If an employee has worked for six months, does he have the right to rest for a total duration of twenty-eight calendar days? Providing leave after 6 months - a right or an obligation of the employer? All this will be discussed below.

Vacation norms of labor legislation

According to Article No. 21 of the Labor Code of the Russian Federation, an employee has the right to his personal rest, which is ensured, among other things, by providing him with guaranteed payment for annual leave. The Russian Labor Code obliges the employer to strictly comply with the regulatory framework in the field of work relations and other legal acts, which contain aspects of basic laws and relevant documents, as well as the terms of collective agreements and agreements. According to Article No. 114 of the Labor Code, employees are provided with annual leave while maintaining their job and their position, and, in addition, their average income. The duration of annual breaks of basic paid leave, which is provided to employees, is twenty-eight calendar days.

So, is vacation after 6 months a right or an obligation? Let's figure it out.

Right to vacation

Paid leave must be granted to the employee every year. That is, a citizen has the right to use such a break in the first year of his work activity with a specific employer. The opportunity to take leave for the first twelve months of work arises for employees after six months of continuous work with a particular employer. And according to the agreement of the parties, leave with subsequent payment is given to the employee even before the expiration of six months. For all employees referred to in Article No. 122 of the Labor Code of the Russian Federation, based on their applications, the employer undertakes to provide leave after 6 months.

Providing leave in proportion to time worked

Labor legislation does not provide for the possibility of providing paid leave every year in proportion to the period of time worked by the employee. The exception is cases when the opportunity to rest is given with the subsequent dismissal of the citizen before the end of the working year for which the leave is granted. In addition, in proportion to the time worked in dangerous or harmful working conditions, additional paid rest periods may be allocated for work performed in such inconveniences. In this case, only periods of time actually worked in harmful and dangerous working conditions are included in the vacation experience.

How many days?

Thus, it turns out that after six months of regular work with a particular employer, the employee who has been granted leave has the right to receive basic paid rest in full, namely for a total duration of twenty-eight calendar days annually. Many people are wondering whether vacation after 6 months is the right or obligation of the employer.

The Labor Code of the Russian Federation does not take into account the possibility of granting partial annual leave in kind with payment, that is, in proportion to the time worked in a particular working year. Based on this, vacation, which is considered regardless of working hours in the year, is provided in full, namely within the established duration.

But how to pay for it?

So, Article No. 122 of the Labor Code of the Russian Federation talks about the annual provision of paid leave after 6 months; the employer has absolutely no reason to pay only for part of such rest, which is fourteen calendar days. In such a situation, the boss undertakes to pay for all twenty-eight days that fall during the period of the employee’s annual basic leave with subsequent payment. All calculations for average earnings, which are maintained during the rest period, are calculated in accordance with the rules established in Article No. 139 of the Labor Code, in particular the provision of various features in the procedure for calculating the average salary.

Deduction from salary

If an employee quits before the end of the working year, for which he has already been allocated annual paid rest, the employer has the full right to make a deduction from the citizen’s salary, namely, to take away part of the average income issued for unworked rest days. However, such deduction cannot be carried out if the employee is dismissed on the grounds provided for in Articles No. 77, 81 and 83 of the Labor Code of the Russian Federation. What are the nuances of granting leave after 6 months of work?

It is important to note that annual paid leave can be divided into parts, but on the condition that at least one of these sections must be at least fourteen calendar days. Although such a division can only be carried out by agreement between the employer and his employee on the basis of Article No. 125 of the Labor Code. The employer does not have the right to unilaterally divide paid leave annually, or to allocate the employee only fourteen days of this rest.

We understand the issue of whether vacation after 6 months is the right or obligation of the employer.

Other provisions for providing paid leave to employees

As already mentioned above, paid rest must be provided to the employee every year, and the right to use such a break for the first twelve months of work appears to the citizen after six months of his regular work with a particular employer.

Leave for the second, as well as subsequent years, can be used at any selected time according to the order of provision of regular paid leave, which is established by a particular employer. Employees who were hired by the institution after the vacation schedule was approved go on vacation not according to its parameters, but according to the corresponding statements. That is, it turns out that after six months of work, the citizen has the right to leave, and the employer has an obligation to provide it if the employee writes a corresponding application.

Let's consider the question of whether there is a right or obligation under the Labor Code to leave after 6 months.

