Changing the terms of the employment contract determined by the agreement of the parties. Change of the employment contract. Sample order for temporary transfer

Once the employer agreed with the employee on the rules that the employee would perform a specific job in a specific place and under appropriate conditions. Formally speaking, the parties entered into an agreement, which is called () in the Labor Code.

Like any written agreement, this document contains a number of provisions.

Some of the points are called essential, or mandatory. include:

• place of work;
• production function;
• start date of work (if the contract is urgent, then the grounds for its conclusion and the date of the end of the agreement);
• remuneration criteria;
• working hours and rest hours;
• guarantees and compensations;
• conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, etc.);
• working conditions at the workplace;
• provision of compulsory social insurance.

In the future, changing the essential terms of the employment contract is possible only by agreement of the parties, that is, by mutual agreement.

After the contract comes into force (), its provisions become binding.

However, periodically, on the initiative of one of the parties, and sometimes regardless of their will, events occur, after which it is required to amend the agreement between the employee and the employer (in the Labor Code of the Russian Federation this topic found reflection in).

Any changes to the terms of the employment contract determined by the parties are allowed only with the consent of the parties (Exceptions, of course, do happen, but about them a little below.

All changes must be made in writing, through the signing of an additional agreement.

Reasons for making changes

1. Initiative of one of the parties

Regardless of who (the employee or the employer) initiates changes in the working conditions in the employment contract, be it an increase in salary, a new position, adjustments to the working hours, etc., if the opposite party does not agree, no change occurs.

If everyone agrees, then an additional agreement is prepared and signed in two copies.

Sample supplementary agreement

In this document in mandatory indicate the parties, the date and place of detention, and also write specifically and clearly what exactly is changing (added or excluded). At the end, indicate from what time the changes take effect.

For example, accountant Petrov decided that he did not want to work five days a week, on average 40 hours, but wanted to work four days a week, on average 32 hours. With this proposal, he turned to the employer. The employer knows that Petrov is a good accountant and does not want to lose him, so the parties came to an agreement: Petrov will work 4 days a week, on average 32 hours, but his salary is now not fixed, as before, but is calculated in proportion to the time Petrov worked ... This consent is stated and recorded by the parties in writing in the form of additional agreement No. 1 to the labor contract of Petrov.

2. For medical reasons

If for health reasons the employee is unable to perform his functions, the employer is obliged to transfer him (but only with written consent!) To another, not contraindicated, available job (). That is, the employer is obliged to change the essential terms of the employee's employment contract.

For example, after passing the next medical examination, the medical board issued a conclusion to the electric and gas welder Sidorov that he should not work as a welder. Sidorov brought this conclusion to the employer. What to do next?

The legislator in this case provided two possible options and the following procedure.

2.1. Temporary transfer for up to 4 months

Conditions for amending the employment contract

If Sidorov agrees that for 4 months he will not work as a welder, but as a carpenter, that is, his production function will change (if, of course, he meets his qualifications), then the procedure is as follows:

• we obtain the written consent of Sidorov;
• we prepare an additional agreement to the employment contract in duplicate, in which we indicate the reasons, terms and a new production function;
• we sign;
• preparing an order temporary transfer, with whom we introduce Sidorov under the signature.

After the expiration of the agreement, we again prepare an order for the return transfer, also with the signature of the employee. In both orders, we put a medical opinion and an additional agreement in connection with it as the basis.

Sample written consent to change the terms of an employment contract

Sample order for temporary transfer

Conditions for the suspension of an employee from work

If Sidorov does not agree in any way with such a turn of affairs, or the employer does not have vacancies suitable for him for health reasons, the employer is obliged to remove Sidorov from work for the period of up to 4 months specified in the medical report, with the retention of his position. During this period, the employee is not paid.

Sample order for removal from office

2.2. Temporary transfer for a period exceeding 4 months

Changing the terms of the employment contract determined by the parties

If Sidorov agrees to be a carpenter for more than 4 months or constantly be a carpenter, we obtain his written consent, prepare an additional agreement in duplicate, in which we indicate the reasons, terms (if the translation is permanent, we clarify that now this is Sidorov's main work) and a new production function, we sign and we are preparing an order for a temporary transfer, which Sidorov must sign. When the transfer period ends (if it is not permanent), we prepare an order for a reverse transfer.

Terms of termination of an employment contract

If the medical commission determines that the transfer must be permanent or more than 4 months, and Sidorov refuses to transfer, or the employer does not have a suitable vacancy, the employment contract is terminated in accordance with clause 8 of part 1 Article 77 of the Labor Code of the Russian Federation.

Sample order of dismissal

At the same time, in order to avoid litigation and negative judicial practice, we recommend offering to employees in need of temporary or permanent transfer on medical indications, all vacancies that are suitable for them in terms of qualifications (including higher positions) or existing work that is not contraindicated for health.

3. Due to changes in organizational or technological working conditions

A detailed procedure in this case is provided. article 74 of the Labor Code of the Russian Federation, we only note that if the clauses of the contract cannot be saved for reasons beyond the control of the parties, the employer has the right to change the terms of the agreement on his own initiative, but at the same time the production function of the employee cannot be changed.

The employer is obliged to notify the employee in writing about upcoming innovations and their reasons no later than two months in advance.

Sample notice of changes in the terms of an employment contract

If the employee does not agree to work in the new circumstances, the employer is obliged to offer him in writing another job that he has, which the person can perform taking into account his health. At the same time, the employer must offer the employee all the vacancies available to him that meet the specified requirements (the employer is obliged to offer vacancies in other localities, if this is provided for by local regulations).

If suitable job the employer does not have, or the employee refused what was offered to him, the employment contract is terminated in accordance with clause 7 of part 1 Article 77 of the Labor Code of the Russian Federation.

Exceptions to the rule

According to article 72.2 of the Labor Code of the Russian Federation, when:

• natural disasters, no matter what kind;
• industrial accident or industrial accident;
• fire, flood, famine, earthquake, etc.

And also in any other cases when people's lives are under threat, it is possible to change the terms of the employment contract at the initiative of the employer, i.e. the employee can be transferred without his consent (for up to one month) to work not under his employment contract with that the same employer to prevent disasters or eliminate their consequences.

At the same time, transfer to a job requiring a lower qualification is allowed only with the written consent of the employee.

Changing the terms of the employment contract is required in cases where their performance becomes impossible due to the onset of circumstances that prevent this. The legislation does not define such a step, but does not impose prohibitions on it either. The main thing is that the procedure is carried out and executed correctly from a legal point of view.

What does a change in the terms of the contract involve?

A common reason for making changes is enterprise restructuring and reorganization. An elementary name change becomes a sufficient reason for this. To determine all situations, you need to remember exactly what conditions are spelled out in this document:

1. The name of the employee and the name of the employing organization.
2. Position held.
3. The name of the department, structural unit, workshop, and so on.
4. The amount of payment and the principles of its calculation.
5. Obligations of the parties (employee and employer).
6. Responsibility for non-fulfillment of obligations or their unfair fulfillment.
7. Details of the parties.
8. Employee and manager signatures. The latter is certified by the original seal (for legal entities).

Based on this, it is possible to determine which conditions can be changed and for what reasons.

Changing the terms of the employment contract determined by the parties

The Labor Code, namely Article 74, stipulates that the employing company has sufficient grounds to make changes by a sole decision. This applies to most conditions other than the employee's position. This is possible in cases where the technological working conditions at the enterprise have changed (modernization of the production line, change of products, etc.). The abolition of branches, departments, workshops is also a sufficient basis for a sole decision to change the terms of the employment contract. In order for this step to be carried out in accordance with the laws, you need to go through the following steps:

1. Employers determine the number of employees and establish them personally. This refers to those who will be directly affected by organizational or technological change.
2. Each of the interested employees is sent a personal notification about the change in the terms of the employment contract, the date of their occurrence and the reasons. This must be done 60 days before the relevant order comes into force and the agreement is signed.
3. At this stage, dissenting workers are presented with alternatives. If the employee cannot accept the new conditions, the company must select for him workplace that he can borrow. Moreover, the salary should not be less, and the rank should not be lower. Again, you need to notify in writing. The changes should be reflected in the respective employment agreement.
4. This stage occurs in cases when the alternative options did not suit the workers. Then, according to Art. 77- of the Labor Code of the Russian Federation, the conditions established by agreements are assigned the status of invalid. The employment contract is considered terminated.

