The basic rights and obligations of the employee. What are the basic rights and responsibilities of an employee? The right to perform only those work and duties that are described in the employment contract

Any citizen should know his rights and obligations, demand the fulfillment of the first and strictly adhere to the second. With regard to such a category as employers, since they affect an even larger category - employees, then knowledge of all the rights and obligations associated with the onset of labor relations is necessary for both parties.

Legislative regulation

All labor relations are under the jurisdiction of the Labor Code of the Russian Federation. The rights and obligations of the employer, as a party to labor legal relations, include the materials of Art. 22. The text of the article contains a list of the employer's powers, which is very convenient for practical application. And in case of violation of rights or non-fulfillment of prescribed obligations, it is easy to trace the legislative basis for protecting your interests.

IMPORTANT! The list is quite complete, but not exhaustive, the article explains, within the framework of which the employer's obligations arise and how his rights are limited.

Obligations of the employer

The responsibilities of the employer can be divided into groups depending on who these obligations come to.

What the employer is obliged to do as a subject of legal relations

As a party to labor law, the employer must comply and fulfill the following obligations:

Strictly follow the labor legislation currently in force in the country.
Comply with the norms prescribed in various labor regulations:
- regulations;
- local documents;
- federal laws, regional and municipal regulations;
- collective agreements;
- individual labor contracts;
- additional agreements.

Obligations of the employer to state regulatory authorities

These duties cannot be attributed to those that arise directly before the workers, however, their observance is aimed at organizing the favorable work of hired personnel. So, the employer in relation to the management and control bodies is obliged to comply with all the instructions issued by the federal executive authorities exercising state supervision and control over the proper execution of the norms of the Labor Code of the Russian Federation.

Obligations of the employer to its employees

By hiring employees, the employer assumes a fairly large number of obligations. There are many of them for the reason that they must guarantee the observance of the rights of employees, which are also enshrined in the Labor Code of the Russian Federation (Article 21). They can be reduced to several groups, differing in the principle of the actions taken:

duties related to compliance with the norms of the Labor Code in relation to employees;
responsibilities related to the organization, labor protection and remuneration;
duties governing the execution of working documentation;
responsibilities to ensure work with everything necessary.

Consider some of the obligations of the person providing the job, listed in the corresponding list from Art. 22 of the Labor Code of the Russian Federation.

The employer must provide the hired employees with the work specified in the concluded agreements.
By providing an opportunity for work, the employer is obliged to provide a workplace, equipment, materials, raw materials, special documentation, tools and other factors that will be necessary for full-fledged activities under the labor agreement.
The organized conditions and principles of compliance with labor safety must meet the requirements established in labor legislation for this industry.
Pay for work of equal value must be equal.
Differences in pay should be due to objective factors provided for by the Labor Code of the Russian Federation: qualifications, employee experience, level of job duties, their number, etc.
Payment of remuneration for labor must be made within the terms established by the collective agreement or individual agreements, if they do not contradict the requirements of the Labor Code of the Russian Federation.
Employees should be provided with rest as a break for eating, weekends in accordance with regulations, annual vacations, etc.
For the categories of workers provided for by law, a special working regime must be ensured: for example, reduced working hours, lightened work, etc.
Local acts adopted at the enterprise must be brought to the attention of the personnel, which is confirmed by the personal signature of each employee on familiarization with them.
The employee must be registered in accordance with the requirements of the law, therefore, the employer's duty is to conclude an employment contract with him.
The conclusion of a collective agreement and collective bargaining also rests on the shoulders of the employer.
If violations of the organization of labor and its safety are revealed, or the employee has declared this, the employer must necessarily consider these problems and take the necessary measures to eliminate them.
In the event of harm to the employee through the fault of the employer, the latter is obliged to reimburse the treatment, as well as compensation for moral damage (within the framework of the Labor Code of the Russian Federation).
It is imperative that an employer provides social security for all of its employees.

