Labor Relations- this is a relationship based on an agreement between an employee and an employer on the employee’s personal performance for payment of a labor function, the employee’s subordination to internal labor regulations while the employer provides working conditions provided for by law, collective agreement, agreements, and employment contract.
Characteristic features of labor relations:
1) the presence of special entities - the employee and the employer, who have the rights and obligations provided for by labor legislation, collective and labor agreements;
2) the volitional nature of labor relations, since they arise on the basis of the will of the parties and a voluntary agreement between the employee and the employer;
3) performing certain work - work in a certain position, specialty, profession or other regular work determined by agreement of the parties;
4) personal performance by the employee of a labor function;
5) paid nature of labor relations;
6) state and collective protection of labor relations;
7) the ongoing nature of the relationship;
8) inclusion of the rights and corresponding obligations of the parties in labor relations.
Types of labor relations:
1) labor relations arising on the basis of an employment contract;
2) labor relations arising on the basis of an employment contract as a result of election (elections) to a position;
3) labor relations arising on the basis of an employment contract as a result of election by competition;
4) labor relations arising on the basis of an employment contract as a result of appointment to a position or confirmation in a position.
Reasons for occurrence:
1) employment contract;
2) an employment contract as a result of:
a) election(s) to a position, if this involves the employee performing a certain job function;
b) election by competition to fill the corresponding position, if the normative act, the charter of the organization determines the list of positions to be filled by competition and the procedure for competitive election to these positions; c) appointment to a position or confirmation to a position in cases provided for by law, other regulatory legal act or charter (regulations) of the organization;
d) assignments to work by bodies authorized by law against the established quota;
e) a court decision on concluding an employment contract;
f) actual admission to work with the knowledge or on behalf of the employer or his representative, regardless of whether the employment contract was properly drawn up.
Parties to labor relations - employee and employer.
Worker- individual who has reached the age of 16, since in order to enter into labor relations a citizen must have legal capacity to work, which begins at the age of 16.
Employer- an individual or legal entity (organization) that has entered into an employment relationship with an employee. Citizens over 18 years of age, peasant (farm) households, trade unions, and legal entities can act as employers.
The rights and obligations of the employer in labor relations are exercised:
- an individual who is an employer;
Management bodies of a legal entity (organization) or persons authorized by them.
For the obligations of institutions financed by the owner (founder) arising from labor relations, the owner (founder) bears additional responsibility.
Definition of labor relations
Definition 1
Labor Relations - These are social communications. They are based on an agreement concluded between an employer and an employee, according to which the former undertakes to perform some work for a fee guaranteed by the latter. Some kind of interaction between these subjects must be carried out in compliance with the laws established by the state. The employer can be both an individual and entity. Only an individual is a hired employee.
Labor relations are those communications that are carried out in accordance with a written contract concluded between the employer and the employee. Oral contracts between employee and employer are not permitted in most countries.
The importance of a written contract is necessary, as it presupposes sufficiently high protection of employees from possible dismissals. The content of such legal relations most often boils down to the fact that the hired employee undertakes to perform work in his specialization.
Carrying out labor activity involves the subordination of a specialist to the internal labor regulations established in the organization. An organization may adopt a collective labor agreement; it indicates that a person has additional rights and responsibilities.
Labor relations often include:
- relations between employer and employees;
- between managers and subordinates;
- between workers and the labor collective;
- between administration and staff.
Labor relations are formed under the influence social environment, they are dependent on the actions of management structures, whose task is to ensure compliance with the principles of constructive partnership, as well as the construction and constant maintenance of labor relations on the basis of mutual business cooperation.
The parties to the collective agreement may provide for the specification and further development of social partnership and trilateral cooperation on issues of social and labor relations.
Principles of social and labor relations:
- voluntariness and equality of the parties;
- mutual respect for their positions.
Social and labor relations are a system of mutual agreements, compromises, agreements and contracts between employers and employees with the participation of a third party, that is, the state.
Social partnership relations are of a collective nature, since they are based on the collective interests of trade unions, shareholders, and enterprise unions.
Subjects and objects of labor relations
Some researchers have identified subjects and objects of labor communications. Subject- This is actually the employer and the employee. Object The same is the professional knowledge, skills, and personal qualities of an employee that allow him to realize himself in the workplace and meet the needs of the employer. The employer pays primarily for them.
