Types of material punishment. Material Describe the types of material liability of workers

Article 402 of the Labor Code establishes that employees, as a rule, bear full financial responsibility for damage caused through their fault to the employer. Legislation, collective agreements, agreements may establish limited liability of employees for damage caused to the employer through their fault, with the exception of cases provided for in Article 404 of the Labor Code.

Limited liability means that the employee is obliged to compensate for the damage in the amount of his actual damage, but the amount of compensation cannot exceed the average monthly salary. Limited financial liability is currently provided in accordance with Article 403 of the Labor Code only in two cases:

1) employees - in the amount of damage caused through their fault, but not more than their average monthly earnings for damage or negligent destruction of materials, semi-finished products, products (products), including during their manufacture, as well as for damage or destruction by negligence of tools , measuring instruments, special clothing and other items issued by the employer to the employee for use;

2) heads of organizations, their deputies, heads of structural divisions and their deputies - in the amount of damage caused through their fault, but not more than three times the average monthly earnings, if the damage is caused by improper accounting and storage of material or monetary values, failure to take necessary measures to prevent downtime or the release of substandard products. Such responsibility is borne by the heads and their deputies of any structural divisions provided for by the charter (statute) of the enterprise.

Average monthly earnings are determined based on the calculation of the last two calendar months of work of the employee who caused the damage. If an employee has worked for the employer for less than two months, then his average earnings are determined based on the actual time worked.

Full financial responsibility.

Full material responsibility - this is liability in the amount of damage caused without limiting it to any limit. Full financial liability occurs if no exceptions are made to the general rule on full financial liability. In addition, full financial liability in the cases provided for by Article 404 of the Labor Code.

Most often, full financial responsibility occurs when a written agreement on full financial responsibility is concluded between the employee and the employer.

Written agreements on full material liability can be concluded by the employer with employees who have reached the age of 18, occupying positions or performing work directly related to storage, processing, sale (vacation), transportation or use of the values \u200b\u200btransferred to them in the production process. An indicative list of such positions and jobs, as well as an indicative agreement on full individual financial responsibility, are approved by the Government of the Republic of Belarus.

Full individual material responsibility can be established if the following conditions are present: 1) commodity-money values \u200b\u200bare transferred to the employee on account of the report, that is, he is personally responsible for their safety and sale (small retail workers, storekeepers, cashiers. Bartenders, forwarders, etc. .); 2) conditions have been created for the employee for storage, sale and processing of material assets (isolated premises, etc. 3) the employee independently reports to the accounting department for the values \u200b\u200bentrusted to him.

A special form of full material liability is collective (brigade) material liability, which is introduced when employees jointly perform work related to storage, processing, sale (vacation), transportation of the values \u200b\u200btransferred to them, when it is impossible to differentiate the material liability of each employee and conclude an agreement with him on individual liability

Collective liability is introduced if the following conditions are present simultaneously: 1) work is performed jointly; 2) it is impossible to delimit the material responsibility of each employee and conclude an agreement with him on full individual material responsibility; 3) the employer has created conditions for the employees for normal work and ensuring the safety of the values \u200b\u200btransferred to them,

4) the employee (team member) has reached the age of 18.

A written agreement on full financial liability provides for a list of the main obligations of the employee and the employer. The employee undertakes to treat the material assets transferred to him for storage or for other purposes with care and take measures to prevent damage, promptly inform the employer about all circumstances that threaten to ensure the safety of the values \u200b\u200bentrusted to him, make proposals to the employer for the reconstruction and repair of warehouse premises and sites in order to improve their fitness for storing material values, keep records. Draw up and submit, in the prescribed manner, commodity-money and other reports on the movement and balances of values. In turn, the employer undertakes: to create for the employee the conditions necessary for normal work and to ensure the safety of the property entrusted to him, to acquaint the employee with the current legislation on the material liability of employees, as well as with the current instructions, standards and rules for storage, acceptance, processing, sale (vacation) , transportation or use in the production process of the values \u200b\u200btransferred to him, to carry out an inventory and write-off of material values \u200b\u200bin the prescribed manner.

The team assumes full financial responsibility for all inventory items (goods, containers, materials) transferred to it under the report. A written contract is drawn up in two copies, one of which is with the employer, and the second with the employee. The contract applies to the entire time of work with entrusted employees with material assets.

The basis for bringing employees or team members to liability is material damage caused through their fault by not ensuring the safety of property and other valuables (shortage, damage) transferred to them for storage, sale or for other purposes and confirmed by an inventory list.

The damage subject to compensation caused by the brigade is distributed among its members in proportion to the time actually worked for the period from the last inventory to the day the damage was discovered.

4. Procedure for compensation for damage caused to the employer

The employee who caused the damage can voluntarily compensate it in whole or in part. With the consent of the employer, the employee may transfer equivalent property for compensation for damage or repair damaged property. This right belongs to the employee, regardless of the period, size and type of material liability.

Compensation for damage in an amount not exceeding the average monthly earnings is made by order of the employer - by deduction from the employee's wages. The order must be made no later than 2 weeks from the date of discovery of the damage and must be executed no earlier than 10 days from the day the employee was notified. Prior to issuing an employer withholding order, a written explanation must be requested from the employee.

If the employee does not agree with the deduction or its amount, the labor dispute at his request is considered in the manner prescribed by law.

In other cases, compensation for damage is made by the employer of a claim in court.

For the employer to apply to the court on the recovery of material damage from the employee, a period of one year is established from the date of discovery of the damage.

When a court is considering a case for compensation for damage, the court may, taking into account the degree of guilt, the specific circumstances of the case and the financial situation of the employee, reduce the amount of damage to be compensated. Reduction of the amount of damage is unacceptable if the damage was caused by a crime committed with a mercenary purpose.

Traditionally, material responsibility is associated with labor relations, and to a greater extent with the duties of employees. A close examination of the issue of causing damage by action or inaction, one can see that, according to the Labor Code of the Russian Federation, such liability is, first of all, mutual, and when establishing it, it is necessary to adhere to the principle of equality of the parties.

Financial liability - what is it in simple terms

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From the point of view of labor legislation, material liability is a mutual obligation of the employee and the employer to compensate for the damage caused by one of the parties.

Material damage can be understood as:

direct destruction or loss of property;
a decrease in the value of stocks as a result of the culpable actions of one of the parties (damage to values);
disclosure of information that caused losses;
loss of property owned by third parties, but transferred to the employer for safekeeping;
theft of valuables from an employer or client.

From the point of view of labor legislation, only real damage can be considered, the lost profit is not subject to compensation, Art. 238 of the Labor Code of the Russian Federation. The conditions for the onset of liability are detailed in section XI of the Labor Code of the Russian Federation. In addition, the obligation to take good care of the values \u200b\u200bused in the work process is listed as the main one in Art. 21 and 22 of the Labor Code of the Russian Federation.

Types of material liability

The method of compensation for the damage caused is directly dependent on how it is stipulated in the employment contract. The existing types of liability are classified by:

subject and amount of compensation - the employee's obligation is differentiated, the employer's - for the most part, full;
the number of subjects - individual and collective;
method of compensation - by agreement, one-time document or court decision.

Labor legislation gives the employer the right to demand material compensation for the damage caused, but does not oblige him to do so upon revealing each such fact, Art. 240 of the Labor Code of the Russian Federation.

Liability conditions

As a general rule, the employee's liability for material damage caused to the company does not automatically arise, even if the amount is established and proven. In order to bring the hired person to account under a written agreement or under a one-time document (acceptance certificate, custody paper, invoice or inventory), several essential conditions must be met:

the damage is real (hypothetical employment losses are not considered)
guilt in the actions (inaction) of the employee or criminal intent;
proven causal link between harm and employee actions (memoranda, inspection materials, inventory data, video surveillance materials);
lack of evidence that the responsible person has taken every effort to avoid or reduce the amount of damage;
the injured party made a claim for compensation (voluntary or compulsory).

