Social guarantees in labor and civil law. Social guarantees

INTRODUCTION

The laws of reproduction of labor force establish the proportions and quantitative dependencies of consumed material and spiritual goods necessary for the cyclical replenishment of used labor resources. As we see, there is a whole theory of the reproduction of labor resources, without which, in principle, no business is possible. If there is no worker, there will be no goods and no surplus value.

Economic laws of social reproduction in the “gangster” privatization race Russian economy seem to have been forgotten. Economic and social reforms of the last 5 years show the state’s desire to completely shift the costs of reproduction of labor resources to the workers themselves and their families: full payment utilities, paid education and medicine, “beggarly” pension provision today's pensioners, etc. The slogan “social responsibility of business” in economic terms remains only a slogan. For example, the cost of social programs for employees in the general budget of such companies as OJSC RAO ES, OJSC Gazprom, OJSC Lukoil in 2005 amounted to less than one process. And in the cost of selling one barrel of oil sold abroad by OJSC Sibneft, the social package of an employee of this company is less than 0.1%. With a profit of 35%. The situation with vocational education is improving somewhat. Professional education in the fuel and energy complex, ferrous and non-ferrous metallurgy is being restored at an accelerated pace.

And the “fathers of business” are investing a lot of money in this, since after 15 years of privatization an entire generation has been trading in the markets, and the old cadre of “chimney workers” are gradually dying out. This shows that all is not lost. Economics makes us think about people, about the reproduction of labor resources by the capitalists themselves. And the sooner the employer understands this, the more money he invests in the reproduction of labor resources, the more successful his business will be in the future. The West has long understood this. The “socially oriented” economies of Sweden, Denmark and Germany clearly demonstrate this. Maybe the arrival of Western investors in Russia will move us in this direction.

SOCIAL GUARANTEES IN THE FIELD OF EMPLOYMENT

The size of the employer’s social guarantees is determined by the employee’s overall compensation package, which, in addition to wages, includes a number of options: - voluntary health insurance(VHI); - additional non-state pension provision (NPO); - health resort services and summer holidays (SKO); - housing programs in various forms (free housing, housing loans, mortgage lending, etc.). The employee’s overall compensation (social) package is either large, small (not at all), or optimal. It is optimal if it helps stimulate staff and give them motivation to work at this enterprise, give birth to and educate children, support parents and arrange housing. IN different periods Over time, in different market situations, the size of the social package may change. If an enterprise increases its volumes, increases all types of resources, including labor resources, then the owner thinks about how to invest in labor resources to make it comfortable to work at this enterprise. If an enterprise reduces volumes, it means that it also reduces resources, all types of resources, including labor. It's all interconnected.

The social package must be understood as the provision by employers of various material benefits to their employees in addition to the obligations provided for by labor legislation and social security legislation Russian Federation. In accordance with the requirements of Art. 22 of the Labor Code such obligations of the employer include:

Security household needs employees related to the performance of their labor duties,

Compulsory social insurance of employees in the manner established by federal laws,

Payment in full of wages due to employees,

Conducting collective negotiations, concluding collective agreements, etc.

The employee receives various benefits, compensation and privileges, which are now commonly called a social package, at the expense of the employer, either in the form of goods, work or services performed or provided to the employee by the employer, or in the form of compensation by the employer for the employee’s expenses for the relevant goods, work or services.

Thus, the social package may include the following material benefits:

Free food,

Non-state pension insurance,

Voluntary health insurance,

Life and health insurance,

Payment by the employer for mobile communication services,

Providing employees with sanatorium-resort and health-improving vouchers (except for those paid for from the Social Insurance Fund of the Russian Federation),

Other material benefits provided to the employee by the employer.

If we consider the material benefits included in the so-called social package from the point of view of labor legislation, they cannot be considered incentive payments (Article 144 of the Labor Code) and, moreover, are not elements of wages (Article 129 of the Labor Code).

In accordance with Art. 57 of the Labor Code, the employment contract between the employee and the employer may provide for any conditions that do not worsen the employee’s position in comparison with the Labor Code, laws and other regulations, collective agreements, and agreements. One of these conditions of the employment contract may be the provision of a social package to the employee. At the same time, the employment contract must clearly define the material benefits that make up the social package and the procedure for their provision.

It often happens that an organization that has taken on too many different obligations as part of the “social package” is unable to fulfill them because its financial capabilities have changed. However, labor legislation does not provide for the right of an employer to unilaterally revise the terms of an employment contract with employees in the event of a lack of financial capacity to fulfill them. Changing the essential terms of an employment contract determined by the parties at the initiative of the employer is allowed only for reasons related to changes in organizational or technological working conditions (Article 73 of the Labor Code). However, providing employees with a social package is not an essential condition of the employment contract (Part 2 of Article 57 of the Labor Code), so it does not apply to the employee’s remuneration and should not be taken into account when calculating average earnings (Article 139 of the Labor Code). Thus, having taken upon themselves the obligation to provide employees with a “social package”, employers must strictly fulfill their obligations.

It turns out that the understanding of the essence of the social package differs among different employers and often does not comply with the law. Therefore, in each specific situation, the employee and employer should clarify what exactly they mean. Consideration of the issue by shareholders about organizing a “decent” social package for an employee at an enterprise at present in Russia quite often ends with the opinion that all this is beneficial exclusively for employees and completely useless for the employer and shareholders, and that social programs is extremely expensive. This opinion is completely wrong. As a result of the gradual aging of qualified personnel and their “natural” attrition due to retirement, enterprise management is forced to incur costs for training young specialists or invite qualified personnel working at similar enterprises or in the same industry. However, in both the first and second cases, the manager is not immune from the fact that a qualified employee will not leave the enterprise tomorrow.

The easiest way to avoid this is to increase wages. However, resolving personnel issues by simply increasing wages is not only ineffective (employees quickly get used to the new level of income and begin to take it for granted), but also burdensome - to increase an employee’s net income by 1,000 rubles, the company must actually pay about 1,500 (1,000 rubles plus Unified social tax and personal income tax). Creation corporate system social compensation at the enterprise helps to solve this problem at lower costs for the enterprise, but no less efficiently. Upon termination of an employment contract due to the liquidation of an organization (clause 1 of Article 81 of the Labor Code) or a reduction in the number or staff of the organization's employees (clause 2 of Article 81 of the Labor Code), the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay). IN exceptional cases the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

Severance pay in the amount of two weeks' average earnings is paid to employees upon termination of an employment contract due to:

Inconsistency of the employee with the position held or the work performed due to a health condition that prevents the continuation of this work (subparagraph “a” of paragraph 3 of Article 81 of the Labor Code of the Russian Federation);

By conscripting an employee into military service or sending him to an alternative civilian service that replaces it (clause 1 of Article 83 of the Labor Code of the Russian Federation);

Reinstatement of an employee who previously performed this work (clause 2 of Article 83 of the Labor Code of the Russian Federation);

The employee’s refusal to transfer due to the employer’s relocation to another location (clause 9 of Article 77 of the Labor Code of the Russian Federation).

An employment contract or collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay.

Guarantees when transferring an employee to another permanent lower-paid job. When transferring an employee who, in accordance with a medical report, needs to be provided with another job, to another permanent lower-paid job in a given organization, he retains his previous average earnings for one month from the date of transfer, and when transferring due to a work injury, occupational disease or other work-related health damage - until a permanent loss of professional ability to work is established or until the employee recovers.

Additional social guarantees

To make workers more interested in maintaining their jobs, it is at this enterprise and attracting highly qualified personnel, employers introduce additional social guarantees at the enterprise. They usually relate to protecting the health of workers, improving their living conditions, etc. Such measures are always attractive to employees.

Of course, the provision of additional social guarantees cannot in any way cancel or reduce the amount of guarantees and compensations, the payment of which is entrusted to employers by law.

