Characteristics of labor relations. General characteristics of labor relations

26.09.2019

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The concept of labor relations

The labor relationship is the legal connection between the employee and the employer in the process of fulfilling the duties assigned to him by the employee.

Labor relations- this is a voluntary legal relationship between the employee and the employer, in which both parties in the production process are subject to labor legislation, collective and individual labor contracts.

Relationships themselves have specific features:

proceed in conditions of obedience to the rules of the internal labor schedule;
the employee is usually included in the.

Participants (subjects) of labor relations are workers and employers... The subject of an employment relationship can be a foreigner (both as an employee and as a representative of an employer), as well as an individual citizen who accepts an employee as a housekeeper, personal driver, gardener, etc.

Objects of labor relations

The object of the labor relationship is skills, skills, abilities of the employee, which he proposes to use the employer and which are of interest to the employer in the process organized by him. It is for them that the employer is willing to pay. In market relations, the price of an employee, like any commodity, is determined.

Types of labor relations

Depend on the type of the relevant relationship and the specific underlying the emergence and existence of this legal relationship. Therefore, in the same production, different types of labor legal relations are possible, since different types of labor contracts are possible (urgent, with an indefinite period, for the duration of seasonal work, part-time, etc.).

Of these, two specific types of labor relations are distinguished:

in connection with part-time work;
under an apprenticeship agreement.

Their specificity is that part-time job creates a second employment relationship for the employee along with his main place of work. A student relationship obliges the student, unlike other labor legal relations, not to work in a specialty, position, but to master this specialty in production. Then, after passing the qualifying exam, the student legal relationship is fully transformed into an employment relationship but the specialty or profession acquired.

Features of labor relations

A distinctive feature of the employment relationship is that the employment relationship are personal, that is, with the development of freedom of the labor contract, the individualization of the employee's labor legal relations develops.

Another feature is that this relationship are built on paid ones started, associated with compulsory remuneration for work in the form of wages.

The third feature is that labor relations are of a continuing nature, that is, they do not stop after the employee has completed a certain labor task, but are associated with the performance of a certain labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; or specifying the type of work entrusted to the employee) - Art. 15 of the Labor Code of the Russian Federation.

The legislation stipulates that labor relations based on the certainty and stability of the employee's labor function, and prohibits the employer from demanding that the employee perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).

Both the employment contract and the employment relationship arising on its basis are always mutual and bilateral.

Both parties to the employment relationship have the right to demand that the other subject of his labor duties perform the filed legal relationship.

Since the employer has the right to disciplinary power, he himself can punish the employee for failure to fulfill his duties in accordance with labor legislation, bring him to disciplinary and material liability, and both parties can resort to coercive force of the state. This characterizes the volitional content of labor relations, which is supported by labor law norms that ensure normal, safe, appropriate pay, compensation for harm (damage), the possibility of dismissal, etc.

The emergence, change and termination of labor relations

, determining the emergence, change and termination of employment relationships, usually associated with the moment of conclusion, change and termination(Article 16 of the Labor Code of the Russian Federation). But it should be noted that these legal facts are not always a kind of action (hiring and dismissing an employee), sometimes these are circumstances that are in the nature of events (death of an employee, extraordinary circumstances, etc.). In addition, often legal facts can provide participants with an alternative choice (for example, grounds for dismissal) or have a complex composition that includes several circumstances together (for example, the presence of guilt, the wrongfulness of the act, the presence of damage and the causal relationship of wrongful guilty behavior and material damage).

The reason for the occurrence an employment relationship is usually considered an employment contract. For employees holding elective positions, the basis for the emergence of their labor legal relationship is the fact of election to this position. For some categories of employees, the basis for the emergence of labor relations is a complex composition of legal facts, when, in addition to the employment contract, it is preceded or followed by some kind of legal fact. So, for persons admitted on a competitive basis, the conclusion of an employment contract must be preceded by their election on a competitive basis for this position. The complex composition of the emergence of labor relations in 14-year-olds, when the employment contract must be preceded by parental consent.

The fact of the emergence of an employment relationship may be actual admission to work even if the recruitment was not properly formalized.

Change of labor relations may be due to lawful actions. The circumstances specified in Chapter 12 of the Labor Code of the Russian Federation will be considered changes.

The employment relationship is terminated the fact of termination of the employment contract on the grounds provided for by law (Chapter 13 of the Labor Code of the Russian Federation).