Mutual interests

Along with this, when granting such leave, both participants in the labor relationship - both the employee and his employer - must take into account the mutual interests of each other, and, in addition, the possibility of agreeing on the initial date of rest. The employee, of course, does not have the right to determine the date of going on vacation independently, or to go on it without permission. Exceptions include some specific categories of citizens who can take leave without taking into account the opinion of their employer, for example, employees who are under eighteen years of age and so on.

Is it a right or an obligation for an employee to take leave after 6 months?

Thus, it should be concluded that, of course, a full-time employee has the full right to receive leave upon expiration of six months of work with a particular employer. In addition, if a citizen turns to the employer with an application to provide him with time to rest, then the management does not have the right to refuse him this.

In the event that the allocation of vacation, in the opinion of the management, may adversely affect the normal and successful course of the institution’s activities, then the employer can only in the form of a proposal ask his full-time employee to transfer the vacation to another more suitable period of time, while explaining to the citizen the current situation at the enterprise unfavorable situation. But, if the employee does not want to agree to such a transfer, then the employer simply does not have the right not to let him go on the desired vacation.

The right to annual leave for a new employee, as well as its provision earlier than six months

In standard situations, workers have the right to the first annual rest after six months of continuous work from the moment of official employment at a new enterprise. By mutual agreement of the employer and his employee, the first annual rest may be granted before the citizen completes the required length of service for six months, as stated in Articles No. 122 and 177 of the Labor Code of the Russian Federation.

How many days of vacation after 6 months is an employee entitled to according to the Labor Code?

Exceptions to the rules

The employer is obliged to provide leave before the end of the six-month period at the request of its employee only in exceptional situations in relation to certain categories of citizens, namely:

• employees who have not yet turned eighteen years of age;
• women who are on the verge of immediate leave due to pregnancy and childbirth and after them, including, and, in addition, upon completion of the required period of child care;
• employees who adopted infants under three months of age;
• husbands while their spouses are on leave due to pregnancy and childbirth;
• veterans;
• Chernobyl victims;
• wives of military personnel;
• part-time workers

Paid leave for subsequent years of employment

Leave for the second and subsequent working years can be provided to employees at any time based on vacation schedules. As for the categories of employees who constitute an exception, for them this is carried out taking into account their wishes, regardless of the existing schedule.

Is it possible to get leave after 6 months of work for an employee who decides to transfer to another organization?

Transfer of an employee to another organization

What happens to the length of service that gives the right to annual leave if a citizen enters work as part of a transfer from another enterprise? In such a situation, the accumulated experience, which would give the right to leave, is not preserved when an employee is transferred from one institution to another. That is, it turns out that citizens will have the opportunity to provide rest only when they have been working in a new specific organization for six months.

The fact is that upon transfer, the employment agreement with the previous enterprise is completely terminated, and at the new place of professional activity a new contract is concluded with the employee, as stated in Article No. 77 of the Labor Code. The direct right to receive a period of rest is granted to the employee only upon completion of six months of his work in the institution that sends him on leave. How is vacation calculated after 6 months of work? According to the employee's average monthly salary.

Is it obligatory?

Yes, he is obliged to do so if the employee approaches him with a corresponding application. In general situations, upon completion of six months of work, the employee has a legal right to receive leave, and the employer has a direct obligation to provide it. At the same time, when sending an employee on vacation, both parties are obliged, among other things, to take into account each other’s mutual capabilities and interests, and they should also mutually agree on the start date of the vacation period.

We looked at what vacation after 6 months is - a right or an obligation.

In its first part, in the “General Provisions” section, in the chapter that is devoted to labor relations, as well as the grounds for the emergence of labor relations, there is Article 22. It covers the issue of “Basic rights and obligations of the employer.”

This article will enable the common reader to understand what powers the one who provides people with jobs has. Before considering what responsibilities he has, it is worth mentioning a little about his rights. The employer has the right:

• conclude, terminate and, if necessary, change with its employees on the terms and in the manner established by the present Labor Code or other federal law;
• organize collective negotiations and conclude collective agreements;
• provide incentives to your employees if they have been noted for their conscientious and effective work;
• the employer has the right to demand from his subordinates the fulfillment of all established labor duties, as well as careful treatment of all property (including third parties that are in his possession for one reason or another, if the employer bears some responsibility for it) . He may also demand normal treatment of the property of other employees and strict adherence to established internal rules;
• has the right to hold workers accountable for violating any established procedures, again only in strict accordance with federal laws.