1. The Employer provides the Employee with the following additional social guarantees while working at the enterprise:

Additional leave due to temporary disability;

Payment of additional amounts to the state social insurance benefit established by law;

Medical care in the form of payment of compensation for the use of paid medical services in the following institutions:

Sanatorium and resort services in the form of annual free or partially paid vouchers;

Household services in the form of:

Additional compensation for damage caused to the Employee’s health;

Payments to the Employee's family in the event of his death;

Periodic conduct at the expense of the Employer medical examination and assessment of the Employee’s health and ability to work;

Maintaining health in the event of a deterioration in his condition both during work and for circumstances not related to the performance of work duties.

2. If the cause of the Employee’s deterioration in health is alcohol or drug abuse, additional payments for medical care are not made, or, by agreement of the parties, the Employee may be provided with a loan for medical care.

3. Part of the listed guarantees applies to the Employee in the event of his retirement.

Some enterprises that are particularly interested in attracting highly qualified specialists form a staff profit sharing fund. In this case, employees are interested in the success of the enterprise as a whole. An employer can develop a special document on staff participation in profits as a local regulatory act, and it is possible to include this condition in every employment contract. Most often, such a condition is included in labor contracts in joint stock companies.

The state provides the unemployed the following types guarantees and compensations:

Payment of unemployment benefits in accordance with the established procedure;

Providing in some cases financial assistance the unemployed and his family members;

Payment of scholarships during the period of professional training, advanced training or retraining;

Reimbursement of expenses and receipt of other compensation in connection with moving to another area to a new place of residence and work in the direction of the State Employment Service;

Opportunity to participate in paid public works;

Payment of temporary disability benefits during the period of unemployment.

The decision to grant or refuse unemployment benefits is made by the State Employment Service within 10 days from the date of registration of the unemployed.

Payment of unemployment benefits is made from the date of registration of the unemployed at the employment center and remains during the period when the unemployed performs temporary work, about which he is obliged to notify the employment center, as well as during the performance of paid public work in the direction of the employment center.

Unemployment benefits are paid in the following amounts:

For the first 13 calendar weeks in the amount of 70% and for the next 13 calendar weeks - 50% of the average wage (income) at the last place of work, but not lower than the minimum wage and not higher than twice its value if unemployed for 12 calendar months preceding the start of unemployment, had paid work (income) for at least 12 calendar weeks;

For the first 13 calendar weeks in the amount of 100% and for the next 13 calendar weeks - 75% of the minimum wage for unemployed people who, during the 12 months preceding the start of unemployment, had paid work (income) for less than 12 calendar weeks, as well as those looking for work after a long period of work (more than 1 year) break if they have a total work experience of at least 1 year and provided that their employment does not require professional training, advanced training or retraining;

For the first 13 calendar weeks in the amount of 85% and for the next 13 calendar weeks - 70% of the minimum wage for the unemployed, for the first time job seekers, as well as those looking for work after a long break if they have a total work experience of less than 1 year and if their employment is impossible without professional training.

The period for payment of unemployment benefits cannot exceed 26 calendar weeks during each 12-month period calculated from the date of registration in Public service employment. For unemployed people whose work experience is more than 25 years for men and 20 years for women, the period of payment of unemployment benefits increases for each year of work exceeding the specified period by two calendar weeks.

For unemployed people with dependent children under 14 years of age (disabled people under 16 years of age), the benefit amount increases by 10%, and if there are two or more children - by 20%.

In the event of illness of an unemployed person, instead of unemployment benefits or scholarships, temporary disability benefits are paid (including for pregnancy and childbirth, caring for a sick child), and the period for receiving temporary disability benefits is not included in the total period for payment of unemployment benefits.

Unemployment benefits are generally not paid in the following cases:

Dismissals (deductions) for violation of labor or military discipline and other guilty actions, as well as in the event of loss of a source of income as a result of guilty actions;

Dismissals (expulsions) from the last place of work or service (study) at will without good reason;

Failure to provide an income statement when requested by the employment center.

Payment of benefits to an unemployed person is terminated in the following cases:

Employment;

Completing professional training, advanced training or retraining in the direction of the employment service;

Endings established by law payment period;

Obtaining benefits fraudulently;

Convictions to punishment in the form of imprisonment;

Receiving pensions or benefits in amounts exceeding the amount of unemployment benefits.

In some cases, payment of unemployment benefits may be suspended for up to three months, and this period is included in the total period of payment of unemployment benefits, or the amount of benefits may be reduced, but not more than by 50%. This is possible if the unemployed person violates the terms of registration or re-registration at the employment center; if the unemployed does not notify the employment center about employment for temporary work during the period of receiving unemployment benefits; if the unemployed person has twice refused a suitable job offered by the employment center or vocational training.

An unemployed person and his family members may be provided with financial assistance from the employment fund, the amount of which, as a rule, cannot exceed the minimum wage. The decision to provide it is made by the employment center on the basis of a written application, taking into account the financial situation of the unemployed and his family members (3, Article 19). For the period of vocational training or retraining, the unemployed are paid a stipend in the amounts determined by the Employment Law (Article 17). The stipend for the unemployed is set at 50%, and if there are dependents - 75% of the average salary at the last place of work, but not less than one and a half times the size minimum benefit unemployment for a given unemployed person and not higher than three times the minimum wage. Unemployed people who have not worked for more than 1 year, as well as those dismissed for violation labor discipline or at one’s own request without good reason, the scholarship is paid in the amount of the minimum wage. The amount of the scholarship may be reduced or its payment terminated due to poor academic performance or systematic failure to attend classes without good reason.

When the unemployed and members of their families move in the direction of the employment center to a new place of residence and work in another area, they are reimbursed for moving expenses (cost of travel, transportation of property, daily allowances for the time spent on the road), payment of these amounts is made by the employment centers at the location of the enterprise hiring an unemployed person. In addition, the unemployed are provided with one-time financial assistance in the amount of 5 minimum wages and one minimum wage for each family member.

Social guarantees provided to the unemployed also include the opportunity to participate in paid public works. Public works include those types of work that do not require special professional training.

These include various types of agricultural work, procurement of wild berries, mushrooms, herbs, work in vegetable warehouses, logging, loading and unloading work, improvement of urban areas, etc. Time of participation in public works is included in the total and continuous work experience. Public Works are carried out on the basis of an employment contract, work contract, other civil law contracts concluded between the employer and the unemployed.

CONCLUSION

In conclusion, the following conclusions can be drawn:

Currently before Russian market labor costs many problems. To solve them, employment policy must be radically changed. And especially federal law. It is impossible to passively contain unemployment today. Only a targeted active increase in the level of employment of the population in existing and newly created highly efficient knowledge-intensive jobs will help reduce the unemployment rate.

The size of the employer's social guarantees is determined by the employee's overall compensation package, which, in addition to wages, includes a number of options: - voluntary health insurance (VHI); - additional non-state pension provision (NPO); - health resort services and summer holidays (SKO); - housing programs in various forms (free housing, housing loans, mortgage lending, etc.). The employee’s overall compensation (social) package is either large, small (not at all), or optimal. It is optimal if it helps stimulate staff and give them motivation to work at this enterprise, give birth to and educate children, support parents and arrange housing.

In accordance with the Federal Law “On Employment in the Russian Federation,” the state guarantees unemployed citizens:

Free access to information and services with assistance in selecting suitable work and employment through the employment service;

Free vocational guidance services, psychological support vocational training, retraining and advanced training in the direction of the employment service;

Payment of unemployment benefits, including during periods of temporary incapacity for work;

Payment of stipends during the period of professional training, retraining, advanced training in the direction of the employment service, including during periods of temporary disability;

Opportunity to participate in paid community work.

The right to receive unemployment benefits is available to unemployed people who do not receive pensions, benefits (with the exception of benefits for families raising children) or compensation for damage caused to health by injury or other damage related to the performance of work duties in an amount exceeding the amount of unemployment benefits, established by employment legislation.

