Guarantees are the means, methods and conditions by which the implementation of the rights granted to employees in the field of social and labor relations is ensured.
Compensations are monetary payments established for the purpose of reimbursing employees for costs associated with the performance of their labor or other duties provided for by this Code and other federal laws.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 165. Cases of providing guarantees and compensation
In addition to the general guarantees and compensations provided for by this Code (guarantees for hiring, transfer to another job, wages, etc.), employees are provided with guarantees and compensation in the following cases:
when sent on business trips;
when moving to work in another area;
when performing state or public duties;
when combining work with training;
in case of forced cessation of work through no fault of the employee;
when providing annual paid leave;
in some cases, termination of an employment contract;
due to a delay due to the employer’s fault in issuing a work book upon dismissal of an employee;
in other cases provided for by this Code and other federal laws.
When guarantees and compensation are provided, the corresponding payments are made at the expense of the employer. Bodies and organizations in whose interests the employee performs state or public duties (jurors, donors, members of election commissions and others) make payments to the employee in the manner and on the terms provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation . In these cases, the employer releases the employee from his main job for the period of performance of state or public duties.
Devyatov I.N.
The editors continue to acquaint managers, accountants, lawyers and personnel officers with the main provisions of the new Labor Code of the Russian Federation. Materials will be given in the form of comments, explanations and examples of practical use, as well as in comparison with the previously existing Labor Code of the Russian Federation.
The system of guarantees and compensations in the new Labor Code of the Russian Federation is devoted to Section VII “Guarantees and compensations”.
At the same time, by guarantees the Labor Code of the Russian Federation understands 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, and by compensation directly monetary payments established for the purpose of reimbursing employees for the costs associated with their performance of labor or other responsibilities provided for by federal law.
The Labor Code of the Russian Federation provides the following guarantees and compensation (Article 165):
* when sent on business trips;
* when moving to work in another area;
* when performing state or public duties;
* when combining work with training;
* in case of forced cessation of work through no fault of the employee;
* when providing annual paid leave;
* in some cases, termination of an employment contract;
* due to a delay due to the employer’s fault in issuing a work book upon dismissal of an employee;
* in other cases provided for by the Labor Code of the Russian Federation and other federal laws.
It should be noted that, unlike the previous Labor Code of the Russian Federation, the new Code links the provision of guarantees and compensation exclusively with the labor relationship between the employee and the employer. Therefore, if guarantees and compensation are to be provided within the framework of the concluded contract, then the corresponding payments are made from the employer’s funds. If an employee performs state or public duties or donates blood for a fee, then the corresponding payments must be made by the authorities in whose interests such actions are performed. In such cases, the employer, for its part, only releases the employee from performing labor duties (Article 165 of the Labor Code of the Russian Federation) without making any payments, even average earnings.
Thus, the previously in force Article 111 of the Labor Code of the Russian Federation, which guaranteed the employee the preservation of average earnings during the performance of state or public duties, has completely lost its practical force with the adoption of the new Labor Code of the Russian Federation, and therefore the average salary from the employer’s funds should not be paid upon the departure of employees during business hours for:
1) exercise of the right to vote;
2) participation of deputies in sessions of Councils of People’s Deputies, and in cases established by law, and when they perform other deputy duties;
3) appearing when summoned to the bodies of inquiry, preliminary investigation, to the prosecutor and to the court as a witness, victim, expert, specialist, translator, attesting witness, as well as participation in court hearings as lay judges, public prosecutors and public defenders, representatives of public organizations and labor collectives;
4) participation in the work of commissions for the assignment of pensions and medical labor expert commissions (VTEK) as members of these commissions appointed by trade union organizations;
5) appearing when summoned to the commission for the assignment of pensions as witnesses to testify about their work experience;
6) participation of members of voluntary fire brigades in eliminating a fire or accident;
7) fulfillment of other state or public duties - in cases provided for by law.
The payment of average earnings must be made by the party that called the employee, and the employer releases the employee from work during the absence (see Article 170 of the Labor Code of the Russian Federation).
Guarantees when sending employees on business trips. When employees are sent on business trips, their place of work (position), as well as their average earnings, are retained in accordance with the established procedure (Article 167 of the Labor Code of the Russian Federation).
In addition, the employer reimburses the following travel expenses (Article 168 of the Labor Code of the Russian Federation): travel expenses; expenses for renting residential premises; additional expenses associated with living outside the place of permanent residence (per diem); other expenses incurred by the employee with the permission or knowledge of the employer.
It is noteworthy that, according to the Labor Code of the Russian Federation, the procedure and amounts for reimbursement of expenses related to business trips are determined by a collective agreement or local regulatory act of the organization, and such amounts of reimbursement cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget.
Reimbursement of expenses when moving to work in another area. When an employee moves, by prior agreement with the employer, to work in another area, the latter is obliged to compensate (Article 169 of the Labor Code of the Russian Federation):
* expenses for moving the employee, members of his family and transporting property (except for cases where the employer provides the employee with appropriate means of transportation);
* expenses for settling into a new place of residence.
As we can see, the list of reimbursable expenses does not include a one-time allowance for the employee himself and for each moving family member, as well as wages for the days of preparation for the journey and placement at a new place of residence, but not more than 6 days, as well as for the time travel, previously provided for in Article 116 of the Labor Code of the Russian Federation and Resolution of the USSR Council of Ministers of July 15, 1981 N 677 “On guarantees and compensation when moving to work in another area.”
However, Article 169 of the Labor Code contains such a comprehensive concept as the costs of settling in a new place of residence, which may well include the costs given in the previous paragraph.љ
Specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract, but cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget (before the issuance of new regulations, in the author’s opinion, the provisions of the USSR Council of Ministers Resolution N dated July 15, 1981 can be used 677).
Guarantees and compensation for employees combining work with training. If the previously in force Labor Code of the Russian Federation in a whole range of guarantees and compensations provided to employees combining work with training was in fact not in effect, then the new Labor Code of the Russian Federation has incorporated all currently valid types, cases and conditions for the provision of guarantees and compensation.
It should be noted that, as before, guarantees and compensation in the general case (unless otherwise provided by the agreement between the employee and the employer) can only be provided to persons studying in state-accredited educational institutions, and only to persons who successfully study.
If all this takes place, then the employer is obliged to provide benefits established by law. In this case, it does not matter whether the employee entered (is admitted) independently or was sent by the employer.
In addition, it should be taken into account that benefits are provided subject to receiving education at the appropriate level for the first time.
