Labor relations: (concept, parties). Subjects of labor relations 6 object subjects and content of labor relations

The object of the labor relationship is the performance of a certain kind of work, characterized by a certain specialty, qualification position.

The characteristic of the object of the labor relationship is currently not unambiguous, since in labor relations the object is essentially inseparable from their material content (behavior of the obliged, etc.). The useful effect delivered by the employee (lecturing, etc.) can be consumed, as a rule, during the production process. And since in labor law material goods (objects) are practically inseparable from the labor activity of an employee, the characteristic of the material content of labor relations exhausts the question of their object.

The material content of an employment relationship is understood as the actual behavior of its participants (subjects), which is ensured by subjective labor rights and obligations. The factual is always secondary and is subject to the legal (volitional) content of the labor relationship, which is formed by the subjective rights and obligations of their participants. The content of these rights and obligations is expressed in the legal possibility, within the boundaries established by law, to act, demand, claim, enjoy benefits, etc. and the obligation to satisfy the mutual interests and needs of other subjects.

Based on the unity of the material and legal (volitional) components, we can say that the subjective rights and obligations of employees included in the content of the labor legal relationship are realized and concretized statutory rights and obligations that make up the content of the legal status of employees. These rights and obligations of the subjects of labor relations will be discussed in the next section of the work. There is a material interest in the results of labor activity, the satisfaction of the economic and social needs of the employee and the employer, the protection of the relevant labor rights of subjects.

Such a concept of labor relations seems to be broader, it includes the actual labor relationship between the employee and the employer and other social relations directly related to labor. Each of these legal relations differs in subjects, content, grounds for occurrence and termination.

The types of labor relations are determined by the subject of labor law, and among them are:

Legal relations to promote employment and employment;

Labor relations between the employee and the employer;

Legal relations on the organization of labor and labor management;

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

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

Legal relations for supervision and control;

Legal relations on the material liability of the parties to the employment contract;

Legal relations to resolve labor disputes;

All types of legal relations can be divided into:

Basic (labor relations);

Related and organizational and managerial (on employment, organization and labor management);

Protective legal relations (on supervision and control, liability of the parties to the employment contract, resolution of labor disputes, compulsory social insurance).

Definition 1

At its core, employment relationship is a type of social relationship based on the performance of a specific job. It is regulated by labor law within the framework of an agreement concluded between the employee and the employer. In this case, the first is obliged to obey the internal regulations in force at the enterprise or organization. And the second is to ensure the working conditions provided for by labor legislation, collective and labor contracts.

Signs of an employment relationship

The following main features of labor relations are distinguished:

the personal nature of the rights and obligations of the employee;
predetermined labor function;
observance of labor discipline;
reimbursable nature of the labor relationship;
each of the subjects has the right to terminate the employment relationship.

Let's consider the above features in more detail.

The employee is obliged to participate in the production or other activities of the employer solely by his own labor. . There is no such restriction in civil law, in which the contractor has the right to involve other persons in the performance of work.
The content of labor is predetermined by the specialty, qualification or position of the worker. In an employment relationship, we are not talking about the fulfillment of a separate individual task by a specific date, which is typical for civil law obligations related to labor activity.
Since the performance of the labor function is carried out in a team, then the employee is obliged to obey the requirements of labor discipline and internal regulations installed at the enterprise or in the organization. In other words, the labor relationship combines both coordination and subordination elements. The principle of freedom of labor is combined with subordination to higher authorities.
Compensatory nature of the labor relationship manifested in the payment of wages, which is carried out by the employer, usually in cash. The peculiarity of the employment relationship is that payment is made for the work carried out by the employee systematically during the established working hours.
An employment relationship is complex because each of its parties has corresponding rights and obligations. Both the employee and the employer can terminate their legal relationship without any sanctions, if the provisions of Chapter 13 of the Labor Code of the Russian Federation were not violated.

Picture 1.

Types of labor relations

All types of labor relations can be divided into three groups:

basic;
related and organizational and managerial;
protective.

The main labor relations are the relations between the employee and the employer.

Accompanying and organizational and managerial are relations related to issues of employment, organization and management of labor, as well as the activities of trade unions to protect the rights of workers and social partnership legal relations. This group also includes training, professional retraining and advanced training of personnel.

Protective legal relations are connected with the control and supervision of compliance with labor laws, the liability of employees and employers, the resolution of labor disputes and social insurance issues.

