What are the ways to protect workers’ labor rights?

The right to work is one of the fundamental rights of citizens of our country, which is declared in the Constitution. In modern society, once again in a state of economic crisis, not all employers consider it necessary to respect this right. The media regularly report cases of illegal dismissal of employees, delays in salary payments, and so on. Situations such as these require knowledge of the legal framework of labor relations from all interested parties. Ways to protect the labor rights of workers is one of the most pressing problems in this industry.

Employee rights

A company employee has the following rights:

• the worker has the opportunity to enter into, change and terminate employment relationships;
• the employee has the opportunity to perform the work specified in the employment contract;
• The employee’s place must meet all labor safety standards;
• the employee has the opportunity to receive wages without delay. It must correspond to the level of his qualifications and the work done;
• has the opportunity to rest;
• has the right to receive comprehensive information about working conditions;
• has the opportunity to undergo additional training and improve their qualifications;
• has the opportunity to unite in trade unions to protect their interests;
• can participate in organizational management;
• can participate in negotiations and conclude collective agreements;
• has the right to defend their interests, freedoms, rights;
• can resolve labor disputes, both individual and collective;
• may demand compensation for damage caused to him at work, including moral damage;
• has the right to compulsory insurance.

Decoding the concept

Protection of labor rights is protection that is guaranteed by the state in relation to all workers in the labor sector.

This protection aims to avoid violations of rights in the world of work or, in the event of such violations, to immediately restore rights.

In case of violations, workers receive compensation. Protection of rights by state supervision bodies is guaranteed; other types of protection are chosen by the employee himself in accordance with Article 45 of the Constitution of the Russian Federation (it allows all methods not prohibited by law).

Common violations of employee rights

It is rare to find a company where absolutely all workers' rights are respected. Often they are violated even without malicious intent, when an employee, for example, stays late at work without pay or does work that is not his job so that his superiors notice him. In Western countries, they monitor more closely the rights of ordinary workers. A common situation that dishonest employers take advantage of is that the employee does not know his rights.

In Russia, the most frequent examples of non-compliance with worker rights are in the following areas:

• the procedure for concluding an employment contract, as well as its termination or modification;
• payment for the work process;
• labor protection;
• rest and work schedule;
• violation of the provision of compensation and guarantees;
• imposition of penalties.

Regarding the employment contract

Getting a job begins with the execution of an agreement between the employee and management. According to information provided by the State Labor Inspectorate, the following violations were identified:

• lack of a written agreement;
• the contract does not have mandatory working conditions;
• when applying for a job, the person was not introduced to the company’s labor regulations, the collective agreement, as well as other acts of the state that are related to his direct activities;
• the order for employment was not issued, or was issued in violation of the deadlines;
• minors were not examined by doctors before going to work;
• the work book is stored in violation of storage rules;
• the period during which the employee must be notified of all changes in the employment contract has been violated;
• assigning a probationary period to categories of citizens to whom it should not be assigned;
• concluding a civil law contract instead of a labor contract.

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Such non-compliance is usually discovered during an inspection or when an employee makes a complaint. The prosecutor's office can also conduct an inspection.

Admission to certain positions must be supported by a certificate confirming that the person has no criminal record, or, for example, a driver’s license. The absence of these documents when applying for a device is a violation.

In the process of remuneration payment

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Such violations occur quite often. The inspection classifies several types of them:

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• wages are paid once a month;
• payments occur with delays;
• upon dismissal, no money is paid.

By law, salaries must be paid to employees twice a month. Some unscrupulous employers pay money as they please. They use the “black method” of payment. Upon dismissal, there is no settlement with the employee.

Related to labor protection

The area of ​​labor protection for employees has many violations. Management does not comply with requirements regarding workplace certification. It must be carried out at least once every five years for each employee’s position. When accidents occur at work, management neglects the following points:

• management does not inform the competent authorities that the employee has received serious injuries;
• lack of a commission to investigate injuries and accidents;
• lack of documents related to the accident.

