Employee and employer: rights and duties in the field of labor and labor protection

The rights, duties of the employee and employer in the field of labor protection are prescribed in several normative legal acts and documents. Every employee is obliged to know about this.

Where to look

Let's list the main documents, where the rights and duties of the employer and employee in the field of labor protection are prescribed. Ukraine and Russia do not differ much from each other in terms of labor legislation. In both countries, they are listed in the following documents:

• Labor code. In it, as a rule, basic (universal) norms of labor protection are given.
• Employment contract (contract). Toto, who reads it attentively while recruiting for work, knows this.
• Federal laws regulating certain areas of activity.
• Job description. For workers in some occupations with an increased risk of danger, it details the conditions for compliance with many rules and regulations on safety. It should be noted that legally these violations fall under the article "Non-execution of official duties." Let us give an example. A firefighter did not wear a helmet. According to the job description, he must do it. The employee was fired for not following the job description. For a similar violation, he could be fined for violating the rules of labor protection. But in this example, his dismissal will be quite legal. The conclusion is only one: carefully you need to read and comply with the labor contract, job description, and also know other rights, duties of the employee and employer in the world of work. Including in the field of industrial safety.
• Orders and orders of higher management.
• Other normative-legal, by-laws and documents relating to certain spheres of activity of workers. For example, decrees of the President, the Minister of Labor, etc.

Article 214 of the LC RF: determination of the status of an employee

Sometimes the line between the concepts "worker" and "employer" is blurred. Rights and duties are one. This applies to this article of the Labor Code of the Russian Federation. It lists the main duties of the employee. But the law also stipulates that absolutely all employees of the enterprise fall under this concept. In this case, the very concept of "worker" is a person performing certain job descriptions. It can be an employer who performs the function of a director. But here there is a convention. That employer, who is not an employee of the enterprise and does not perform any job descriptions of the firm, does not fall under this article. For example, an investor who delegates all managerial powers to his managers.

Obligations of the employee

It has already been said above that there are legally cases when the status does not define anything. Who is the employee's status? Both the employee and the employer have the same rights and obligations.

According to the LC RF, these include:

• Medical checkup.
• Mandatory notification of deterioration of health.
• Obligation to undergo briefings and trainings on safety. This includes courses to provide emergency (pre-medical) first aid. For example, instructors in hazardous sports, employees of children's institutions are required to know how to provide emergency care before an ambulance arrives.
• The use of protective equipment in hazardous areas of work, as well as self-training and increased competence for their use.

Features of medical examination

This includes both pre-employment, pre-employment, and recurrent. Depending on the scope of activity, different requirements are made. For example, the passage of an ophthalmologist for pedagogical workers and catering staff is optional. In sanitary books, a special code of professional activity is put. The list of medical examinations depends on it.

Notification of the head of health deterioration

Absolutely no role is played by a valid medical work permit. There are cases when the employee's health deteriorates, and he does not notify the authorities about this. The result can be fatal outcomes during the performance of labor duties. And for the employee, and for others.

A special tragedy, when such incidents suffer or kill children. Let us give an example of such a situation. The driver of the school bus worsened heart failure. Until the next mandatory medical examination a few more months. The driver knew this, but hoped that nothing would happen. I did not want to lose the only source of income. As a result of transportation of children on the road, his health deteriorated. There was a heart attack. The driver lost control of the bus and collided head-on with a passing car. Several people, including this driver, were seriously injured. One child was taken to the intensive care unit, on the way to which he passed away.

The situation is terrible. For the parents of the affected children is simply a life tragedy. But the headmaster did not know about the deteriorating health of the driver. The vehicle was in good repair. The driver had a medical clearance. Of course, before sending to the flight the driver is obliged to examine the doctors and issue a permit. But not always it saves from such cases.

Application of protective equipment on the site

Nonsense, when employees of gas stations, for example, do not know how to use a conventional fire extinguisher. The example is not accidental.

In one area, emergency officers conducted inspections in this area. It turned out that 5 percent of the enterprises had no fire extinguishers at the gas stations. A third of the employees did not know where they were, and half did not know how to use them. In this case, the rights, duties of the employee and the employer are also violated.

Let us explain more specifically. The employee's right to a safe place of work at work with increased danger and the employer's obligation to ensure it is violated. This is about the lack of fire extinguishers.

Ignorance of workers, how to use special means, is a violation of labor legislation in the field of labor protection, both by themselves and managers. The latter did not check the level of competence of employees.

Rights and duties of the employer and employee in the field of labor protection: Art. 76 of the RF TC as an instrument of execution

This article gives the right to remove an employee from his position for lack of compulsory medical examination. But the article is applied subject to the legislative obligation of passage. The employee and the employer must not conflict. Rights and obligations must be strictly observed and implemented within the framework of the law.

For example, it will be illegal for the director to impose on the employee the delivery of medical tests that are not foreseen by the position held. Examples of this include the HIV test. It is not mandatory for almost all categories of workers. For such a requirement an employee has the right to apply to the prosecutor's office or labor inspection.

The consequences of applying Art. 76 of the LC RF

But if the employer's requirements are legal, and the employee has not undergone a medical examination, then for him comes a series of negative points:

• Removal from office until the final passage of medical examination.
• Non-payment of wages for the time of forced absence.
• Recalculation of compulsory annual paid holidays.
• The period of suspension is not included in the work experience of the employee.

But this will happen when the employee has not been examined through his own fault. If its fault is not proved and / or it is not at all, then the last three points do not apply. He is paid an average monthly salary for a temporary absenteeism for the period of medical examination, and it does not affect the length of service and leave.

It can be concluded that the worker and the employer must respect each other, and the rights and obligations of the parties are mutually respected. After all, the financial well-being of the enterprise and the favorable climate in the team depend on it.

Obligations of the employer in the field of labor protection

It was said above that in Article 214 of the LC RF, the concepts "director" and "subordinate" are delineated. All employees fall into the category of employees. But there are special duties that apply only to managers.

Here there will be an opposition: the worker and the employer, the rights and duties. The formula is completely logical and understandable. Ensuring the employee's right in the field of labor protection is the duty of the employer.

Let's list the rights and duties of the employer and employee: table

Responsibility for violation of safety requirements in the workplace

It can be both administrative and criminal. In accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for a fine. Can be imposed on both the manager and the company. If for an official it is 1-5 thousand rubles, then firms - from 30 to 50 thousand rubles.

The criminal article for violations of the law in the field of labor protection is applied when an accident took place. Those. Someone has suffered. The person responsible for safety will use Art. 143 of the Criminal Code. In this case, he may be subject to one of the following sanctions:

• The fine is up to 200 thousand rubles or the withdrawal of wages for a period of up to 18 months.
• Compulsory work up to 480 hours.
• Correctional labor up to 2 years.
• Deprivation of liberty for up to 1 year.

For the death of a man, the punishment will be much stricter.