In modern Russia, there are the following main types of labor relations:

promotion of employment and employment;
relationship between employee and employer;
organization and management of labor;
professional training, retraining and advanced training of personnel;
relations between trade unions and employers to protect the rights of workers;
social partnership relations;
control and supervision of compliance with labor legislation;
material liability of the parties to the employment contract;
resolution of labor disputes;
social insurance.

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

The object of the labor relationship

The performance of certain work, the nature of which is determined by the specialty, qualification or position of the employee, is the object of an employment relationship.

Remark 1

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

Origin, change and termination of an employment relationship

The basis for the emergence of most labor relations is the conclusion between the employee and the employer of an employment contract. The legal significance of this document lies in the fact that it represents the basic basis for the further development of labor law.

Remark 2

The content of the employment contract includes all the conditions that determine the rights and obligations of its parties. A variation of this document is an employment contract, which can be concluded by the employer with representatives of creative, scientific or sports professions. A change in the employment relationship is expressed in the transfer of an employee to another job at the initiative of the administration of an enterprise or organization. Such a transfer is possible only with the consent of the employee or in case of production necessity, as well as in connection with downtime for one reason or another.

An employee can also apply to the employer with a request to transfer him to another job, for example, for health reasons or in case of temporary incapacity for work.

Termination of an employment relationship is possible both by mutual agreement of the parties, and at the initiative of the employee or employer. Labor legislation gives an employee the right to terminate an employment contract that does not suit him at any time. The citizen is obliged to notify the administration of the enterprise or organization of his intention two weeks before the dismissal, having done this in writing. However, the employer has the right to terminate the employment contract with the employee before the two-week period established by law.

An employment relationship is a legal relationship between an employee and an employer in the process of fulfilling the duties assigned to him by the employee.

Employment relationship- this is a voluntary legal relationship between an employee and an employer, in which both parties in the production process are subordinate internal labor regulations, labor legislation, collective and individual labor contracts.

Relationships themselves have specific features:

proceed in conditions of subordination to the rules of internal labor regulations;

The worker is usually included in labor collective.

Subjects of labor relations

Participants (subjects) of labor relations are workers and employers. The subject of an employment relationship can be a foreigner (both as an employee and as a representative of the employer), and an individual citizen who accepts an employee as a housekeeper, personal driver, gardener, etc. can also be an employer.

Objects of labor relations

The object of the labor relationship is skills, abilities, skills, which he proposes to use to the employer and which are of interest to the employer in the process organized by him labor. That's what employers are willing to pay for. wages. In market relations, the price of a worker, like any commodity, is determined supply and demand.

Types of labor relations

Depend on the type of relevant relationship and specific type of employment contract underlying the emergence and existence of this legal relationship. Therefore, in the same production, different types of labor relations are possible, since different types of labor contracts are possible (fixed-term, with an indefinite period, for the duration of seasonal work, part-time work, etc.).

Of these, two specific types of labor relations are distinguished:

in connection with part-time work;

under a student agreement.

Their specificity is that part-time work creates a second employment relationship for the employee along with his main place of work. BUT student relationship obliges the student, unlike other labor relations, not to work in the specialty, position, but to master this profession, specialty. Then, after passing the qualifying exam, the student legal relationship is fully transformed into an employment legal relationship but of the received specialty or profession.

Features of labor relations

A distinctive feature of labor relations is that labor relations are personal, i.e., with the development of the freedom of the labor contract, the individualization of the labor relations of the employee develops.

Another feature is that these relationships are built on compensated started, associated with mandatory remuneration for work in the form of wages.

The third feature is that labor relations are of a continuous nature i.e., they do not stop after the employee has completed a certain work task, but is associated with the performance of a certain labor function (work by position in accordance with the staff list, profession, specialty, indicating qualifications; or specifying the type of work assigned to the employee) - art. 15 of the Labor Code of the Russian Federation.

Legislation establishes that labor relations are based on the certainty and stability of the employee's labor function, and prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).

Both an employment contract and an employment relationship arising from it are always mutual and bilateral.

Both parties to the employment relationship have the right to demand that the other subject fulfill his/her labor obligations to the filed relationship.

Since the employer has the right to disciplinary power, he himself can punish the employee if he fails to fulfill his duties in accordance with labor legislation, bring him to disciplinary and material liability, and both parties can resort to the coercive power of the state. This characterizes the volitional content of labor relations, which is supported by labor law norms that ensure normal, safe working conditions corresponding payment, labor protection, compensation for harm (damage), disciplinary responsibility, the possibility of dismissal and transfer to another job etc.

