Article 264. Guarantees and benefits for persons raising children without a mother

Legislative basis of social guarantees

Social guarantees for employees form the basis of social policy in the sphere of labor, which can be considered in two aspects:

• from the position of the state, seeking to establish uniform principles of relations between employees and employers, to smooth out the consequences of the employee’s dependence on the employer;
• from the point of view of the employer, who creates working conditions that are attractive to employees.

Social guarantees at the state level can be:

• national - established by the Labor Code of the Russian Federation for all employees;
• sectoral - determined by relevant legislative acts depending on the characteristics of labor in specific sectors;
• regional - introduced at the level of the subject by its laws.

Industry and regional guarantees can significantly expand the guarantees established by the Labor Code of the Russian Federation and determine the existence of fundamental differences that arise both among industries and between regions. For employers belonging to the relevant industry or region, providing employees with social guarantees provided for by law at any level is mandatory. However, they have the right to expand their circle by committing themselves to additional guarantees for persons who are their employees.

Upon termination of an employment contract, incl. reduction

The law determines for all categories of citizens, without exception, certain social guarantees upon dismissal from work. Their list included:

1. Opportunity to receive full payroll. The employer is obliged to pay all wages due to the worker until the day of dismissal (which is a working day). This payment is made in full on the last day of work.
2. Providing required leave or paying monetary compensation. It is also carried out on the last working day of the worker.
3. Certified copies of documents on termination of employment relations, pay slips.
4. Receiving proposals from the employer with a list of positions for employment in the event of layoffs. Advance notification of layoffs.
5. Payment for periods of incapacity for work that began before the day of dismissal and ended after the end of this procedure. This rule applies only in cases where the employee himself took the initiative to quit.
6. A ban on the dismissal of employees at the initiative of the administration (downsizing), during periods when they are on sick leave, on business trips, or vacations.
7. The opportunity to be reinstated and receive compensation for the entire period of absence if the dismissal was illegal (proven in court).

Remember, the rights provided above apply to employers of all forms of ownership. The main thing is that the employment is official (confirmed by documents).

Social guarantees provided for by the Labor Code of the Russian Federation

The text of the Labor Code of the Russian Federation contains the largest number of social guarantees for employees. One part of them is highlighted in a special section, and the other is included directly in the texts of those chapters to which the guarantees relate. For example, guarantees related to:

• with the conclusion of an employment contract (Chapter 11): limiting the age for admission to work and determining the reasons prohibiting refusal of employment (Articles 63–64);
• establishing a list of documents required for employment, and the obligation to formalize in writing all terms of the relationship (Articles 65–68);
• mandatory medical examinations when applying for jobs involving harm or danger to health for people under 18 years of age (Article 69);
• limiting the conditions for establishing a test, making it mandatory before starting work, taking into account the likelihood of employee dissatisfaction with work (Articles 70, 71);

For more information about the guarantees that exempt pregnant women and people with children from certain official duties, read the material “Art. 259 of the Labor Code of the Russian Federation: questions and answers.”

A special section of the Labor Code of the Russian Federation includes guarantees related to:

• with business trips (Chapter 24), obliging the employer to maintain the employee’s place of work and average salary, as well as to reimburse all expenses associated with the trip;
• with the performance of state (public) duties (Chapter 25), for which the employee is released from his main job while retaining his place and salary;
• with the receipt of additional education for the first time (Chapter 26), obliging the employer to provide paid study leave of a certain duration or other (paid or unpaid) time for study;
• with the dismissal of employees (Chapter 27), providing for the availability of advantages for some persons in remaining at work during a reduction in numbers, payment in certain cases of severance pay and compensation.

Please take into account all the above-described guarantees when concluding an employment contract.

Social guarantees for teaching staff

Social guarantees for teaching staff are established by the Labor Code of the Russian Federation (Articles 333–335) and the Law “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ (Clause 5, Article 47):

• reduction of working hours;
• periodic receipt of additional professional pedagogical education;
• extended annual basic leave and once every 10 years leave lasting up to 12 months;
• early assignment of an old-age pension;
• providing those in need with social or specialized (rented) housing;
• other measures legally established in the Russian Federation and its regions.

What are the changes in the benefits area?

The essence of the changes and amendments is to give social non-profit organizations the same rights that micro-enterprises already have. For example, do not draw up local regulations (internal labor regulations, provisions on wages, bonuses, shift schedules) and the like, but spell out all these nuances in employment contracts with employees. However, in order to take advantage of these rights, several conditions must be met, such as: the number of employees of the enterprise should not exceed 15 people, and the income should not be more than 120 million rubles.

I would also like to say that the Ministry of Labor of the Russian Federation on the portal for posting regulations published a new draft federal law “On Amendments to the Labor Code of the Russian Federation,” which will consolidate some changes in the Labor Legislation.

So, this project contains information - if possible, to legalize the extension of the term of the employment contract, to change some terms of payment for sudden leave, etc. For example, it is proposed to introduce the right of the employer to reduce the established period for notifying the employee about the changes that are coming, which are determined by the parties to the employment contract, to one months, as well as other issues.

Whether these amendments will be approved or not will become known a little later, since this issue is still under discussion.

