Labor relations- actual social relations regarding labor in production and other social relations that are the subject of labor law, which constitute a whole group of legal relations in the sphere of labor. This is a voluntary legal relationship between an employee and an employer, according to which the employee undertakes to perform a certain labor function subject to the internal labor regulations of the organization, and the employer creates the necessary conditions for work in accordance with the law and pays the employee no less than the minimum amount of labor established by law.

Labor relations are always bilateral. They involve an employee and an employer who have labor legal personality.

Types of labor relations are classified depending on the types of employment contracts: how many employment contracts - so many types of labor relations. For example, a specific type of labor relations is labor relations when working part-time. When working part-time, an employee has two parallel employment relationships.

The labor legal relationship must be distinguished from related legal relationships related to labor, but regulated by the norms of civil legislation, according to the following signs:

1) in a labor legal relationship, an employee, as a rule, acts as a member of the work collective, but in a civil relationship - not;

2) the subject of the labor legal relationship is the labor process itself, and in civil law - its materialized result;

3) in an employment legal relationship, a mandatory condition is the employee’s subordination to the internal labor regulations, which is not the case in a civil legal relationship;

4) in the labor legal relationship, the obligation to provide the employee with the means of production, as well as the obligation to provide labor protection, is assigned to the employer, and in the civil legal relationship regarding labor, such an obligation, as a rule, is assigned to the performer.

All rights and obligations in the employment relationship are personal in nature, i.e. An employee cannot appoint someone else to perform the job function assigned to him in his place. An employer also cannot change one employee for another without sufficient grounds. All legal relations arising on the basis of an employment contract are always individual and at the same time bilateral, i.e. on the one hand, a complex of powers of one party and the correlating responsibilities of another subject, and vice versa.

The labor legal relationship is closely related to the employment contract, but is not identical to it: the labor legal relationship contains the entire set of rights and obligations of a specific labor legal relationship, which constitutes its content, and contents of the employment contract- these are his conditions.

The basis for the emergence of labor relations are the legal facts named in the legislation. Their occurrence is associated exclusively with legal actions through which the rights and obligations of employees and employers are established for the employee to fulfill his labor function.

As a rule, an employment relationship arises on the basis employment contract. The Labor Code of the Russian Federation also provides the following reasons emergence of an employment relationship:

· election to office;

· election by competition to fill the relevant position;

· appointment to a position or confirmation in a position;

· assignment to work by bodies authorized in accordance with federal law against the established quota;

· court decision on concluding an employment contract.

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 representative in the case where the employment contract was not properly drawn up.

Labor relations on the basis of an employment contract as a result of election to a position arise if election to a position requires the employee to perform a certain labor function.

Labor relations on the basis of an employment contract as a result of election by competition to fill the corresponding position arise if labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulations) of the organization determine the list of positions to be filled by competition and the procedure for competitive election for these positions.

Labor relations arise on the basis of an employment contract as a result of appointment to a position or confirmation in a position in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulations) of the organization.

A change in labor relations can occur both as a result of actions and as a result of events, for example, a transfer to another job not stipulated by an employment contract, but only with the consent of the employee, with the exception of cases of production necessity provided for in Art. 74 Labor Code of the Russian Federation.

Termination of an employment relationship can be either as a result of an action or as a result of an event, for example, termination of an employment contract on the initiative of the employee (at his own request) Art. 80 Labor Code of the Russian Federation; death of an employee - Art. 83 Labor Code of the Russian Federation.

For the first time in the Labor Code of the Russian Federation a definition of the concept is given "labor Relations"(v. 15). This definition establishes the binding nature of the agreement between its parties - the employee and the employer, which underlies this relationship about the personal performance by the employee for payment of a labor function with subordination to the rules of internal labor regulations while the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing norms labor law, as well as collective agreements, agreements, local regulations, and employment contracts.

In the science of labor law and educational literature, a definition of the employment relationship has been developed, which can be formulated as follows: labor relationship- this is a labor relationship arising on the basis of an employment contract and regulated by the norms of labor law, according to which one subject - the employee - undertakes to perform a labor function in subordination to the rules of internal labor regulations, and the other subject - the employer - is obliged to provide the work stipulated by this agreement, to ensure healthy, safe and other working conditions, including remuneration of the employee in accordance with his qualifications, complexity of work, quantity and quality of work.