LIST OF REFERENCES USED

1. Law on Employment in the Russian Federation (as amended by Federal Laws dated 04/20/96 N 36-FZ, dated 07/21/98 N 117-FZ, dated 04/30/99 N 85-FZ, dated 07/17/99 N 175-FZ ) (as amended by Federal Law dated November 20, 1999 N 195-FZ)

2. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ Adopted State Duma December 21, 2001 Approved by the Federation Council on December 26, 2001 Published in Rossiyskaya Gazeta on December 31, 2001, No. 256 (2868). (as amended by Federal Laws dated July 24, 2002 N 97-FZ, dated July 25, 2002 N 116-FZ, dated June 30, 2003 N 86-FZ, dated April 27, 2004 N 32-FZ).

3. Kotlyar B.A., Medvedev A.Yu. “Social partnership and competitiveness”, M., JSC “Printing House “Novosti””, 2006, p. 329-332.

4. Drucker Peter F., “On professional management”, M., Williams, 2006. Methodological recommendations for analyzing and eliminating the causes of labor conflicts caused by workers’ demands for increased wages., TsNOTORGMET, M, 2004.

5. M. Trottman “Love for people”, “Vedomosti”, 04/18/06, No. 68, p.7

6. Labor and employment in Russia. - M, 2005, p.534.

7. Tsygankova T.A. - Unemployment benefits as one of the main social guarantees

When hiring employees, you will definitely mention the provision of a social package. This phrase refers to sick pay and contributions to various funds. And this is not just a bonus program. You are required by law to provide your employees with a social package upon employment. What other social guarantees exist?

Basic social guarantees and compensations that you must provide to employees under the Labor Code of the Russian Federation:

1. Providing and paying for sick leave.
2. Provision and payment annual leave(28 days).
3. Social insurance.
4. Payment for travel allowances.
5. If the work is traveling, payment of transportation costs.
6. When combining work with training. Compensation must be paid for the duration of the training.
7. Compensation for forced cessation of work through no fault of the employee.
8. Compensation when an employee is demoted or transferred to a job with a lower salary.
9. Compensation if an accident occurs at work.
10. In certain cases, termination of an employment contract.
11. If you yourself have sent an employee for advanced training, then you must compensate him for his absence from the workplace.
12. Compensation for medical examinations.
13. Compensation if a person becomes temporarily disabled.

Also, the Labor Code of the Russian Federation (Article 170) stipulates guarantees for employees performing state or public duties, for example, donating blood or acting as a witness in court.

You need to remember that these are mandatory guarantees and are not optional. social security. If you operate in the teaching field, then you need to know the following: after every 10 years of continuous work, employees have the right to a year of vacation to write educational literature. They can be provided with either a full or partial salary for the period of vacation, or the teacher can be released “with nothing.” All this is provided at the request of the employee, and you determine the form of payment based on the appropriate recommendation of the council.

I would like to note that social support for staff can be provided through a written collective agreement, which will guarantee safe conditions labor. Various compensations are spelled out there: what, for what, why. Each organization has its own regulations on social support workers.

Social support for staff can be provided through a written collective agreement, which will guarantee safe working conditions.

Women with children

You probably know that denying a woman with a child a job is at least illegal. There are a few more rules regarding this topic:

1. If an applicant comes to you and her child is under 1.5 years old, then a job test is not arranged for her.
2. If your employee’s child is under 3 years old or she is the mother of a disabled child, then you can call her to work the night shift or overtime only with her written consent.
3. If an employee is on maternity leave, she has the right to go to work part-time or do work at home. In this case, the benefit must remain.
4. If the child of a woman working for you is not yet 1.5 years old, then, in addition to the main lunch break, she should also be given breaks to feed the child every three hours lasting at least 30 minutes. In cases where there are two or more children, then at least one hour.
5. During the period of maternity leave, you are obliged to retain the employee's workplace without interruptions in work experience. .

Motivational or additional package

Everything that is not in the law is additional social guarantees. This may include gifts that your company gives to the children of employees on New Year, as well as employees on certain calendar holidays. Gifts from the company for a birthday, wedding, birth of a child, etc. Theater and movie tickets can also motivate an employee. There is an option such as additional payment for length of service. You can also offer compensation for expenses as additional social guarantees. For example, payment cellular communications or gasoline (fuels and lubricants). If an organization provides employees with such guarantees, then staff turnover becomes less, and team cohesion, on the contrary, is higher.

Everything that is not in the law is additional social guarantees.

Whether to assign additional guarantees or provide employees only with what is prescribed by law is entirely your decision. And you need to accept it based on what goals you are pursuing and what opportunities you have. After all, employee motivation is undoubtedly very important for an organization.

Social protection is a necessary element of the functioning of developed countries.

Social protection is a system of legislative, socio-economic and moral-psychological guarantees, means and measures that create equal conditions for members of society, preventing the adverse effects of the environment on people, ensuring a decent and socially acceptable quality of life for them.

In a broad sense, the social protection system is a system of legal, socio-economic and political guarantees that provide conditions for ensuring livelihoods:

For able-bodied citizens – through personal labor and entrepreneurship;

Socially vulnerable groups - at the expense of the state, but not below the minimum subsistence level established by law.

In its fullest manifestation social protection should cover the following areas:

Providing members of society with a living wage and providing financial assistance to those who, due to objective reasons it is necessary, protection from factors that reduce living standards;

Creating conditions that allow citizens to freely earn a living for themselves by any means that do not contradict the law;

Creation of conditions that ensure satisfaction of a certain minimum needs of citizens in education, medical care, etc.;

Providing favorable working conditions for hired workers, protecting them from the negative impacts of industrial production;

Ensuring environmental safety of members of society;

Protection of citizens from criminal attacks;

Protection of civil and political rights and freedoms;

Creation of conditions excluding armed social and interethnic conflicts;

Protection from political persecution and administrative arbitrariness;

Creating a favorable psychological climate in society, ensuring freedom of spiritual life, protection from ideological pressure, protection from psychological pressure;

Ensuring the maximum possible stability of public life.

Any state has the whole system social institutions that provide social protection to citizens.

Social Institute- this is a stable form of organizing the joint activities of people in the form of an organizational structure or a system of rules of a normatively regulated order, within the framework of which distribution occurs social roles and the statuses of people covered by the activities of the relevant institution.

Social institutions include:

State (state social services);

Normative institutions (constitution, labor law, labor legislation, etc.)

Trade unions;

Commercial social services (insurance companies, etc.)

Questions for control

1. What characterizes social and labor relations, name the subjects of social and labor relations.

2. What can unite people in production systems.

3. What characterizes alienation as a form of attitude towards work.

4. How are social partnership relations characterized?

5. What are the main aspects of justice in social and labor relations.

6. What is meant by social structure organizations, types of social structures of the organization.

7. Expand the content social processes in a labor organization.

8. Specifics of studying the problems of labor organization using sociological methods.

9. Functions and types of sociological research.

10. How the goal and objectives of sociological research are formulated, its object and subject are determined.

11. Reveal the essence of the main methods of conducting sociological research.

12. Describe the concept of “social protection”.

13. List the main social institutions operating in Ukraine, providing social protection to workers.

14. The role of the trade union organization in protecting the rights and interests of employees.

15. Give examples from legislation on social guarantees for workers.

The state protects the labor rights of citizens. Many people associate social package with their implementation. But this term has a broader definition and is not always regulated by law.

Normative base

The concept of a social package is not provided for by law. does not contain its description and does not regulate the procedure for its application.

But the law describes the main labor guarantees(salary, vacation and others) specified in V – VII section Labor Code of the Russian Federation. They are basic and required for all employed citizens.

Other additional conditions not provided for by the state. The employer expands the list of benefits for employees at its discretion.

Definition

The social package is labor guarantees, due to the employee during employment. However, not all employers provide it. Causes:

• informal employment;
• shadow employment;
• Company policy.

When citizens get a job, they pay attention to vacancies with improved conditions. But not everyone knows what a social package is.

