Labor rights of employers and their duties

The rights of employers, like any other, are numerous. Just like their duties. This topic is very interesting and voluminous. And, one way or another, each of us with her already or will be connected. It will not be superfluous for everyone to know what rights and duties an employer has. Well, it's worth telling about it.

Hire a car

So, the first thing, talking about the rights of employers, it is necessary to note the topic of hiring. A person who is the head of a company, an individual entrepreneur, etc., has the full right to enter into, terminate or change employment contracts with employees. But only in that order and under the conditions established by the Labor Code of the Russian Federation (and other federal laws). He can also negotiate with his team and conclude the so-called Collective Bargaining Agreements. And, of course, to encourage workers for their achievements in the company.

Parallel to this, the employer must provide his employees only with the work that is conditioned by the contract concluded with them. And their conditions are also required to comply. In addition, he is obliged to ensure an adequate level of safety and comfortable working conditions for employees.

On presentation of requirements

Does the employer have the right to force employees to do something? Specifically, in this formulation - no. But he can demand from his employees to fulfill their duties and take care of the property of the company (company, enterprise, etc.). He also has the right to insist on compliance with the internal regulations of the organization. He can also take any local acts. Does the employer have the right to involve his employees in a material and disciplinary manner? Definitely yes. In the same way as creating entire associations of employers in order to protect and represent their own interests.

Together with this, he is obliged to provide his employees with the availability of tools, equipment, technical documentation and other means that are necessary to fulfill certain duties. The fee must correspond to the work, that is, to pay for the work of the employee. Still з / п it is necessary to be paid in time - in the terms established by the Labor Code of the Russian Federation and the Collective agreement.

Responsibility to employees

The employer is obliged to familiarize his employees with the normative acts that are planned to be adopted. He must also consider the representations of trade union bodies. Still - create the conditions that would ensure the participation of employees in the management of the company. Provide for domestic needs, which are related to the performance of labor duties. And to carry out social insurance of each worker is mandatory (as well as compensation for damage caused to employees in the enterprise). Moral harm should also be compensated.

Another employer is obliged to conduct military registration, pay taxes (income and social) and be a member of the management bodies of extra-budgetary state funds.

About the employment contract

This topic should also be noted with attention, telling about the rights of employers. So, the law does not limit them in the selection of specialists. If the head of the organization believes that he needs highly qualified professionals with one or another experience or of a certain age, then please. And indeed, labor contracts differ from each other. One company needs a person with a driver's license, knowledge of three languages 30-45 years. Another company - a specialist at the age of fifty and above, with 20 years of experience. The third enterprise - especially girls and women without children, families and plans for it, but with ambitions and potential. In general, all this is possible.

But discrimination is prohibited. By sex, nationality, race, political or religious beliefs, etc. It is not always observed, but it should.

Violations by employers

Often, people recruiting professionals, for their part, explicit violations or inappropriate attitude towards employees. What is the most frequent in this regard? Discrimination in the place of residence - so it's called. Even often, young professionals or women with young children are denied. On the legislative side, this is considered discrimination. But employers can be understood completely. A person who does not reside permanently in their city can suddenly leave if he needs it. This is a dismissal, and the employer is forced to urgently seek a replacement. Accordingly, it is inconvenient. A woman with young children can constantly ask for or ask for privileges, some even come to work with them, which hinders the work process and violates the comfortable working conditions of the remaining employees. Although here the employer has the right to prohibit such behavior, but in fact the situation as a whole is not comfortable. And regarding the age - it is logical to assume that the employer is afraid to accept an inexperienced employee. So everything is relative in this case.

Deceptions of employers

But there are real violations. Does the employer have the right to allow a person to work without clearance, and then suddenly dismiss allegedly for clarified professional incompetence? This recently occurs often. This is the gratuitous use of labor in some cases and the verification of the potential employee for his quality and ability to work - in others. This is not considered a denial of employment, since in fact a person was allowed to work. But! The first part of Article 61 of the LC RF says that the employment contract is valid from the moment it was signed by the employer and the employee, or from the day when the person was allowed to work with his personal knowledge. And that in the first, that in the second case, dismissal is permissible only when there are grounds provided for by law. Otherwise, it can be appealed, and many people, unfairly dismissed, go to court to restore their rights.