The main signs of an employment relationship:

They arise between two parties: the employee and the employer;

The basis of an employment relationship is most often an employment contract. In some cases, they arise in other forms (admission, court decision, appointment, etc.);

An employee in an employment relationship performs a certain labor function by personal labor in a certain specialty, position, qualification;

The employee obeys the internal labor regulations, and the employer ensures proper working conditions. Labor law regulates the labor process within any organization of various organizational and legal forms and forms of ownership. Compliance with its standards by the employer guarantees pension insurance, health insurance.

Legal relations directly related to labor relations. Legal relations for the provision of employment and employment

The subject of labor law is not only the labor relationship itself, but also the relationship directly related to it, the list of which is given in Article 1 of the Labor Code of the Russian Federation. They can be called background relationships in the sense that they form the background for the actual employment relationship. While closely related to the latter, they, at the same time, differ from it both in content and in the composition of the parties, as well as in the reasons for their occurrence.

The parties to the "background" labor legal relationship can be not only the figures of the employee and the employer, but also the totality of employees, i.e. labor collective, represented by an elected body of a primary trade union organization or a representative body of workers, a state labor inspectorate, a labor dispute resolution body, including a court.

Relationships closely related to labor, can:

precede it(employment relationship with this employer, vocational training, if an apprenticeship contract has been concluded with a jobseeker, but an employment contract has not yet been concluded);

accompany an employment relationship(relations on the organization and management of labor, on vocational training, retraining and advanced training of workers directly with this employer, on social partnership, collective bargaining, the conclusion of collective agreements and agreements, on the participation of workers and trade unions in the establishment of working conditions and the application of labor legislation, on the resolution of collective labor disputes, on the material liability of employers and employees, on the supervision and control over the observance of labor legislation and other normative legal acts containing labor law norms);

or, in various cases, precede the labor relationship, accompany it and follow it(relations for the resolution of individual labor disputes in cases of challenging the validity of refusal to conclude an employment contract or the legality of termination of an employment contract when persons are not yet or are not already in an employment relationship).

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Introduction

1. General characteristics of the labor relationship

1.1 The concept and features of the employment relationship

1.2 Subjects of the labor relationship

2. Grounds for the emergence, change and termination of labor relations

Conclusion

List of used literature

Introduction

Labor and other legal relations are the result of the impact of labor law norms on the relations of subjects in the field of labor application. Labor law norms are capable of generating a legal connection between subjects, i.e. the legal relationship itself, if the subjects perform a legally significant volitional action - a legal act that is the basis for the emergence of a legal relationship. The basis for the emergence of an employment relationship is a legal act such as an employment contract concluded between an employee and an employer.

Labor relations are the central (main) element of the system and determine the nature of other legal relations closely related to them, which act as derivatives of them and play a service role in relation to them.

By derivatives from labor, or so-called closely related to them, it is customary to understand "such legal relations, the presence of which presupposes the existence of labor relations in the present, in the future or in the past, without which the existence of these (derived) relations would be meaningless or even impossible" ... So, in the absence of labor legal relations, trade unions and other representative bodies of workers do not arise, state supervision and control and public (trade union) control over the observance of labor legislation are not carried out, there is no place for social partnership in the world of work, etc. Therefore, derivative legal relations have no independent meaning and cannot exist without labor. Derivatives from labor include the following legal relationships:

Supervision and control (including trade union control) over the observance of labor legislation (including labor protection legislation);

For vocational training, retraining and advanced training with this employer;

Assistance in providing employment and employment with this employer;

For the resolution of individual labor disputes and collective labor disputes.

Thus, along with labor relations, this system also includes those derived relations that are the subject of the branch of labor law, which have now found their consolidation in the Labor Code and are referred to as relations directly related to labor relations (part 2 of article 1). The peculiarities of the method of labor law, in particular, are explained by the variety of regulated social relations, their close intertwining and certain mobility, which is especially characteristic of the modern period of economic reforms and the development of the labor market. So, the formation of social-partner legal relations for collective bargaining and the conclusion of a collective agreement with the dynamic growth of a market economy requires more flexible ways of regulation, the development of a collective-contractual method, the increasing importance of labor contracts. Further development is received by the relatively new for labor law legal relations of trilateral cooperation of the relevant subjects concluding agreements of various levels (territorial, sectoral, regional, general agreements) and other legal relations of the system under consideration.

A certain direction of social relations forming in the specified system of legal relations is given under the influence of labor legislation, the general goals of which, in accordance with the Constitution of the Russian Federation and Art. 1 of the Labor Code is the consolidation of guarantees of the labor rights of citizens, the creation of favorable working conditions and the protection of the rights and interests of workers and employers. In this regard, the specified system can be considered as a set of legal relations, united by common goals, where each legal relationship is an element of the system and arises in connection with the collective (joint) work of employees with employers.

