requirements and labor safety; take care of the employer's property (including the property of third parties who have an employer if the employer is responsible for the safety of this property) and other employees; Immediately inform the employer to an employer or direct manager about the emergence of a situation that represents the threat of life and health of people, the safety of the employer's property (including the property of third parties in the employer, if the employer is responsible for the safety of this property).

These statutory rights and responsibilities have all persons with whom the employment contract is concluded. They establish the boundaries of possible (right) and due (duties) behavior in labor relations with the employer.

The rights and obligations of employees and the rights and obligations of the employer are inextricably interrelated among themselves, as the rights of the employee will correspond to the obligations of the employer. Consequently, the responsibilities of the employee will correspond to the rights of the employer. The main rights and obligations of the employer are contained in Article 22 of the Labor Code.

Among the employer's rights, the Labor Code of the Russian Federation allocates the following: to conclude, change and terminate employment contracts with employees; lead collective negotiations and conclude collective agreements; encourage workers for conscientious effective labor; require workers to fulfill their employment duties and careful attitudes to the property of the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees, compliance with the rules of the internal labor regulation; attract workers to disciplinary and material responsibility; Take local regulations (with the exception of employers - individualsNo matter individual entrepreneurs); Create associations of employers for the purpose of representation and protect their interests and join them.

In the obligation of the employer, the legislator included: to comply with labor legislation and other regulatory legal acts, containing labor law standards, local regulations, collective agreement conditions, agreements and employment contracts; provide employees work due to labor contracts; ensure safety and working conditions that meet the state regulatory requirements of labor protection; provide workers with equipment, tools, technical documentation and other means necessary for the performance of labor duties; provide employees equal to pay for labor equal value; to pay in the full amount due to employees wages within the deadlines established in accordance with the Labor Code, a collective agreement, the rules of the internal labor regulations, employment contracts; lead collective negotiations, as well as enter into a collective agreement; provide representatives of employees full and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation; To acquaint workers to paint with the received local regulatory acts directly related to their employment; to fulfill the prescriptions of the federal authority executive powerauthorized to carry out state supervision and monitoring compliance labor legislation and other regulatory legal acts containing the norms of labor law, other federal executive bodies operating on control and supervision in the established field of activity, pay fines imposed on violation of labor legislation and other regulatory legal acts containing labor law norms; consider the submissions of the relevant trade union bodies, other representatives elected by employees of representatives on the identified violations of labor legislation and other acts containing the norms of labor law, to take measures to eliminate the violations identified and report the measures taken by these authorities and representatives; create conditions that ensure the participation of employees in the management of the organization in the labor code provided for by the Labor Code, other federal laws and a collective contract for forms; Ensure the domestic needs of employees related to the performance of labor duties; carry out compulsory social insurance of employees; compensate the harm caused to employees in connection with the performance of labor duties, as well as compensate for moral damage; Perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law standards, a collective agreement, agreements, local regulatory acts and employment contracts.

The actual activity of the employee and the employer is the material content of labor relations, which is inextricably linked and subordinated to the volitional content, i.e., subjective rights and responsibilities of the participants in these legal relations.
Volga (legal) Content of labor relations form subjective labor rights and obligations of their participants - workers and employers.

The subjective labor rights of employees are aimed at providing: actual employment by work on a specific specialty, normal working and wages in accordance with its quality and quantity; Labor honor and dignity of the employee.

Subjective rights are characterized by concreteness, attractiveness and relative freedom of behavior in their implementation.

The attraction as one of the signs of the subjective rights of the employee is ensured by the activities of other subjects (for example, the right to ensure safe and healthy working conditions, the right to demand a careful attitude towards the property of the employer).
Another element of the content of labor relations are the responsibilities of the employee, enshrined in Art. 21 of the Labor Code of the Russian Federation.
Smirnov O.V. The employee's employment responsibilities as a set of proper actions of workers related to the participation of their personal labor in the implementation of the tasks of the organization with which they are in labor relations are.

According to the Labor Code of the Russian Federation (Art. 91), the employee fulfills its work responsibilities during working hours.
Labor right regulates the important side of public relations related to labor. It, unlike all other branches of law, one way or another affecting the relations of people and society in labor, is aimed at guaranteed maximum number guarantees for a person providing their abilities to work; Labor law is aimed at protecting citizens when they perform work in the conditions of individual labor relations.

This situation in modern society, taking into account the global economic crisis affected and Russian Federation, influenced the work of most companies. Employers suffered losses are trying to minimize their financial costs, including this concerns the workforce. Massive measures are carried out to reduce staff and rebuild personnel. Many companies do not have the opportunity to pay the employees of that wage that have even recently paid. Employers who have the need to attract personnel are trying to avoid the need to provide social guarantees to their employees using borrowed labor or attracting citizens to work on the basis of a civil-legal contract. Highly qualified workers agree to go to work with a lower condition wagesWhat they could count earlier.

V.V. Fedin. Legal status of an employee as a subject of labor law: a monograph. - M.: TK Velby, Publishing House "Prospekt", 2005.