There are two definitions of this concept.

1. The social package is the basic guarantees of the state provided for by the Labor Code. Many employers include vacation, sick leave and timely wages in this concept. But the conditions listed are not privileges. They are required to be provided to all citizens working officially.
2. A social package is an additional bonus that employees can count on when hired. They receive them in addition to basic guarantees from the state. IN different companies privileges may not be equal.

Both points of view are acceptable. But preference is given to the second. Many employers strive to improve working conditions, which allows them to further motivate employees and attract as many applicants as possible to work for them. Therefore, the scope of bonuses they provide includes a social package with increased privileges. Their list is significantly wider than in standard and legally required guarantees.

Basic social package

The full benefits package includes the following guarantees.

Advice

All specified conditions must be observed by the employer. They are basic and protected by labor legislation. If one of them is violated or not fulfilled, you should contact labor inspection or court.

Additional guarantees

In addition to the basic ones, some employers offer employees additional conditions.

1. Nutrition. In a number of companies, workers are fed for free. Food and meals are provided at work at the company's expense. This bonus is often provided in food organizations: cafes, restaurants and bars.
2. Housing. Due to working conditions, an employee may be offered accommodation in a rented or corporate apartment. The employer pays for housing in full or in part. In some companies, housing may be transferred to the ownership of an employee for work achievements.
3. Gifts for the holidays. Many organizations (including government ones) congratulate employees. Memorable gifts can also be given to children of employees.
4. Issuance of corporate equipment. This category includes business laptops, phones and other electronics.
5. Bonuses. Includes additional cash payments. Employees can be rewarded based on the results of the month, quarter or year.
6. Corporate events. May be conducted at management's discretion.
7. Free trips. Large organizations sometimes provide employees and their families with vouchers to sanatoriums, camps and resorts.
8. Additional salary. Otherwise it is called the thirteenth. It is awarded at the end of the year as a bonus.
9. Training at company expense. This category includes seminars, lectures and advanced training courses. Interested workers are sent there.
10. Paying for gym memberships. Fitness is encouraged in many companies.
11. Others at the discretion of the employer.

This list is not exhaustive. Management independently determines the conditions included in the social package of their company.

Advice

Additional labor bonuses are not regulated by law and are not mandatory. If in company long time certain privileges were provided, this does not mean that if they are terminated, the employee can apply to the court to protect his rights. An extended social package is a right, not an obligation of the employer.

Kinds

There are several types of social package, but the division is not regulated by law and is provided for reference purposes.

Table 1. Types of social packages

Possibility of refusal

Signing an employment contract implies acceptance of all its terms. These include the provision of a social package.

From the first day of work, an employee has the right to labor guarantees. Depending on the company's policy, he may be granted elevated privileges in addition to the basic ones. He can refuse the social package at his own discretion, but this will entail certain legal consequences. The employee will not be able to refer to legal norms and seek protection in court, since he refused working conditions of your choice. For example, if an employer offers to go on sick leave and the worker refuses, the right to treatment will remain unfulfilled. But this is not the fault of the management, which means the law will not be broken.

The same rule applies when refusing additional bonuses (free meals, corporate events, etc.): in this case, there will be no legal consequences for either party.

So, the social package is a set of government guarantees and additional privileges. Not all employees are eligible to receive bonuses. The employer independently determines their volume and order of appointment.

An extended social package is always an initiative of the company’s management, while basic guarantees are provided in accordance with the Labor Code.

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CHAPTER 1. SOCIAL GUARANTEES FOR WORKERS IN LABOR LAW

1.1 The concept of labor guarantees

1.2 Guarantees for employees when sent on business trips and to work in another area

1.10 Compensation for business trips, sending workers for advanced training and to work in another area

1.11 Compensation for persons combining work and study

1.12 Compensation related to treatment by employees

1.13 Protection of workers’ labor rights

CHAPTER 2. SOCIAL GUARANTEES OF INDIVIDUALS IN CIVIL LAW

2.1 Rights of individuals

2.2 Guarantees when concluding a civil contract (using the example of a construction contract)

2.2.1 The concept of a civil contract

2.2.2 Guarantees provided to the contractor

2.3 Guarantees of protection of the result of intellectual activity

2.3.1 The concept of intellectual activity and its results

2.3.2 Functions of civil law for the protection and use of the results of intellectual activity and equivalent means of individualization

2.4 Guarantees for the protection of civil rights

CHAPTER 3. RELATIONSHIP OF SOCIAL GUARANTEES IN LABOR AND CIVIL LAW

3.1 Legal nature of the employment contract and civil law contract

3.2 Difference between an employment contract and a civil contract

3.3 Guarantees for employees when combining two types of contracts

CONCLUSION

BIBLIOGRAPHY

CHAPTER 1. SOCIAL GUARANTEES WORKERS IN LABOR LAW

1.1 The concept of labor guarantees

In Part 1 of Art. 164 of the Labor Code of the Russian Federation, guarantees are defined as the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured. Thus, the purpose of applying the guarantees established by law is the implementation of the rights available to employees. Consequently, guarantees perform a security function in relation to the rights established for employees.

The Labor Code of the Russian Federation divides guarantees and compensation into general (for hiring, transfers, remuneration, termination of an employment contract, etc.) and special Kolobova S.V. Labor law of Russia: Textbook for universities. - M: Justitsinform, 2005, p. 264..

The source of financing guarantees and compensation can be both the employer’s funds and the funds of bodies and organizations in whose interests the employee performs state or public duties (jurors, donors, etc.).

Legal regulation of the conditions for providing guarantees and compensation is not the prerogative of labor legislation and is carried out with the help of federal laws and other regulatory legal acts.

In accordance with Art. 165 of the Labor Code of the Russian Federation, in addition to general guarantees, for example, when hiring, transferring to another job, and remuneration, employees are provided with certain guarantees in the following cases: 1) being sent on business trips; 2) moving to work in another area; 3) performance of state or public duties; 4) combining work with training; 5) forced termination of work through no fault of the employee; 6) provision of annual paid leave; 7) termination of an employment contract on certain grounds; 8) delays due to the fault of the employer in issuing the employee his work book upon dismissal.

Naturally, this list of guarantees is not exhaustive, since the establishment of additional guarantees in agreements, collective agreements, etc. local acts organization, employment contract improves the position of the employee compared to current legislation. Therefore, their establishment does not conflict with the law.

The basic rights of an employee include: 1) provision of work according to the function specified in the employment contract; 2) the right to working conditions that comply with current standards; 3) receiving remuneration for work performed. Accordingly, the guarantees are designed to ensure the implementation of the listed rights. For example, an employee may be absent from work for reasons established by law. In this case, he is guaranteed to retain his job and average earnings.

Employee rights can be of a property or non-property nature.

Existing guarantees for the exercise of these rights may also be of a property or non-property nature. In particular, if an employee is absent from work due to a violation of the terms of payment of wages, he is guaranteed the preservation of his job, previous working conditions, and non-dissemination of personal data. The listed guarantees can be considered non-property, since they do not have a specific value for the employee. Commentary on the Labor Code of the Russian Federation. / Rep. ed. Yu.P. Orlovsky. - M.: INFRA-M, 2009. - 1500 pp. Lebedev V. Interaction of labor law systems and labor legislation // Russian justice. - 2003. - No. 11. P. 24..

During the period of absence of an employee from work due to non-payment of wages, he is guaranteed the preservation of the average wage. This guarantee is of a property nature, since it is associated with the provision of movable property to the employee in the form Money in a certain size.

A distinctive feature of non-property guarantees is their direct connection with the employee’s place of work; they are designed to ensure that the employee, in cases established by law, retains the same working conditions, including the workplace. In connection with this, the main non-property guarantee is to provide the employee with his previous place of work after absence good reasons recognized as such by law, for example, in case of violation of the terms of payment of wages.