Quite a lot important role in social and labor relations the state occupies the position (Fig. 1).
Picture 1.
Based on the diagram, when concluding a legal contract, it is necessary to indicate how many persons of a certain party take part in the labor relationship. Based on these characteristics, it is already compiled wage for an individual or a group. As for quality, it is worth noting that the higher the qualifications of an individual or a team, the higher the value of such work on the stock exchange.
Regulation of labor relations
Regulation of labor relations can be carried out by concluding, supplementing, amending collective agreements, agreements, employment contracts in accordance with labor laws.
Collective agreements, agreements, and employment contracts cannot contain conditions that will lead to a decrease in the level of rights and guarantees of employees, as established by labor legislation.
If such conditions are included in a collective agreement, employment contract or agreement, then they cannot be applied.
It was noted that the collective agreement includes five provisions:
- norms and obligations that regulate working conditions, length of working time, payment, rest time, labor conditions and safety, labor benefits;
- rules that regulate social services workers;
- norms and obligations that regulate relations closely related to labor, employment issues and the provision of benefits upon dismissal from the enterprise;
- rules for making changes and additions to the collective agreement, the procedure and timing for monitoring the implementation of the agreement;
- obligations and regulations that relate to social security and health insurance workers.
Regarding the signing of a collective agreement, attention is drawn to representatives of the administration and the trade union, who are directly the executive person certifying the documentation.
Figure 2.
Modern practice of labor motivation and labor relations
A notable phenomenon in the field of labor relations and labor motivation in developed countries has become the development of economic democracy as a process, on the one hand, continuing many years of efforts to optimize management models in the economy, and on the other hand, with the goal of harmonization social relations in production and in society. Economic democracy can be characterized as a system that includes the democratization of firm ownership in the form of involving workers in its ownership, as well as the participation of workers in the management of the firm in the form of both granting them significant production autonomy and representation of ordinary workers (or trade unions, where they exist). ) in the management structures of the company; control (at least within certain limits) by employees over the activities of the administration, giving them the right to vote when making key production decisions. Important elements of economic democracy in a company can also be considered regular informing of employees about the situation in the company, the presence of a permanent system of training and retraining of personnel, the use of personal additional income depending on the profitability of the company, the creation of “quality circles” and other forms of active participation of employees in the affairs of their company.
Note 1
This approach is based on the concepts of a number of American economists, sociologists and psychologists (F. Herzberg, D. McGregor, etc.), who declare, first of all, the thesis of the need for social and production activity of the worker, the importance of the labor content factor for the full development of potential people in production. In general, it can be argued that in many Western companies the process is underway transition from a rigid labor management model, a control model based on Taylor’s concept, to a participation model based on modern concepts“quality of working life”, “enrichment” and “humanization of work”.
1.
Labor relations are a type of social relationship
wearing. They are added up when a citizen is included in the labor force.
process for performing certain work with personal labor for remuneration
work and with its subordination to the internal labor regulations.
In the Labor Code of the Russian Federation (Article 15) employment relationship is defined as a relationship based on an agreement between an employee and an employer“on the personal performance by an employee of a labor function for pay (work in a certain specialty, qualification or position), the employee’s subordination to the internal labor regulations while the employer provides working conditions provided for by labor legislation, a collective agreement, agreements, and an employment contract.”
As reasons emergence labor relations, according to Art. 16 Labor Code Russian Federation, performs employment contract, concluded between the employee and the employer in the manner prescribed by law.
The conclusion of an employment contract and, accordingly, the emergence of labor relations in accordance with the law may be preceded by: a) election (elections) to a position; b) election by competition to fill the relevant position; c) appointment to a position or confirmation in a position; d) assignment to work by bodies authorized by law against the established quota; e) court decision on concluding an employment contract, etc.
Parties to labor relations are worker, i.e. an individual who has entered into an employment relationship with an employer, and employer. An employer can be either an individual or a legal entity - an organization that has entered into an employment relationship with an employee.
2. Labor relations are closely related to a number of other related
with them, social relations. This is an employment relationship.
and employment, relationships vocational training directly
especially in production, relations for advanced training at
production, relations on consideration of labor disputes and supervision
for compliance labor legislation. Each of the mentioned common
relationship has its own specific features.
