Consider the concept of "labor relations", as it is quite common in everyday life. Any relationship between people who begin cooperation in the framework of an employment relationship must be formalized in an agreement. Only in this case will the labor relations of workers and employers be recognized as legal.
What it is?
Labor in our country is free. No one has the right to involve anyone in work without his voluntary consent. The concept of “labor relations” implies the mutual consent of persons who seek cooperation. This concept is fixed in the Constitution of the Russian Federation. When entering into such a relationship, it must be remembered that the agreement between the employee and the employer must be drawn up so that the expectations of the employer and employee are fully met. In a broad sense, we are talking about a combination of signs, forms, types, bases of occurrence.
Theoretical aspects
An employer is a manager of an institution or organization that accepts an employee as part of the labor process to fulfill his duties and tasks. An employee is a person who works under an employment contract and performs certain tasks.
Relations between these parties are governed by the Constitution of the Russian Federation, internal legal acts of the company, federal laws. The employee receives a monetary reward for his work, the parameters of which are agreed in advance, are prescribed in the contract.
Basic principles
In Art. 15 Labor Code of the Russian Federation given the definition of labor relations. In this definition, there are signs that distinguish them from civil relationships. In particular, we are talking about the performance of a labor function with subordination to the internal rules adopted by the organization. Such a function is considered the work of the position (within the staffing, profession, specialty) with qualifications, as well as a certain type of assigned work.
Art. 15 of the Labor Code of the Russian Federation says that labor relations allow representation, in which one person having certain powers makes transactions related to labor relations on behalf of another person. Submission to the internal labor schedule implies the exercise of personal volitional activity within the framework of cooperated labor. It determines the effect of the rules of law that determine the mode of rest and work time, responsibility for poor performance of labor duties.
This nuance also indicates such a nuance as providing an employee with working conditions, which are provided for by the Labor Code of the Russian Federation, as well as legal regulations that contain labor standards. All situations that occur between employees should be based on the law, not contradict it.
Consistency assumes the duration and schedule of working hours. All mechanisms and units have their own structure. Their basics are set forth in internal regulatory acts, and an employment contract also contains them. TC is a document that allows an employee to protect the rights and interests in the event of a violation by the employer.
The interaction between the parties to the relationship should be mutually beneficial. The employee gets the opportunity to earn money, and the employer acquires skilled labor.
The legal regulation of labor relations implies freedom, unlimited, mutual respect. Each participant in the relationship must fully comply with the requirements established by law, as well as internal local acts of the enterprise.
Features of the collective agreement
This document involves the legal regulation of labor relations between both parties: employees, the employer. This document is considered at a meeting of the labor collective, adopted by a majority of votes. It implies certain duties and rights, both for the employer and for employees of the enterprise (organization). The collective agreement spells out the main labor tasks, the wage system, and the bonus procedure.
In particular, for budget organizations, this document implies several additions. For example, a Regulation on surcharges and allowances is developed and adopted (taking into account the opinion of the trade union committee), which stipulates those types of activities, the implementation of which is the basis for receiving additional payments.
An agreement between an employee and an employer is considered valid if it is signed by both parties. From this moment on, both the employer and the employee have certain responsibilities and rights. How to understand whether the management of the organization fully fulfills the labor contract? The Labor Code of the Russian Federation assumes the existence of supervisory authorities, in particular, labor inspectorates. The authority of this organization includes analysis of the employer's compliance with the constitutional rights of employees, taking appropriate measures to identify violations.
Relationship Options
We will analyze specific examples of labor relations. For example, in educational organizations, the Regulations on surcharges and allowances have been developed, according to which each teacher (another employee of a public institution) has the right to additional payments of a stimulating nature, taking into account labor productivity. If the teacher provides the school (kindergarten) administration with information confirming the high quality of his professional activity: letters, certificates, diplomas, the head is obliged, based on the Regulation on surcharges and allowances, to establish a one-time (monthly) bonus according to the local act of the organization.
The unwillingness of the employer to pay for the employee’s labor is considered sufficient reason to defend the employees of their violated rights through the labor inspectorate or law enforcement agencies. The concept of “labor relations” is used to defend interests, rely on material and moral compensation.
The second example is the failure to provide an employee with state paid leave within the time frame previously agreed on in the schedule. What to do to an employee who planned a trip, and through the fault of a manager who does not want to give him leave, loses money for a ticket, tickets bought? The Labor Code of the Russian Federation comes to the aid of an employee. The concept of “labor relations” implies an agreement between both parties regarding payment, terms and length of time for work and rest. Violation of the agreement of one of the parties is the basis for the victim to defend his interests in the framework of the trial.
Grounds for an employment relationship
They appear at an agreement beneficial to both parties. The employee must be sure that for conscientious performance of his labor duties, he can count on salaries and certain social guarantees, and the employer, after concluding an employment contract, dreams of acquiring a competent and responsible employee.
Features of the conclusion
At present, the Labor Code of the Russian Federation is allowed to conclude an unlimited and urgent labor contract. There are several reasons for signing an agreement between two subjects of legal relations:
- reaching a citizen of 18 years;
- legal capacity;
- availability of education, qualification, level sufficient according to the requirements of the employer;
- successful interviewing.
What do you need to know?
Before signing the agreement, the employee must carefully study all the features of the agreement. It must be understood that a signature means agreement with all the clauses included in the contract, so it will be very difficult to challenge it later.
The employer is obliged to provide the new employee with full information about all local acts adopted and operating in this organization, to inform about the work schedule. The employee must carefully read all the documents before they sign an employment contract. If he has any questions, he has the right to clarify them with a potential employer.
To summarize
Labor relations are the legal relationship between the employer and employees as part of the employee's performance of the duties assigned to him. Such a relationship is a voluntary legal relationship between the two parties to the production process, they are subordinate to the labor legislation of the country, an individual and collective agreement, and internal rules.