Thus, the system of legal relations of labor law is considered as a set of social relations, united by common goals, arising in connection with the work of employees with employers, when these relations are regulated by the norms of labor legislation (based on the method of labor law).

The nature of the system of legal relations of labor law depends on all the elements included in it, but labor legal relations play a decisive role, acting as a system-forming factor. Other legal relations related to labor are designed to contribute to their development and strengthening. In some cases, the very existence of labor relations is impossible without their "indispensable companions": legal relations on the participation of employees and their representatives in the management of the organization; on control and supervision over the observance of labor legislation, including labor protection legislation; legal relations related to vocational training and retraining (relations to improve the qualifications of employees of the organization); legal relations on social partnership, collective bargaining, collective bargaining (or social partnership relations), as well as on the conclusion of agreements (trilateral cooperation relations).

However, the emergence of legal relations related to labor is not always mandatory. So, citizens get a job on their own, having concluded an employment contract with an employer, most often without resorting to an employment service; collective labor disputes and strikes do not necessarily arise in organizations. Therefore, legal relations for the settlement of labor disputes, as well as legal relations related to the provision of employment and employment, are usually referred to as "optional satellites" in contrast to the specified mandatory satellites, which certainly arise and coexist with labor legal relations.

Other legal relationships are usually subdivided according to the time of their occurrence, development and termination in relation to labor relations. In this case, they are divided into previous, concomitant and ensuing legal relationships.

Previous legal relationships arise and develop to labor legal relations, and terminate with the emergence of labor legal relations. The preceding ones include legal relationships related to the provision of employment and employment, as well as training (training) directly in the organization, including the training of employees under an apprenticeship agreement or advanced training before starting work with the employer.

Associated legal relationships arise and coexist with labor, providing them. They coincide with the legal relations referred to the specified "compulsory companions" of labor, and cover legal relations:

Labor organization and labor management;

Social partnership, collective bargaining, collective bargaining and agreements;

On the participation of workers and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law;

Supervision and control (including trade union control) over the observance of labor legislation (including labor protection legislation).

The related legal relationship usually includes professional training and advanced training, if training is carried out after the start and during the period of work with the employer.

labor law legislation legal

1 ... General characteristics of the labor relationship

1.1 The concept and features of the labor relationship

Usually, an employment relationship is defined as an employment relationship arising on the basis of an employment contract and regulated by the norms of labor law, according to which one subject - an employee undertakes to perform a labor function in compliance with the rules of the internal labor schedule, and another subject - an employer is obliged to provide work, ensure healthy, safe and other working conditions, including the remuneration of the employee in accordance with his qualifications, the complexity of the work, the quantity and quality of labor.

In the conditions of collective (cooperative) labor of workers, a given employer (in an organization) has various social relations that are regulated by such social norms as traditions, customs, moral norms, statutes (regulations) on public associations, etc. In contrast to these social relations an employment relationship regulated by the norms of labor law is a legal relationship on the use of the labor of a citizen (individual) as an employee. The latter is opposed by the employer, which can be both a legal entity (organization) and an individual - an individual entrepreneur, or a citizen entering into an employment relationship with an employee using his labor. Thus, the subjects of the labor relationship are the employee and the employer.

The next feature of the labor relationship is the complex composition of the rights and obligations of its subjects, which manifests itself as follows. Firstly, each of the subjects acts in relation to the other both as an obliged and as an entitled person; in addition, each of them bears not one, but several duties to the other. Secondly, for some duties of the employer, he bears responsibility himself, for others - responsibility may arise from the manager acting on behalf of the employer as a management body, or they may bear simultaneously, but different responsibilities (for example, if the employer does not pay wages material liability, and the head (director) can be brought to disciplinary or administrative or criminal liability).

Proceeding from the fact that the obligations of one subject of the legal relationship correspond (correspond) to the rights of another and vice versa, it is obvious that a set of mutual rights and obligations is inherent in the labor relationship. This feature is associated with another feature of the labor relationship: it covers the entire range of mutual rights and obligations of subjects in an inseparable unity, i.e., despite the complex composition of rights and obligations, the labor relationship is a single legal relationship.

In the science of labor law, there are positions of scientists who defend the independence of the legal relationship for the material responsibility of employees and employers as related to labor legal relations. Attempts to destroy this integrity, to snatch individual combinations of rights and obligations from an inextricable complex do not indicate the emergence of new types of legal relations (disciplinary or material responsibility), but lead to the “splitting” of a single complex labor relationship.

