Is the boss always right? Labor Code on the basic rights and obligations of the employer. What are the rights and responsibilities of an employer?

Responsibility of the parties

After an employment contract has been concluded between an organization and a citizen, the parties must take into account the rights and obligations of each other. If facts of violation of rights or improper performance of duties are revealed, both the employee and the employer may be held liable for violating the legislation of the Russian Federation.

Responsibility for this type of violation is provided for both disciplinary (for an employee) and administrative and criminal (for a legal entity).

Responsibilities and basic rights of an employee

Based on the provisions set out in Art. 21 of the Labor Code of the Russian Federation, an employee has the right to count on:

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Conclude, terminate and amend an employment agreement in accordance with the laws of the country.
Get the job described in the employment contract.
To obtain a workplace that meets labor safety and health standards.
To receive remuneration in a timely manner and in the amount specified in the agreement.
To provide rest paid by the employer, including vacations, weekends and holidays.
To receive complete and truthful information about working conditions.
An employee can join , unite and create trade unions to effectively protect their rights, freedoms and interests.
Manage the company within the framework specified by the collective agreement.
Protect your rights by all available means provided for by the legislation of the Russian Federation.
Receive compensation for moral and physical harm caused in the process of performing direct labor functions.
If the Federal Law provides for compulsory insurance , you can obtain it.

A company employee is obliged to conscientiously and fully perform his functions prescribed in the concluded employment contract.
Fully comply with the routine and discipline at the enterprise.
Ensure the safety of the employer's property.
Immediately notify the employer of dangerous situations that pose a threat to the life and health of the company’s employees and the safety of the employer’s property.

Responsibilities and basic rights of the employer

The employer has the right:

Conclude, amend and terminate employment contracts.
The employer can participate in collective bargaining , conduct them and conclude collective agreements.
Take measures to encourage conscientious and efficient employees.
Require the safety of the enterprise’s property and apply sanctions in case of non-compliance with this right.
Require employees to follow the internal rules of the organization.
Creating and joining communities in order to protect their legal rights.

Responsibilities of the employer:

Ensure compliance with the standards established in the Labor Code of the Russian Federation and other legislative acts.
Provide the work described in the employment agreement.
It is prohibited to require employees to perform work that is not included in the contract.
The employer must provide the employee with safety and working conditions that meet the standards.
Fully provide employees with materials , equipment and tools necessary to perform their job duties.
Comply with the principle of equal pay for work of equal value.
Pay contractual remuneration to employees.
Provide employees with complete and reliable information regarding their job responsibilities.
Timely inform employees of changes in regulations that directly affect their work.
Provide employees with household needs that arise during the performance of job duties.
In accordance with the procedure established by the Federal Law, provide compulsory social insurance for employees.
Compensate for harm received as a result of their performance of work duties.

Basic labor rights and obligations of the employee and employer are covered in labor legislation

In modern life realities, the question quite often arises about what a person can hope for when getting a hired job, regardless of the specific field in which the employment takes place.

Labor rights are guaranteed by a number of legislative acts, one of which is the fundamental law of the state - the Constitution.

Thus, already in part 4 of Article 32 it is stated that all citizens have equal opportunities to access the public service, which is also one of the areas in which certain people can apply their skills.

Article 37 of the Constitution is entirely devoted to the possibilities of protecting the basic labor interests of workers living on the territory of Russia and carrying out their activities strictly in accordance with the legislation in force in the state.

And it can be attributed both to the labor sphere itself, and to the individual and collective, since it is located at the junction of these areas of legal relations between an employee and his employer.

The Labor Code regulates the relations arising between the employer and the employee. Article 21 lists what exactly a person can count on as soon as he gets a job somewhere (we tell you more about the rights and obligations of the parties specified in Article 21 of the Labor Code of the Russian Federation and other legislative acts here).

The first and most important right formalized by the Labor Code of the Russian Federation is the opportunity to claim favorable operating conditions.

It relates both directly to the labor sphere and to the social sphere.

Thus, in the main legislative act regulating the relationship between employees and their employers, there is no division of rights to various sections of professional life.

However, all the interests of hired employees are divided into several sections (this division is conditional, since all types of such relationships are closely intertwined):

Individual and collective.
Civil and political.
Constitutional.
Social.
Economic.

And, directly, the sphere of work itself.

The most important section will be the labor section, which arises immediately after the conclusion of the employment contract.

This includes the main interests of employees that directly depend on the agreement concluded.

Labor rights of workers are:

Conclusion (and subsequently termination) of an agreement with the employee himself. Moreover, termination can be not only by mutual consent (which specifically relates to the rights of workers, in contrast to a similar process at the initiative of the employer), but only at the request of the employee himself.
Full development of the employee’s job responsibilities in accordance with the specialty and position specified in the concluded agreement.
Proper distribution of work and rest time to maintain work schedule.
Payment for duties performed in full and fair amount.

