Every person who is able-bodied can be engaged in official labor activities. Even teenagers from 14 years old can get a job in a legal way. Under such conditions, citizens are subjects of labor law. They are subject to the numerous provisions of the Labor Code, and they are also vested with certain rights and obligations. They must cope with the assigned labor tasks in order to rely on optimal wages and the observance of their rights.
The concept of subjects of labor law
Under the subject of various legal relations refers to a citizen or company that has certain legal rights and obligations. Moreover, these rights and requirements may differ depending on the chosen field of activity.
The concept of subjects of labor law suggests that citizens and companies are participants in public relations, which are governed by the provisions of labor law. Each such participant has labor rights and obligations, and is also free to exercise these rights.
The subjects of labor law are citizens with legal capacity. They must have legal personality. This indicator has two characteristics:
- legal capacity should be available to all citizens, and it assumes that a person is endowed with certain rights and obligations;
- legal capacity lies in the fact that the employee can be responsible for his actions, and also realizes what his capabilities are.
Citizens as subjects of labor law have both legal capacity and legal capacity. Therefore, they can exercise the numerous rights listed in the Labor Code, but at the same time they have some significant responsibilities. If they violate the requirements of the Labor Code, they are obliged to bear responsibility for labor offenses.
Types of subjects of labor law
The TC lists several entities that become participants in labor relations. The types of subjects of labor law include:
- individuals represented by employees of numerous companies, moreover, they have the appropriate qualifications, skills, experience, education and other characteristics, on the basis of which they are officially hired to perform specific actions;
- employers who may be represented by companies or entrepreneurs;
- social organizations, which are associations of companies or employees, and certainly representatives are selected who have the right to speak on behalf of the entire institution;
- trade unions or other representative bodies, selected by specialists working in any enterprise, so that this particular association will deal with numerous issues and disputes arising in the workplace;
- labor inspectorate and other employment agencies opened in each region of the country;
- government bodies empowered to resolve numerous labor disputes that regularly arise between employees and company management;
- supervisory and regulatory bodies specializing in the world of work.
All of the above organizations and associations have their own specific status on TC.
What status are given?
The specific legal status of subjects of labor law is distinguished, which differs among employees, employers and other associations and organizations. It depends on various parameters. The legal status of citizens as subjects of labor law is represented by a characteristic of people, on the basis of which their role and place in existing legal relations are determined.
At the same time, some elements contained in this statue are highlighted.
- the presence of legal personality;
- guarantees and freedoms assigned to each person or company by the state;
- the presence of labor duties and rights, as they determine the place of a particular participant in labor relations;
- responsibility for poor performance or even for refusal to perform their basic duties, listed in the official labor contract.
Thus, the status of the subject of labor law has some significant features that both employees and employers should be aware of.
Worker and employer
The main subjects of labor law are employees who formally get a job in a company, as well as employers, represented by the heads of various organizations or individual entrepreneurs.
Not all citizens can be employees, as they become officially employed exclusively after signing the relevant labor agreement with any employer. Only under such conditions are citizens the subjects of labor law.
The rights and obligations may vary significantly among different workers, as they are determined by different characteristics:
- age and state of health of a citizen, since the same requirements cannot be imposed on people with disabilities or minors as on capable and healthy citizens;
- the specifics of the company itself;
- position held;
- empowered.
The legal capacity of citizens arises upon reaching the age of 16 years. In addition, adolescents from 14 years of age are officially allowed to find jobs, but they can only be involved in any light work. Additionally, parental or official consent is required.
Often children under 14 years old are involved in creative activities, for example, in filming a movie or playing in a theater, but it is necessary to formalize the participation of legal representatives.
The concept of subjects of labor law additionally includes the need for a person to have a strong-willed ability. If a person is mentally ill and is also under the care of other citizens, then he cannot rationally answer for his actions. He cannot be involved in any responsible activity.
Categories of citizens as participants in labor relations
People become participants in labor relations only if there is a contract formally concluded with the employer. A citizen-worker as a subject of labor law has a single status with other people who work officially in different specialties.