And finally, a feature of the employment relationship is its continuing nature. In the labor legal relationship, the rights and obligations of subjects are implemented not by one-time actions, but systematically or periodically by performing those actions that are necessary during the established working hours (working day, shift, week, month, etc.). The performance of the labor function by the employee, subject to the rules of the internal labor schedule, after a certain time (two weeks) has elapsed, causes the response of another subject. There arises the employee's right to receive payment for his work and the employer's obligation to pay the appropriate wages.

Labor relations are not some kind of abstraction; in real life, labor relations have a very specific embodiment. In a specific case, each citizen (individual) who has entered into an employment contract has an individual labor legal relationship with a specific employer, which is related to labor activity. However, it should be borne in mind that persons who have entered into civil law contracts (work contracts, commissions, paid services, an author's contract, etc.) can also engage in labor activities. For the first time in the Labor Code (Art. 15), the definition of an employment relationship is enshrined, which makes it possible to delimit it from related legal relations arising from these civil law contracts. The definition of an employment relationship establishes the obligation of an agreement between the employee and the employer on the employee's personal performance of the labor function for a fee, subject to the rules of the internal labor schedule, under the guidance of the employer, providing the necessary conditions and remuneration for the employee. We can say that the object of regulation in this case is living labor, its conditions and wages.

Thus, the following are the characteristic features of an employment relationship, which make it possible to distinguish it from related, including civil law, relationships.

1. The personal nature of the rights and obligations of an employee who is obliged personally only by his own labor to participate in the production or other activities of the organization (employer). The employee does not have the right to represent another employee in his place or to entrust his work to another, just like the employer does not have the right to replace the employee with another, except in cases established by law (for example, during the absence of an employee due to illness, etc.). There are no such restrictions in civil law, where the contractor has the right to involve other persons in the performance of work.

2. An employee is obliged to perform a certain, predetermined labor function (work in a certain specialty, qualification or position), and not a separate (separate) individually-specific task by a certain date. The latter is typical for civil obligations related to labor activity, the purpose of which is to obtain a specific result (product) of labor, to fulfill a specific assignment or service by a certain date, i.e. performing work is only a way of fulfilling an obligation.

3. The fulfillment of the labor function is carried out in the conditions of common (cooperative) labor, which necessitates the subordination of the subjects of the labor legal relationship to the rules of the internal labor schedule adopted by the employer (organization) in the manner prescribed by law. The fulfillment of the labor function and the related subordination to the internal labor schedule means the inclusion of citizens in the collective of workers (staff) of this employer (organization).

All three named features constitute the characteristic features of the work of a citizen as an employee, in contrast to the subject of civil law relations. At the same time, as you know, a single and complex labor relationship combines both coordination and subordination ties, where freedom of work is combined with submission to the internal labor schedule; it is impossible in a civil law respect based on the fundamental principles of civil law.

The compensatory nature of the employment relationship is manifested in the response actions of the employer (organization), which is obliged to pay wages for the performance of work, as a rule, in cash. The peculiarity of the labor legal relationship is that payment is made for living labor expended, carried out by the employee systematically at fixed working hours, and not for a specific result of materialized (past) labor, the fulfillment of a specific assignment or service as in a civil law relationship.

A characteristic feature of the labor relationship is also the right of each of the subjects to terminate this legal relationship without any sanctions in compliance with the established procedure. At the same time, the employer is obliged to warn the employee about dismissal on his initiative in the established cases and to pay severance pay in the manner prescribed by labor legislation.

1.2 Subjects of the labor relationship

The subjects of the employment relationship are the employee (individual) and the employer. It is well known that the subject of law is a person recognized by law as capable of entering into a legal relationship and acquiring (being a bearer) of rights and obligations.

An employee is a mandatory subject of an employment relationship. Without it, this legal relationship simply cannot exist.

The Constitution of the Russian Federation (Article 37) enshrines the right of everyone to dispose of their abilities for work, to choose their type of activity and profession. Any living labor requires personal volitional activity of a person and is associated with the use of his abilities for work (labor power). Consequently, legal capacity and capacity for an individual are inextricably linked and arise simultaneously, i.e. this person is recognized as both capable and capable. This unity is defined by the concept of "labor legal capacity", or "labor legal personality". Labor personality is the unified ability of an individual to be the subject of an employment relationship (as well as some other related legal relationships). Labor personality is characterized by age and volitional criteria.