From the point of view of the onset of material liability, the existence of an agreement on the obligation to compensate for the full amount of damage caused significantly reduces the duration of the procedure and the number of its stages. But even in the absence of a special clause in the labor contract or a separate agreement with the employer, the hired person cannot avoid full responsibility (Article 243 of the Labor Code of the Russian Federation) if:

the damage was the result of intent;
the employee committed the destruction of property in a state of intoxication (alcoholic, narcotic, toxicological);
material damage was caused as a result of an offense;
damage was caused not in the performance of labor functions (this case does not fall under the Labor Code of the Russian Federation and will be considered from the point of view of general legislation - civil or criminal).

In the presence of these conditions for the onset of material liability, minors can be brought to it, but only in court, because the law does not provide for the conclusion of agreements with them on full liability, Article 242 of the Labor Code of the Russian Federation. It should be borne in mind that in cases of intentional harm, the Labor Code will not protect even pregnant women.

The principle of material responsibility

The essence of material liability in labor legislation is more fully disclosed if the principles of its imposition are highlighted:

Attraction principles	The essence
Reciprocity	The degree of responsibility for the employee should not be higher than for the employer.
Bringing the parties to responsibility only as a result of labor relations	Compensation for damage will be considered through the prism of the Labor Code of the Russian Federation, only if the parties are united by an employment contract, and the fact of damage is associated with the performance of work duties. If there is no such agreement between the parties, then we will talk not about material, but about property damage under the Civil Code of the Russian Federation (this also applies to those who perform work on the GPA).
Guilt	It is possible to oblige a party to restore what was lost only if there is irrefutable evidence of the guilt of the actions. The acknowledgment of the employee can also act as confirmation.
Accounting for direct actual damage	The employer is obliged not only to investigate and prove guilt, but also to determine the amount of destroyed or damaged property in monetary terms.
Possibility of reaching agreement on the form and timing of repayment of obligations	The guilty party can compensate for damage both in money and by providing a similar serviceable property. The issue of repayment of the established debt in the amount, form and timing may be agreed with the employer. The Labor Code of the Russian Federation reserves for the latter the right to refuse the debt demand.
Justice	Forcing to pay for material damage, for example, with collective responsibility, can only be those whose participation in this is fully proven. If a person was absent from work that day, then it is impossible to attract him to pay for the damage caused, even if he signed a general paper on full (brigade) responsibility.

Timing

Liability issues are considered within the scope of the provisions of the Labor Code only in the case when the damage was caused as a result of the performance of work duties. Anything done outside the company or working time must be qualified in accordance with the norms of civil and criminal law. However, this does not mean that the former employee cannot be held accountable after the termination of the working relationship with him.

As insurance, the employer can use, which provides for the opportunity to apply for compensation a year later after revealing the fact of material damage and identifying those responsible. It also confirms this right, which says that termination of the employment contract does not terminate the right to receive compensation for damage caused during the cooperation.

For the employee, the danger lies in the fact that checking the integrity of stocks and property may occur not on the day of dismissal, but much later. In theory, each business entity must conduct an inventory annually no later than the end of the year, before drawing up the final reporting, Order of the Ministry of Finance No. 49. So the deadlines for filing claims can stretch up to two years after the dismissal of a specialist.

Hired persons who, according to the Government's list, are those with whom it is allowed to conclude an agreement on the full financial responsibility of the employee, should know that upon dismissal, the employer is obliged to conduct an unscheduled inventory of the site entrusted to the specialist in order to identify shortages. If, according to the results of an extraordinary check, all the values \u200b\u200bwere in stock and in good condition, then the materially responsible person can be relatively calm.

The term for applying for damages is one year from the date of establishing the value of the lost values \u200b\u200band the perpetrators, Art. 392 of the Labor Code of the Russian Federation.

goal

In addition to returning the value of stolen or damaged valuables, financial liability pursues a number of other goals:

restoration of what was lost (in money, property or in another agreed way);
educational function - the inevitability of punishment helps the parties to be more attentive to their own obligations under the Labor Code of the Russian Federation;
legal meaning - the parties can count on full compensation only if the procedures established by law are observed, otherwise this right will be lost.

The limits

Article 242 of the Labor Code of the Russian Federation allows the employer to hold employees fully responsible for the values \u200b\u200bentrusted to them. This can be done immediately upon signing an employment contract, in the course of work, draw up a separate agreement or issue an order to impose additional duties on a person.

Essential in this case will be the proviso that only representatives of certain professions from the list of positions related to the maintenance of funds or the preservation of inventories can be brought to full responsibility, Art. 244 of the Labor Code of the Russian Federation. For these purposes, the Ministry of Labor of the Russian Federation, by its Resolution No. 85, approved a list of professions and types of work, as well as samples of agreements on full individual and collective material liability.

For those with whom the contract is not concluded, the limits of liability are established by Art. 241 of the Labor Code of the Russian Federation - no more than one average earnings calculated according to the rules of Art. 139 of the Labor Code of the Russian Federation. In addition, Art. 248 of the Labor Code of the Russian Federation limits the period for obtaining even such an amount of compensation by way of simple deduction from the calculated amount - this right can be exercised only within a month from the date of establishing the fact and the amount of damage caused. If the deadline is missed, the employer can only recover compensation through the court.

The employer's right to refuse to recover damages from the employee

The circumstances of damage to property or loss of part of the inventory may be taken into account in the internal proceedings. For this, when carrying out measures to establish the amount of damage, it is customary for an employee to demand an explanation of his actions (inaction). If justifying points are found, the employer has the right to waive the claim for compensation in whole or in part, Art. 240 of the Labor Code of the Russian Federation. In this case, the authorities can be guided by considerations:

small amount of damage;
life circumstances and material conditions of the offender;
the position of the owner of the property (may be contained, for example, in a collective agreement).

If responsibilities at a new place of work are inextricably linked with the need to maintain and preserve the values \u200b\u200bof the company, understanding the individual intricacies of the concept of material responsibility will not be superfluous for everyone entering the position. But even if the future specialty is not mentioned in the List of the Ministry of Labor, one should not forget that the obligation to monitor the safety of the employer's property is recorded as one of the main ones in Art. 21 of the Labor Code of the Russian Federation, and full financial responsibility can overtake even without a contract signed about it.

Lawyer of the collegium of legal protection. She specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory bodies.

Material liability under labor law is the duty of the employee to compensate for the damage caused to the employing organization, within the limits and in the manner established by law.

Labor legislation has established two types of material liability of employees - full and collective.

Full material responsibility implies that the employee must compensate the direct actual damage caused to the employer in full. It can be established by an employment contract concluded with the deputy heads of the organization, the chief accountant.

Employees under the age of 18 bear full financial responsibility only for deliberate damage, for damage caused in a state of alcoholic, drug or other toxic intoxication, as well as for damage caused as a result of a crime or administrative offense.

Material liability in full amount of the damage caused is borne by the employee:

3) deliberate infliction of damage;

2) in case of a shortage of values \u200b\u200bentrusted to him on the basis of a special written contract or received by him under a one-time document;

4) causing damage in a state of alcoholic, drug or other toxic intoxication;

6) infliction of damage as a result of an administrative violation, if such is established by the relevant state body;

5) damage caused as a result of criminal actions of an employee, established by a court judgment;

7) disclosure of information constituting a secret protected by law (state, official, commercial or other), in cases provided for by federal laws;

8) damage caused not in the performance of the employee's labor duties.

Collective (brigade) material responsibility may be introduced when employees jointly perform certain types of work related to the storage, processing, sale, transportation, use or other use of the values \u200b\u200btransferred to them, when it is impossible to delineate the responsibility of each employee for causing damage and conclude an agreement with him on compensation for damage in full,

A written agreement is concluded between the employer and all members of the team (brigade).

To be exempted from material responsibility, a member of the team (brigade) must prove the absence of his guilt.

By subject highlight the material responsibility of the employee and the material responsibility of the employer;

By volume of compensation allocate full (in the amount of direct actual damage) and limited (in the amount of direct actual damage, but not more than the average earnings of the employee). The employer always bears full financial responsibility, and the employee in cases determined by law bears full financial responsibility, and in the rest - limited;

By the method of compensation for damage caused allocate compensation on the basis of a written agreement of the parties (voluntary compensation procedure), on the basis of a court decision and on the basis of an order from the employer.