Special cases provided by law

There are several such situations, each of which is reflected in the Labor Code. Russian Federation:

• the transfer of an employee to a new position is determined by both parties, and the employer cannot single-handedly make such a decision (Article 72 of the Labor Code of the Russian Federation);
• if there are technological and organizational reasons for making changes, the sole decision of the employer cannot relate to the labor functions of the employee (Article 74 of the Labor Code of the Russian Federation);
• the employer company has enough rights to transfer employees to part-time work in order to save jobs and not make mass layoffs of citizens (Article 372 of the Labor Code of the Russian Federation);
• refusal of employees to transfer to a reduced schedule is a sufficient reason for dismissal and termination of the conditions specified in the employment contract (Article 81-Labor Code of the Russian Federation).

Labor legislation was developed to regulate the relationship between employers and employees. Labor law violations lead to liability. This is often the reason for filing lawsuits against the employer. To change the conditions labor agreement were legitimate, you need to heed a simple rule. All measures must be carried out under control professional lawyers... Our lawyers will not only draw up an employment agreement, but also conduct legal monitoring of the current situation for compliance with the current legislation. By contacting a law office, you will protect yourself from possible claims and the occurrence of liability assumed current legislation Russian Federation. The same applies to the procedure for dismissing employees.

Grounds for changing the terms of the TD determined by the parties for reasons related to changes in organizational or technological conditions of labor are applied in cases where the conditions of the TD determined by the parties cannot be preserved, but the labor function of the employee can be preserved. Obligations of the employer: 1) notify the employee in writing no later than 2 months in advance of the upcoming changes, as well as their reasons, 2) offer another job if the employee has objections. In the absence of such work or refusal of the employee, the TD is terminated and in accordance with clause 7, part 1 of article 77 of the Labor Code, a two-week allowance is paid in the amount of average earnings.

Moving to another workplace is a change in the workplace within the organization while maintaining the labor function and other significant working conditions.

Changes to the terms of an employment contract

It does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail changes in the conditions determined by the parties. When moving, the labor function and the area in which the employee worked are preserved. Refusing to move in the absence of a valid reason is a violation labor discipline... If the employee does not agree to continue working in the new conditions, the employer is obliged to offer him in writing another job available in the organization, corresponding to his qualifications and state of health, and in the absence of such work, a vacant lower position or lower-paid work that the employee can perform with taking into account his qualifications and state of health. Dismissal by the above reasons is considered legitimate if there is a combination of the following three conditions: 1) changes in the organization of production and labor have actually taken place and agreed in established cases with a trade union body or a collective of workers; 2) the old working conditions cannot be preserved, that is, a new technology is introduced, a new production is created, the structure of the organization is changing; 3) the employee has been warned 2 months in advance.

Suspension from work.

Suspension from work does not constitute grounds for termination of the TD. It is of a temporary nature and entails the suspension of the employee's performance of his job duties. The employer suspends the employee from work for the entire period of time until the elimination of the circumstances that were the basis for the suspension. In accordance with Art. 76 of the Labor Code, the employer is obliged to remove from work the employee: who appeared at work in a state of alcoholic, drug or toxic intoxication; who has not undergone training and testing of knowledge and skills in the field of labor protection in the prescribed manner; not passed in the prescribed manner mandatory preliminary or periodic medical checkup; when identified in accordance with medical report contraindications for performing work; at the request of the authorities and officials... This list is not exhaustive, the suspension may take place on other grounds provided for in the Federal Law. For example, the FKZ "On the state of emergency" for the period of the state of emergency may be suspended from work by the heads of state and municipal organizations.

Upon suspension, the salary payment is suspended. Suspension time is not included in the length of service, which gives the right to annual basic paid leave. Recognition by a court or labor inspectorate of the decision on suspension as illegal entails the payment of an average salary for the entire period of suspension.

In addition, the employee has the right to demand compensation for the moral damage caused.

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Change of employment contract

A change in the employment contract is formalized when the essential conditions of the employment contract are changed, i.e. such conditions, without the agreement of which the contract cannot be concluded: conditions of work and rest, conditions of remuneration, rights and obligations of employees.

According to Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation.

An agreement to amend the terms of an employment contract is concluded in writing.

Changes to the employment contract can occur at the initiative of the employer in the manner specified in Art. 74 of the Labor Code of the Russian Federation. If changes in the employment contract (wages, work hours, production rates, etc., with the exception of the labor function) are caused by organizational or technological changes at the enterprise, it is not necessary to ask the employee's consent, but the change procedure must be followed. mandatory conditions labor contract.

First, it is necessary to document the fact of changes in the organizational or technological working conditions.

Changes to the terms of the employment contract

The mandatory terms of the employment contract can be changed strictly certain reasons, for example:

Change in organizational working conditions;

Changes in the technological working conditions.

Changes in organizational conditions are associated with the introduction of new provisions in the collective agreement, changes staffing table(for example, as a result of automation of accounting based on the "1C" program), changes in the operating mode of the enterprise and the rules of the internal labor schedule.

Technological working conditions may be changed due to the commissioning of new equipment, changes in production technology, etc.

Secondly, the employer (company) must notify the employee in writing about the upcoming changes two months in advance.

If employees agree to continue labor relations in the new conditions, it is necessary to document this consent. Usually, on the notification, employees write that they agree, or a separate written agreement is drawn up, then additional agreements to labor contracts are drawn up.

After that, the change in essential working conditions must be enshrined in the relevant local acts of the employer. For example, if the work schedule changes, this is reflected in the Internal Labor Regulations; if the terms of remuneration and bonuses for employees change, adjustments are made to the Regulation on remuneration and bonuses. Organizational changes within the enterprise may lead to the need to change the Staff Regulations, department regulations, etc.

It is desirable that by the time of the conclusion of additional agreements to labor contracts, all local acts with the amendments made to them have been prepared.

If the employee does not agree to the proposed significant change in working conditions, it is required to offer him in writing another job corresponding to his qualifications and state of health. If there is no such job, the employee is offered a vacant lower position or a lower-paid job, taking into account his qualifications and state of health.

In this case, the following documents are required:

Regulatory act on changing the organizational or technological working conditions;

Written proposals for transfer to another job: a proposal to continue working in new conditions, an offer of another job corresponding to the qualifications and state of health of the employee, or, in the absence of such a position, a vacant lower-paid job or a lower position that the employee can perform taking into account his qualifications and state of health ;

The employee's statement of disagreement with the transfer at the first proposal of the employer;

The employee's statement of consent to transfer at the second proposal of the employer;

If the employee does not agree to such a transfer, then he can be dismissed on the basis of clause 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

If the employee refuses to continue working on a part-time basis, the employment contract is terminated on the basis of clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

According to the Labor Code of the Russian Federation, changes in the essential conditions of the employment contract cannot be introduced that worsen the position of the employee in comparison with the terms of the collective agreement, agreement, therefore, before introducing, for example, new methods of motivation, entailing a change in essential working conditions, it is necessary to amend the collective agreement. Unfortunately, the procedure for changing the collective agreement is not properly regulated by the Labor Code of the Russian Federation, in this regard, it is desirable that the text of the collective agreement contains as little detail as possible. It is much easier to make changes to the Internal Labor Regulations, Regulations on Remuneration and Bonuses, so they can consider in more detail the issues of personnel motivation.

Another reason for making changes to the employment contract may be the transfer of an employee who, in accordance with a medical opinion, needs to provide another job that is not contraindicated for him for health reasons.

Written consent for translation is required in this situation. If the employee refuses to agree to such a transfer, the employer is obliged to stop working

relations with this employee in accordance with clause 8 h. 1 of Art. 77 of the Labor Code of the Russian Federation.

When an employee is transferred who, in accordance with a medical certificate, is required to provide another job, to another permanent, lower-paid job, this employer retains his previous average earnings within one month from the date of transfer, and in case of transfer due to work injury, occupational disease or other damage to health related to work - until the establishment of a permanent loss of professional ability to work or until the employee recovers. After this period, the work of the person transferred in accordance with the medical report is paid in accordance with the terms of payment for the work performed after the transfer (Article 182 of the Labor Code of the Russian Federation).

Work injury Occupational Illness, other damage to health related to work is an independent basis for providing the employee, in accordance with the medical report, with other lower-paid work. Translation in this case can be either permanent or temporary.

If an employee is ill, injured, not related to work at this enterprise(for example, a domestic injury), then in this case his average earnings are kept for him within one month from the date of transfer. To complete the translation, the following documents are required:

A medical certificate confirming the health status of the employee and the ability to perform certain work;

Proposal for transfer to another job (in writing);

Employee's statement of consent to transfer (in writing);

Supplementary agreement to the employment contract.