NOTE! Failure to comply with their obligations for the employer is fraught with an administrative penalty - a fine. Penalties are provided for by the Labor Code of the Russian Federation, as well as the Tax Code and sometimes the Civil Code of the Russian Federation.

The most serious violations of their duties can deprive the employer of the right to work and occupy certain positions for one period or another.

What the employer is entitled to

The employer's rights apply to a number of actions related to the following labor issues:

various actions aimed at the dynamics of labor contracts: conclusion, amendment, termination, renewal;
collective agreements and actions related to collective relations;
incentives for employees;
ensuring the responsibility of working personnel;
all actions related to internal regulations.

In Art. 22 contains a list of employer rights (also detailed, but not exhaustive).

The employer has the right to keep the relevant documentation - employment contracts, local acts, collective agreements, regulations, etc.
The employer is allowed to reward employees in any way for the proper performance of labor obligations.
For non-compliance with the requirements of the Labor Code of the Russian Federation and the rules stipulated by the internal documentation, the employer has the right to hold his employees accountable as provided by law.
The employer's legal right is to require personnel to respect the company's property, equipment, materials, etc., as well as to strictly adhere to the established rules of labor safety and technological processes.
An employer can be a creator or a member of any associations acting to protect the interests of this category.

NOTE! Like an employee, the employer is also protected by law to guarantee that his rights are respected, and in case of violation he can apply to defend his interests in court.

The main document describing the rights and obligations of an employee and other participants in labor relations on the territory of Russia is the Labor Code, which has been in force in our country since 2002. Its predecessor was the Labor Code, which was applied from 1971 to 2001. In connection with the split of the USSR and the change in the state structure of the Russian Federation in the last decade of the twentieth century, the set of labor laws, created back in Soviet times, did not correspond to modern life, therefore the government of the country adopted a new document, which we use to this day (with amendments).

In the Labor Code of the Russian Federation, any citizen can find answers to questions about what the employer and employees should do in certain situations, what are the procedure for paying wages, the mode of work and rest, how to conclude and terminate an employment contract, when you can and should contact the commission on labor disputes. Each person is one of the parties to labor relations, so everyone needs to study the Labor Code of the Russian Federation. The basic rights and obligations of the employee are set out in Art. 21 of the said code. In addition to the Labor Code, there are other documents regulating the relationship between the employer and employees.

These include the Constitution of the Russian Federation, federal laws, decrees, decrees, other regulations, internal labor regulations at an enterprise, in an institution or at an individual entrepreneur, labor and collective contracts, an agreement on full liability, job descriptions, etc. of the Labor Code of the Russian Federation created in accordance with the Constitution, and all other documents relating to the relationship between the employee and the employer are based on the code and cannot contradict it.

What is an employee entitled to?

Every person who is an employee of an organization or individual entrepreneur or who is hired in the near future must know exactly and always remember about his legal rights:

signing, changing and terminating an employment contract is possible only in the cases and under the circumstances prescribed in the Labor Code of Russia;
the employee is required to perform only those functions that are set out in his job description;
receiving wages 2 times a month;
standardized working day;
may take regular, administrative or study leave;
the right to training and professional development;
have a workplace that meets labor protection standards and the needs of the employee;
the right to compulsory social insurance;
compensation for damage received in the performance of official duties;
protection of their interests and rights in any way that does not contradict the current legislation;
participation in the preparation and signing of a collective agreement.

When applying for a job, a person signs an employment agreement and job description. Nobody has the right to force an employee to do something that is not included in his duties, and even more so to punish him for refusing to do it. Working hours for people working in shifts is 165 hours per month, for other categories of workers - 40 hours per week, for part-time workers - 20 hours per week.

Every employee is entitled to annual paid leave of 28 days per year. After he has worked in an organization or with an individual entrepreneur for six months, he can use 14 days. A paid educational leave is granted to a citizen if he brings the employer a certificate-call from the educational institution. If you receive a second higher education, then you are not entitled to such a vacation.