Please note the following features characterizing the labor relationship: 1) The subjects of the labor relationship are always the employee and the employer; 2) the content of the employment relationship includes complex set of rights and obligations: each of the subjects acts in relation to the other both as an obligated and as an authorized person, and also bears not one, but several responsibilities. At the same time, for some of them the employer himself is responsible, for others, if the employer is an organization, its management body (manager) is responsible, or they can bear simultaneously, but different responsibilities (for example, in case of non-payment of wages, the employer becomes financially liable, and the manager can be brought to disciplinary or administrative and even criminal liability); 3) despite the complex composition of rights and obligations, the labor relationship is uniform. Attempts to wrest from it individual combinations of rights and obligations do not indicate the emergence of new types of legal relations (for example, regarding material or disciplinary liability), since the general concept of duties also covers responsibility for one’s actions (i.e., violation of duties, in labor law this is disciplinary employee misconduct); 4) the employment relationship is of a continuing nature, because the rights and obligations of subjects are realized not by one-time actions, but systematically, by performing those actions that are necessary for the employee to perform his labor function while observing internal labor regulations, which causes the employer to respond by paying the employee wages and ensuring safe working conditions. The theory of a single complex and ongoing labor relationship was developed by labor law scientist N. G. Alexandrov.

However, persons who have entered into civil contracts (personal contract, assignment, paid provision of services, author’s agreement, etc.) can also engage in labor activity. Along with the considered features inherent in the labor relationship, it is necessary to highlight characteristic features of an employment relationship, delimiting it from related, including civil law, relations in the field of labor activity:

• 1. The personal nature of the rights and obligations of an employee who is obliged to participate through his labor in the production or other activities of the employer, using his ability to work.
• 2. The employee is obliged to perform the labor function stipulated by the employment contract - work but position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work assigned to the employee.
• 3. The employee’s performance of his labor function, carried out in conditions of collective (cooperative) work, necessitates the employee’s subordination to the internal labor regulations established by the employer, following the orders and instructions of the employer (manager, director, etc.) vested with disciplinary and directive power.
• 4. The paid nature of the employment relationship is manifested in the systematic payment of a certain salary to the employee at least twice a month. In this case, payment is made in accordance with the labor expended by the employee during the established working hours.
• 5. An employer who uses the labor of an employee is obliged to create healthy and safe working conditions for him, and to comply with labor legislation, including legislation on labor protection.
• 6. Each of the subjects of the labor relationship has the right to terminate it without any sanctions, but in compliance with the procedure established by law. In this case, the employer is obliged to notify the employee of dismissal in the prescribed cases, as well as pay severance pay and other compensation.

It should be noted that the concept of labor relations given in Art. 15 of the Labor Code of the Russian Federation, fully complies with the ILO Recommendation “On the individual labor relationship”, adopted on June 15, 2006 at the 95th session of the ILO General Conference, in which member states are recommended to provide for the ability to determine specific features of an individual labor relationship.

This ILO Recommendation also determines that employees who perform work upon entering into an employment relationship with the employer can exercise labor rights, having various forms of their protection, i.e. the implementation of labor rights, regardless of various forms of their protection, is possible if an employment relationship exists. Attention is drawn to the difficulties that must be taken into account in determining whether an employment relationship exists in situations where the relevant rights and obligations of the parties concerned are not entirely clear, where attempts are made to disguise the employment relationship, or where there are inaccuracies in the legal system or its interpretation and application or restrictions. The process of globalization of the economy is also highlighted, which has led to the mobility of workers in need of protection, at least in case the laws of another country are applied to circumvent the requirements of national legislation regarding protection. It is noted that in the context of transnational provision of services, it is important to establish who is considered an employee within the framework of the employment relationship, what rights this employee has and who the employer is.

Thus, the ILO Recommendation covers issues related to the protection of a worker who has entered into an employment relationship (Part 1), recommending that ILO member states develop national policies that provide for appropriate measures. At the same time, the development of national policy is carried out in accordance with national legislation and practice in consultation with the most representative organizations of employers and workers. These measures include, in particular, guaranteeing rules applicable to all forms of contracts that involve multiple parties, so that employees have a real opportunity for the protection to which they are entitled, ensuring compliance with and effective application of laws and regulations on the individual labor relationship, etc. It should also be noted that recommendations have been developed to stakeholders, in particular employers and employees, on the issue of actually establishing the existence of an individual labor relationship, as well as in distinguishing between hired and self-employed workers (i.e. there is referring to the independent work of performers under civil contracts). In the latter case, we are talking about distinguishing the labor legal relationship arising on the basis of an employment contract from related civil legal relations generated by civil law contracts (contracts for work, paid services, assignments, etc.).

