Management of Employers and Employees in Russia

(1) Sign, modify and terminate the labor contract according to the procedures and conditions determined by the Labor Law of the Russian Federation (hereinafter referred to as the Labor Law) and other labor laws and regulations;

(2) Work according to the labor contract;

(3) Obtain a workplace that conforms to the national norms and the provisions of the collective contract;

(4) Obtaining remuneration for labor;

(5) Enjoy weekly rest days, holidays and paid annual leave;

(six) fully understand the working conditions and labor protection requirements in the workplace;

(7) Receiving vocational training, retraining and professional training according to the Labor Law and other laws and regulations;

(8) In order to safeguard their labor rights, freedoms and legitimate interests, they can form and join trade unions;

(9) Participate in unit management according to the Labor Law and other laws and regulations. Conduct collective bargaining and sign collective contracts through their own representatives to obtain information on the implementation of collective contracts;

(10) Defend their labor rights, freedoms and legitimate interests by all means not prohibited by law;

(1 1) Solve individual and collective labor disputes, including the right to strike, according to the Labor Law and other laws and regulations;

(12) Obtain compensation for damages and mental damages caused to workers due to the performance of labor obligations according to the procedures of the Labor Law and other laws and regulations;

(13) Obtain labor and social insurance.

182. Employees' obligations

(1) faithfully perform the labor obligations stipulated in the labor contract;

(2) Abide by internal labor rules and regulations and labor discipline;

(3) Complete the stipulated labor quota;

(4) Comply with labor protection and labor safety requirements;

(five) take care of the property of employers and other workers;

(6) Inform the employing unit or the person directly responsible of the situation that threatens people's life and health and the property of the employing unit in time.

Basic rights of employers

(1) Sign, modify and terminate labor contracts with employees according to the procedures and conditions of the Labor Law and other laws and regulations;

(2) Collective negotiation and signing of collective contracts;

(3) Reward employees with good performance;

(four) require employees to perform labor tasks, take care of the property of the employer and other employees, and abide by the internal labor management system;

(5) Investigate employees' discipline and liability for compensation according to the Labor Law and other laws and regulations;

(six) to formulate normative documents of the unit;

(7) Organize and join employers' federations to represent and protect their own interests.

184. obligations of employers

(1) Abide by laws and other normative documents, collective contracts, agreements and labor contracts;

(2) Arrange employees' work according to the labor contract;

(3) Ensure labor safety and labor protection conditions;

(4) Ensure that employees are provided with equipment, tools, technical documents and other resources needed to complete labor tasks;

(5) Ensure that employees receive equal pay for equal work;

(6) Pay employees' wages in full within a time limit according to the Labor Law, collective treaties, internal labor regulations and labor contracts;

(7) Conduct collective bargaining and sign collective contracts according to the procedures stipulated in the Labor Law;

(eight) to provide complete and accurate information on the signing of collective bargaining agreements to the employee representatives;

(9) Make employees understand local laws and regulations directly related to their employment;

(10) Timely implement the instructions of the state regulatory authorities and timely pay the fines imposed for violating laws and other labor regulations;

(1 1) Review the reports submitted by relevant trade union organizations and employee representatives that violate laws and other labor regulations, take measures to overcome the above-mentioned violations, and notify the above-mentioned organizations and representatives;

(12) Conditions for ensuring employees' participation in unit management;

(13) Guarantee the daily needs of employees related to the performance of labor obligations;

(14) handle social insurance for employees according to law;

(15) compensate employees for the damage and mental damage caused by the performance of labor obligations in accordance with the procedures and regulations stipulated in the Labor Law and labor laws and regulations;

(16) Perform other obligations stipulated in the Labor Law and other labor laws and regulations, collective contracts, agreements and labor contracts.

185. Working hours of employees

The standard working hours of employees shall not exceed 40 hours per week. Employers must count the actual working hours of each employee.

The maximum working hours per day (on duty) are: ① 36 hours per week, no more than 8 hours; ② If the working time is 30 hours per week, it shall not exceed 6 hours.

The working day or shift time is reduced one day before the festival 1 hour.

If the working week is 6 days, the working hours before holidays shall not exceed 5 hours.

