Comment on the terms of the employment contract social studies. The company is changing working conditions

The court considers labor disputes on the application:

♦ about invalidity employment contract in the cases provided for by Art. 22 TC;

♦ employee or employer, if they do not agree with the decision of the Commission on labor disputes;

♦ an employee, if the commission on labor disputes did not consider his application within the established ten-day period;

♦ the prosecutor, if the decision of the commission on labor disputes contradicts the law.

Labor disputes are considered directly in the court on the basis of applications:

1) employees working for employers where labor dispute commissions have not been established;

2) workers who are not members of a trade union, if they have not applied to the commission on labor disputes;

3) employees on reinstatement at work, regardless of the grounds for termination of the employment contract, on changing the date and wording of the reason for dismissal, on payment for the time of forced absenteeism or performance of lower-paid work, with the exception of employee disputes for which a different procedure for their consideration is provided;

4) employers on compensation for material damage caused by employees;

5) employees on the issue of application of labor legislation, which, in accordance with the legislation, was resolved by the employer and the trade union within the limits of the rights granted to them;

6) employees about the employer's refusal to draw up an accident report or disagreement with its content.

Disputes on refusal to conclude an employment contract with:

1) persons invited to work in the order of transfer from another employer;

2) young professionals who have graduated from institutions providing higher or secondary specialized education, graduate students who have completed training in institutions providing postgraduate education, persons who have graduated from institutions providing vocational education, and sent in the prescribed manner to work for a specific employer ;

3) other persons with whom the employer, in accordance with the law, is obliged to conclude an employment contract;

4) persons for discriminatory reasons.

In addition to those listed labor disputes, disputes are also considered directly in court:

Employees who are in labor relations with trade union committees(librarians, accountants, etc.);

Employees working under labor contracts with citizens (domestic workers);

On compensation for material damage to an employee in connection with the untimely submission of documents by the employer to the department social protection for the appointment of a pension, etc.

The court considers labor disputes at the request of employees applying for the protection of their violated labor rights and at the request of the employer for compensation for material damage caused by the employee in the performance of job duties. Cases arising from labor relations may be initiated in court in cases provided for by law upon the application of the prosecutor, as well as at the suit of a trade union acting in defense of the labor rights of its members.

When considering individual labor disputes, employees are exempted from paying court costs.

When deciding whether to initiate proceedings on a labor dispute, the judge is obliged to find out whether Part 2 of Art. 236 of the Labor Code, a mandatory out-of-court procedure for its resolution by the commission on labor disputes *.

The list of disputes established by Part 2 of Art. 236 of the Labor Code and subordinate CCC, is not exhaustive. In particular, such disputes also include disputes: on the payment of average earnings for the time of forced absenteeism or the difference in earnings for the time of performing lower-paid work in connection with illegal translation; on the recovery of wages, including allowances, provided by the system wages; on the amount of earnings accrued taking into account the coefficient labor participation; about the application disciplinary action; about incorrect or inaccurate entries in the work book of information about the conclusion, amendment or termination of an employment contract, if these entries do not comply with the order (instruction) or other documents provided for by law.

If the plaintiff fails to comply with the out-of-court procedure for resolving a labor dispute established by law, the judge refuses to initiate a case (part 2 of article 246 of the Code of Civil Procedure).

Having recognized the refusal to hire as illegal, the court makes a decision obliging the employer to conclude an employment contract, and sets a deadline for the execution of the decision.

The court decision imposing on the employer the obligation to conclude an employment contract cannot affect the content and conditions of the employment contract, which, by virtue of Art. 19 of the Labor Code are determined by agreement of the parties in compliance with the requirements stipulated by labor legislation.

Regardless of who filed a claim - an employee or an employer who disagrees with the decision of the CCC, the court considers this dispute in the order of action proceedings, in which the plaintiff is the employee, and the defendant is the employer challenging the employee's claims.

The employer, employee, legal representatives may apply to declare the contract invalid. underage worker, as well as the prosecutor in the cases provided for by Art. 81 of the Code of Civil Procedure, and other persons in accordance with the rules established by Chapter 11 of the Code of Civil Procedure.

Courts must strictly comply with the established Part 2 of Art. 158 Code of Civil Procedure of the month period for the consideration of disputes arising from labor relations.

When considering cases of this category, the courts should respond to the revealed facts of violation of labor legislation by issuing private rulings.

Draw the attention of the courts to the fact that according to Part 4 of Art. 241 of the Labor Code, employees are exempted from paying state fees and costs for individual labor disputes, including disputes for compensation for moral damage, if they arise from labor relations.