Significant changes in the employment contract may be associated with the transfer of an employee to another job due to a reduction in the number of employees or the number of employees. The reason for the reduction may be the implementation of measures that allow you to carry out the usual amount of work with a smaller number of employees; actual decrease in the volume of work (lack of sales of products, customers, etc.); change in the direction of the employer, etc.

This decision is made by the employer independently.

When carrying out measures to reduce the number or staff of employees, the employer is obliged to warn the employee about the upcoming reduction and offer the employee another existing job (vacant position) at the same enterprise, corresponding to the qualifications of the employee. In the absence of such work, the employee should be offered another job at this enterprise.

To transfer an employee to another position in connection with a reduction in staff or number, the following documents are drawn up:

The order on the implementation of measures to reduce the staff or the number of employees;

Notice of upcoming dismissal;

Proposal for transfer to another job;

Employee's statement of consent to transfer;

Supplementary agreement to the employment contract.

The notice of the upcoming dismissal is drawn up in writing and announced to the employee at least two months before the upcoming dismissal. The same document may contain a proposal for a transfer to another job. The employee must be familiarized with this notification against receipt.

The employee must be offered all the vacancies available to the employer, and not only in the same structural unit.

Proposal for new job must re-enroll on the day of warning of the upcoming dismissal, since the employee has the right to be transferred to a vacant workplace, and by the time of dismissal, the employee's opinion about a particular job may change or the employer may open new vacancies.

If it is impossible to transfer the employee with his consent to another position, the employment contract with him is terminated.

Employee transfers, entailing changes in employment contracts, can also be associated with a promotion, transfer to another structural unit, a change in the type of work due to advanced training, etc. When making a transfer, the document can be a personal statement of the employee with a request for transfer with a visa of the relevant manager. When moving within a structural unit, this can be a memo of the head of the unit with a justification for the reason for the transfer.

Temporary transfers are carried out in case of production necessity (for a period of up to one month) to work that was not stipulated by the employment contract. A temporary transfer does not require an additional agreement, only an order is issued in unified form N T-5 or T-5a, in which the line "Amendment to the employment contract" is not filled in, but the initiative document on the basis of which the transfer was made is indicated.

The supplementary agreement to the employment contract, fixing the change in essential working conditions, is drawn up in two copies, each of which is signed by the parties.

One copy of the supplementary agreement is handed over to the employee, the other is kept by the employer, the term of its storage at the enterprise is 75 years. An additional agreement is drawn up by analogy with an employment contract, it provides the following details:

Document's name;

Date and number;

Place of signing;

Information allowing to identify the parties to the contract;

Changing an employment contract is a rather complex undertaking that one has to deal with relatively often. It is controlled by various norms of labor law, therefore, it is possible to change the terms of the contract only if you follow a certain legislatively established procedure. To know what you need to be prepared for if you receive a notification about a change in the conditions of the labor city, as well as in what order this aspect is performed work activities, you need to deal with each step of this process in order.

Change of an employment contract and the basis for it

Changing the terms of the employment contract implies the introduction of amendments to the existing and duly formalized legal relationship. A similar process is possible and established by law - this is stated in Ch. 12 of the Labor Code of the Russian Federation. There are also established four main types of changes to the terms of the contract:

• Transfer to another position or another structural unit;
• Changes to the terms of the employment contract determined by the parties;
• The enterprise is undergoing structural organizational changes, such as changing the person who owns the property of the organization;
• The head of the company decided that one of the employees should be removed from work.

In case of dismissal of an employee, no changes are made or drawn up directly to the text of the employment contract.

Changing the terms of the employment contract by agreement of the parties

Usually, in order to amend the terms of an employment contract, it is necessary to obtain the consent of both parties who signed this document. But in some individual cases, it is also possible to change the terms of the employment contract on the initiative of the employer. He can independently change the conditions if the used equipment has changed at the enterprise, new technology or there is a structural reorganization in production. The only thing that the employer cannot change in this case is what functions the employee performs in his position.

When it becomes necessary to change the conditions prescribed in the employment contract, the head of the enterprise is obliged to notify the employee about this in writing. Such a notification has a minimum period - it is equal to two months before the changes indicated in it take effect.

In Art. 306 of the Labor Code of the Russian Federation states that if the terms of the contract change natural person, then this period is different. They are required to notify their employees in writing about the upcoming changes two weeks in advance. These notices should include not only a statement that the terms have changed, but why they have changed. Any change that is going to be made to the terms of the employment contract must have a good reason.

Sometimes an employee, having familiarized himself with the new conditions, may refuse to work after their implementation. In this case, the head of the enterprise must offer the person a different position in writing. This can be either a vacant place of work or a position that will correspond to the employee's qualifications. Also, the employer can offer a position that is lower in the hierarchy of the organization or is paid lower - the main thing is that it is free. And he is obliged to offer the employee all the vacant positions that he has on this moment... And if this is possible under the terms of a collective agreement or other similar agreement, then the head of the enterprise can give the employee the right to choose among the vacancies that are located in another locality or structural unit.

But sometimes it happens that there is no agreement between the employee and the employer on this issue. Perhaps the head of the enterprise does not have vacant positions, or those that exist did not suit the employee. In this case, as indicated in clause 7 of part 1 of article 77 of the Labor Code of the Russian Federation, the employment contract is terminated, the employee is paid his compulsory dismissal benefit.

What does the process of changing an employment contract at the initiative of the employer look like?

In order to make changes to the essential conditions of the employment contract on the initiative of the employer, he must have sufficiently weighty reasons for this. The head of the enterprise can change the work contract in two cases - the whole company, or one of its branches, has undergone major changes in the structure itself, or if there have been significant changes technical process production. And even in this case, the employer cannot change the labor function of the worker.

Under the changes organizational type the following changes are implied:

• One or more structural units organizations were divided, or vice versa, merged.
• The company has liquidated one of its branches or representative offices.

Under the change technical conditions labor, most often changes that affect technology or production technology itself are affected. Both of these factors are frequently updated, new units are introduced that require appropriate training, or the way goods are produced changes.

The legislation has a separate procedure that allows for such changes. It is conventionally divided into several stages.

1. The first stage - the head of the enterprise determines which of the employees will be affected by the technical or organizational changes introduced in production. At the same stage, he analyzes the text of the employment contract itself and determines which parts need to be changed.
2. The second stage - the decision on the change has been made and the head of the enterprise begins to notify employees in writing that it will soon come into force.
3. If the employee does not give his consent to work in new, changed conditions, then a third stage appears in the procedure. The employer begins to offer the employee available vacancies.
4. And the last, fourth stage is the amendment and termination of the contract. The employee never found a position that would suit him, and he does not want to work under the new conditions. This means that the employer, using the conditions prescribed in paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, terminates the contract and pays dismissal benefits.

Change of an employment contract at the initiative of an employee

An employee can also act as a person initiating an amendment to an employment contract. In particular, he has the right to write a statement to the employer with a request to change any of the working conditions. This statement and possible changes may apply to any aspect of the employment relationship, in particular:

• Systems of remuneration and salary, wage rate or ratios.
• Working hours and work schedule.
• Labor regime.
• Places of performance of labor duties.
• Immediate job responsibilities and performance standards.

At the same time, unilaterally making such changes is unacceptable. That is, the employee must in any case obtain the consent of the employer and then draw up a bilateral supplementary agreement to the employment contract.

The only situation when the employer is obliged to satisfy the employee's application for amending the employment contract at the employee's initiative is when such an application is sent by a pregnant employee. In particular, he does not have the right to refuse her to establish a reduced working day regime, however, he can accordingly change the mechanisms for calculating wages in proportion to the hours actually worked.

How does the employment contract change if the owner changes

A person who has just acquired ownership of an organization's property has the option to terminate work contracts with some employees. This is, first of all, the production manager. The chief accountant also falls under this right. The legislation gives three months for this procedure. The term begins to count from the moment the new owner has ownership rights to the property of the organization. These categories of workers, like any others, need to be compensated. Its size is set in clause 4 of Part 1 of Art. 81 of the Labor Code of the Russian Federation and it says that severance pay must be equal to at least three average salaries.

The person who has received the ownership of the organization can only fire those people who are listed above. No other employees of the company can be fired for this reason. But if they refuse to continue their work due to the fact that the owner of the organization has changed, then such workers can be dismissed in full accordance with paragraph 6 of Art. 77 of the Labor Code of the Russian Federation.

Also, the new owner may decide to carry out such a procedure as the reduction of the working staff. But he can do this only after he passes state registration transfer of ownership.