In the field of leisure and work hours

Most often, when checking by the inspectorate, the following violations related to rest and work hours are revealed:

• too long working hours and short rest;
• not providing vacations;
• violation of working hours for certain categories of citizens.

Applications of penalties

The inspectorate draws attention to such violations as the unreasonable application of penalties to an employee. This also includes the lack of a written explanation from the employee and the failure to draw up a report.

Legal regulation

The main law in the field of regulation of labor relations is the Constitution. The norms contained in it emphasize the exceptional importance of workers' rights and freedoms. Forced labor is prohibited, decent remuneration and non-discrimination on any grounds are guaranteed.

International norms ratified by the Russian Federation are becoming increasingly powerful. In particular, some ILO conventions.

The next most important law is the Labor Code. Other federal laws must be consistent with the code. If there are discrepancies, priority is given to the TC. The main methods of protection are regulated by Art. 352 TK.

Federal laws No. 426-FZ and No. 181-FZ play a significant role in protecting the rights of workers in difficult and hazardous working conditions. If employees have reason to believe that the work environment poses a risk to life and health, they have the right to initiate an inspection of the conditions through the labor inspectorate or the prosecutor's office.

Confirmation of this fact means monthly accrual of additional payments, provision of free special food and paid days of rest (depending on the assigned hazard category).

Social protection of workers injured in an accident at work is regulated by Law No. 125-FZ. In particular, mandatory insurance is provided on the part of the employer against both accidental injuries and diseases acquired as a result of performing work duties.

The activities of trade unions and their powers to protect workers' rights are reflected in the provisions of Law No. 10-FZ.

In addition to federal laws, by-laws may be applied, for example Government Decrees, as well as instructions from the Federal Labor Service.

Measures to protect labor rights may be reflected in local acts of an individual enterprise or organization. Their use should not contradict the norms of the Labor Code.

Ways to protect labor rights

According to labor legislation, the main ways to protect the rights of workers are:

• state control (supervision) over compliance with labor legislation;
• protection of labor rights by trade unions;
• independent protection by employees of their labor rights;
• protection of labor rights in the courts.

Other, not prohibited by law, methods of protecting labor rights are also permitted. But the above list is sufficient for competent behavior in labor relations.

Self-defense

This concept includes the entire range of means that are available to an employee to protect violated labor rights on his own. In all cases of violation of rights, a parallel filing of a complaint against the employer with government agencies is allowed.

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Most often, self-defense is applicable in the following cases:

• violation of the deadline for payment of wages;
• non-payment of wages;
• non-compliance with labor safety standards.

Despite the existence of legal norms regulating the self-defense of an employee, the legislator provides for only one form of it - a complete refusal to perform one’s work functions.

So, for example, if non-payment of wages continues for more than 15 days, any working person can legally refuse to perform his official functions. He must notify the employer organization about this in writing. Suspension of work usually lasts until the violation is eliminated. The employer is obliged to notify his employee in writing about the possibility of paying wages. During self-defense, a worker may not be at work during working hours, but he has the right to receive an average salary for the period of self-defense.

In addition to the considered case, an officially employed person can use the right to self-defense granted to him by law if he refuses to perform work activities not provided for by the employment contract, or if there are threats to his life or health.

There is no need to fear harassment from the employer in self-defense, since such behavior falls within the employee’s legal rights.

However, the employer’s rights are also protected by law; he is entitled to defense and can apply to the same government bodies: the State Labor Inspectorate, the court - in order to challenge the illegal, in his opinion, actions of his employee.

The decision of these bodies is binding on both parties, therefore, if an employee’s right to self-defense in a particular case is declared illegal, then he must immediately begin work.

Protection of rights with the participation of trade union bodies

An employee has the right to receive assistance from professional associations in protecting his violated labor rights, provided that they are organized in the institution of the employer of this employee, who has become a member of the trade union on a voluntary basis.

The concept of “territorial trade union” is disclosed in the relevant law “On Trade Unions”. This is an association of citizens working in a certain industry, created on a voluntary basis and included in larger trade union associations. The most important goal of a trade union is to protect the interests of its members.

This association is authorized to monitor compliance by employers with labor standards established by law. This professional organization is independent and its activities are not influenced by government organizations.