Unlike civil legal capacity, which arises from the moment of birth, labor personality is timed by law (Article 63 of the Labor Code) to reach a certain age, namely 16 years. In the case of receiving basic general education or leaving a general education institution, in accordance with federal law, an employment contract can be concluded by persons who have reached the age of 15 years. Persons studying in educational institutions who have reached the age of 14 may be hired to perform light work that does not interfere with the learning process, in their free time from school with the consent of one of the parents (guardian, trustee) and the guardianship and guardianship authority. In organizations of cinematography, theater, and other creative organizations, it is allowed, with the consent of one of the parents (guardian, trustee) and the guardianship and trusteeship body, to conclude an employment contract with persons under 14 years of age to participate in the creation and (or) performance of works without prejudice to their health and moral development.

Usually, working capacity is considered as physical and mental abilities for work, which, however, cannot limit the equal employment legal personality for all. Even persons who are recognized as disabled and have lost the ability to perform this work, on the recommendation of the relevant medical authorities, can participate in other types of work. In the same way, mentally ill people who have retained the ability to work have labor legal personality, except for cases when, due to illness, they have completely lost their ability to work (for example, they are not able to proportion their actions with the actions of others, cannot reasonably express their will, etc.) ...

Thus, labor personality is characterized by legislation as equal for all citizens (individuals). This means that citizens are free to exercise their rights, and natural differences between them, for example, gender, age, race, nationality or property status, the presence or absence of registration at the place of residence, or attitude towards religion and other circumstances should not be discriminatory in nature. the sphere of work.

Discrimination is prohibited by the Constitution of the Russian Federation, just as forced labor is prohibited (Articles 19, 37).

However, differences, exclusions or preferences, as well as restrictions that are determined by the need to have appropriate training for certain types of work, are not discrimination.

It should be borne in mind that equal employment legal personality for all is limited only by a court verdict if the individual is deprived of the right to hold certain positions or engage in certain professional or other activities (for a period of one to five years, if this is the main type of punishment, and from six months to three years as an additional punishment under Art.47 of the Criminal Code). In accordance with Art. 3.11 of the Administrative Code of the person to whom the court applied such a measure of administrative responsibility as disqualification, within a specified period (from six months to three years) are deprived of the right to hold leading positions in the executive body of a legal entity, to be a member of the board of directors, supervisory board, etc.

Legally established boundaries (limits) of labor personality are possible, for example, foreign citizens and stateless persons, the Constitution of the Russian Federation only allows citizens of Russia to take part in the management of state affairs (Article 32), to participate in the administration of justice (Article 119).

The legal status of an individual (citizen) in the sphere of relations regulated by labor law is determined by the fundamental rights, freedoms and obligations enshrined in the Constitution of the Russian Federation (Art. 37 and others) and Art. 21 TC. These basic rights and obligations, unlike others, are called "statutory", they are developed in subjective rights and obligations that make up the content of specific labor relations.

To identify the employer as the subject of this type of legal relationship, the economic criterion is primarily used. It allows you to clarify whether a given person (natural or legal) is involved as an entrepreneur, i.e. whether the determining factors of its production and activities are the systematic receipt of profit, investments, risk, danger of losses, etc. Activities that determine the presence of investments, expenses, possible losses, and the receipt of profits that may occur as a result of work using the labor of employees are all evidence that the entrepreneur (owner) is acting as an employer.

The labor of workers can be used by various enterprises, organizations and institutions - legal entities in all spheres of human activity, in connection with which these enterprises, organizations and institutions also act as employers.

Unlike civil law, the legal form of legal entities (organizations) or the participation of an individual entrepreneur as an employer does not play a significant role in the regulation of labor relations. Citizens (individuals) as potential employees in the labor market are interested in the "employer legal capacity" of future employers associated with providing citizens with work, payment and labor protection.

Consequently, any organization - a legal entity, which is considered to be created from the moment of its state registration, can act as an employer.

Along with a legal entity (organization), an individual (citizen) engaged in individual entrepreneurial activity from the moment of state registration without creating a legal entity can act as an employer as an employer. An individual (citizen) can act as an employer, inviting another citizen to work as a domestic worker, driver, gardener, etc., to use their labor only in the interests of a personal (consumer) economy without making a profit.

An employer as a subject (participant) of an employment relationship must have a legal capacity that the organization acquires from the moment of its state registration as a legal entity, and a citizen (individual) - from the moment of state registration as an individual entrepreneur. The legal capacity of legal entities and individual entrepreneurs is to recognize their right to provide citizens with work. This legal capacity is often referred to as employer legal capacity, meaning in this case by work the employment provided to the employee by the performance of a specified labor function under the established internal work schedule with remuneration and labor protection.

The labor capacity of a legal entity, in contrast to the labor legal personality of a citizen (natural person), is special. According to the difference in the goals and objectives of the activities of certain organizations (legal entities), and, consequently, their organizational and legal form, the content and volume of work capacity differ for different organizations (employers).

