Rights and obligations of the employee and employer under the Labor Code of the Russian Federation

Most of the adult population of the Russian Federation is on both sides of the labor relationship, acting either as an employee or as an employer.

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Each of these entities has rights and responsibilities; to be successful, they must be known, protected and fulfilled. The Labor Code (Articles 21, 22) reveals in detail the essence of these issues.

How do labor relations arise?

Labor relations in accordance with the Labor Code of the Russian Federation can begin only with legal registration, and it must take place in the manner prescribed by law. For example, the age at which a person can begin official work must be at least 16 years old.

It is also imperative that a contract or employment agreement be concluded between the employer and the employee.

Of course, in real life, many people work unofficially, without drawing up any contracts or agreements. This deprives the employee of many rights and contributions for a future pension.

The employment relationship is terminated upon termination of the contract or employment agreement.

If the employment contract is not concluded, then the employee loses many rights that he had the right to count on if he were officially registered.

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.

What does the Labor Code of the Russian Federation say about guarantees for workers?

The basic rights and responsibilities of an employee are determined by Art. 21 Labor Code of the Russian Federation. A person who has signed an employment contract has the right to count on:

correct conclusion, amendment and termination of employment agreements;
provision of work and workplace specified in the contract;
timely and full payment of labor;
proper rest - breaks between shifts (weeks) and vacation;
reliable and complete information about working conditions and safety rules in the workplace;
obtaining the opportunity to study and improve qualifications;
association and joining trade unions;
conducting negotiations on increasing the level of security and providing additional guarantees;
protection of rights and freedoms, including in court and through strikes;
compensation for harm, including moral damage, caused during the performance of labor functions;
compulsory social insurance.

The list presented cannot be shortened under any circumstances. Otherwise, the employer will be held accountable - administrative or criminal (depending on the requirements violated). But the list of guarantees can be expanded. How much depends on the capabilities of the employer.

With regard to the duties of employees, also listed in Art. 21 of the Labor Code of the Russian Federation, these include:

conscientious performance of labor functions;
compliance with internal regulations and discipline;
compliance with labor safety standards and requirements;
careful attitude towards the property of the employer and colleagues;
notification of an emergency situation that threatens the life and health of people and the safety of property.

If we talk about the rights and responsibilities of workers in production, they are supplemented by the need to eliminate the consequences of natural or man-made disasters, accidents, emergencies, or to perform work to prevent them.

Employee rights

Of course, the rights of an employee directly depend on the duties that the employer will perform.

Basic rights and obligations of the employee and employer

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Workers have the right to:

1) work as the most worthy way of self-affirmation of a person, which means the right to choose a profession, occupation and work in accordance with vocation, abilities, education, professional training and taking into account social needs, as well as to healthy and safe working conditions;

2) protection of economic and social rights and interests, including the right to form trade unions, conclude collective bargaining agreements, and the right to strike;

3) participation in meetings;

4) participation in the management of the organization;

5) a guaranteed fair share of remuneration for work in accordance with its quantity, quality and social significance, but not lower than the level that ensures a free and decent existence for workers and their families;

6) daily and weekly rest, including days off during public holidays and public holidays and vacations of a duration not less than that established by the Labor Code;

7) social insurance, pensions and guarantees in case of occupational disease, work injury, disability and loss of work;

non-interference in private life and respect for personal dignity;

9) judicial and other protection of labor rights.

The employer has the right:

1) conclude and terminate employment contracts with employees;

2) enter into collective negotiations and conclude collective agreements and agreements;

3) create and join employer associations;

4) encourage employees;

5) require employees to comply with the terms of the employment contract and internal labor regulations;

6) bring employees to disciplinary and material charges;

7) go to court to protect your rights.

Responsibilities of employees:

1) conscientiously perform their labor duties, including complying with established labor standards;

2) obey the internal labor regulations, other documents regulating labor discipline issues, carry out written and oral orders (instructions) of the employer that do not contradict the legislation and local regulations;

3) not allow actions that prevent other employees from performing their job duties;

4) ensure compliance with established requirements for the quality of products manufactured, work performed, services provided, avoid defects in work, and maintain technological discipline;

5) comply with the requirements established by regulatory legal acts for labor protection and safe work performance, use personal protective equipment;

6) treat the tenant’s property with care and take measures to prevent damage;

7) take measures to immediately eliminate the causes and conditions that impede the normal performance of work (accident, downtime, etc.), and immediately report the incident to the employer;

maintain your workplace, equipment and fixtures in good condition, order and cleanliness;

9) comply with the established procedure for storing documents, material and monetary assets;

10) keep state and official secrets, not disclose the employer’s trade secrets without appropriate permission;

11) fulfill other duties arising from legislation, local regulatory legal acts and the employment contract.