4. Describe the content of the employment contract.

An employment contract, like contracts in general, is an agreement of the parties aimed at establishing, changing or terminating certain rights and obligations.

Article 19 of the Labor Code establishes the following mandatory conditions of an employment contract:

1) data on the employee and the employer who have entered into an employment contract. Information about the employee includes the last name, first name, patronymic, place of residence, passport data or other document proving the identity of the employee. Information about the employer is the full name (if necessary, and abbreviated), the organizational and legal form of the organization, its location;

2) place of work indicating structural unit in which the employee is hired. Place of work means specific organization the enterprise, institution, other employer with which the contract is concluded, located in a certain area on the day the labor contract is concluded;

3) the labor function of an employee (work in one or more professions, specialties, positions, indicating qualifications in accordance with staffing employer functional responsibilities, job description);

4) basic rights and obligations of the employee and the employer;

5) the term of the employment contract (for fixed-term employment contracts). If the term of its validity is not specified in the employment contract, the contract is considered concluded for an indefinite period;

6) the mode of work and rest (if it is in relation to this employee different from the general rules established by the employer);

7) conditions of remuneration (including the amount tariff rate(salary) of the employee, additional payments, allowances and incentive payments).

Additional conditions are conditions allowed by law that do not affect the very fact of concluding an employment contract and are established by agreement of the parties. The terms of the employment contract cannot worsen the position of the employee in comparison with labor legislation, an agreement of any level and a collective agreement.

Additional conditions may be: the establishment of a probationary period, the obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer; establishment of part-time work, business trips etc. When concluding an employment contract, by agreement of the parties, a preliminary test may be established in order to verify the compliance of the employee with the work assigned to him. The test condition must be specified in the employment contract and in the order (instruction) for employment. The term of the preliminary test cannot exceed three months (for a citizen entering the university for the first time). public service, by agreement of the parties, a preliminary test for a period of three to six months may be established). This period does not include the period of temporary disability and other periods when the employee was absent from work. Extension of the period established at the conclusion of the employment contract, even with the consent of the employee, is unacceptable. During the period of preliminary testing, the worker is fully covered by labor legislation.

A preliminary test is not established for:

1) employees under the age of eighteen;

2) young workers (employees) upon graduation from institutions providing vocational education;

3) young professionals after graduation from institutions providing secondary specialized and higher education;

4) disabled people;

5) temporary and seasonal workers;

6) when transferring to work in another locality or to another employer;

7) when hiring on a competitive basis, based on the results of elections;

8) in other cases provided for by law (for example, in accordance with paragraph 4 of article 20 of the Law of the Republic of Belarus "On public service in the Republic of Belarus", a preliminary test is not established when entering the public service by approval, election or by competition). If the probation period has expired, and the employee continues to work, he is considered to have passed the probation and his dismissal is allowed only on a general basis.

537 Alla Semeleva

When an employer wants to change the terms of payment for an employee’s work or his mode of work, you first need to try to negotiate with him. If the employee agrees, it is possible to sign an additional agreement in one day. There is no need to wait 2 months to start working in the new conditions. But if it is not possible to convince the employee, then a lengthy procedure cannot be dispensed with.

Article 74 of the Labor Code of the Russian Federation allows the employer to change the terms of the employment contract unilaterally.

But as practice shows, the application of this rule is quite complicated. This is despite the fact that Art. 74 of the Labor Code of the Russian Federation uses wording that, it would seem, gives employers freedom of action. For example, under organizational changes companies often adjust the staffing table in terms of reducing wages for a number of positions. But the courts consider this approach formal and satisfy the claims of employees who do not agree with the reduction in income. The loss awaits the company even when the labor function of the employee was affected in the course of the measures. Its change is guaranteed to lead to the cancellation of the decision of the employer. In addition, it will not always be justified to apply Art. 74 of the Labor Code of the Russian Federation when canceling allowances and other benefits due to an employee for harmful conditions labor. They cannot be canceled, explaining this only by conducting a special assessment in the company. Removal of benefits is allowed only when it is confirmed that conditions in the workplace have actually improved.

The transition to new equipment is a reason to change the terms of the contract

Employers often believe that in order to comply with the procedure for changing the terms of an employment contract, it is enough to give the employee a notice. But it's not. First, you need to check whether organizational and (or) technological changes in working conditions are really taking place in the company. Without such grounds, it is impossible to start notifying employees. You should also make sure that the adjustment of the provisions of the employment contract is directly related to such changes, and at the same time it is impossible to maintain the previous working conditions of the employee.

