How to make an urgent employment contract with a wardrobe? In which case, when counting overtime hours, work on holidays should not be taken into account
Quickly find an answer to the question of interest will help the alphabetic pointer placed at the end of the book.
The publication is addressed to the heads of organizations, personnel service specialists and anyone interested in labor law issues. In addition, it will help streamline and refresh knowledge in the field of labor legislation and personnel workshop by employees of personnel services, which are preparing for passing exams for a certificate of a specialist in the field of personnel management.
Here are some of the answers to the questions you will find in the Book "Labor Law":
For long, the employer should arrange an employment contract with the employee in the actual assumption of it to work?
With the actual assumption of an employee to work, the employer is obliged to arrange an employment contract with him in writing no later than three working days from the date of the actual assumption of the employee to work.
Part Two Art. 67 TC RF
Can the urgent employment contract with retirees by age? How to legally translate pensioners working on an indefinite labor contract for an urgent employment contract?
In accordance with the second part of Art. 59 of the Labor Code of the Russian Federation, the employment contract may be concluded with retirees by age.
Establishment of employment relations for a certain period without taking into account the nature of the work and the conditions for its implementation is allowed only with those pensionersthat for the first time or again (after dismissal) conclude an employment contract with this employer.
DefinitionArmed Forces of the Russian Federation of 03.10.2008 No. 89-B08-6
The law does not give the employer with the right to re-refline the employment contract concluded with the employee for an indefinite period, for an urgent employment contract (equally, how to terminate the employment contract) in connection with the achievement of the pension officer and the appointment of his pension.
Only those belong to pensioners by age Persons who have reached the retirement agein accordance with pension legislation Appointed pension by age (in old age).
A citizen who has reached the age needed for the appointment of age, but not acquired the right to her, or a pension that has not been appointed due to other circumstances, cannot be considered a pensioner and, therefore, is not among the persons with whom the urgent employment contract may be concluded on the basis of Paragraph third part of the second Art. 59 TK RF.
In the case when agreed to conclude a contract was given by the employee forcedly, he is entitled to challenge the legitimacy of concluding an urgent employment contract to the court of general jurisdiction. If the court on the basis of the study and evaluation of all the actual circumstances of the case will be established that the consent of the employee for the conclusion of such a contract is not voluntary, the Court applies the rules of the contract concluded indefinitely.
DefinitionConstitutional Court of the Russian Federation of 15.05.2007 No. 378-O-P
Are seasonal workers wardrobkers in clinics (work from September 15 to May 15)?
In accordance with the tariff-qualification characteristics on the general industry workers, utensils. Resolution of the Ministry of Labor of the Russian Federation of 10.11.1992 No. 31, the wardrobe performs such works as: receiving for the storage of outerwear, hats and other personal belongings from employees and visitors to the enterprise (institutions); ensuring the safety of stakeholders; issuance of an employee or a torton visitor with an indication of the storage room and the issuance of clothing and other things on the presentation of a token; content clean and order of dressing room; Rendering assistance to disabled and elderly visitors when stripping and dressing. Similar types of work List of seasonal works, appliances. By the decision of the People's Commissariat of the USSR of October 11, 1932 No. 185, * does not contain. Consequently, the wardrobes cannot be considered seasonal workers.
_________________
* This document is applied in cases where sectoral (inter-sectoral) agreements concluded at the federal level of social partnership, not taken or do not contain a list of seasonal work.
What individuals are subject to compulsory preliminary medical examination?
Preliminary medical examinations are required:
Juvenile;
art. 69, 266 TK RF, paragraph 2 of Art. 11 FZ on the basic guarantees of the rights of the child
Persons whose work will be directly related to the movement of vehicles - to determine the suitability of these employees to fulfill the necessary work and prevent professional diseases;
art. 213, 328 TK RF,p. 3 art. 25 FZ about railway transport
Athletes,
art. 348.3 TK RF.
Employees who will be occupied by hard work and on work with harmful and (or) hazardous working conditions (including underground work);
art. 213 TK RF, Art. 14 FZ on radiation safety of the population, Art. 14 FZ on the destruction of chemical weapons
Workers who are directly engaged in the work related to the service of electric power facilities;
p. 3 art. 28 FZ about electric power industry
Employees of food industry, catering and trade, water supply facilities, medical and preventive and children's institutions, as well as some other employers.
art. 213 TC RF
In what cases does the law prohibit the dismissal of the employee during its temporary disability and during the stay on vacation?
No dismissal of an employee during its temporary disability and during the period of vacation only in cases where the initiative to terminate the employment contract comes from Employer.
Grounds for termination of the employment contract at the initiative of the employer Named in paragraph 4 of the first Art. 77 TK RF.
