In accordance with labor legislation, the employee is obliged. What is an employee entitled to?

The employee has the right to:

However, there are rights that most workers are not aware of. We have collected here the most interesting, from our point of view, examples.

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An employment relationship always has two sides: the employer and the employee. Only conscientious and voluntary interaction between the parties brings positive results and helps achieve a certain result. To clearly define the functions performed and the legislative and legal formalization of relations, the Labor Code of the Russian Federation regulates the duties and rights of the parties to labor interaction.

Basic responsibilities and rights of an employee

An employee is a hired person, his job functions in the organization have certain restrictions. But at the same time, as an employee he is protected Labor Code of the Russian Federation, which gives any working person a host of rights and responsibilities that are spelled out in Article 21 of the Labor Code of the Russian Federation. The points listed in the Code address all the basic needs of the employee. Somehow the proper formalization of the relationship between the parties, the creation by the employer of working conditions that meet the norms of the legislation of the Russian Federation, the opportunity to protect their rights by all legal means.

Employee rights under the Labor Code - list

The rights of an employee are based on human rights prescribed in the Constitution of the Russian Federation, and guarantee him the legal protection of the state and the conscientious attitude of the employer. The employee has every reason to demand the following guarantees from the employer:

1. Documentation of your job functions.
2. Payments of material compensation for work performed.
3. Providing rest commensurate with the work performed.
4. Advanced training.
5. Compensation for damage caused and provision of insurance.
6. Resolving local and global conflicts and disputes.

The employee has the right to defend any of the listed points in court if they are not properly fulfilled by the employer.

What are the rights of an employee when being laid off at work?

Reduction of staff is a forced and economically justified measure, but even here the employee can protect himself and have the right to continue to perform official duties or receive monetary compensation. In case of layoffs at work, employee rights in 2018 are defined as follows:

1. There are grounds for keeping a job if the employee belongs to the preferential list of people under the Code.
2. Receiving a severance pay in the amount of two, maximum three average monthly salaries of the employee, which allows him to start looking for a job that suits his qualifications.
3. The ability to defend yourself in court in case of illegal reduction or incomplete payment of benefits.

Responsibilities of the employee

Along with a wide range of protections provided by the state and the employer, the employee is subject to official and personal responsibilities. The employee’s responsibilities relate to the honest and careful performance of his duties, compliance with discipline and labor order, preservation of the employer's property. The employee is required to know and comply with health and fire safety standards. Timely reporting of threats to the life and health of other people is also the responsibility of the employee.

Main responsibilities and rights of an employer

The employer's responsibilities are much broader than the relationship with the hired employee and the performance of certain functions in relation to him. But if we consider exclusively the obligations to employees, we can identify the main functions of the employer, which are specified in Article 22 of the Labor Code of the Russian Federation. He is obliged to provide the hired person with social guarantees, provide a workplace that meets all points of the law and promptly encourage the person financially and morally in accordance with the concluded agreement.

Responsibilities of the employer to ensure safe conditions and labor protection

One of the main tasks of the employer is to provide the employee with safe working conditions. These standards are provided Article 212 of the Labor Code of the Russian Federation and oblige the employer to provide each employee with complete information about his job functions and their correct performance, to provide all workers with special clothing and protective equipment at his own expense, and to establish the correct balance between work and rest. The employer is obliged to develop and implement an OSMS at the enterprise, which is supported by a sufficient base of regulatory legal acts of local and state significance. Conduct pedagogical trainings and medical examinations for employees in a timely manner.

Employer's rights under the labor code

The employer has the right to demand from the employee the proper performance of his job functions and to provide incentives and punishments for their performance or violation. He can also hire an employee, petition for his dismissal, and replace a temporarily absent employee if necessary. Organizations represented by a leader can create labor and collective communities to resolve local official issues.

Protection of the rights of the employee and employer

Partial or complete violation of the terms of the employment contract by any of the parties gives grounds for the violated party to defend its rights, both privately and in judicial procedure. Both the employer and the hired person can raise questions about unfair treatment and violation of official and other functions. You can protect yourself by raising the issue for consideration. labor collective, or by contacting the labor inspectorate or court. To protect himself, the employer must comply, and the hired person must demand that all changes be made officially. By order, you can conclude an employment contract, change job functions and terminate relationships.

All adults can be divided into those who work and those who give work. The topic is close to everyone, so it is important to understand the legal field of “employee-employer”.

Employee – subject labor relations, employed by an employer and receiving wages as agreed.

The employer is an individual or entity, a participant in the labor relationship with the employee being hired.

Regulation of employee labor activities

Labor Code Russian Federation covers it in great detail legal provisions parties to the employment relationship, describes both rights and obligations. This helps more accurately resolve disputes between the parties regarding violation of rights or failure to fulfill obligations.

Rights and obligations

Conditionally all rights divided into 3 groups:

• the right to draw up an employment contract and change its content;
• the right to decent working conditions and wages;
• the right to protect one's interests.

One of the main human rights is the right to work, chosen independently, according to preferences and education. In addition, there are other rights set out in the Labor Code of the Russian Federation.

Worker has the right to:

• protection of your labor rights;
• rest and vacation established by compliance with the work schedule;
• compensation for damage sustained at work;
• professional retraining;
• social insurance;
• labor disputes, strikes, protests.

Additionally, he can:

• join trade unions and associations;
• receive truthful information about working conditions;
• conclude and terminate an employment contract;
• receive wages on time;
• occupy managerial positions.