An employee who combines work with studying simultaneously in two educational institutions is provided with benefits only in connection with studying in one of these educational institutions at the employee’s choice (Article 177 of the Labor Code of the Russian Federation).
Persons studying in higher educational institutions are provided with the following benefits (Article 173 of the Labor Code of the Russian Federation):
1) additional leave in connection with training while maintaining average earnings for:
* passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the main educational programs of higher professional education in a shortened time in the second year - 50 calendar days);
* preparation and defense of final qualifying work and passing final state exams - four months;
*
* employees admitted to entrance examinations in educational institutions of higher professional education - 15 calendar days;
* employees - students of preparatory departments of educational institutions of higher professional education for passing final exams - 15 calendar days;
* employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - four months, for passing final state exams - one month.
3)љ payment to employees studying via correspondence courses, the cost of travel to the location of the relevant educational institution and back once per academic year;
4) a shortened working week of 7 hours for a period of ten academic months before starting a diploma project (work) or passing state exams, a working week is established at their request, while maintaining 50 percent of the average earnings at the main place of work, but not lower than the minimum wage (by agreement of the parties, a reduction in working hours can be made by providing the employee with one day off from work per week or by reducing the length of the working day during the week).
Persons studying in higher educational institutions are provided with the following benefits (Article 174 of the Labor Code of the Russian Federation):
1) additional leaves with preservation of the average salary for:
*passing intermediate certification in the first and second years, respectively - 30 calendar days, in each of the subsequent courses, respectively - 40 calendar days;
*preparation and defense of final qualifying work and passing final state exams - two months;
*passing the final state exams - one month.
2) leave without pay:
*for employees admitted to entrance examinations at state-accredited educational institutions of secondary vocational education - 10 calendar days;
*employees studying in state-accredited educational institutions of secondary vocational education on a full-time basis, combining study with work, for passing intermediate certification - 10 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - two months, for passing final exams - one month;
3) payment once per academic year to employees studying by correspondence, the cost of travel to the location of the specified educational institution and back in the amount of 50 percent of the cost of travel;
4) a reduction of 7 hours in the working week for employees studying part-time (evening) and correspondence courses for ten academic months before starting a diploma project (work) or passing state exams while maintaining 50 percent of the average earnings at the main place of work, but not lower than the minimum wage (by agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week).
Persons studying in educational institutions of primary vocational education are provided with the following benefits (Article 175 of the Labor Code of the Russian Federation):
1) additional leaves with preservation of the average salary for passing exams for 30 calendar days within one year.
Persons studying in evening (shift) general education institutions are provided with the following benefits (Article 176 of the Labor Code of the Russian Federation):
1) additional leave with preservation of average earnings for passing final exams in grade IX - 9 calendar days, in grade XI (XII) - 22 calendar days;
2) reduced by one working day or by the corresponding number of working hours (if the working day is reduced during the week) during the school year, while maintaining 50 percent of the average wage, but not lower than the minimum wage.
Let us note that the procedure for providing benefits to employees who are students of postgraduate education is still regulated by the Federal Law of the Russian Federation of August 22, 1996 N 125-FZ “On Higher and Postgraduate Professional Education”.
Guarantees and compensation for employees sent for advanced training. When an employee is sent for advanced training while away from work, the employee, in accordance with Article 187 of the Labor Code of the Russian Federation, retains his place of work (position) and the average salary at his main place of work.
Employees sent to improve their skills while away from work in another area are additionally reimbursed for travel expenses.
Compensation for the use of an employee's personal property. When an employee uses personal property with the consent or knowledge of the employer and in his interests, the employee is paid compensation for the use, wear and tear (depreciation) of tools, personal vehicles, equipment and other technical means and materials belonging to the employee, as well as reimbursement of expenses associated with their use. The amount of reimbursement of expenses is determined by agreement of the parties to the employment contract, expressed in writing.
In this case, compensation for the use of personal cars for business trips should be made taking into account the provisions of the letter of the Ministry of Finance of the Russian Federation dated July 21, 1992 N 57 “On the conditions for paying compensation to employees for the use of personal cars for business trips” and the order of the Ministry of Finance of the Russian Federation dated February 4, 2000 N 16n "On changing the maximum compensation rates for the use of personal cars and motorcycles for business trips."
Providing workers with personal protective equipment. As Article 148 of the previously applied Labor Code of the Russian Federation, Article 17 of the Federal Law of the Russian Federation of July 17, 1999 N 181-FZ “On the fundamentals of labor protection in the Russian Federation”, the Labor Code of the Russian Federation (Article 221) provides for the employer’s obligation to provide for persons employed in work with hazardous and (or) hazardous working conditions, as well as in work associated with pollution, certified personal protective equipment, flushing and disinfecting agents in accordance with standards approved in the manner established by the Government of the Russian Federation.
The acquisition, storage, washing, cleaning, repair, disinfection and disposal of personal protective equipment for workers is carried out at the expense of the employer.
The employer is also obliged to ensure the storage, washing, drying, disinfection, degassing, decontamination and repair of special clothing, special footwear and other personal protective equipment issued to employees in accordance with established standards.
Currently, as part of providing workers with personal protective equipment, the requirements of Resolution No. 51 of the Ministry of Labor of the Russian Federation of December 18, 1998, which approved the “Rules for providing workers with special clothing, special footwear and other personal protective equipment,” as well as Standard Industry Standards for the issuance of personal protective equipment, must be used. protection approved by the Russian Ministry of Labor.
Distribution of milk and therapeutic and preventive nutrition. In accordance with Article 222 of the Labor Code of the Russian Federation, in jobs with hazardous working conditions, workers must be given milk or other equivalent food products free of charge according to established standards. In jobs with particularly hazardous working conditions, therapeutic and preventive nutrition should be provided free of charge according to established standards.
The norms and conditions for the free distribution of milk or other equivalent food products, as well as therapeutic and preventive nutrition, are approved in the manner established by the Government of the Russian Federation.
Before establishing such a procedure, organizations must be guided by Resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of December 16, 1987 N 731/P-13, which approved the Procedure for the free distribution of milk or other equivalent food products to workers and employees engaged in work with hazardous working conditions, as well as Resolution of the State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated January 7, 1977 N 4/P-1, which approved the “List of industries, professions and positions in which work gives the right to free medical and preventive nutrition in connection with particularly harmful working conditions”, and also “Rations for therapeutic and preventive nutrition and standards for free distribution of vitamin preparations”, “Rules for free distribution of therapeutic and preventive nutrition” (for more details, see the material published in the first issue of the magazine for 2002).