The contract considers it terminated, and the employee - dismissed at the initiative of the employer in the cases specified in Art. 71 and 81 of the Labor Code of the Russian Federation (except for the case of liquidation of the organization or termination of the individual entrepreneur).
Part of the sixthart. 81 TK RF,LetterRural Labor dated September 05, 2006№ 1551-6 ("Official Documents ", 2006, No 41)
According to the Supreme Court of the Russian Federation, "an employment contract with the head of the organization cannot be discontinued under paragraph 2 of Article 278 of the Code during its temporary disability or spending on vacation."
The federal labor and employment service has the same opinion on this issue.
Paragraph 50.Letter Rostrud dated September 05, 2006№ 1333-6 ("Regulatory acts for accountant", 2006, № 19)
How to arrange an employee - a partner by a permanent employee (ie, the employee at the main place of work for the same employer)?
In the event that an employee - a part-time room wants to terminate the employment contract concluded on a part-time agreement, and conclude a new employment contract - "at the main place of work" of the same employer, it submits the appropriate application for dismissal at his own request, as a result of which the employment contract stops According to clause 3 of the first Art. 77 TK RF.
It is possible to terminate the employment contract with the employee - a part-time agreement by agreement, i.e. According to paragraph 1 of the first part of Art. 77 TK RF.
After the publication of the order of dismissal, the employee is a new employment contract (subject to all the rules established by the law) and an order for employment is published. After entering the employment entry record, the employer contributes information about the work of this employee from this employer to part-time (in the event that the employee expresses such a desire in a written statement). The grounds for making entries will be orders (orders) of the employer.
How to focus on the employee by agreement of the parties? Is the employer obligate in this case to pay employee any money in the form of a day off?
An employment contract (both an agreement concluded indefinitely and the urgent employment contract) may be anytime Terminated by agreement of the parties to the employment contract, i.e. According to paragraph 1 of the first part of Art. 77 TK RF.
Art. 78 TC RF
The contract is terminated in time defined by the parties. Annual agreement on the term and the foundation of dismissal is possible only with the mutual consent of the employer and the employee.
For the dismissal of the employee by agreement of the parties to any statements from the employee is not required. The mutual consent of the parties (employer and employee) with a written additional agreement to the employment contract, containing approximately the following text: "The parties came to the agreement: to terminate the employment contract No. __ from" __ "_____ ___ by agreement of the parties (paragraph 1 of the first part of Art. 77 Labor Code of the Russian Federation) "___" _______ 200__. (Here you need to indicate the termination date of the contract, which will be the day of the dismissal of the employee). "
By entering into such an agreement, the employer and employee, guided by part of the fourth century. 178 TK RF, may agree About paying the employee when dismissing the output allowance in the established amount, adding the above phrase with the words: "... with the employee's payment at the dismissal of the output benefit in the amount of ______ rubles."
The obligation of the employer on the payment of the existential benefits in the case of dismissal by paragraph 1 of the part of the first Art. 77 TC RF can Contained in a collective agreement.
Paragraph 20.Resolutions of the Plenum of the Armed Forces of the Russian Federation № 2
Do you need to make orders if you need to attract an employee to work over the time of hours on a particular working day (provided that in his workforce has a non-normalized working day)?
Conditions for attracting workers to work outside the normal duration of working time when it is established by the mode of the non-normalized working day (a list of officials with the right to issue orders; the order form; exemplary cases, upon whose occurrence, an employee can be attracted to work outside the working time) must be regulated Local regulatory acts - in particular, the rules of the internal labor regulation.
In which case, when calculating overtime hours, work on holidays should not be taken into account?
When calculating overtime hours, work on the holidays, produced above the working time rate, should not be taken into account because it is already paid in a double size (clause 4 of the clarification of the USSR State Prospect, the Presidium of the CPSS from 08/08/1966 No. 13 / P-21, app . Resolution of the USSR State Protection Commerce, the Presidium of the WCSPS of 08.08.1966 No. 465 / P-21 "On Approval of Clarification No. 13 / P-21" On compensation for work on holidays ").
By the decision of the Supreme Court of the Russian Federation of November 30, 2005, the statement of GKPI 05-1341 The application for inviting paragraph 4 is left without satisfaction, because The contested provisions of the regulatory legal act do not contradict the current labor clook of the Russian Federation and do not violate the rights of employees to receive wages depending on the number and quality of labor spent.
What does the concept of "simple" mean? How is idle time paid?
Simple is a temporary suspension of work for the reasons for an economic, technological, technical or organizational nature.
Part of the thirdart. 72.2 TK RF
Downtime due to the fault of the employer is paid in the amount of not less than 2/3 of the employee's average wage.