For failure to perform or improper performance of their duties, employees bear responsibility under the Labor Code and other legislative acts.

Responsibilities of employers when hiring:

1) require from the employee the documents necessary to conclude an employment contract in accordance with the law;

2) familiarize the employee, against signature, with the assigned work, conditions and remuneration and explain his rights and obligations;

3) familiarize the employee, against signature, with the collective agreement, agreement and documents regulating the internal labor regulations;

4) conduct introductory training on labor protection;

5) formalize the conclusion of an employment contract by order (instruction) and announce it to the employee against signature;

6) in accordance with the established procedure, create (fill out) a work book for the employee.

If there is any doubt about the authenticity of an education document, the employer is obliged to send a request to the Ministry of Education of the Republic of Belarus to confirm the fact of its issuance to a specific person.

Responsibilities of employers when organizing the work of employees:

1) rational use of workers’ labor;

2) ensure labor and production discipline;

3) keep records of the time actually worked by the employee;

4) pay wages within the terms and amounts established by law, collective agreement, agreement or employment contract;

5) ensure healthy and safe working conditions at each workplace, comply with labor protection requirements established by regulatory legal acts and provide guarantees and compensation for work under harmful and (or) dangerous working conditions. If there are no requirements in regulatory legal acts to ensure safe working conditions, the employer takes measures to ensure healthy and safe working conditions;

6) take the necessary measures to prevent industrial injuries, occupational and other diseases of workers; constantly monitor the knowledge and compliance of employees with the requirements of safety instructions, industrial sanitation and fire safety; promptly and correctly investigate and record industrial accidents;

7) in cases provided for by law and local regulatory legal acts, promptly provide guarantees and compensation in connection with harmful and (or) dangerous working conditions (shortened working hours, additional vacations, therapeutic and preventive nutrition, etc.); comply with labor protection standards for women, youth and people with disabilities;

provide workers with special clothing, special footwear and other personal protective equipment in accordance with established standards, organize proper storage and care of these equipment;

9) ensure compliance with labor legislation, conditions established by collective agreements, agreements, other local regulations and employment contracts;

10) timely formalize changes in the employee’s job responsibilities and familiarize him with them;

11) provide advanced training or retraining of employees in the manner and under the conditions determined by the Government of the Republic of Belarus or an authorized body;

12) create the necessary conditions for combining work with training in accordance with the Labor Code;

13) ensure the participation of employees in the management of the organization, timely consider critical comments from employees and inform them about the measures taken;

14) provide statistical data on labor in the amount and manner determined by law;

15) formalize changes in conditions and termination of an employment contract with an employee by order (instruction);

16) suspend employees from work in cases provided for by this Code and legislation;

17) fulfill other duties arising from legislation, local regulations and employment contracts.

Employers carry out their duties in appropriate cases in agreement or with the participation of trade unions, including when adopting local regulations affecting the labor and socio-economic rights of workers.

For failure to perform or improper performance of their duties, employers (an authorized official of the employer) bear responsibility under the Labor Code and other legislative acts.

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Responsibilities of the employee

The responsibilities of the hired employee are as follows:

Performing work duties efficiently and on time, using existing professional skills;
The employee’s professional qualifications must remain at a high level and not decline;
The employee is obliged to inform senior management about possible dangerous situations that arose during work;
Observe the work schedule and carry out work activities in accordance with it;
Comply with labor safety requirements in the workplace;
Carefully manage the property of the institution provided to the employee for work activities.

Procedure for registering remote work

To transfer to remote work, it is necessary to conclude an additional agreement to the employment contract. Article 312.2 of the Labor Code of the Russian Federation defines the specifics of concluding an employment contract and an additional agreement to the employment contract, providing for the employee to perform a labor function remotely. In particular, it is stated that:

employment contracts and additional agreements to them, providing for the employee to perform a labor function remotely, may be concluded by exchanging electronic documents between the employee (person applying for work) and the employer in the manner prescribed by part one of Article 312.3 of the Labor Code of the Russian Federation;
when concluding an employment contract by exchanging electronic documents, the documents provided for in Article 65 of the Labor Code of the Russian Federation are allowed to be presented to the employer by the person applying for remote work in the form of electronic documents, unless otherwise provided by the legislation of the Russian Federation;
familiarization of a person applying for remote work with the documents provided for in Part 3 of Article 68 of the Labor Code of the Russian Federation can be carried out by exchanging electronic documents;
at the request of the remote worker, information about his work activity is entered by the employer into the work book of the remote worker, provided that it is provided by him, including by sending by registered mail with notification (except for cases where the employee’s work book is not kept).

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.