Article 22 of the Labor Code of the Russian Federation. Basic rights and obligations of an employer

Basic rights of an employee

When hired, a citizen enters into an employment contract with the employer. This is an agreement that reflects essential and additional terms. Without essential conditions, a contract cannot be recognized as legal, therefore their reflection in its text is mandatory. The essential conditions are:

term;
salary;
functions performed by the employee;
place of work.

The absence of additional conditions for legal consequences does not lead to the illegality of the transaction. But, as a rule, they are still included in the text, since they help to better understand the essence of the relationship between the parties. The basic rights and responsibilities of an employee are determined by Art. 21 Labor Code of the Russian Federation:

conclusion, modification, termination of a contract with an employer;
receipt of wages in full, other payments not included in it;
workplace agreed upon by the terms of the agreement;
vacation;
reliable, up-to-date information regarding wage conditions;
participation in trade unions, their creation in the organization;
protection of labor rights;
compulsory insurance;
compensation for damage caused by the employer.

This list of rights (not closed) applies to employees of the organization.

Employee and employer - who are they?

Labor relations are the relationship between two subjects of law: the employer and the employee. The connecting element in this relationship is the employment contract, which agrees on the terms of participation of the employee and the employer in each other's working life.

According to current legislation, an employee is a citizen over 16 years of age who provides labor services to the employer and receives a salary for this. In some cases, subject to legal guarantees, it is permitted to employ employees under 16 years of age.

An employer is either an organization or a citizen who has entered into an employment contract with an employee. A citizen employer can be an individual entrepreneur or a lawyer or notary. In addition, the right to enter into employment contracts is granted to individuals who do not have any professional status if hiring an employee is necessary for personal services and household help.

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

Rights and obligations on behalf of the employer are exercised either directly by the citizen, or by the governing body of the legal entity or by an attorney from the organization authorized to do so.

Main responsibilities of the employee

If an employee is endowed with rights, then he also has responsibilities. They are:

compliance with labor laws;
compliance with labor safety standards;
conscientious performance of labor duties;
compliance with labor standards;
careful handling of property owned by the employer.

In addition, the employee’s responsibility in the field of labor law is to comply with internal labor regulations.

Parties to labor relations

In our country, labor relations are considered to be cooperation that arose on the basis of an officially concluded agreement. The parties to such relationships will always be employees and their managers. It is important to remember the following basic nuances:

The role of an employee is always an individual.
As for the employer, his role can be played by both individuals and legal entities. The latter include official representatives of various organizations, companies and institutions. If we talk about individuals, their role is played by citizens who were previously registered with the tax authority as individual entrepreneurs. In accordance with current regulations, it is entrepreneurs who have the legal right to hire other employees. In this case, the entrepreneur will be a full-fledged employer, with rights and obligations assigned to him.

In all of the above situations, the main documentary evidence of the emergence of official relations will, of course, be the employment contract concluded by the parties. Depending on some additional conditions and aspects, various types of employment agreements may be concluded with employees, for example:

an employment contract without a limited period of validity. This type of agreement can rightfully be called the most common. It occurs in cases where the employer and his subordinate do not have a clear idea regarding the duration of the professional relationship that has arisen between them. However, it must be remembered that the subordinate will still have the right to dismiss at any time. He will be able to use it immediately as soon as such a desire arises;
an employment agreement with a clearly limited period of validity. This type of agreement is less common, but it can still be found quite often in modern practice. Its main feature will be its limited validity period. It should be remembered that such an agreement can be concluded between the parties to the employment relationship only if there are truly compelling legal grounds for this. If they are absent, the employer will be obliged to enter into an open-ended employment agreement with the new subordinate.

After the emergence of official professional relations, their further regulation will be carried out on the basis of the following important regulations:

current provisions of modern labor legislation. Not a single action of a superior or his subordinate should contradict existing rules of law;
provisions of internal local acts that were developed and adopted within a particular organization. Each institution must have its own internal labor regulations, which are mandatory for all employees. The employer, in case of violation of these rules, will have legal grounds for applying the prescribed penalties to the guilty persons;
the content of other norms that are directly related to the order and features of modern professional cooperation. This may include not only labor law provisions, but also some other norms, for example, provisions on fire safety, labor protection in our country, etc.