It is employees who are the most numerous subjects of labor legislation. They, on the basis of a labor agreement, realize their abilities and skills for work or entrepreneurship. Express their individuality and originality as creative individuals.
In the legislation, citizens as subjects of labor law are represented in three categories:
- employees performing specific job duties based on information contained in the employment contract and internal regulations of the selected organization;
- Entrepreneurs who formally formalize IP, and can also act as employers;
- citizens who are working owners of different companies, societies, associations or other corporations.
Any citizen, regardless of what category he belongs to, must have the ability to perform work duties. To do this, he must have physical, moral and mental capabilities. Only under such conditions, citizens as subjects of labor law of the Republic of Belarus or the Russian Federation can use different material or spiritual values to fulfill their duties.
All abilities in a person do not appear immediately after birth, but over time, when he receives an education or various skills on the example of other experienced specialists.
Opportunities of citizens as employees
Everyone has the opportunity to find a job in a company in an official way. To do this, some requirements must be observed:
- age from 14 years;
- the availability of legal capacity, due to which a citizen is responsible for all his actions, therefore, he may be responsible for making working decisions;
- compliance with the different requirements of a potential employer for specialists so that they can cope with their job responsibilities.
Most companies hire people from 16 years old, since at this age people have legal personality on the basis of Art. 63 shopping mall. A citizen-worker as a subject of labor law must meet many criteria. In addition to age, the volitional parameter is taken into account, since the person himself must be ready for fruitful work or doing business. If, on the basis of a court decision, a person is recognized as legally incompetent, then guardianship is established over him. It is the guardian who makes different decisions for him. An incapable person cannot be involved in hired labor, as he will not be able to answer for his actions or inaction.
People with limited legal capacity cannot be admitted to public service.
In Art. 37 of the Constitution of Russia stipulates that everyone has the right to independently dispose of their skills for work. He chooses what kind of activity he will be, as well as what profession he will work in. Legal personality is limited only if there are good reasons, as well as exclusively by a court decision. For example, for criminal offenses, a person may be deprived of the right to occupy specific leadership positions or work in any specific field.
The nuances of doing business
By law, every person has the right to do business if he is able-bodied, capable and full of age. Moreover, there should not be any restrictions imposed by the court for various reasons.
A citizen of the Russian Federation as a subject of labor law can open his own business for self-expression, profit and the realization of his skills and abilities. This takes into account some of the nuances of the process:
- engage in entrepreneurial activity only after state registration of an individual entrepreneur or company;
- if a farm is planned, then it must also be correctly registered, although the owner of such a business is not considered an entrepreneur;
- all businessmen who were correctly registered with state bodies can act as employers, therefore they become another subject of labor law;
- the main goal of entrepreneurship is to make a profit, for which hired workers with the necessary skills and abilities can be attracted to cope with the tasks;
- activity is risky, therefore entrepreneurs bear property responsibility for all decisions made.
The subjects of labor law are: the state, citizens of the Russian Federation, foreign citizens and entrepreneurs acting as employers. Businessmen can choose two forms of entrepreneurship:
- using personal property;
- using the values transferred on the basis of economic management.
If someone else's property is used, then certain relations arise between the owner and the entrepreneur, regulated by the provisions of the drawn up and signed contract. It specifies what rights and obligations are vested in the participants in the transaction, what actions a businessman can take in relation to property, what restrictions he will have to face, and what kind of activity can be carried out using such a room or other object. Separately stipulate the rules on the basis of which the use of property is paid. Clauses on the liability of each party must be included in the document. The grounds and rules for terminating the contract are listed.
The owner of the premises where the entrepreneur works cannot interfere in his activity if it does not in any way violate the provisions of the drawn up contract.
Entrepreneurs are considered specific subjects of labor law. Labor relations arise with other people when they are hired. Entrepreneurs are independently engaged in the selection of employees, and also carry out the placement of personnel based on the specifics of their work. They are engaged in labor organization and settlements with hired specialists. Their responsibilities include ensuring labor discipline.
