What are the rights and responsibilities of the employer and employee?

All basic rights and obligations of the employee and employer are described in labor legislation.

Rights and obligations of the employee - based on his qualifications, the employee assumes an obligation to perform certain professional functions. He is obliged to strictly follow the work schedule of the enterprise.

Rights and obligations of the employer - the employer must comply with the requirements of federal laws, departmental regulatory documentation, contractual provisions, pay for work performed on time, provide work in strict accordance with the employment contract, maintaining the necessary operating conditions.

Peculiarities

1. They are characterized by a length of time. The relationship between the parties is regulated by contracts, agreements, and contractual obligations.
2. They are of a remunerative nature, i.e., for the performance of assigned professional duties, the employee receives a monetary reward.
3. The employee is part of the work collective, which is absent in related relations.
4. Unlike civil legal relations, where everything is aimed at obtaining a result, in labor law the process itself is evaluated.
5. The employee, in addition to performing assigned professional functions, is obliged to follow the daily routine at the enterprise. In civil legal relations, the specialist independently determines his schedule.
6. In the field of labor relations, the employer is fully responsible for organizing the process, and in civil law, everyone is their own boss.
7. The volitional nature of the legal relations under consideration is expressed in giving the manager the right to bring the violating employee to disciplinary liability.

Relations between organizations and employees in the Russian Federation are regulated by the Constitution of the Russian Federation, the Labor Code, labor agreements, contracts and local regulatory and legal acts of enterprises.

Grounds for the emergence of labor relations

Such relations are based solely on their legal formalization.

The age at which it is possible to officially register for employment with all legal consequences arising is 16 years.

• A contract or employment agreement is concluded between the employer and the employee.
• for elective positions the basis is the fact of collegial election.
• there is a competitive election to a position with the subsequent conclusion of a contract;
• in practice, it is possible to actually be allowed to perform duties without prior official registration.

From a legal point of view, the employment relationship has already come into force when the subordinate begins work. To avoid controversial situations, it is recommended to register the employee properly.

Any changes are made by agreement of both parties.

The employment relationship is terminated by termination of the contract in accordance with the Labor Code.

Work under civil contracts and the performance by an individual of one-time professional duties on behalf of a private person are not recognized as labor relations. They are regulated by civil law and belong to the category of civil law relations.

Employer's rights

The employer also has some rights:

• Conclude, amend and terminate an employment contract in accordance with the Labor Code;
• Reward employees for good service;
• Require employees to perform their job duties in a high-quality manner;
• Punish employees with disciplinary sanctions for misconduct;
• Dismiss incompetent employees and people who have committed serious misconduct, and others.

Parties

The objective side is recognized as:

• financial interest;
• ensuring the labor process with the final receipt of results expressed in the material, intellectual, cultural values ​​of society;
• receiving social and economic benefits (pensions, vacations, departmental vouchers to sanatoriums).

The participants themselves are considered the subjective side. They are endowed with rights and responsibilities clearly regulated by law.

This category includes:

• citizens of working age, called workers;
• organizations acting as employers;
• trade union organizations created to defend the interests of workers.

Worker

An employee is defined as an individual who enters into legal relations with the employing organization. Initially, the legal status of an employee is determined by the Constitution of the Russian Federation.

Article 37 of this law guarantees every citizen of working age the right to free work. He is free to independently manage his existing abilities, choose the appropriate type of activity, and voluntarily enter into contracts and agreements.

The agreement guarantees the certainty of the assigned functions and the stability of their implementation. The status of an employee comes into effect upon acceptance of contractual obligations. With the emergence of labor relations, the employee has the right to personally perform specified duties in collective production.

Employer

The employer is the organization concluding the contract.

The employer should not require the performance of duties that go beyond the scope of the contractual functionality. However, after mutual agreement, it is allowed to make changes to the contract regarding the scope of professional duties. Such changes should be dictated by production needs.

In production, reorganizations are possible with the need to change job responsibilities, up to transfer with the imposition of new professional responsibilities.

All this is possible with the consent of the employee. When the latter refuses to transfer or change the contract, the employer with a clear conscience can dismiss the obstinate employee under clause 7 of Article 77 of the Labor Code of the Russian Federation.

Parties to the contract: employee and employer

After an employment contract is concluded, labor relations begin to operate, and the parties assume the status of “employee” and “employer”. The parties lose their status upon termination of the employment contract.

Participants in an employment transaction are endowed with rights that must not be violated by the parties and responsibilities that they must comply with.

An employee is a hired person who undertakes to perform labor duties for a guaranteed salary. Permission to work freely is granted to every able-bodied citizen by Article 37 of the Constitution of the Russian Federation. Therefore, a person can choose his own profession and do the work he likes and for which he is suitable.

An employer can be an individual entrepreneur or an organization that provides the employee with everything necessary to carry out work and also pays for it. The employer also has a number of rights and obligations that must be respected in accordance with labor standards.