The rights and responsibilities of an employer are a fairly broad topic. Having become acquainted a little with the rights, you can move on to the second part, which concerns what a person is obliged to do when providing work to a certain number of people.

The employer's responsibilities include:

• compliance with labor legislation and other regulations, which to one degree or another contain rules relating to the implementation of labor activities;
• providing subordinates with work that is directly determined by themselves;
• he must provide comfortable and safe working conditions in the workplace that comply with regulatory requirements established by the state;
• It is also the employer’s responsibility to provide employees with all the necessary tools so that they, in turn, can perform their duties efficiently;
• employees must be provided with wages, which the employer pays within the established time limits specified in the employment contract (provided that there were no violations of the established rules - in this case, it is possible;
• collective bargaining also applies to this section;
• the person providing work is obliged to provide reliable and complete information that is necessary to conclude a document such as a collective agreement. Also, the employer must control all processes related to this agreement.

In addition to the above, the employer’s responsibilities include such items as creating conditions that are able to ensure the participation of employees in the management of the organization. The employer must also provide solutions to the everyday needs of subordinates that are related to the performance of duties; carry out compulsory insurance for all its employees, as established by federal legislation. If a person suffers any damage as a result of the performance of his work duties, the employer must compensate for it. This includes not only material compensation, but also moral compensation.

"Personnel officer. Labor law for personnel officers", 2012, N 8

BONUSES: RIGHT OR OBLIGATION OF AN EMPLOYER?

Read the article in detail about the components of incentive payments and the responsibilities of the employer.

Most economists identify two main approaches to remuneration that form its systems - time-based and piece-rate. Bonuses, by which economists usually understand all types of incentive payments, act as an additional way to increase the efficiency of one or another form of remuneration. Of course, everyone understands perfectly well that the main desire of the owner of capital is to pay his employees only the real results of his work.

The ideal option for any employer is “piece-work” according to the principle “as much as you do, you get for as much.” The main problems arise when the results of labor do not have a materialized result of the work. In this case, in addition to time-based payment, which is a direct reflection of market labor pricing principles, incentive payment mechanisms are included. It is with their help that the employer tries to create a situation where, in addition to the minimum amount of work for which the employee will obviously receive a fixed salary, he himself will strive for a “labor feat”.

In this case, we are not just using slogans that have already been forgotten by many. After all, it was these slogans that often replaced cash payments to the Stakhanovites. That is, in the Soviet state the material component was deliberately replaced by the ideological, although this did not always work and not for everyone.

A modern employer, no matter how much he strives to create a “corporate spirit,” is deprived of the opportunity to use many of the tools that existed then. He is forced to rely on tools that are cruder in nature - material gain. We would not like to belittle all the many theories of motivation that currently exist, we will simply note that any theory of internal motivation not related to material benefits begins to work only in a prepared social environment or in the presence of a sufficient material level.

The Soviet state created such an environment for generations, and through centralized state propaganda. Not a single corporation, even the largest, can afford to raise its future employees from kindergarten, instilling in them loyalty and devotion to the company.

The material level of modern Russian society also does not allow us to say that the incentive mechanism of funds has begun to decline. Accordingly, one of the main mechanisms for increasing labor efficiency will remain for a long time the factor of material interest, and here one of the main roles is played by the construction of an effective system of incentive payments to employees.

Three parts of salary

The legislator in Art. 129 of the Labor Code of the Russian Federation determined that wages consist of three parts: remuneration for labor, compensation payments and incentive payments. It is worth noting that a number of authors criticize the separation of components in wages.

Thus, Professor V. Lebedev, noting that wages in general are an incentive for a worker to engage in work, encourages a person to be hired, to work conscientiously at the direction and under the control of the employer, and therefore, the qualitative characteristic of the modern wage structure is nonsense. This approach, in our opinion, oversimplifies social relations associated with labor, leveling wages both as a legal category and as an economic instrument.

Of course, we can only agree with criticism of the criteria that form the basis for the systematization of wage components. However, this problem is more likely generated by technical difficulties in the application of legislative techniques and problems of the logical relationship of the terms used, than by a systemic error in the approach to defining the definition itself - “wages”.