§ 2.2 Object and types of labor relations

The object of the labor relationship is the performance of a certain kind of work, characterized by a certain specialty, qualification position.

The types of labor relations are determined by the subject of labor law, and among them are:

Legal relations to promote employment and employment;

Labor relations between the employee and the employer;

Legal relations on the organization of labor and labor management;

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

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

Legal relations for supervision and control;

Legal relations on the material liability of the parties to the employment contract;

Legal relations to resolve labor disputes;

All types of legal relations can be divided into:

Basic (labor relations);

Related and organizational and managerial (on employment, organization and labor management);

Protective legal relations (on supervision and control, liability of the parties to the employment contract, resolution of labor disputes, compulsory social insurance).

Identification and analysis of the features of labor relations

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Topic #5

"Labor relationship"

Topic questions:

1. The concept, features and types of labor relations

The concept and features of legal relations in labor law

Any branch of law regulates, first of all, social relations specific to a particular branch. It is social relations that constitute the subject of the branch of law. The subject of labor law answers the question in what types of social relations at work the behavior of people is regulated by labor law. Since the social organization of labor depends on the economic and political basis of a particular society, therefore, this basis determines the relationship of employers with workers for work, which are called labor relations. Proceeding from this, the subject of labor law is labor relations in the social organization of labor and other relations directly related to them. These relations constitute a complex, which includes nine groups of social relations. Labor relations are decisive in this complex. All others are derived from them or related to them.

In its pure form, the labor relation does not appear in practical life, since it is already in the form regulated by labor law - in the form of a legal relationship. In life, all nine groups of labor social relations have their own specific parties (subjects), endowed with labor legislation with rights and obligations, and content peculiar to each.

Labor relations are relations based on an agreement between an employee and an employer on the personal performance by an employee for a fee of a certain labor function (according to specialty, qualifications, positions), subject to compliance with the internal labor regulations and the employer ensuring working conditions provided for by labor legislation, a collective agreement agreements, employment contracts. Labor relations are a reflection of social production relations and, by their nature, exist objectively, regardless of the will of the citizen. However, belonging to these relations depends on the will of the parties and therefore they arise at the will of both parties and are of a personal volitional nature.

The concept of legal relationship is one of the basic concepts of the theory of law and is characteristic of all branches of law as a legal connection of subjects of law. Legal relations in the field of labor law - labor and production relations regulated by labor legislation, directly related to them regarding the labor of employees, i.e. it is a legal connection of the subjects of labor law.

The object of legal relations in the field of labor law is the material interest in labor, the results of labor activity and various socio-economic benefits that satisfy the employee and the employer, in protective ones - the protection of material interest and socio-economic rights.

Since the basis of labor relations is a certain form of ownership (state, municipal, joint-stock, private, etc.) and a different organizational and legal type of organization (enterprise, institution, etc.), labor relations are divided into generic and specific groups and subgroups: relations in state and municipal enterprises, in private industries (collective or individual), relations in rental industries, etc., relations in organizations with different forms of ownership.

The sometimes transformation of state enterprises into joint-stock companies or the transition to private hands leads to a change in the labor relations of the employee with the owner and employer. Labor legislation (Article 75 of the Labor Code of the Russian Federation) established that a change in the owner of an organization or its reorganization is not a basis for terminating labor relations. With the consent of the employee, they continue and their termination at the initiative of the employer is possible only after the registration of the transfer of ownership of the property to the new owner in the event of a reduction in the number or staff of employees.

The norms of labor law regulate only the actual social relations on labor in production, establishing the legal rights and obligations of their parties.

All relations that are the subject of labor law form a kind of block of relations, regulated mainly in the contractual legal (private law) order.

The second block of the subject of labor law includes relations regulated exclusively in public law or, in other words, in a centralized normative manner. The main specificity of the relations that make up this block is the presence in them as subjects of "agents" of the state, endowed with power powers of a control, supervisory or law enforcement nature.

This block includes two groups of relations closely related to labor:

= supervisory relations arising between the employer and the bodies of general or specialized state supervision over compliance with labor legislation and control over compliance with labor legislation (preceding or accompanying labor relations);

= procedural relations , emerging between the disputing parties and the judiciary in the resolution of individual labor disputes (accompany labor relations or follow from them).

In connection with the transition to new forms of management and market relations, two types of relations began to appear in the economy:

~ relations under an employment contract;

~ labor relations entered into by the owners of the property of a joint-stock company (or other type of collective form) to participate in the labor process in this joint-stock company.