Employee rights

This part of the legal relationship is closely tied to the responsibilities of the employer. The range of rights granted is based on the provisions of legislation, employment contracts, and local regulations.

Rights apply to:

• Possibility of concluding, changing and terminating contracts.
• Ensuring the scope of work specified in the contract.
• Providing a workplace that meets all safety standards.
• Timely payment of labor according to the established salary and available allowances. The salary must correspond to the qualifications of the employee.
• Compliance with the activity regime.
• Informing about upcoming working conditions and possible occupational hazards.
• Maintaining qualifications at the required level (training).
• Membership in workers' trade unions.
• Conclusion of collective agreements with third-party organizations.
• Where appropriate, participate in the management of the enterprise.
• Conducting strikes and protests in an acceptable form.
• Protecting your legitimate interests through forms not prohibited by law.
• Compensation for damage received in the course of professional activities.

Responsibilities of the employee

The employee is obliged:

• Perform professional duties at the proper level.
• Maintain qualifications at a level that ensures high-quality performance of professional duties.
• Notify the administration of circumstances that arise that pose a danger to the employee and the organization’s staff.
• Strictly adhere to the internal regulations of the enterprise.
• Strictly adhere to occupational safety recommendations.
• Handle company property with care.

List of employee responsibilities in labor law

The goal is to ensure that employees conscientiously perform their professional functions, as well as proper attitude towards the organization’s property and compliance with labor regulations.

The employee must comply with the following rules:

• fulfill the duties specified in the employment contract;
• comply with the local labor regulations of the organization;
• be guided by the rules of labor discipline;
• carefully comply with occupational health and safety regulations;
• treats the property of the company and colleagues with care;
• immediately notify management of the occurrence of a situation that may threaten the life or health of people or the property of the organization.

Responsibilities of employers

This subsection is related to the rights granted to the employee. Since the legislator seeks to protect the interests of the employee, as a more vulnerable subject of relations, the range of responsibilities of any employer is much broader than the rights.

The employer is obliged to provide:

• compliance with legal and contract requirements;
• subordinates to the work specified in the contract;
• timely notification of employees about upcoming reorganizations and changes in the activities of the enterprise, which may entail a revision of contractual provisions;
• familiarization of employees with the regulatory framework of the enterprise;
• supplying workers with the necessary equipment, consumables, instructions;
• payment of the entire amount of salary on time;
• compliance with all instructions of the State Labor Inspectorate;
• acceptance for consideration of submissions from the trade union of the organization's employees;
• admission of employees to management under permitted circumstances;
• compliance with the work and rest schedule of employees;
• if necessary, assistance in resolving everyday issues of employees;
• implementation of social insurance;
• compensation for damage caused by the employer’s negligence.

The vast majority of readers of this material have to enter into labor relations. Experience is not always positive. Often misunderstandings and controversial situations occur due to basic ignorance of the laws. Therefore, it is necessary, as they say, to “keep your finger on the pulse”, studying the provisions of the Labor Code, and carefully study the employment contract before signing it.

Additional employee rights

According to Article 197 of the Labor Code of the Russian Federation, an employee has the right to receive additional professional education. The employer draws up an agreement with the applicant, according to which he will receive additional education with or without interruption from work. A specialist who combines work with training has the right to count on being granted study leave. According to the Labor Code (Articles 173–176 of the Labor Code of the Russian Federation), student leave is a type of additional paid leave.

Cases of refusal to travel

Not every employee agrees to go on business trips, especially long ones. Refusal to comply with an order is considered lawful if the employment contract specifies the impossibility of traveling to other cities on behalf of the employer under certain circumstances. In the absence of a prescribed clarification, the employee is obliged to comply with the requirement.

The legislation provides for the impossibility of sending the following persons on a business trip:

• pregnant employees;
• minors who have a student agreement;
• women raising children under three years of age;
• single parents raising a child under five years of age, as well as guardian workers;
• disabled people;
• workers who are on a temporary disability certificate.

What is a worker injured at work entitled to?

An employee has the right to expect to receive:

• temporary disability benefits;
• lump sum payment;
• receive insurance payments every month;
• receive monetary compensation for rehabilitation and medicines;
• reimbursement of travel expenses to receive medical services;
• the opportunity to undergo retraining in another specialty.

Information! The employee has the right to receive compensation for moral damage.

The right to file a claim with the employer in case of violation of rights

If an employer violates the rights of an employee, the latter has the right to file a complaint with the trade union that protects the rights of employees of the enterprise. The Labor Dispute Commission (LCC) considers individual appeals from citizens whose rights have been violated. If these bodies are not available at the enterprise, you should:

1. Submit an application to the State Labor Inspectorate. If violations are detected, the employer will be fined and ordered to eliminate the shortcomings.
2. Contact the prosecutor's office. The facts of the application will be checked, and in case of violations, the employer will be punished.
3. File a lawsuit.