The Labor Code establishes other guarantees and compensation for workers in connection with the termination of an employment contract (Chapter 27 of the Labor Code of the Russian Federation), for temporary disability (Article 183 of the Labor Code of the Russian Federation), in case of an industrial accident and occupational disease, in the field of medical support, donation, professional training, retraining and advanced training (Chapter IX), labor protection (Section X of the Labor Code of the Russian Federation).
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ST 164 Labor Code of the Russian Federation.
Guarantees- means, methods and conditions by which implementation is ensured
rights granted to employees in the field of social and labor relations.
Compensation- cash payments established to reimburse employees for expenses,
related to the performance of their labor or other duties provided for by this
Code and other federal laws.
Commentary to Art. 164 Labor Code of the Russian Federation
1. The commented article opens Chapter. 23, which is common to the special chapters of the section devoted to guarantees and compensation provided to employees in connection with the performance of their labor duties.
2. Guarantees are provided to ensure that employees exercise their rights in the field of social and labor relations. Guarantees can be organizational and material in nature.
Guarantees of an organizational nature imply release from work in cases established by law, provision of other work, reinstatement at work by decision of the relevant authorities, advantages in the exercise of certain rights, etc.
Guarantees of a material nature are guaranteed additional payments and payments.
Guaranteed additional payments are provided in cases where an employee’s salary is reduced for reasons beyond his control. These include additional payments up to the average earnings or up to the part of it established by law in cases of failure to comply with labor standards (see Article 155 of the Labor Code of the Russian Federation and commentary thereto), in the manufacture of products that turned out to be defective (see Article 156 of the Labor Code of the Russian Federation and commentary to it), during downtime (see Art. 157 of the Labor Code of the Russian Federation and the commentary to it), when developing new industries (see Art. 158 of the Labor Code of the Russian Federation and the commentary to it), when transferring an employee to another permanent lower-paid job (see Art. 182 of the Labor Code of the Russian Federation and commentary thereto).
Guarantee payments are provided in cases of lack of earnings for reasons beyond the control of the employee. These include benefits for temporary disability (see Article 183 of the Labor Code of the Russian Federation and the commentary thereto), payments in case of an accident at work or occupational disease (see Article 184 of the Labor Code of the Russian Federation and the commentary thereto), for the duration of a medical examination (see Art. 185 of the Labor Code of the Russian Federation and commentary thereto), donors (see Art. 186 of the Labor Code of the Russian Federation and commentary thereto), during advanced training (see Art. 187 of the Labor Code of the Russian Federation and commentary thereto).
3. Compensations are provided to reimburse the employee for expenses incurred in connection with the performance of his job duties. Compensation always acts as cash payments, the amount of which is commensurate with the amount of expenses incurred.
Certification of workplaces according to working conditions- assessment of working conditions at workplaces in order to identify harmful and (or) hazardous production factors and implement measures to bring working conditions into compliance with state regulatory requirements for labor protection. Certification of workplaces based on working conditions is carried out in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor (Article 209 of the Labor Code of the Russian Federation).
Basic salary (basic official salary), basic wage rate- minimum salary (official salary), wage rate of an employee of a state or municipal institution carrying out professional activities in the profession of a worker or position of an employee, included in the corresponding professional qualification group, excluding compensation, incentives and social payments.
Safe working conditions- working conditions under which exposure to harmful and (or) hazardous production factors on workers is excluded or their exposure levels do not exceed established standards (Article 209 of the Labor Code of the Russian Federation).
Shift method- a special form of carrying out the labor process outside the place of permanent residence of workers, when their daily return to their place of permanent residence cannot be ensured.
The rotation method is used when the place of work is significantly removed from the place of permanent residence of workers or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activities (Article 297 of the Labor Code of the Russian Federation).
Harmful production factor- a production factor, the impact of which on an employee can lead to illness (Article 209 of the Labor Code of the Russian Federation).
Time relax- time during which the employee is free from performing labor duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).
Guarantees- means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured (Article 164 of the Labor Code of the Russian Federation).
State examination of working conditions- assessment of compliance of the object of examination with state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).
Labor discipline- obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, collective agreements, agreements, local regulations, employment contracts (Article 189 of the Labor Code of the Russian Federation).
Strike- temporary voluntary refusal of employees to perform labor duties (in whole or in part) in order to resolve a collective labor dispute (Article 398 of the Labor Code of the Russian Federation).
Salary (employee remuneration)- remuneration for labor depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in territories exposed to radioactive contamination, and other compensation payments) and incentive payments (additional payments and incentive allowances, bonuses and other incentive payments) (Article 129 of the Labor Code of the Russian Federation).
Individual labor dispute- unresolved disagreements between the employer and the employee on the application of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, employment contracts (including on the establishment or change of individual working conditions), which are stated to the body for consideration of individual labor disputes.
An individual labor dispute is recognized as a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to enter into an employment contract with the employer, if the employer refuses to conclude such an agreement (Article 381 of the Labor Code of the Russian Federation).
Collective agreement- a legal act regulating social and labor relations in an organization or an individual entrepreneur and concluded by employees and the employer represented by their representatives (Article 40 of the Labor Code of the Russian Federation).
Collective labor dispute- unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the employer’s refusal to take into account the opinion of the elected representative body employees when adopting local regulations (Article 398 of the Labor Code of the Russian Federation).
Compensation- cash payments established for the purpose of reimbursing employees for costs associated with the performance of their labor or other duties provided for by this Code and other federal laws (Article 164 of the Labor Code of the Russian Federation).
Lockout- dismissal of workers at the initiative of the employer in connection with their participation in a collective labor dispute or in a strike (Article 415 of the Labor Code of the Russian Federation).
Homeworkers are considered to be persons who have entered into an employment contract to perform work at home using materials and using tools and mechanisms provided by the employer or purchased by the homeworker at his own expense (Article 310 of the Labor Code of the Russian Federation).
Irregular working hours- a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees (Article 101 of the Labor Code of the Russian Federation).
Labor standards- production standards, time standards, number standards and other standards are established in accordance with the achieved level of equipment, technology, organization of production and labor (Article 160 of the Labor Code of the Russian Federation).
Association of employers- a non-profit organization that unites employers on a voluntary basis to represent the interests and protect the rights of their members in relations with trade unions, government bodies and local governments (Article 33 of the Labor Code of the Russian Federation).