If at least one of these conditions is not observed, the courts, as a rule, recognize the application by the employer of Art. 74 of the Labor Code of the Russian Federation. This is confirmed by the rulings of the St. Petersburg City Court dated September 7, 2009 No. 11899, the Leningrad Regional Court dated November 23, 2011 No. 33-5730/11, the Magadan Regional Court dated April 2, 2014 in cases No. 2-14/2014, 33-261/2014 . The basis for such decisions is paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 (hereinafter - Resolution No. 2). It explains the principles that make it possible to recognize a change in the terms of an employment contract as unlawful. Examples of organizational and technological changes are contained in Art. 74 of the Labor Code of the Russian Federation and clause 21 of Decree No. 2. These include changes in equipment and production technology, structural reorganization of production, improvement of jobs based on their certification (it was replaced by a special assessment).

The courts refer to changes in organizational or technological working conditions:

structural reorganization, including the merger of companies, the change of the location of the division, the workplace, the organization of new divisions with the redistribution of the subordination of employees and official duties(determinations of the Supreme Court of the Republic of Mordovia dated March 26, 2015 in case No. 33-597 / 2015, the Chelyabinsk Regional Court dated March 5, 2015 in case No. 11-2103 / 2015, the Moscow City Court dated March 25, 2015 No. 4g / 8-571);
changing working time regimes in order to improve production processes (appellate rulings of the Kaliningrad Regional Court of October 23, 2013 in case No. 33-4694/2013, of the St. Petersburg City Court of December 4, 2014 No. 33-18721/2014);
changes in operating rules and the introduction of new production equipment (determination of the Moscow Regional Court dated September 21, 2010 in case No. 33-18182) and others. So, it will be possible to prove the legitimacy of adjusting the terms of an employment contract only if the company has undergone organizational and technological changes in working conditions.

In the event of a dispute, the relationship of these events will be proven by a written feasibility study, office notes, orders and other documentation. Their absence will significantly complicate the process and may lead to satisfaction of the employee's requirements for reinstatement or for the recognition of the introduced changes as illegal.

When can I change the terms of the employment contract*

Presence of organizational and (or) technological changes in working conditions
The relationship between these changes and adjustments to the employment contract
Inability to maintain the previous terms of the employment contract in connection with these changes

*requires a combination of all features

The results of a special assessment do not always become the reason for changing the terms of the contract

For harmful and dangerous working conditions at the workplace, employees are entitled to benefits (surcharge, additional leave or reduced hours). Previously, employers had to provide all three guarantees, but now the amount of benefits depends on the degree of "harmfulness" of the workplace. In this regard, it is not clear whether the employer has the right to use the results of the special assessment to cancel compensation unilaterally. After all, voluntarily signing an agreement on reducing the amount of guarantees with employees will not always work.

So, changes to employment contracts in accordance with Art. 74 of the Labor Code of the Russian Federation on the basis of the results of a special assessment will not always be justified. Let us assume that working conditions remained harmful, but the subclass of working conditions decreased solely as a result of the application of new methodology special assessments without any changes in the workplace. For example, due to the exclusion from harmful factors lack of natural light. In such a situation, use Art. 74 of the Labor Code of the Russian Federation and it is risky to cancel benefits.

On the one hand, a revision of compensation for harmful effects is possible based on the results of a special assessment, subject to a decrease in the final class (subclass) of working conditions (paragraph 12 of the Information dated October 28, 2014 “Typical questions and answers on special evaluation working conditions” (as amended on October 29, 2014)). There is no mention of the mandatory presence of real improvements. However, this opinion of the Ministry of Labor should be considered taking into account the provisions of the Labor Code of the Russian Federation and regulations relating to special assessment. From the standpoint of Art. 74 of the Labor Code of the Russian Federation in the described situation, one can hardly talk about any changes in working conditions. Part 3 Art. 15 of the Federal Law of December 28, 2013 No. 421-FZ also focuses on the fact that compensations for harmfulness, which were actually provided to employees as of January 1, 2014, cannot be canceled or reduced if the working conditions at the workplace that were grounds for the imposition of compensatory measures.

Therefore, the safest option is with a real improvement in conditions at the workplace, confirmed by a decrease in the hazard subclass based on the results of a special assessment. After replacing or upgrading equipment, redistributing the load, etc. the employer has every reason to apply Art. 74 of the Labor Code of the Russian Federation. In practice, such changes do occur, given that several years pass from the moment of certification of workplaces to the completion of a special assessment, during which production processes a lot is changing.