72. Full liability agreements: types, meaning, order of conclusion.

Material liability agreement (LIA) is an agreement between an employee and an organization, which, firstly, stipulates the responsibilities of the administration and the employee to ensure the safety of the property of the enterprise entrusted to the employee, and secondly, establishes the employee's material liability for failure to ensure the safety of this property ...

The contract is concluded in writing. The employer can use both a standard form and draw up a contract on his own. At the same time, in the event of a conflict with the norms of labor legislation, the contract, in terms of contradictions, is not applied.

In accordance with the standard form full individual liability agreements the employee assumes full financial responsibility for the shortage of property entrusted to him by the employer, as well as for the damage incurred by the employer as a result of compensation for damage to other persons, and in connection with the above undertakes:

a) take good care of the property of the employer transferred to him for the implementation of the functions (duties) assigned to him and take measures to prevent damage;

b) promptly inform the employer or immediate supervisor about all circumstances that threaten to ensure the safety of the property entrusted to him;

c) keep records, draw up and submit, in accordance with the established procedure, commodity-money and other reports on the movement and balances of the property entrusted to him;

d) participate in the inventory, audit, other verification of the safety and condition of the property entrusted to him.

The contract comes into force from the moment of its signing (unless otherwise agreed). The contract applies to the entire period of work with the property of the Employer entrusted to the employee.

In the event of dismissal, simultaneously with the adoption of a decision to dismiss a financially responsible person, the administration is obliged to appoint a mandatory inventory of property at the facilities subordinate to the discharged employee.

In all cases, inventory materials must be drawn up before the employee is fired from work in order to receive signatures from him on the completed inventory lists, confirming the correctness of the inventory, counting balances and determining the amount of shortage. If the employee refuses to sign the inventories, an act must be drawn up.

Based on the results of the inventory and identification of shortages, the organization should file a lawsuit demanding to reimburse the amount of the shortage, with its direction for sale at the place of residence or work of the dismissed employee (including through bailiffs).

A written agreement on collective (brigade) material liability is between the employer and all members of the team (team).

Under the agreement, the values \u200b\u200bare entrusted to a pre-established group of persons, who are fully financially responsible for their shortage. To be exempted from material responsibility, a member of the team (brigade) must prove the absence of his guilt.

In case of voluntary compensation for damage, the degree of guilt of each member of the team (team) is determined by agreement between all members of the team (team) and the employer. When recovering damage in court, the degree of guilt of each member of the team (brigade) is determined by the court.

73. Determination of the amount of damage caused by the employee and the procedure for its recovery.

Bringing to material liability and compensation for damage is carried out regardless of bringing the employee to disciplinary, administrative or criminal liability for the action (inaction) that caused damage to the enterprise, institution. The employer is responsible for determining the amount of damage caused and the cause of its occurrence by the current legislation. Before deciding on compensation for damage by specific employees, the employer is obliged to perform the following actions: - conduct a check to establish the amount of damage caused and the reasons for its occurrence (administrative investigation):it is established whether the employee actually caused material damage, the time, place, circumstances in which the damage was caused; the goals and motives of causing material damage are clarified; the presence of guilt in the actions or inaction of specific employees and the degree of guilt of each in the event of material damage caused by several employees is established; the circumstances affecting the degree and nature of the responsibility of the guilty employee are clarified; the personal and business qualities of the employee, his previous behavior are clarified; the reasons and conditions that contributed to the infliction of material damage are clarified; the amount of damage caused by the employee and other issues is determined; - request an explanation from the employee in writing to establish the cause of the damage; - familiarize the employee with the inspection materials. For the purpose of verification, the employer has the right to create a commission with the participation of relevant specialists. Based on the results of establishing the amount of damage, the employee is presented with an act on the investigation of the circumstances of the damage. The act must contain the following details: - date of drawing up; - information about the officials who discovered the damage and made an act; - description of the nature of the damage and the circumstances of the damage; - assessment of the nature of the employee's fault. The employee and (or) his representative have the right to get acquainted with all the materials of the inspection and to appeal against them. The procedure for recovering the amount of damage is regulated by the Labor Code of the Russian Federation. In an indisputable manner - by order of the employer (administrative penalty), the amount of the damage caused is recovered from the guilty employee, which does not exceed the average monthly earnings. In this case, such an order can be made no later than one month from the date of the final determination by the employer of the amount of damage caused by the employee. Damage is recovered in court in the event that: 1) the month has expired; 2) the employee does not agree to voluntarily compensate the damage caused to the employer, and the amount of damage caused to be recovered from the employee exceeds his average monthly earnings. In order to guarantee the protection of the employee's rights, the legislator has provided that if the employer does not comply with the established procedure for recovering damage, the employee has the right to appeal against the employer's actions in court. An employee guilty of causing damage to the employer can voluntarily compensate it in whole or in part. By agreement of the parties to the employment contract, compensation for damage by installments is allowed. In this case, the employee submits to the employer a written commitment to compensate for the damage, indicating specific payment terms. In the event that the employee decided to quit, but did not compensate for the damage, the employer cannot prevent him, but has the right to go to court. Labor legislation provides that the labor dispute settlement body (labor dispute commission, court, magistrate) can, taking into account the degree and form of guilt, the employee's financial situation and other circumstances, reduce the amount of damage to be recovered from the employee. As follows from the cited article, the court must take into account: - the degree and form of guilt; - financial situation; - other circumstances, that is, this list is not exhaustive. The only legislative restriction is that as established in part 2 of article 250 of the Labor Code of the Russian Federation, the amount of damage to be collected from the employee is not reduced if the damage is caused by a crime committed for selfish purposes. ...

74. State supervision and control over observance of labor legislation and other regulatory legal acts containing labor law norms. Supervision and control bodies in the world of work.

In accordance with the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms are carried out by all employers on the territory of the Russian Federation by the federal labor inspectorate.

State control (supervision) over compliance with the requirements for the safe conduct of work in certain areas of activity is carried out in accordance with the legislation of the Russian Federation by authorized federal executive bodies.

Intradepartmental state control over the observance of labor legislation and other normative legal acts containing labor law norms in subordinate organizations is carried out by federal executive bodies, executive bodies of the constituent entities of the Russian Federation, as well as local self-government bodies in the manner and on conditions determined by federal laws and laws. subjects of the Russian Federation.

State supervision over the accurate and uniform implementation of labor legislation and other regulatory legal acts containing labor law norms is carried out by the Prosecutor General of the Russian Federation and prosecutors subordinate to him in accordance with federal law.

Federal Labor Inspectorate - a unified centralized system, consisting of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law, and its territorial bodies (state labor inspectorates).

The activities of the federal labor inspectorate are managed by the head of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms - the chief state labor inspector of the Russian Federation appointed and dismissed by the Government Russian Federation.

The activities of the federal labor inspectorate and its officials are carried out on the basis of the principles of respect, observance and protection of human and civil rights and freedoms, legality, objectivity, independence and transparency.

75. The powers of state authorities to exercise supervision and control in the labor sphere.

One of the main tasks of the Federal Labor Inspectorate is to carry out inspections of compliance with labor laws and other regulatory legal acts containing labor law norms in organizations located in the relevant territory. The reasons for them may be the appeals of citizens coming to the bodies of the Federal Labor Inspectorate, mass media reports, statistical data, materials of inspections of public organizations, primarily trade unions.

· Analyzes the circumstances and causes of the violations identified, takes measures to eliminate them and restore the violated labor rights of citizens;
carries out in accordance with the legislation of the Russian Federation, consideration of cases of administrative offenses;

· Sends, in the prescribed manner, the relevant information to federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies, law enforcement bodies and courts;

· Exercise supervision and control over the observance of the established procedure for investigation and accounting of industrial accidents;

· Analyzes the state and causes of industrial injuries and develops proposals for its prevention, takes part in the investigation of industrial accidents or conducts it independently;

· Receives and considers applications, letters, complaints and other appeals of citizens about violations of their labor rights, takes measures to eliminate the violations identified and restore the violated rights;

· Requests from federal executive bodies and their territorial bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies, prosecutors, judicial bodies and other organizations and receives free of charge from them the information necessary to fulfill the tasks assigned to them;

· Informs and advises employers and employees on compliance with labor legislation;

· Informs the public about the revealed violations of labor legislation and other normative legal acts containing labor law norms, conducts explanatory work on the labor rights of citizens;

· Prepares and publishes annual reports on the observance of labor legislation and other regulatory legal acts containing labor law norms, in the prescribed manner submits them to the President of the Russian Federation and the Government of the Russian Federation;

· Exercise supervision and control over the implementation of the rights of employees to receive security for compulsory social insurance against industrial accidents and occupational diseases, as well as over the appointment, calculation and payment of benefits for temporary disability at the expense of employers;

For example, these include the prosecutor's office, the Federal Labor Inspectorate, Gosgortekhnadzor, State Sanitary and Epidemiological Supervision, Gosenergonadzor, Gosatomnadzor, and local self-government bodies. A significant role in the protection of violated labor rights of employees and their legitimate interests is assigned to courts of general jurisdiction.