Five working days. Day five is practiced in Russia, with two days off every week. However, according to the characteristics of work, a six-day work system can also be implemented, with one day off.

The break and meal time shall not exceed 2 hours, but shall not be less than 30 minutes, which is not included in working hours.

Working conditions are not allowed to arrange rest and meals, and the employer shall ensure that workers can arrange rest and meals during working hours. At the time of employment and after employment, employers and employees can stipulate incomplete daily working hours or weekly working hours through agreement. At the request of pregnant women, parents with children under the age of 65,438+04 (disabled children under the age of 65,438+08) or employees with hospital certificates who need to take care of patients at home, employers should provide them with incomplete working days or weeks. Employees who work with incomplete working hours shall be paid according to the working hours or the amount of work completed. For employees who implement the incomplete working hours system, their paid vacation time, calculate length and other labor rights and interests will not be affected.

186. Staff rest time

All employees have the right to rest.

Employees who work five days a week have two days off a week; Employees who work six days a week have a weekly rest 1 day; Sunday and * * * are the same rest day; Two days off is usually arranged in succession.

Holidays. Holidays:

(1) 65438+1October1,2, 3, 4, 5-Chinese New Year;

(2) 65438+1October 7-Christmas;

(3) February 23rd-Defend the Motherland Day;

(4) March 8-International Women's Day;

(5) May 1- Spring and Labor Day;

(6) May 9-Victory Day;

(7) June 12-Russian National Day;

(8)165438+1October 4th-National Unity Day;

All employees are entitled to paid annual leave.

The basic annual leave time of employees is not less than 28 days.

187. Collective bargaining and collective contracts

Workers have the right to participate in the arrangement of working environment through trade unions. Trade unions protect workers' interests in collective bargaining, signing collective contracts and resolving labor disputes. The trade union is of great significance in Russia, which is to safeguard the rights and interests of workers, and its function is to safeguard the employment rights of workers first.

Trade unions have the right to supervise the compliance of employers and their representatives with other normative legal documents stipulated in the Labor Law and the performance of collective contracts and agreements.

A collective contract can be signed by a unit as a whole, or by its branches, offices and other independent branches. Collective contracts include general collective contracts and special collective contracts.

The contents of a collective contract include:

(1) The form, system and amount of wages, and the payment of allowances and remuneration;

(2) the system of adjusting wages according to factors such as rising prices and inflation;

(three) the implementation mechanism of wage indicators stipulated in the collective contract;

(4) Conditions for employment, further study and dismissal; Working hours and rest time, including the provisions and duration of holidays;

(5) improving the working conditions of employees;

(6) Protecting the rights and interests of employees when state and municipal property is privatized;

(7) Ecological safety and employee health protection in production;

(eight) to protect the interests of on-the-job learning employees;

(9) Ensure the rest and rest of employees and their families;

(10) Pay part or all of the food subsidies to employees;

(1 1) Supervise the performance of the collective contract, the procedures for changing and supplementing the collective contract, the responsibilities of both parties, ensure the normal activities of employee representatives, and understand the implementation of the collective contract by employees;

(12) Strikes are prohibited under the condition of fulfilling the corresponding clauses of the collective contract;

(13) Other matters agreed by both parties;

(14) According to the financial resources and economic situation of the employing unit, the preferential treatment and priority rights of employees can be stipulated in the collective contract.

The term of signing a collective contract shall not exceed 3 years, and shall come into effect as of the date stipulated in the collective contract signed by both parties. Both parties have the right to extend the validity of the collective contract, but the longest period shall not exceed 3 years.

188. labor contract

On the basis of collective negotiation and collective contract, both employers and employees should sign labor contracts.

Labor contracts must be concluded in written form, and oral labor contracts are not recognized in principle.

The labor contract is in duplicate. After both parties sign, one copy will be given to the employee and the other will be kept by the employer.

When signing a labor contract, the job seeker shall submit the identity card or other documents to prove his identity, labor manual, national retirement pension insurance certificate, service registration certificate, academic certificate, professional certificate, professional title, etc. to the employer.

Article 57 of the Labor Law stipulates the items that must be recorded in the labor contract:

Workplace, labor responsibility, work start date, remuneration, working hours and rest time, compensation for heavy manual labor and harmful and/or dangerous labor, provisions on determining the appropriate nature of work, provisions on compulsory social insurance and other provisions.