The decrease in financial indicators is not an independent basis for changing the contract

In conditions of economic instability, the question of the legitimacy of changing employment contracts due to a decrease in financial and production indicators companies. As a rule, we are talking about a unilateral reduction in the salary of an employee.

The courts are generally negative about such actions of the employer. So, in one case, due to the lack of work for an employee (the counterparty did not conclude a new contract), the employer, instead of reducing the staff, offered to transfer him to another position. As a result, the court recognized the dismissal under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation illegal (appellate ruling of the Moscow City Court dated December 22, 2014 in case No. 33-41558/14).

In another case, the court declared illegal the actions of the employer who initiated the procedure for changing the terms of the employment contract in connection with a decrease in the volume of work without any organizational or technological changes in working conditions (appeal ruling of the Moscow City Court of 04/06/2011 in case No. 33-7025).

The actions of the employer to change the size and structure of wages solely in connection with severe economic situation are also recognized by the courts as illegal (appellate ruling of the Arkhangelsk Regional Court dated February 4, 2013 in case No. 33-0671/2013).

It should be noted that the use of Art. 74 of the Labor Code of the Russian Federation for the purpose of reducing the staff is a fairly common mistake by employers.

For example, in a case considered by the Krasnoyarsk Regional Court, the employer decided to abolish the position held by the employee and offered him to take another position with a different name. To confirm the reorganization of production, a new staffing table was prepared. However, according to the court, these actions testified to a change in the labor function defined by the contract, and it made an unequivocal conclusion in favor of the employee. The employer had no reason to warn the employee about changing the terms of the contract, offering another job and subsequent dismissal according to paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation (appellate ruling of the Krasnoyarsk Regional Court dated March 17, 2014 in case No. 33-1619/2014).

Other courts also do not disregard the decisions of employers who disguise the reduction as a change in working conditions, and reinstate employees in their positions (appeal rulings of the Irkutsk Regional Court dated 09/09/2014 in case No. No. 33-7954/2015, dated March 26, 2015 in case No. 33-6327/2015).

The employer could not prove the existence of changes in organizational or technological working conditions in the case considered by the Supreme Court of the Russian Federation (determination of May 16, 2014 No. 5-KG14-14). The employee appealed against the dismissal under paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation, the reason for which was disagreement with the renaming of the position. In addition, the employer planned to reduce job responsibilities and significantly reduce wages. The basis for such decisions was a change in staffing. The Supreme Court of the Russian Federation came to the conclusion that the exclusion from the staff list of one position and the simultaneous inclusion of another (with different functionality and earnings) indicates a reduction in staff. And, of course, in such a situation, we are not talking about changing the terms of the employment contract. As a result, the court found the actions of the employer illegal.

Changing the terms of the contract, the labor function must be left the same

Based on Art. 74 of the Labor Code of the Russian Federation, you can change any condition of the employment contract: working hours, place of work (including transfer to another city), wage conditions, etc. At the same time, it is not allowed to worsen the position of the employee in comparison with the established collective agreement and (or) agreement. However, under no circumstances should the labor function of an employee be changed (part 1, part 8, article 74 of the Labor Code of the Russian Federation). In other words, the storekeeper should be left with the same responsibilities, and he should not be charged with cleaning the entire adjacent territory.

When an employer starts such large-scale events, he is most worried about the legitimacy of reducing the salaries of employees. Formally, Art. 74 of the Labor Code of the Russian Federation does not prohibit the employer from reducing wages, however, the courts generally have a negative attitude towards the situation when this decision is not related to changes in the duties of the employee (appeal ruling of the Tambov Regional Court dated 08.08.2012 in case No. 33-2048 / 2012).

Indeed, it is difficult to imagine that organizational and (or) technological changes in working conditions affect only wage conditions. In addition, it is necessary to take into account Part 1 of Art. 129 of the Labor Code of the Russian Federation, according to which wage employee depends on the complexity, quantity and conditions of the work performed.

Therefore, the impossibility of maintaining the previous level of remuneration in most cases can only be explained by a decrease in the volume of official duties, a decrease in the complexity and intensity of labor, and other similar reasons. If these circumstances are confirmed, then the employer's chances of successfully resolving the dispute are significantly increased (cassation ruling of the St. Petersburg City Court of February 27, 2012 No. 33-2768 / 2012).

When changing job responsibilities, you should make sure that the work function of the employee does not change. Arbitrage practice varies greatly depending on how much the change in job responsibilities has affected the essence of the labor function.