However, most legal entities (organizations of a different organizational and legal form) are characterized by a significant expansion of the scope of their legal capacity. They are independent in determining the number of employees, they themselves approve the type and system of remuneration, structure and management bodies, plan the necessary costs, etc. Usually, the legal capacity is determined by two criteria: operational (organizational) and property. The operational (organizational) criterion characterizes the ability of an organization to recruit and fire workers, organize their work, create all the necessary conditions and labor protection, ensure social protection measures, observe the labor rights of workers, etc. , other relevant funds), pay employees for work, reward them, provide other benefits related to material support.

As you know, legal entities (organizations) exercise legal capacity through their bodies acting in accordance with laws, other regulatory legal acts and constituent documents. In labor relations, the bodies of a legal entity (employer) are the head of the organization (general director, director, etc.) or other bodies that, in accordance with the charter (regulation), enjoy the right to admit and dismiss employees, approve staffs, issue orders and orders that are binding on employees of the organization. , and endowed with other powers in the field of organizational and management activities. The right to conclude an employment contract with employees can be delegated by the body of a legal entity to its representative by power of attorney (for example, in a branch, representative office).

The employer (owner of the property) or the body authorized by him has the right to appoint, elect or otherwise carry out the selection of the head of the organization. So, the head of a state unitary enterprise has an employment relationship in the manner prescribed by regulatory legal acts. The procedure for selecting a manager and other executive bodies of a joint-stock company is determined by the Law on JSC.

The formation of these bodies and the early termination of their powers are carried out by decision of the general meeting of shareholders, if the charter of the company does not refer the resolution of these issues to the competence of the board of directors (supervisory board) of the company (clause 8 of article 48, clause 9 of article 65, part 1 clause 3 of article 69 of the Law on JSC). On the basis of an employment contract concluded between a joint-stock company (employer), on behalf of which the board of directors (supervisory board) acts, and the director (general director), as well as members of the board (directorate) (if an employment contract is concluded with them), an employment relationship arises with some of the features established by law.

The content of the legal relationship, and in particular the labor relationship, is the unity of its properties and connections. Participants in an employment relationship are bound by subjective rights and obligations, a certain combination of which reveals its legal content. It is also accepted to determine the material content of the labor relationship - this is the behavior itself, the activities of the subjects, the actions they perform, which appears in the legal relationship, its legal content as the interconnection of subjective rights and legal obligations.

Thus, the interaction of participants in a public labor relationship is manifested in the legal relationship as the interaction of its subjects, their interconnection by subjective rights and obligations, when the right of one (employee) corresponds to the obligation of another (employer). For example, the right of the employee to health and safe working conditions corresponds to the obligation of the employer to provide such conditions, and the right of the employer to require the employee to comply with the rules of the internal labor schedule is the obligation of the employee to comply with them (subordination to the internal labor schedule).

Since an employment relationship always arises between specific persons on the basis of an agreement (employment contract) reached between them, this relationship can be defined as a form of expression of specific rights and obligations of its participants. In this sense, the labor relationship outlines the framework in which the behavior of its participants can be realized.

The Labor Code provides for the basic (statutory) rights and obligations of participants in an employment relationship. With regard to the personality of the employee, these rights and obligations in accordance with the Constitution of the Russian Federation (Article 37, etc.) are enshrined in general, in the Labor Code as the basic (statutory) rights and obligations of the employee (Article 21) and as basic (statutory) rights and obligations of the employer (Article 22 of the Labor Code).

When entering into an employment relationship, the employee and the employer, as its subjects, have subjective rights and obligations that make up the content of this employment relationship, which are the specification and detailing of the specified basic (statutory) rights and obligations.

Thus, in the labor relationship, its content is made up of subjective rights and legal obligations that its participants acquire with the emergence of this legal relationship on the basis of an employment contract concluded between them.

In Art. 21 of the Labor Code enshrined the basic (statutory) rights and obligations of the employee, which are widely represented. This is the right to conclude, amend and terminate an employment contract in the manner and on conditions established by the Labor Code, other federal laws, and to provide him with work stipulated by the employment contract; as well as to a workplace that meets labor safety conditions, and timely payment of wages in accordance with the qualifications of the employee, the complexity of his work, the quantity and quality of work performed and the right to rest, provided by guarantees such as the establishment of normal working hours, its reduction for certain professions and categories of workers, provision of weekly days off, non-working holidays, paid annual leave. Along with this, the employee has the right to complete reliable information about working conditions and labor protection requirements at the workplace and to vocational training, retraining and advanced training in accordance with the established procedure, as well as to association, including the right to create trade unions and join them for protection of their labor rights, freedoms and legitimate interests, and to participate in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement.