The Labor Code of the Russian Federation establishes a system of these bodies, securing as its constituent elements the bodies of the federal labor inspection, federal supervision, federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies, prosecutors.

76. Responsibility for violation of labor legislation.

LIABILITY FOR VIOLATION OF LABOR LEGISLATION - the type of legal responsibility to which legal entities and individuals are involved for violations of labor legislation (TK) committed by them.

Persons guilty of violating TK and other regulatory legal acts containing labor law norms are brought to disciplinary responsibility in accordance with the procedure established by the Labor Code of the Russian Federation and other Federal Laws, as well as to civil, administrative and criminal liability.

Disciplinary responsibility the employee comes for non-fulfillment or improper fulfillment of the labor duties assigned to him, i.e. commits a disciplinary offense, for the commission of which the employer has the right to impose a disciplinary sanction against the employee, both of a moral and legal nature (remark, reprimand), and an exceptional one (dismissal on appropriate grounds).

The heads and other officials of organizations are responsible in the cases and in the manner established by the Federal Law.

Federal Law, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions. For example, in accordance with the legislation on civil service, a civil servant for failure to perform or improper performance of the duties assigned to him, in addition to the penalties provided for by the Labor Code of the Russian Federation, may also be applied warningabout incomplete service compliance.

The Code on Administrative Offenses of the Russian Federation provides types administrative offensesthat can be committed by employees and employers (representatives of the latter): unjustified refusal to conclude a collective agreement, agreement, dismissal of employees in connection with a collective labor dispute and the announcement of a strike, destruction or damage to other people's property.

Violation of legislation on labor and labor protection entails the imposition of an administrative fine on officials in the amount of 5 to 50 minimum wages; for persons engaged in entrepreneurial activities without forming a legal entity - from 5 to 50 minimum wages or administrative suspension of activities for up to 90 days; for legal entities - from 300 to 500 minimum wages or administrative suspension of activities for up to 90 days.

Violation of labor and labor legislation by a person previously subjected to administrative punishment for a similar offense entails disqualification for a period of 1 to 3 years.

An employer who has made a delay in the payment of wages to employees, other violations in the field of wages, bears not only administrative, but and criminal liability... In accordance with the Criminal Code of the Russian Federation, non-payment of wages, pensions, scholarships, allowances and other statutory payments for more than 2 months, committed by the head of an organization, regardless of the form of ownership out of selfish or other personal interest, is punishable by a fine or by deprivation of the right to hold certain positions or engage in certain activities for a certain period, or imprisonment for a certain period.

Also, Criminal liability is provided for: Violation of labor protection rules ";" Unjustified refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under the age of 3 years ";" Violation of safety rules at nuclear power facilities "; when conducting mining, construction or other work "; at explosive objects".

For violation of the OT rules, the person who was obliged to comply with these rules, if this entailed, by negligence, the infliction of grave or moderate harm to human health, in accordance with Art. 143 of the Criminal Code of the Russian Federation is punishable by a fine or correctional labor or imprisonment. The same acts that negligently entailed the death of a person are punishable by imprisonment with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years or without it.

Civil liability (including material) can occur only in cases established by the Federal Law.

The head of the organization bears full financial responsibility for direct actual damage caused to the organization. If a citizen is injured or otherwise damaged his health, the compensation for the lost earnings (income), which he had or definitely could have, as well as additional expenses incurred caused by damage to health, including the cost of treatment, additional food, purchase of medicines , prosthetics, outside care, spa treatment, purchase of special vehicles, preparation for another profession, if it is established that the victim needs these types of assistance and care and does not have the right to receive them free of charge.

77. Protection of labor rights and freedoms of workers. Protection methods.

Protection of workers' labor rights - guaranteed state protection of rights and freedoms workers in the field labor, aimed at preventing violations of labor rights of employees or immediate restoration of violated rights, as well as providing employees compensation in case of violation of their labor rights. State protection of human and civil rights and freedoms in the Russian Federation is guaranteed. Everyone has the right to defend their rights and freedoms in all ways that are not prohibited by law (Article 45 of the Constitution of the Russian Federation).

The main ways to protect labor rights and freedoms are:

· self-defense by employees of labor rights;

Principles: the right of employees to protect their interests in ways not prohibited by law; the duty of employers not to hinder the exercise of self-protection of labor rights; the establishment of state guarantees for the implementation by employees of self-protection of labor rights.

· protection of labor rights and legitimate interests of employees by trade unions;

When protecting the rights of specific citizens, the trade union has only general powers. Among general powers may include the expression by the trade union of its position in the protection of the rights of specific workers, the presentation of their own evidence in order to protect the rights of specific workers, the presence of representatives of the trade union when considering the applications of specific workers by authorized bodies and organizations.

· state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms;

Carried out by: - \u200b\u200bspecially authorized independent state bodies and inspections; - local self-government bodies; - ministries, departments - intradepartmental control at subordinate industries; - The General Prosecutor's Office of the Russian Federation and subordinate prosecutor's offices subordinate to it. State supervision and controlobservance of labor legislation and labor protection in all organizations on the territory of Russia is carried out by the Federal Labor Inspectorate and its subordinate state labor inspectorates in the field

· judicial protection.

The jurisdiction of labor cases to courts and the procedure for legal proceedings are regulated by civil procedure legislation. In accordance with the general order claims are brought to court at the place of residence of the defendant, and claims against legal entity - at the location of the body or property of the legal entity. Claims for the restoration of labor rights may also be brought at the place of residence of the plaintiff.

78. The concept and types of labor disputes.

LABOR DISPUTE - unresolved disagreements between the employer (employers, their representatives) and employees (their representatives) on labor relations.

Individual T. s. - unresolved disagreements between the employer and the employee on the application of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, labor contracts (including on the establishment or change of individual working conditions), which are declared to the body for consideration of individual T. s.

Individual labor disputes are considered by labor dispute commissions and courts.

An employee can apply to the labor dispute commission within three months from the day he learned or should have learned about the violation of his right.

In case of missing the established deadline for valid reasons, the labor dispute committee may restore it and resolve the dispute on the merits.

The courts consider individual labor disputes based on the applications of an employee, employer or a trade union defending the interests of the employee when they disagree with the decision of the labor dispute commission or when the employee goes to court, bypassing the labor dispute commission, as well as on the application of the prosecutor, if the decision the labor dispute commission does not comply with labor legislation and other acts containing labor law norms.

Collective labor dispute - unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body employees when adopting local regulations.

The day of the beginning of the collective labor dispute - the day of the announcement of the decision of the employer (his representative) on the rejection of all or part of the demands of the employees (their representatives) or the failure of the employer (his representative) to notify his decision.

The employer is obliged to take into consideration the workers' claims sent to him. The employer informs the representative body of the employees of the organization (branch, representative office or other separate structural unit), the individual entrepreneur about the decision taken in writing within two working days from the date of receipt of the specified requirements.

Consideration of a collective labor dispute with the participation of a mediator

· Consideration of a collective labor dispute in labor arbitration.

Consideration of a collective labor dispute by a conciliation commission is a mandatory step. Neither party to the collective labor dispute has the right to evade participation in conciliation procedures.

Members of the conciliation commission, labor arbitrators, for the period of participation in the settlement of a collective labor dispute, are released from their main job with the preservation of average earnings for a period not exceeding 3 months within one year.