Other frequent cases of organizational changes that may affect the terms of the employment contract are changes in subordination or reorganization, merger or reorganization of the organization. This cannot be a sufficient reason to terminate the employment contract with any of the production workers who are undergoing organizational changes.

The legislation does not specify the exact period during which an employee can provide a new manager with a refusal to work in changed working conditions. This means that, in principle, an employee can submit this waiver at any time. But usually they use the same period given above - 3 months from the day the changes took effect.

Suspension from work

There are certain conditions under which the head of the organization is obliged to suspend an employee from work. This list includes the following cases:

In all of the above cases, the head of the organization has every right, and even is obliged, to remove the employee from work. The period of such suspension should be equal to the period that will be required to eliminate the difficulty that interferes with labor activity employee. And while the employee is suspended, he, of course, does not receive a salary, except in cases where the suspension is the direct fault of the employer.

An employee can be suspended from work for a longer period than two months. This can be done if the employee refuses to move to a new job or work under the amended terms of the employment contract. In this case, the employer can either dismiss him using clause 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation, or agree on a temporary suspension. The period of such suspension may be such as the parties to this conflict of interest can agree on. Typically, such removal from office takes no more than four months.

It is worth remembering that an employee who has been suspended from work has every right to go to court. In this case, he has the opportunity to prove that the actions of the manager were illegal and are a violation of his labor rights. If he proves that the head of the enterprise removed him from work without good reason, or if the procedure that was established was violated legislative regulations, then the person responsible for this will be found guilty. And given that for the entire time that the employee was suspended from work, he was not paid wages, the employer will be forced to pay everything that the wrong one did not receive.

Also, in addition to the payment of lost wages, the head of the organization and his closest assistants may be recognized as administrative offenders. And the most common reason why an employer can be found guilty of illegal suspension is that the boss used a reason for this that is not on the official list established by law. Still often among the mistakes made by employers in relation to suspension, there is a violation of the procedure.

Procedure for changing the terms of an employment contract

In any employment contract there are conditions that, in the overwhelming majority of cases, do not change. If we bring these conditions to general view, you get the following:

• The location of the enterprise where the employee will work. In the same column, the employer must specify the name of that structural unit.
• The functions that the employee will perform in the position. Usually a job has a wide range of responsibilities - this helps to save the employee from unnecessary work. And, in particular, from unfounded claims from the head.
• The date the employee started or will start working. This is a very important point, because from this moment the employee begins to receive wages.
• Conditions labor payments... This paragraph indicates under which system the employee will be charged wages and base salaries.
• If between the employee and the employer is concluded fixed-term contract, then it is necessary to indicate the period of its validity.

The rest of the terms of the employment contract can be changed in the course of work.

There are two main ways in which you can change the terms of the employment contract.

• If the agreement of all parties to the contract is reached.
• Initiated by the employer.

If the terms of the employment contract are changed through the initiative coming from both parties, then the procedure clearly established in the legislation must be followed.

• First, the parties who have reached an agreement must draw up and conclude an additional agreement to the contract. It will act as an addition to an existing document, which means there is no need to conclude a new one.
• It is necessary to draw up a document in two copies - both for the employee and for the employer, according to Art. 61 of the Labor Code of the Russian Federation.
• Using the concluded and executed additional document, the employer must sign an order, which will say which parties to the existing contract have been changed and how.

Even if the employee agrees with the proposed changes, but at the same time there is no signature on the additional document, and the order has not been issued, then the employee should not start work under the new conditions.

How the changes in the terms of the contract at the initiative of the employer are proceeding was described above. The employer issues an appropriate order for the company, sends a notification to everyone who is affected by these changes. Then - the employer receives a written consent or a written refusal, and in case of consent, an additional agreement to the contract is drawn up and an order is issued.

When the parties have agreed, all steps have been taken and the terms of the employment contract have been changed, the process still does not end. The fact is that such a change will affect not only the employee's work activity, but also other regulations, such as:

• Collective agreement;
• The rules governing the internal regulations of the enterprise;
• Accrual provisions wages, writing out bonuses and incentives.

After the changes have been made to the contract, and all documents have been signed, the head of the enterprise must obligatorily familiarize the employee with the updates that were made to these papers.

The written notice that will come to employees affected by the changes in the employment contract looks like this:

• The general essence of the changes being made;
• How will the existing order of the employee's work be changed;
• A clear indication of which paragraphs of the document will be changed.

Also, the head of the enterprise needs to draw up an official order stating that the changes take place and they will soon come into force. Such a document should contain data such as:

• The reasons that forced the boss to make changes to the existing document;
• An order stating that all changes made to the contract must be reflected in regulations local character;
• The date on which all changes will take effect.

The employer is obliged to notify the employee in writing no later than two months in advance of the upcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided by the Labor Code of the Russian Federation (for example, Article 306 of the Labor Code of the Russian Federation provides, what employer - individual notifies the employee of the change in the terms of the contract at least 14 days in advance).

With absence said work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation, with the payment of severance pay under Art. 178 of the Labor Code of the Russian Federation.

Grounds and procedure for changing an employment contract

The legislator provided for a specific basis for changing the employment contract in Art. 74 of the Labor Code of the Russian Federation. The employer can unilaterally change the terms of the employment contract (with the exception of the labor function) due to changes in the organizational or technological conditions of work... In this case, a change in the organizational working conditions means, as a rule, the structural transformations of the employer (amalgamation or division of structural units, liquidation of a branch or representative office, etc.). Changes in technological conditions usually consist in the improvement of technology and production technology, its re-equipment, and the improvement of the technological process. The legislator has provided for a special procedure for such a change, which can be conditionally divided into several stages.

At the first stage, the employer must determine which of the employees may be affected by the changes they make in the organization or work technology and what conditions of labor contracts should be changed (including the place of work and locality).

At the second stage, the employer is obliged to individually notify the relevant employees in writing about the upcoming changes in the terms of the employment contract, as well as the reasons that caused them, no later than two months, after which the parties conclude an agreement on changing the agreed conditions, and the employer must issue a corresponding order.

The third stage comes under the condition that the employee does not agree to work in the new conditions. In this case, the employer is obliged in writing to offer the employee another job available to him, as a rule, in the same locality (both a vacant position or job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health condition. The stage ends, like the previous one, with the conclusion of an agreement on changing the agreed conditions and its execution by order (decree).

The condition for the onset of the fourth stage is the impossibility of providing the employee with work that meets the requirements of the law, or his refusal to accept the offered work. In this case, the employment relationship is terminated in accordance with paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation.

Article 72. Changing the terms of the employment contract determined by the parties

Changes to the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to amend the terms and conditions of an employment contract determined by the parties shall be concluded in writing.

Article 74. Changes to the terms of the employment contract determined by the parties for reasons related to changes in the organizational or technological working conditions

In the event that, for reasons related to changes in the organizational or technological conditions of work (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they may be changed at the initiative of the employer, with the exception of changes in the employee's labor function.

The employer is obliged to notify the employee in writing not later than two months in advance of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided by this Code.

If the employee does not agree to work in the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

In the absence of the specified work or refusal of the employee from the offered work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.

In the event that the reasons specified in part one of this article may lead to mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed article 372 of this Code for the adoption of local regulations, to introduce a part-time (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time work, then the employment contract is terminated in accordance with paragraph 2 of the first part of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation.

The cancellation of the part-time (shift) and (or) part-time work week before the period for which they were established is made by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes to the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the employee's position in comparison with the established collective agreement, agreements.

General characteristics of the grounds for termination of an employment contract.

In Art. 77 of the Labor Code of the Russian Federation establishes general grounds for the termination of labor

contract: 1) agreement of the parties (Article 78 of the TKRF); 2) expiration of the term of the employment contract (clause 2 of article 58 of the Labor Code of the Russian Federation), except for cases when the employment relationship actually continues and none of the parties demanded their termination; 3) termination of an employment contract on the initiative of an employee (Article 80 of the Labor Code of the Russian Federation); 4) termination of the employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation); 5) transfer of an employee at his request or with his consent to work for another employer or transfer to an elective job (position); 6) the employee's refusal to continue working in connection with a change in the owner of the organization's property, a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the TKRF); 7) the employee's refusal to continue working in connection with a change in the essential conditions of the employment contract (Article 73 of the TKRF); 8) the employee's refusal to transfer to another job due to the state of health in accordance with the medical report (part 2 of article 72 of the TKRF); 9) the employee's refusal to transfer due to the relocation of the employer to another locality (part 1 of article 72 of the Labor Code of the Russian Federation); 10) circumstances beyond the control of the parties (Article 83 of the TKRF); 11) violation of the established by the Labor Code of the Russian Federation or other federal law the rules for concluding an employment contract if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

An employment contract can be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

In all cases, the day of dismissal of an employee is the last day of his work.

