The subjects of labor law include those persons who are among themselves in the relations of labor and in others related to labor. Their participants, depending on the nature of the relationship into which they enter, are divided into several categories.
The classification of subjects of labor law can be based on various criteria and include a different number of actors. But in any case, there are three main categories of participants: the employee, his employer and the trade union. Each entity has a specific legal status, which determines its legal authority. In turn, state bodies are obliged to monitor the protection of these rights, monitor their implementation, and prohibit excess. An employer as a subject of labor law is an organization or an individual who enters into an employment relationship with an employee . This definition is given in 3 hours 20 of the Labor Code of the Russian Federation.
Sometimes, instead of the employer, the right to conclude an employment contract with a future employee may be vested in another entity. Such cases are prescribed by law. And then the employer as a subject of labor law can be represented:
1) a legal entity (organization) that entered into labor relations;
2) by an individual who has entered into an employment relationship;
3) by another entity authorized to enter into an employment agreement and entered into an employment relationship.
The conclusion of an employment agreement with the first employee already makes the organization an active person in labor law.
The employer as a subject of labor law must perform a certain range of actions that are assigned to him. They are recorded in article 303 of the Labor Code of the Russian Federation. The legal status of the employer obliges him:
- An employment agreement with an employee must be drawn up in writing and registered with the appropriate self-government body;
- Settle in a timely manner with mandatory payments and insurance premiums that are prescribed by law;
- engage in the issuance of certificates of state pension insurance for those employees who first get a job.
Unlike a legal entity that is not required to register labor agreements with the relevant self-government body, an individual employer must register them at their place of residence. And at the same time, if this condition is not met, then the employee working for an individual retains the right to benefits (for example, vacation) provided by the state. In order to prove the fact of work with a particular employer, you can do without written evidence in the form of an employment agreement, witness testimonies will suffice.
From 25 and 26 articles of the Civil Code of the Russian Federation, the possibility arises of recognizing an individual as an employer only if he is 18 years old, having the ability to bear full responsibility for his own actions contrary to law, and legal capacity in general, as well as recognizing their emancipation. Recognition of his legal personality is limited by a greater number of requirements than recognition of the same legal personality of a legal entity. This is due to the fact that the employer, represented by an individual, must independently organize the labor process and guarantee the safety of his employee.
In those cases when the legal entity or individual - the employer as the subject of labor law cannot perform its functions, other persons are vested with the right to conclude labor agreements. Representatives, divisions, branches of organizations may act in their quality, provided that their leaders have the right to hire and fire employees. They also act as a representative of the defendant in the local court in the event of the resolution of labor disputes. Also, the head of the organization’s structural unit has the right to represent his organization in the process of labor relations and has all the rights of the employer.