To make a number of personnel decisions, the employer is required to notify trade unions and take into account the opinion of this body when making the final decision.

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The legislator establishes these cases upon termination of labor relations with trade union members in the following cases:

• reductions;
• low qualifications of the employee, as a result of which he is recognized as unsuitable for the position;
• repeated refusal of an employee to perform official duties.

To create optimal conditions conducive to protecting the interests of all members of a trade union, this association can delegate its powers to protect workers to trade union inspectors.

They have the right to:

• visiting organizations that employ unionized workers;
• participation in the activities of the commission for the acceptance of production facilities;
• provide assistance in organizing compensation for damage when a trade union member receives it at work;
• check the working conditions of the working population and the fulfillment by employers of the obligations contained in collective agreements;
• analyze what caused accidents.

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If trade union inspectors detect violations, the violator is obliged to notify the inspection body no later than 7 days about actions to eliminate the shortcomings.

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Methods of protecting the rights of the working population, included in non-state ones, are enshrined in law. Every working citizen can protect his labor interests himself.

An important role in the implementation of labor rights defined by law is played by trade unions, endowed with fairly extensive powers for this purpose.

Protection of labor rights by government agencies

State control (supervision) over compliance with labor legislation is assigned to the State Labor Inspectorate. The procedure for the inspection's activities is determined by the Government of the Russian Federation. A form of supervisory and control activity is inspection, carried out on behalf of Rostrud and structural divisions of the Ministry of Labor of the Russian Federation.

Along with this, the control function in certain areas of activity is assigned to the federal executive authorities. For example, the functions of the Ministry of Labor and Social Protection of the Russian Federation are to implement state policy in the field of labor, remuneration, labor protection, and so on. The functions of the department for organizing sanitary supervision of occupational hygiene, which is part of the structure of Rospotrebnadzor, is to check employers for compliance with the requirements of sanitary legislation.

The prosecutor's office also belongs to the regulatory authorities. The prosecutor checks information about violations of human rights, explains the procedure for protecting rights, takes the necessary measures to suppress violations of human rights, including carrying out a prosecutorial check on compliance with labor protection of workers.

To initiate an inspection against an employer, an employee can use a complaint to the labor inspectorate, the prosecutor's office, Rospotrebnadzor, or other government bodies. You will find examples and recommendations for drawing up such documents on the website.

Protection of labor rights in the courts

In order to restore violated rights, an employee may go to court. Today, this method of protecting rights is the most effective. After all, a court decision in a civil case is binding. However, the time limit for going to court is limited to 3 months, and for dismissals - 1 month.

In addition to the judicial authorities, depending on the violated right, the employee has the right to apply to the commission for social and labor relations, labor disputes and labor arbitration

In fact, legislation provides significant opportunities to protect labor rights. Unfortunately, a significant portion of employees do not know or understand how best to take advantage of the opportunities provided. Although almost any problem in labor relations can be resolved in favor of the employee. This is evidenced by judicial practice in claims for reinstatement at work, recovery of wages, etc. It is more difficult with the evidence base for claims about the conclusion of an employment contract, about establishing the fact of labor relations.

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What does the labor inspectorate do and how can it help?

The protection of labor rights depends entirely on the active actions and initiative of the employee.

Labour Inspectorate

The State Labor Inspectorate is a government body that monitors compliance with labor legislation. Labor inspection departments operate in all regions and are available to all citizens who need the protection of labor rights.

The labor inspectorate works on complaints from citizens. The functions of the inspectorate include monitoring the implementation of labor legislation. The inspectorate can implement the protection of labor rights by:

• carrying out inspections
• performing examinations
• issuing orders
• drawing up protocols on administrative offenses
• imposing fines

The labor inspectorate can only control those employment relationships that are ongoing. Disputes regarding dismissal or violations in former labor relations are not within its competence.

The most effective way is to contact the labor inspectorate with complaints about the actions of individual entrepreneurs. The main thing is that the employment contract is drawn up properly.

