Modern labor legislation in force in Russia requires a certain list of duties and rights that any officially employed worker has. Their complete and exhaustive list is presented in the text of the Labor Code of the Russian Federation.
Next, we consider the full list of fundamental rights that are defined by law for employees, as well as the duties assigned to them, with a detailed interpretation of each item.
The right to conclude, terminate and amend the contract
It is known that on the basis of the provisions presented in the current legislation, at the time of hiring any employee, an agreement is concluded with him, the contents of which prescribe all the conditions for further cooperation. The conditions under which this action is carried out are prescribed by regulatory acts in force in the legislation, among which the Labor Code occupies a leading position.
It is known that in Russia, on the basis of the provisions enshrined in the Constitution, freedom of labor exists throughout the territory. This concept provides for the right of an employee to conclude an agreement with an employer, which can be used by absolutely anyone who is employed. The content of such an agreement must certainly indicate not only the duties and rights of both parties, the conditions for termination and amendment, but also the specific conditions for the employee to fulfill the duties assigned to him in accordance with his position, the list of guarantees provided, as well as all other conditions, which, one way or another, relate to the workflow. It should be noted that the employee as one of the parties to the agreement has the right to make certain amendments and changes to its content, which should be done only with the consent of the employer.
It must be understood that all the procedures described must be carried out exclusively in accordance with the rules prescribed by labor law. For a more detailed study of the established rules, it is worth looking at the contents of chapters 10-13 of the Labor Code of the Russian Federation.
The right to work under the contract
The legislation noted that the employee should perform only those labor duties that are provided for by the signed agreement. Moreover, the position should be fully consistent with his qualifications, as well as the level of education and previous work experience. It should be noted that at the conclusion of the contract, its content must necessarily indicate such conditions as the position of the employee to which he is appointed, his salary and qualifications with a specialty.
In accordance with this right, presented in the content of Article 21 of the Labor Code of the Russian Federation, the employee has every right to refuse to perform the actions required of him and to carry out duties that are not provided for in the contract.
The right to an appropriate job
Any employee, in accordance with the provisions specified in Article 21 of the Labor Code of the Russian Federation, has the right to a workplace that is properly equipped and has everything necessary to carry out the duties that were assigned to it in accordance with the contract. Its equipment must be manufactured in strict accordance with the standards presented by GOST, and also comply with labor safety requirements.
Current legislation prescribes certain working conditions, which must also be provided by the employer. First of all, they must be hygienic. In the event that an employee works in a position related to the regular interaction with harmful substances, he must be provided with adequate protective equipment in sufficient quantities. For certain categories of employees, the employer must provide medical and preventive nutrition and milk, as well as engage in their sanitary services.
The right to receive wages
In the content of Art. 21 of the Labor Code of the Russian Federation (with comments) it is said that any employee has the right to receive decent pay for their own labor. It is also noted in the norms of legislation that the payment provided must fully correspond to the time that was spent on the work process, comply with the qualifications of the employee, as well as his experience and the complexity of the conditions for performing all the tasks entrusted.
Considering the features of this law, many legal practitioners note that it is one of the basic principles on the basis of which labor relations are regulated not only in Russia, but also in many other countries of the world.
This right is also enshrined in Art. 147 (Chapter 21) of the Labor Code of the Russian Federation, which defines the specifics of remuneration for those employees who deal with harmful conditions of production. The legislation determines that wages must first of all be fair and sufficient in order to ensure a normal standard of living. That is why the state sets a certain living wage, which is the same for all regions of the country. It is established at the state level and is reviewed annually. The adopted data are recorded in a separate law, which has the status of a document of a regulatory nature.
The salary level cannot change even in case of combination. In Art. 151 (Chapter 21) of the Labor Code of the Russian Federation states that in the case of combining professions, the employee must be paid a proportionate surcharge in the previously agreed amount, which should be fixed in the contract. When determining the level of wages, the fact of discrimination based on racial, gender, national, age or any other principle cannot be taken into account.
The right to rest
Current legislation provides for the possibility of granting the right to rest.
The time allotted for rest is considered to be the period during which the employee is completely relieved of the duties assigned to him in accordance with the contract. This period is intended to enable a person to replenish his energy reserves, working capacity, as well as to satisfy vital and family needs.
Current legislation provides for several options for the time allotted for the employee to rest. These include:
- weekends;
- vacation;
- daily breaks for eating;
- Holidays
- inter-shift rest.
In addition, workers who work in danger or are surrounded by circumstances that have a harmful effect on the human body should be aware that they have the right to a longer period of rest. The same applies to citizens conducting their activities associated with increased psychological or intellectual stress, as well as carrying out hard work.
In order to ensure that employees have enough time to carry out their personal affairs, as well as to restore strength and efficiency, the legislator established a certain allowable working time per week, as well as per day.
The right to know information about real working conditions
This right of the employee, provided for in Article 21 of the Labor Code of the Russian Federation, provides for the possibility of an employee to contact the employer at any time in order to explain to him the real state of things regarding working conditions at the enterprise, as well as the possible danger that may be encountered in the performance of official duties.
This right is closely related to the obligation of the employer to ensure normal working conditions, which at the same time will be harmless, enshrined not only in the Labor Code, but also in the law "On labor protection", which is currently valid in the Russian Federation. Its main content boils down to the fact that any working conditions must fully comply with the standards stipulated by GOST in relation to a particular profession.
The law in question provides for the prior notification of the employee regarding the particular conditions of work in which he will have to fulfill the duties assigned to him, as well as some of the dangers that he will face in the course of activities, if any. All this information must be provided before the conclusion of the employment contract or at any time in the process of the employee fulfilling all the duties assigned to him.