Downtime for reasons independent of the employer and employee is paid in the amount of at least 2/3 tariff rates, salary (salary)calculated in proportion to idle time.
Downtime due to employee not paid.
Parts first - Third Art. 157 TC RF
How to calculate the day of stay on a business trip (if you left 8-00 in the morning and arrived in 1-30 nights)? What regulatory document is spelled out?
Happy leaving on a business trip The date of departure of the train, aircraft, a bus or other vehicle is considered from the place of permanent job of the commaed, and the day of arrival from the business trip - the arrival date of the specified vehicle in the place of permanent operation. When sending a vehicle to 24 hoursincluding the day of departure on a business trip Current day, and from 00 hours and later - subsequent days .
If the station, a marina or the airport is located below the location of the settlement, takes into account the time required to travel to the station, pier or airport.
Similarly, the day of the arrival of the employee in the place of permanent work is determined.
Consequently, in the described case, the employee was on a business trip 2nd (left at 8 am of this day and arrived at 1-30 next day).
Paragraph 4on official business trips
Is it possible to attract to the material responsibility of the former (dismissed) employee?
Termination of the employment contract after damage does not entail the liberation of the Parties of this Treaty from Material Responsibilityprovided for by the TK RF or other federal laws.
Part of the thirdart. 232 TK RF.
Under what conditions does a person who applies to work in the organization as a driver can be accepted for this work?
Employees employed directly related to the movement of vehicles must pass professional selection and vocational training in the manner established by the federal executive body that performs functions to develop public policies and regulatory transport in the field of transport.
Part oneart. 328 TC RF
The person who applies to work in the organization as a driver can be accepted for this work provided:
Having a driver's license for the right to control the vehicle of the relevant category;
Availability of a document on the passage of the medical examination;
Compliance of its qualifications, work experience and other professional characteristics with the requirements established for a specific type of transport.
In order to verify the driver's conformity of the work entrusted to him on the safe implementation of a specific type of transport, it can be accepted with probation In accordance with the current legislation on labor.
Clause 3.1.1 Regulations on ensuring road safety in enterprises, institutions, organizations carrying out the transport of passengers and goods, approved. Order of the Ministry of Transport of Russia of 09.03.1995 № 27
Is it possible to record work on part-time work in the employment record?
Part-time information is made to the employment record of the employee at the place of main work and only at his request (expressed in a written statement), - on the basis of a document confirming the part-time work (as a rule, certificates (or certificates), indicating the dates and numbers of orders for reception and dismissal, signed by the head of the organization or the person authorized by him, copies of orders or extracts from orders (certified) or employment contract concluded with the condition of part-time work).
Art. 66 TC RF
If the worker refused to perform work in case of violation of labor protection requirements, can it be attracted to disciplinary responsibility?
Employee's refusal from work in the event of a danger to his life and health due to violation of labor protection requirements or from difficult work and work with harmful and (or) hazardous working conditions not provided for by the employment contract, does not entail him to bring it to disciplinary responsibility .
Part Seventh Art. 220 TC RF
Refusal to perform work when translated under the observance of the law is recognized as a violation of labor discipline, and the nebid to work - a skip. It should be borne in mind that due to paragraph of the fifth part of the first Art. 219, parts of the seventh century. 220 TK RF employee cannot be subjected to a disciplinary recovery for the refusal of work in the event of a danger to his life and health due to violation of labor protection requirements, except in cases provided for by federal laws, to eliminate such hazards or from performing hard work and work with Harmful and (or) hazardous working conditions not provided for by the employment contract. Since the TK RF does not contain the rules prohibiting the employee to use the named right and then when the implementation of such work is caused by the translation on the grounds specified in Article 72.2 of the Labor Code of the Russian Federation, the refusal of the employee from temporary transfer to another work in accordance with Article 72.2 of the Labor Code of the Russian Federation for the reasons mentioned above is reasonable.
Paragraph 19.DecisionsPlenum of the Armed Forces of the Russian Federation № 2
Is it possible to pay benefits to the former employee who has lost its dismissal after dismissal, as well as the person, the employment contract with which was canceled?
Temporary disability allowance is paid to insured persons not only when the occurrence of insured cases during the work on the employment contract, the implementation of official or other activities during which they are subject to compulsory social insurance, but also in cases where disease or injury Coming:
Within 30 calendar days from the date of termination of the specified work or activity;
In the period from the date of the conclusion of the employment contract until the day of his annulment.
Part 2 Art. 5 FZ on mandatory insurance in case of temporary disability and due to motherhood
Are allowances for temporary disability, pregnancy and childbirth, care for child external parties?