Representatives of employees and their associations participating in the resolution of a collective labor dispute may not be disciplined, transferred to another job, or dismissed at the initiative of the employer without the prior consent of the body that authorized them to represent them during the period of resolution of the collective labor dispute.

79. Consideration of individual labor disputes in court. Jurisdiction and jurisdiction of labor disputes.

Individual T. s. - unresolved disagreements between the employer and the employee on the application of labor legislation and other normative legal acts containing labor law norms, a collective agreement, an agreement, a local normative act, an employment contract, which have been declared to the body for consideration of individual T. s.

An employee has the right to apply to the court for resolution of an individual labor dispute within three months from the day he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery of a copy of the order of dismissal to him or day of issue of the work book.

The employer has the right to apply to the court in disputes for compensation by the employee for the damage caused to the employer within one year from the date of discovery of the damage caused.

If the deadlines are missed for valid reasons, they can be restored by the court.

Individual labor disputes are considered directly in the courts on applications:

ü employee - on reinstatement at work, on changing the date and wording of the reason for dismissal, on transferring to another job, on payment for the time of forced absenteeism, on illegal actions (inaction) of the employer when processing and protecting the employee's personal data;

ü employer - on compensation by the employee for damage caused to the employer.

Individual labor disputes are also considered directly in courts:

· About refusal to hire;

· Persons who believe that they have been discriminated against.

· Persons working under an employment contract for employers - individuals who are not individual entrepreneurs, and employees of religious organizations;

The listed individual labor disputes are attributed to the exclusive jurisdiction of the court, and therefore they cannot be considered in the labor dispute commission.

The named labor disputes have different jurisdiction. From the Code of Civil Procedure of the Russian Federation, the Resolution of the Plenum of the Supreme Court of the Russian Federation "On the application of the Labor Code of the Russian Federation by the courts of the Russian Federation" it follows that jurisdiction of district (city) courts All disputes about reinstatement at work, regardless of the grounds for termination of the employment contract, include termination of the employment contract with the employee in the event of an unsatisfactory test result, applications from persons whose labor relations have been terminated, on recognizing the dismissal as illegal and changing the wording of the reason for dismissal, as well as applications for compensation material damage and fulfillment of material obligations under labor contracts in an amount exceeding 500 times the minimum wage

The rest of the labor disputes are classified as jurisdiction of justices of the peace, including applications for refusal to hire, discrimination in labor relations, transfer to another job with the same employer. That is, the criterion for referring is whether a person has an intention to enter into an employment relationship, as well as an employment relationship between an employee and an employer.

Subordination of courts of general jurisdiction consideration of applications for invalidation of subordinate normative legal acts of the federal level, as well as normative legal acts of the constituent entities of the Russian Federation, with the exception of their charters and constitutions. The listed legal acts can be checked by a court of general jurisdiction for their compliance with the higher legislation in terms of legal force, in particular federal laws.

An appeal against local regulatory legal acts, as well as regulatory legal acts of local self-government bodies, takes place in the district (city) court at the location of the employer or the local self-government body that issued such an act.

Consideration of applications for invalidation of regulatory legal acts of the constituent entities of the Russian Federation falls within the competence of the court of the constituent entity of the Russian Federation that adopted such an act. On cassation, the decision is appealed to the Supreme Court of the Russian Federation.

In accordance with the FKZ "On the Constitutional Court of the Russian Federation", its jurisdiction includes complaints from citizens about violation of constitutional rights and freedoms if they are violated by the law of the federal or regional level, as well as regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, which are applied in a particular case. This applies to the rights and freedoms in the labor sphere, which follow from the content of the Constitution of the Russian Federation.

Applications for verifying the compliance of regulatory legal acts of the constituent entities of the Russian Federation with the provisions of their statutes or constitutions may be considered by statutory or constitutional courts of the constituent entities of the Russian Federation, where such judicial bodies are created.

For the resolution of applications in the world of work, interested persons can apply to the European Court of Human Rights. Such an appeal can take place within six months from the date of the cassation ruling on the upholding of the court decision, which allowed the application in the field of labor relations.

80. Labor dispute commissions: formation procedure, competence. The procedure for considering labor disputes in the CCC. Appealing and enforcing decisions of the CCC.

Labor dispute commissions are formed on the initiative of employees (representative body of employees) and (or) employer (organization, individual entrepreneur) from an equal number of representatives of employees and the employer. The employer and the representative body of workers who have received a proposal in writing to establish a labor dispute commission are obliged to send their representatives to the commission within ten days.

By decision of the general meeting of employees, labor dispute commissions may be formed in the structural divisions of the organization. In the labor dispute commissions of structural divisions of organizations, individual labor disputes within the powers of these divisions may be considered.

Representatives of the employer to the labor dispute committee are appointed by the head of the organization, the employer is an individual entrepreneur. Employee representatives to the labor dispute committee are elected by the general meeting (conference) of employees or delegated by the representative body of employees with subsequent approval at the general meeting (conference) of employees.

The Labor Disputes Commission elects from among its members the chairman, deputy chairman and secretary of the commission.

An individual labor dispute is considered by the labor dispute committee if the employee, independently or with the participation of his representative, has not settled the disagreement in direct negotiations with the employer.

An employee's application to the labor dispute committee is subject to mandatory registration.

The Labor Dispute Commission is obliged to consider an individual labor dispute within 10 calendar days from the date the employee submits an application.

The dispute is considered in the presence of the employee who submitted the application, or his authorized representative. Consideration of a dispute in the absence of an employee or his representative is allowed only upon a written application from the employee. If the employee or his representative fails to appear at the meeting of the said commission, the consideration of the labor dispute is postponed. In the case of a second failure to appear without good reason, the commission may make a decision to remove the issue from consideration, which does not deprive the employee of the right to reapply for the consideration of the labor dispute.

The Labor Dispute Commission has the right to summon witnesses to the meeting and invite specialists. At the request of the commission, the employer (his representatives) is obliged to submit the necessary documents to it within the time period established by the commission.

A meeting of a labor dispute committee shall be deemed competent if attended by at least half of the members representing the employees and at least half of the members representing the employer.

At a meeting of the labor dispute commission, a protocol is kept, which is signed by the chairman of the commission or his deputy and certified by the seal of the commission.

The decision of the labor dispute committee is subject to execution within three days after the expiration of the ten days provided for the appeal.

In case of non-execution of the decision of the labor dispute commission within the prescribed period, the said commission issues a certificate to the employee, which is an executive document. An employee can apply for a certificate within one month from the date of the decision by the labor dispute committee. If the employee misses the specified period for valid reasons, the labor dispute committee may restore this period. The certificate is not issued if the employee or employer has filed an application within the prescribed time limit to bring the labor dispute to court.

On the basis of a certificate issued by the labor dispute commission and presented no later than three months from the date of its receipt, the bailiff enforces the decision of the labor dispute commission.

If the employee misses the established three-month period for valid reasons, the labor dispute committee that issued the certificate may restore this period.

If the individual labor dispute is not considered by the labor dispute commission within ten days, the employee has the right to postpone its consideration to the court.

The decision of the labor dispute commission may be appealed by the employee or the employer to the court within ten days from the date of delivery of a copy of the commission's decision.

In case of missing the established period for valid reasons, the court may restore this period and consider the individual labor dispute on the merits.

81. Legal consequences of illegal dismissal and transfer of an employee. Forced truancy. Meeting the employee's monetary requirements.

If the dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute.

This Authority decides on the payment of the average earnings to the employee for the entire period of forced absence or the difference in earnings for the entire period of performance of lower-paid work.

At the request of the employee, the body considering an individual labor dispute may limit itself to making a decision on the recovery of compensation in favor of the employee.

If the dismissal is recognized as illegal, the body considering the individual labor dispute may, at the request of the employee, make a decision to change the wording of the grounds for dismissal for dismissal of his own free will.

If the wording of the grounds and (or) the reason for dismissal is recognized as incorrect or not in accordance with the law, the court considering an individual labor dispute is obliged to change it and indicate in the decision the basis and reason for dismissal in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law with reference to the relevant article , part of the article, clause of the article of the Labor Code of the Russian Federation or other federal law.