An employment contract can be terminated at any time by agreement of the parties to this contract (Article 78 of the TKRF).

In accordance with Art. 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon the expiration of its validity period, about which the employee must be warned in writing at least three days before dismissal: if the contract is concluded for the duration of a certain work, it is terminated upon completion of this work, if for a while fulfillment of the duties of an absent employee - with the release of this employee to work, if for the duration of seasonal work - after a certain season.

Termination of an employment contract at the initiative of the employer. Legal consequences of illegal dismissal.

Dismissal of an employee is a restriction of his right to work, therefore, it is allowed only if there are grounds provided for in the law. Article 81 Labor Code RF contains a list of cases of termination of an employment contract at the initiative of the employer.

Some grounds for termination of an employment contract (clauses 1, 2, 3, 5, 6, 11, 12 of Article 81 of the Labor Code of the Russian Federation) are general, i.e. can be applied to any workers. Clauses 4, 7, 8, 9, 10, 13 of Art. 81 of the Labor Code of the Russian Federation fix additional grounds applicable only to specific categories employees specified in these paragraphs, for example, to the head of the organization; to the chief accountant; to an employee directly serving monetary or commodity values; to an employee performing educational functions.

Depending on the presence or absence of the employee's fault, a distinction is made between guilty and innocent grounds for terminating an employment contract. As a rule, if there is no fault of the employee (clauses 1, 2, 3, 4, 12, article 81 of the Labor Code of the Russian Federation), then upon dismissal the employer must perform a number of actions.

The employer is obliged to notify employees personally and on receipt of the upcoming dismissal in connection with the liquidation of the organization, reduction in the number or staff of the organization's employees, at least two months before the dismissal (Article 180 of the Labor Code of the Russian Federation).

Upon dismissal on the grounds specified in paragraphs 2 and 3 of Art. 81 of the Labor Code of the Russian Federation, the employer must find ways to transfer the employee with his consent to another job. When deciding to reduce the number or staff of the organization's employees and the possible termination of employment contracts in accordance with paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to inform in writing the elected trade union body of this organization no later than two months before the start of the relevant events, and in case of mass dismissal - no later than three months.

When dismissing workers who are members of the trade union, under paragraph 2, sub. "b" clause 3 of Art. 81 of the Labor Code of the Russian Federation, the employer must take into account the reasoned opinion of the elected trade union body of this organization in accordance with Art. 373 of the Labor Code of the Russian Federation.

Dismissal in accordance with sub. "b" clause 3 of Art. 81 of the Labor Code of the Russian Federation must be preceded by certification. The employer must include a member of the commission from the elected trade union body in the certification commission.

In accordance with Art. 178 of the Labor Code of the Russian Federation, the employer is obliged to pay severance pay. Upon termination of the employment contract in connection with the liquidation of the organization (clause 1 of article 81 of the Labor Code of the Russian Federation) or a reduction in the number or staff of employees (clause 2 of article 81 of the Labor Code of the Russian Federation), the dismissed employee is paid severance pay in the amount of the average monthly wage. Upon termination of an employment contract due to inconsistency with the position held or work performed due to health conditions (subparagraph "a", clause 3 of Article 81 of the Labor Code of the Russian Federation), severance pay is paid in the amount of two-week average earnings.

If the employee is at fault (clauses 5-11, article 81 of the Labor Code of the Russian Federation), the employer can exercise his right to terminate the employment contract without observing the above conditions, i.e. dismissal on grounds that contain the employee's guilt occurs in a simplified manner: without warning, without taking into account the opinion of the trade union, without paying severance pay. An exception to this general rule is contained in Art. 82 of the Labor Code of the Russian Federation, stipulating that the dismissal of union members under paragraph 5 of Art. 81 of the Labor Code of the Russian Federation (for repeated failure to perform labor duties without good reason) is made taking into account the reasoned opinion of the elected trade union body of this organization.

Dismissal of employees on the grounds provided for in paragraphs 5-10 of Art. 81 of the Labor Code of the Russian Federation, are considered disciplinary dismissals. Applying the most severe disciplinary sanction, which is dismissal, the employer is obliged to comply with the terms and procedure for the application of disciplinary sanctions established by Art. 193 of the Labor Code of the Russian Federation. A written explanation must be requested from the employee before a disciplinary action is taken. Disciplinary sanctions (including dismissal for repeated failure to perform work duties without good reason; for absenteeism; for appearing at work in a state of alcoholic, drug or toxic intoxication; for committing theft at the place of work) is applied no later than one month from the day the offense was discovered. Disciplinary sanction cannot be applied later than six months from the date of the misconduct

Termination of an employment contract at the initiative of the employee and by agreement of the parties.

Termination of an employment contract at the initiative of the employee. If an employee expresses a desire to terminate relations with the employer, then regardless of the term of the contract concluded between them, he has the right to do so, subject to a written warning from the employer no later than 2 weeks. By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal. In cases where the employee's application for dismissal on his initiative (by on their own) due to the impossibility of continuing their work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of a collective agreement, agreement or the employment contract, the employer is obliged to terminate the employment contract within the time period specified in the employee's application. Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not made, unless another employee is invited in his place in writing, who, in accordance with federal laws, cannot be denied to conclude an employment contract. Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to give the employee work book, other documents related to work, at the written request of the employee and make the final settlement with him. If, after the expiry of the term for the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues. ... By agreement of the parties. For this reason, the employment contract can be terminated at any time. This applies to both a fixed-term employment contract (before its expiration) and an unlimited one. At the same time, it does not matter who the initiative to terminate the employment contract belongs to - the employee or the employer, the main thing is that the other side supported the initiative of the first party. Upon reaching an agreement between the parties, the employment contract is terminated within the period specified by the parties.

General rules for registration of termination of an employment contract.

Article 77. Common grounds termination of an employment contract

The grounds for terminating an employment contract are:

1) agreement of the parties (Article 78 of this Code); 2) expiration of the term of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and none of the parties demanded their termination; 3 ) termination of the employment contract on the initiative of the employee (Article 80 of this Code); 4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code); 5) transfer of an employee at his request or with his consent to work for another employer or transfer to an elective job (position); 6) the employee's refusal to continue work in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of this Code); 7) the employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code); 8) the employee's refusal to transfer to another job that is necessary for him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have an appropriate job (parts three and four of Article 73 of this Code); 9) the employee's refusal to transfer to work in another locality together with the employer (part one of Article 72.1 of this Code); 10) circumstances beyond the control of the parties (Article 83 of this Code); 11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code). An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Concept and types of working time.

Work time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the laws and other regulatory legal acts of the Russian Federation, relate to working hours. The following types of working hours are distinguished: normal, shortened, incomplete, overtime, night. Normal working hours- this is a statutory norm of working time, which must be observed by the parties to the employment contract (employee and employer), regardless of the form of ownership of the organization. The maximum normal working week for all employees who have entered into an employment contract should not exceed 40 hours. Abbreviated work time - this working time is less than 40 hours per week, but with full pay, it is established for the following categories: - for workers under the age of 16 - no more than 24 hours a week; - for employees aged 16 to 18 - no more than 35 hours per week; - for employees who are invalids of I or II groups - no more than 35 hours per week; - for workers at work with harmful or dangerous conditions - up to 36 hours a week; - for students in educational institutions working in their free time from 16 to 17 years old - 18 hours a week, up to 16 years old - 12 hours a week. With a shorter working day (by general rule) for the hours not worked by the employee, an additional payment is made based on the employee's average earnings. Part-time work... By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical report. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights. Work at night. Night time - time from 22:00 to 6:00. The duration of work (shift) at night is reduced by one hour without subsequent working off. The duration of work (shift) at night is not reduced for employees who have a reduced duration of working hours, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement. The duration of work at night is equal to the duration of work in the daytime in cases where it is necessary due to working conditions, as well as in shift work with a six-day working week with one day off. The list of these works can be determined by a collective agreement, local normative act. Not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons participating in the creation and (or) performance of works of art, and other categories of workers in accordance with the Labor Code and other Federal Laws. Women with children under the age of 3, disabled workers, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Of the Russian Federation, mothers and fathers raising children under the age of 5 without a spouse, as well as guardians of children of this age may be involved in night work only with their written consent and provided that such work is not prohibited by them due to health in accordance with the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night. The order of work at night for creative workers of cinematography organizations, television and video filming collectives, theaters, theater and concert organizations, circuses, the media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation can be determined by a collective agreement, local regulatory act or agreement of the parties to the employment contract. Each hour of work at night is paid at an increased rate compared to work under normal conditions (but not less than the amount established by laws and other legal regulations). Overtime work- work performed by the employee on the initiative of the employer outside the established working hours for the employee: daily work (shift), and in the case of summarized recording of working time - in excess of the normal number of working hours for the accounting period. Involvement of an employee in overtime work by the employer is allowed with his written consent in the following cases: 1) if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) during the working time established for the employee, if non-performance (non-completion) of this work may result in damage or destruction of the employer's property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people;