Differences in the legal status of these relations are associated with the order of entry into them, their changes and termination, with the distribution of income.

In the case when an employee is also a shareholder (co-owner of the organization's property), he has a dual status: labor and civil law (when distributing profits and bearing material liability for possible losses of the organization).

Quite closely, labor relations are in contact with legal relations in the field of civil law related to labor. They should not be mixed:

» in labor law, an employee is included in the labor collective, but in civil law this does not happen and is individualized;

» the subject of an employment relationship is the process of labor according to a certain labor function in the general organization of labor, and in civil law the subject is the materialized result of labor (a book, a picture, etc.);

» obedience to the rules of labor regulations is inherent only in the employment relationship, which is not in civil law;

» in labor law, the organization and labor protection of an employee is the responsibility of the employer; in civil law, this lies with the citizen himself.

Unlike related relations, which are also associated with the realization of the mental and physical abilities of people, labor relations are characterized by the following specific traits:

a) the subject of the relationship - the performer of the work - is included in the team of the enterprise (organization) and by personal labor participates in the implementation of the tasks facing the other subject of the relationship. Such inclusion is usually accompanied by the enrollment of an employee in the staff or payroll of the organization (enterprise) for permanent, fixed-term, temporary or seasonal work. To characterize the employment relationship, the fact of the direct participation of the employee in joint labor activity is important;

b) the content of labor relations is reduced to the performance by an employee of a certain type of work in accordance with his specialty, qualification, position within labor cooperation, and not an individually specific task. The labor function usually corresponds to a certain type of activity in the structure of the organization (enterprise), is not limited to individual production operations and does not end with the manufacture of final products. An employment relationship is an ongoing relationship. Therefore, in necessary cases, caused by the needs of production or the interests of the employee, it is possible to transfer him to another job (permanent or temporary);

c) the work is performed under the conditions of a certain labor regime. These relations proceed in the conditions of the internal labor schedule with the subordination of the employee to the regulated conditions of joint activity. Subordination of subjects to the requirements of labor organization is a necessary element of labor relations.

d) the inclusion of an employee in the organization's team is mediated by a legal fact (employment contract, act of election to a position, etc.).

These signs of labor relations make it possible to distinguish them from other related relations in the field of employment, for example, arising on the basis of separate civil law contracts (contract, assignment, copyright agreement, etc.).

At present, in connection with the transition to a market organization of the economy, with the development of the labor market (labor market), labor relations that arise, as you know, from an employment contract, often for various reasons are given the form of civil relations arising on the basis of a personal contract. contract.

In this regard, it is necessary to know that, according to Article 11 of the Labor Code of the Russian Federation, in cases where it is established in court that a contract of a civil law nature actually regulates labor relations between an employee and an employer, the provisions of labor legislation apply to such relations.

Labor relations arising from membership in organizations (or on the basis of participation in them), to the extent that they do not contradict laws and other regulatory legal acts on labor, are also regulated by laws on the activities of these organizations and their constituent documents. For example, after the privatization, many employees of the former state industries became not only employees of various joint-stock companies, but also working shareholders of these companies. Therefore, they are still subject to labor legislation, labor rights and guarantees. Such shareholders are considered to be working in this joint-stock company under an employment contract, but they, having shares, have acquired a second legal status (ie legal position) under civil law as the owners of this company.

Types of legal relations in labor law

The main legal relationship in labor law is the actual labor relationship between the employee and the employer. An employment relationship is a voluntary legal relationship between an employee and an employer, for the employee to perform a specific labor function for a certain fee in accordance with the internal labor regulations, while the employer provides the necessary working conditions and its payment provided for by labor legislation. From the above characteristics of an employment relationship, it can be seen that it is always bilateral between two subjects, an employee and an employer arising on the basis of an employment contract.

In all forms of organizations (enterprises, institutions) provided for by the Civil Code of the Russian Federation, except for private, without hired labor, there are social and labor relations that are the subject of regulation of labor law. Different forms of organizations associated with different forms of ownership lead to different labor relations, which in turn is the cause of different types of employment contracts.

Labor legislation (Article 1 of the Labor Code of the Russian Federation) nine groups of labor relations:

♦ legal relationship (preceding character);

♦ labor relations employee and employer;

♦ legal relations of the team of employees with the employer, its administration on labor organization and management;

♦ relations between the trade union body at work or other body authorized by employees with the employer on improving working conditions and protecting the rights of workers;

♦ legal relations for Supervision and Control for compliance with labor laws and labor protection.

