Worker and employer: rights and obligations in the field of labor and labor protection

The rights and obligations of the employee and the employer in the field of labor protection are spelled out in several regulatory legal acts and documents. Every employee must know about it.

Where to looking for

We list the main documents that describe the rights and obligations of the employer and employee in the field of labor protection. Ukraine and Russia are not particularly different from each other in terms of labor law. In both states, they are listed in the following documents:

• Labor Code. It, as a rule, provides basic (universal) labor protection standards.
• Employment contract (contract). Toto, who reads it carefully when applying for a job, knows about it.
• Federal laws governing certain areas of activity.
• Job description. For employees of certain professions with an increased risk of danger, it lists in detail the conditions for observing many safety rules and standards. It should be noted that legally these violations fall under the article "Failure to fulfill official duties". We give an example. The firefighter did not wear a safety helmet. According to the job description, he is obliged to do this. The employee was fired for failure to comply with the job description. For a similar violation, a fine could be applied to him for violation of labor protection rules. But in this example, his dismissal will be completely legal. There is only one conclusion: you must carefully read and fulfill the labor contract, job description, as well as know other rights, duties of the employee and employer in the field of labor. Including in the field of industrial safety.
• Orders and orders of the higher management.
• Other regulatory, by-laws and documents relating to certain areas of activity of workers. For example, decrees of the president, minister of labor, etc.
  

Article 214 of the Labor Code of the Russian Federation: determination of the status of an employee

Sometimes the line between the concepts of "employee" and "employer" is erased. Rights and obligations are one. This applies to this article of the Labor Code of the Russian Federation. It lists the main responsibilities of the employee. But the law also provides that absolutely all employees of the enterprise fall under this concept. In this case, the concept of "employee" is a person who performs certain job descriptions. This may be the employer acting as a director. But there is a convention. The employer who is not an employee of the enterprise and does not comply with any job descriptions of the company does not fall under this article. For example, an investor who delegates all managerial powers to his managers.

Employee Responsibilities

It has already been said above that there are legal cases when the status does not determine anything. Who is the employee by status? Both the employee and the employer have the same rights and obligations.

According to the Labor Code of the Russian Federation, these include:

• Medical checkup.
• Obligatory notice of ill health.
• Obligation to undergo briefings and safety training. This also includes courses on emergency (pre-medical) first aid. For example, instructors in dangerous sports, employees of child care facilities are required to know how to provide emergency care before an ambulance arrives.
• The use of protective special equipment in hazardous areas of work, as well as self-training and increased competence in their use.
  

Features of a medical examination

This includes both preliminary, pre-employment, and periodic. Depending on the field of activity, various requirements are made. For example, an ophthalmologist is not necessary for teachers and catering staff. In sanitary books a special code of professional activity is put. The list of medical examinations depends on him.

Health Adviser Notice

An absolutely valid medical work permit does not play any role. There are times when an employee's health is deteriorating, but he does not inform his superiors about it. The result can be fatal outcomes during the performance of labor duties. And both for the employee and for others.

It’s a special tragedy when, as a result of such incidents, children suffer or die. We give an example of a similar situation. The driver of the school bus exacerbated heart failure. A few more months before the next mandatory medical examination. The driver knew about this, but hoped that nothing would happen. I did not want to lose the only source of income. As a result of the transportation of children on the highway, his health condition deteriorated. There was a heart attack. The driver lost control of the bus and collided head-on with a passing oncoming car. Several people, including this driver, were seriously injured. One child was taken to intensive care, on the road to which he died.

The situation is terrible. For parents of affected children, it’s just a tragedy of life. But the principal did not know about the deterioration of the driver’s health. The vehicle was in good condition. The driver had medical clearance. Of course, before sending the driver on a flight, doctors are required to examine and issue a permit. But this does not always save from such cases.

Use of protective equipment at the facility

Nonsense, when gas station employees, for example, do not know how to use a conventional fire extinguisher. The example is not accidental.

In one area, emergency officers conducted inspections in this area. It turned out that 5 percent of enterprises did not have fire extinguishers at gas stations. A third of the employees did not know where they were, and half did not know how to use them. In this case, the rights and obligations of the employee and the employer are also violated.

We will explain more specifically. The right of the employee to a safe place of work at work with increased danger and the obligation of the employer to ensure it have been violated. This is about the lack of fire extinguishers.

Ignorance of workers on how to use special equipment is a violation of labor legislation in the field of labor protection of both themselves and managers. The latter did not check the level of competence of employees.

Rights and obligations of the employer and employee in the field of labor protection: Art. 76 of the Labor Code of the Russian Federation as an execution tool

This article gives the right to remove an employee from his post for the lack of a mandatory medical examination. But the article applies subject to the legislative obligation of passing. The employee and the employer must not conflict. Rights and obligations must be strictly observed and implemented within the framework of the law.

For example, it would be unlawful for the director to force an employee to submit medical tests that are not covered by the position. Examples of this include an HIV test. It is not mandatory for almost all categories of workers. For such a request, the employee has the right to apply to the prosecutor's office or labor inspection.

The consequences of applying Art. 76 Labor Code of the Russian Federation

But if the requirements of the employer are legal, and the employee has not undergone a medical examination, then for him there are a number of negative points:

• Dismissal until the final medical examination.
• Non-payment of wages during a forced absenteeism.
• Recalculation of compulsory annual paid leave.
• The period of suspension is not included in the work experience of the employee.

But this happens when the employee did not pass the examination through his own fault. If his guilt is not proven and / or not at all, then the last three paragraphs do not apply. He is paid the average monthly salary during a temporary absenteeism during the period of passing the medical examination, and this does not affect the experience and vacation.

It can be concluded that both the employee and the employer must respect each other, the rights and obligations of the parties are mutually respected. Indeed, the financial well-being of the enterprise and the favorable climate in the team depend on this.

Employer Responsibilities in the Field of Occupational Safety

It was said above that in article 214 of the Labor Code of the Russian Federation the concepts of "director" and "subordinate" are distinguished. All employees fall under the category of workers. But there are special responsibilities that apply only to managers.

There will be a contrast: employee and employer, rights and obligations. The formula is quite logical and understandable. Ensuring the right of the employee in the field of labor protection is the responsibility of the employer.

We list the rights and obligations of the employer and employee: table

Responsibility for violation of safety requirements at the workplace

It can be both administrative and criminal. In accordance with Art. 5.27 Administrative Code provides a fine. It can be superimposed both on the head, and on the enterprise. If for an official it is 1-5 thousand rubles, then firms - from 30 to 50 thousand rubles.

The criminal article for violations of labor protection legislation applies when an accident has occurred. Those. anyone hurt. To the person responsible for safety measures apply Art. 143 of the Criminal Code. In this case, he may be subject to one of the following sanctions:

• A fine of up to 200 thousand rubles or the removal of wages for a period of up to 18 months.
• Mandatory work up to 480 hours.
• Correctional work up to 2 years.
• Imprisonment up to 1 year.

The death penalty will be much stricter.