The labor function is understood as work according to the position in accordance with the staff list, profession, specialty, indicating qualifications, specific view the work assigned to the employee (part 2 of article 57 of the Labor Code of the Russian Federation). The concept of official duties is not disclosed in the law, however, as a rule, they are understood as those specific actions that the employee performs as part of the labor function. For example, the labor function of a “HR specialist” implies the following job responsibilities: working with work books, issuing orders for admission, transfers, dismissals and vacations. Did the adjustment job description to a change in the labor function and whether the consent of the employee is required for such actions, the court will evaluate in each specific case (determination of the Constitutional Court of the Russian Federation of September 25, 2014 No. 1853-O). But it is hardly possible to talk about a change in the labor function for the position of "legal adviser" if, for various reasons, the obligation to maintain claim work. A similar conclusion should be drawn in relation to a situation where job responsibilities are only specified.

According to the courts, the reduction in the volume of official duties is not a change in the labor function of the employee. This is confirmed by the rulings of the Yaroslavl Regional Court of July 19, 2012 in case No. 33-3711 / 2012, the Sverdlovsk Regional Court of February 11, 2014 in case No. 33-1893 / 2014, the Court of the Jewish Autonomous Region of October 17, 2014 in case No. 33-542 / 2014, of the Moscow City Court of November 14, 2011 in case No. 4g / 4-9268, of September 18, 2014 in case No. 33-17963 / 2014, of April 2, 2015 in case No. 33-6829 and others. But a significant change in job duties, especially associated with a change in the name of the position, with a high degree of probability will be recognized by the court as a change in the labor function.

Employment relations begin with the conclusion of an employment contract between the employee and the employer.

Labor contract is an agreement between an employer and an employee that governs their job responsibilities.

The main source of regulation labor relations, - The Labor Code of the Russian Federation. Article 57 tells us about the content of the employment contract, we will study it.

Article 57 of the Labor Code of the Russian Federation. Contents of the employment contract:

The employment contract specifies:

surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - individual) who have entered into an employment contract;

information about the documents proving the identity of the employee and the employer - an individual;

taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

place and date of conclusion of the employment contract.

Task 1. Fill in the missing words (either orally or in writing if you printed out the file recommended for the lesson).

1. Surname, name, patronymic _________________ and name of the employer

2. Information about _________________, proving the identity of the employee (passport, military ID)

3. Identification number _________________

4. Information about the representative _________________, who signed the employment contract

5. Place and _________________ of the conclusion of the employment contract

The following conditions are mandatory for inclusion in an employment contract:

place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;

labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee).

the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;

conditions of remuneration (including the size of the tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);

the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);

guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;

conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

working conditions in the workplace;

condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;

other conditions in cases provided for by labor legislation and other regulatory legal acts containing norms labor law.

Task 2. Insert the missing words in the list of mandatory information for inclusion in the employment contract.

1. _________________ work

2. Labor _________________ (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee)

3. Date _________________ work

4. Working conditions _________________

5. Mode of work _________________ and rest time

6. Guarantees and compensation for work with _________________ and (or) dangerous working conditions

7. Conditions that determine, if necessary, _________________ work

8. Conditions _________________ at the workplace

9. Conditions for compulsory _________________ insurance of an employee

The employment contract may provide for additional conditions, in particular:

on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;

about the test;

on non-disclosure of legally protected secrets (state, official, commercial and other);

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

on the types and conditions of additional employee insurance;

on improving the social and living conditions of the employee and members of his family;

on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;

about additional non-state pension provision worker.

Task 3. Insert the missing words in the list additional conditions to be included in the employment contract.

1. About clarification of _________________ work

2. About testing and non-disclosure of legally protected _________________

3. On the obligation of the employee _________________ after training for at least the period established by the contract, if the training was carried out at the expense of the employer

4. On the types and conditions of an additional _________________ worker

5. On improving the social and living _________________ of the employee and members of his family

6. On clarification in relation to the working conditions of this employee _________________ and the obligations of the employee and employer

7. On additional non-state _________________ security for an employee

Task 4. Determine which of the conditions included in the employment contract is mandatory and which is additional.

about the test

pay conditions

working hours and rest time

on the types and conditions of additional employee insurance

on improving the social and living conditions of the employee and members of his family

condition on compulsory social insurance of an employee

on clarification of the rights and obligations of the employee and the employer in relation to the working conditions of this employee

on additional non-state pension provision for an employee

place of work

labor function

on non-disclosure of legally protected secrets

start date

guarantees and compensations for work with harmful and (or) dangerous working conditions

conditions determining, if necessary, the nature of the work

on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer

Employment contracts are of two types:

1) termless employment contracts (signed for an indefinite period)

2) fixed-term employment contracts (signed for a fixed period, but not more than five years)

The employment contract comes into force from the day it is signed by the employee and the employer. The employee is obliged to start performing labor duties from the day specified in the employment contract.