♦ social partnership relations between representatives of employees, employers and executive authorities of the federal, sectoral, regional (subjects of the Russian Federation), territorial and other levels on negotiating and concluding agreements on social and labor relations, working conditions and its remuneration.

♦ relationship , retraining and advanced training directly from the employer.

♦ relationship related employers and workers in the world of work, which are protective in nature.

♦ relationship by resolution labor disputes.

The main labor relationship may be preceded by the accompanying relations 3-7, which are organizational and managerial character. Relations related to liability, supervision and control, and the resolution of labor disputes are by their nature protective.

All of the listed legal relations are of the labor nature of the legal connection of their subjects and arise on the basis of their free will. Differences between the types of legal relations in the sphere of labor occur in terms of subjects, objects, content, grounds for occurrence and termination.

Types of labor relations are distinguished depending on:

Forms of ownership of the means of labor,

The procedure for the distribution of profits or products of labor,

From the legal form of the enterprise

type of employment contract.

They can be urgent and perpetual, be of a certain character. How many types of labor contracts, so many types of labor relations.

The relations that arise between the employee and the employer regarding the use of hired labor are called labor relations, and taking into account the subject composition - individual labor relations, and form the core of the subject of labor law.

In addition to them, the norms of labor law regulate a complex of relations closely related to labor, which by time of occurrence are divided into three groups:

> relations preceding labor;

> relations associated with labor;

> labor relations.

However, all relationships are independent, although outwardly they may look dependent.

The independence of each type of labor relationship can be traced according to three criteria:

1) by subjects: collective have their subjects, and individual - their;

2) by content legal relationship: student's legal relationship implies rights and obligations aimed at training the student-worker, collective the legal relationship can be aimed at creating favorable working conditions for the team of employees of this enterprise.

3) by subject: in individual employment relationship, the subject is always the labor process employee, in collective – organizational and managerial issues in relation to the enterprise and work.

In some types of legal relations, their participants may coincide, but in all legal relations there is always an employer represented by the administration or a representative, as well as a citizen-worker.

Among the legal relations in labor law, there are two specific legal relations: student and about work at the same time that arise on the basis of their respective employment contracts. Their specificity lies in the fact that part-time work, along with the main labor relationship, creates a triple labor relationship that exists simultaneously. Student legal relationship is additional to the main one.

According to their subject composition, all closely related labor relations can be differentiated into two groups:

individual relationships;

collective relations.

To the group individual employment-related relations, in particular, include: employment relations arising between a job seeker and a private recruitment agency or a public employment service (preceded by employment); relations for the professional training of a job seeker directly with the employer (also precede labor relations); relations for the professional retraining of an employee of a particular organization directly from the employer, as well as relations for the material liability of the parties to the employment contract (accompanying labor); relations between the state employment service and a person who has temporarily lost his job and earnings regarding the receipt of certain support measures (arising from labor), etc.

Collective relations that can exist only as relations accompanying labor, depending on their nature, are divided into two types:

1) organizational and managerial relations;

2) relations on the settlement of collective labor disputes.

Thus, in addition to the actual labor relations ( labor Relations employee and employer) Article 1 of the Labor Code of the Russian Federation defines eight more groups of relations directly related to labor or preceding, or accompanying, or replacing them, which are also included in the subject of labor law regulation. These include:

a) relationship employment promotion and employment(preceding character):

≈ a citizen with a state agency of the employment service or other agency of employment to search for work and referral to it;
≈ the relationship of a citizen with an employer for employment in the direction of the employment authority;
≈ between the employer and the employment service.

b) organizational and managerial relations of a team of employees with the employer, its administration:

1) relations developing between employers (representatives of employers) and employees (representatives of employees) regarding the conclusion, execution and control over the execution of a collective agreement or agreement;

2) relations that arise between the employer and the team of employees in the course of the employer exercising its powers in the field of local law-making and law enforcement, in the case when its addressee is the entire team of employees or any part of it;

3) relations that develop between a team of employees and an employer when the team implements its powers both independently and through elected representative bodies.

c) organizational and managerial relations a trade union body in production or another body authorized by employees with employers, its administration on improving working conditions, applying labor law, adopting and applying local labor law and protecting workers' rights.

d) protective relations for Supervision and Control for compliance with labor legislation and labor protection between state labor inspectorates (Federal Labor Inspectorate), specialized inspectorates (Gopromtekhnadzor, Gossanepidem service, Gosatomnadzor, etc.), trade union bodies on the one hand and the administration (its officials), the employer - on the other. These relations arise simultaneously with the main labor relations of the employee.