Employment and employment relations arise in connection with the search suitable job citizens who lost their jobs or did not have one. These relations are regulated by the Law of the Russian Federation of April 19, 1991 168
“On employment in the Russian Federation”, as well as the Labor Code of the Russian Federation of December 21, 2001 (Article 2).
Employment relations represent a unity of three interrelated, but different types relations: a) the relationship between the employment agency and the citizen who applied in search of work; b) between the employment agency and the organization selecting workers; c) between a citizen and the organization where he is sent to work.
The relationship between the employment agency and the citizen arises only when the citizen applies for employment. The employment authority must consider this application.
The relationship between the employment agency and the organization selecting workers is as follows. The organization informs the employment authority of its needs for labor of a certain specialty and qualifications. Next, the organization either concludes an employment contract with citizens who have received a referral from the employment service for a vacant job, or in case of refusal to conclude a contract with the employed citizen, gives a reasoned response to the employment service.
Relations for professional training directly in production (apprenticeship) arise as a result of the conclusion of a “student agreement” between students and the organization. According to this agreement, the organization undertakes to provide individual, team or course training for students of a certain specialization and qualifications. In accordance with labor legislation, the organization is obliged, upon completion of training, to provide students with work in their newly acquired specialty. The students, in turn, undertake to work at the given enterprise in their acquired specialty after completing their training.
The apprenticeship relationship ends upon completion of the training period, passing qualifying exams and the emergence of labor relations.
Apprenticeship relationships have a number of features, namely: they are urgent in nature (terms of apprenticeship); arise on the basis of a special agreement (student agreement); During the learning process, students directly participate in the production process; apprenticeship relationships cease with the emergence of employment relationships among former apprentices.
Relationships for advanced training directly in production are accompanying. Their subjects are employees and organizations with which they are in labor relations. The relationship in question arises on the basis of an agreement on advanced training between the employee and the organization.
Organizational and managerial legal relations- these are relations arising regarding the organization of labor at the enterprise; participation of employees in enterprise management; establishing working conditions and applying labor legislation. The purpose of these relations is to develop and adopt local regulations and decisions. The subjects of organizational and managerial legal relations are employees, on the one hand, and the employer, on the other. The content of the relationship consists of the rights and obligations of subjects associated with the development, discussion and adoption of local regulations.
The initiative for this process should come from the administration, since it is to it that the legislation assigns the main responsibilities for organizing production and labor processes.
However, the basis for the emergence of these relations is the expression of the will of the entire workforce, represented by a trade union or other authorized workforce, and the employer. The basis for termination of organizational and managerial legal relations is the cancellation of a previously adopted normative act or the adoption of a new one.
The next important group of legal relations is relations for the consideration of labor disputes(except for disputes regarding the dismissal of an employee). These disputes may arise between parties to labor relations, for example, when concluding collective agreements. The subjects of these legal relations are the parties to the dispute and the bodies authorized to consider them. The basis for the emergence of relations for the consideration of labor disputes is the employee’s appeal to the labor dispute commission (LCC) or to the court with a demand to restore the violated labor law.
New edition of Art. 16 Labor Code of the Russian Federation
Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with this Code.
In cases and in the manner established by labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulations) of an organization, labor relations arise on the basis of an employment contract as a result of:
election to office;
election by competition to fill the relevant position;
appointment to a position or confirmation in a position;
assignments to work by bodies authorized in accordance with federal law against the established quota;
court decision on concluding an employment contract;
paragraph seven is no longer valid;
recognition of relations associated with the use of personal labor and arising on the basis of a civil contract as labor relations.
Labor relations between an employee and an employer also arise on the basis of the employee’s actual admission to work with the knowledge or on behalf of the employer or his authorized representative in the case where the employment contract was not properly drawn up.
The actual admission of an employee to work without the knowledge or instructions of the employer or his authorized representative is prohibited.
Commentary on Article 16 of the Labor Code of the Russian Federation
Article 16 of the Labor Code of the Russian Federation enshrines one of the most important norms of labor law. According to this article, labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the Labor Code of the Russian Federation.
Federal Law N 90-FZ supplemented Article 16 of the Labor Code of the Russian Federation with Part 3, according to which labor relations between an employee and an employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of his representative in the case where the employment contract was not proper manner decorated.