The first of the three parts of wages allocated by the legislator is remuneration for labor depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed. That is, the basic and direct reciprocal provision of the employer to the employee.

The second is compensation payments designed to compensate the employee for some real or possible damage or inconvenience that he may experience while performing this work. And finally, the third part is incentive payments. Payment of the first part is the absolute responsibility of the employer. Regarding compensation payments, everything is also quite transparent.

As noted by the Supreme Arbitration Court of the Russian Federation (clause 4 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 14, 2006 N 106 “Review of the practice of consideration by arbitration courts of cases related to the collection of the unified social tax”), compensation payments are payments to reimburse individuals for the costs associated with the execution their work responsibilities. Many factors requiring compensation are named directly in the law (radioactive contamination, special climatic conditions).

But with incentive payments, everything is not so clear. One of the main problems that arise in practice is determining cases when payment of incentive payments is a right and when it is an employer’s obligation.

The concept of "incentive payments"

In our opinion, the legal norm regarding the definition of the concept of “incentive payments” suffers from a certain vagueness. Let us turn to the text of the norm: incentive payments - additional payments and bonuses of an incentive nature, bonuses and other incentive payments. In our opinion, the legislator distinguishes two components in incentive payments.

Firstly, additional payments and bonuses of an incentive nature, and secondly, bonuses and other incentive payments. If in our reasoning we rely on the formal interpretation of terms and the logic of the Russian language, it turns out that the first is distinguished from the second by the purpose and basis of the payment. Additional payments and allowances are paid to induce an employee to achieve a certain result, and bonuses and other incentive payments are paid to reward for the achieved result.

In practice, the line between these two concepts is unfairly rarely drawn.

Although, in our opinion, a clearer approach to terminology would greatly simplify the relationship between the parties to the employment contract.

For example, it would be clear to an employee when he receives money “for having a diploma” and when to receive a bonus he needs to make an effort and have certain results.

Conventionally, these payments can be defined as a payment “for indicator” and a payment “for the result of work”. Both types of incentive payments are found quite often in practice. The first, of course, includes such common additional payments as the “work experience bonus” and the “education bonus.” The second category is more difficult. As we have already noted, for many categories of employees it is impossible to determine unambiguous, materialized criteria for work results, and here a variety of criteria come to the rescue, starting with KPI and ending with “labor participation.”

Employer policy

Within the framework of this article, we will not consider the advantages and disadvantages of certain criteria for paying bonuses; we will pay attention to something else. The employer, or rather the managers of a legal entity, is always faced with the temptation to not only “link” the amount of remuneration to the results of the organization’s activities, but also to leave themselves the opportunity to refuse to pay the bonus part for one reason or another. More precisely, the reason is usually the same - to reduce the organization’s labor costs. But there can be many reasons for such a desire. Sometimes they are objective in nature, associated with market mechanisms (crises), but more often they are a consequence of the investment policy chosen by the management of the organization or its owners.

In any case, before making such a decision, the employer must clearly understand whether he can carry out his intention. In fact, all incentive payments can be divided into two parts.

Two parts of incentive payments

The first of them is payments tied to the presence of certain objective circumstances or the actions of the employee, the second is essentially arbitrary actions of the employer, determined only by his internal motivation. Accordingly, the first part is an integral part of the remuneration system and is obligatory for payments, and the second is not included in the remuneration system and represents one-time actions of the employer.

The main problem in practice is precisely the separation of the first and second. It is worth noting that the problem in this case is not only legal, but also economic and psychological in nature. Let us agree that no person, given a choice, will enter into an employment contract without having an idea of ​​what kind of payment he will receive for his work. And the abuse of payments “at the discretion of the employer” often creates just such a situation.

Therefore, it is important for the employer, on the one hand, to build a logically coherent remuneration system, which includes a transparent bonus system, and on the other hand, to leave a certain freedom of action in the application of incentive payments. In practice, it is not always possible to achieve this balance.

Two cases from practice

Let's consider two cases where, at first glance, the same payment was qualified completely differently by the court (see table). We deliberately chose cases that were close in time and considered in the same instance in order to minimize the influence of “local practice”.