e) social partnership relations between representatives of employees, employers and executive authorities of the federal, sectoral, regional (subjects of the Russian Federation), territorial and other levels on negotiating and concluding agreements on social and labor relations, working conditions and its remuneration. The participants in these relations are representatives of the three social partners of employees, employers and executive authorities. For the first time, these relations became the subject of regulation of labor law with the adoption on March 11, 1992 of the Law of the Russian Federation “On Collective Contracts and Agreements”.

e) relationship for vocational training, retraining and advanced training directly from the employer. These relationships consist of three types of relationships: student, professional development, and learning leadership. The parties in these relations are: the employee-student, the teacher and the employer. In the same group of relations there are relations arising in connection with professional selection, which can arise both before the conclusion of an employment contract, and in the course of already established employment relations - after hiring in the course of labor activity.

Vocational selection can be carried out in different forms: an interview with a candidate, testing, medical examination, testing, internship, etc. This group also includes relations regarding the establishment, definition and advanced training conducted by special qualification commissions that are created by the employer.

g) relationships associated with liability employers and workers in the world of work, which are protective in nature. The parties to these relations are the employee and the employer who have entered into an employment agreement. These relations are of a dual nature: firstly, the relationship of the employer's liability to the employee for causing harm to his health at work, for violation of the employment contract and labor rights of the employee, etc., and secondly, the relationship of the employee's liability to the employer for causing damage to the employer's property. Relations associated with the responsibility of the parties to an employment contract are special relationships, because they arise only in the event of unlawful actions of the parties and the occurrence of harmful consequences.

Permission labor disputes, as relations arising between the disputing parties (employee and employer) and bodies authorized to consider individual and collective disputes (court, labor arbitration, labor dispute commission, higher body, conciliation commission, with the participation of a mediator). Labor disputes may arise at the stage preceding the employment relationship, before the conclusion of an employment contract, in the course of employment relations, and also arise after the termination of employment relations. Labor disputes can be both individual in nature and be collective, affecting the interests of the entire team of employees.

2. Elements of an employment relationship

Grounds for labor relations

The basis for the emergence, change and termination of labor relations is the presence of legal facts or their combination, determined by labor legislation. First of all, these are lawful actions of the parties aimed at establishing mutual rights and obligations in connection with the realization by the employee of his ability to work. The legal fact that gives rise to an employment relationship is an employment contract between an employee and an employer, which is the main basis. The main ground may be accompanied by additional grounds, both simple legal facts and their compositions. In certain cases provided for by law (Article 16 of the Labor Code of the Russian Federation) or the charter of an organization, an employment relationship on the basis of an employment contract may arise as a result of:

~ election (election) to a position, if the employee is supposed to perform a certain labor function;

~ election by competition to fill a position, if labor legislation or the charter of the organization defines a list of positions to be filled by competition and the procedure for its implementation;

~ Appointment to a position or approval in a position, when this procedure is established by labor legislation or the charter of the organization;

~ referrals to work by authorized bodies on account of the established quota;

~ a court decision that obliges the employer to conclude an employment contract with a specific employee;

~ actual admission to work with the knowledge or on behalf of the employer or his representative without the proper execution of an employment contract.

Change or termination of labor relations is possible on the basis of legal facts of actions or events. In accordance with labor legislation, actions may be unilateral in nature, the will of both parties or be agreed upon (transfer to another job, to work in another locality, dismissal at the initiative of the employee (Article 80 of the Labor Code) or the employer, death of the employee (clause 6 of Article 83 Labor Code), temporary transfer to another job due to production needs (Article 74 of the Labor Code), etc.).

The content of the employment relationship

♦ labor legislation;

♦ an employment contract;

♦ collective agreement;

♦ social partnership agreements.

A feature of the content of an employment relationship is the simultaneous existence of rights and obligations for both parties and their compliance (the rights of one party correspond to the obligations of the other). The main place in the content of the labor relationship is occupied by the constitutional right of a citizen to work, which is manifested in his right to work at his chosen place of work and labor function and protect it from violation. The leading duty of an employee in an employment relationship is the conscientious performance of a labor function defined by the contract. Labor legislation establishes the immutability of the labor function and the prohibition of the employer to require the employee to perform functions not provided for by the contract and their unilateral change.