If the dismissal is declared illegal, and the term of the employment contract has expired at the time the dispute is being considered by the court, then the court considering the individual labor dispute is obliged to change the wording of the grounds for dismissal for dismissal after the expiration of the term of the employment contract.

If the court makes a decision not on the reinstatement of the employee, but on changing the wording of the grounds for dismissal, then the date of dismissal must be changed to the date of the decision by the court.

If the incorrect wording of the grounds and (or) the reasons for dismissal in the work book prevented the employee from entering another job, then the court decides to pay the employee the average earnings for the entire period of the forced absence.

In cases of dismissal without a legal basis or in violation of the established procedure for dismissal or illegal transfer to another job, the court may, at the request of the employee, make a decision to recover in favor of the employee monetary compensation for moral damage caused to him by these actions. The amount of this compensation is determined by the court.

If the body considering an individual labor dispute recognizes the employee's monetary claims as justified, they are satisfied in full.
The decision to reinstate an unlawfully dismissed employee at work, to reinstate an employee who was illegally transferred to another job at his previous job shall be subject to immediate execution. If the employer delays in the execution of such a decision, the body that made the decision shall issue a ruling on payment to the employee for the entire delay in the execution of the decision, the average earnings or the difference in earnings.

FORCED TRANSPORT - the time during which the employee was not able to work due to the fault of the employer. The reasons for forced absenteeism may be:

• dismissal or transfer; illegal refusal to hire an employee or untimely conclusion of an employment contract with him; delay in the execution of a decision to reinstate an employee who was illegally dismissed or transferred to another job, adopted by the labor dispute resolution body, subject to immediate execution;

· Incorrect or inconsistent with the current legislation the wording of the reason for the dismissal of the employee, which deprived him of the opportunity to go to work in another organization;

· Delay in issuing a work book to an employee through the fault of the employer.

V. p. Time is included in the continuous length of service and experience, giving the right to leave.

For the entire time of the labor dispute, by the decision of the body considering the labor dispute, the employee is paid the average earnings, calculated in the prescribed manner. When the average earnings are collected in favor of an employee reinstated in their previous job, or in the event that his dismissal is recognized as illegal, the severance pay paid to him is subject to offset. Also credited are wages for work in another organization and benefits for temporary incapacity for work paid to the employee within the period of paid wages.

82. The concept and basis for the emergence of collective labor disputes. The procedure for resolving collective labor disputes.

Collective labor dispute - unresolved disagreements between employees and employers regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body of employees when adopting local regulations. Employees and their representatives have the right to put forward demands.

Requirements put forward by employees are approved at the appropriate meeting of employees, set out in writing and sent to the employer.

Representatives of employers are obliged to accept for consideration the requirements of trade unions sent to them and inform in writing about the decision taken within one month from the date of receipt of these requirements.

The procedure for resolving a collective labor dispute consists of the following stages:

Consideration of a collective labor dispute by a conciliation commission,

Consideration of a collective labor dispute with the participation of a mediator and (or)

· In labor arbitration.

Consideration of a collective labor dispute by a conciliation commission is a mandatory step.

Neither party to the collective labor dispute has the right to evade participation in conciliation procedures.

The representatives of the parties, the conciliation commission, the mediator, labor arbitration, the state body for the settlement of collective labor disputes are obliged to use all the possibilities provided by law to resolve the arisen collective labor dispute.

If necessary, the terms provided for the conduct of conciliation procedures may be extended by agreement of the parties to the collective labor dispute.

The conciliation commission is created within three working days from the date of the beginning of the collective labor dispute.

It is formed from representatives of the parties to a collective labor dispute on an equal basis. The parties to a collective labor dispute have no right to evade the establishment of a conciliation commission and participation in its work.

A collective labor dispute must be considered by a conciliation commission within five working days from the date of issuance of the relevant acts on its creation. The specified period may be extended by mutual agreement of the parties. The decision to extend the term is drawn up in a protocol.

The decision of the conciliation commission is made by agreement of the parties to the collective labor dispute, is drawn up in a protocol, is binding on the parties to this dispute and is executed in the manner and timeframe established by the decision of the conciliation commission.

If an agreement is not reached in the conciliation commission, the parties to the collective labor dispute begin negotiations on inviting a mediator and (or) creating a labor arbitration. After the conciliation commission has drawn up a protocol of disagreements, the parties to a collective labor dispute may invite a mediator within three working days. If within three working days no agreement is reached on the candidacy of a mediator, then they begin negotiations on the creation of a labor arbitration.

Labor arbitration is a temporary body for the consideration of a collective labor dispute, which is created if the parties to this dispute have entered into a written agreement on the mandatory implementation of its decisions.

Created no later than three working days from the date of the end of the consideration of a collective labor dispute by a conciliation commission or mediator. A collective labor dispute is considered in labor arbitration with the participation of representatives of the parties to this dispute within up to five working days from the date of its creation.

The decision of the labor arbitration tribunal for the settlement of the collective labor dispute shall be transmitted to the parties to this dispute in writing.

83. Legal regulation of a strike: concept, procedure for its conduct. Guarantees to employees in connection with the strike. Restriction of the right to strike. Illegal strikes and the consequences of their holding.

Strike - temporary voluntary refusal of employees to perform their labor duties in order to resolve a collective labor dispute.

Participation in a strike is voluntary. No one can be forced to participate or refuse to participate in a strike.

Persons forcing employees to participate or refuse to participate in a strike are subject to disciplinary, administrative and criminal liability. The employer's representatives are not entitled to organize a strike or take part in it.

The decision to declare a strike is taken by a meeting of employees of the organization at the suggestion of the representative body of employees, previously authorized by them to resolve a collective labor dispute. The decision on the participation of employees of this employer in a strike announced by the trade union is made by the meeting of employees of this employer without conciliation procedures.

The employer must be notified in writing of the beginning of an upcoming strike no later than ten calendar days in advance.

The employer shall warn the relevant state body for the settlement of collective labor disputes about the forthcoming strike.

The strike is headed by a representative body of workers.

The body leading the strike has the right to suspend the strike. The employer must be notified of the resumption of the strike at least three working days in advance.

An employee's participation in a strike is not considered a violation of labor discipline. It is prohibited to apply disciplinary measures to employees participating in a strike, except in cases where these strikes are illegal. During the strike, the workers participating in it retain their place of work and position. The employer has the right not to pay wages to employees for the period of their participation in the strike, with the exception of employees engaged in the mandatory minimum work.

Employees who do not participate in the strike, but in connection with its holding were not able to perform their work and who stated in writing about the beginning of the downtime in connection with this, the downtime payment through no fault of the employee is made in the manner and amount provided for by the Labor Code of the Russian Federation. The employer has the right to transfer these employees to another job.

A strike in the presence of a collective labor dispute is illegal if it was announced without taking into account the terms, procedures and requirements provided for by the Labor Code of the Russian Federation. The decision to declare a strike illegal is made by the supreme courts of the republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous okrugs at the request of the employer or the prosecutor.

The decision of the court is brought to the attention of the workers through the body leading the strike, which is obliged to immediately inform the participants in the strike of the decision of the court.

Strikes are illegal and not allowed:

a) during periods of emergency

b) in organizations directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, aviation, railway and water transport, communications, hospitals), in the event that strikes pose a threat to the country's defense and state security, life and human health.

A court decision on declaring the strike illegal, which has entered into legal force, is subject to immediate execution. Employees are obliged to end the strike and start work no later than the next day after the delivery of a copy of the said court decision to the body leading the strike.

84. Features of the regulation of the labor of women, persons with family responsibilities.

Women's labor is limited to work with harmful and or hazardous working conditions, underground work (excl: non-physical work, work on sanitary and domestic services).

It is forbidden to do work related to lifting and manually moving weights that exceed the maximum permissible norms for them.

For pregnant women, at their request, in accordance with a medical report, production rates are reduced or transferred to another job that excludes the influence of adverse factors, while maintaining the average earnings from the previous job.

Prior to the provision of such work, she is subject to release from work with the preservation of the average earnings for all work days missed as a result.

Women with children under the age of one and a half years, in case of impossibility of performing the previous work, are transferred upon their application to another job with remuneration for the work performed, but not lower than the average earnings for the previous work until the child reaches the age of one and a half years.