Salary (official salary)- a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity per calendar month, excluding compensation, incentives and social payments (Article 129 of the Labor Code of the Russian Federation).
Hazardous production factor- an industrial factor, the impact of which on a worker can lead to injury.
Features of labor regulation- norms that partially limit the application of general rules on the same issues or provide additional rules for certain categories of workers (Article 251 of the Labor Code of the Russian Federation).
Occupational Safety and Health- a system for preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures (Article 209 of the Labor Code of the Russian Federation).
Transfer to another job- permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another area together with the employer ( Article 72.1).
Employee personal data- information necessary for the employer in connection with labor relations and relating to a specific employee.
Processing of an employee’s personal data - receiving, storing, combining, transferring or any other use of an employee’s personal data (Article 85 of the Labor Code of the Russian Federation).
Internal labor regulations- a local regulatory act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other regulatory issues labor relations with this employer (Article 189 of the Labor Code of the Russian Federation).
Conciliation procedures- consideration of a collective labor dispute for the purpose of its resolution by a conciliation commission, with the participation of a mediator and (or) in labor arbitration (Article 398 of the Labor Code of the Russian Federation).
Forced labor- performing work under the threat of any punishment (violent influence), including:
in order to maintain labor discipline;
as a measure of responsibility for participating in a strike;
as a means of mobilizing and utilizing labor for economic development needs;
as a penalty for holding or expressing political views or ideological beliefs contrary to the established political, social or economic system;
as a measure of discrimination based on race, social, national or religious affiliation.
Forced labor also includes work that an employee is forced to perform under the threat of any punishment (violent influence), while in accordance with this Code or other federal laws he has the right to refuse to perform it, including in connection with :
violation of established deadlines for payment of wages or payment not in full;
the emergence of an immediate threat to the life and health of an employee due to violation of labor protection requirements, in particular the failure to provide him with means of collective or individual protection in accordance with established standards (Article 4 of the Labor Code of the Russian Federation).
Production activities- a set of actions of workers using means of labor necessary to transform resources into finished products, including the production and processing of various types of raw materials, construction, and the provision of various types of services (Article 209 of the Labor Code of the Russian Federation).
Occupational risk- the likelihood of harm to health as a result of exposure to harmful and (or) hazardous production factors when an employee performs duties under an employment contract or in other cases established by this Code and other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations (Article 209 of the Labor Code of the Russian Federation).
Worker- an individual who has entered into an employment relationship with an employer.
Persons who have reached the age of sixteen years have the right to enter into labor relations as employees, and in cases and in the manner established by this Code, also persons who have not reached the specified age (Article 20 of the Labor Code of the Russian Federation).
Employer- an individual or legal entity (organization) that has entered into an employment relationship with an employee. In cases provided for by federal laws, another entity entitled to enter into employment contracts may act as an employer. For the purposes of this Code, employers - individuals are recognized as:
Work time- the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time . Normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation).
Night time - time from 22 o'clock to 6 o'clock (Article 96 of the Labor Code of the Russian Federation).
Workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).
Head of the organization- an individual who, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of a legal entity (organization) and local regulatory acts carries out management of this organization, including performing the functions of its sole executive body (Article 273 of the Labor Code of the Russian Federation).
Overtime work- work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code of the Russian Federation).
Seasonal admit work, which, due to climatic and other natural conditions, are carried out during a certain period (season), not exceeding, as a rule, six months (Article 293 of the Labor Code of the Russian Federation).
Certificate of compliance with the organization of work on labor protection- a document certifying the compliance of the employer’s work on labor protection with state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).
Business trip- travel of an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work. Business trips of employees whose permanent work is carried out on the road or has a traveling nature are not recognized as business trips (Article 166 of the Labor Code of the Russian Federation).
Shift work- work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided (Article 103 of the Labor Code of the Russian Federation).
Part-time job- the employee performs other regular paid work under the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code of the Russian Federation).
Agreement- a legal act regulating social and labor relations and establishing general principles for regulating related economic relations, concluded between authorized representatives of workers and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels of social partnership within their competence.
Depending on the scope of regulated social and labor relations, agreements may be concluded: general, interregional, regional, sectoral (intersectoral), territorial and other agreements.
The General Agreement establishes general principles for regulating social and labor relations and related economic relations at the federal level.
The interregional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of two or more constituent entities of the Russian Federation.
The regional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of a constituent entity of the Russian Federation.
An industry (inter-industry) agreement establishes general terms of remuneration, guarantees, compensation and benefits for employees of the industry (industries). A sectoral (intersectoral) agreement can be concluded at the federal, interregional, regional, or territorial levels of social partnership.
The territorial agreement establishes general working conditions, guarantees, compensation and benefits for employees in the territory of the relevant municipality.
Other agreements are agreements that can be concluded by the parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them (Article 45 of the Labor Code of the Russian Federation).
Social partnership in the sphere of labor- a system of relationships between employees (employee representatives), employers (employers’ representatives), state authorities, local governments, aimed at ensuring coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them (Article 23 of the Labor Code of the Russian Federation ).
Personal and collective protective equipment for workers- technical means used to prevent or reduce the impact of harmful and (or) hazardous production factors on workers, as well as to protect against pollution (Article 209 of the Labor Code of the Russian Federation).
Occupational Safety Standards- rules, procedures, criteria and standards aimed at preserving the life and health of workers in the process of work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, treatment and preventive, rehabilitation measures in the field of labor protection (Article 209 of the Labor Code of the Russian Federation) .
Tariff rate- a fixed amount of remuneration for an employee for fulfilling a standard of work of a certain complexity (qualification) per unit of time, without taking into account compensation, incentives and social payments (Article 129 of the Labor Code of the Russian Federation).
Tariff systems of remuneration- remuneration systems based on a tariff system of differentiation of wages for workers of different categories.
The tariff system for differentiating wages for workers of different categories includes: tariff rates, salaries (official salaries), tariff schedule and tariff coefficients.
Tariff schedule - a set of tariff categories of work (professions, positions), determined depending on the complexity of the work and the requirements for the qualifications of workers using tariff coefficients.
Tariff category is a value that reflects the complexity of work and the level of qualifications of the employee.
Qualification category is a value that reflects the level of professional training of an employee.
Tariffication of work - assignment of types of labor to tariff categories or qualification categories depending on the complexity of the work.
The complexity of the work performed is determined based on their pricing.