The specifics of the employment relationship is the individual and personal nature of the rights and obligations of the parties. Therefore, we can talk about special legal personality, which includes the degree of professional training, the degree of training in special work, and work experience. At the same time, special legal personality must be distinguished from special ability to work, which consists in the ability to perform certain types of work - a pilot, a loader, a driver, etc., which is determined in the process of professional selection during a medical examination.

The employee must personally fulfill his labor duties and is not entitled to replace himself without the consent of the employer, however, in this case there will be another independent labor agreement between the employer and the new employee.

Summarizing what has been said, the following characteristic for labor relations traits:

Property nature (assumed remuneration for work in the form of wages);

Organizational and labor in nature (joining the labor collective and subordination to the internal labor schedule);

Personal character (independence of the work of a particular employee);

Regulatory in nature (regulated by labor legislation and labor individual and collective agreements);

Bilateral (between employee and employer);

Continuing (the performance of labor duties by the employee is not one-time, but continues during the term of the employment contract).

Subjects of labor law and labor relations

Any legal relationship presupposes the presence of certain participants in this relationship. In labor relations parties (subjects) are considered to be persons directly connected with labor relations, who, due to existing features, may be bearers of subjective legal rights and obligations. Labor Code of the Russian Federation in Art. 20 establishes that the parties to labor relations are the employee and the employer.

An individual as a party to an employment relationship

The legal status of a citizen as a subject of labor law differs from the legal status of an employee. The constitutional right to work is recognized for all citizens and is a kind of prerequisite for the emergence of an employment relationship, but not every citizen can become an employee. At the stage of finding a job, theoretically, any citizen can become a subject of labor law relations. The Law of the Russian Federation “On Employment in the Russian Federation” dated April 19, 1991 does not oblige an able-bodied citizen to work and prohibits any form of forced labor. Therefore, the constitutional right, and hence the labor capacity may not be implemented. In this case, the volitional side of the labor relationship is manifested. The general subjective right to work must be manifested outwardly in order for a citizen to become a participant in labor law relations.

The legal status of the subject of labor law includes several elements that are established by law:

» labor legal personality (legal capacity, legal capacity and delictual capacity);

» basic labor rights and obligations;

» general and special legal guarantees of labor rights and obligations;

» liability for breach of duty.

The rights, obligations and their guarantees of each subject of labor law are established by labor legislation by various institutions of labor law.

A general mandatory prerequisite for the emergence of the actual labor relationship is the existence of legal personality both for the employee and the employer (individual and legal entity). For an individual, the legal personality of an employee implies the possession of a certain age, which, according to the general rule of labor law, is 16 years old and, in exceptional cases, upon reaching the age of 14, in cases and in the manner established by labor legislation.

An integral element that determines the labor legal personality of an individual is also the state of health, mental state, which is included in legal capacity. A mentally ill citizen under guardianship does not have a labor legal personality and cannot be a subject of an employment legal relationship, since he is not able to be aware of his actions and be responsible for them to the employer.

The legal status of a citizen, in addition to the general one, can be special, which is reflected in separate norms of labor law when regulating the labor of women, adolescents, the disabled, etc. This also includes the existence of special guarantees of labor rights of individual subjects of labor law.

The legal status of a citizen as an employee appears after the conclusion of an employment contract and depends on the type of this contract. An employee is a natural person who has entered into an employment relationship with an employer. The vast majority of employees of enterprises are manual workers, and organizations and institutions are mental workers. Employees as workers are also heterogeneous: engineering and technical. The question of the legal status and characteristics of the work of employees is considered in more detail by administrative law. On the side of the employee may be a Russian citizen or a foreigner. Labor Code of the Russian Federation in Art. 21 defines the general basic rights and obligations that all employees have. They are the limits of possible (rights) and proper (duties) behavior in labor relations with the employer.

The employer as a party to an employment relationship

An employer is a natural or legal person (organization) that has entered into an employment relationship with an employee. In accordance with federal legislation, in some cases, the employer may be another person entitled to conclude an employment contract. Such person may be a branch of a legal entity. Among legal entities as an employer there can be organizations of any form of ownership: state, municipal, individual (private) and collective (joint stock companies).

Organizational and legal forms of legal entities, features of their activities and other issues related to their legal status are established in the Civil Code of the Russian Federation. These features and differences of legal entities also explain their differences in their labor legal personality.

The legal personality of the employer is determined both by legislation and by the goals and objectives established by the charter of the organization and is special in nature. However, in order to have labor legal personality, a legal entity must not only be registered in the prescribed manner, but also have a wage fund, staffing, can create the necessary working conditions, etc.