Working business owners
In short, citizens as subjects of labor law can be employees, entrepreneurs or working business owners. The third category is considered the most interesting and specific. Citizens are business owners, but at the same time they prefer to work additionally for other employers.
This usually includes situations where people enter different cooperatives and partnerships, and at the same time try to use their capabilities, skills and abilities in order to bring profit to such an association.
Based on Art. 69-81 of the Civil Code all relations arising in the course of drawing up an agreement on membership in a partnership are governed precisely by the provisions of the Civil Code.
If a citizen is a member of a production cooperative, otherwise called an artel, then he bears subsidiary responsibility for all the obligations of this association.
Thus, all working owners must take into account that their rights and obligations are listed in both civil and labor law.
What rights are granted to employees?
Most often, citizens prefer to work as hired specialists. In this case, the rights and obligations of subjects of labor law arise. They are listed in the TC. In Art. 21 TC contains all the rights that are vested in citizens who are employees. These include rights to:
- conclusion of an employment contract with the employer;
- termination or amendment of the agreement if necessary, but for this purpose the norms of the Customs Code must be taken into account;
- providing an optimally equipped workplace in which all the norms and requirements of safety and labor protection are observed;
- salary paid in a predetermined time frame and in the optimal amount, which takes into account the qualifications of a specialist, the amount of work performed, the quality of the result and complexity of the activity
- regular annual vacation, which must be paid by the employer;
- obtaining relevant information about what working conditions are established at the enterprise;
- training, retraining or advanced training;
- the organization of trade unions, as well as the entry into these associations, whose activities are aimed at protecting the rights of workers;
- protection of rights, interests and freedoms in the process of carrying out work activities, therefore, workers additionally have the right to strike in the presence of good reason;
- Compensation for harm that was received by a specialist in the process of performing work duties;
- compulsory insurance.
Thus, citizens are endowed with numerous rights. The subjects of labor law, represented by private individuals, can count on the protection of their interests and freedom.
Employee Responsibilities
Hired specialists are endowed not only with many rights, but also with some responsibilities. The characteristics of the subjects of labor law represented by citizens include information on the following responsibilities:
- conscientiously and efficiently cope with their main labor functions listed in the employment contract;
- strictly follow the rules of the company’s internal regulations;
- take into account the requirements of labor discipline;
- comply with the norms established in the organization;
- comply with the requirements for safety and labor protection;
- treat the property of the enterprise with care and care;
- not violate the rights of other employees;
- notify the management of the company about different situations, which leads to a threat to the life or health of employees of the organization or to a violation of the integrity of property belonging to the organization;
- work must be carried out without violating legal requirements.
It is citizens who are considered the most numerous representatives of subjects of labor law. They can engage in various activities. , , , , .
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- Cooperative organizations. Cooperatives are represented by voluntary associations of people who are members of this institution. They are usually organized to conduct business or to solve other problems. The distinctive parameters of such an association are independence, self-government, self-financing and financial interest of each participant in achieving the interests of the entire cooperative.
- Unitary enterprises. They can be state or municipal. Such organizations are not vested with ownership of property that is used during work. Property cannot be divided or distributed on the basis of shares or shares between participants. Such enterprises may act as employers.
- Labor collectives. Usually they are formed in state or municipal institutions. Additionally found in collective production. In the legislation, such groups are vested with certain rights and obligations. Although they are quite rare, they can affect the economic, economic or social spheres of the functioning of enterprises.
- Unions. They can be organized on the basis of Art. 30 of the Constitution. The main purpose of their existence is the protection of the interests and rights of citizens who are employees. They are created on a voluntary basis and are not dependent on the employer.
Thus, the concept and types of subjects of labor law are important for each person or company leader. All people involved in labor relations are represented by subjects of labor law. They may be employees, enterprises, associations, legal entities, or even employees of state enterprises. Each participant in the employment relationship has their own unique rights and obligations. The most common are citizens who are employees. They can work in different fields of activity, and at the same time are endowed with many privileges.