Tariffication of work and assignment of tariff categories to employees are carried out taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory of positions of managers, specialists and employees. These reference books and the procedure for their use are approved in the manner established by the Government of the Russian Federation.
Tariff systems of remuneration are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law standards. Tariff systems of remuneration are established taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory of positions of managers, specialists and employees, as well as taking into account state guarantees for remuneration (Article 143 of the Labor Code of the Russian Federation).
Occupational safety requirements- state regulatory requirements for labor protection, including labor safety standards, as well as labor protection requirements established by the rules and instructions for labor protection (Article 209 of the Labor Code of the Russian Federation).
Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement , pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).
Labor Relations- relations based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee), the employee’s subordination to internal labor regulations while ensuring the employer of working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, employment contracts (Article 15 of the Labor Code of the Russian Federation).
Occupational Risk Management- a set of interrelated measures, including measures to identify, assess and reduce levels of professional risks. The regulation on the occupational risk management system is approved by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations (Article 209 of the Labor Code of the Russian Federation).
Working conditions- a set of factors in the production environment and the labor process that influence the performance and health of the employee (Article 209 of the Labor Code of the Russian Federation).
Administration- officials performing functions
organization and management of labor and personnel and having power
administrative powers (organization managers,
deputy managers, chief specialists, manager
structural units to which management is delegated
powers).
Chord payment- a type of piecework wages in which the amount of payment is determined not per unit of work, but for its individual stages or for the entire work. Chord wages are established for a team consisting of workers of different specialties, in a chord outfit based on current labor standards and prices. Among the workers of the team, with lump sum wages, wages are distributed in proportion to the time worked by each person in accordance with the assigned rank.
Immoral offense- an offense that is incompatible with the continuation of work related to the performance of educational functions is, in accordance with paragraph 8 of Article 81, grounds for termination of the employment contract. Termination of an employment contract on the specified basis is not a disciplinary measure, the application of which is subject to the deadlines established by law. An immoral offense by an employee performing educational functions is his appearance in a state of intoxication in public places, unlawful behavior in everyday life, involvement of minors in drunkenness, etc.
Certification- checking the employee’s business qualifications in order to determine the level of his training and suitability for the position held or the work performed. Certification is carried out periodically (once every 2-5 years) on the basis of regulatory legal acts regulating the procedure and conditions for certification, adopted either centrally (such as the Regulations on the procedure for certification of persons holding positions of executive managers and specialists of transport enterprises, approved by the Ministry of Transport of the Russian Federation and the Ministry of Labor of the Russian Federation on March 11, 1994), or locally (Regulations on the procedure and timing of certification, approved by the head of the organization).
Unemployment- lack of employment of able-bodied citizens who want to have a job. Unemployed are considered able-bodied citizens who do not have a job or income, are registered with the employment service in order to find suitable work, are looking for work and are ready to start it. Only able-bodied citizens who have reached the age of 16 and who, in accordance with the pension legislation of the Russian Federation, have not been assigned an old-age (age) or long-service pension can be recognized as unemployed. Citizens who are disabled in the 1st group are not considered able-bodied. A citizen working under a labor, civil law, author's contract, in a cooperative on the basis of membership, studying full-time at a vocational educational institution, etc., as well as citizens sentenced by a court decision to correctional labor without imprisonment cannot be recognized as unemployed. , as well as to punishment in the form of imprisonment.
Brigade (collective) financial liability for causing harm- a type of full contractual financial liability for failure to ensure the safety of property and other valuables transferred to a group of employees. Brigade financial liability is introduced in cases where, due to the joint performance by a team of workers of work related to the storage, processing, sale, transportation or use in the production process of the valuables transferred to them, it is impossible to delimit the financial responsibility of each employee and conclude an individual agreement with him on full material liability. responsibility. With such liability, damage caused to the employer is fully compensated, but at the expense of all team members.
Reinstatement- this is the return of an unlawfully dismissed or transferred employee to the previous legal position that existed before the illegal termination or change of the employment relationship. In accordance with Article 394 of the Labor Code of the Russian Federation, in case of dismissal without legal grounds or in violation of the established procedure for dismissal or illegal transfer to another job, the employee must be reinstated by the body considering the labor dispute at his previous job, i.e. in the same organization and structural division, in the same specialty or position, with the same working conditions and amount of pay. From the date of illegal dismissal or transfer in favor of the employee, the organization is charged amounts of money for the entire period of forced absence or the difference in earnings for the entire time of performing lower-paid work. The decision to reinstate an illegally dismissed employee, or to reinstate an illegally transferred employee to another job, is subject to immediate execution, i.e. the day after it is issued and even before it enters into legal force. In case of failure to comply with the decision, the employer may be subject to material, administrative and criminal liability in accordance with the law.
Harmful and difficult working conditions- characterized by the presence of harmful production factors that exceed hygienic standards and have an adverse effect on the body of the worker or his offspring. TO harmful industrial factors include:
physical (temperature, humidity and air mobility, non-ionizing electromagnetic radiation, static, electric and magnetic fields, ultrasound, vibration);
chemical (antibiotics, vitamins, hormones, enzymes);
biological (pathogenic microorganisms, protein preparations);
factors of the labor process that characterize labor intensity (intellectual, sensory and emotional stress, work schedule).
The presence of factors in the labor process that characterize the severity of physical labor in an amount exceeding permissible physical loads allows us to talk about hard physical labor, which can cause persistent functional disorders, which in most cases lead to an increase in morbidity and the appearance of initial signs of occupational pathology. Working conditions characterized by such levels of production factors, the impact of which during a work shift creates a threat to life, a high risk of severe forms of occupational injuries are considered dangerous.
Temporary disability- the inability of an employee to perform work duties due to illness (injury), as well as in cases where the employee remains able to work, but is released from work for certain reasons of a social or preventive nature (if it is necessary to care for a sick family member, quarantine). A document certifying temporary incapacity for work and confirming temporary release from work is a certificate of incapacity for work. Earnings lost during the period of temporary release from work are compensated by payment of an appropriate benefit from the Social Insurance Fund.
Temporary workers- employees hired for a period of up to 2 months. When hiring as temporary workers, a test to check the employee’s suitability for the work assigned to him is not established.
Time relax- the time during which the employee is free to perform work duties and which he can use at his own discretion. The law establishes the following types of rest time: a) breaks during the working day (shift); b) daily rest (break between shifts); c) weekly rest (weekends); d) annual non-working holidays; d) annual leave.