Property guarantees are directly related to the employee’s right to receive monetary remuneration for his work, that is, wages. Therefore, they are always related to the average salary received by the employee. Therefore, the provision of property guarantees has a direct connection with the average employee’s earnings.

In connection with the above, we can highlight the following legally significant circumstances that characterize legal concept labor guarantees. First, establishing in legislation, agreements, collective agreement, other local legal acts of the organization, employment contract. Secondly, the direct provision of labor rights provided for in legislation. Thirdly, ensuring the implementation of both non-property and property rights of workers in the world of work. At the same time, non-material guarantees are designed to ensure the preservation of previous conditions labor activity, in particular places of work. Property guarantees are always related to what the employee receives wages Lebedev V. Interaction of labor law systems and labor legislation // Russian justice. - 2003. - No. 11. P. 24..

The provision of non-property guarantees is associated with ensuring the rights that arise for employees in labor relations. By general rule such guarantees cease to apply upon termination of the employment relationship. However, the employer is obliged to ensure that the employee stores and transfers his personal data in compliance with the requirements of labor legislation even after his dismissal. Thus, this guarantee is valid even after the termination of the employment relationship. However, failure by the employer to comply with this guarantee entails the possibility that the employee may receive damages caused by the rules of civil law after the termination of his employment relationship. In this case, the person with whom the employment relationship has been terminated may demand not only compensation for losses incurred in connection with the employer’s refusal to comply with non-property guarantees, but also compensation for moral damages V.I. Mironov. Labor law of Russia. - M., 2006. P. 354..

Property guarantees also operate in parallel with labor relations. However, certain guarantees are also provided after dismissal from work. These include severance pay paid to dismissed persons. However, the presence of this guarantee does not affect the fate of the employment relationship that is terminated.

In connection with the foregoing, we can conclude that guarantees are related to ensuring rights arising in labor relations. The provision of these guarantees after the termination of employment relations does not affect their fate, but such provision also serves to ensure the labor rights of employees, which can continue after the termination of employment relations, for example, the right to compensation for losses caused by the employer and to compensation for moral damage due to non-compliance with established legislation rules of conduct.

1.2 Guarantees workers when sent on business trips and to work in another area

In Art. 166 of the Labor Code of the Russian Federation, a business trip is defined as a trip by an employee by order of the employer to carry out an official assignment outside the place of permanent work. At the same time, business trips of employees whose permanent work is carried out on the road, for example, train conductors, or is of a traveling nature, are not considered business trips, since the implementation of business trips in this case is an integral part of the labor function, that is, it is of a permanent nature. This definition allows us to identify several legally significant circumstances, the proof of which allows us to recognize the employee’s trip as a business trip.

Firstly, this circumstance is that the employee has a permanent place of work. This place can be determined in the local acts of the organization with which the employee has an employment relationship, or in an employment contract. A business trip implies an exception to the general rules for performing work stipulated by an employment contract, since it is performed outside the employee’s permanent location.

Secondly, a legally significant circumstance characterizing the concept of a business trip is the issuance by an authorized representative of the employer of an order to send an employee to carry out an official assignment for a certain period of time outside the place of permanent work. This order must be issued by an authorized representative of the employer, and the employee sent on a business trip must be familiar with it. The absence of this order allows the employee to refuse a business trip. The order of the authorized representative of the employer must indicate what specific official assignment the employee should perform on a business trip, as well as its duration. The duration of a business trip is not defined by law. However, it should not exceed the time the employee performs his labor function at the place of permanent work, since in this case the permanent place of work becomes the place of business trip. As a rule, being sent on a business trip occurs against the will of the employee.

However, by agreement with the employee, the duration of the business trip can be increased, but at the same time the employee must be provided with additional benefits compared to the law if, due to such an increase, the employee spends most of the time in the accounting period away from his place of permanent work. The absence of the employee’s will distinguishes a business trip from a temporary transfer to work with another employer or to another location, which requires the employee’s consent. Although, after the end of the business trip, and after the end of the temporary transfer to another employer or to another locality, the employee is guaranteed his previous place of work. Labor law. Textbook / ed. Smirnova O.V., Snegireva I.O.. - M.: Prospekt, 2009. P. 290..

Thirdly, a legally significant circumstance characterizing the concept of a business trip is the fulfillment of an official assignment outside the place of permanent work.

Used in Art. 166 of the Labor Code of the Russian Federation, the wording allows us to conclude that a business trip can be recognized not only as the performance of a work assignment in another locality, that is, in another locality, but also in the same locality outside the place of permanent work. In this connection, a trip by order of the employer to perform a task within one locality may be recognized as a business trip.

In Art. 167 of the Labor Code of the Russian Federation, the main guarantees when sending an employee on a business trip are the preservation of his place of work (position) and his average earnings. Current legislation allows us to distinguish two types of guarantees that are provided to employees sent on business trips.

Firstly, we can highlight the guarantees that are provided to the employee when performing an official task outside the place of permanent work, that is, on a business trip. Such guarantees include, first of all, the employee’s fulfillment of an official task, which is part of the employee’s labor function. Assigning an employee additional work compared to the job function requires obtaining his consent, as well as payment for the additional work performed. The work schedule on a business trip should not differ from that established for the employee. In this connection, engaging an employee to work outside the normal working hours on a business trip is overtime work, which must be compensated to the employee by additional pay or by providing other rest time equal in duration to the overtime worked. Ibid. P. 291..

Secondly, we can highlight the guarantees provided to an employee sent on business trips at his place of permanent work. These include maintaining the employee’s place of work (position), that is, after returning from a business trip, the employer is obliged to provide the employee with the same job (position) with the same working conditions, which can be changed only after the end of the business trip in compliance with the requirements current legislation. The presence of an employee on a business trip cannot be recognized legal basis to change the conditions of his work.

An employee on a business trip is guaranteed to maintain the average salary at his main place of work. The average earnings for payment to an employee on a business trip are calculated according to the rules established by law; it must be paid to the employee within the time limits established for payment of wages, therefore, when the employee is on a long business trip, the employer is obliged to ensure that his average earnings are sent to the employee. This transfer must be carried out at the expense of the employer. Failure of the employer to fulfill this obligation allows the employee to receive interest for the delay in wages, as well as to stop performing an official assignment on a business trip if the delay in average earnings exceeds 15 days. When wages increase in an organization, an employee on a business trip has the right to this increase on an equal basis with other employees of the organization. Thus, the labor rights of an employee cannot be limited in connection with his being on a business trip. Commentary on the Labor Code of the Russian Federation. / Rep. ed. Yu.P. Orlovsky. - M.: INFRA-M, 2009. - 1500 pp..

Similar guarantees are provided to employees when moving to work in another area. One of the guarantees provided to employees when moving to work in another area is the inadmissibility of deterioration of the working conditions specified in the invitation to work.

A person invited or transferred to another locality is guaranteed to retain his earnings while on the move. From the moment of departure to a new place of work, a person invited or transferred to work in another locality becomes an employee of the new employer, whose responsibility is to pay wages for all days on the road.

The employer is also obliged to provide the employee with time, while maintaining average earnings, to settle in a new place of residence. Thus, guarantees when moving to work in another area are associated with providing the employee with work and working conditions stipulated in the invitation to work, and maintaining earnings while on the move and settling in a new place of residence.

1.3 Guarantees for employees when performing state or public duties

Based on Part 1 of Art. 170 of the Labor Code of the Russian Federation, the employer is obliged to release the employee from work while maintaining his place of work (position) for the duration of his performance of state or public duties in cases where, in accordance with federal law these duties must be performed during working hours.

In accordance with Part 2 of Article 170 of the Labor Code of the Russian Federation, the state body or public association that engaged the employee to perform state or public duties pays the employee compensation for the time he performs these duties in the amount determined by law or a decision of the relevant public association. A state or public body that engages an employee to perform duties during working hours pays him compensation, and not guarantee payments in the amount of average earnings. Zaslavskaya T., Shabanova M. Illegal labor relations: the reaction of Russians // Man and Labor. - 2004. - No. 4. P. 39..