The workplace of a person should be equipped with everything that he needs to perform his duties. If he is an excavator, then it is necessary to provide him with a shovel so that he can work. If something happened to the employee at the workplace through the fault of the employer, then the latter must compensate the victim for the damage. For example, a chandelier fell on the cashier directly at the checkout, as a result of which he was injured.

Any person has the right to defend their interests and defend labor rights independently, with the involvement of trade unions, labor dispute commissions, law enforcement agencies or the court.

What is the employee obligated to do?

When applying for a job, a citizen must know and fulfill all the duties assigned to him in the Labor Code of Russia, namely:

perform on time and in full all the functions specified in the contract and job description;
comply with the internal rules of the organization or individual entrepreneur;
not violate labor discipline;
comply with labor protection requirements and not take actions that are dangerous to the health of others;
not to spoil the property of the employer;
keep commercial, state and other types of secrets;
inform management about emergencies.

Each employee must perform his work with high quality, for which he receives a salary. He cannot refuse to fulfill it without good reason. For example, a senior manager has to make a report on sales every Monday and pass it on to the manager, but one day he could not do this, because the electricity was cut off for the whole day.

The working day in different organizations is different: from 8:00 to 17:00, from 9:00 to 18:00, from 10:00 to 19:00, including lunch for 1 hour. An employee should be at his workplace during the work of the organization, and not when it is convenient for him. Many firms have a dress code, that is, rules governing the employee's appearance. They also need to be observed.

What is prohibited for an employee to do?

Being late, not showing up, appearing at the workplace while intoxicated, failure to fulfill their legal duties are recognized as a violation of labor discipline and are punished in accordance with the Labor Code of the Russian Federation. Each employee must protect the property of the employer, even if he is not a financially responsible person.

The rights and obligations of an employee are a topic that every person should be aware of, since it concerns all of us or will ever concern us.

Definition

Before listing the rights and obligations of an employee, it is necessary to initially define both the term and the topic itself. So, an employee is a subject of labor law, an individual who works under an employment contract with an employer, who receives a salary for this. Its legal status is determined by labor law and, in addition, by Collective and Labor Agreements. firms also determine the legal status of employees. Every worker is obliged to comply with the requirements prescribed by the Labor Law.

What can you claim?

And now directly about the rights and obligations of the employee. Every worker can conclude, amend and terminate an employment contract. But only in accordance with the conditions provided by law. He also has the right to receive a salary corresponding to his work. That is, the efforts made should be paid for. Also, every employee of any company or organization can count on legal rest (breaks, weekends and vacations), which should be enough to replenish strength and energy. Holidays must also be non-working days, and annual leave must be paid.

If an employee wants to undergo vocational training, retraining or advanced training, then he should be given such an opportunity. He can also defend his labor rights and freedoms in any way, if it is not prohibited by law. And to demand compensation for the harm that was caused to him in the process of fulfilling his job duties. Each employee also has every right to compulsory social insurance and compensation for moral damage.

What should I do?

The rights and obligations of the employee are inseparable from each other. Why? Yes, because only by fulfilling his rights he gains rights. Therefore, it is worth talking about what a person who is hired for production should do.

His first responsibility is the conscientious performance of the labor duties that were entrusted to him. Compliance with the internal regulations of the enterprise is also necessary. As well as compliance with labor discipline and labor standards. Each company also has requirements related to labor protection. Everyone is obliged to observe them too. In addition to the above, employees must carefully and accurately handle property in the workplace, be it equipment, tools, furniture, etc. All of them are responsible for the safety of what is in the work area. And also the duty of each individually is to inform the employer about the occurrence of any situation that may pose a threat to the health or life of everyone at work. These are the basic rights and obligations of the employee.

Sphere of pedagogy: law

Everyone knows that one of the most difficult and, unfortunately, ungrateful professions is the teaching profession. In general, the teaching area is extremely complex and multifaceted. The rights and obligations of teaching staff, respectively, are the same. A general list of them is presented in the Law of the Russian Federation “On Education”. But everything is written there too long and voluminous. So it will be possible to single out the rights and obligations of teaching staff only by analyzing the content of the entire law.