2) during the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the termination of work for a significant number of employees; 3) to continue work in the absence of a shift worker, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee. Engaging an employee to work overtime by an employer without his consent is allowed in the following cases: 1) when performing work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster; 2) when performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of centralized hot water supply systems, cold water supply and (or) sewerage systems, gas supply systems, heat supply systems, lighting, transport, communications; 3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency conditions, that is, in the event of a disaster or threat of disaster (fires, floods, hunger, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it. In other cases, overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization. Attraction to overtime work pregnant women, workers under the age of eighteen, other categories of workers in accordance with the Labor Code of the Russian Federation and other Federal Laws. Involvement in overtime work of disabled persons, women with children under the age of three years, is allowed only with their written consent and provided that it is not prohibited for them for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three years, must be informed against signature of their right to refuse overtime work. Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year

Peculiarities of attracting employees to the performance of labor duties for the established duration of working hours.

The concept and types of working time regimes, and the procedure for their establishment.

Working hours are the distribution of the organization's working time per day, week. The working time regime should provide for the duration of the working time (five days with two days off, six days with one day off, a working week with the provision of days off according to a sliding schedule), work with non-scheduled working days for certain categories of workers, the duration of daily work (shift), time the end and start of work, the time of breaks in work, the number of shifts per day, the alternation of working and non-working days, which are established by the collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation, other Federal Laws, 0 collective agreement, agreement. The specifics of the working hours and rest hours of transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation. Working hours are established by the Internal Labor Regulations, which are developed by the employer taking into account the opinion of the representative body of employees in accordance with Art. 372 TKRF. These rules can also be an appendix to the collective agreement of the organization. Flexible working hours. The work is carried out in a flexible working time mode, when the beginning, end or total duration of the working day is determined by agreement of the parties. At the same time, the employer ensures that the employee works out the total number of working hours during the corresponding accounting periods (working day, week, month, etc.). In these cases, overtime work on working days cannot be considered overtime work. Irregular working hours. Irregular working hours are a special mode of work. Under such a regime, individual workers may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. Irregular working hours can be applied to persons of administrative, managerial, technical and economic personnel; persons whose work cannot be counted in time; persons who allocate time at their own discretion; persons whose working time, by the nature of the work, is divided into parts of an indefinite duration. Such work outside of working hours is compensated by the provision of additional paid leave of at least 3 calendar days. Shift work-this work in two, three or four shifts. It is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided. When working in shift work, each group of workers must perform work during the established duration of working hours in accordance with the shift schedule. When drawing up a shift schedule, the employer takes into account the opinion of the representative body of employees. Shift schedules, as a rule, are an annex to the collective agreement and are communicated to employees no later than 1 month in advance. prior to their introduction. As a general rule, work for two shifts in a row is prohibited. Dividing the working day into parts... In some cases, at work (where it is necessary due to the special nature of work, and also if the intensity of work is not the same during the working day (shift)), the working day can be divided into parts so that the total working time does not exceed the established duration of daily work ... Such a division is made by the employer on the basis of a local normative act, adopted taking into account the opinion of the elected trade union body of this organization. Work in such conditions is compensated, as a rule, by increased pay, established by agreement of the parties.

The concept and types of rest time: general characteristics legal regulation.

In Art. 106 of the Labor Code of the Russian Federation says that the time of rest is the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. In the cited norm, for the first time in labor legislation, the definition of the time of rest is formulated. In Art. 106 of the Labor Code of the Russian Federation, it is defined in such a way that outside the boundaries of working hours, the employee is given the right to use all his free time in accordance with his interests. Article 106 of the Labor Code of the Russian Federation is one of the norms of labor legislation that enshrines and details the right to rest, which is established by Part 5 of Art. 37 of the Constitution. It should be noted that, establishing the right to rest as an inalienable right of everyone, Art. 37 of the Constitution stipulates that the right to rest is guaranteed not to all citizens engaged in one or another labor activity, but only to those working under an employment contract. Consequently, the employer, as a party to the employment contract, is obliged to comply with the established working hours, provide the employee with all types of rest and ensure the conditions for the employee to exercise the right to rest. Therefore, the duration of the rest time can be regulated both directly through the establishment of certain types of rest time and their duration, and by setting the duration of the working time and its boundaries. Collective agreements, agreements and local regulations of organizations may provide additional benefits (guarantees) to employees in terms of rest time. The provision of benefits can also be established in an employment contract with an employee. The only condition is that neither the acts listed above, nor the employment contract can provide for the deterioration of the norms established by labor legislation, collective bargaining agreements, and agreements.

Types of rest time: In accordance with Art. 107 of the Labor Code of the Russian Federation, the types of rest time are: breaks during the working day (shift); daily (inter-shift) rest; weekends (weekly uninterrupted rest); non-working days holidays; vacation.

The above article establishes a list of types of rest time. It primarily talks about breaks during the working day (shift), but in reality, the Labor Code of the Russian Federation provides for several types of breaks. These are, firstly, breaks for rest and meals, which are not included in working hours and are not paid (Article 108 of the Labor Code of the Russian Federation). Then, breaks are provided for certain categories of workers, which are included in working hours and are subject to payment (Article 109 of the Labor Code of the Russian Federation). These are the so-called special technological breaks, special breaks for heating and rest. Daily (between shifts) rest - these are between-shift breaks that last from the end of the work shift until it begins on the next working day (shift).

Weekly uninterrupted rest - time free from work, calculated from the moment of termination of work on the last working day of a calendar week until the beginning of work on the first working day of the next calendar week. Hence, weekends are included in weekly uninterrupted rest. Its specific duration depends on the type of work week, shift schedules and work organization. Holidays by their meaning are subdivided into non-working holidays (these are, as a rule, days dedicated to outstanding events) and others, for example, professional holidays, memorable days, which, as a rule, coincide with weekly days off. Vacation, like each of the types of rest time, should contribute to the restoration of strength and functional activity of the employee. The vacation is the longest of all types of rest and is intended to relieve fatigue accumulated during the year and fully restore working capacity.

Legal regulation of short-term types of rest time.

During the working day (shift), the employee must be given a break for rest and meals. The duration of such a break is at least 30 minutes and no more than two hours. At the same time, the time of this break is not included in working hours (part 1 of article 108 of the Labor Code of the Russian Federation) and it is not subject to payment.

The time for granting a break and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer (part 2 of article 108 of the Labor Code of the Russian Federation). The internal labor regulations of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization in the manner prescribed by Article 372 of the Labor Code of the Russian Federation for the adoption of such acts. For the most part, they are an annex to the collective agreement (Article 190 of the Labor Code of the Russian Federation).

In addition to breaks for rest and meals, special breaks with other designated purposes have been legally introduced as a rest time (Article 109 of the Labor Code of the Russian Federation). These breaks are included in business hours and are subject to payment.

The legislator in Article 109 of the Labor Code of the Russian Federation mentioned only a special break for heating and rest. Such a break should be provided to workers who carry out their activities in the cold season in the air or in closed unheated rooms, loaders engaged in loading and unloading operations.

The frequency and duration of heating breaks depends on the weather conditions at the work site. The duration and procedure for granting such breaks are established by the internal labor regulations.

Provisions on the specifics of the working hours and rest hours:

crew members of civil aviation aircraft of the Russian Federation;

for workers in charge of air traffic control of civil aviation of the Russian Federation - special technical breaks are introduced for these categories of workers. So, when working on the night shift, the air traffic controller should be given an additional break of one hour with the right to sleep in a specially equipped room. The time for granting breaks and their specific duration are established by the internal labor regulations of the organization.

The optimal duration of a break for rest during a work shift depends on the nature of the organization of the production process and working conditions.

The legislator used the concept of "additional break" in the Labor Code of the Russian Federation. Such a break should be provided for working women with children under the age of one and a half years to feed the child. It should be provided at least every three hours. continuous work lasting at least 30 minutes each. If a working woman has two or more children under the age of one and a half years, the duration of the feeding break is set at least one hour (Article 258 of the Labor Code of the Russian Federation).