We can say that this rule was enshrined in order to protect the rights of workers. A common situation today is when an employer does not conclude an employment contract with employees in order to delay or not pay wages in the future. The content of such a norm in Article 16 of the Labor Code of the Russian Federation gives employees grounds to sue an unscrupulous employer, even if the employee worked without proper “paperwork”.
Another comment on Art. 16 Labor Code of the Russian Federation
1. In connection with the freedom of labor proclaimed in our country (Part 1 of Article 37 of the Constitution of the Russian Federation) and the prohibition of forced labor (see Article 4 of the Labor Code of the Russian Federation and the commentary thereto), labor relations between an employee and an employer can arise only in the force of their voluntary agreement, based on the free will of each party. By virtue of this Art. 16 of the Labor Code of the Russian Federation speaks of an employment contract as a universal basis for the emergence of labor relations for any type. In practical terms, this means that the work of each employee, applied within the framework of relations that have signs of labor relations (see Article 15 of the Labor Code of the Russian Federation and the commentary thereto), must be accompanied by the conclusion of a written employment contract without fail (see Article 67 of the Labor Code RF and commentary to it). In turn, the absence of such an agreement should be considered in each specific case as a violation of labor legislation with all the ensuing negative consequences for the employer (see Article 419 of the Labor Code of the Russian Federation and the commentary thereto).
2. From a legal point of view, an employment contract is a law-forming legal fact, whose content forms the mutual expression of will of the employee and the employer, with which the law connects the emergence of labor relations filled with the rights and obligations of its parties (see Articles 21, 22 of the Labor Code of the Russian Federation and commentary to them).
By general rule an employment contract is a self-sufficient basis for the emergence of any labor relations. At the same time, a law, other regulatory act or charter (regulation) of an organization may complicate the employment procedure in relation to some employees and employers by establishing procedures preceding or accompanying the conclusion of an employment contract, including the performance of certain actions that have the properties of legally significant acts. In some cases, these acts, together with the employment contract, form the so-called complex factual composition, which is a set of individual legal facts occurring in a certain sequence. The last in the chain of these facts is usually an employment contract, with the conclusion of which the formation of a complex factual structure is completed, giving rise to an employment legal relationship connecting the employer with a specific individual who has acquired the status of an employee.
The Labor Code establishes six such complex compositions. Three of them (election to a position, election by competition and appointment or confirmation to a position) are regulated by separate articles of the Labor Code of the Russian Federation (see Articles 18 - 19 of the Labor Code of the Russian Federation and commentary thereto), and three others (assignment to work by those authorized by law authorities against the established quota, a court decision on the conclusion of an employment contract and the actual admission of a person to work) are not regulated by separate articles.
3. A complex factual composition, including an act of assignment to work, is usually used in cases where the employer is assigned a legal obligation to hire representatives of a certain category of individuals against the established quota. Most often, this measure is used to ensure employment of persons who have a obviously reduced competitiveness in the labor market. It, of course, does not always take into account the interests of the employer, since it limits his freedom in choosing the employee he needs. However, in this case, priority is given to the interests of society.
Federal legislation included among these persons, for example, people with disabilities. In accordance with Art. 21 Federal Law dated November 24, 1995 N 181-FZ "On social protection disabled people in Russian Federation"For organizations with more than 100 employees, the legislation of a constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4%).
Regional legislation supplements the list of such persons with other categories of citizens, who, as a rule, also experience difficulties in finding a job and therefore need increased social protection. For example, Moscow Law No. 47 of November 12, 1997 “On quotas for jobs in the city of Moscow” (Moscow Duma Bulletin, 1998. No. 2) established a quota for hiring orphans and children without parental care; Law of St. Petersburg dated October 8, 1997 N 161-53 (as amended on October 30, 1998 N 230-49; February 23, 2001 N 118-16; December 21, 2001 N 855-113) " On quotas for jobs for youth employment" (Vestnik Legislative Assembly St. Petersburg. 1997. N 12; 1999. N 1; 2001. N 4; 2002. N 2) provides for the approval of an annual quota for hiring graduates of general educational institutions, educational institutions of primary and secondary vocational education, graduates of higher education educational institutions, citizens dismissed from military service on conscription, as well as persons under 18 years of age who are especially in need of social protection and have difficulty finding work.