Any clauses in the labor contract include: workplace description, probation period, and non-disclosure of secrets protected by law; After on-the-job training, employees are obliged to complete the work stipulated in the contract; Types and conditions of providing additional insurance for employees; Improve the social living conditions of employees and their family members; Clarify the rights and obligations of employees.

Labor contracts are divided into: non-fixed-term labor contracts and fixed-term labor contracts (labor contracts do not exceed 5 years). Only people who have reached the age of 16 can sign labor contracts; Only those who have reached the age of 15 can sign a labor contract when they receive general basic education or drop out of school according to law. With the consent of one parent and the guardianship agency, a labor contract can be signed with students aged 14.

189. conclusion and dissolution of labor contracts

The employer and the employee shall fully perform their respective obligations in accordance with the labor contract. Both parties can change the contents of the labor contract through consultation.

Only with the employee's written consent can the employee be transferred to another job, which includes changing the workplace or work unit, or even working for another employer for a long time. In this case, the labor contract of the original post is terminated. It is forbidden to transfer employees to jobs that do not meet their health conditions.

According to the written agreement signed by both parties, employees can change jobs within the company for a period of no more than 1 year. If the labor contract signed by both parties cannot remain unchanged due to changes in labor organization or technical conditions, the employer is allowed to propose changes to the terms of the contract, and the employer must notify the employee two months in advance. If the employee does not agree to work under the new conditions, the employer must recommend other jobs for the employee. If the employee refuses to recommend the job, the labor contract signed by both parties shall be terminated.

After the conclusion of a labor contract, if the contract is not fulfilled or not fully fulfilled, one party may terminate the labor relationship in advance. When the employee is in a state of drunkenness, anesthesia or other poisoning at work; Failing to participate in the study and examination of labor protection knowledge as required; Failing to implement compulsory medical examination as required; The conclusion of medical appraisal shows that employees have contraindications that are not suitable for work; According to the requirements of the relevant authorities and public officials, the employer may terminate the labor contract under the above circumstances.

Both parties to the labor contract can terminate the labor contract in advance through consultation. If the employer proposes to terminate the labor contract, it must pay material compensation. If the employee proposes, the employer does not need to pay economic compensation.

After the conclusion of a labor contract, the labor relationship is terminated due to legal circumstances or agreements. Reasons for termination of labor contract:

(1) Both parties agree;

(2) The contract expires;

(3) The employee proposes to terminate the labor contract;

(4) The employer proposes to terminate the labor contract;

(five) the employee requests or agrees to work in other units or choose other positions;

(6) The laborer refuses to continue working due to the change of the property owner and the competent unit and the reorganization of the unit;

(7) The employee refuses to change his job due to changes in the conditions of the labor contract;

(8) Employees refuse to change jobs due to medical appraisal;

(9) The employee refuses to change the workplace with the unit;

(10) does not depend on the wishes of both parties;

(1 1) Unable to continue working due to violation of the Labor Law and other labor laws and regulations and the labor contract.

The labor contract may be terminated at any time with the consent of both parties. The validity of a fixed-term labor contract terminates with the expiration of the contract term. Through consultation between both parties, the labor contract can be dissolved before the expiration of the notice of resignation under the following circumstances: when the employee resigns because he can't continue to work (going to college, retiring, etc.); If the employer violates the labor law or other labor regulations, collective contracts, agreements and labor contracts, the employer must terminate the labor contract within the time limit proposed by the employee. Employees have the right to withdraw their resignation application before the resignation notice expires. After the resignation notice expires, employees have the right to terminate their work. On the last day of the employee's work, the employer must hand over the labor manual and other documents to the employee for final settlement.

Under the following circumstances, the employer may propose to terminate the labor contract:

(1) dissolution of the unit or termination of business activities by individual operators;

(2) Layoffs or downsizing of units and individual industrial and commercial households.