At the request of the woman, breastfeeding breaks for the child (children) can:

join a rest and meal break;

in the summarized form, be transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction.

The procedure for granting such an additional break is established at the request of the woman, taking into account her wishes.

In addition to the listed types of breaks provided to the employee in the process of performing his labor functions, the employer may establish other breaks. For example, a break for industrial gymnastics, psychological relief. Such breaks of 10-15 minutes can return the employee to working condition, relieving fatigue and unnecessary stress.

The procedure for their provision, frequency, duration and inclusion (or non-inclusion) in working hours are determined by the internal labor regulations of the organization. At the same time, some employers equip rooms for rest and psychological relief for such short breaks provided to employees during working hours.

Daily (inter-shift) rest is a break in work in the period after the end of the working day (shift) and before the start of the new working day (shift). The duration of daily (international) rest is influenced by the work schedule and the length of the working day (shift).

For certain categories of employees, the minimum duration of daily (inter-shift) rest is determined by special regulations. For example, the Regulations on the specifics of the working hours and rest hours for workers of the floating composition of inland water transport vessels (approved by order of the Ministry of Transport of Russia dated 05.16.03 No. 133) established that the daily rest of these workers cannot be less than 12 hours (clause 18).

Features of legal regulation of weekends and non-working holidays. The procedure for attracting an employee to work on weekends and non-working holidays.

Article 111. Days off. All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are given two days off per week, with a six-day working week - one day off. The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. As a rule, both days off are provided in a row. For employers, whose suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week to each group of employees in turn in accordance with the internal labor regulations.

Article 112. Non-working holidays

Additionally, non-working holidays can be declared religious holidays in the manner prescribed by part 7 of Art. 4 of the Federal Law of September 26, 1997 N 125-FZ. Non-working holidays in the Russian Federation are: 1, 2, 3, 4, 5, 6 and 8 January - New Year's holidays; January 7 - Christmas; February 23 - Defender of the Fatherland Day; March 8 - International Women's Day; May 1 - Spring and Labor Day; May 9 - Victory Day; June 12 - Day of Russia; November 4 - National Unity Day.

If the weekend and non-working holidays coincide, the day off is transferred to the next working day after the holiday, with the exception of weekends that coincide with the non-working holidays specified in paragraphs two and three of the first part of this article. The Government of the Russian Federation transfers two days off from the number of days off that coincide with the non-working holidays specified in paragraphs two and three of part one of this article to other days in the next calendar year in the manner prescribed by part five of this article. Employees, with the exception of employees who receive a salary (official salary), are paid additional remuneration for non-working holidays on which they were not involved in work. The amount and procedure for payment of the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, labor contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are referred to expenses for the full remuneration of labor. The presence of non-working holidays in a calendar month is not a reason for reducing the wages of employees receiving a salary (official salary).

For the purpose of rational use of weekends and non-working holidays by employees, weekends may be postponed to other days by federal law or a regulatory legal act of the Government of the Russian Federation. In this case, the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the onset of the corresponding calendar year. The adoption of regulatory legal acts of the Government of the Russian Federation on the transfer of days off to other days during a calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the established day off.

Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays

Work on weekends and non-working holidays is prohibited, except for the cases provided for by this Code.

Employees are attracted to work on weekends and non-working holidays with their written consent if it is necessary to perform unforeseen work in advance, on the urgent completion of which the normal work of the organization as a whole or its individual structural divisions, an individual entrepreneur depends on.

Involvement of workers on weekends and non-working holidays without their consent is allowed in the following cases: 1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster; 2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property; 3) to perform work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency conditions, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

Involvement in work on weekends and non-working holidays of creative workers of the media, cinematographic organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, in in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, it is allowed in the manner prescribed by the collective agreement, local normative act, labor contract.

In other cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

On non-working holidays, it is allowed to carry out work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to service the population, as well as urgent repair and loading and unloading work.

Involvement in work on weekends and non-working holidays of disabled people, women with children under the age of three years, is allowed only if it is not prohibited for them for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three years, must be informed against signature of their right to refuse to work on a weekend or a non-working holiday.

Attracting employees to work on weekends and non-working holidays is carried out by written order of the employer.

The concept and methods of legal regulation of wages. Basic state guarantees for labor remuneration.

1. The concept of wages. Methods of its legal regulation The Labor Code distinguishes between the concepts of "wages" and "wages". Remuneration is a system of relations related to ensuring the establishment and implementation by the employer of payments to employees for their work in accordance with labor legislation and labor contracts. Wages are remuneration for work, as well as payments of a compensatory and incentive nature. Legal regulation of wages is carried out by two methods: state (centralized) and contractual. The state (centralized) method has a narrow scope, with its help the minimum level of legal guarantees in the field of labor remuneration is established, in particular, the minimum wage, northern allowances and regional coefficients, guarantee and compensation payments, wages in case of deviations from normal working conditions , as well as wages for public sector employees, the procedure for calculating average earnings. The contractual method is currently the leading method, it can be of two types: collective-contractual and individual-contractual. The collective bargaining method is expressed in regulation wages at the level above the organization through sectoral (intersectoral) tariff and other agreements, at the organization level - firstly, through a collective agreement (it may include issues related to the form, system and amount of remuneration, compensation, additional payments, indexation mechanism wages), and secondly, through local regulations (Regulation on bonuses, Regulation on payment of remuneration based on the results of work for the year, etc.). The individual-contractual method is expressed in the establishment of wage conditions in relation to a specific employee and their fixation in an employment contract with him. 2. The main state for the remuneration of workers. Principles of legal organization of remuneration and wages: discrimination in remuneration is prohibited; wages are paid depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed; the minimum wage of an employee cannot be lower than the amount of the subsistence minimum of a working-age person established by federal law; wages are subject to indexation due to the rise in consumer prices for goods and services; remuneration systems, the size of tariff rates, salaries, bonuses, and other payments to the organization (with the exception of budgetary payments) are determined independently and fixed in collective agreements, local regulations; wages are paid systematically

Legal regulation of the minimum wage and minimum wage.

The minimum wage is guaranteed in nature, it acts as a social standard and is established simultaneously throughout the territory of the Russian Federation by federal law. In Art. 133 of the Labor Code of the Russian Federation stipulates that wages should not be lower than the subsistence level of an able-bodied person. The subsistence minimum is the cost estimate of the consumer basket, as well as mandatory payments and fees. The consumer basket includes the minimum set of food products, non-food products and services necessary to preserve human health and ensure his life. It is determined by the main socio-demographic groups of the population in Russia as a whole and its constituent entities by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation on a quarterly basis on the basis of the consumer basket and data from the State Statistics Committee on the level of prices for food, non-food products and services, as well as the costs of mandatory payments and fees. The consumer basket and the value of the subsistence minimum are calculated for three main socio-demographic groups of the population: able-bodied citizens, pensioners, and children. The minimum wage is based on the subsistence minimum established for able-bodied citizens. The rule established by Part 1 of Art. 133 of the Labor Code, will be introduced by a special federal law, which will have to determine the procedure and terms for introducing such a minimum wage in stages, since it is impossible to do this in all sectors at once due to economic reasons. The right to receive the minimum wage arises for an employee only if he has fully worked out the standard of working time and fulfilled the labor standards (labor duties). The employee retains this right even if the working hours and labor standards are not fulfilled by the employee through no fault of his. The minimum wage is periodically revised taking into account the rise in the cost of living, changes in the minimum consumer budget and the socio-economic situation in Russia. Since May 1, 2002, the minimum wage has been set at 450 rubles. The minimum wage does not include additional payments and allowances, bonuses and other incentive payments, as well as payments for work in conditions deviating from normal, for work in special climatic conditions and in territories exposed to radioactive contamination, and other compensation and social payments. All of the listed additional payments must be charged in an amount not less than the established minimum wage. The minimum wage should be distinguished from the minimum wage rates, official salaries established in collective agreements, tariff agreements (sectoral, inter-sectoral, republican). They are always higher than the minimum wage determined by federal law. However, the minimum wage rates, official salaries have a narrower scope, referring to employees of either one industry, or one profession, or one organization.

The form of remuneration. Limitations on payment of wages in kind.

The main forms of remuneration are time-based and piece-rate.

Time-based is a form of remuneration in which the employee's salary depends on the actual hours worked and the employee's wage rate, and not on the number of work performed. Depending on the unit of accounting for hours worked, hourly, daily and monthly tariff rates are applied.

