The parties to the employment relationship are ... Who are the parties to the employment relationship and the employment contract?

Any employment relationship involves the interaction of the employer and the employee in order to create a product or provide a service. Based on the fact that the parties to the employment relationship are individuals and legal entities with sometimes conflicting interests, the process of labor activity is regulated at the legislative level.

What is labor interaction?

In fact, labor relations (TO) is a list of the rights and obligations of the employer and employee, which are documented (in the employment contract). As a matter of fact, all THAT can be called a dynamic social system, which is in a stable state for a very short time. As a rule, in practice, new rights and obligations may arise in the course of performing labor activities, and some of them are able to fully or partially repay previously approved ones. For this reason, when concluding a contract or agreement, universal situations are taken into account and general formulations are used.

Parties to labor relations are (Labor Code of the Russian Federation Art. 20) capable citizens who can carry out labor activities. The employer is both an individual (entrepreneur) and a legal entity (organization, enterprise, company). Its functions are the provision of work, the organization of labor and its management.

An employee can be anyone who is 14 years old. However, until adulthood, he will work in a special position, which provides for less workload and a more loyal attitude. Upon reaching 18 years of age, citizens can act as employees on general terms, of course, if they are not subject to the special conditions described in the articles of the Labor Code (people with disabilities, beneficiaries, pensioners).

Fundamental rights of the employer

In the framework of TO, the employer may conclude, amend or terminate the employment contract concluded with the employees. He also has the right to engage in collective bargaining and collective bargaining, the adoption of local regulations, the creation of associations (or participation in existing associations of employers). Given that the parties to the labor relationship are people hired to perform a certain job, and the final goal of such interaction is to produce a product or provide services, the employer may require that his subordinates fulfill the following conditions:

• Conscientiously carried out labor functions.
• Respectful of the property of the employer and other employees.
• Complied with the rules established by the internal routine.

Depending on how well employees manage their functions, the employer may (but is not required to) introduce a reward system or provide for disciplinary action.

Employer Responsibilities

The main responsibility of any employer is compliance with labor laws. Since the parties to the employment relationship are people who often have no other source of income than the salary provided by the employer, the welfare of their employer depends on the welfare of their employer.

In order to protect their interests, the state obliges entrepreneurs and company executives to fulfill the following conditions:

• Compliance with collective agreements and agreements, as well as local regulations.
• Providing subordinates with the work described in the employment contract.
• Providing staff with the tools, equipment and facilities necessary to carry out all labor functions.
• Ensuring labor safety in a production environment.
• Creation of conditions at workplaces corresponding to sanitary and hygienic standards.
• Caring for the domestic needs of workers related to the implementation of the labor process.
• Ensuring equal pay for the same period, and in no case lower than the level of remuneration that the law dictates.
• Timely payment of accrued salary.

What else relates to the duties of the employer?

In addition to all of the above, it is incumbent on the employer to conduct collective bargaining, conclude collective bargaining, provide representatives of their employees with all the information that may be needed during negotiations, and create conditions that allow workers to participate in the production management process.

The entrepreneur or owner of the company must also take care of compulsory medical insurance of his subordinates, as well as compensation for employees of material damage or moral damage. This is necessary because the parties to the employment relationship are people who may be exposed to hazardous factors in the process of fulfilling their job responsibilities.

In addition, the timely fulfillment by the employer of the requirements presented by the state supervisory and control bodies and payment of the fines imposed by them is obvious. There should also be no delays in considering submissions sent by trade union bodies or other representatives elected by workers. Typically, their subject is identified violations of the law.

Of course, the above list of rights and obligations of the employer, developed for those who are parties to the employment relationship and the employment contract, may not be relevant in all cases. In order to cover situations not provided for by these provisions, the Labor Code of the Russian Federation contains a clarification stating that the employer must ensure the fulfillment of other duties that may be specified in labor contracts, regulatory legal acts, collective bargaining agreements and agreements concluded with employees.