How to properly file a complaint

Regardless of where you plan to file a complaint against your employer, you must competently draw up a complaint or statement of claim. In addition to the applicant’s data, these documents must detail what, in the applicant’s opinion, was a violation of his rights by the employer, and which articles of the Labor Code were violated. The stated facts must be confirmed, the documents are listed in the complaint, and their copies are attached to it as evidence.

You can draw up an appeal or statement yourself, using samples on the official websites of government agencies or in legal reference systems. If you have doubts about the level of your own knowledge, it is advisable to use the help of professional lawyers and specialists in the field of labor law.

Protection before government agencies

This method is the simplest, since it is provided by the state. The employee needs to contact the State Labor Inspectorate with his problem, and the employees of the State Labor Inspectorate will take further actions.

A written application must be submitted to the Inspectorate. In most regions of the Russian Federation, this can be done via the Internet by sending an application to the Inspectorate’s e-mail address. You can find out the mailbox of the regional branch of GIT on its official website.

An employee may ask the Inspectorate not to let its employees disclose his personal information to the employer. The State Tax Inspectorate cannot refuse a request, so the applicant’s full name, position and other data will be hidden from the employer during the inspection. This right is provided for in the Labor Code to prevent the employer from influencing the employee in the process of state supervision.

You can contact the State Labor Inspectorate not only to verify the fact of violation of rights, but also simply to clarify any norms in the field of labor law and legislation. Inspectorate employees are obliged to respond to any request (except, of course, for humorous letters that they inevitably receive by email).

What should a person do if an employer violates his rights?

If an employee believes that his rights have been violated, then he needs to understand whether the manager’s actions are illegal.
Next, you need to decide how to restore justice. First, you should talk to your superiors about the infringement of personal rights and freedoms. It is important to refer to the provisions of labor legislation. If this does not lead to anything, then you need to contact the government agency that protects the interests of workers. It is not recommended to use self-defense methods, especially if there is no successful practice of such actions.

To understand where to file a complaint, it is necessary to analyze the nature of the violation. It is important to collect a good evidence base. The success of the business depends on this. Therefore, it is important for employees to know their rights and responsibilities as an employer.

If the head of a company commits actions that do not fall within the framework of labor legislation, then he can be held accountable. To do this, you need to choose the optimal method and form of protecting personal rights, and the organization to which to draw up and submit a complaint. The success of resolving a conflict largely depends on the employee’s activity, his desire to defend his interests, as well as the availability of a good evidence base.

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Forms of labor protection for workers

Protection of labor rights can take different forms. It is important that the methods used are provided for by the legislation of the Russian Federation and do not contradict it. They represent an established type of law enforcement activity, which concerns the application of certain measures to protect the violated, disputed rights of employees.

There are jurisdictional and non-jurisdictional forms of law enforcement activities. It is important to understand the features and characteristics of each. Non-jurisdictional forms include conciliation procedures (negotiations with the head of the company to resolve a conflict situation) and self-defense.

Jurisdictional protection is carried out by special bodies:

• labor dispute commissions;
• magistrates' courts;
• prosecutor's office;
• organizing state control over compliance with labor legislation;
• courts of general jurisdiction;
• Commissioner for Human Rights in Russia;
• Constitutional Court of the Russian Federation.

When choosing a form of protection of labor rights, it is necessary to take into account the scope of competence of a certain body, the conditions for applying to this authority, and its jurisdiction.

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Self defense

You can defend your rights yourself. But, the norms of the Labor Code offer only one way to personally combat the arbitrariness of the employer - refusal to perform work. In this regard, it is necessary to distinguish between a work stoppage and a strike.

Self-protection methods:

• refusal to perform work not provided for in the contract;
• refusal to perform dangerous work associated with a possible risk to life or health;
• other refusal options prescribed by law (urgent business trip, postponement of vacation, etc.);
• suspension of labor functions due to late payment.

To apply the above methods, written documentation is not required, nor is the involvement of regulatory government agencies. These techniques can also be used in parallel with other methods of protecting labor rights.

If an employee has good reasons for self-defense, the employer does not have the right to bring him to disciplinary or administrative liability.