Social guarantees for medical workers

Establishing guarantees for medical workers, Art. 72 of the Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” dated November 21, 2011 No. 323-FZ mainly refers to the guarantees contained in the Labor Code of the Russian Federation, listing in addition to them the following:

• the possibility of retraining at the expense of the employer if it is impossible to perform one’s job due to health conditions or due to the downsizing (liquidation) of the organization;
• periodic certification for the qualification category and taking into account its results when setting salaries;
• creation of non-profit organizations with a professional orientation;
• professional liability insurance;
• additional guarantees established in the Russian Federation and regions.

Changes in labor legislation 2021

Since January 2021, the Labor Code of the Russian Federation does not apply to self-employed citizens and individuals who hire workers for their personal services and to help with housekeeping.

Employers are individuals who are not individual entrepreneurs who will be able to conclude acts. This amendment was made to Article 22 of the Labor Code of the Russian Federation. Employers of this type are required to maintain work records if this is the employee’s main place of work. This amendment was made to Article 66 of the Labor Code of the Russian Federation.

Social guarantees for police officers

In contrast to guarantees for teaching and medical workers, an entire chapter is devoted to social guarantees established for police officers (chapter in the Law “On the Police” dated 02/07/2011 No. 3-FZ. It reflects:

• features of the formation of remuneration for labor, including the establishment of allowances;
• mandatory annual life and health insurance at the expense of the budget;
• the amount of benefits paid to family members and dependents in the event of the death of a police officer;
• the amount of benefits in connection with disability received in the performance of duties, broken down into amounts paid from the budget and withheld from the guilty persons;
• mandatory compensation from the budget for property damage with subsequent deduction of damage from the perpetrators;
• provision of housing (employee, rented or own) and medical care (including for family members);
• free travel in all types of transport when performing official duties, and in other cases - the right to an extraordinary purchase of tickets when traveling on a business trip and to a free travel pass within the locality;
• priority provision of places for children of police officers in educational institutions and health camps.

Guarantees and compensation in labor law are also provided for workers with harmful or dangerous working conditions. Find out which ones exactly in the ready-made solution from ConsultantPlus. If you do not have access to the K+ system, get a trial online access for free.

Additional social guarantees

The establishment of additional social guarantees is made by agreement between the employer and the employee and is enshrined in their joint document (collective agreement). This document can be created not only by one employer for a single workforce. It is acceptable to accept it:

• for the industry;
• workers' groups and employers' groups;
• separate separate divisions of the same employer.

What is included in the social package?

The Labor Code of the Russian Federation, allowing the parties to independently determine the form, composition and content of the collective agreement, outlines the range of issues that can be included in it (Article 41):

• the applied remuneration systems and the procedure for the formation of all components of the salary;
• obligations to pay additional compensation, benefits, and salary indexation;
• additional conditions that provide financial incentives for systematic professional development and additional education;
• parameters of the work and rest regime, including the conditions for granting additional leaves;
• labor protection measures complementing the Labor Code of the Russian Federation;
• additional benefits provided to employees and members of their families.

The employer may, for example, undertake to:

• additional payment for length of service (length of service);
• issuing financial assistance for certain reasons;
• payment for gifts to employees on holidays;
• payment of expenses for a personal telephone, transport, fuel and lubricants, provision of parking spaces;
• full or partial payment for meals at work;
• life, health and additional medical insurance;
• providing sick employees with additional days of paid rest;
• payment for medical care;
• full or partial payment for vacation;
• providing the employee with free tickets to cultural events or the opportunity to visit the gym;
• paying for places in kindergartens or creating your own kindergarten (group);
• compensation of expenses (full or partial) for children’s holidays and for preparing them for school or studying in educational institutions.

A collective agreement may also contain guarantees provided to young professionals, labor veterans or pensioners who have retired from the employer who signed this agreement.

When the owner of an organization changes, the collective agreement may need to be replaced. Read more about this in the material “Art. 75 of the Labor Code of the Russian Federation: questions and answers.”

What does it mean for those who combine work with education?

If an employee receives a higher education and his university has state accreditation, he is entitled to additional leave of duration:

• 15 days - for entrance exams;
• 15 days - to pass exams in preparatory courses;
• 40 days - in the first two courses, 50 days - in subsequent ones (per session);
• no more than four months - to prepare a thesis and pass the State Examination.

In the first two cases, the salary is not maintained; in the second two, the employer pays the student for the time of absence in the amount of average earnings. However, these measures apply to correspondence students. Full-time students are given 15 days for the session, one month for state exams and four months for preparing a diploma.

Final year students, if necessary, can have their working week reduced by seven hours. In their free time they will receive half the average salary. If this amount is below the minimum wage, they are entitled to an additional payment up to it.

If an employee is studying in graduate school or doctoral studies, he is given 30 days of paid leave during each year. Those who are defending their dissertation are entitled to longer breaks with the same salary: three months for candidates and six months for doctors of science.

Results

The current legislation of the Russian Federation contains a sufficient number of social guarantees for working persons, provided for both by the Labor Code of the Russian Federation and other laws that apply to certain industries or regions.
In addition, employers have the right to take on additional responsibilities in terms of social guarantees that increase the attractiveness of working for them. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.