4. Part 2 art. 16 provides for the possibility of labor relations arising on the basis of a complex factual composition, one of the elements of which is a court decision on the conclusion of an employment contract.
This actual composition is formed if there is following conditions: a) unjustified refusal to hire a specific person (see Article 64 of the Labor Code of the Russian Federation and commentary thereto); b) appeal by this person in court against the fact of refusal to conclude an employment contract (see Article 391 of the Labor Code of the Russian Federation and the commentary thereto); c) a court makes a decision to force a specific employer to conclude an employment contract with the relevant person.
Based on a court decision, the employer must enter into an employment contract with a person whom they previously refused to hire. At the same time, it must be borne in mind that the court, when making this decision, does not determine the specific content of the relevant employment contract. In this regard, the question arises: on what terms should such an employment contract be concluded? There is no clear answer to this for the reason that the situation preceding an unreasonable refusal to hire a person may be completely different in each specific case.
At least two are possible starting positions, which determine the method of filling out specific conditions for the content of an employment contract concluded on the basis of a court decision. Thus, if an unjustified refusal to hire took place when the employer had previously announced the specific conditions of the employment contract, then these conditions should form the content of the contract concluded on the basis of a court decision.
However, this situation is quite rare. Much more often a person comes to get a job with only the most general information, characterizing the labor required by the employer and the amount of its payment. Finding themselves in such a situation, the parties, in compliance with the court’s decision, must actually come to an additional agreement regarding all, except those known at the time of the initial attempt at employment, the terms of the employment contract. Minimum set These conditions are determined by Art. 57 of the Labor Code of the Russian Federation (see commentary to it). At the same time, the starting points that determine in this case the maximum limits of the employee’s claims and the corresponding level of the employer’s responsibilities should be the standard working conditions of employees performing similar labor functions for a given employer. In the event that the employer does not have such employees, it is necessary to focus on normal conditions labor, characteristic of employment contracts for workers of a similar specialty, qualification or position in the same area.
This statement is based primarily on the content of Art. 3 of the Labor Code, which prohibits discrimination against an employee in comparison with other workers (see Article 3 of the Labor Code of the Russian Federation and commentary thereto), and, in addition, on the provisions of Part 5 of Art. 2 of the Labor Code, which establishes the employee’s right to fair working conditions, and such, in relation to the described case, should be recognized as the most common conditions of employment contracts concluded with employees of the corresponding professional category at the employer or in the given locality.
Particular attention should be paid to the fact that in the absence of an agreement to the contrary, the date of entry into force of this agreement must be considered the day the employer refuses to conclude an employment contract with the employee.
5. As a general rule, the conclusion of an employment contract must precede the use of labor of any employee (see Articles 63 - 71 of the Labor Code of the Russian Federation and commentary thereto). However, in the last part of Art. 16 of the Labor Code of the Russian Federation, one exception is made to this rule, due to which the act of admission to work, included in the complex factual composition that gives rise to labor relations with a specific person, always precedes the conclusion of a contract.
To recognize this act as an element of a complex factual composition that gives rise to labor relations, certain conditions must be present. Thus, it is required that admission to work be carried out by subjects authorized to perform such actions (see Part 2, Clause 12 of the Resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2). In turn, such entities should include: a) the employer himself, if he is represented by an individual; b) persons who are entrusted with the functions of individual or collegial bodies of the employer-organization and whose competence includes the authority to hire; c) other persons, although not authorized to hire, but acting at the time of the person’s actual admission to work on direct instructions or with the knowledge of the employer himself or his authorized representative.
All these persons, in most cases, are representatives of the employer’s management personnel, who are directly entrusted with the function of staffing the latter’s activities. Employees who are not management personnel, as a general rule, cannot and should not be considered as persons officially representing the employer and, therefore, capable of performing any legally significant actions for him.
At the same time, in practice, the question often arises about the consequences of admitting a person to work by a representative of the organization’s management personnel, who formally did not have the necessary powers for this and therefore acted in conditions of actually exceeding his competence without the knowledge or without a special order from the employer. At the same time, this situation can be characterized by the fact that the employee allowed to perform a particular job had every reason to perceive the corresponding manager as an official representative of the employer who has the necessary authority to carry out such actions. In other words, in practice, a situation is possible in which an employee starting work might not know and should not have known that the act of admitting him to work by a representative of the organization’s management occurred in the absence of prior approval from the competent entity (body or person), authorized to represent the employer in employment relations.