Current legislation makes it possible to distinguish the following types of guarantees that are provided to employees in the performance of state or public duties.

First, workers are guaranteed release from work. Cases of releasing an employee from work to perform government duties are listed in federal laws. These include the employee performing the duties of a juror, victim, and witness. The employer is obliged to release the employee from work while he is in court as a plaintiff, defendant, applicant, etc.

Secondly, the employee is guaranteed preservation of his place of work (position), as well as previous working conditions for the period of performance of state or public duties in cases provided for by law, as well as agreements in force in the organization, or a collective agreement. In this connection, upon completion of the employee’s performance of state or public duties, he is guaranteed a return to his previous place of work (position) with the same working conditions that existed before the employee began to perform these duties.

Thirdly, employees performing state or public duties, in defined by law and other regulatory legal acts, the average salary is maintained. In particular, the employer is obliged to maintain the average salary for the employee when participating in civil case as a witness.

1.4 Guarantees for employees combining work with training

Guarantees for employees who combine work with training can be classified depending on the educational institution the employee enters or studies at, who is provided with the appropriate guarantees Used by: Vlasov A.A. Labor law: textbook. - M.: Yurayt, 2006. P.119-121..

Firstly, we can highlight the guarantees that the employer provides to employees entering or studying in educational institutions of higher education. vocational education. In accordance with Part 2 of Art. 173 of the Labor Code of the Russian Federation, the employer is obliged to provide leave without pay to: 1) employees admitted to entrance examinations to educational institutions of higher professional education, lasting 15 calendar days; 2) employees studying in educational institutions state accreditation educational institutions of higher professional education for full-time study, combining study with work for passing intermediate certification - lasting 15 calendar days in the academic year, for preparing and defending the graduation qualifying work and passing state exams - lasting four months, for passing final state exams - one month; 3) employees who are students of preparatory departments of educational institutions of higher professional education, for passing final exams lasting 15 calendar days. For the listed workers, the guarantee is their release from work by providing them unpaid leave the specified duration, as well as maintaining their place of work (position) and previous working conditions. The provision of the listed holidays does not depend on the discretion of the employer. In this connection, the employee has the right to take advantage of the specified vacations with notification of the employer’s representatives about the use of educational leave of the duration established by law.

The collective and labor agreement may provide additional guarantees for employees who combine work with training. In particular, similar guarantees may be provided for employees who study in educational institutions of higher professional education that do not have state accreditation Korobchenko V.V. Protection of labor rights and interests of workers // Journal of Russian Law. - 2002. - No.

Secondly, we can highlight the guarantees that are provided by the employer to employees entering or studying in educational institutions of secondary vocational education that have state accreditation.

In accordance with Part 2 of Art. 174 of the Labor Code of the Russian Federation, the employer is obliged to provide leave without pay to the following employees: 1) admitted to entrance examinations in educational institutions of secondary vocational education with state accreditation for a duration of 10 calendar days; 2) employees studying in full-time secondary vocational education institutions with state accreditation.

Thus, the legislation provides the following guarantees for these employees: 1) release from work in the listed cases, which does not depend on the discretion of the employer; 2) maintaining the place of work (position) with the same working conditions; 3) maintaining average earnings during study leave.

In accordance with Part 3 of Art. 174 of the Labor Code of the Russian Federation for employees studying part-time (evening) and correspondence forms training in educational institutions of secondary vocational education with state accreditation, is provided within 10 months preceding the completion of the diploma project (work) or passing state exams, the right to a reduction working week at 7 o'clock. In this case, the guarantees are: 1) release of the employee, at his request, from work for 7 hours during each working week; 2) preservation of the employee’s place of work (position) and previous working conditions; 3) the employee retains 50 percent of average earnings during the period of release from work, but not less than the minimum wage.

Agreements, collective agreements, and employment contracts may provide for additional guarantees in comparison with legislation for persons receiving secondary vocational education. For example, the listed guarantees can be provided by the employer at his own expense and to employees who receive secondary education professional level in educational institutions that do not have state accreditation.

Thirdly, guarantees can be highlighted that are provided to employees studying in educational institutions of primary vocational education that have state accreditation.

In accordance with Part 2 of Art. 175 of the Labor Code of the Russian Federation, employees studying in educational institutions with state accreditation under the primary vocational education program, if they have no debts, are granted additional leave with the same average earnings to take exams lasting 30 calendar days during each academic year. In this case, the guarantees are: 1) release of the employee from work to take exams, which does not depend on the discretion of the employer; 2) preservation of the employee’s job (position) and previous working conditions; 3) maintaining the average salary for the employee during the period of study leave.

Agreements, a collective agreement, or an employment contract may provide additional guarantees for persons studying in primary vocational education programs, in particular, the provision of the listed guarantees to employees receiving education in educational institutions of primary vocational education that do not have state accreditation Korobchenko V.V. Protection of labor rights and interests of workers // Journal of Russian Law. - 2002. -

No. 12. P. 17..

Fourthly, guarantees provided to employees studying in evening (shift) general educational institutions that have state accreditation can be highlighted.

In accordance with Part 1 of Art. 176 of the Labor Code of the Russian Federation, employees studying in evening (shift) general educational institutions with state accreditation, if they have no debts, are granted additional leave with the same average earnings to take final exams in the 9th grade lasting 9 calendar days, in the 11th (12) class lasting 22 calendar days.

The guarantees in this case are: 1) release of the employee from work for the period of passing exams, which does not depend on the discretion of the employer; 2) retention of work (position) and previous working conditions for employees during the vacation period; 3) maintaining the average salary for the employee during the vacation period.

Based on Part 3 of Art. 176 of the Labor Code of the Russian Federation, employees studying in general educational institutions with state accreditation during the academic year have the right to reduce the working week by one working day or by the corresponding number of working hours during the days of the working week. In this case, the employer is obliged to provide the employee with the option he has chosen to reduce working hours. Short-time work is paid in the amount of 50 percent of the employee’s average salary, but not less than the minimum wage.

The guarantees in this case are: 1) release of the employee from work at his request for one working day per week during the academic year or for the number of working hours corresponding to the working day during the days of the working week; 2) preservation of the employee’s workplace (position) and previous working conditions; 3) when working hours are reduced, the employee retains 50 percent of his average wage, but not lower than the established minimum wage.

The legislation also defines the procedure for providing the considered guarantees. In Part 1 of Art. 177 of the Labor Code of the Russian Federation states that guarantees are provided to an employee when receiving education at the appropriate level for the first time. In this connection, the employee has the right to take advantage of the considered guarantees when receiving education of one level only once.

In Part 2 of Art. 177 of the Labor Code of the Russian Federation states that educational leave, by agreement between the employer and the employee, can be added to the annual paid leave. Therefore, adding study leave to annual leave is a right, not an obligation, of the employer.

In accordance with Part 3 of Art. 177 of the Labor Code of the Russian Federation, due to legal requirements, when an employee is trained in two educational institutions, an obligation arises to provide appropriate guarantees only in connection with training in one of them, while the choice of guarantees remains with the employee. However, even in this case, the employer has the right, at his own expense, to provide the employee with the guarantees necessary for training in each educational institution.

1.5 Guarantees for employees upon dismissal

When employees are dismissed for certain reasons, the law provides for the payment of severance pay to them. In accordance with Part 1 of Art. 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to the liquidation of the organization (clause 1, part 1, article 81 of the Labor Code of the Russian Federation) or a reduction in the number or staff of the organization’s employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation), the dismissed employee is paid severance pay in the amount of average monthly earnings, he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal, but at the same time given period includes the time for which the monthly severance pay was paid to V.I. Mironov. Labor law of Russia. - M., 2006. P. 359.. Based on Part 2 of Art. 178 of the Labor Code of the Russian Federation, the indicated employees retain their average earnings for the third month from the date of dismissal by decision of the relevant employment service body, but at the expense of the employer, if the employee applied to this employment service body within two weeks from the date of dismissal, but was not employed by it. In this case, the guarantees are: 1) preservation of the employee’s average earnings for the period established by law following dismissal; 2) maintaining the insurance period for the period for which the average salary was paid to the dismissed person; 3) retention by the employee preemptive right for employment in the event of a reduction in the number or staff of the organization’s employees during the entire period of maintaining his earnings for the period of employment, since during this period the employer not only retains the obligation to maintain the employee’s average earnings, but also to take measures to find employment for the dismissed person.