Responsibilities assigned to the employee:

• conscientious performance of work duties;
• maintaining discipline;
• compliance with established standards;
• compliance with safety and labor protection requirements;
• careful attitude towards the employer's property.

Consequences of non-compliance

Total distinguish 4 penalties (liability) for failure to fulfill work duties and other violations:

• disciplinary;
• material;
• administrative;
• criminal

According to the legislation of the Russian Federation, administrative responsibility in our country is imposed on foreign citizens who do not have the right to work on the territory of the Russian Federation. They are punished fines and deportation.

A gross one-time violation of the provisions of the employment contract is punishable by termination and dismissal of the offending employee, according to Article 81 of the Labor Code of the Russian Federation.

Such violations consider:

• non-compliance with labor protection, which resulted in an accident or incident. The fact of such a violation must be investigated by a special commission;
• absenteeism. Absence from the workplace for the entire working period or more than 4 hours;
• petty theft, intentional damage to property or equipment, embezzlement. Liability is imposed after a court verdict;
• going to work or appearing on the territory of the enterprise in a state of alcohol, drug or toxic intoxication.

According to clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, it is possible to dismiss women with children under 3 years of age, single mothers with children under 14 years of age (a disabled child under 18 years of age), workers raising motherless children under 14 years of age (a disabled child under 18 years of age) . According to Art. 261 of the Labor Code of the Russian Federation, it is prohibited to fire a pregnant woman.

Legislative regulation of employer actions

In civil law, employee and employer are equal. In the Labor Code of the Russian Federation, the employer is vested with power and broader powers than the employee. Moreover, his legal relationship much wider and more varied, relate to the organization of labor, rationalization, and ensuring workers' rights.

The employer simultaneously acts as tax office, withholding taxes and necessary deductions. The legislation covers all entities that fall under the definition of “employer,” both physical and legal.

Rights and obligations

Rights employer:

• hire, conclude and terminate employment contracts, in accordance with the legal framework;
• conduct negotiations and conclude collective agreements;
• encourage workers' activities;
• demand conscientious performance of labor duties, safety of production tools, property of the employer and other persons;
• issue regulations at the local level;
• join with other employers to protect their interests;
• create a production council from among advanced employees to improve production processes and introduce new technologies.

Basic responsibilities:

• pay wages in full on time;
• comply with the conditions of regulatory legal acts of local importance;
• do not violate the law, act in accordance with the Labor Code of the Russian Federation;
• conclude collective labor agreements;
• provide employees with all necessary information about working conditions before concluding an employment contract;
• bring to the attention of workers, against signature, regulations adopted at the enterprise or organization;
• provide workers with the necessary tools of production, protective equipment and everything necessary to perform their job duties;
• provide social insurance for workers;
• comply with requirements and instructions executive bodies authorities;
• ensure labor discipline;
• pay or compensate for damage caused in the workplace;
• eliminate violations;
• enable employees to participate in the management of an enterprise or institution.

Consequences of non-compliance

Responsibility for failure to fulfill an employment contract and other offenses lies with: organizational leaders, officials and institutions. Just like the employee, the employer is subject to administrative, material, disciplinary and criminal liability.

The employer bears financial liability if, due to his oversight, damage to the employee’s property was caused (Article 232 of the Labor Code of the Russian Federation). Art. 235 of the Labor Code of the Russian Federation states that damage caused by the employer must be paid in full. An employee writes a statement to the manager, to which the latter must respond. within 10 days.

The employer is responsible for the following actions:

• illegal dismissal or removal from work, transfer to another place of work;
• incorrect entry in work book about the reason for dismissal;
• refusal to comply with the decision of the state labor inspector to return the employee to work;
• causing moral harm. In Art. 151 of the Civil Code of the Russian Federation defines the concept of moral harm as the infliction of non-material damage, physical or mental suffering. The amount of damage is established by the court if an agreement cannot be reached or it is not stipulated in the employment contract;
• delay in payment of wages, vacation pay, and other mandatory accruals - Art. 236 Labor Code of the Russian Federation. Salaries are paid 2 times a month within the terms stipulated by the employment contract or internal rules of the organization, no later than 15 days from accrual. Vacation pay must be paid no later than 3 days before the start of the vacation. Payments must be paid on the day of dismissal.

For violation of payment deadlines, the employer is obliged to compensate them with a cash payment with an additional charge in the amount of 1/150 of the amount due for each day of delay.

Administrative responsibility. An employer is guilty if he had the opportunity to comply with legal requirements, but did not do so. Administrative penalties may follow within 1 year from the date of violation.

Punishment - warning or fine.

The most expensive punishment - up to 1,000,000 million rubles - follows for hiring foreign citizens.

Unscrupulous employers who persistently violate the Labor Code of the Russian Federation and do not comply with the requirements of the law are subject to criminal liability in accordance with the Criminal Code of the Russian Federation. Criminal liability may be imposed on a specific official, but not on an organization.

Regarding labor offenses, the Criminal Code of the Russian Federation provides next articles:

1. Art. 136 punishes discrimination based on gender, race, age, nationality, social and other grounds. The following penalties are provided: a fine, a ban on holding certain positions or performing official duties for 5 years, compulsory, corrective and forced labor, imprisonment for up to 5 years.
2. Art. 143 on non-compliance with occupational safety and health requirements. The employer is the main responsible person for fulfilling these requirements. The punishment also applies to other persons who are responsible for failure to comply with labor safety conditions.
3. Art. 145 provides for punishment in the form of a fine or compulsory work if an employer does not hire or fire a pregnant woman or mother of children under 3 years of age, without other grounds.
4. Art. 145.1 punishes for non-payment of salaries, scholarships, pensions. Non-payment for personal mercenary reasons is especially severely punished. The penalty is a fine or imprisonment for up to 3 years.