Forced absenteeism- the time during which an employee, due to unlawful and guilty actions of the employer, cannot perform a labor function
Severance pay- a lump sum of money that is paid to the employee in cases established by law upon termination of the employment contract.
Payment of severance pay in the amount of average monthly earnings is provided in the following cases:
1) upon termination of an employment contract due to the liquidation of the organization (Clause 81 of the Labor Code of the Russian Federation) or a reduction in the number or staff of the organization’s employees (Clause 2 of Article 81 of the Labor Code of the Russian Federation);
2) when an employment contract is terminated due to a violation of the rules for its conclusion established by the Labor Code or other federal law, if this violation deprives the employee of the opportunity to continue working and was not due to his fault (Part 3 of Article 84 of the Labor Code of the Russian Federation).
Severance pay in the amount of two weeks' average earnings is paid to employees upon termination of an employment contract due to:
1) the employee’s inadequacy for the position held or the work performed due to a health condition that prevents the continuation of this work (subclause a, clause 3, article 81 of the Labor Code of the Russian Federation);
2) calling up an employee for military service or sending him to an alternative civil service replacing it (clause 1 of Article 83 of the Labor Code of the Russian Federation);
3) reinstatement of the employee who previously performed this work (clause 2 of Article 83 of the Labor Code of the Russian Federation);
4) 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).
Weekends (weekly uninterrupted rest)- days
rest established by the internal labor regulations
or shift schedules. In accordance with Article 110 of the Labor Code of the Russian Federation, workers
have the right to two days off per week with 5 days and one
day off - with a 6-day work week. Weekly
uninterrupted rest is provided to all employees
lasting at least 42 hours. The general day off for both 5-day and 6-day working weeks is Sunday. The second day off in a 5-day working week is determined by a collective agreement or internal labor regulations. As a rule, both days off must be consecutive. Days off on different days of the week are provided in cases where, for technological or production reasons, it is impossible to provide employees with a general day off (this applies to employees of continuously operating enterprises).
If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday. By decision of the Government of the Russian Federation, a day off may be moved to another day of the week in order to add it to holidays. In this case, the duration of work on this
The day must correspond to the length of the working day to which the day off is transferred.
If an employee, by order of the employer, is required to work on his day off, he may be given another day of rest, while work on the day off is paid in a single amount, and the other day of rest is not subject to payment.
Guarantees - means, methods and conditions by which the implementation of the rights granted to employees in the field of social and labor relations is ensured. The guarantees established by law ensure the implementation of the rights granted to employees and can be both intangible (providing another job, maintaining a job) and material in nature (preserving average earnings for the period of study leave, business trip).
State social insurance- this is a system
social protection of workers, based on insurance contributions,
guaranteeing cash income in old age, in the event
illness, disability. Thus, this is an organizational, legal and
financial mechanism through which
redistribution of public income in favor of disabled members of society. The state social insurance system consists of three independent insurance systems: pension insurance, health insurance, social insurance, each of which provides protection against a certain type of social risk.
State labor protection inspector- this is an official of the state labor inspectorate who supervises and controls compliance with labor protection legislation.
State legal labor inspector- an official of the state labor inspection, exercising supervision and control over compliance with labor legislation. A person with a higher legal education and practical work experience of at least 3 years is appointed to the position of state legal labor inspector.
State employee- a citizen of the Russian Federation who, in accordance with the procedure established by federal law, performs duties in a public position classified as a civil service, a monetary remuneration paid from the federal budget or the budget of the corresponding constituent entity of the Russian Federation.
Vacation schedule- a local regulatory act fixing the order of granting annual leave, which is established by the administration taking into account the opinion of the elected trade union body. The vacation schedule is drawn up and approved by the employer no later than two weeks before the start of the calendar year. When drawing up a schedule, the following rule must be observed - vacation should not begin earlier than the working year for which it is granted. The employer is obliged to notify each employee of the start time of his vacation no later than two weeks in advance.
Shift schedule- work schedule, in which
the start and end times of work are set,
duration, order of transition of workers from one shift to another, etc. The length of working time during a shift is determined depending on the established standard of working time and the type of working week. When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees. Shift schedules are brought to the attention of employees no later than one month before they come into force.
Cash compensation for vacation- a sum of money paid to employees in return for unused vacation. Upon termination of an employment contract, regardless of the reason for dismissal, the employee must receive compensation for all vacations unused by the day of dismissal. If an employee is dismissed before the end of the working year for which he has already received vacation, deductions are made from wages for unworked vacation days. Withholding is not allowed if the employee quits due to:
1) liquidation of the organization (clause 1 of Article 81 of the Labor Code of the Russian Federation);
2) reduction in the number or staff of employees (clause 2 of Article 81 of the Labor Code of the Russian Federation);
3) inadequacy of the position held or the work performed due to health status (clause a, clause 3, Article 81 of the Labor Code of the Russian Federation);
4) change of owner of the organization’s property - in relation to the head of the organization, his deputies, the chief accountant (clause 4 of Article 81 of the Labor Code of the Russian Federation);
5) with conscription or enlistment in military service (clause 1 of Article 83 of the Labor Code of the Russian Federation);
6) with the reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate or court (clause 2 of Article 83 of the Labor Code of the Russian Federation);
7) with recognition of the employee as completely disabled in
in accordance with the medical report (clause 5 of Article 83 of the Labor Code of the Russian Federation);
8) with the death of an employee or employer - an individual, as well as recognition by the court of an employee or employer - an individual as deceased or missing (clause 6 of Article 83 of the Labor Code of the Russian Federation);
9) with the onset of emergency circumstances that prevent the continuation of labor relations (clause 7 of article 81 of the Labor Code of the Russian Federation).
The unused part of a working employee's vacation exceeding 28 calendar days, upon the written application of the employee, may be replaced by monetary compensation.
Disciplinary offense - This is an unlawful culpable failure or improper performance by an employee of his labor duties, as well as a violation of internal regulations.
Disciplinary responsibility- application of a disciplinary sanction to an employee for a disciplinary offense committed by him. Disciplinary liability is the obligation of the employee to suffer adverse consequences in connection with the application of disciplinary action to him. There are general and special disciplinary liability. All employees can be brought under general disciplinary liability. General disciplinary liability involves the application of disciplinary action to the violator of labor discipline, as provided for in Article 192 of the Labor Code of the Russian Federation and in the internal labor regulations. Such penalties are: reprimand, reprimand, dismissal on appropriate grounds.