Women, upon their application and on the basis of a certificate of incapacity for work, are granted maternity leave.

The leave is granted completely regardless of the number of days she used before delivery.

At the request of the woman, she is granted parental leave until the child reaches the age of three.

For the period of vacation, the employee retains his place of work.

Holidays are counted in the total and continuous work experience.

At their request, parental leave is granted until the child reaches the age of 3 years.

Working women with children under the age of one and a half years, in addition to a break for rest and meals, additional breaks for feeding the child at least every three hours, each lasting at least 30 minutes.

Pregnant women are prohibited from being sent on business trips, overtime work, night work, weekends and non-working holidays. For women with children under the age of 3, disabled children, with their written consent, must be informed in writing of their right to refuse this.

Before or after maternity leave, or at the end of parental leave, a woman is granted annual paid leave at her request.

Termination of an employment contract at the initiative of the employer with a pregnant woman is not allowed, except for the liquidation of the organization or the termination of activities by an individual entrepreneur.

In the event of the expiration of a fixed-term employment contract, the employer is obliged, upon her written application and upon providing a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of pregnancy, or maternity leave.

You can be dismissed due to the expiration of the employment contract during pregnancy, if the employment contract was concluded for the duration of the duties and it is impossible, with the written consent of the woman, to transfer her to another job available to the employer, which the woman can perform taking into account her state of health.

One of the parents for caring for disabled children, upon his written application, is provided with 4 additional paid days off per month, which can be used by one of the indicated persons or shared by them among themselves at their discretion.

One of the parents raising a disabled child under the age of 18 is granted annual paid leave at his request at a time convenient for him.

For an employee with 2 or more children under the age of 14, a single mother or father raising a child under the age of 14, an employee with a disabled child under the age of 18, a collective agreement may establish additional annual leaves without pay for a duration up to 14 calendar days. And can be attached to annual paid leave. Transfer of this leave to the next working year is not allowed.

85. Features of labor regulation of employees under the age of 18.

The specifics of employment of persons under the age of 18 are determined by labor legislation, collective agreement, and agreement.

Persons under the age of 18 are hired only after a preliminary compulsory medical examination and under 18, are annually subject to a compulsory medical examination at the expense of the employer.

It is prohibited to use labor of persons under the age of 18 at work with harmful and hazardous working conditions, in underground work, work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs, production, transportation and trade alcoholic beverages, tobacco products).

It is forbidden for workers under the age of 18 to carry and move heavy weights that exceed the limits established for them.

The main annual paid vacation is 31 calendar days at a convenient time.

It is prohibited to send employees on business trips, engage in overtime work, on weekends and non-working holidays, work at night for employees under the age of 18 (with the exception of creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations , circuses and other persons involved in the creation and (or) performance (display) of works).

The production rates are established on the basis of the general production rates in proportion to the shortened working hours established for these workers.

For employees under the age of eighteen who enter work after receiving a general education or secondary vocational education, as well as those who have completed vocational training in production, reduced production rates may be established.

With time-based wages, wages are paid to employees under the age of eighteen, taking into account the reduced duration of work. The employer can, at his own expense, make additional payments to them up to the level of remuneration of employees of the corresponding categories with the full duration of daily work.

Remuneration for employees under the age of 18 working in their free time from school is made in proportion to the hours worked or depending on the output. The employer can establish additional payments to wages at their own expense.

Termination of an employment contract on the initiative of the employer (except in the case of liquidation of an organization or the termination of activities by an individual entrepreneur), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission for minors and the protection of their rights.

86. Features of labor regulation of employees working for employers - individuals.

When concluding an employment contract, all conditions essential for the employee and for the employer must be included in it.

An employer who is an individual must:

· To issue an employment contract with an employee in writing;

· To issue insurance certificates of state pension insurance for persons entering work for the first time;

· Pay insurance premiums and other mandatory payments;

An employer who is an individual who is not an individual entrepreneur is also obliged to register an employment contract with an employee in a notification procedure with the local government body at his place of residence.

By agreement of the parties, an employment contract between an employee and an employer - an individual who is not an individual entrepreneur, may be concluded for an indefinite and for a specified period.

An employer who is an individual who is an individual entrepreneur is obliged to keep work books for each employee.

An employer who is an individual who is not an individual entrepreneur does not have the right to make entries in the work books of employees and to issue work books for employees who are hired for the first time. The document confirming the period of work with such an employer is an employment contract concluded in writing.

The working hours, the procedure for granting days off and annual paid vacations are determined by agreement. The duration of a working week cannot be longer, and vacations are less than those established by the Labor Code of the Russian Federation.

An individual employer shall notify the employee in writing about changes in the terms of the employment contract at least 14 calendar days in advance. At the same time, an employer - an individual who is an individual entrepreneur, has the right to change the terms of the employment contract determined by the parties only if these conditions cannot be maintained for reasons related to changes in the organizational or technological working conditions.

Individual labor disputes that are not settled by an employee and an employer - an individual who is not an individual entrepreneur, are independently considered in court.

In addition to the grounds provided for by the Labor Code, an employment contract with an employee working for an employer who is an individual may be terminated on the grounds provided for by the employment contract.

The terms of notice of dismissal, as well as the cases and amounts of severance pay and other compensation payments paid upon termination of the employment contract are determined by the employment contract.

An employer who is an individual who is not an individual entrepreneur, upon termination of an employment contract with an employee, is obliged to register the fact of termination of the specified contract with the local government in which this employment contract was registered in a notification procedure.

In the event of the death of an employer - an individual who is not an individual entrepreneur, or the absence of information about his place of residence within two months, in other cases that do not allow the continuation of labor relations and exclude the possibility of registering the fact of termination of the employment contract, the employee has the right to apply within one month to the local government body in which the employment contract was registered to register the fact of termination of this employment contract.

87. Features of labor regulation of the organization's leaders.

The head of an organization is an individual who manages this organization, including performing the functions of its sole executive body.

If a fixed-term employment contract is concluded with the head of the organization, the term of this contract is determined by the constituent documents of the organization or by agreement of the parties.

A competition can be held, and a leader can be elected or appointed to the position.

An employment contract with the head of a state (municipal) institution is concluded on the basis of a standard form of an employment contract, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

A person applying for the position of head of a state (municipal) institution and the head of a state (municipal) institution (annually) are required to submit information about their income, property and property obligations to themselves, spouse or spouse and minor children.

The employment contract is terminated on the following grounds (in addition to general)

1) in connection with the removal from office of the head of the organization - the debtor in accordance with the legislation on insolvency (bankruptcy);

2) in connection with the adoption by the authorized body of a legal entity, either by the owner of the organization's property, or by the person (body) authorized by the owner of the decision to terminate employment

Give the concept of material responsibility of the parties to the employment contract. List the types of material liability of the employee and employer. Describe the procedure for bringing an employee to financial responsibility for damage caused to the employer.

Material liability of the employee for damage caused to the employer - this is the employee's obligation to compensate, within the limits and procedure established by law, for damage caused through his fault to the employer with whom he has an employment relationship.

Limited liability;

Full financial responsibility.

Limited liability may occur if they are established by the Labor Code, collective agreements, agreements.

Limited liability is borne by:

1) employees - in the amount of damage caused through their fault, but not more than their average monthly earnings for damage or negligent destruction of materials, semi-finished products, products (products), including during their manufacture, as well as for damage or destruction through negligence of tools , measuring instruments, special clothing and other items issued by the employer to the employee for use for the implementation of the labor process;

2) heads of organizations, their deputies, heads of structural divisions and their deputies - in the amount of damage caused through their fault, but not more than three times the average monthly salary, if the damage is caused by improper accounting and storage of material or monetary values, failure to take necessary measures to prevent downtime or release of substandard products.

Full material responsibility occurs if no exceptions are made from the general rule on full liability, as well as in accordance with Art. 404 TC.

Full financial liability on the basis of a special written contract (Clause 1 of Art. 404 of the Labor Code) occurs when a written agreement is concluded between the employee and the employer on the employee taking full financial responsibility for failure to ensure the safety of property and other valuables transferred to him for storage or for other purposes.

Written agreements on full material liability may be concluded by the employer with employees who have reached eighteen years of age, holding positions or performing work directly related to storage, processing, sale (vacation), transportation or use of the values \u200b\u200btransferred to them in the production process.