If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract.

Task 5. Find and correct errors in the text (7 errors in total):

Irina concluded with a company providing legal services, fixed term contract for 7 years. She began to perform her labor duties the day after the conclusion of the contract, since it did not indicate a specific date for the start of labor duties. As soon as Irina started work, her employment contract immediately entered into force. Among the obligatory conditions, the employment contract included information about the test, non-disclosure of legally protected secrets and the conditions of remuneration. The list of additional conditions included the labor function, working conditions at the workplace and the mode of working time and rest.

Read the article of the Labor Code on the age at which it is possible to conclude an employment contract.

Article 63. Age from which the conclusion of an employment contract is allowed

The conclusion of an employment contract is allowed with persons who have reached the age of sixteen, with the exception of cases provided for by this Code, other federal laws.

Persons who received general education and who have reached the age of fifteen, may enter into an employment contract for the performance of light labor not harmful to their health. Persons who have reached the age of fifteen and, in accordance with federal law, have left a general education organization before receiving basic general education or have been expelled from the said organization and continue to receive general education in another form of education, may enter into an employment contract to perform light work that does not harm their health and without prejudice to the development of the educational program.

With written consent one of the parents (trustee) and the guardianship and guardianship authority, an employment contract may be concluded with a person who has received a general education and has reached the age of fourteen, to perform light work that does not harm his health, or with a person receiving a general education and who has reached the age of fourteen. years, to perform light labor in his free time from education, which does not harm his health and without prejudice to the development of the educational program.

In cinematography organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, to conclude an employment contract with persons under the age of fourteen years to participate in the creation and (or) performance (exhibition ) works without prejudice to health and moral development. The employment contract on behalf of the employee in this case is signed by his parent (guardian). The permit of the body of guardianship and guardianship shall indicate the maximum allowable duration of daily work and other conditions under which work may be performed.

Task 6. Answer the questions

1. At what age is an employment contract concluded as a general rule?

2. Is the situation correct: Nadya finished 9th grade, she is preparing to celebrate her 16th birthday in six months. To do this, she decided to go to work and got a job as an usher in a night cinema.

3. Is the situation correct: Artyom finished 9th grade, he is 14 years old. He categorically does not want to study, so he left school and went to work as a waiter, having previously received the oral consent of his parents.

4. In what areas of activity is it allowed to conclude an employment contract for persons under 14 years of age?

When concluding an employment contract, a person has a number of guarantees:

Article 64. Guarantees when concluding an employment contract

An unreasonable refusal to conclude an employment contract is prohibited.

Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence ( including the presence or absence of registration at the place of residence or stay), attitude to religion, beliefs, belonging or not belonging to public associations or any social groups, as well as other circumstances not related to business qualities employees is not allowed, except in cases where the right or obligation to establish such restrictions or benefits is provided for by federal laws.

It is forbidden to refuse to conclude an employment contract for women for reasons related to pregnancy or the presence of children.

It is prohibited to refuse to conclude an employment contract to employees invited in writing to work by transfer from another employer within one month from the date of dismissal from their previous place of work.

At the written request of the person who was refused to conclude an employment contract, the employer is obliged to inform the reason for the refusal in writing no later than within seven working days from the date of presentation of such a request.

Refusal to conclude an employment contract may be appealed in court.

Task 7. Comment on the situations:

1. At the end of the interview with the candidate for the position of manager, the director said: "Sorry, you are not suitable for us, we will not conclude an employment contract with you." Then he refused to answer any questions and left the room.

2. The company needed twenty people in the sales department. Fifty women and twenty-one men applied for this position. As a result, twenty men were recruited into the department.

3. At the end of the interview with a candidate for the position of a programmer, the director said: "Sorry, you are not suitable for us. You have a small child, he will get sick and you will constantly take sick leave, and our company needs a person who will perform his duties continuously."

4. Andrey worked in a restaurant of a well-known chain in the city of Moscow. He wanted to move to St. Petersburg and asked for a transfer to a similar restaurant in St. Petersburg. The transfer was processed on June 5, but when he arrived to draw up a contract for a new job on July 10, he was refused.