Employers bear great responsibility before the law for fulfilling their responsibilities. At the legislative level, much attention is paid to violations in the labor sphere, and the regulatory framework is being improved.

A video that explains the basic rights and responsibilities of employees and employers.

Normative base

Labor relations are regulated by an extensive regulatory framework collected in the Labor Code of the Russian Federation. This ensures the protection of the rights of both parties to the relationship, eliminates abuse of the employer’s position, protects against employee negligence, and guarantees government support.

The importance of minimum legal literacy in the world of work is undeniable. Of course, there is no need for a non-specialist to know the entire Labor Code of the Russian Federation by heart. However, it is worth familiarizing yourself with some articles that define the “employee-employer” relationship.

Current version of Art. 21 Labor Code of the Russian Federation with comments and additions for 2018

The employee has the right to:
conclusion, amendment and termination of an employment contract in the manner and on the terms established by this Code and other federal laws;
providing him with work stipulated by the employment contract;
a workplace that complies with state regulatory requirements for labor protection and the conditions provided for by the collective agreement;
timely and full payment of wages in accordance with one’s qualifications, complexity of work, quantity and quality of work performed;
rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, provision of weekly days off, non-working holidays, paid annual leave;
complete reliable information about working conditions and labor protection requirements in the workplace, including the exercise of rights granted by legislation on special assessment of working conditions;
training and additional professional education in the manner established by this Code and other federal laws;
association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;
participation in the management of the organization in the forms provided for by this Code, other federal laws and the collective agreement;
conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement and agreements;
protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in the manner established by this Code and other federal laws;
compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by this Code and other federal laws;
compulsory social insurance in cases provided for by federal laws.
The employee is obliged:
conscientiously fulfill his labor duties assigned to him by the employment contract;
comply with internal labor regulations;
observe labor discipline;
comply with established labor standards;
comply with labor protection and occupational safety requirements;
treat with care the property of the employer (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees;
immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).

Commentary on Article 21 of the Labor Code of the Russian Federation

1. The rights and obligations of an employee are the most important element of the legal status of an employee. “The presentation of both rights and obligations in one article,” notes Yu.P. Orlovsky, “emphasizes their inseparability.”

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Commentary on the Labor Code of the Russian Federation / Rep. ed. Y.P. Orlovsky. M., 2002. P.61.

Soviet labor legislation paid great attention to the rights and responsibilities of workers. However, it should be noted that the first codes of 1918 and 1922 did not contain a special article that clearly defined the rights and responsibilities of employees.

Labor Code of 1971 in Art. 2 names the basic labor rights and obligations of workers and employees. According to many researchers, specified in Art. 2 The rights and obligations of employees are not just an element of the legal status of the employee, but also the principles of labor law.

________________
See, for example: Alexandrov N.G. Economic policy CPSU, labor and law. M., 1973. P.6.

Both in the Labor Code of 1971 and in the Labor Code of the Russian Federation, the first among the rights are those that are associated with the employee’s implementation of the constitutional right to work, which manifests itself, first of all, in the right to choose the type of activity and profession.

This right is exercised through the conclusion, amendment and termination of an employment contract.

The emphasis in this provision is on the fact that the procedure and conditions for concluding, amending and terminating an employment contract are established by the Labor Code of the Russian Federation and other federal laws. It would not be amiss to recall that, in accordance with the procedure for concluding, amending and terminating employment contracts, it falls under the jurisdiction of federal bodies state power in the field of labor relations.

The employee’s right to conclude an employment contract manifests itself on several levels.

Firstly, this right means freedom to choose whether to work or not. Unlike Soviet labor legislation, current regulatory legal acts, including the Constitution of the Russian Federation and the Labor Code of the Russian Federation, do not provide for labor service or other manifestations of the obligation to work (see, for example, section 1 of the Labor Code of 1918).

Secondly, labor relations must be formalized by an employment contract concluded in writing.

Thirdly, the procedure for concluding an employment contract is determined by Chapter 11 of the Labor Code of the Russian Federation, and for some categories of workers - by other federal laws (for example, for civil servants), which reduces the likelihood of abuse by the employer.

Chapter 12 of the Labor Code of the Russian Federation establishes the conditions and procedure for changing an employment contract.

Changing an employment contract affects the employee’s right to work no less than concluding an employment contract. The basic principle of changing the contract is that it is carried out by agreement of the parties to the employment relationship, unless otherwise provided by law. By limiting cases of changing an employment contract without the consent of the employee and providing significant guarantees to employees in this regard, the legislator is trying to protect the employee from infringement of his right to work. It is also worth noting that changes to the employment contract can also be carried out in the interests of the employee, for example, when transferring the employee to another job in accordance with a medical report (Article 73 of the Labor Code of the Russian Federation).

And finally, the most important right related to the implementation of the principle of freedom of labor is the employee’s right to terminate the employment contract. Obviously, in this case, the legislator speaks of the possibility of terminating the employment relationship at the request of the employee, regardless of the discretion of the employer.