Severance pay in the amount of two weeks' average earnings is paid to the employee upon dismissal: in connection with the employee's conscription for military service or his assignment to an alternative civilian service (Clause 1, Part 1, Article 83), in connection with the reinstatement of the employee, previously who performed this work (clause 2, part 1, article 83), in connection with the employee’s refusal to transfer, in connection with the employer’s move to another area (clause 9, part 1, article 77), in connection with the recognition of the employee as completely incapable to work in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5, part 1, article 83), in connection with the employee’s refusal to continue work in connection with a change in the working conditions determined by the parties of the contract (clause 7, part 1, article 77), in connection with the employee’s refusal to transfer to another job, necessary for him in accordance with the medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (p. 8 hours 1 tbsp. 77).

In this case, the guarantees are: 1) retention of the employee’s average monthly earnings for two weeks from the date of dismissal; 2) the employee retains the insurance period for two weeks from the date of dismissal in connection with the payment of average monthly earnings for this period; 3) the employee retains the right, within two weeks from the date of dismissal, to find employment with the same employer if appropriate vacancies are available and obstacles to performing the work are removed.

Upon dismissal due to a reduction in the number or staff of employees, the organization in accordance with clause 1 of Art. 179 of the Labor Code of the Russian Federation guarantees a preferential right to remain at work, primarily to employees with higher labor productivity and qualifications. With equal labor productivity and qualifications, the following criteria are applied to decide the presence or absence of a preferential right to remain at work: 1) the presence of two or more dependents (disabled family members who are fully supported by the employee or receiving assistance from him, which is for them permanent and main source of livelihood); 2) the absence of other independent earning workers in the family of the dismissed employee; 3) receipt of a work injury or occupational disease in this organization; 4) presence of disability due to participation in the Great Patriotic War or in military operations to defend the Fatherland; 5) advanced training in the direction of the employer without interrupting work. The collective agreement may also indicate other categories of workers who enjoy a preferential right to remain at work with equal productivity and qualifications. In this case, the predominant right to remain at work can be obtained by an employee who has several grounds that give an advantage to continue the employment relationship.

In accordance with Part 1 of Art. 180 of the Labor Code of the Russian Federation, when carrying out measures to reduce the number or staff of employees, the employer is obliged to offer the employee another available job (vacant position) that corresponds to the employee’s qualifications.

Based on Part 2 of Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to warn the employee about the upcoming dismissal in connection with the liquidation, reduction of the number or staff of the organization's employees personally against signature at least two months before the dismissal.

In accordance with Art. 181 of the Labor Code of the Russian Federation, upon termination of an employment contract with the head of an organization, his deputies and the chief accountant in connection with a change in the owner of the organization, the new owner is obliged to pay benefits to those dismissed in the amount of at least three monthly earnings of the employee. This payment must also be made at the time of dismissal of the employee. Violation of deadlines in this case is also a reason for paying the dismissed person the interest provided for in Art. 236 Labor Code of the Russian Federation.

In relation to the named employees, the guarantees are: 1) preservation of average earnings for three months after dismissal; 2) inclusion of periods for which the average salary was paid into the insurance period; 3) maintaining the opportunity to continue the employment relationship by concluding an employment contract for available vacancies that correspond to the qualifications of the dismissed employee. The named employees cannot be unreasonably refused to conclude an employment contract for vacancies available in the organization, the work for which corresponds to their existing professional skills Korobchenko V.V. Protection of labor rights and interests of workers // Journal of Russian Law. - 2002. -

No. 12. P. 21..

1.6 Guarantees for employees during temporary disability

Based on Art. 183 of the Labor Code of the Russian Federation, during a period of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal law. Temporary disability benefits are paid as a percentage of the employee’s earnings for the 12 calendar months preceding the temporary disability. In turn, the amount of interest depends on the employee’s insurance experience, that is, the time of work during which the insurance premiums were paid. this species insurance. The exception is established in Part 1 of Art. 7 of the Federal Law of December 29, 2006 No. 255-FZ “On provision of benefits for temporary disability, pregnancy and childbirth to citizens subject to compulsory insurance» Russian newspaper. - 2006. - December 31, No. 4263., which established that employees who have less than six months of insurance coverage in an accounting period of 12 months are paid temporary disability benefits in the amount of the minimum wage. Employees who have overcome the six-month insurance barrier and have an insurance period of six months to five years are paid benefits in the amount of 60 percent of their average salary. For 5 to 8 years of service, this benefit is paid in the amount of 80 percent of the employee’s average earnings. For more than 8 years of service, benefits are paid in the amount of 100 percent of the employee’s average earnings.

In connection with the above, the guarantees in case of temporary disability of an employee are: 1) retention of the employee’s place of work (position) for the entire period of incapacity. The employer has the right to hire another employee in his place under a fixed-term employment contract during the employee’s incapacity for work. However, after the end of the period of temporary incapacity for work, the employee is guaranteed a return to his previous workplace. In this connection, the employee hired for this workplace must be fired or transferred to another job (position). The legislation does not allow competition between employees for the specified workplace, since it is guaranteed to the sick employee; 2) preservation of the employee’s previous working conditions, which can be changed after the employee returns from a period of temporary incapacity for work on the grounds established by law. The above does not apply to salary increases. Temporary disability benefits must be paid in an increased amount from the moment the salary in the organization increases, if it is not paid in the amount of the minimum wage; 3) retaining the employee’s average earnings or part of it, depending on his insurance experience, or paying him the minimum wage if the insurance experience in the billing period of 12 months is less than six months. In accordance with Art. 184 of the Labor Code of the Russian Federation, upon the occurrence of temporary disability due to an industrial accident or occupational disease, temporary disability benefits are paid to the employee in the amount of his average earnings, regardless of length of service.

1.7 Guarantees for elected officials

In accordance with Art. 172 of the Labor Code of the Russian Federation for employees released from work due to their election to elective positions in government agencies, that is, in the elected bodies of federal and regional authorities, as well as in local governments, guarantees are provided, provided for by special laws regulating the status and procedure of the activities of these bodies. The general guarantees that are provided to these persons include: 1) provision of the opportunity to return to their previous job (position) that they performed before exercising their elective powers; 2) providing the opportunity to start work of equivalent value in the absence of a previous job (position); 3) preservation of the previous working conditions, which can be changed after the employee returns to his previous duties on the grounds provided for by law.

Based on Part 2 of Art. 171 of the Labor Code of the Russian Federation, workers elected to trade union bodies and commissions for labor disputes are released from work to participate in its work while maintaining their average earnings. The guarantees in this case are: 1) release of an employee member of the CCC from work for the period of its meetings and their preparation; 2) preservation of the workplace (position) and previous working conditions for members of the CCC for the duration of the duties of a member of the CCC; 3) preservation of average earnings for members of the CCC during their participation in the work of the commission.

In accordance with Part 3 of Art. 171 of the Labor Code of the Russian Federation, the dismissal of employees who are members of the CCC is carried out using Art. 373 Labor Code of the Russian Federation Commentary on the Labor Code of the Russian Federation. / Rep. ed. Yu.P. Orlovsky. - M.: INFRA-M, 2009. - 1500 pp. Lebedev V. Interaction of labor law systems and labor legislation // Russian justice. - 2003. - No. 11. P. 24..