The concept of "labor relations" was first enshrined in the TC RF (Art. 15). In this concept, it is emphasized that labor attitude Be sure to arise on the basis of an agreement, according to which the employee assumes the obligation to fulfill the labor function for the fee in the interests, under the management and control of the employer, with submission of the rules of the internal labor regulation, and the employer undertakes to ensure the necessary working conditions and its payment.

It has been established that the conclusion of civil law agreements actually regulating labor relations between the employee and the employer is not allowed - part 2 of Art. 15 TK RF, this norm Gets its development in other norms, in particular Art. 19.1 TK RF.

Obviously, the concept of "labor legal relationship" is generally perceived by the legislator (art. 15 of the Labor Code of the Russian Federation), since these concepts unites the fact that the objective of the regulation is the conditions and payment of the wage employee - one side of the labor relations, and the other party always stands for the employer (physical or a legal entity) capable of paying employee labor and provide the necessary conditions for its work.

You should pay attention to the following features characterizing labor relationship: 1) its subjects are always an employee and an employer; 2) this legal relationship is inherent in a whole range of rights and obligations, i.e. The complex composition of the rights and obligations of its subjects: Each of them speaks towards another and as the obligated, and as a controlled person, and also bears a number of responsibilities; 3) despite the complex composition of rights and obligations, labor legal relationship is one; The combination of rights and obligations allocated from the employment relationship does not confirm the emergence of new types of legal relations (for example, paying, disciplinary or material liability), since general concept Responsibilities are covered and responsible for their actions; four) labor legal relationship also distinguishes the following nature For the rights and obligations of subjects are systematically implemented by the employee of the employment function and other duties, subject to the established rules of the internal labor regulations and the response actions of the employer to ensure the working conditions and wages of the employee.

These features characterize labor legal relationship, but it is necessary to distinguish it from related legal relations in the field labor activity. Adjacent legal relations include, first of all, civil law relations arising from contracts, compensated provision of services, instructions, copyright contracts and other employment contracts.

Such distinction is possible on the basis of the characteristic features inherent in exactly the labor relationship.

• 1. The personal nature of the rights and obligations of the employee who is obliged to participate in the production or other employer's activities, using its work abilities.
• 2. The employee is obliged to fulfill the labor function due to the labor contract - work as a position in accordance with the staff schedule, by profession, specialty, indicating the qualifications; Specific view of an ordered employee of work.
• 3. The execution of his labor function, carried out in the conditions of collective (cooperative) labor, necessitates the need to subordinate the employee to the internal labor schedule established by the employer, following the orders and instructions of the employer (head, director, etc.), endowed with disciplinary and policymaking.
• 4. The compensable nature of the labor relationship is manifested in the systematic payment of the employee of the established wage at least twice a month. At the same time, payment is made in accordance with the difficult work carried out by the employee at the fixed working time.
• 5. The employer who uses the work of the employee is obliged to create healthy and secure Conditions Labor, to comply with labor legislation, including labor protection legislation.
• 6. A characteristic feature of the employment relationship is the right of each of the subjects for its termination without any sanctions, but in compliance with the procedure established by law. At the same time, the employer is obliged to warn an employee about dismissal in cases, as well as to pay output benefits and other compensation.

It should be noted that the concept of labor legal relations given in Art. The 15th TK of the Russian Federation, fully complies with the ILO recommendation "On Individual Labor Relationship", adopted by the ILO General Conference at the 95th session on June 15, 2006. In this recommendation, Member States are recommended in their legislative and regulatory legal acts or other means to provide for the possibility of determining specific signs of individual labor relations.

These signs of labor legal relationship can be used in law enforcement practice, Including cases where civil law contract was concluded between the parties, but in the course of the judicial review, it was established that the civil relationship between the employee and the employer is regulated by the civil-law. The Labor Code of the Russian Federation provides for such relations the provisions of labor legislation (part 4, Article 11, 19.1 of the Labor Code of the Russian Federation) are applied.

Definition 1.

In essence, labor legal relationship - This is a kind of public relations based on the implementation. specific work. It is governed by labor law standards under the agreement concluded between the employee and the employer. At the same time, the first must obey the rules internal regulationsoperating at the enterprise or in the organization. And the second is to ensure the conditions of work provided for by labor legislation, collective and employment contracts.

Signs of labor relationship

The following main signs of labor relations are distinguished:

1. personal nature of the rights and obligations of the employee;
2. predetermined labor function;
3. compliance labor discipline;
4. compensated nature of labor relations;
5. each subjects are entitled to stop labor legal relationship.

Consider the above features in more detail.

1. The employee is obliged to participate in the production or other employer's activities exclusively . There is no such restriction in civil relation in which the Contractor has the right to attract other persons to fulfill the work and other persons.
2. Labor content is predetermined by specialty, qualifications or employee position. In labor relationship, we are not talking about the implementation of a separate individual task to a specific period, which is characteristic of civil-related labor obligations.
3. Since the execution of the labor function is carried out in the team, 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, labor relationship combines both coordination and subordination elements. The principle of freedom of labor is combined with subordination to the upstream authorities.
4. Compensated nature of labor relationship It is manifested in paying wages, which is carried out by the employer, as a rule, in cash. The peculiarity of the labor relationship is that payment is made for labor carried out by the employee systematically at the time being operating time.
5. Labor legal relationship is difficult, since each of its parties have corresponding rights and obligations. Both the employee and the employer may stop their legal relationship Without any sanctions, if the provisions of the 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:

1. main;
2. related and organizational and managerial;
3. guard.