IN Soviet time this right was significantly limited. So, in accordance with Art. 51 of the Labor Code of 1918, voluntary leaving work in an enterprise, institution or farm must be preceded by a verification of the grounds for leaving, carried out by the relevant body of workers' self-government (factory or similar Committee). Article 32 of the Labor Code of 1971 limited the right of an employee to terminate a fixed-term employment contract: a fixed-term employment contract is subject to early termination at the request of the employee in the event of his illness or disability that prevents the performance of work under the contract, violation by the administration of labor legislation, a collective or labor agreement, and for other valid reasons. reasons.

This employee’s right must be considered on two levels.

Firstly, the right to receive wages on time and in full is realized by clearly establishing the frequency of payment of wages: at least every half month on the day established by the internal labor regulations, collective agreement, employment contract, - limiting deductions from wages, responsibility for violation of deadlines for payment of wages or part thereof.

Secondly, in accordance with Art. 132 of the Labor Code of the Russian Federation, the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended and is not limited to the maximum amount.

Any kind of discrimination in establishing or changing wage conditions is prohibited.

Violations of this right by employers are quite often the subject of litigation. For example, by the appeal ruling of the Krasnoyarsk Regional Court dated December 24, 2014 in case No. 33-12256/2014, A-10
The demand for recovery of wages, compensation for unused vacations and compensation for moral damage. According to the circumstances of the case, the defendant did not pay wages, did not transfer insurance premiums and did not provide vacation. The court decision satisfied the claim, as it was confirmed that the employer violated the plaintiff’s labor rights.

5. The right to rest is also constitutional. The content of this right is disclosed in the commented article by analogy with the norm of Part 5 of Art. 37 of the Constitution of the Russian Federation, namely: the right to rest is realized, first of all, by establishing limits on working hours, including reduced working hours for individual categories workers.

Violation of the right to rest by the employer can also be challenged in court.

For example, the appeal ruling of the Krasnoyarsk Regional Court dated December 11, 2013 in case No. 33-11687 satisfied the requirement for the obligation to provide regular leave and the recovery of compensation for moral damage. According to the circumstances of the case, the employer refused to provide the employee with next vacation. The requirement was satisfied, since no exceptional circumstances were established that would prevent the employee from being granted leave according to the approved schedule. The amount of compensation is determined taking into account the principles of reasonableness and fairness.

6. The employee has the right to training and additional professional education in the manner established by the Labor Code of the Russian Federation and other federal laws. This right is also enshrined in Art. 197 Labor Code of the Russian Federation.

Article 196 of the Labor Code of the Russian Federation gives the employer the right to independently determine the need for training (vocational education and vocational training) and additional vocational education. However, in some cases, the employer is required to provide vocational training or additional vocational education if this is a condition for employees to perform certain types of activities.

These types of activities include, for example, service in internal affairs bodies, scientific and pedagogical activities at a university, state civil service and municipal service, etc.

The right of employees to training and additional professional education is also realized by providing the employee with appropriate guarantees and compensation in this case. This is especially true for off-the-job training. Article 187 of the Labor Code of the Russian Federation guarantees in this case the preservation of a job, average earnings and reimbursement of necessary expenses.

7. The next right of an employee is the right to association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests, is a direct expression of the constitutional right to association (Article 30 of the Constitution of the Russian Federation).

In international law, the right in question is one of the most important, and the ILO Declaration on Fundamental Principles and Rights at Work (1998) names the principle of freedom of association among the fundamental principles of labor law.

This right is implemented by enshrining in the Labor Code of the Russian Federation and the Federal Law “On Trade Unions” the right to create and join trade unions, the powers of trade unions in the field of protecting the rights and legitimate interests of workers and their representation in relations with the employer, guarantees of trade union activity.

8. The following two are closely related to the right to association - participation in the management of the organization and conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement and agreements.

All of the above rights relate to collective rights implemented within the framework of the institution of social partnership. They are a manifestation of the function of labor law aimed at developing industrial democracy.

Article 53 of the Labor Code of the Russian Federation establishes the main forms of employee participation in the management of the organization. There are quite a lot of them, but the most important should be the consideration of the opinion of the representative body of workers in cases provided for by the Labor Code of the Russian Federation, the collective agreement, and agreements; obtaining information from the employer on issues directly affecting the interests of employees; participation in the development and adoption of collective agreements.

The most important regulatory legal acts affecting the rights of workers, for example, establishing a wage system, are adopted taking into account the opinion of the elected body of the primary trade union organization or other representative body of workers.

The conclusion of collective agreements and agreements is regulated by Chapter 7 of the Labor Code of the Russian Federation. In addition, collective agreements are concluded at various levels of social partnership within the framework of the relevant commissions for regulating social and labor relations. The activities of these commissions are regulated by the relevant federal laws (Federal Law "On the Russian Tripartite Commission for the Regulation of Social and Labor Relations") and the laws of the constituent entities of the Russian Federation.

9. Protecting one’s labor rights, freedoms and legitimate interests by all means not prohibited by law is not only the right of an employee, but also the most important principle of labor law.

One of the characteristic differences of the field of labor law is the presence of a whole range of judicial and extrajudicial methods of protecting rights.

Article 352 of the Labor Code of the Russian Federation, among the main ways to protect the labor rights of employees, names self-defense of labor rights by employees; protection of labor rights and legitimate interests of workers by trade unions; state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms; judicial protection.

Self-defense of labor rights by employees is a relatively new way of protecting labor rights and is expressed in the employee’s right to refuse to perform work not provided for in the employment contract, as well as to refuse to perform work that directly threatens his life and health (Article 379 of the Labor Code of the Russian Federation).