What conditions must be taken into account in an employment contract?

Installation information . This section touches on aspects directly related to the subjects of labor relations - the employer and the future employee. Additionally, a number of information regarding the conclusion of the contract are indicated here.
Place of work . This section should indicate information about the immediate place of work of the future employee and the name of the employer. If a citizen is hired to work in one of the branches of the employing company, his address must be indicated in the contract.
Labor function of the employee . The concluded agreement must necessarily describe the main tasks that will be assigned to it. Important! The employer can determine the title of the position independently, but only in cases where the work is not related to harmful and dangerous industries, that is, it does not imply the payment of any benefits or compensation.
Start date of work duties . It may differ from the date of conclusion of the agreement. If a specific day is not specified in the contract, the employee is obliged to go to work on the day following the signing of the agreement.
Contract time.
The procedure for remuneration and its conditions . The text of the document must describe the employee’s salary, wage scale, as well as all possible bonuses, allowances and additional payments. The maximum salary is not limited, with the exception of certain categories of employees whose remuneration is directly determined by the legislative acts of the Russian Federation. The minimum size cannot fall below the minimum wage established by law. This section also stipulates the terms and methods of payment of wages.
Schedule of working hours and rest . This clause includes conditions relating to vacations, days off and non-working holidays, and other nuances relating to the employee’s right to rest.
Working conditions and additional guarantees . This condition must be included in the employment contracts of employees working in hazardous industries or in hazardous working conditions.

This is important to know: Is an employment contract number required?

Some working conditions are not initially required to be included in an employment contract, but they may become so if certain legal aspects arise in a particular situation. Such nuances may include a probationary period, full or partial financial liability, etc.

Legislative regulation

All labor relations are subject to the jurisdiction of the Labor Code of the Russian Federation. The rights and obligations of the employer, as a party to labor 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 use in practice.

And in case of violation of rights or failure to fulfill 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 responsibilities arise and how his rights are limited.

Responsibilities of the employer

The employer's responsibilities can be divided into groups depending on to whom these obligations arise.

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

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

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

Responsibilities of the employer to state regulatory authorities

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

Responsibilities of an employer to its employees

By hiring employees, the employer takes on a fairly large number of obligations. There are many of them for the reason that they must guarantee respect for 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 actions taken:

responsibilities related to compliance with Labor Code standards in relation to employees;
responsibilities related to the organization, protection and remuneration of labor;
responsibilities regulating the preparation of working documentation;
Responsibilities for providing work with everything necessary.

Let's consider some of the obligations of the person providing the work, listed in the corresponding list from Art. 22 Labor Code of the Russian Federation.

The employer must provide the hired employees with the work specified in the agreements.
By providing the opportunity to 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 within the framework of the employment agreement.
The organized conditions and principles of compliance with labor safety must meet the requirements established in labor legislation for this industry.
Remuneration for work of equal value should be equal.
Differences in pay must be determined by objective factors provided for by the Labor Code of the Russian Federation: qualifications, length of service of the employee, level of job responsibilities, their number, etc.
Payment of remuneration for labor must be made within the terms established by the collective agreement or individual contracts, if they do not contradict the requirements of the Labor Code of the Russian Federation.
Employees must be provided with rest as a break for meals, days off in accordance with regulations, annual leave, etc.
For categories of workers provided for by law, a special labor regime must be provided: for example, reduced working hours, light work, etc.
Local regulations adopted at the enterprise must be brought to the attention of personnel, which is confirmed by the personal signature of each employee confirming familiarization with them.
The employee must be registered in accordance with the requirements of the law, therefore the employer’s responsibility is to conclude an employment contract with him.
The conclusion of a collective agreement and the conduct of collective bargaining also lies on the shoulders of the employer.
If violations of labor organization and safety are identified, or the employee has reported such violations, the employer must consider these problems and take the necessary measures to eliminate them.
If an employee is harmed due to the fault of the employer, the latter is obligated to compensate for treatment, as well as compensation for moral damage (within the scope of the Labor Code of the Russian Federation).
An employer must provide social insurance for all its employees.

This is important to know: Judicial practice: fixed-term employment contract

NOTE! Failure to comply with its obligations for the employer is fraught with administrative punishment - 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.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The most serious violations of their duties may deprive the employer of the right to operate and occupy certain positions for a given period.