In the event that the insured person is employed in several insurers, temporary disability benefits, pregnancy and childbirth are appointed and paid to him by insurers for all work sites (services, other activities), and a monthly child care allowance - insured at one place of work (service, other activities) on the choice of the insured person.
Part 2 Art. 13FZ on compulsory insurance in case of temporary disability and due to motherhood
How should I do with the workbook in the case when on the day of the termination of the employment contract to issue an employee's workbook is impossible due to its absence?
In the case when, on the day of termination of the employment contract, it is impossible to issue an employee's labor book in connection with its absence or refusal to obtain it, the employer is obliged to send the employee a notice of the need to appear for the workbook or give consent to sending it by mail.
Art. 84.1 TK RF.
In the event that the employee's dismissal (termination of the employment contract) is impossible to issue a labor book in connection with the lack of an employee or his refusal to receive an employment record person, the employer sends a notice to the employee who needs to appear for the employment record or give consent to sending it by mail. Shipment of workbook by mail at the address specified by the address is allowed only with its consent.
Paragraph 41 of the rules of working books
It would seem that the wardrobe is such a modest and insignificant profession. However, without her work it is difficult to imagine many institutions, theaters, restaurants, libraries, concert halls, etc. This profession is already so traditional and familiar, which is difficult to imagine our modern world without it.
As you know, the task of the wardrobe is the issuance and reception of the outerwear in the wardrobe. The work is very similar and pretty simple, although the salary is rarely high. Often, retirees choose the wardrobe in Moscow. After all, it does not require special concentration, does not imply high psychological, mental and physical exertion. Required qualities also do not represent, basically, nothing special. The wardrobe must know the rules for paperwork, which should be issued in the event of a loss of tokens, the rules for the storage and reception of personal belongings. In ads of the type "Requires a wardrobe in Moscow" from personal requirements, such as sociability, hard work, care, accuracy are indicated from personal requirements.
As a rule, among the main duties of the wardrobe, receiving storage of shoes, hats, outerwear and other personal belongings from visitors to the institution and its employees, the issuance of a token, and, after, and the storage of things under the presentation of a token. Also, the task includes content in the order and purity of the wardrobe room, ensuring the safety of things. By the way, in the presence of sufficient education, career growth in the administrative line can be possible. However, in order to get a job in the wardrobe, it is often not necessary to have education and experience.
Wage level
The histogram depicted a change in the level of average wage profession of the wardrobe in Moscow:
Number of vacancies Profession Choice Book in% on salaries in Moscow:
Look for work with trud.com
If you wish to get a job on this or any other specialty, quickly and successfully find it, then we are pleased to inform you that you are on the right track. After all, our portal "Labor" is created just in order to help applicants come close to the desired work. Namely, we help to find a maximum of current ads suitable for visitor requests. No matter if you want to find a job by a chemist, a dancer, or, maybe a wardrobe, you will definitely find at least some attractive job options. After all, "work" collects all the latest vacancies from many reliable Russian and Ukrainian employment sites. It is this approach to the collection of information that provided us with an impressive database of admission ads, which has hundreds of thousands of proposals.
We need your help again. There are doubts how to register the reason for the urgent contract to the wardrobe. Is it a seasonal job? But it can be done not only during the season, and at our desire and constantly. Or is it obviously a certain job? But we define its completion of a specific date. If you take the line of article 59 higher - "work in the organization created on a deliberately defined period or to fulfill certainly specific work" - confuses that the keyword is the word "organization".
Answer
The answer to the question:
All cases of imprisonment of an urgent employment contract are indicated in Art. 59 TK RF (see).
The expert shares important information about urgent employment contract in the material link.
The work you specified is not seasonal, since it is not named in the list.
The foundation "With persons entering the organization, created on a deliberately defined period or to fulfill certainly a certain work," is a different independent basis for the conclusion of an urgent employment contract. The word "organization" here should be understood as a "legal entity". This basis applies when the organization was created for a certain period, and to achieve the goals for which it was created, employees are accepted under an urgent employment contract. The term of employment contract is determined by the period for which such an organization has been created. This reason does not suit you.
Details in the framework of the personnel system:
Directory: Seasonal work
Seasonal work - Works that, due to climatic or other natural conditions, are performed during a certain period (season), not exceeding, as a rule, six months. Lists of seasonal work and their maximum duration are determined by federal sectoral (inter-sectoral) agreements. This follows from the Labor Code of the Russian Federation.
Currently, industry (inter-sectoral) agreements concluded at the federal level is not. Therefore, for the definition of seasonal works, you can use lists approved by the RF Government Resolutions, and.
With respect and wishes for comfortable work, Valentina Yakovlev,
expert system of personnel
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