(3) The appraisal conclusion proves that the employee lacks professional skills and is not competent for the job;

(4) the replacement of the property owner of the unit (including the replacement of the person in charge, deputy director and chief accountant of the unit);

(5) The employee fails to complete the labor task for many times without sufficient reasons;

(6) The employee seriously violates labor obligations once (absenteeism, drunkenness, anesthesia or drug abuse, revealing secrets, stealing, possessing, losing and damaging other people's property in the workplace, violating labor protection requirements and causing serious consequences);

(7) The employee who is directly in charge of money and property has the wrong behavior, so that the employer loses trust in him;

(8) Employees engaged in training have unethical behaviors and are not suitable for continuing to engage in the work;

(9) The director, deputy director and chief accountant of the unit make unfounded decisions, resulting in property losses of the unit, improper use of property and property losses of other units;

(10) The leader and deputy leader of the unit seriously violated the labor responsibility once;

(1 1) The employee provided forged documents to the employer when signing the labor contract;

(12) The circumstances agreed in the labor contract;

(13) Other circumstances;

According to the above-mentioned clauses (2) and (3), if the employee's consent cannot be obtained, the employee can be dismissed.

When employees are temporarily incapacitated or on vacation, employers cannot dismiss them.

190. probation period

When employing workers, the employing unit shall inform the workers of their work content, workplace, working conditions, labor remuneration and occupational hazards. In addition, in order to examine the moral character, ability and physical condition of employees, both parties can agree on the probation period through agreement. The labor contract shall specify the conditions of probation. If the conditions for probation are not specified in the labor contract, it shall be deemed that there is no probation period. The probation period shall not exceed 3 months, and the probation period of the person in charge of the unit and his deputy, the chief accountant and his deputy, and the person in charge of the branch, representative office or other independent branch of the unit shall not exceed 6 months, unless otherwise stipulated by federal laws.

If the probation period has not expired, the employer has the right to terminate the labor contract with the employee before the end of the probation period, but it shall notify the employee 3 days in advance. Employees have the right to appeal against the employer's decision through judicial procedures. If the labor contract is terminated before the probation period expires, it is not necessary to obtain the consent of the trade union and pay the severance payment. If the probation period is not agreed by both parties in advance, the employer cannot terminate the labor contract on the grounds of probation period. In particular, employees enjoy all labor rights in the labor law and labor contract during the probation period.

19 1. Labor protection

Legal persons and natural persons engaged in any kind of activities must implement the labor protection requirements of national standards, including the design, construction (renovation) and operation of projects, the design of machines, machinery and other equipment, the formulation of technological processes, and the organization of production and labor.

Employers undertake the obligation to ensure safety conditions and labor protection.

Employers must ensure the safety of employees when operating buildings, facilities and equipment, operating technological processes and using tools, raw materials and materials in production.

192. settlement of labor disputes

Labor disputes between employees and employers concerning the application of the Labor Law and other labor laws and regulations, collective contracts, agreements, internal norms, labor contracts and other matters shall be tried by labor dispute committees and courts.

The labor dispute committee shall be composed of an equal number of employee representatives and employer representatives according to the proposals of employees and employers. After receiving the written proposal to establish a labor dispute committee, the employer and employee representatives must be formed within 10 days. The representatives of the staff and workers shall be elected by the staff and workers' congress or by the representative offices of the staff and workers, and confirmed by the staff and workers' congress. Representatives of the employer shall be appointed by the person in charge of the unit and the self-employed employer. The labor dispute committee has its own seal, and the employer should organize the work well. The labor dispute committee elects the director, deputy director and secretary.

Functions and powers of the labor dispute committee: The labor dispute committee is the grass-roots organ that hears labor disputes in the unit. If the negotiation between the laborer and the employer fails, it shall be handled by the labor dispute committee.

Labor dispute handling procedure: The labor dispute committee must hear the labor dispute within 10 days from the date when the employee submits the application. The labor dispute shall be tried in the presence of the employee who submitted the application or his authorized representative. If the employee or his representative fails to attend, the labor dispute shall be postponed. If the employee or his representative fails to attend for the second time without justifiable reasons, the Committee may revoke the disputed application, but shall not deprive the employee of the right to apply for a second time.

If the employing unit illegally deprives the laborer of the labor opportunity, dismisses the laborer, or delays the return of the labor manual, thus causing damage to the laborer, it shall pay the laborer material compensation.