Who can be a tenant (individuals)

In accordance with the law, the following categories of citizens can be concluded labor contracts for the performance of any work, that is, the following categories of citizens can act as providing parties to the employment relationship:

1. Individual entrepreneurs who chose not to create a legal entity. These include lawyers working in offices, private notaries and other persons who are required to obtain a license to conduct their activities.
2. People who do not have the status of an individual entrepreneur, but conclude employment contracts with employees to provide for their personal needs. In this case, the parties to the employment relationship are adult citizens (from 18 years old). There are situations specified in the Code where both the employer and the employee can be under 18 years of age.
3. If there is a need to hire employees to carry out a number of specific tasks (personal service, housekeeping), then instead of legally incapable citizens or persons with limited legal capacity, the decision to hire is made by a guardian or trustee.

Rights of employers-entrepreneurs

Individual entrepreneurs can hire employees from the moment of their registration to the moment of termination of activity.

Today, thanks to changes in the Labor Code, the rights of employers who are legal entities and those registered as individuals are almost equal. Individuals can participate in collective bargaining, conclude contracts and agreements, they are allowed to adopt regulations and keep records in the work books of hired personnel.

Hiring workers by individuals

Employers who are not entrepreneurs, despite the possibility of concluding employment contracts to provide personal services, are not endowed with the above rights (negotiating, concluding collective agreements, making entries in the work book).

At the same time, they must register the concluded agreement with the local government. When the employment relationship is terminated, the employer must inform the local government about this within a month.

Features design maintenance for enterprises

When the parties to the employment relationship are the employee and the employer-legal entity, their interaction is subject to much more stringent control.

All organizational and legal forms of enterprises and institutions are subject to regulation: state, municipal, private, public. At the same time, those organizations created by foreign entities are also subject to the RF Labor Code.

Sometimes an enterprise cannot start hiring workers immediately after entering it in the State Register, since the equipment of workplaces in accordance with the requirements of safety and hygiene can take some time.

In addition, organizations must first open a bank account and form a payroll fund.

The role of the head of the enterprise in the process of registration of labor relations

When hiring employees, an enterprise or organization may be the parties to the employment relationship directly with the employee and director, director or manager of the company.

In this case, the employer receives the status of a special subject of labor law. In his activity there are such features:

• The position of the head allows him to represent the interests of his employer without the need for a power of attorney. This person is engaged in the performance of functions such as the conclusion of employment contracts, their change and termination. He also has the same rights and obligations as the employer, including the possibility of encouraging employees or disciplining them.

• Along with this, the status of the head, if he is not the owner of the property, is defined as an employee. Here, the parties to the employment relationship are the employee (manager) and the owner of the enterprise. This means that they conclude an employment contract that defines the performance of specific labor functions. In addition, from this point of view, the head becomes a member of the state and receives the same rights and obligations as other employees of the company. Being the subject of labor law, the head has some limitations of his labor rights (such as the possibility of termination of the contract on the initiative of the owner before its expiration).

What should I know about hiring minors?

Along with adults and people with legal capacity, whose employment rarely raises additional questions, adolescents can also be parties to labor relations. Everything is not so clear here, because the labor activity of young boys and girls should not harm their physical or mental health.

Most often, the parties to the employment relationship are the owners of such institutions as cafes, car washes, retailers (employers) and adolescents from 14 to 16 years old (workers).

The rights of employees are similar to those used by all other categories, and the duties include conscientious performance of their functions, respect for property and compliance with safety rules.

Workweek for teenagers

Given the lower working ability of young people, their work week is much shorter than usual:

• For those under sixteen years old - 24 hours a week.
• From sixteen to eighteen years - 36-40 hours a week.
• If a teenager under the age of sixteen is studying, his workload cannot be higher than a twelve-hour work week.

What work cannot be assigned to underage workers?

Teenagers cannot be involved in heavy, night or underground work. They should not be hired if there is a risk of exposure to harmful and toxic substances.

Also, to protect moral development, young people are forbidden to give assignments related to the transportation or sale of erotic products and alcohol. It is forbidden to hire teenagers to work in nightclubs and gaming establishments.

Conclusion

The information presented rather generally defines who are the parties to the employment relationship. In labor activity there are a lot of subtleties and nuances, therefore, each specific situation requires an individual approach.