Guarantees and compensation in labor law: concept, types

Each formal employment must be backed by certain guarantees and compensations. Warranties and compensation in labor law are binding. And if the second concept is exclusively material in nature, the first can have both tangible and intangible subtext. Let us consider in more detail what these provisions include.

Definitions

Basically, the concept of guarantees and compensations is considered from the point of view of labor law. According to article 164 of the Labor Code of the Russian Federation, guarantees mean the means, conditions and methods by which employees of organizations are provided with various rights in social and labor relations. Guarantees that are provided by law and provide the specified rights to all employees may be tangible and intangible. The former include saving salaries during vacation or training, a long business trip or sick leave, etc. The second concept includes the preservation of the workplace or the provision of another position.

With respect to guarantees, concepts such as payments or surcharges also apply. Guarantee payments are understood to mean such payments that are issued to an employee for the time that he has not fulfilled his labor obligations for valid reasons established by legislative norms. They generally replace the salary. Guaranteed surcharges are laid over the established salary.

Compensation is understood as cash payments, which are reimbursement to the employee of those costs that are associated with the performance of labor duties and are provided for by law.

If an employee spent money during a production need, the organization shall compensate for the losses incurred in cash.

The concept of guarantees and compensations in labor law can be applied together, if required by chance. For example, if an employee is a donor.

In addition to reimbursement of expenses, employees are entitled to compensation for non-pecuniary damage that may be caused at the workplace.

Basic goals

The main objectives of providing guarantees and compensations are:

1. Providing employees with average earnings in individual cases stipulated by law, when they do not fulfill their direct duties.
2. Compensation to employees of the cash costs specified in the law, incurred by them for production needs.

The basic guarantees and compensations in the labor law of the Russian Federation are prescribed in article 165 of the Labor Code of the Russian Federation.

Types of Warranties

The main types of guarantee payments include:

• payments that depend on production situations or management actions (payment of downtime due to the fault of the employer, payment of involuntary absenteeism upon unlawful termination of the contract, allowance for dismissal);
• payments that provide the employee with the right to paid rest;
• bonuses paid to employees under the age of majority;
• payments that are not dependent on production, but are important for the state and society (government duties, participation in collective bargaining, military fees, etc.).
  

Special cases

In addition to the established guarantees, the legislation distinguishes the following types of guarantees and compensations in labor law:

1. When sending on business trips or other official trips.
2. When moving to another city in order to fulfill labor obligations.
3. When performing state or public activities.
4. When combining study and work.
5. If necessary, stop work due to employee misconduct.
6. with annual rest.
7. In exceptional cases, termination of employment.
8. Due to a delay in the issuance of a work form due to the fault of the employer upon termination of the employment relationship.
9. Other types of guarantees and compensations provided by labor law.

Basic principles

The basic principles for providing compensation and guarantees include:

• the establishment of a binding level of compensation and guarantees;
• the obligation of heads of organizations to provide employees with statutory guarantees and compensations;
• employee right to statutory compensation and guarantees;
• the possibility of improving the position of employees in comparison with what sets the legislation in the field of compensation and guarantees at the agreement level at the expense of the contracting parties.

Business trips

A business trip is understood to mean an employee’s trip at the direction of the head for a specific period to fulfill his duties.

Today, the legislation does not establish a maximum duration of a business trip; it is determined by the employer individually, based on the nature of the order. A business trip is not considered to be the trip of an employee who has a traveling nature of work.

An employee should be sent on a business trip by order of the head of the organization. Based on this, a travel certificate is issued, in which it is necessary to indicate the beginning of the trip and its end, as well as the trip point. At the end of the trip, the employee must submit a report on the work done.

When an employee is on a business trip, he is provided with guarantees and compensations, indicated in labor law as mandatory. These include:

1. Preservation of a workplace and position. An employee may not be transferred to another position or dismissed at the initiative of the employer (if this is not the liquidation of the enterprise).
2. Saving wages. During the trip, the employee retains average earnings. If a citizen works part-time, then the payment of travel expenses, as well as the preservation of earnings, falls on the organization that sent him on the trip. If an employee is sent on a business trip by both organizations at once, then wages must be kept at the main place and part-time.
3. Reimbursement of travel expenses. Such reimbursements include: travel expenses, living expenses, extra expenses and those expenses that are allowed to the employee with the consent and knowledge of the employer.

A special reimbursement procedure is provided for those employees who work on a rotational basis. Since this way of working is permanent for them, instead of the per diem, they are paid premiums to the basic tariff rate.

Relocation

Guarantees and compensations in labor law are briefly described for moving to work in another locality.

Relocation is usually associated with various expenses, and the employer must reimburse them. Subject to reimbursement:

• expenses for moving the employee and his family, as well as for transportation of the main property (an exception is when the employer provides the employee with the necessary means of transportation);
• expenses for arrangement in a new place.

The amount of compensation must be agreed between the parties in writing.

Military duty

Guarantees and compensations in labor law are also provided for citizens performing military duties. Such persons may be relieved of work while retaining their place of work and average earnings (during military training), receive reimbursements related to hiring a house, paying for moving or traveling from home to work, and receive business trips for the duration of medical examination, examination or treatment with a view to staging on military registration, preparation for conscription or military service.

If the organization incurs expenses due to the implementation of the law on military obligations, then they are reimbursed from the federal budget.

Combining study and work

Warranties and compensations are regulated in labor law and for employees combining study and work. These include:

• Study leave (can be granted on the basis of a certificate-call from an educational institution).
• Shortened working hours.
• Travel Compensation.

Warranties and compensation may be granted if:

• the institution has state accreditation;
• the employee timely fulfills the curriculum standards, has no debts for semesters, timely performs all the assigned work;
• an employee has never before graduated.

If an employee receives education in several institutions at once, then payments are provided in connection with training in one of them.

If an employee studies by correspondence, the employer pays for him once a year. At the request of an employee studying in absentia or in the evening, they can reduce the working week by seven hours by ten months before preparing for graduation work or passing state exams.