Choosing an employee

The rights of employers are numerous, and, as mentioned above, employers are free to choose a potential employee. But it happens that they deny a person due to the fact that he had a conviction or he was fired, even if by all the qualities he fits. This is also an injustice. By the way, the presence of notorious criminal record and dismissal is not a reason for refusing to work. There is only one restriction, and it is appointed by a court decision. For example, a convicted person may be prohibited from holding any particular position or engaging in any activity. Restrictions on age are also established by law. Take, for example, civil servants. For the position of inspector of the State Traffic Safety Inspectorate accepting examinations, only the person who has 25 or more years can be accepted, and there is an experience of 5 years driving at the wheel + higher education. This is a vivid example.

About the dismissal

The basic rights of the employer were listed at the very beginning. Dismissal is also on their list, but it's worth talking about separately. So, the employer has the full right to terminate the employment contract if the employee has violated it. For example, did not come on time to the enterprise (not a one time event, but on an ongoing basis). Or did not comply with the requirements of the head, which were also stipulated in the contract. Violated the order in the company, committed theft of valuable property, etc. It is clear if a person worked for the benefit of a computer enterprise and stole a laptop, then he will be fired. But if he once was late for half an hour, they can only demand an explanation.

Still the labor rights of the employer give him an opportunity to terminate with the employee of the enterprise the contract without the prevention. But only at least two months before the dismissal and only with the written consent of the employee himself. In this case, the employer is obliged to pay compensation to the employee in the amount of 2-month earnings of a person (except for severance pay and other payments). Is the employer right when he breaks the contract during the period when the employee is on leave or on sick leave? No, it's a violation of rights.

Responsibility of the employer to the state

So, what rights does the employer have - it is clear. Now I would like to say a little about what conditions prescribed by law should be observed. So, the employer is obliged to conclude a labor contract with the person who does not have medical or judicial contraindications to this type of activity or position. For example, if a potential employee has asthma, then he really can not work with chemicals. If the employer took him to work, it is a violation of the law.

Everyone is talking now, everyone needs a diploma. Yes, it is necessary. Because if the performance of work requires certain knowledge in accordance with the law, the potential employee must have a diploma. If it is not, and the employer has concluded a labor contract with such a person - this is a violation. In addition, it is often just dangerous. Nobody after all hires a person without medical education to work as a surgeon?

What problems can arise?

Labor rights and responsibilities of the employer are complex. Too much it contains nuances. For example, sometimes there are labor disputes, in which the employer will have to prove that the reduction in staff or the number of employees is a necessity. Justification is not needed. A proof is required that the reduction should have occurred.

So, the employer has to prove that a particular employee does not have the pre-emptive right to stay at the enterprise as an experienced professional or a person with increased productivity. And if the qualification of the working people is the same, then all the same it is necessary to convince the law that this person has no other advantages declared in the Labor Code of the Russian Federation. And preferences, by the way, are available. So, for example, an employer must give a place to a family person (someone who has two family members or more is dependent). Or a person whose family does not work the rest. Advantages are employees who received an injury or an industrial injury / illness in the course of their activities. The invalids of the Second World War and the fighting are also in the black, as are those individuals who improve their qualifications in the profession without interrupting their official work.

Who can be considered as a potential employee?

The rights of the employee and the employer often overlap. And this is understandable, because they are directly related to each other. One hires another, in order for him to do certain work for money. And who can take in principle?

18-year-olds - that is, those people who have reached adulthood. They must be civilly capable. Juveniles (from 14 to 18) can also be admitted - only with the written permission of their official representatives, who are parents, guardians and trustees. If the adults are restricted by the court in legal capacity, the employer can still accept them - also with the written consent of the parents. But such people can only do personal service or help with housework.