When resolving this issue, it is necessary to be guided by the following considerations.
Labor organization and labor management are the functions of the employer that arise from its economic situation user by factors included in his economic sphere. The employer carries out these functions at his own risk, the consequence of which is the burden of negative business results placed on him and liability to third parties for actions (inaction) committed by his employees in the performance of their job duties.
The employer can perform its functions of organizing and managing labor effectively and ineffectively. If executed effectively, it accepts the necessary local regulations, including internal labor regulations, which give everyone who is hired a clear idea of the procedure for hiring and firing employees, their basic rights and responsibilities, the competence of managers, etc. In such conditions, it is practically impossible for a situation to arise characterized by the involvement of those managers in employment relations who do not have the necessary powers to do so. In addition, a person entering work in such an organization always has the opportunity to obtain from the contents of the same internal labor regulations complete information about the circle of managers legally authorized to carry out these relations meaningful action. Thus, if the employer took the necessary actions to eliminate the conditions for the occurrence of the situation described above, but it still occurred as a result of improper performance of duties by a specific manager and the non-use by the person applying for work of his right to receive reliable information required to make a decision about applying for a job for this employer, the latter should not be recognized as a party to labor relations in the emergence of which he was actually not involved.
A different situation arises when the employer ineffectively performs its functions of organizing labor and managing the work of its employees. In this case, the employer may not have any local regulations at all establishing the scope of competence of specific managers and a clear procedure for hiring. Under these conditions, each person who comes to work for the relevant employer is initially deprived of the opportunity to obtain a clear understanding of the real powers of the person who negotiated with him about applying for a job and allowed him to work. Since any employer must be responsible for the risk of negative consequences from the ineffective organization of labor of its employees, the actual admission to work of a specific person in a given situation should be considered as a legal fact included in the complex factual composition, which is the proper basis for the emergence of labor relations.
It is this interpretation of actual access to work that should put an end to the abuses of employers’ rights in the field of employment that have become increasingly widespread in recent years, due to which they, as a result of deceiving employees, find themselves free from fulfilling all their duties to them. This negative practice has developed, for example, in the construction sector of the economy, in which the search and supply of workers to specific construction organizations often carried out by so-called recruiting firms. They, without concluding employment contracts and therefore not bearing any responsibility for their activities, direct job seekers persons for specific construction projects. At these sites, negotiations about work and actual admission to work are carried out by the managers of these works, who, by virtue of the statutory or local regulations of their organization, obviously do not have the necessary powers, which the workers, of course, do not know. At the same time, of course, they do not enter into any contracts with those invited to work, citing various reasons (temporary absence of an accountant, the organization’s seal, emergency (emergency) of the situation, etc.). The result of this pattern of employer-employee relations is often the employer’s refusal to recognize them as such, and the actual impossibility of the latter to win lawsuits due to their admission to work as formally unauthorized persons.
In addition to the above arguments, the courts could be guided in such situations by the idea of the employer’s responsibility for the actions of its management personnel (as well as any of its other employees) and make decisions on the actual emergence of labor relations with persons who, based on the evidence presented to the court, actually performed certain work in the interests and benefit of a specific employer.
When determining the content of such employment contracts and the date of their entry into force, one should be guided by the considerations set out in the previous paragraph of the commented article.
- Up
Implementation (implementation) technological process in practice it is called conducting technical process. Technical process management is a complex system socially significant connections between the employer and employees in the production cycle of obtaining semi-finished products, products, goods, providing services, performing work. This system constitutes the content of the labor relationship.
Labor relations are mediated by social norms, including labor legislation. Production teams also have customs, traditions, and norms. public organizations, for example religious.
- these are rules of behavior of people established by certain structures of civil society, the state, provided with a socially significant mechanism for implementation. Among them we should highlight system of social and labor standards, which program the behavior of participants in the labor process, in particular the employer and employee.
Social and labor standards contain information about the rules in which a variant of socially significant possible or mandatory behavior of an employee and employer in an organization is programmed, pre-set, as well as the consequences of non-compliance with these rules. The application, execution, and use by participants of joint labor subordinate to the employer of social and labor standards is usually called their implementation.