Special disciplinary liability is introduced by charters and regulations on discipline and separate regulations for specific categories of employees. The disciplinary sanctions provided for therein differ from general sanctions in content and procedure of application. Special disciplinary sanctions are applied not only for disciplinary offenses, but also for offenses that are incompatible with the dignity of those who committed them (judge, prosecutor, investigator).
Differentiation of labor law- differences in legal norms due to the place, working conditions, legal status of the organization with which the employee has an employment relationship, the employee’s gender and age characteristics and other factors. The differentiation of labor law is manifested in legislation, where there are norms with a general scope and norms, the effect of which is limited to a certain circle of persons or certain types of relationships.
Collective agreement- a legal act regulating social and labor relations and concluded by employees of an organization with the employer. The content and structure of the collective agreement is determined by the employees and the employer independently. It may include mutual obligations of the parties on issues of remuneration, wage indexation, employment, working hours and rest periods, improving working conditions and labor protection for workers, voluntary and compulsory medical and social insurance.
Official salary- the monthly amount of time-based wages, established, as a rule, for managers, specialists and employees.
Additional payments and allowances to tariff rates and salaries-
an integral element of the workers' compensation system. The basis of the remuneration system for workers is tariff rates and official salaries, with the help of which differences in remuneration for complex and simple labor, more qualified and less qualified are established. The purpose of bonuses and additional payments is to stimulate workers to achieve higher quality indicators in their work. The most common additional payments and allowances are: for professional skill, for high qualifications, for long continuous work experience, for class, for combining professions (positions), for leading a team, for increasing the volume of work performed, for high qualifications, for knowledge of foreign languages.
Additional holidays- paid holidays,
provided to employees under certain circumstances in addition to and in addition to the main leave. The basis of the right to additional leave is: work in a certain specialty, profession, position, in certain working conditions, overtime, increased workload, work in difficult and unfavorable climatic conditions.
Annual paid vacation- a certain number
days off from work (except weekends and holidays)
non-working days) provided to the employee annually for
continuous rest and restoration of working capacity while maintaining the place of work (position) and salary.
Strike- temporary voluntary refusal of employees to perform labor duties (in whole or in part) in order to resolve a collective labor dispute
Substitution is temporary- performance of official duties in the position of a temporarily absent employee, when this is caused by production needs or is related to administrative functions. This is allowed in cases where the employee being replaced does not have a full-time deputy and when the employee’s absence is caused by illness, being on vacation, on a business trip and other reasons.
Employment- this is the activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them labor income.
Prohibition of discrimination in employment- one of the main principles of labor legislation, aimed at ensuring equality of all citizens in the exercise of their labor rights and obligations.
Wage- remuneration received by an employee for hired labor. Receiving payment for one's work is the basic right of an employee, to whom the employer's main obligation corresponds - payment of wages.
Indexation of wages- a mechanism established at the state level to increase the cash income of workers in order to maintain their purchasing power in the face of rising consumer prices. For indexation, the consumer price index for food and non-food products, as well as for paid services is used - a generalized indicator of their increase over a certain period.
Individual labor disputes- these are unresolved disagreements between the employer and the employee on the application of laws and other regulatory legal acts on labor, a collective agreement, agreement, as well as the terms of the employment contract, which have been reported to the relevant jurisdictional body.
Occupational safety briefing- training in safe methods and techniques of work for newly hired persons, as well as workers transferred to another job or starting to use technical means that are new to them. For workers entering production with harmful or dangerous working conditions, where professional selection is required, preliminary training is organized in
labor protection with passing exams and subsequent periodic certification.
Calculation of average earnings- determination procedure
wages paid to the employee in cases
provided for by law, as well as taken into account for
severance pay and other payments.
Job quotas- the minimum number of jobs for those in particular need of social protection and those experiencing difficulties in finding work for citizens (as a percentage of the average number of employees of the organization), whom the employer is obliged to employ in this organization. The quota also includes jobs in which citizens of the specified category are already employed. If it is impossible to create or allocate jobs for citizens against the established quota, employers are required to rent jobs for this purpose or make appropriate contributions to the local budget to pay the cost of quota jobs in other organizations.
Collective labor disputes- these are unresolved disagreements between employees and employers regarding the establishment and change of working conditions, the conclusion, amendment and implementation of collective agreements, agreements on issues of social and labor relations.
Acts on fundamental human rights and freedoms in the field of labor;
Employment Security and Unemployment Protection Acts;
Acts regulating working conditions;
Acts on safety and industrial sanitation;
Acts on cooperation between organizations of workers, employers, and the state on the peaceful resolution of labor conflicts.
Contest- a special procedure for selecting personnel for certain positions in accordance with the decision of the collegial body (academic council, competition commission, etc.).
Certificate of incapacity for work- a document certifying the temporary disability of citizens and confirming temporary release from work. It is the basis for providing temporary disability benefits.
Lockout- dismissal of workers at the initiative of the employer in connection with a collective labor dispute and a strike, as well as liquidation or reorganization of an organization, branch, or representative office.
Mass Release- dismissal of workers associated with rationalization of production, improvement of labor organization, liquidation, repurposing of an organization or its structural divisions, complete or partial suspension of production at the initiative of the employer. The main criteria for mass layoffs are the indicators of the number of dismissed workers for a certain calendar period.
Material liability of the parties to the employment contract-
this is the obligation of one of the parties to the employment contract to compensate the other party to the employment contract for damages arising as a result of a guilty unlawful act in the amount and manner determined by labor legislation
Migration- a set of territorial movements of the population that are different in nature, accompanied by changes in place of residence. Labor migration, or labor migration, is the movement of the working-age population for the purpose of employment.
Minimum wage- the lowest level of monthly wage established by federal law, which must be paid to each employee who has fully worked the standard time established for this period and has fulfilled his or her labor standard. In accordance with Article 133 of the Labor Code of the Russian Federation, the minimum wage should not be less than the subsistence level.
Accident at work- an event as a result of which the insured received injury or other damage to health during the performance of his duties under an employment agreement (contract) and in other cases established by law, both on the territory of the insured and outside it, or while traveling to or returning from work work on transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of professional ability to work, or his death.
Homeworkers- persons who have entered into an employment contract with an organization to perform work at home with personal labor from the organization’s materials and the use of tools and means of labor allocated by the organization or purchased by a homeworker at the expense of this organization. By agreement of the parties, the homeworker may also be reimbursed for other expenses associated with the organization of work at home (electricity, water, etc.)