The main labor relations relate to the relationship between the employee and the employer.

Relationship and organizational and managerial are relations related to employment issues, organization and management of labor, as well as trade union activities for the protection of the rights of workers and socio-partnership legal relations. The same group includes training, professional retraining and advanced training of personnel.

Security legal relations are associated with control and supervision of compliance with labor legislation, the material responsibility of employees and employers, the permitting disputes and social insurance issues.

The following main types of labor relations exist in modern Russia:

1. promoting employment and employment;
2. relations between the employee and the employer;
3. organization and labor management;
4. vocational training, retraining and advanced training;
5. trade union relations with employers to protect the rights of employees;
6. socio-partnership legal relations;
7. control and supervision of compliance with labor legislation;
8. financial responsibility of the parties to the employment contract;
9. permission of labor disputes;
10. social insurance.

All of the above types of legal relations are determined by the subject of labor legislation. They differ from each other with subjects, content, as well as grounds for the occurrence and termination of relations.

Object of labor relationship

Performing a certain work, the character of which is due to the specialty, qualifications or position of the employee, is the object of labor relationship.

Note 1.

Thus, various benefits created in the process of work are practically inseparable from the production activity itself. For example, a useful effect of a teacher conducted by a teacher is difficult to determine in the actual expression. Therefore, the material content of the labor relationship is considered the actual behavior of its participants, regulated by a combination of their rights and obligations.

Emergence, change and termination of labor relationship

The basis for the emergence of most labor legal relations is the conclusion between the employee and the employer of the employment contract. The legal importance of this document is that it is the basic basis for further development labor law.

Note 2.

The content of the employment contract includes all conditions that determine the rights and obligations of its parties. A variety of this document is labor contractwhich can be enclosed by an employer with representatives of creative, scientific or sports professions. The change in labor relationship is expressed in the transfer of an employee to another work on the initiative of the administration of an enterprise or organization. Such a translation is possible only with the consent of the employee or in the case of production need, as well as due to a downtime for one reason or another.

An employee can also refer to the employer with a request to translate it to another job, for example, in order to protect health or with temporary disability.

Termination of labor relations is possible both by the mutual agreement of the parties and on the initiative of the employee or the employer. Labor legislation provides an employee the right to terminate the employment contract that does not arrange its employment contract at any time. A citizen is obliged to warn the administration of an enterprise or organization two weeks before dismissal, making it in writing. However, the employer has the right to terminate the employment contract with the employee earlier established by the law of a two-week term.

The object of labor relationship is to fulfill a certain kind of work characterized by a certain specialty, qualifications by the post.

The characteristic of the labor relationship object is currently not unambiguous, since in labor legal relations the object is essentially separated from their material content (obligations obliged, etc.). A useful effect delivered by the employee (reading lectures, etc.) can be consumed, as a rule, during the production process. And since in labor law, the material benefits (objects) are practically inseparable from the employment of the employee, the characteristics of the material content of labor relations exhaust the question of their object.

Under the material content of labor relations is understood as the actual behavior of its participants (subjects), which is ensured by subjective labor rights and responsibilities. The actual is always secondary and subordinated to the legal entity (volitional) content of the labor relationship, which is formed by the subjective rights and responsibilities of their participants. The content of these rights and obligations is expressed in a legal possibility within the limits of the laws established by the law to act, demand, attach, use the benefits, etc. And in charge of satisfying the counter interests and the needs of other subjects.

Based on the unity of material and legal (volitional) components, we can say that the subjective rights and obligations of employees are part of the labor relationship, these are implemented and specified statutory rights and obligations that make up the content of the legal status of employees. On these Rights and Responsibilities of Labor Subjects and will be told in the next section of the work. We are material interest in the results of work activities, the satisfaction of the economic, social needs of the employee and the employer, the protection of the relevant labor rights of the subjects.

Such a concept of labor relations seems to be broader, it includes the actual labor relationship of the employee and the employer and directly related other social relations. Each of these legal relations is distinguished by entities, content, bases of occurrence and termination.

Types of labor relations are determined by the subject of labor law, and among them can be called:

Legal relationship to promoting employment and employment;

Labor legal relations between the employee and the employer;

Legal relations on the organization of labor and labor management;

Legal relations on vocational training, retraining and advanced training of employees;

Legal relations of trade unions with employers to protect the labor rights of workers;

Legal relations for supervision and control;

Legal relationship on the material responsibility of the parties to the employment contract;

Legal relations to resolve labor disputes;

All types of legal relations can be divided into:

Main (labor relations);

Concomitant and organizational and managerial (employment, organization and labor management);

Security legal relations (for supervision and control, material responsibility of the parties to the employment contract, permitting employment disputes, compulsory social insurance).