An indicative list of such positions and jobs, as well as an indicative agreement on full individual financial responsibility, are approved by the Government of the Republic of Belarus. Taking into account the approximate list, the employer has the right on the basis of a collective agreement, and in the absence of one, independently approve an approximate list of positions and jobs replaced or performed by employees, with whom written agreements on full individual material liability may be concluded.

When considering disputes arising in connection with the application of disciplinary measures to employees who have refused to conclude an agreement on full liability for the safety of material assets, it is necessary to proceed from the terms of the employment contract.

If the fulfillment of duties for the maintenance of material assets constitutes for the employee his main labor function, which is stipulated when hiring, then in accordance with the current legislation, an agreement on full material liability can be concluded with him. Refusal to conclude such an agreement without good reason is considered as a failure to perform labor duties with all the ensuing consequences. In case of refusal to conclude a contract for valid reasons, the employer is obliged to offer the employee another job.

If the conclusion of an agreement on full liability was not stipulated when hiring, then the employee must be warned about the need to conclude a written agreement on full liability not later than 1 month in advance. If he refuses to continue working in the new conditions, he may be dismissed under paragraph 5 of Art. 35 TC.

Conditions for establishing collective responsibility:

The work stipulated by the relevant List is performed by employees jointly;

It is impossible to differentiate the material responsibility of each employee on the basis of an agreement on individual material responsibility;

Each of the employees has reached the age of 18.

Team members are exempt from damages if:

It has been established that the damage was caused through no fault of theirs;

The specific perpetrators of the damage are known from among the members of this team;

Full financial responsibility for property and other valuables received under the report under a one-time power of attorney or other one-time documents (clause 2 of article 404 of the Labor Code).

The circle of persons to whom powers of attorney or other one-time documents for obtaining property or other valuables may be issued is not legally defined. Frequently, forwarders, chauffeurs, caretakers, suppliers and other persons are involved in such operations.

The peculiarities of receiving material assets under a one-time power of attorney or other one-time documents is that the employee receives them not for storage, but, as a rule, for performing any one-time operations (for example, receiving goods and delivering them to the organization). The employee is responsible for property or valuables that appear in the issued and duly executed one-time document.

A one-time power of attorney or other documents for performing transactions with material assets can be issued only to persons working for this employer. The refusal of an employee to receive material values \u200b\u200baccording to one-time documents for performing operations that are not included in the scope of his duties is not a violation of labor discipline, since it is possible to impose full financial responsibility on the employee only with his consent.

A person who has received a power of attorney signed by the head and the chief accountant or persons authorized by them is obliged, no later than the next day after receiving the valuables, regardless of whether they were received by power of attorney in whole or in part, to submit to the company's accounting department documents on the execution of the order and on delivery to the warehouse or the corresponding person of the received values.

It is not forbidden to issue valuables under a one-time power of attorney or other one-time documents to persons under 18 years of age.

According to paragraph 3 of Art. 404 of the Labor Code, an employee bears full financial responsibility for damage caused by his actions containing signs of acts that are prosecuted in a criminal procedure... Evidence confirming the commission of such an act must be established in the course of criminal proceedings by a court verdict or a decision of the investigating authorities.

Material liability in the full amount of the damage caused is imposed also if it was caused by actions containing signs of crime, but the employee was released from criminal liability due to the expiration of the statute of limitations for criminal prosecution or an act of amnesty, as well as if the criminal proceedings were terminated in connection with bringing to administrative responsibility.

When a court delivers an acquittal for lack of corpus delicti, as well as when a criminal case is terminated on this basis at the stage of preliminary investigation, an employee cannot be held liable under paragraph 3 of Art. 404 of the Labor Code, which does not exclude full liability under other provisions of Art. 404 TC.

When brought to full liability under paragraph 3 of Art. 404 of the Labor Code, the court has the right to impose joint and several liability on the defendants if it is established that the damage was caused by joint deliberate actions of several employees. Joint and several financial liability does not come for persons who, although convicted in one case, but for independent crimes, as well as for persons, some of whom were convicted of intentional crimes, and others for those committed through negligence.

Full financial liability associated with damage to an employee who was in a state of alcoholic, drug or toxic intoxication (clause 4 of article 404 of the Labor Code).

The proof of the fact that the employee is intoxicated is a medical report, an act, a protocol. These documents must be drawn up on the day the employee appears in a drunken state. However, the absence of documents does not deprive the court of the right to question witnesses, if necessary.

Full liability in connection with damage caused by shortage, deliberate destruction or deliberate damage to materials, semi-finished products, products (products), including during their manufacture, as well as tools, measuring devices, special clothing and other items issued by the employer to the employee in use for labor (clause 5 of article 404 of the Labor Code).

The main difference from liability under clause 5 of Art. 404 of the Labor Code from liability under clause 1 of Art. 403 TC is in the form of guilt. In the second case, liability arises in the event of damage or destruction of property through negligence, and in the first case - in case of shortage, as well as deliberate destruction or deliberate damage to the same property.

Full financial liability for damage caused not in the performance of labor duties (Clause 6 of Art. 404 of the Labor Code) occurs when the offense is committed during free time from work or during working hours, but the employee does not fulfill his labor duties. In this case, the guilty person shall compensate the damage in full, including income not received by the employer, with the application of the norms of civil law.

For example, while using the car of the employer for personal purposes, the employee made an accident, thereby causing damage. The guilty person shall reimburse the damage in full, including the income not received by the employer from the use of the specified technical means.

»Types of material production

Types of material production

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Social production is the way people live together, allowing them to inherit and create history; the process of purposeful human activity.

Functions of social production:

1. Reproduction of material conditions of existence.
2. The production of social connections and relationships.
3. Production of ideas (ideologies) and spiritual values, symbols, signs.
4. The production of people themselves as social individuals.

The concept of "social production" reveals the social course of the history of society. A person in the process of life produces social circumstances that produce him.

To survive, people united in a circumstance are forced to perform a number of elementary functions:

A) economic;
b) control over violence;
c) the development of knowledge;
d) development of the ability to self-restraint and movement.

At each historical stage of its development, society performed these functions in different ways. However, it is in the process of the historical development of people who carry out the process of social production, as its result, was the social division of labor.

The main types of social production:

1) material production;
2) spiritual production, intangible.

Some groups of people produce material products (workers), others - ideal (scientists, engineers, musicians). At the same time, the ideal is present in the product of material production. Let's say a worker building a bridge implements a project (plan), which is the result of an engineer. Consequently, material and spiritual production are closely related to each other and are a dialectical unity.

Material production (material sphere) - is a set of branches of material production that produce or bring material goods to the consumer. Material production is the process of creating material goods.

Its role boils down to the following:

1. Material production ensures the existence of society and the functioning of all spheres (social, spiritual, organizational, etc.).
2. Material production directly determines the development of the social structure of society (the existence of classes, social groups, strata).
3. Material production (mode of production) determines the content and direction of political processes taking place in society.
4. Material production ensures the existence and development of the spiritual sphere both in the material plane (construction of buildings for theaters, cinemas, philharmonic halls, libraries, printing houses, etc.), and in the directly spiritual (development of art, science, religion, morality).

Material production (a method of producing material goods) has two sides:

A) productive forces,
b) industrial relations.

The productive forces are:

First, people with their knowledge, skills and abilities to work;
- secondly, the means of production (tools of labor, raw materials and materials, transport, buildings, structures with the help of which production is carried out).

Production relations are relations between people that develop in the production process. They include:

A) relations of ownership of the means of production. Depending on the nature of property (private, collective, state), the owners of enterprises can be individuals, various collectives, states and mixed forms of ownership;
b) the relationship of the exchange of activities between people on the basis of the existing division of labor (engineer, doctor, teacher, farmer, etc.)
c) relations that develop during the distribution of the created material wealth.

Thus, production relations act as relations between people about:

Production;
distribution;
exchange;
consumption of material goods.

The main link in production relations is the ownership of the means of production and its products (economic resources). A change in the property relation inevitably entails a change and transformation of other links of production relations. This leads to a change in the social nature of the mode of production and to a change in the face of the entire society.