First of all, teachers are required to comply with the legislation of the Russian Federation. The charter, educational legislation - all this is also included there. Teachers must conduct the educational and educational process as efficiently and conscientiously as possible, and contribute to the development of students. Teachers also undertake to comply with the standards established by the state. That is, in other words, a program. And follow the class schedule and curriculum. Also, teachers should systematically improve their own professional qualifications.

Personal qualities

Teaching is about people. Therefore, it is logical to assume that the basic rights and obligations of an employee who is a teacher (school, technical school, college or university) are associated with some personal characteristics.

The teacher is obliged to follow professional ethics, firstly. To develop their students' independence, creative or other abilities, to form a correct, healthy lifestyle, and secondly. Show respect for students and try to arouse their interest in the educational process. Also monitor progress and certification, periodically introduce something new into the curriculum or program. And, of course, to form good moral and psychological conditions in the team, so that everyone feels equally comfortable. Another teacher must educate and teach in accordance with the specifics of his subject. And if something complicates this process, you need to eliminate it.

In general, the employee's employment rights and teaching responsibilities are many and complex. But the teacher owes so much ... And what can he expect in return? For free medical examination, decent wages (in our country, unfortunately, teachers are not given due attention in this regard), for rest, protection of their interests, freedoms and personality - in short.

About social workers

Who are these specialists? People who provide social and first-aid services to single citizens or those who, due to their age or physical limitations, cannot serve themselves. serious. And it is not surprising that the rights and obligations of a social worker are also voluminous and numerous.

So, such a specialist is obliged to buy and deliver food, medicine, household goods and hot meals to the ward. But the rights and responsibilities of a social worker overlap. So this specialist cannot be overloaded. The norm is at most 4 kilograms of all of the above for one person, 6 kg - for a family of two, 9 kg - for three. The social worker has every right to refuse the delivery of things and everything else in a large volume.

Cooking food, boiling a kettle, feeding (if the ward cannot eat himself), cleaning or renovating the apartment - he is also obliged to do all this. Even to heat the stove, if there is no other way to warm up in the ward's house. Hand over things to dry cleaning, wash them, pay for housing and utilities, write letters, if necessary, buy magazines or newspapers, help visit theaters, exhibitions and other cultural events ... In general, in the literal sense of the word, help the ward live. Basically, do whatever it takes. A very difficult job that not every person can endure.

Sphere of medicine

The rights and obligations of healthcare workers are also a topic that requires special attention. Take an ambulance doctor, for example. This specialist is required to have a certificate of completion of the internship in "ambulance" or to undergo appropriate training after medical school.

The field doctor must provide prompt and prompt assistance on site and during transport to the hospital for all casualties. Possess all methods of treatment and previous diagnostics of emergency conditions, if necessary, use medical and diagnostic equipment. The toughest duty is to work according to the schedule without the right to sleep, and at the time when there are no calls, be at the substation. You can't go anywhere.

It is always necessary to have an identity card with you. Sign in the duty magazines, receive overalls, inquire about the composition of the brigade and the number of the car, check the equipment and medicines. Keeping the work of the entire team under control is also necessary.

Criminal cases

The rights and obligations of medical workers are calculated in terms of volume in pages. Therefore, in short, it is worth noting criminal cases. If the brigade is called to the scene of the crime, then the doctor, having arrived at the scene, is obliged to keep in touch with the police officers and the senior doctor of the operational department. Make sure that there are no strangers on the spot and that the situation remains the same as it was at the time of the incident. If the victim is alive, provide all kinds of immediate assistance. If a weapon is found, keep it until the police arrive.

Pharmacists

We also need to talk about them, touching on the topic of medicine. After all, the rights and obligations of pharmaceutical workers are also important. Any person cannot become a pharmacist; he must have a diploma in the specialty “Pharmacy”. There may not be any seniority. This person must know the structure and laws of health care, as well as everything related to medicine (ethics, psychology of professional communication, theoretical foundations of providing emergency medical care, etc.). This healthcare professional only provides prescription drugs to customers (unless the person asks for a drug that can be purchased without them). He must also ensure the safety of the goods received by him, and distribute them to proper storage places.