There is no doubt that the previously discussed concept of the labor relationship, defined in the Labor Code of the Russian Federation (Article 15), makes it possible to highlight those features that are inherent specifically in the labor relationship (legal relationship) and characterize its labor legal nature. These features also make it possible to distinguish the labor legal relationship from related civil legal relationships arising from the above-mentioned civil law contracts in the field of labor activity, which is of great practical importance.

These signs of an employment relationship can also play a role in cases where a civil law contract is concluded between the parties, but during the judicial review it was established, including with the help of these signs, that the civil law contract actually regulates the labor relationship between the employee and the employer . The Labor Code of the Russian Federation stipulates that the provisions of labor legislation and other acts containing labor law norms are applied to such relations (Part 4 of Article 11 of the Labor Code of the Russian Federation).

• Alexandrov N. G. Labor relationship. M., 2008.

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An employment legal relationship is a social-labor relationship arising on the basis and regulated by norms, according to which one subject - the employee - undertakes to perform a labor function with subordination, and the other subject - is obliged to provide work, ensure healthy and safe working conditions and pay the employee in accordance with his qualifications, complexity of work, quantity and quality of work.

The content of the employment relationship is the mutual labor rights and obligations of its subjects, determined by the employment contract, labor legislation and agreement. The employee is obliged to accurately fulfill his labor function specified in the contract, obeying the internal labor regulations of the given production, and the employer is obliged to comply with labor legislation and all working conditions of the employee provided for by the labor and collective agreement and labor legislation.

The labor relationship includes a number of rights and related responsibilities of the parties: in terms of time, rest, remuneration, disciplinary liability, etc., which are provided for in Art. 21 of the Labor Code of the Russian Federation, and the basic rights and obligations of the employer - Art. 22 Labor Code of the Russian Federation. The scope and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

The actual activities of the employee and the employer are the material content of labor legal relations, which is inextricably linked and subordinated to the volitional content of the participants in these legal relations.

An employment relationship is ongoing, based on an employment contract, valid over time and of a personal nature. An employee cannot replace himself in the performance of his labor function by someone else, and the employer also cannot replace an employee with someone else without reason. The employer has the right of disciplinary power, therefore he can punish the employee for work, bring him to disciplinary action, etc.

Signs of an employment relationship

The labor relationship is characterized by certain inherent characteristics.

The characteristic features of an employment relationship include the following:

1. The personal nature of the rights and obligations of an employee who is obliged only through his labor to participate in the production or other activities of the organization (employer). An employee does not have the right to represent another employee in his place or entrust his work to another, just as an employer does not have the right to replace an employee with another, except in cases established by the Law (for example, during the employee’s absence due to illness, etc.). There are no such restrictions in civil law, where the contractor has the right to involve other persons in performing the work.

2. The employee is obliged to perform a certain, predetermined labor function (work in a certain specialty, qualification or position), not a separate (separate) individual specific task by a certain deadline. The latter is typical for civil obligations associated with labor activity, the purpose of which is to obtain a specific result (product) of labor, to complete a specific assignment or service by a certain date.

3. The specificity of labor legal relations also lies in the fact that the performance of the labor function is carried out in conditions of common (cooperative) labor, which necessitates the subordination of the subjects of the labor legal relationship to the internal labor regulations established by the organization (employer). Fulfilling a labor function and the associated subordination to internal labor regulations means the inclusion of citizens in the workforce (work collective) of the organization. All three features mentioned in this paragraph constitute the characteristic features of labor as an employee, in contrast to the subject of a civil law relationship. It is well known that a single and complex labor legal relationship combines both coordination and subordination elements, where freedom of labor is combined with subordination to internal labor regulations. This is impossible in civil law terms, based on the fundamental principles enshrined in Art. 2 Civil Code of the Russian Federation.

4. The paid nature of the employment relationship is manifested in the response of the organization (employer) to the performance of work - in payment, usually in cash. The peculiarity of the labor legal relationship is that payment is made for live labor expended, carried out by the employee systematically during established working hours, and not for a specific result of materialized (past) labor, the execution of a specific order or service, as in a civil law relationship.

5. A characteristic feature of the labor legal relationship is also the right of each of the subjects to terminate this legal relationship without any sanctions in compliance with the established procedure. At the same time, the employer is obliged to warn about the dismissal of an employee on his initiative in established cases and pay severance pay in the manner prescribed by the labor law.

Subjects of labor relations

The subjects of the labor relationship are its parties: the employee and the employer, where the employee is “an individual who has entered into an employment relationship with the employer”; the employer is: “an individual or a legal entity (organization) who has entered into an employment relationship with the employee. In cases established by federal laws, another entity entitled to enter into employment contracts may act as an employer.”

An individual may enter into labor relations provided that he has achieved legal capacity to work.