State control (supervision) over the employer's compliance with labor legislation and other acts containing labor law norms is carried out by the Federal Labor Inspectorate, federal and regional government bodies, local government bodies, and the Prosecutor's Office of the Russian Federation.

An important place among the ways to protect labor rights is given to trade unions. Chapter 58 of the Labor Code of the Russian Federation and the Federal Law "On Trade Unions" gives trade unions broad powers to monitor compliance with labor legislation and other regulatory legal acts containing labor law standards, compliance with the terms of collective agreements and agreements.

10. In part 4 of Art. 37 of the Constitution of the Russian Federation recognizes the right to individual and collective labor disputes using the methods for resolving them established by federal law, including the right to strike.

In the Labor Code of the Russian Federation, this constitutional right is implemented in Chapters 60 and 61.

The judicial procedure for considering and resolving disputes is typical for many branches of law. However, labor legislation provides for the consideration of disputes by Labor Dispute Commissions created directly by the employer.

Collective labor disputes are a specific way of protecting labor rights. It includes various conciliation procedures and the right of workers to strike.

11. An employee has the right to compensation for damage caused to him in connection with the performance of his job duties and compensation for moral damage. In essence, this provision deals with the employer’s financial liability for harm caused to an employee. This type The employer's liability is regulated by Chapter 38 of the Labor Code of the Russian Federation.

Let us note that, according to paragraph 63 of the Resolution of the Plenum of the Armed Forces of the Russian Federation on the application by courts of the Labor Code of the Russian Federation, the court has the right to satisfy the claim of a person who has been discriminated against in the sphere of labor, as well as the claim of an employee dismissed without legal grounds or in violation of the established procedure for dismissal, or illegally transferred to another job, on compensation for moral damage. Considering that the Labor Code of the Russian Federation does not contain any restrictions for compensation for moral damage and in other cases of violation of the labor rights of workers, the court, by virtue of the commented article and art. 237 of the Labor Code of the Russian Federation has the right to satisfy the employee’s claim for compensation for moral damage caused to him by any unlawful actions or inaction of the employer, including in case of violation of his property rights (for example, in case of delay in payment of wages).

In accordance with Art. 237 of the Labor Code of the Russian Federation, compensation for moral damage is compensated in cash in an amount determined by agreement between the employee and the employer, and in the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation are determined by the court, regardless of the property damage to be compensated. The amount of compensation for moral damage is determined by the court based on the specific circumstances of each case, taking into account the volume and nature of moral or physical suffering caused to the employee, the degree of guilt of the employer, other noteworthy circumstances, as well as the requirements of reasonableness and fairness.

12. The last of the basic rights of an employee is the right to compulsory social insurance in cases provided for by federal laws. We are talking about insurance in case of temporary disability (Federal Law "On compulsory social insurance in case of temporary disability and in connection with maternity"), against accidents at work and occupational diseases (Federal Law "On compulsory social insurance against accidents at work and occupational diseases" "), on pension insurance (Federal Law "On compulsory pension insurance in the Russian Federation"). An employee who has entered into an employment contract is considered insured against these risks.

In 2007, the Constitutional Court of the Russian Federation adopted an important resolution that protected pensioners from unscrupulous employers who do not pay insurance premiums Pension Fund for your employees. In accordance with this resolution, the right of insured persons who worked under an employment contract to receive a labor pension, taking into account the previous assignment (recalculation) labor activity in case of non-payment or improper payment by their policyholders (employers), insurance contributions to the Pension Fund of the Russian Federation must be provided by the state (see Resolution of the Constitutional Court of the Russian Federation of July 10, 2007 N 9-P).

13. The employee’s responsibilities specified in Part 2 of the commented article, as well as the rights, are general character, that is, they apply to all employees.

In addition, the employee’s responsibilities recorded in Part 2 of the commented article must be specified in other regulatory legal acts, LNA, collective agreements and, finally, in the employment contract.

Violation by an employee of the duties assigned to him may lead to him being subject to disciplinary or financial liability.

The employee's responsibilities provided for in Art. 21 of the Labor Code of the Russian Federation, can be classified into two groups.

The first group of responsibilities is related to the employee’s performance labor function. These include the obligations to conscientiously fulfill his labor duties assigned to him by the employment contract; comply with established labor standards; comply with labor protection and occupational safety requirements.

The second group of responsibilities is implemented within the framework of not only performing the labor function, but also general requirements to the employee as a citizen: observe labor discipline; treat with care the property of the employer (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees; immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).

It should be noted that the Federal Law “On Trade Secrets” also establishes a number of responsibilities for employees, including:
- comply with the trade secret regime established by the employer;
- not to disclose this information, the owners of which are the employer and his counterparties, and without their consent not to use this information for personal purposes during the entire period of validity of the trade secret regime, including after termination of the employment contract;
- compensate for losses caused to the employer if the employee is guilty of disclosing information that constitutes a trade secret and became known to him in connection with the performance of his job duties;
- transfer to the employer, upon termination or termination of the employment contract, material media available for the employee’s use and containing information constituting a trade secret.

Another comment to Art. 21 Labor Code of the Russian Federation

1. The commented article fills the general labor legal status of an employee with specific rights and responsibilities, which are mandatory and equally vested in all employees without exception employed under the terms of an employment contract with any employer. Since these employee rights directly follow from the Constitution of the Russian Federation, international humanitarian and labor law, as well as from the basic principles of legal regulation of social and labor relations (see Article 2 of the Labor Code and commentary thereto), they are all fundamental and generally binding. It should be noted that this article provides not only the individual rights of the employee himself, but also the collective rights of employee associations, exercised through their representatives.