In accordance with Art. 375 of the Labor Code of the Russian Federation, an employee released from work in an organization in connection with his election to an elective position in the trade union body of the organization, after the end of the term of elective powers, is given the previous job (position), and in its absence, with the consent of the employee, another equivalent job (position) in that same organizations. If it is impossible to provide said work(positions) in the event of reorganization, the legal successor, and in the event of liquidation of the organization, the all-Russian (interregional) trade union retains for the specified employee his average earnings for the period of employment, but not more than six months, and in the case of study or retraining - for a period of up to one year.

The time spent in an elective position is included in the general or special length of service of the named employees.

In this case, the guarantees are: 1) retention of the elected employee’s previous job (position) with the same working conditions; the presence of this position (job) entails the employer’s obligation to provide it to the employee, and therefore another employee must be hired for this position. work (position) under a fixed-term employment contract, which ends at the end of the term of elective powers of the employee who previously performed this labor function; 2) provision of another equivalent job (position) in the absence of the previous job (position); 3) maintaining average earnings for the period of employment in the absence of the opportunity to provide work to an elected employee for a period of up to six months, and during training - for a period of up to one year; 4) inclusion of periods of exercising elective powers in the general or special length of service of an employee; 5) inclusion of paid periods of employment in the employee’s insurance period, subject to payment of appropriate insurance premiums.

1.8 Concept of labor compensation

In Part 2 of Art. 164 of the Labor Code of the Russian Federation, compensation is defined as monetary payments established for the purpose of reimbursing employees for costs associated with the performance of their labor or other duties provided for by federal law. From the current legislation, the following circumstances can be identified that characterize compensation as a legal concept. Use: Labor law. Textbook / ed. Smirnova O.V., Snegireva I.O. - M.: Prospekt, 2006. P. 410-

Firstly, compensation is of a compensatory nature; it is designed to reimburse the employee for certain expenses. These costs can be compensated to the employee both for the past and in case of future expenses, for example, to pay for travel to and from a business trip. Whereas the guarantees provided to employees are not reimbursable. The guarantees are designed to ensure the implementation of workers' labor rights.

Compensations are aimed at reimbursing the costs incurred by employees in the performance of established duties, as well as in the exercise of certain rights, in particular the right to training.

Secondly, the use of the concept of “compensation” involves proving the existence of a direct connection between the employee’s incurred or expected expenses and the performance of labor or other duties provided for by federal law during the time allotted for the performance of labor duties.

That is, the connection between the employee’s incurred or future expenses and the performance of specific job duties or other duties provided for by federal law must be proven. Proof of these circumstances allows the employee to demand compensation for the costs incurred by him Smirnov O.V. Snegireva I.O. Decree op. P. 415..

Thirdly, the employee’s incurred or future expenses must be incurred with the knowledge or consent of the employer’s authorized representative or on the grounds provided for by federal law. The employer, at his own expense, can compensate the employee for any incurred and future expenses, thus recognizing them as subject to compensation. In this case, the employee’s position improves compared to current legislation, which is fully consistent with the legal principles of labor regulation. Expenses incurred by employees may be considered compensable under federal law. In this case, the employer has an obligation to compensate the employee for incurred or future expenses. Compensation payments, like other amounts due to the employee, must be provided by the employer to the employee in a timely manner. An employee is not obliged to spend personal funds when performing work duties, state and public duties provided for by federal law. In this connection, the funds necessary to fulfill these duties in cases provided for by law must be provided to him by the employer. The employer’s refusal to pay the employee the amounts necessary to perform the listed duties allows the employee to refuse to perform them, for example, to go on a business trip in the absence of the necessary funds for this, which the employer is obliged to provide. Expenses incurred by the employee that are recognized as subject to compensation must be reimbursed to him upon the first payment of salary Petrov A.V. How to reduce company taxes. - M.: Berator-publishing, 2005. P. 34..

Failure to comply with the deadlines for reimbursement of expenses incurred by an employee on the basis of current legislation allows one to demand the application of Art. 236 of the Labor Code of the Russian Federation, which provides for the payment of interest for each day of delay in the payment of amounts due to the employee.

As already noted, the employer has the right, at his own expense, to improve the situation of employees in comparison with the law when reimbursing incurred or future expenses. However, the application of local rules when paying compensation has its own characteristics. Expenses that are reimbursed to an employee on the basis of current legislation cannot be considered as his income, since the employee does not use these amounts to satisfy his personal needs. The paradox of compensation legislation is that it establishes the maximum permissible parameters for reimbursing an employee for expenses incurred. Exceeding these parameters at the expense of the employer’s own funds is considered as the employee receiving additional income. Although in this case, the employer and employee recognize the expenses incurred as necessary for the performance of labor and other duties and, therefore, subject to compensation Ibid..

The conclusion suggests itself that these payments cannot be attributed to the employee’s income, since they are used by him not to satisfy his personal needs, but for the purpose of properly fulfilling the duties assigned to him. Therefore, recognition of these payments as the employee’s income in excess of established by law parameters, conflicts with the concept under consideration compensation payments.

After all, it is obvious that the proof of the listed circumstances also allows these payments to be recognized as compensatory. Although the application of legislation follows a different path, when deciding whether a payment made to an employee is compensation or not, one should be guided by the data in Part 2 of Art. 164 of the Labor Code of the Russian Federation defining compensation payments.

This definition is applicable if the circumstances considered are proven. It does not imply the possibility of limiting the amount of compensation payable to an employee at the level of by-laws by attributing them to the employee’s income. For this reason, when conflict situations Law enforcers are required to be guided by the considered concept of compensation payments.

1.9 Compensation in connection with the use of property by employees in the course of their work activities

In accordance with Art. 188 of the Labor Code of the Russian Federation, when an employee uses, with the consent or knowledge of the employer and in his interests, the employee’s personal property, he is paid compensation for the use, wear and tear (depreciation) of tools, personal transport, equipment and other technical means and materials belonging to the employee, and expenses associated with their use are also reimbursed. The amount of reimbursement of expenses is determined by agreement of the parties to the employment contract, expressed in writing. Naturally, to recognize payments made to an employee as compensation, it is primarily applicable general concept compensation payments. In addition to the general circumstances included in this legal concept, Art. 188 of the Labor Code of the Russian Federation allows us to identify special legally significant circumstances, the proof of which allows us to demand compensation for the use of personal property of employees in the course of their work activities V.I. Mironov. Labor law of Russia. - M., 2006. P. 401..

Firstly, this circumstance is that the property used by the employee in his work activity belongs to the employee, and not to the employer. This property does not have to be owned by the employee. It is important that the employee uses this property legally in the course of his work.

Secondly, from the content of Art. 188 of the Labor Code of the Russian Federation it follows that the employee must use the property in the interests of the employer, that is, the beneficiary of the use of property during working hours is not the employee, but the employer. The employee performs a labor function in the interests of the employer. Therefore, the use of property to perform duties that are part of the employee’s labor function allows the employer to be recognized as receiving benefits from the use of the employee’s property.

Thirdly, the circumstance to be verified when applying Art. 188 of the Labor Code of the Russian Federation, is the use of property by an employee with the knowledge or consent of the employer. The use of property in the course of work is a right, not an obligation of the employee. In turn, the employer can enter into an agreement with the employee on the use of his property in the course of his work. This agreement is concluded in writing; after its conclusion, the employee has an obligation to use the property in the performance of work duties. Corresponding to this obligation is the employer’s right to require the employee to perform work duties using the property specified in the agreement. In this connection, the employer has an obligation to pay compensation for the use of the employee’s property in the performance of work duties. However, for the obligation to pay appropriate compensation to arise, it is not at all necessary to conclude a written agreement between the authorized representative of the employer and the employee on the use of property in the performance of work duties. It is sufficient to notify the employer's representative about the use of property by the employee when performing a job function and the employer's acceptance of the results of activities using the employee's property V.N. Skobelkin. Labor relations. - M., 1999. P. 16..

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