In particular, any employee has the full right to study a safety certificate or any other documents for the enterprise that reflect the real situation regarding the state of the place in which his work will be carried out.
The right to professional development
Art. 21 of the Labor Code of the Russian Federation provides for the presence of any employee the right to improve their skills in their own field of employment. Its implementation can be carried out by attending an employee to special courses, undergoing additional training and retraining, obtaining special and higher education, etc. Including the employee has the right to receive a completely new profession, the direction of which will be different from the one in which he works this moment.
In order to realize the right in question, the employee is required to conclude an additional contract with the employer on this subject. This is stated in Art. 197 Labor Code.
Issues related to more detailed regulation of the implementation of the right to further training and the acquisition of new knowledge are regulated in accordance with the provisions presented in Section IX of the Labor Code of the Russian Federation.
Right to association
Among the fundamental rights of the employee, on the basis of Art. 21 of the Labor Code of the Russian Federation, relates to its ability to create associations and participate in them.
So, on the basis of this provision, the employee has the full right to create trade union organizations, as well as to join them in order to enjoy additional benefits and advantages, as well as to properly protect their freedoms, rights and interests permitted by law. Especially broadly, this right is considered in the content of the provisions enshrined in the law "On Trade Unions", which is uniform for the entire state. It says that any private person who has reached the age of 14 has the full right to join a union. It should be noted that an important condition for this is his engagement in official labor.
The exercise of the right in question is carried out without the permission of anyone, and also exclusively on free grounds.
Moreover, employees have the right to participate in other organizations, the creation of which is aimed at achieving a common goal that is useful to all, as well as protecting common interests.
Organization Management Right
Based on the provisions enshrined in current legislation, any employee has the full right to participate in the management of the organization. This right is more fully enshrined in Art. 27 of the Labor Code of the Russian Federation, and the conditions for its implementation are presented in the provisions of Articles 52 and 53.
As for the forms of organization management, they are most often presented in the form of its direct participation in the development of collective agreements, their adoption, as well as consultations and negotiations on the adoption of new regulatory acts that are valid within a particular enterprise. The implementation of this right may also manifest itself in the form of taking into account its opinions in the process of consultation. Moreover, the employee has the right to receive information regarding issues that affect the interests of workers. This is another form of implementation of the law in question.
In some organizations, the practice of participation of workers in discussions of issues regarding their work is widely developed, within which the employer makes some decisions on the introduction of innovations or, conversely, on their abolition. This is another form of employee participation in the management of organizations and, as a result, is a form of realizing the law in question.
A vivid example of the exercise by citizens of their legal right to manage an organization is manifested when they take an active part in the development of collective agreements, putting forward their requirements, and also offering certain conditions to the employer.
The right to collective bargaining
In Art. 21 of the Labor Code of the Russian Federation says that any employee has the full right to take direct part in the process of collective bargaining, as well as in concluding contracts based on the results of agreements. It should be noted that the existence of such a right follows directly from Chapters 6 and 7 of the Labor Code, as well as the second section of the same regulatory act, which refers to the different types of social partnerships that are possible in this branch of law.
Practice shows that in some modern organizations there is no collective agreement, however, on the basis of the legislation in force in the country, not a single employer has the right to refuse to conclude it, if employees so desire.
Indemnification
In the event that an employee works under dangerous conditions, he has the right to be fully compensated for the harm caused to him. Moreover, Art. 21 of the Labor Code of the Russian Federation provides for the need to compensate for harm to an employee who received a work-related injury or suffered moral damage.
In addition to all of the above, an employee can also receive full compensation for material damage if he was illegally deprived of the opportunity to work. Such a right is provided for by Art. 234 of the Labor Code. Moreover, non-pecuniary damage may be caused due to non-payment or untimely payment of wages. It must also be reimbursed, as required by Art. 21 of the Labor Code of the Russian Federation. In 2018, statistics showed that, compared with the past time, people became more educated in compliance with labor laws and increasingly began to demand compensation from their employers for damage caused for various reasons.
Insurance eligibility
Any employee officially employed at the enterprise has the full right to social insurance, the obligation to ensure which is fully vested in his employer. This can be judged on the basis of the provisions of Art. 20 and 21 of the Labor Code (chapter 2), which detail the responsibilities and legal rights of both employers and employees.
More detailed regulation of the employee right under consideration is carried out by specialized regulatory acts, which, first of all, include laws on insurance against industrial accidents, as well as on the basics of general insurance. Based on the provisions presented in them, it can be judged that the insurance provided for by the Russian labor law is mandatory and that the employer’s evasion of full protection of such an employee’s right is punishable by law.
Modern legislation provides for several types of social insurance, of which the most common are:
- disability benefits;
- maternity and pregnancy benefits;
- adoption benefits;
- allowances for the care of a child until he reaches a certain age;
- providing a family in case of death of an employee during the performance of his official or official duties;
- providing the employee in case of injury to him at work, incompatible with the further continuation of labor activity in the previous form.
Duty to do work
Having considered briefly Art. 21 of the Labor Code of the Russian Federation, it should be noted not only the rights that the employee has, but also the duties that he needs to observe in the process of conducting his labor activity.
One of the main duties of an employee is the performance of all labor tasks assigned to him within the framework of an earlier agreement with the employer. It should be noted that in this obligation an important point is the definition of its legal framework - they should be limited by the content of the employment contract. Going beyond the established framework is permissible only with the consent of the employee himself.
Discipline
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