The individual labor rights of an employee include: the right to conclude, amend and terminate an employment contract in the manner and under the conditions established by the Labor Code and other federal laws; a workplace that meets the conditions provided for by the standards of organization and labor safety and the collective agreement; timely and full payment of wages in accordance with qualifications, complexity of work, its quantity and quality; association, including the right to create trade unions and join them to protect their labor rights, etc. These rights are granted to employees mainly as subjects of individual labor relations. However, some of them are assigned to employees as subjects of other relationships. These types of rights include: the right to conclude an employment contract when applying for a job; training and additional professional education; resolution of individual labor disputes; compensation for harm and compensation for moral damage (see Article 1 of the Labor Code and commentary thereto).

2. In the literal sense, collective labor rights do not belong to an individual worker, but to representatives of workers who act on behalf of the association of workers created by them as a result of the implementation by each of their individual law for unification. However, they are listed as part of the employee’s rights. These rights include the rights: to participate in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement; conducting collective negotiations and concluding collective agreements and agreements through representatives, as well as information on the implementation of the collective agreement and agreements.

3. The rights to protect the labor rights of workers by trade unions are also collective; collective self-defense and protection of workers’ rights (see Article 352 of the Labor Code and commentary thereto); resolution of collective labor disputes; strike. These rights are granted to employee representatives due to the fact that they act as subjects of relations in the organization of labor and labor management; social partnership, collective bargaining, conclusion of collective agreements and agreements; participation of workers and trade unions in establishing working conditions and applying labor legislation; trade union control over compliance with labor legislation (including labor protection legislation); resolution of collective labor disputes (see Article 1 of the Labor Code and commentary thereto).

4. A detailed description of the named individual labor rights, obligations and guarantees for their implementation is contained in other parts, sections and chapters of the Labor Code. For example, rules on concluding, amending and terminating an employment contract, as well as providing to an individual work stipulated by the employment contract are placed in Chapter. 10 - 13 TK. The rights of the employee related to the provision of a workplace that meets state regulatory labor safety requirements are disclosed in the articles on labor protection and ensuring the employee’s rights to labor protection (see Articles 209 - 231 of the Labor Code and comments thereto). Their guarantee is the employee’s right to refuse, in order to self-protect his labor rights, from performing work that directly threatens his life and health (see Article 379 of the Labor Code and the commentary thereto). The employee’s powers to pay wages on time and in full are ensured by: a) the introduction of a ban on forced labor, which includes the violation established deadlines payment of wages or their payment not in full (see Article 4 of the Labor Code and commentary thereto); b) the absence of maximum limits for wages; c) established by federal law minimum size remuneration (see Articles 129 - 158 of the Labor Code and comments thereto). The employee's right to rest is detailed in the articles contained in Chapter. 15 - 19 TK. The employee’s right to complete and reliable information about working conditions and labor protection requirements in the workplace is supplemented by rules establishing requirements for the content of a number of terms of the employment contract (see Article 57 of the Labor Code and the commentary thereto). The employee’s right to training and additional professional education is exercised in the manner established by the Labor Code and other federal laws (see Articles 196 - 208 of the Labor Code and comments thereto). The right to association, including the right to create trade unions and join them to protect one’s labor rights and legitimate interests, enshrined in Art. 30 of the Constitution of the Russian Federation, is ensured by the norms of the Federal Law of January 12, 1996 N 10-FZ “On trade unions, their rights and guarantees of activity,” which grants every employee who has reached the age of 14 years the right to join a trade union. The right to participate in the management of an organization is classified by the Labor Code as a form of social partnership (see Article 27 of the Labor Code and the commentary thereto). This right is exercised through representative bodies of workers (see Article 52 of the Labor Code and commentary thereto). The specific forms and procedure for exercising the right to participate in the management of an organization are regulated by the norms of the Labor Code (see Article 53 and the commentary thereto) and the content of specific collective agreements. The right to conduct collective negotiations and conclude collective contracts and agreements, as well as the right to information about the implementation of a collective contract or agreement, are exercised through representatives of workers within the framework of their social partnership with the employer (see Articles 27, 36 - 51 of the Labor Code and comments to him).

Among the basic rights of an employee is the right to protect his labor rights, freedoms and legitimate interests by all means not prohibited by law. The Labor Code pays attention to the implementation of this right Special attention. In Art. 352 of the Labor Code provides for four ways to protect the labor rights of workers: 1) self-defense of labor rights by employees; 2) protection of labor rights by trade unions; 3) state supervision and control over compliance with labor legislation and other regulations containing labor law norms; 4) judicial protection. The procedure for implementing these protection methods is defined in Chapter. 57 - 62 TK.

The right to compensation for harm caused to an employee in connection with the performance of his job duties and to compensation for moral damage is exercised by holding the employer financially liable. Unlike the previous Code, which did not pay attention to this problem a lot of attention, the Labor Code obliges each employer to compensate its employee for material damage in the following cases: 1) in case of illegal deprivation of the employee’s opportunity to work (see Article 234 of the Labor Code and the commentary thereto); 2) causing damage to the employee’s property (see Article 235 of the Labor Code and commentary thereto); 3) delay in payment of wages (see Article 236 of the Labor Code and commentary thereto); 4) causing moral harm to an employee by unlawful actions or inaction of the employer (see Article 237 of the Labor Code and commentary thereto).