In fact, the employer is the owner of property - means of labor and means of production, who in most cases exercises his powers through the bodies authorized by him - the head and the administration, who are his representatives. They exercise all the rights and obligations of the employer.

The bearers of the labor rights and obligations of the employer may be an individual who is an employer, the head of an organization and the bodies of a legal entity or persons authorized by them, in the manner prescribed by law or regulations, constituent documents and local regulations of a legal entity.

The Labor Code of the Russian Federation of 2001 for the first time considered in detail the features of the work of the head of the organization, highlighting the features of its regulation and members of the collegial executive body of the organization in Chapter 43. The Labor Code, defining the features of the work of the head, takes into account a new set of characterizing the work of the head as a role and responsibility, especially the conclusion and termination of the employment contract. In this regard, it is necessary to note the peculiarities of the legal status of the administrative manager, appointed from the moment the enterprise is declared bankrupt until it is transferred by competition to independent management.

The main general rights and obligations of the employer are defined by the Labor Code in Article 22, which are specified in various institutions of labor law.

The role and place of trade unions in labor relations

One of the human rights recognized by the International Covenant on Civil and Political Rights (UN - 1966) is the right to form and join trade unions to protect one's labor interests. Trade unions are the most massive organization of workers for the protection of their socio-economic and labor rights. In Russia, the first Labor Code of 1918 recognized trade unions as subjects of labor law and secured their rights in the sphere of labor relations. Currently, according to labor legislation, the subject of labor law are trade union bodies registered in accordance with the legislation as legal entities. The legal status of trade union bodies in the sphere of labor at this stage differs in many respects from the former. They now no longer have the right to participate in the organization and management of production, as it was before, but they have the right to participate in the management of the organization as a representative of a team of workers. The collective agreement and social partnership agreement may provide for a broader competence of the activities of the trade union body in matters of work and life than is enshrined in legislation. Trade unions as subjects of labor law participate in the establishment of labor and its payment at all levels from the enterprise to the federal level under social partnership agreements.

Subjects of supervision and control in labor relations

The subjects of labor law and labor relations are the Federal Labor Inspectorate and specialized state supervision.

federal inspection labor(Chapter 57 of the Labor Code of the Russian Federation) was formed in 1998 in accordance with the ILO Convention of 1947 “On Labor Inspection”. It is headed by the Chief State Labor Inspector of the Russian Federation, who is appointed by the President of Russia.

State Sanitary and Epidemiological Service located in the structure of the Ministry of Health of Russia, operates on the basis of the Federal Law "On the sanitary and epidemiological well-being of the population" dated March 30, 1999 and exercises control and supervision over the sanitary condition of production, workplaces, hostels, food facilities, as well as compliance with sanitary and hygienic and anti-epidemiological norms and rules by employers.

Federal Mining and Industrial Supervision of Russia(Gosgortekhnadzor), according to a special list of enterprises, industries and works, supervises (Article 366) work associated with increased danger, using subsoil, working underground, on main pipelines, during mining and the use of explosive and hazardous substances, etc. .P.

State Energy Supervision(Gosenergonadzor), in accordance with Article 367 of the Labor Code of the Russian Federation, supervises safety in the maintenance of electrical and heat-using installations. Like other specialized state inspectorates, it develops rules, instructions, specifications and state standards, which are agreed with the trade union bodies.

State Supervision for Nuclear and Radiation Safety(Gosatomnadzor) provides supervision over nuclear and radiation safety in accordance with the provisions of Art. 369 of the Labor Code of the Russian Federation. It also has the right to bring to administrative responsibility any entities that have violated the established rules in this area.

Employment Service Bodies are also subjects of law and labor relations. The Federal State Employment Service is a unified federal system of bodies and institutions. Financing of the employment service bodies is carried out from the state budget (for the payment of unemployment benefits, scholarships and other payments to the unemployed. The territorial bodies of the employment service are not structural divisions of the relevant executive authorities of the constituent entities of the Federation and local governments. Financing of measures to promote employment of the population, including on social support for the unemployed, financed from the budgets of the subjects of the Federation and the budgets of municipalities.

Jurisdictional bodies, considering individual (commission on labor disputes, court, etc.) and collective (conciliation commission, mediator and labor arbitration) labor disputes are also subjects of labor law and labor relations.

The subjects of legal relations in the sphere of labor are the parties to these legal relations, and in order to single them out, it is necessary to consider all types of legal relations separately.

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