Guarantees and compensation in labor law: concept, types

Every formal employment must be backed up by certain guarantees and compensations. Guarantees and compensation in the labor law are mandatory. And if the second concept is purely material, the first can have both material and non-material overtones. Let us consider in more detail what these provisions include.

Definitions

Basically, the concept of guarantees and compensations is considered from the point of view of labor law. According to Article 164 of the Labor Code of the Russian Federation, guarantees are understood as means, conditions and means by which employees of organizations are granted various rights in social and labor relations. Guarantees that are provided by law and provide these rights to all employees may be material and non-material. The first include the preservation of wages during vacation or training, a long trip or a hospital, etc. The second concept refers to the preservation of the workplace or the provision of another position.

In relation to guarantees, such concepts as payments or co-payments are also used. Guarantee payments are understood as such payments which are given out to the employee while he did not fulfill his labor obligations for valid reasons, which are established by legislative norms. They by common rules replace the salary. Warranty surcharges are imposed over the established salary.

Compensation is understood to mean cash payments, which are reimbursement to the employee of those costs that are related to the performance of labor duties and are stipulated by law.

If the employee has spent money during the production need, the organization must compensate for the losses incurred in terms of money.

The concept of guarantees and compensations in the labor law can be applied jointly, if the case so requires. For example, if the employee is a donor.

In addition to reimbursement of expenses, employees are compensated for moral harm, which can be caused in the workplace.

Basic goals

The main objectives of granting guarantees and compensation are:

1. Providing employees of average earnings in individual cases provided for by law, when they do not perform their direct duties.
2. Compensation to employees of the monetary costs specified in the law, incurred by them for industrial necessity.

The main guarantees and compensations in the labor law of the Russian Federation are prescribed in Article 165 of the LC RF.

Types of guarantees

The main types of guarantee payments include:

• Payments that depend on production situations or management actions (payment of idle time due to the fault of the employer, payment of forced absenteeism upon unlawful termination of the contract, allowance for dismissal);
• Payments that provide the employee with the right to a paid rest;
• Additional payments to employees who have not reached adulthood;
• Payments that do not depend on production, but are important for the state and society (state duties, participation in collective bargaining, military training, etc.).

Special cases

In addition to the established guarantees, the legislation distinguishes the following types of guarantees and compensations in the labor law:

1. When sending on business trips or other official departures.
2. When moving to another city in order to fulfill labor obligations.
3. When performing state or public activities.
4. When combining study and work.
5. If necessary, stop working because of the employee's fault.
6. At an annual rest.
7. In exceptional cases, the termination of employment.
8. Because of the delay in issuing the form of work due to the fault of the employer when the employment relationship is terminated.
9. Other types of guarantees and compensations, which are provided for by labor law.

Basic principles

The basic principles of providing compensation and guarantees include:

• The establishment of a compulsory level of compensation and guarantees;
• Commitment of heads of organizations to provide employees with statutory guarantees and compensation;
• The employee's right to compensation and guarantees established by law;
• The possibility of improving the position of staff compared with that which establishes legislation on compensation and guarantees at the level of the agreement at the expense of the contracting parties.

Business trips

Under a business trip understand the trip of an employee on the instructions of the head for a specific period for the performance of their duties.

Today, the law does not set a maximum term for a business trip, it is determined by the employer individually, based on the nature of the assignment. A business trip is not considered a trip of that employee who has a traveling nature of work.

The direction of the employee on a business trip must be documented by the order of the head of the organization. Based on this, a travel certificate is issued, in which it is necessary to indicate the beginning of the business trip and its termination, as well as the point of travel. At the end of the assignment, the employee must submit a report on the work done.

When an employee is sent, he is provided with guarantees and compensations, which are indicated in the labor law as mandatory. These include:

1. Preservation of the workplace and position. The employee has no right to transfer to another position or to be dismissed at the initiative of the employer (if this is not the liquidation of the enterprise).
2. Preservation of wages. During the trip for an employee, the average earnings remain. If a citizen works part-time, then the payment of travel expenses, as well as the preservation of earnings, falls on the organization that sent him on a trip. If the employee is sent on a business trip by both organizations at once, then the salary should be kept both in the main place and in combination.
3. Compensation for travel expenses. Such reimbursements include: travel expenses, accommodation expenses, additional expenses and expenses that are allowed to the employee with the consent and knowledge of the employer.

A special procedure for reimbursement is provided for those employees who work on a rotational basis. Since this way of working for them is permanent, instead of the daily subsistence allowance, they are paid extra to the basic tariff rate.

Moving in

Guarantees and compensation in the labor law are briefly described and for moving to work in another locality.

Moving is usually associated with various expenses, and the employer must refund them. The following shall be reimbursed:

• Expenses for the transfer of the employee and his family, as well as the transportation of the main property (unless the employer provides the necessary means of transportation for the employee);
• The cost of the arrangement in a new place.

The amount of compensation must be agreed between the parties in writing.

Military duty

Guarantees and compensation in the labor law are provided for citizens fulfilling military obligations. Such persons may be exempted from work with the preservation of their place of work and average earnings (during military gatherings), receive reimbursement related to the hiring of housing, payment for relocation or travel from home to work, to receive business trips for the time of medical examination, examination or treatment for the purpose of staging On military registration, preparation for conscription or military service.

If the costs incurred due to the implementation of the law on military obligations incurred by the organization, then their compensation is made from the federal budget.

Combining study and work

Guarantees and compensations in the labor law and for employees combining study and work are regulated. These include:

• Educational leave (can be provided on the basis of a certificate-call from the educational institution).
• Reduction of the working day.
• Compensation for travel.

Guarantees and compensation can be provided if:

• The institution has state accreditation;
• The employee timely fulfills the norms of the curriculum, has no debts for semesters, performs all the assigned works on time;
• The employee has never before received higher education.

If an employee is educated in several institutions at once, then the payment is provided in connection with training in one of them.

If an employee studies in absentia, the employer pays his way once a year. At the request of the employee, who studies in absentia or in the evening form, he can reduce the working week by seven hours for ten months before preparing for the thesis or passing the state examinations.