The right to compulsory social insurance in the literal sense does not relate to the labor rights of the employee, since it is implemented outside the scope public relations, constituting the subject of legal regulation of labor legislation itself. However, by virtue of Art. 2 of the Labor Code, ensuring the right to compulsory social insurance is recognized as one of the basic principles of legal regulation of social and labor relations. According to Federal law dated July 16, 1999 N 165-FZ "On the basics of compulsory social insurance" every employee is subject to compulsory social insurance in relation to certain types insurance risks. Employers who are obliged to pay insurance premiums (insurance payments) act as insurers, and state extra-budgetary funds act as insurers.

5. Along with basic labor rights, the commented article provides a list of labor responsibilities of employees. From the point of view of the source, all the employee’s responsibilities included in this list are divided into the employee’s actual labor responsibilities, which are assigned to him by the employment contract, and other employee responsibilities arising from internal labor regulations, labor protection and safety standards, use of the employer’s property, etc. . Practical significance This classification consists, in particular, in the fact that, according to Part 1 of Art. 192 of the Labor Code, the employee bears disciplinary liability primarily for violation of his labor duties, to which, according to the wording of paragraph. 1 tsp. 2 tbsp. 21 of the Labor Code refers to the duties stipulated by the employment contract concluded with him.

This, however, does not mean that the employee does not bear any responsibility for violation of other duties. For example, he may be financially liable for violation of the duty to take care of the employer’s property (see Articles 238, 239 of the Labor Code and comments thereto). At the same time, if an employee violates a duty not formally provided for in the employment contract, for failure to fulfill which the labor legislation does not directly provide for specific measures of liability, he, in principle, should not bear disciplinary liability, since in the literal sense there is no fact of violation of labor duties in this situation. This approach to determining the composition of an employee’s labor duties and measures of responsibility for their failure to fulfill them means, on the one hand, the desire of the legislator to really increase the regulatory role and legal significance of the employment contract, and on the other hand, the state’s refusal of unnecessary public legal interference in the regulation of relations arising between a specific employer in the field of labor organization and management, including such an aspect as labor discipline, the provision of which is currently a private matter for each independently operating employer.

6. The list of rights and obligations of employees given in Art. 21 of the Labor Code, is statutory and in this sense generalized in nature. The real scope of specific rights of employees is established in an individual contractual and local regulatory manner: a) by an employment contract; b) collective agreement; c) local regulatory legal acts of the employer. All of them cannot contain provisions that reduce the level of rights and guarantees of workers established by labor legislation (see Article 9 of the Labor Code and the commentary thereto), and local regulations of the employer should not, in addition, worsen the position of workers in comparison not only with labor legislation, but also with collective agreements and agreements (see Article 8 of the Labor Code and commentary thereto).

Consultations and comments from lawyers on Article 21 of the Labor Code of the Russian Federation

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By concluding an agreement with the employer, the employee receives certain job responsibilities that he must properly perform. Meanwhile, each hired person must not only conscientiously perform his part of the work, he is also subject to other obligations that allow him to maintain the necessary balance between production and production.

Not all employees remember that, in addition to responsibilities, they also receive a wide range of rights that they can protect and defend both within the team and outside it. An exhaustive list of obligations and rights is given in Article 21 of the Labor Code of the Russian Federation.

An employee's responsibilities are an individual indicator. They are formed from the position of the new employee, the general goals of the enterprise, and many other aspects. But all of them are subject to a single generalization set out in Article 21 of the Labor Code of the Russian Federation.

According to general labor standards, each employee is obliged to:

1. Comply with labor standards of both state and local legislation. To do this, the employee is notified of the established standards, he is given instructions, training and given written instructions. Upon employment, he becomes familiar with the internal labor regulations, as well as with.
2. Fully fulfill your obligations.
3. Ensure the safety of the employer's material assets.

The employer's goal is to promptly notify employees of their responsibilities and notify about changes in legislative acts.

Carry out your job duties conscientiously

The primary task of each employee is to fulfill the range of obligations that were assigned to him. By law, an employee must fully understand the scope of work before he begins to actually perform it. Ensuring this point is facilitated; it is concluded before work begins and contains the main, most important aspects.

After the agreement is signed, the employee is given his job description, which sets out in detail and in full a list of job responsibilities. Job description also issued against signature.

The employee is obliged to fulfill everything agreed upon, and changes to these documents are made only with his consent.

Comply with internal labor regulations and discipline

Internal labor regulations (ILR) are one of the fundamental local documents in the organization.

The PVTR prescribes all the norms adopted in the organization, which relate to:

1. Start and end times of the working day and/or shift.
2. Hours allotted for eating or eating.
3. Responsibility for failure to comply with the established schedule.
4. Rules for hiring and dismissal from the workplace.
5. Permission to work at the beginning of the shift.
6. Rewards for success in work.

New employees familiarize themselves with the PVTR on their first working day and sign to read the document, thereby expressing agreement with the points stated in it.

Comply with established labor standards

Labor rationing allows you to calculate the total monthly output for each individual profession.

Based on established standards, the salary of the employee or his is prescribed. Therefore, in order to receive the agreed amounts, the employee must not only regularly attend his workplace, but also perform mandatory standards production. These standards are not explicit for all professions; for example, the work of office employees is quite difficult to put into some numbers and indicators, but in such cases one should focus on the end result. For an accountant, this result will be the timely preparation of reporting documentation, payroll, and execution of accounting entries. For managers, the main indicator is the number of closed transactions and concluded contracts.