The time-based form of remuneration is of two types - simple time-based and bonus-based time.

With a simple hourly wage, the worker's earnings are determined by multiplying the hourly or daily wage rate of his category by the number of hours or days he worked. When determining the earnings of other categories of workers, the following procedure must be observed. If the employee has worked all the working days of the month, then the payment will be the salary established for him. If an incomplete number of working days has been worked in a given month, then earnings are determined by dividing the established rate by the calendar number of working days. The result obtained is multiplied by the number of work days paid for by the organization.

With time-bonus wages, a bonus is added to the amount of wages at the tariff, which is set as a percentage of the tariff rate. Bonuses are paid in accordance with the provisions on bonuses, which are developed and approved in each organization. The regulations provide for specific indicators and conditions of bonuses, under which the employee has the right to claim an appropriate bonus. These indicators include: fulfillment of production targets, saving raw materials, materials, energy, growth in labor productivity, improving the quality of manufactured products, mastering new technology and technologies, etc.

Piece-work wages are used when it is possible to take into account the quantitative indicators of the result of labor and normalize it by setting production rates, time rates, and standardized production targets. In the case of piecework, workers are paid at piece rates in accordance with the amount of products produced (work performed and services rendered).

Piecework wages have several systems:

Direct piece-rate - when the labor of workers is paid for the number of units of products they have made and work performed, based on fixed piece-rate rates established taking into account the required qualifications; piece-rate-progressive - in which the pay rises for overworking; piece-bonus - wages include bonuses for overfulfillment of production standards, achievement of certain quality indicators: delivery of work from the first request, no marriage, saving materials; indirect piecework - used to pay auxiliary workers (adjusters, pickers, etc.). The size of their earnings is determined as a percentage of the earnings of the main workers, whose labor they serve. 2. Limitations on the payment of wages in kind. The employer cannot give out all the employee's salary in kind. The amount of the non-monetary part is strictly limited by the Labor Code. However, like the types of property that can be used as remuneration. Moreover, the order also depends on the type of property used. accounting... Any property that is useful or suitable for the personal use of an employee can be issued against the salary. At the same time, Article 131 of the Labor Code of the Russian Federation prohibits the issuance of: alcoholic beverages, narcotic, toxic, poisonous and harmful substances, weapons and ammunition, bonds and coupons, IOUs. The part of the salary that is paid in kind should not exceed 20% of the total monthly salary (Article 131 of the Labor Code of the Russian Federation). If the value of the property that the employee asks to be given out to him as a salary is greater than this maximum, it is better to register the sale of the property. To do this, on the day of payment of wages for the value of the issued property, punch a cashier's check, and in the payroll the employee must sign for the entire amount. Then, according to the documents, it turns out that the employee acquired the property for cash, and the entire salary was given to him in cash. Payment of wages in kind can be recognized as unjustified if the employees are given goods at a cost that obviously exceeds the market value (clause 54 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2). In this case, the market price is recognized as the price of the goods at the time of payment of wages in the region where the organization is located. Limiting the list of grounds and amounts of deductions from wages. The procedure, place and terms of payment of wages. The employer's liability for violation of the terms of payment of wages

Limiting the list of grounds and amounts of deductions from wages.

The procedure, place and terms of payment of wages. The employer's liability for violation of the terms of payment of wages.

When paying wages, the employer is obliged to notify each employee in writing: 1) about the components of the wages due to him for the relevant period; 2) on the amount of other amounts accrued to the employee, including monetary compensation for the violation by the employer of the established deadline, respectively, the payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee; 3) on the amount and on the grounds for the deductions made; 4) about the total amount of money to be paid. The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations.

The salary is paid to the employee, as a rule, at the place where he performs the work, or is transferred to the bank account specified by the employee under the conditions determined by the collective agreement or employment contract. The place and terms of payment of wages in non-cash form are determined by the collective agreement or employment contract. Wages are paid directly to the employee, except in cases where another method of payment is provided for by federal law or an employment contract. Wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, labor contract. For certain categories of employees, federal law may establish other terms for the payment of wages. If the day of payment coincides with a day off or a non-working holiday, the payment of wages is made on the eve of this day. Payment for the vacation is made no later than three days before its start. The employer and (or) the representatives of the employer authorized by him in the prescribed manner, who have made a delay in the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code of the Russian Federation and other federal laws. In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. Suspension of work is not allowed: ■ during periods of the introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency; ■ in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security; ■ rescue, search and rescue, fire-fighting, work to prevent or eliminate natural disasters and emergencies; ■ in law enforcement agencies; ■ civil servants; ■ in organizations directly serving highly hazardous types of industries, equipment;

■ employees directly, in accordance with labor duties related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care). For violation by the employer of the established deadline for the payment of wages, vacation pay, payments upon dismissal and other payments due to the employee, the employer is obliged to pay them with payment of interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in effect at that time from amounts unpaid on time for each day of delay, starting from the next day after the due date for payment up to and including the day of actual settlement. In this case, the specific amount of monetary compensation paid to the employee is determined by the collective agreement or labor contract. In this case, employees have the right to demand compensation for moral damage. The Code of Administrative Offenses (Article 5.27) provides for administrative liability of officials for violation of the terms of payment of wages in the form of a fine from 5 to 50 times the minimum wage imposed by the State Labor Inspectorate, and in case of a repeated similar offense - disqualification for a period of 1 year up to 3 years. Criminal liability of the employer is also provided for the delay in the payment of wages. During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours. An employee who was absent during his working hours at the workplace during the period of suspension of work is obliged to return to work no later than the next working day after receiving a written notification from the employer about his readiness to pay the delayed wages on the day the employee leaves work.

Remuneration for labor in special conditions.

Article 146 of the Labor Code of the Russian Federation provides general rule on the increased amount of remuneration in cases where labor takes place in special conditions, which are understood as a set of factors of the working environment and the labor process that affect the performance and health of the employee. In the presented material, we will consider the special working conditions under which labor legislation provides for payment in an increased amount. The provisions of Article 146 of the Labor Code of the Russian Federation provide for general principle increase in wages under unfavorable conditions of employment, which is then disclosed in Articles 147, 148 of the Labor Code of the Russian Federation. Also in this article, the legislator identified 4 groups of special working conditions: hard work; work with harmful working conditions; work with hazardous working conditions; work in areas with special climatic conditions; work with other special conditions labor, which we will talk about further. Remuneration of workers employed in heavy work, work with harmful, hazardous and other special working conditions. According to Article 147 of the Labor Code of the Russian Federation, remuneration of workers engaged in heavy work, work with harmful and (or) hazardous and other special working conditions, is set at an increased rate in comparison with tariff rates, salaries (official salaries) established for various types of work with normal working conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor standards rights. The specific amounts of the increase in wages are established by the employer, taking into account the opinion of the representative body of workers in the manner established by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations, or by a collective agreement, an employment contract. Article 146. Remuneration in special conditions

[Labor Code of the Russian Federation] [Chapter 21] [Article 146] Remuneration for workers employed in jobs with harmful and (or) hazardous working conditions is increased. climatic conditions.

Remuneration for work in conditions that differ from normal.

The concept and types of guarantee payments and surcharges.

Compensation payments to employees.

Compensations are cash payments established to reimburse employees for costs associated with the performance of their work duties and other obligations provided for by law. 1. Compensation for business trips. A business trip is a trip of an employee by order of the employer for a specified period to carry out a business assignment outside the place permanent work... Business trips of employees whose permanent work is carried out on the road or has a traveling nature are not recognized as business trips (Article 166 of the Labor Code). When traveling on a business trip, the employer is obliged to reimburse the expenses: travel (there and back); renting a dwelling (paying for housing); expenses related to living outside the place of permanent residence (daily allowance); other expenses incurred by the employee with the permission or knowledge of the employer. 2. Compensation for moving to work in another locality shall be paid at the expense of the employer of the new place of work. These include the costs of moving the employee, his family members and transporting property (if the employer did not provide a means of transportation); daily allowance for travel time; costs of settling in a new place; "Lifting" in the form of a lump sum in the amount of a monthly salary at a new place of work. 3. Compensation for the use by the employee of personal property (tool, machine) in the interests of the employer, with his permission or knowledge, shall be paid for the depreciation of the used tool, devices, personal transport. The basis for payment is an order, which indicates the amount of payment. They are carried out once a month. 4. Compensation for the forced part-time. Taking into account earnings, the monthly compensation should not exceed the established minimum wage; it is paid from the employment fund of the production administration to those who previously worked full-time, and after transferring to part-time worked for less than two months. This compensation is paid for a maximum of six months.