5. K a candidate for the position of manager, to whom the director at the end of the interview said: “Sorry, you are not suitable for us, we will not conclude an employment contract with you,” and then quickly left the room, wrote a formal request to explain to him the reasons for the refusal to conclude an employment contract. What developments should the candidate expect? What do you think would be the benefit of this action for the candidate?

6. A woman who was refused a job as a programmer sued. Can the court dismiss her claim? If not, what decision of the court should she expect?

When concluding an employment contract, a person is required to present a number of documents. The Labor Code says the following:

Article 65. Documents presented at the conclusion of an employment contract

Unless otherwise established by this Code, other federal laws, when concluding an employment contract, a person applying for a job presents to the employer:

passport or other identity document;

work book, with the exception of cases when the employment contract is concluded for the first time or the employee goes to work on a part-time basis;

insurance certificate of compulsory pension insurance;

documentation military registration- for persons liable for military service and persons subject to conscription for military service;

a document on education and (or) on qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training;

a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds, issued in the manner and in the form established by the federal executive body;

a certificate on whether the person is or is not subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription.

Article 69. Medical examination at the conclusion of an employment contract

Mandatory preliminary medical examination when concluding an employment contract, persons under the age of eighteen, as well as other persons in the cases provided for by this Code and other federal laws, are subject to.

Task 8. Comment on the situations:

1. Arthur, a 38-year-old man, came to conclude an employment contract for the position of an engineer. He brought a passport, a work book and a diploma of graduation from the university. What else will he be asked to bring?

2. Rita, a girl of 17, got a job as a saleswoman in a shoe store. What certificate will be required from her plus those documents that are usually asked from adults?

Often, when hiring, people are given a probationary period. It is needed so that the employer checks the correctness of his choice, and the employee checks his capabilities. Employees are paid less during the trial period than after it ends. Some people are not assigned a probationary period, this is written in Article 70 of the Labor Code:

Article 70

When concluding an employment contract, by agreement of the parties, it may provide for a condition on testing the employee in order to verify his compliance with the assigned work.

The absence of a test clause in the employment contract means that the employee is hired without a test.

During the probationary period, the employee is subject to the provisions labor law and other normative legal acts containing labor law norms, collective agreement, agreements, local regulations.

A test for employment is not established for:

pregnant women and women with children under the age of one and a half years;

1. persons elected by _________ to fill the relevant position;

2. _________ _________ and women with children under the age of one and a half years;

3. persons under the age of _________ years;

4. persons who have received _________ _________ education or higher education and _________ applicants for work (within _________ after graduation);

5. persons, _________ for an elected position for paid work (for example, the position of mayor or deputy);

6. persons invited to work in the order of _________ from another employer;

7. persons entering into an employment contract for up to _________ months.

6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution

7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties;

8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, or the lack of an appropriate job for the employer;

9) the employee's refusal to be transferred to work in another locality together with the employer;

10) circumstances beyond the control of the parties;

11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work.

Task 10. Fill in the missing words in the sentences (use the printed file)

The grounds for termination of an employment contract are:

1) _________ parties;

2) _________ of the term of the employment contract;

3) termination of the employment contract at the initiative of _________;

4) termination of the employment contract at the initiative of _________;

5) _________ employee at his request or with his consent to work for another employer or transfer to elective work;

6) _________ employee from continuing to work in connection with the change of ownership of the property of the organization;

7) refusal of the employee to continue work in connection with __________ _________ employment contract;

8) _________ employee from _________ to another job;

9) _________, independent of the will of the parties;

11) violation of _________ conclusion of an employment contract.

Russian law is designed not to intimidate, but to affirm and protect the freedom (natural and inalienable rights) of a person in all spheres of his life, to promote the strengthening of law and order in society. Therefore, it is necessary to know the laws and learn to respect them.
Respect for laws means that their requirements are recognized and implemented by the citizen as unconditionally necessary, useful for him, other people, society as a whole. And for this, it is necessary to overcome the legal nihilism that is still characteristic of many Russians, to educate in oneself a modern legal culture - a culture of recognizing and protecting law, human rights. This is the only way to achieve self-realization and success in any area of your life.

Document

From the Labor Code of the Russian Federation.

Article 57

surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract.