In the Labor Code of the Russian Federation, labor relations are defined as relations based on an agreement between an employee and an employer on the personal performance by an employee of certain work for a fee under the conditions provided for by local standards and labor legislation (Article 15).
Parties of the employment relationship
The parties to the labor relationship, as a rule, are the employer and the employee, or less often a group of employees. Back in Art. 30 of the Code of Laws on Labor of the RSFSR (hereinafter referred to as the Labor Code of the RSFSR) of 1922, it was stipulated that labor relations can arise with the employer both “with individual lindens and with groups of them (artels, etc.).”
The definition of the side of the labor relationship is enshrined in Art. 20 Labor Code of the Russian Federation. Employer - an individual or legal entity (organization) that has entered into an employment relationship with an employee. Worker - an individual who has entered into an employment relationship with an employer.
The content of the labor relationship in the literature is called set of rights and obligations of its parties. It would be more accurate to talk not about a summative combination of rights and obligations, but about their system. Any work relationship is social system, consisting of certain elements, parts. It would be a mistake to consider it as a stable combination (union) of elements. Moreover, if its elements include the rights and obligations of the parties. The fact is that the labor relationship as a system is dynamic and discrete. Its stability can only be judged over a certain period of time. In practice, the parties to the employment relationship permanently acquire new rights and obligations, and existing ones are partially or completely extinguished. This largely depends on the technical process of labor (main and additional). The employer not only improves the technical process, but also, depending on the purpose of production, replaces the object, tools, changes workers, sets daily tasks for them that they must solve within production cycle or a separate operation. Depending on this, the range of responsibilities of the employee, the scope and content of the employer’s requirements that he places on the employee change.
Maintaining a technical process in an organization is not an abstraction, but a reality that determines the content of the labor relationship. This is a specific relationship between the employer and his subordinate employees. From this perspective, they should constitute the content of the labor relationship. The rights and obligations of the parties in the labor relations system play a role social mechanism, which provides the dynamics of this relationship.
Actual content The labor relationship is objectified in the employer and the employee: labor actions (inaction), interaction in the production process, labor actions and misconduct, which are one way or another mediated in social and labor standards, including labor legislation.
Labor action - this is a legal form of manifestation labor activity participants in hired labor, which involves the employee using an object and a tool of labor necessary for its processing in order to obtain a production result programmed by the employer. This is the active, effective participation of the employee in the conduct of the technical process under the instructions and under the control of the employer and his representatives.
Labor inactivity is also important element process of hired labor. It must be distinguished from an offense. When manufacturing goods, performing work, or providing services, current labor legislation, local regulatory legal acts, including technical process documents, provide for prohibitions, the meaning of which boils down to the employee’s compliance with rules prohibiting him from performing certain labor actions.
Labor inaction, as well as labor action, is the lawful behavior of an employee, ensuring the efficiency and effectiveness of his participation in the conduct of the technological process.
Labor interaction subjects of hired joint labor - a special legal form of labor activity. Labor interaction presupposes the cooperation of equal status participants in the production process. It arises, develops and is implemented according to the “employee - employee” or “representatives of employees - employer (its representatives)” scheme. Labor interaction is manifested in coordination, mutual assistance, and interchangeability of workers when necessary in the course of their work activities. In local regulatory legal acts ( job descriptions, provisions on structural divisions organizations, etc.) often provides a special section on the relations of officials with other employees equal to them in status. In the last century, for everyone, and now for the middle and large enterprises provisions on such relations are enshrined in special acts on competition between workers and teams, in provisions on mentoring, etc.
Labor misconduct unlike other types of work activity, violates the requirements of labor law standards. This is usually a deviation (deviation) from the organization, non-fulfillment or improper performance by an employee of his work duties. A labor offense that entails the use of preventive and protective measures by the employer is not always a labor offense by the employee. The release of defective products, for example, may become grounds for removing an employee from further performance of the work assigned to him. But the reasons for the defect may be the negligence of the technician who repaired the machine, the supply of low-quality raw materials, and the use of low-quality tools.
Therefore, social and labor standards regulate not abstract ones formulated by science, but concrete in form and content connections that arise in the process of wage labor. They constitute the content of the labor relationship, which is completely understandable to the employee, the employer, the student, and the teacher, which takes on “flesh and blood” in the forms of labor activity, in specific labor actions, interactions, labor actions and misdeeds.