The rights of employers, like any others, are numerous. Just like their duties. This topic is very interesting and voluminous. And, one way or another, each of us will already be connected with her. It will not be superfluous to everyone to know what rights and obligations an employer has. Well, it's worth talking about.
Hiring
So, first of all, when talking about the rights of employers, it is necessary to note the topic of hiring. A person who is the head of a company, an individual entrepreneur, etc., has every right to conclude, terminate or amend employment contracts with employees. But only in the order and under the conditions established by the Labor Code of the Russian Federation (and other federal laws). He can also negotiate with his team and conclude the so-called Collective Agreements. And, of course, to encourage workers for their achievements in the company.
In parallel, the employer should provide its employees with only the work that is stipulated by the agreement concluded with them. And their conditions are also required to comply. In addition, he is obliged to ensure the proper level of labor safety and conditions comfortable for the activities of employees.
About making claims
Does the employer have the right to force employees to do something? Specifically, in this wording - no. But he can require his employees to fulfill their duties and take care of the property of the company (company, enterprise, etc.). He also has the right to insist on compliance with the organization’s internal rules. He can also take any local acts. Does the employer have the right to hold its employees liable and disciplinary? Definitely yes. In the same way, as well as creating whole associations of employers in order to protect and represent their own interests.
Along with this, he is obliged to provide his employees with the availability of tools, equipment, technical documentation and other means that are necessary for the performance of certain duties. The fee should correspond to the work, that is, the employee's work is duly paid. Another salary should be paid on time - within the time limits established by the Labor Code of the Russian Federation and the Collective Agreement.
Responsibility to employees
The employer is obliged to acquaint his employees with the regulations that are planned to be adopted. He should also consider submissions from trade union bodies. Another is to create conditions that would ensure the participation of employees in the management of the company. Provide domestic needs that are related to the performance of labor duties. And to carry out social insurance for each worker is mandatory (as well as compensation for harm that was caused to employees at the enterprise). Non-pecuniary damage must also be compensated.
Another employer is required to maintain military records, pay taxes (income and social) and be a member of the governing bodies of extra-budgetary state funds.
About the employment contract
This topic should also be noted attention, talking about the rights of employers. So, the legislation does not limit them in the selection of specialists. If the head of the organization believes that he needs highly qualified professionals with one or another experience or any specific age - then please. And in fact, employment contracts are different from each other. One company needs a person with a driver’s license, knowledge of three languages 30-45 years old. Another company is a specialist in the age of fifty and above, with an experience of 20 years. The third enterprise - purely girls and women without children, family and plans for this, but with ambitions and potential. In general, all this is possible.
But discrimination is prohibited . By gender, nationality, race, political or religious beliefs, etc. This is not always respected, but it should.
Violations by employers
Often, people hiring specialists admit obvious violations or inappropriate attitude towards employees. What is the most frequent in this regard? Place of residence discrimination is what it is called. Too often young specialists or women with young children are refused. On the part of the law, this is considered discrimination. But employers can be understood completely. A person who does not live permanently in their city may suddenly leave if he needs it. This is a dismissal, and the employer has to urgently seek a replacement for him. Accordingly, it experiences inconvenience. A woman with young children can constantly ask for permission or ask for privileges, some even come to the workplace with them, which interferes with the work process and violates the comfortable working conditions of other employees. Although here the employer has the right to prohibit such behavior, but the situation as a whole is not comfortable. As for age, it is logical to assume that the employer is afraid to accept an inexperienced employee. So everything is relative in this case.
Employers cheating
But there are real violations. Does the employer have the right to allow a person to work without registration, and then suddenly dismiss allegedly due to unsuitable professional qualifications? This has recently been common. This is a gratuitous use of labor in some cases and a test of a potential employee for his quality and ability to work in others. This is not considered as a refusal of employment, since in fact a person was allowed to work. But! The first part of article 61 of the Labor Code of the Russian Federation states that an employment contract is valid from the moment it was signed by the employer and employee, or from the day when the person was allowed to work with his personal knowledge. And that in the first, that in the second case, dismissal is permissible only when there are grounds stipulated by law. Otherwise, it can be appealed, and many people who are unfairly dismissed go to court to restore their rights.