Comply with occupational health and safety requirements

Labor protection is the pillar on which the safety of not only the workers themselves, but also the general industrial and environmental components of production is based. The safety of the entire organization depends on the actions of each individual.

It is the responsibility of the employees to comply with established standards, and the responsibility of the employer is to bring to the attention of each member of the team current information in this area. To do this, the employer regularly conducts scheduled and unscheduled briefings and training. Not only training plans are being developed, but also knowledge testing plans. Employees' job responsibilities include training and passing knowledge tests in their specialization.

Treat your employer's property with care

All the time that the hired person is at the workplace, the employer is obliged to be responsible for his safety. In turn, each employee is responsible for the material assets surrounding him. It is important not only not to harm the organization’s property yourself, but also to prevent such a threat from other sides.

These labor duties are enshrined in the Labor Code of the Russian Federation in the form of full and incomplete financial liability. is assigned only to adult employees with whom an agreement on financial responsibility has been concluded. All others bear incomplete responsibility, which does not require mandatory additional stipulation. The employee who caused the damage malicious intent, negligence or negligence must compensate him in an amount not exceeding his monthly salary. In case of full financial liability, the entire cost of damage is subject to compensation.

Basic rights of an employee

The rights and responsibilities of an employee are inseparable concepts.

If obligations are imposed, then rights are automatically given. An employee is, first of all, a citizen who has indisputable constitutional rights. But when entering a job, labor items are added to the main civil items, which allow you to correctly position yourself in relationships with the employer and protect your interests.

The rights of an employee under the Labor Code are as follows:

1. Possibility to conclude and.
2. Perform duties exclusively within the framework of the agreements reached.
3. Ensuring labor safety.
4. Decent compensation for your work.
5. Timely provision of rest.
6. Professional development.
7. Joining a trade union.
8. Compensation for damage caused by the employer.
9. Insurance is compulsory and additional.

Each item is fixed in the local documentation of the organization, as well as in the employment contract.

Getting paid

The result of any cooperation for the hired person is his payment. Receipt must be guaranteed by the employer. In order for the employee's rights to be protected, the level of basic benefits must be specified in the agreement. The dates of transfers are also indicated there. According to the law, salaries are paid in two installments, divided into an advance and the main amount.

If the employer, for one reason or another, does not fulfill his obligations, then he is obliged to pay compensation to each person who received his salary untimely or incompletely. The amount of compensation depends on the reason for non-payment and the duration of the situation.

Rest (weekends and holidays, vacations)

Only the correct alternation of work and rest gives optimal work results. The number of working hours per week is determined by law; an employee can exceed them at will, if there are no medical contraindications and there is a production need.

An employee has the right to:

1. Technical breaks.
2. Meal breaks.
3. Weekly days off. A rest period of 24 hours or more is considered a day off.

The minimum duration of vacations is 28 days. Leave may be increased due to individual work conditions (for example, for those who work in harmful and dangerous industries) or the presence of medical restrictions.

Additional professional education

High-quality performance of one’s duties is impossible without regularly increasing the level of knowledge of employees.

Advanced training is a human right, which must be provided to him by the management of the organization. Qualifications can be improved directly at the enterprise itself, for this purpose training, instruction, lectures can be carried out, or in third-party organizations.

The level of qualifications and the regularity of their improvement directly depend on the employee’s profession and the position he occupies. All costs for professional training are borne by the company. Paying for expensive training may entail an obligation for the trained employee to work for a certain period of time.

Participation in trade unions

Trade union organizations are associations that have the main goal of protecting the rights of employees. For trade unions, the most important thing is not the organization itself, but the people working there. Joining such unions allows citizens to receive competent information first-hand, as well as turn there for help in the event of conflict or controversial situations.

The activities of trade unions are not always convenient for employers, but despite this fact, they cannot prohibit an individual or an entire team from joining trade union associations.

Protecting your labor rights

Both an employed person and a fired person can count on the protection of their rights. Protection can be expressed this way:

1. Self-defense, when a person defends his own interests.
2. Appeals to professional associations that will help in a consultative, informational manner, and also, if necessary, prepare documentation.
3. Appeals to supervisory organizations, for example, to resolve a conflict situation.
4. Claims to the courts.

Any assistance and protection is provided to employees free of charge, and the costs of labor disputes are borne entirely by the employer. You can seek protection in parallel in several instances. When filing a complaint, it is not necessary to follow the specified order.

Compensation for damage caused in connection with the performance of work duties

Each organization bears financial responsibility for its employees. If one person or several employees at once suffered moral, physical or psychological damage, then the management of the organization is obliged to record it and compensate it.

The most common examples of compensation are benefits to compensate for lost health or injuries sustained in the performance of one's direct work duties.

To determine the amount of compensation, as well as the duration of their payment, a commission must be assembled and acts drawn up. Only documenting damage allows you to recover material compensation from the employer.

Compulsory social insurance

Row social guarantees Every working citizen depends on the employer's fulfillment of his insurance obligations. Every month the organization deducts a set percentage of each employee’s income to the social insurance fund.

Such deductions allow citizens to count on receiving material compensation in the event of:

1. Complete or partial loss of ability to work.
2. Reaching retirement age.
3. Exit to .
4. Death of the breadwinner.
5. Temporary disability of yourself or a family member.

The amount of the benefit determines the employee’s individual income level and the amount of insurance experience accumulated by the time the reason for receiving compensation occurs.

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