Irregular working hours- special operating mode
time of individual workers, due to the specifics and
the nature of their work, in which it is allowed, if necessary, to
some days work in excess of that established for the employee
duration of working hours. Irregular working hours can be introduced for administrative, managerial, technical or business personnel; for workers whose work cannot be counted in time and some others
Inconsistency with the position held or the work performed- this is the objective inability of an employee, due to insufficient qualifications or for health reasons, to systematically properly perform labor duties stipulated by the employment contract.
Standards for lifting and moving heavy objects manually-
the maximum permissible physical loads per person set forth in regulations, expressed in the mass of a load moved manually or in units of external mechanical work per shift (in kg/m). Such standards are established for women, minor workers and certain categories of male workers.
Time off- rest provided to employees as compensation for work or duty during non-working hours. An employee does not have the right to use time off without permission, because this is a violation of labor discipline. The time for using time off must be indicated in the order (instruction) of the administration on involvement in work or duty during non-working hours or determined by agreement of the parties.
Review from vacation- early (with the employee’s consent) return to work before the end of the vacation period at the request of the administration. Recall from vacation is formalized by an order (instruction) of the administration, which, before the parties agree, indicates the period when the employee will be given the unused part of the vacation. Since the law does not provide for the right of the administration to withdraw him from work ahead of schedule without the consent of the employee
vacation, an employee’s refusal, regardless of the reason, to comply with the administration’s order to go to work before the end of the next vacation cannot be considered a violation of labor discipline.
Leave without pay- unpaid leave provided to employees for valid reasons. During unpaid leave, the employee retains his place of work (position). This means that during the period of this leave the employee cannot be dismissed at the initiative of the administration (except in cases of complete liquidation of the organization) or transferred to another job.
Maternity leave- this is a period of time, calculated in calendar days, for which a working woman is relieved from performing work duties to improve health and prepare for childbirth, restore working capacity and provide maternal care for a newborn child after childbirth, with payment of benefits for this period. The duration of this leave is a total of 140 calendar days before and after childbirth.
Holiday to care for the child- the period of time for which, as a rule, a woman with a child, at her request, is exempted from performing labor duties to care for him until the child reaches the age of 3 years. This leave can be used in full or in parts. The child's father, grandmother, grandfather or other relatives who are actually caring for the child can also use this leave. These holidays are provided upon the request of employees and are formalized by order of the employer.
Transfer to another job- assignment of work that does not correspond to that which was stipulated by the employment contract, as well as changes in essential working conditions, if these changes are not related to changes in the organization of production and labor
Time-based wage system- one of the remuneration systems when work is paid according to the time worked. Mainly used to pay managers, specialists and office workers.
Full financial responsibility- one of the types of financial liability, providing for compensation by the employee for damage caused to the organization in full without limitation to a predetermined limit
Temporary disability benefit- cash payment from the Social Insurance Fund, compensating the employee’s lost earnings during temporary release from work due to illness and for other reasons provided for by law
Prize- a sum of money paid to an employee as a reward for achievements in work. There are two types of awards:
1) bonuses paid in addition to the basic salary to a certain circle of employees on the basis of indicators and conditions pre-established in the regulations on bonuses;
2) bonuses issued on the basis of a general assessment of an employee’s work outside of remuneration systems
Conciliation procedures- a method of resolving a collective labor dispute by reaching an agreed solution
Simple- temporary suspension of work for reasons of a production or organizational and technical nature. Downtime at the employer's discretion is paid in the amount of at least 2/3 of the employee's average earnings.
Occupational Illness- a disease caused by professional activity and provided for by the List of Occupational Diseases, approved. by order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 No. 90.
Working hours- distribution of work time within a day or other calendar period. The start and end times of daily work (shift), breaks for rest and food, the duration of the working day are determined by internal labor regulations or shift schedules
Sanitary rules- regulations establishing
hygienic and anti-epidemic requirements to ensure
sanitary and epidemiological welfare of the population,
prevention of human diseases, favorable conditions for his life, work and rest
Overtime- work beyond the established working hours, i.e. working time exceeding the normal working day or the duration of the scheduled shift. Working beyond the established working hours is
overtime, if it is carried out by order or with the knowledge of the administration.
Piece wages- one of the remuneration systems when work is paid according to its results. It is mainly used to pay workers. With piecework wages, the results of the work of one worker or an entire team (team) can be identified and taken into account.
Official or commercial secret- information that has actual or potential commercial value due to its unknownness to third parties, if there is no free access to it on a legal basis and the owner of the information takes measures to protect its confidentiality
Part-time job- in addition to the main job, the employee performs other regular paid work under the terms of an employment contract in his free time from his main job.
Combination of professions (positions)- the employee performs, along with the main work stipulated by the employment contract, work in another profession, specialty or position. The combination is carried out within the normal working hours, always in the same organization.
Tariff system- a set of standards that ensure differentiation of wages depending on its qualifications, complexity, intensity, conditions, nature. The tariff system includes the following main elements: tariff and qualification reference books, tariff rates, salaries, tariff schedule, tariff and regional coefficients.
Employment history- the main document about the employee’s work activity. A work book is kept for each employee working in the organization for more than 5 days.
Employment- a set of organizational, economic, and legal measures that ensure employment of citizens.
Salary deductions- statutory grounds under which part of the employee’s wages is withheld. There are deductions from wages by order of the administration and deductions according to executive documents, to the budget and extra-budgetary funds, as well as on the basis of court decisions
Time tracking- identifying and recording visits to work, actual working time worked by each employee. Recording working hours is a necessary means of monitoring employees’ compliance with the established standard working hours. Accounting can be daily, weekly and cumulative.
Salary fund- the totality of amounts paid by an organization to employees as remuneration for work or in connection with work (Instructions on the composition of the wage fund and social payments, approved by the State Statistics Committee of the Russian Federation dated July 10, 1995 No. 89).
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.
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” presupposes proof of 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 of the employee’s incurred or future expenses with the performance of specific job duties or other duties provided for by federal law, for example, for the transportation of a witness to the place of trial, must be proven.
Proof of these circumstances allows the employee to demand compensation for the costs incurred by him.
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 wages. 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.
In this connection, the conclusion suggests itself that these payments also 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 to the extent that exceeds the parameters established by law conflicts with the concept of compensation payments under consideration. 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 the payment made to an employee is compensation, 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 arise, law enforcers are required to be guided by the considered concept of compensation payments.
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