Economic sphere of activity

Finally, I would like to briefly stipulate the rights and obligations of accounting employees. What should this specialist do? The accountant is obliged to keep records of property and fixed assets, production costs. Control and record settlements with customers and suppliers, sell products and monitor the results of economic and financial activities.

Reports, control of the movement of fixed assets, reception / verification of primary documentation, paper processing, business analysis, development of methods for saving money in the company, their inventory - all these are his responsibilities. In general, everything related to money rests on the shoulders of the accountant. It is a very important job, in which no mistake or miscalculation can be made. But to facilitate the activity, he has the right to ask for help and assistance from the chief and to involve other specialists who are entrusted with certain duties in the company.

In the course of conducting the activities of an organization and an entrepreneur, there comes a time when it is necessary to hire an employee, at the LLC right away, because she has a director - nowhere without him, and an individual entrepreneur, as the need arises. At this moment, a number of questions arise - what is needed, what documents, the procedure for admission, applications, employment, employment contracts, etc. We will reflect these moments in this article and consider the option when you have a candidate and he needs to be documented.

In order to hire an employee, you need to request the following documents from him:

Citizen's passport
Labor book, if the employee has not worked anywhere before, a new one is started
Snils - Certificate of Insurance - Green Card
TIN, if it was also not there, it is necessary for the employee to receive it at the Federal Tax Service
Education document - it is needed rather at the request of the employer
Military registration document, if the citizen is liable for military service
In certain cases, medical certificate

The procedure for hiring, step by step instructions

Step 1. Special assessment of working conditions (before 2014 - certification of workplaces)

If the organization has hired employees performing some kind of work, even office work, it is necessary to carry out, to identify harmful and dangerous factors in their work. Regarding this is fiction, but according to the law, this requirement is mandatory and applies to both organizations and entrepreneurs (according to Art. 212 of the Labor Code of the Russian Federation and Part 1 of Art. 8, Federal Law No. 426).

Yes, you can, of course, conduct an assessment after you start working, but keep in mind that you can be brought to administrative responsibility, both by an individual entrepreneur and an LLC. For a start, they may issue a warning, but there are also material levers of influence, just like the suspension of the enterprise, and a repeated violation will be punished more severely.

Important! The administrative fine for the absence of SOUT since 2015 is 5-10 thousand rubles for officials and individual entrepreneurs, 60-80 thousand rubles for an LLC, and from 30 to 40 thousand rubles in case of a repeated fact. and from 100 to 200 thousand rubles. accordingly, they can also suspend the activities of the enterprise for up to 90 days.

Step 2. Honey. reference

Before accepting an employee, in some cases, it is necessary to have a medical certificate, for this he must undergo a medical examination in a special center, after which he will be given a supporting document. It is possible and at the request of the employer to request such a document.

After receiving his copies of documents, the employee signs in the appropriate box, so that later, if necessary, to prove that such an agreement was handed over to the employee.

Step 6. Order of employment

The basis on which an employee starts his job or is endowed with some kind of authority is an order of employment. The order displays the conditions to which the employee is invited and, after review, is endorsed by both parties. As a document, a unified one and T-1a for a group of persons are used.

Step 10. Personal card

Simultaneously with the reception of the employee, the employee's personal card is drawn up, in which his personal data is entered

Step 11. Accounting of working time

During the life of the enterprise and visits by its employees, it is necessary to keep track of the working time for each employee. State com. stat, two forms are established:

T-12, can be used if the company will keep track of working hours and pay salaries to employees. At the same time, it is allowed to keep records without filling out the section on the calculation of wages
T-13, can be used when using automated electronic equipment

Step 12. Mandatory registration with the FIU and the Social Insurance Fund as an employer

After the appearance of hired employees, you need to register (simply, get a number in the systems) an organization in the funds, as an employer.

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