To enter into labor relations, an employee must have legal capacity to work, i.e. the ability not only to acquire specific rights and obligations in the labor relationship, but also to exercise these rights and obligations through their personal actions and bear responsibility for their unlawful exercise.

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The concept of labor relations

An employment relationship is a legal relationship between an employee and an employer in the process of fulfilling the duties assigned to him by the employee.

Labor relationship is a voluntary legal relationship between an employee and an employer, in which both parties in the production process are subject to labor legislation, collective and individual labor contracts.

The relationships themselves have specific features:

• take place under conditions of subordination to internal labor regulations;
• the employee is usually included in the .

The participants (subjects) of labor relations are workers and employers. The subject of the labor relationship can be a foreigner (both as an employee and as a representative of the employer), and the employer can also be an individual citizen who hires an employee as a housekeeper, personal driver, gardener, etc.

Objects of labor relations

The object of the labor relationship is skills, abilities, abilities of the employee which he offers the employer to use and which interests the employer in the process organized by him. It is for them that the employer is willing to pay. In market relations, the price of an employee, like any product, is determined.

Types of labor relations

They depend on the type of relevant relationship and the specific underlying basis for the emergence and existence of this legal relationship. Therefore, in the same production, different types of labor relations are possible, since different types of employment contracts are possible (fixed-term, with an indefinite period, for the duration of seasonal work, part-time work, etc.).

Of these, two specific types of labor relations are distinguished:

• in connection with part-time work;
• under a student agreement.

Their specificity is that part-time job creates a second employment relationship for the employee along with his main place of work. A student legal relationship obliges the student, unlike other labor relations, not to work in a specialty or position, but to master this specialty in production. Then, after passing the qualification exam, the apprenticeship legal relationship is fully transformed into an employment legal relationship for the acquired specialty or profession.

Features of labor relations

A distinctive feature of labor relations is that labor relations are personal in nature, i.e., with the development of freedom of the employment contract, the individualization of the employee’s labor relations develops.

Another feature is that this relationship are built on compensated started, associated with mandatory remuneration for labor in the form of wages.

The third feature is that labor relations are of a continuing nature, i.e. they do not stop after the employee completes a certain work task, but are associated with his performance of a certain labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; or specifying the type of work entrusted to the employee) - Art. 15 Labor Code of the Russian Federation.

The legislation stipulates that labor relations based on the certainty and stability of the employee’s labor function, and prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).

Both the employment contract and the employment relationship arising on its basis are always mutual and bilateral.

Both parties to the employment relationship have the right to demand that the other subject fulfill his or her labor duties under the given legal relationship.

Since the employer has the right of disciplinary power, he can punish the employee himself if he fails to fulfill his duties in accordance with labor legislation, bring him to disciplinary and material liability, and both parties can resort to the coercive force of the state. This characterizes the volitional content of labor relations, which is supported by labor law norms that ensure normal, safe, appropriate payment, compensation for harm (damage), the possibility of dismissal, etc.

Emergence, change and termination of labor relations

, determining the emergence, change and termination of labor relations, usually associated with the moment of conclusion, change and termination(Article 16 of the Labor Code of the Russian Federation). But it should be noted that these legal facts do not always represent a type of action (hiring and dismissal of an employee); sometimes these are circumstances that are in the nature of events (death of an employee, emergency circumstances, etc.). In addition, often legal facts may provide participants with an alternative choice (for example, grounds for dismissal) or have a complex composition that includes several circumstances together (for example, the presence of fault, the wrongfulness of the act, the presence of damage and the causation of unlawful culpable behavior and material damage).

The basis for the occurrence The employment relationship is usually considered an employment contract. For employees holding elected positions, the basis for the emergence of their labor relations is the fact of election to this position. For some categories of employees, the basis for the emergence of labor relations is a complex composition of legal facts, when, in addition to the employment contract, it is preceded or followed by some legal fact. Thus, for persons hired through competition, the conclusion of an employment contract must be preceded by their election through competition to the given position. The complex structure of the emergence of labor relations among 14-year-olds, when an employment contract must be preceded by parental consent.

The fact of the emergence of an employment relationship can be actual permission to work, even if the hiring was not properly completed.

Changes in labor relations may occur due to lawful actions. Changes will be considered circumstances specified in Chapter 12 of the Labor Code of the Russian Federation.

The employment relationship is terminated the fact of termination of the employment contract on the grounds provided for by law (Chapter 13 of the Labor Code of the Russian Federation).

Introduction

The object of labor law is the specific professional activity carried out by the employee. The so-called “live” labor, its conditions and payment are regulated at the legislative level. Workers are the most numerous subjects of labor law.