Employee choice
The rights of employers are numerous, and, as mentioned above, employers are free to choose a potential employee. But it happens that they refuse a person due to the fact that he had a criminal record or was fired, even if he is suitable for all the qualities. This is also an injustice. By the way, the presence of the notorious criminal record and dismissal is not a reason for refusing work. There is only one limitation, and it is appointed by a court decision. For example, previously convicted may be prohibited from holding any particular position or engage in any activity. Age restrictions are also established by law. Take, for example, civil servants. Only the person who is 25 or more years old, and also has 5 years of driving experience + higher education, can be accepted to the position of inspector of the traffic police taking examinations. This is a prime example.
About dismissal
The basic rights of the employer were listed at the very beginning. Dismissal is also on their list, but it is worth talking about it separately. So, the employer has every right to terminate the employment contract if the employee has violated it. For example, did not arrive on time at the enterprise (not a one-time case, but on an ongoing basis). Or did not fulfill the requirements of the boss, which were also stipulated in the contract. He violated order at the company, stole valuable property, etc. It is clear that if a person worked for the good of a computer enterprise and stole a laptop, then he will be fired. But if he was late for half an hour once, then they can only demand an explanation.
Also, the employer's labor rights give him the opportunity to terminate the contract with the employee of the enterprise without warning. But only at least two months before dismissal and only with the written consent of the employee. In this case, the employer is obliged to pay compensation to the employee in the amount of 2-month earnings of a person (except for severance pay and other payments). Is the employer right when he breaks the contract during the period when the employee is on vacation or on sick leave? No, this is a violation of rights.
Employer Responsibility to the State
So, what rights an employer has - clearly. Now I would like to talk a little about what conditions prescribed by law, he must comply with. So, the employer is obliged to conclude an employment contract with the person who does not have medical or judicial contraindications for this type of activity or position. For example, if a potential employee has asthma, then he certainly can not work with chemicals. If the employer hired him, this is a violation of the law.
Everyone is saying that everyone needs a diploma. Yes, it is necessary. Because if the performance of work requires certain knowledge in accordance with the law, then the potential employee must have a diploma. If he is not there, and the employer has concluded an employment contract with such a person, this is a violation. Moreover, it is often simply dangerous. After all, no one hires a person without a medical education to work as a surgeon?
What problems may arise?
Employer rights and obligations of the employer is a complex topic. It contains too many nuances. For example, sometimes labor disputes arise in which the employer will have to prove that the reduction of staff or the number of employees is a necessity. Justification is not needed. Proof is required that the reduction was to occur.
So, the employer will have to prove that a particular employee does not have the preemptive right to remain in the enterprise as an experienced professional or a person with increased productivity. And if the qualifications of the workers are the same, you still have to convince the law that this person has no other advantages declared in the Labor Code of the Russian Federation. And preferences, by the way, are available. For example, the employer must give up a place to a family person (to someone with two or more family members who are dependent). Or a person in whose family the rest do not work. Advantages are given to employees who have received injuries or work-related injuries / illnesses in the course of their activities at the enterprise. Disabled people of the Second World War and military operations are also in the black, as are those individuals who improve their qualifications in the specialty without interruption from official work.
Who can be considered as a potential employee?
The rights of the employee and the employer often overlap. And this is understandable, because they are directly related to each other. One hires the other so that he does a certain job for the money. And who can be taken in principle?
18 year olds - that is, those people who have come of age. They must be civilly competent. Minors (from 14 to 18) can also be accepted - only with the written permission of their official representatives, who are parents, guardians and trustees. If adults are limited by the court's legal capacity, then the employer can still accept them - also with the written consent of the parents. But such people can only do personal service or help with household chores.