The main responsibilities of employees in accordance with labor laws

The main job responsibilities that will be assigned to absolutely every employee, regardless of his position, as well as other factors, include the following:

Conscientious performance of labor functions that were established for the employee by the provisions of his job description, as well as other local documents.
Strict compliance with current internal labor regulations. This may include: coming to your workplace, as well as leaving it at a strictly established time, lunch and other breaks in accordance with the schedule, etc.
Compliance with current rules in the field of labor protection and work safety in this organization. These provisions may vary somewhat, depending on the specific organization, the direction of its activities, etc. For example, work in some positions requires employees to use personal protective equipment. In this case, ignoring such a rule by a subordinate will be a serious violation. The direct responsibilities of the manager will include the removal of this employee from the performance of his professional functions.
Careful attitude towards the employer’s property, which was entrusted to the employee for temporary use. Such property can include a variety of things, from a computer to complex working mechanisms with which an employee interacts. It should always be remembered that causing material damage to the employer can become a serious basis for the subsequent imposition of various measures of liability against the employee. In particular, the subordinate may be obligated to provide monetary compensation for damage caused.
Immediately providing the employer with information about various violations that were committed by other employees, as well as about emergency situations, if any occurred at the workplace.
Timely and high-quality execution of various instructions from the head of the company, as well as other authorized persons, provided that such instructions relate to the work activity of a particular employee. If this is not the case, the employee will have the legal right to formally refuse to carry out instructions from management.

Internal labor regulations

The protection of internal labor regulations is carried out by the employer. According to Art. 189 The Labor Code of the Russian Federation, internal labor regulations, is a local regulatory act that is subject to the Labor Code of the Russian Federation and other federal laws.

Internal labor regulations are a document that regulates the procedure for hiring and leaving the organization’s employees, their powers, responsibilities, rest and work schedules, incentives, penalties, as well as other issues related to labor relations.

As a rule, this document is an annex to a collective labor agreement, or less often to an individual employee’s contract. The provision that the employee has these rules when concluding a contract is not a mandatory provision. But every employee working at the enterprise must be familiar with the rules.

Term Employer

An employer is a legal entity in the form of LLC, JSC, PJSC, ANO, or an individual entrepreneur (individual) who hires you for a certain position to perform a certain type of work.

The relationship between employee and employer is enshrined by the state in the Labor Code of the Russian Federation.
The employer is obliged to conclude an employment contract with the employee. He is responsible for paying his subordinate wages and is obliged to pay insurance and tax contributions to the appropriate authorities.

Individuals - employers

In accordance with Art. 20 of the Labor Code of the Russian Federation for the purposes of labor legislation, employer-individuals are recognized as:

individual entrepreneurs and equivalent individuals registered in the prescribed manner as individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities in accordance with the Federal Law are subject to state registration and (or) licensing, who have entered into labor relations with employees in order to carry out the specified activities (hereinafter referred to as the employer - individual entrepreneurs). Individuals who, in violation of the requirements of the Federal Law, carry out the specified activities without state registration and (or) licensing, who have entered into labor relations with employees for the purpose of carrying out this activity, are not exempt from fulfilling the obligations assigned by the Labor Code of the Russian Federation to employers - individual entrepreneurs;
individuals entering into employment relationships with employees for the purpose of personal service and assistance with housekeeping (hereinafter referred to as employers - individuals who are not individual entrepreneurs).

Individuals with independent income who have reached the age of 18, but whose legal capacity is limited by the court, have the right, with the written consent of the trustees, to enter into employment contracts with employees for the purpose of personal service and assistance with housekeeping.

At what age can a citizen be an employer?

On behalf of individuals who have independent income, who have reached the age of 18, but have been declared legally incompetent by a court, their guardians may enter into employment contracts with employees for the purpose of providing personal services to these individuals and helping them with housekeeping.

From this age, according to Article 21 of the Civil Code of the Russian Federation, full legal capacity begins. This is a general rule.

However, there may be cases when an individual acts as an employer - an individual entrepreneur even before reaching 18 years of age. Article 21 of the Civil Code of the Russian Federation provides that in cases where the law allows marriage before the age of 18, a citizen who has not reached the age of 18 acquires full legal capacity from the time of marriage. Therefore, individuals who were married before the age of 18 can be employers.

Conditions under which a minor aged 14 to 18 years can become an employer

Minors aged 14 to 18 years, with the exception of minors who have acquired full civil legal capacity, may enter into employment contracts with employees if they have:

own earnings,
scholarships,
other income and with the written consent of their legal representatives (parents, guardians, trustees).

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 in the manner established by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulations.

For the obligations of the employer - institutions financed in whole or in part by the owner (founder), as well as the employer - state-owned enterprises, the owner (founder) bears additional responsibility in accordance with the Federal Law and other regulatory legal acts of the Russian Federation.

Can a citizen whose legal capacity is limited by a court or declared incompetent by a court be an employer?

Article 20 of the Labor Code of the Russian Federation allows the conclusion of employment contracts for the purposes of personal services and assistance in housekeeping by employers - individuals limited by the court in legal capacity or recognized by the court as incompetent. In the first case, individuals have the right to enter into employment contracts with the written consent of the trustees; in the second, on behalf of individuals, employment contracts with employees can be concluded by their guardians. Concluding employment contracts with the written consent of trustees or on behalf of individuals by their guardians is possible if the individual has reached the age of 18 and has independent income.