The main duties of the employee include the duties to conscientiously fulfill the labor duties assigned to him by the labor contract, and in compliance with the rules of the internal labor regulations of the organization, observe labor discipline, comply with the established labor standards, and also take good care of the property of the employer and other employees. In addition, the employee is obliged to comply with labor protection and labor safety requirements and immediately inform the employer or his immediate supervisor about a situation that poses a threat to the life and health of people, the safety of the employer's property. Listed in Art. 21 of the Labor Code, the basic (statutory) rights and obligations of an employee cannot be characterized as "cash" rights and obligations, since their actual possession is possible only in a specific employment relationship arising from an employment contract.

For the first time in the Labor Code (Article 22), the basic (statutory) rights and obligations of the employer were enshrined. The employer has the right to conclude, amend and terminate labor contracts with employees in accordance with the procedure established by law, to conduct collective bargaining and to conclude collective agreements, to encourage employees for conscientious, efficient work and to require employees to fulfill their labor duties and respect their property and other employees, to comply with the rule internal labor regulations of the organization. The employer also has the right to bring employees to disciplinary and (or) financial liability and, in accordance with the established procedure, to adopt local regulations. He has the right to create associations of employers in order to represent and protect his interests and join them.

The employer has many responsibilities. In Art. 22 of the Labor Code, in particular, enshrines its obligations to comply with laws and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and terms of employment contracts, provide employees with work stipulated by the employment contract, ensure labor safety and conditions that meet the requirements of safety and hygiene. labor and provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties, as well as provide employees with equal pay for work of equal value and pay in full the wages due to employees in a timely manner.

The employer is also charged with other obligations provided for by the Labor Code (for example, Articles 163, 212), federal laws and other regulatory legal acts, collective bargaining agreements, agreements and labor contracts. Thus, the list of the employer's obligations under Art. 22 TC is not exhaustive.

Subjective rights and obligations that make up the content of an employment relationship arising on the basis of a legal act - an employment contract, comply with the terms of this contract. An employment contract plays an important functional role in the mechanism of legal regulation of labor relations, their emergence, etc. Like any other contract, it has its own content - these are the conditions on which the parties reached an agreement. The content of the employment relationship, its subjective rights and obligations correspond to these agreed terms of the employment contract.

However, the employment relationship and the employment contract are not equivalent. The terms of the contract are formed in the process of its conclusion by the parties on the basis of freedom and voluntariness of labor, but should not limit the rights or reduce the level of guarantees for workers established by labor legislation (part 2 of article 9 of the Labor Code). The agreed conditions, as it were, determine the scope of the content of the arising employment relationship. Nevertheless, an employment contract cannot determine its entire content, all its elements. A citizen, on the one hand, and an organization (legal entity) or an individual entrepreneur, on the other, when concluding an employment contract and the emergence of an employment relationship, act as individuals. It is as individuals that they act on the basis of the freedom to choose each other, the freedom to conclude an employment contract and the freedom to determine its conditions (content). At the same time, private persons cannot fully realize through the legal form of an employment contract the public-law element of the employment relationship. This public-law element consists in the establishment of a normative standard of labor rights and guarantees of an employee, the deterioration of which in an employment contract leads to the invalidity of its individual conditions or the contract as a whole, which in this case cannot be applied.

Consequently, the labor relationship, the content of which is determined by the terms of the employment contract, bears in itself an independent essence, an independent content. The independence of the employment relationship is manifested in the legislative establishment of a certain level of labor rights and guarantees, which the parties may not reduce by concluding an employment contract, may not exclude them or replace them with others. This is one of the features of labor law, which testifies to its social orientation and allows us to characterize the branch of labor law in the system of Russian law as the right of social protection.

An employment contract is the organizational and legal form that most adequately meets the needs of the labor market and the private interests of the employee and employer.

2 ... Grounds for the emergence, change and termination of labor legal relations

For the emergence, change and termination of employment legal relationships, in accordance with the norms of law, the corresponding legal fact must be performed. Legal facts entailing the emergence of labor relations are called the grounds for their occurrence. The peculiarity of these facts is that events, offenses, a single administrative act cannot serve as such in labor law. These facts in labor law represent legitimate actions (the will of the employee and the manager acting on behalf of the employer), committed in order to establish an employment relationship.