Court decisions on claims for accrual of bonuses

Bonus is an employer's right	Bonus is the employer's responsibility
City Court dated 04/27/2011 N 33-6236/2011	Definition of St. Petersburg City Court dated June 22, 2011 N 33-9390/2011
Refusing to satisfy claims claims, court of first instance came to the conclusion that the condition mandatory payment of bonuses employment contracts concluded between the defendant and the plaintiff, is missing, therefore, according to current employee bonuses according to legislation is the right of the employer and carried out at his discretion the presence of certain criteria. Since the defendant, by his right to bonus to the plaintiff based on the results<...> quarter<...>not a year took advantage, then the claims the claims were to be rejected. The procedure for calculating bonuses, amounts bonuses, reasons for promotion and premium reductions are provided Regulations on remuneration and financial incentives employees of the organization, approved by order of the general director of the organization from<...> N<...>, in accordance with clause 10.1 and 10.2 which, in order to strengthen material interest every employee to improve individual work results and improving work efficiency enterprises with financial bonuses are introduced based on the results of the work. Bonuses can be carried out based on the results work for a period of time (month, quarter, year). Premium amount employees are established by order General Director From the above it follows that bonuses for employees the results of their labor have a right, and not the employer's responsibility and depends, in particular, on the quantity and quality of workers' work, financial condition of the enterprise and other factors that may have an impact influence on the fact and size bonuses. Based on the above rules, the court came to the first instance correct conclusion that the employer has the right to independently set the amount of the premium if the employee's employment contract and local regulatory act there are no conditions for mandatory payment of a premium in a fixed size. Under such circumstances, the court there were no first instance legal basis for satisfaction of claims for recovery of unpaid premiums	The court of first instance proceeded from that the bonus to the official The plaintiff's salary is permanent and not one-time nature and included in employee's wages, in connection with with what, taking into account qualifications, complexity and conditions of the performed plaintiff's work, quantity and quality of the labor expended by him, his final results and financial opportunities companies that in the first quarter 2010 compared to similar 2009 indicators are not significantly changed, admitted that the defendant an obligation to pay has arisen to the plaintiff a quarterly bonus for three month 2010 in the amount<...>. Analysis of the provisions of the employment contract (including additional agreements), Payment provisions labor of the organization's employees allows one to come to the conclusion that there is conditions for mandatory payment allowances (variable part wages), therefore according to the current labor legislation in this case quarterly bonus is not the right of the employer, but his responsibility, in connection with which it non-payment is illegal. According to clause 3.3.1 of the Regulations on remuneration of employees, monthly salary company employee consists of permanent (official salary) and variable part (surcharge), with this in accordance with paragraphs. "a" clause 3.3.1.2 variable part of monthly employee salaries paid in accordance with accepted in the company premium system. The bonus system is regulated clause 4 of the Regulations on bonuses employees, according to clause 4.1 whose general director companies can make decisions about bonuses for employees results of work for the reporting period period (month, quarter, half year, 9 months, year, etc.). Decision on bonuses are awarded in depending on qualifications, complexity and conditions of the performed work, quantity and quality expended labor of the employee, his final results and financial company capabilities. Link of the defendant in the cassation complaint about unjustified refusal court of first instance evidence confirming attracting an employee to disciplinary liability, and namely memos from 22.03.2010, 26.03.2010, 01.04.2010 addressed to the general director organization signed by the director, cannot be accepted by the court collegium. To confirm the facts repeated violation by the plaintiff internal labor rules regulations and gross violation official duties of the defendant it was necessary to present evidence showing bringing the plaintiff to disciplinary action responsibility is in order established by the Internal Rules labor regulations in force in the defendant's organization, and the Labor Code of the Russian Federation

What do these two seemingly very close cases show us?

1. If you have indicated in the employment contract that the employee is on a time-bonus or piece-rate wage system, and have specified specific bonus indicators in local regulations, you have thereby secured the bonus as a component of the salary. In essence, the employer in this case determines for himself the conditions under which payment of the bonus becomes his responsibility.

In the court case under consideration, the indicators for bonuses were:

Qualification;

The complexity and conditions of the work performed by the plaintiff;

The quantity and quality of the labor expended by him;

Final results of work;

Financial capabilities of the company.

2. If the employment contract does not indicate the bonus part of the salary and there are no bonus criteria, then such an incentive payment can no longer be considered as an obligation, but becomes the right of the employer. In fact, each of these payments begins to be considered as an individual payment, even if it is made monthly in the same amount. But, as mentioned above, with this approach to paying bonuses, its stimulating effect is largely lost.