The essential terms of the employment contract are:

place of work (indicating the structural unit);
date of commencement of work;
the name of the position, specialty, profession, indicating qualifications in accordance with the staffing table of the organization or a specific labor function. If, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the name of these positions, specialties or professions and qualification requirements to them must comply with the names and requirements specified in qualification guides approved in the manner established by the Government of the Russian Federation;
the rights and obligations of the employee;
the rights and obligations of the employer;
characteristics of working conditions, compensations and benefits to employees for work in difficult, harmful and (or) dangerous conditions;
the regime of work and rest (if it differs from the general rules established in the organization in relation to this employee);
terms of remuneration (including the size of the tariff rate or official salary of the employee, additional payments, allowances and incentive payments);
types and conditions social insurance directly related to employment.

Questions and tasks for the document

Comment on the terms of the employment contract.
Based on the text of the paragraph, disclose the rights and obligations of the employee, as well as the rights and obligations of the employer.
What are general rules regime of work and rest? Use paragraph material in your answer.
What is the significance of the fact that the law sets out the terms of an employment contract in detail?

Questions for self-examination

What are the common features and what are the specifics of the branches of Russian law?
What is the difference between an employment contract and civil law contracts? Explain your answer with specific examples.
What are the similarities and main differences between a misdemeanor and a crime?
How do you understand the position that Russian law is intended to become a measure of freedom and justice?

Tasks

Citizen K. decided to legally marry his cousin. Do you think this marriage will be registered? Explain your answer
Spouses after 15 years of marriage signed a marriage contract to change the legal regime of joint ownership. Are the actions of the spouses legal? Explain the answer.
Pick up examples in the periodical press illustrating offenses in Russia. Determine the types of these offenses.
Prepare to lead a class discussion on the topic “Are there offenses that are not dangerous to society?”.

Thoughts of the wise

"The people must defend the law as their stronghold, as their defensive wall."

Heraclitus (late 6th - early 5th century BC), ancient Greek philosopher

An employment contract was concluded with the locksmith Sidorov for a period of three years. After two years, Sidorov decided to quit, about which he notified the employer in

writing. The employer refused to terminate the locksmith's employment contract, referring to the fact that before the expiration of the contract there was a year left, which Sidorov had to work at the enterprise. Is the employer's refusal legal? Name any two principles on which labor relations in the Russian Federation are based.

Are the following judgments about an employment contract in the Russian Federation correct? A. In accordance with the Labor Code of the Russian Federation, the receipt by an employee of a copy of an employment contract must

be confirmed by the employee's signature on a copy of the employment contract kept by the employer. B. If the employment contract does not specify the term of its validity, then the contract is considered concluded for five years.
1) only A is true 3) both judgments are true
2) only B is correct 4) both judgments are wrong

Since October 26, 2012, citizen K. was actually admitted to auxiliary work in the production premises of Tekhpero LLC, however, the employment contract in

no written agreement was concluded with him, an order for employment was not issued, an entry for employment was not made in the work book. In accordance with the assignment received from the director, K., together with his partner, had to perform auxiliary work, namely, to load into a down carding machine, collect the processed down from the container into bags and take it to the sewing workshop located on the second floor. K. did not undergo any preliminary training in the skills of working on a fluffing machine; he was not instructed in labor protection. Orally, he was explained that if the fluffer becomes clogged, it must be turned off and cleaned by hand or some improvised means. On November 27, 2012, while cleaning the fluffer, an accident occurred with traumatic amputation of the left hand. The employer refuses to investigate the accident. Was the employer legal? If not, please list what laws were violated.

1. Citizen K. filed an application in which she asks to be relieved of her post. Which of the following would be grounds for

termination of the employment contract: a) its own wish; b) refusal of the director to pay bonuses to her; c) her desire to retire because she is 50 years old and tired of working; d) the request of the chief to write this statement, since citizen K. is pregnant; d) transfer to another job. Explain your answer. 2. Specialists are preparing for release a collection, the working title of which is "Protection of the interests of schoolchildren and students in obtaining education." The comments and recommendations of a professional lawyer should provide practical help future graduate, including when choosing an educational institution. What results, in your opinion, should be in this directory? Think about the samples of what documents you need to include in it? 3. Polish poet and philosopher of the 20th century. E. Lets wrote: “Man is also superior to the machine because he knows how to sell himself.” Comment on the statement from the position of labor law.

Find in the list below the features of civil legal relations 1. civil legal relations are based on the principle of freedom of contract 2.

civil legal relations are based on the principle of equality of the parties 3. Civil legal relations regulate relations in the field government controlled 4. civil legal relations govern the relationship between the employer and the employee, based on an employment contract 5. civil legal relations arise solely as a result of the commission of a crime 6. participants in civil legal relations are: the state, legal entities, individuals