As a general rule, an employment contract is the basis for the emergence of most employment relationships. But in some cases, legal norms link the emergence of labor legal relations not with one legal act, which is an employment contract, but with several. Taken together, these legal acts constitute the so-called complex legal structure, which serves as the basis for the emergence of labor relations.

Labor legislation also provides for assignment to work on account of the established quota (disabled people), and, finally, this may be a court decision on the conclusion of an employment contract. All of these acts are enshrined in Art. 16 and, accordingly, are disclosed in Art. 17, 18 and 19 TC. The Labor Code also highlights the factual admission to work with the knowledge or on behalf of the employer, indicating the existence of an employment contract that is not properly executed in writing.

Regardless of the differences and the number of legal acts included in complex legal structures, they necessarily contain an employment contract, which occupies a certain place. So, during competitive selection at a university, an employment contract closes all other legal acts of this composition: Art. 332 TC, clause 2 of Art. 20 of the Vocational Education Law. The head (rector, dean on behalf of the university (faculty)) concludes an employment contract with a person elected by competition by the academic council at the university, provided that the appropriate management act (order) has been issued earlier on the approval of the council's decision and on the competitive election of the person.

In this case, the specified composition includes legal acts inherent in different branches of law and performed in the following sequence: 1) competition, completed by the decision of the relevant body (academic council), i.e. act of election; 2) the order of the head on the approval of the decision of the academic council (public collegial body), which has been given legal force, i.e. management act; 3) conclusion of an employment contract with a person elected by competition, which stipulates the labor function of the employee, the date of commencement of work, the amount of remuneration, etc. bilateral legal act - an agreement. A hiring order issued after the conclusion of an employment contract is not a legal act, but performs a purely design function.

The competition is held if the law or other normative act or the charter (regulation) of the organization defines the list of positions submitted for the competition, and the procedure for competitive selection for these positions (Article 18 of the Labor Code). The competition has a number of features. It is associated with the self-nomination of a person for a position, because the announcement in the press about the competition is addressed to an indefinite circle of persons. Election is carried out by the relevant public, collegial body (academic council, commission, etc.), and according to his decision, the head concludes an employment contract with the person elected through a competition, upon the expiration of the established term for election to the position or expiration of the term of the employment contract, the positions included in the relevant lists, are submitted again to the competition.

In contrast to the competition in elections for a position, a candidate is nominated by groups or collectives of people, they also choose a person for the corresponding position, and the powers of the chosen person are established for a certain period. At the same time, the candidate's consent to run is preceded by the actual elections for the office.

A distinctive feature of the emerging labor legal relationship is that the replacement of a position depends in most cases on bodies or officials who are not a participant in the emerging labor relationship - most often these are higher management bodies. The person appointed to the position has a relationship with the organization where he actually performs his labor function. If a person's employment relationship arises by appointing him to a position, then the appointment act (order or order - an administrative act of individual significance) predetermines the conclusion of an employment contract with this person.

Conclusion

The actual activity of the employee and the employer is the material content of labor legal relations, which is inextricably linked and subordinated to the volitional content, that is, to the subjective rights and obligations of the participants in these legal relations. The volitional (legal) content of labor relations is formed by subjective labor rights and obligations of their participants - employees and employers.

Subjective labor rights of workers are aimed at ensuring: actual employment with work in a specific specialty, normal working conditions and wages in accordance with its quality and quantity; labor honor and dignity of the employee.

Subjective rights are characterized by concreteness, pretentiousness and relative freedom of behavior in their implementation.

Pretentiousness as one of the signs of the employee's subjective rights is ensured by the activities of other entities (for example, the right to ensure safe and healthy working conditions, the right to demand respect for the property of the employer).

The employee performs his job duties during working hours. Labor law regulates an important aspect of social relations related to labor. It, unlike all other branches of law, one way or another affecting the relationship between people and society at work, is aimed at guaranteed provision of the maximum number of guarantees for the person providing his ability to work; labor law is aimed at protecting citizens when they perform work in an individual labor relationship.

The current state of affairs in modern society, given the global economic crisis, which also affected the Russian Federation, has affected the work of most companies. Employers who have suffered losses are trying to keep their financial costs to a minimum, including attracting labor. Mass measures are being taken to reduce staff and release personnel. Many companies do not have the ability to pay their employees the wages that they paid until recently. Employers who still need to attract personnel try to avoid the need to provide social guarantees to their employees, using agency labor or attracting citizens to work on the basis of a civil law contract. Highly skilled workers agree to go to work on the condition of lower wages than they could have previously expected.

So far, the question remains unclear as to what the current crisis situation will lead to, but still labor relations will remain the same guarantor of social protection of citizens.

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