The relevance of this work lies in the fact that in the modern era the protection of the labor rights of citizens of our country is of particular importance.

During the study the following tasks will be solved:

• 1. a definition of labor relations is given;
• 2. the emergence of labor relations is analyzed;
• 3. the duties and rights of employees are determined;
• 4. the responsibilities and rights of employers are identified;
• 5. The role of trade union organizations in labor relations has been established.

Labor relations

At its core, an employment relationship is a type of social relationship based on the performance of specific work. It is regulated by labor law within the framework of an agreement concluded between the employee and the employer. In this case, the first is obliged to obey the internal rules in force at the enterprise or organization. And the second is to ensure working conditions provided for by labor legislation, collective and labor agreements.

Signs of an employment relationship

The following main features of labor relations are distinguished:

• 1. personal nature of the rights and obligations of the employee;
• 2. predetermined labor function;
• 3. compliance with labor discipline;
• 4. the paid nature of the employment relationship;
• 5. Each of the subjects has the right to terminate the employment relationship.

Let's look at the above signs in more detail.

• 1. An employee is obliged to participate in the production or other activities of the employer solely through his own labor. There is no such restriction in civil law, in which the contractor has the right to involve other persons in performing the work.
• 2. The content of work is determined in advance by the specialty, qualifications or position of the employee. In an employment relationship, we are not talking about completing a separate individual task by a specific deadline, which is typical for civil obligations related to work.
• 3. Since the performance of a labor function is carried out in a team, the employee is obliged to obey the requirements of labor discipline and internal rules established at the enterprise or organization. In other words, the labor legal relationship combines both coordination and subordination elements. The principle of freedom of labor is combined with subordination to higher authorities.
• 4. The paid nature of the employment relationship is manifested in the payment of wages, which is carried out by the employer, as a rule, in cash. The peculiarity of the employment relationship is that payment is made for work performed systematically by the employee during established working hours.
• 5. The labor relationship is complex, since each of its parties has corresponding rights and obligations. Both the employee and the employer can terminate their legal relationship without any sanctions, unless the provisions of Chapter 13 of the Labor Code of the Russian Federation were violated. legal employment relationship

Types of labor relations

All types of labor relations can be divided into three groups:

• 1. basic;
• 2. related and organizational and managerial;
• 3. protective.

The main labor relations include the relationship between the employee and the employer.

Related and organizational and managerial are relations related to issues of employment, organization and management of labor, as well as the activities of trade unions to protect the rights of workers and social partnership legal relations. This group also includes training, professional retraining and advanced training of personnel.

Protective legal relations are associated with control and supervision of compliance with labor laws, financial liability of employees and employers, resolution of labor disputes and social insurance issues.

In modern Russia, there are the following main types of labor relations:

• 1. promotion of employment and employment;
• 2. relations between employee and employer;
• 3. organization and management of labor;
• 4. professional training, retraining and advanced training of personnel;
• 5. relations of trade unions with employers to protect the rights of workers;
• 6. social-partner legal relations;
• 7. control and supervision of compliance with labor legislation;
• 8. financial liability of the parties to the employment contract;
• 9. resolution of labor disputes;
• 10. social insurance.

All of the above types of legal relations are determined by the subject of labor legislation. They differ from each other in subjects, content, as well as the grounds for the emergence and termination of relations.

Object of the labor relationship

The performance of certain work, the nature of which is determined by the specialty, qualifications or position of the employee, is the object of an employment relationship.

Thus, the various benefits created in the process of work are practically inseparable from the production activity itself. For example, the beneficial effect of a lesson taught by a teacher is difficult to determine in actual terms. Therefore, the material content of the employment relationship is the actual behavior of its participants, regulated by the combination of their rights and obligations.

Origin, change and termination of the employment relationship

The basis for the emergence of most labor relations is the conclusion of an employment contract between the employee and the employer. The legal significance of this document is that it represents the basic basis for the further development of labor law.

A change in the employment relationship is expressed in the transfer of an employee to another job on the initiative of the administration of an enterprise or organization. Such a transfer is possible only with the consent of the employee or in case of production necessity, as well as due to downtime for one reason or another.

An employee can also ask the employer to transfer him to another job, for example, for health reasons or temporary disability.

Termination of an employment relationship is possible either by mutual agreement of the parties or on the initiative of the employee or employer. Labor legislation gives an employee the right to terminate an employment contract that does not suit him at any time. A citizen is obliged to notify the administration of an enterprise or organization of his intention two weeks before dismissal, doing this in writing. However, the employer has the right to terminate the employment contract with the employee before the two-week period established by law.

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