Who is an employer

Before we begin to outline the rights and responsibilities of an employer, let us give it a general definition. So, the employer can be either a legal entity in a company (whether it is an LLC, CJSC, etc.) or an individual - as an individual entrepreneur. Among the requirements that are presented to this person, regardless of whether he works at an enterprise or in the context of an individual entrepreneur, we highlight two main ones:

the employer does not have the right to go beyond the scope of the Labor Code established on the territory of the Russian Federation. All relations between him and his subordinates must be regulated by this legislative act;
After hiring an employee, the employer undertakes to draw up an employment contract, which will confirm that the citizen has official employment. The conclusion of this agreement, in turn, makes the manager responsible for paying salaries and withholding various contributions (insurance, tax).

The employer can be either a legal entity or an individual

Age limits

According to current legislation (namely, Article 21 of the Civil Code), a citizen of Russia has the right to become an employer upon reaching his eighteenth birthday. In this case, employers can be both capable and incapacitated persons. Incapacitated citizens have the right to occupy the position of employer in cases where guardians hire them workers for the purpose of personal service or housekeeping.

Citizens who are already eighteen years old can become employers

Moreover, in exceptional situations, Russian citizens who have not reached the age of 18 also act as employers. However, for this they must meet one criterion - they are legally married. The fact is that, according to the law, persons under eighteen years of age who enter into marriage acquire full legal capacity by receiving the appropriate certificate ahead of time.

List of rights

The rights granted to an employer in accordance with the Labor Code of the Russian Federation include the following:

concluding and terminating a TD with an employee, as well as making changes to it if necessary;
concluding collective agreements and conducting collective negotiations;
rewarding employees through payments or promotions for the successful performance of their job duties;
requiring employees to carefully handle property owned by the employer;
requiring employees to perform those job functions assigned to them in the TD in full;
the requirement from employees to follow the internal labor regulations (which must also be indicated in the TD);
adoption of local collective acts;
bringing employees to financial and disciplinary liability in the event of relevant incidents;
creating associations of employers and subsequent joining them in order to protect their own interests.

Article 22 of the Labor Code of the Russian Federation

List of responsibilities

Among the main responsibilities, for failure to comply with which the employer may face both administrative and criminal liability, are the following:

compliance with regulations, including the norms of the Labor Code;
providing employees with the volume and type of work specified in the TD;
providing employees with all related materials that are required to perform professional activities (be it tools, equipment, technical documentation, etc.);
creating safe conditions for employees to carry out work activities based on state regulations;
providing employees with a salary proportional to the amount of work they perform;
transfer of salaries to employees in the amount and within the terms specified in the TD;
familiarization of employees with the content of local regulatory documents adopted in production (the condition for familiarization is the employee’s signature);
compensation for harm caused to an employee in the process of performing his professional duties (along with harm to health, moral damage can also be considered - if it is provided for by the Labor Code);
providing employees with social insurance;
taking into account messages from trade unions or workers' representatives related to the discovery of violations of labor laws and taking further measures to eliminate them.

You can read below about why social insurance is needed, what its advantages are and how it is financed.

Why is social insurance needed?

What is the employer entitled to?

The rights of the employer extend to a number of actions related to the following labor issues:

various actions aimed at the dynamics of employment contracts: conclusion, amendment, termination, renegotiation;
collective agreements and actions related to collective relations;
employee incentives;
ensuring the responsibility of working personnel;
all actions related to internal regulatory documents.

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

The employer has the right to maintain relevant documentation - employment contracts, local acts, collective agreements, regulations, etc.
The employer is allowed to reward employees by any means for the proper fulfillment of their labor obligations.
For failure to comply with the requirements of the Labor Code of the Russian Federation and the rules stipulated by internal documentation, the employer has the right to hold its employees accountable as provided for by law.
The employer’s legal right is to demand from its personnel careful treatment of the company’s property, equipment, materials, etc., as well as strict adherence to established labor safety rules and technological processes.
An employer may be the creator or member of any associations acting to protect the interests of this category.

NOTE! Like the employee, the employer is also protected by law in guaranteeing the observance of his rights, and in the event of their violation, he can apply to defend his interests in the courts.

Basic rights of an employer:

conclude, amend and terminate employment contracts with employees;
conduct collective negotiations and conclude collective agreements;
encourage employees for conscientious, effective work;
require employees to perform their job duties and take care of the property of the employer and other employees, and comply with internal labor regulations;
bring employees to disciplinary and financial liability;
adopt local regulations;
create associations of employers for the purpose of representing and protecting their interests and join them;
create a works council;

A production council is an advisory body formed on a voluntary basis from among the employees of a given employer, who, as a rule, have achievements in work, to prepare proposals for improving production activities, individual production processes, introducing new equipment and new technologies, increasing labor productivity and qualifications workers.

9. exercise the rights granted to him by legislation on special assessment of working conditions.