In the first of the court cases we cited, this is exactly what happened. The bonus clause contained the vaguest possible wording, and there was also no mention of the bonus part of the salary in the employment contract. The result is a refusal to the employee’s demands.

In the second case, the employee who went to court proved that none of the bonus parameters had changed, the indicators remained at the same level as in the previous period when he received the bonus, and therefore, the bonus should be paid for the current period. The court agreed with this point of view.

Thus, answering the question posed in the title of the article, we can say the following. When determining whether a bonus is the employer's responsibility, the main factors include the wording of the employment or collective agreement, as well as the employer's local regulations. At the same time, one of the basic elements is an indication in the employment contract of the remuneration system as containing a bonus part - “time-based bonus”.

Bibliography

1. Lebedev V. Premium form of wages // Personnel officer. Labor law for personnel officers. 2008. N 1.

S. Rossol

Corporate consultant

Law office

"Kalinin and partners"

Signed for seal

• Motivation, Incentives and Remuneration

Keywords:

1 -1

The employer has the right:

conclude, amend and terminate employment contracts with employees in the manner and on the terms established by this Code and other federal laws;

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 employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees, and to comply with internal labor regulations;

bring employees to disciplinary and financial liability in the manner established by this Code and other federal laws;

adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs);

create associations of employers for the purpose of representing and protecting their interests and join them;

create a production council (with the exception of employers - individuals who are not individual entrepreneurs) - 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 and individual production processes , introduction of new equipment and new technologies, increasing labor productivity and qualifications of workers. The powers, composition, and procedure for the activities of the works council and its interaction with the employer are established by local regulations. The powers of the works council cannot include issues the resolution of which, in accordance with federal laws, falls within the exclusive competence of the organization’s management bodies, as well as issues of representation and protection of social and labor rights and interests of workers, the resolution of which, in accordance with this Code and other federal laws, is assigned within the competence of trade unions, relevant primary trade union organizations, and other representatives of workers. The employer is obliged to inform the works council about the results of consideration of proposals received from the works council and about their implementation;

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

The employer is obliged:

comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;

provide employees with work stipulated by the employment contract;

ensure safety and working conditions that comply with state regulatory requirements for labor protection;

provide employees with equipment, tools, technical documentation and other means necessary to perform their job duties;

provide workers with equal pay for work of equal value;

pay the full amount of wages due to employees within the time limits established in accordance with this Code, collective agreement, internal labor regulations, and employment contracts;

conduct collective negotiations, as well as conclude a collective agreement in the manner established by this Code;

provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

familiarize employees, against signature, with the adopted local regulations directly related to their work activities;

timely comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

consider submissions from the relevant trade union bodies and other representatives elected by employees about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report the measures taken to the specified bodies and representatives;

create conditions that ensure the participation of employees in the management of the organization in the forms provided for by this Code, other federal laws and the collective agreement;

provide for the everyday needs of employees related to the performance of their job duties;

carry out compulsory social insurance of employees in the manner established by federal laws;

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

perform other duties provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and employment contracts.

Any citizen should know his rights and responsibilities, demand fulfillment of the former and strictly adhere to the latter. As for such a category as employers, since they influence an even larger category - employees, knowledge of all the rights and obligations associated with the establishment of an employment relationship is necessary for both parties.

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:

1. Strictly follow the labor laws currently in force in the country.
2. Comply with the standards prescribed in various regulatory documents on labor legislation:
   • regulations;
   • 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.

1. The employer must provide the hired employees with the work specified in the agreements.
2. 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.
3. The organized conditions and principles of compliance with labor safety must meet the requirements established in labor legislation for this industry.
4. Remuneration for work of equal value should be equal.
5. 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.
6. 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.
7. Employees must be provided with rest as a break for meals, days off in accordance with regulations, annual leave, etc.
8. For categories of workers provided for by law, a special labor regime must be provided: for example, reduced working hours, light work, etc.
9. 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.
10. 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.
11. The conclusion of a collective agreement and the conduct of collective bargaining also lies on the shoulders of the employer.
12. 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.
13. 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).
14. An employer must provide social insurance for all its employees.

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.

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

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).

1. The employer has the right to maintain relevant documentation - employment contracts, local acts, collective agreements, regulations, etc.
2. The employer is allowed to reward employees by any means for the proper fulfillment of their labor obligations.
3. 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.
4. 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.
5. 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.