Labor relations arise in connection with. Labor relations: (concept, parties). All types of legal relations can be conditionally divided into

15.03.2020

Vazyagina A.S.

The concept, features, subjects and content of the labor relationship in modern legislation

There are many different relations in society - economic, political, legal, moral, spiritual, cultural, etc. Human society itself is a set of relations. All types of emerging relations between individuals and their associations are public (social) relations.
Law, regulating certain social relations, gives them legal form, as a result they become legal.
A legal relationship is a social relationship regulated by the rules of law, the participants of which are bearers of subjective rights and obligations.

Legal relations are regulated by the norms of various branches of law, including labor law, such legal relations are understood as settled labor law labor and derivatives from them, directly related to them, relations on the labor of workers, i.e. this legal connection subjects of labor law.

Article 1 Labor Code The Russian Federation determines the subject of regulation of labor law - this is, first of all, labor relations and other relations directly related to them.

Labor relations in a society reflect the nature of the production relations of a given society, since they are a volitional part of production relations. The relations of production are complex, they consist of relations of ownership of the means of production, relations of distribution, exchange, production management and labor relations. Industrial relations arise and objectively exist independently of the will of the citizen, in contrast to labor relations.
The greatest merit in the study of the theory of labor relations belongs to N.G. Alexandrov.

In his monograph "Labor Relations" N.G. Alexandrov in the following way defined the concept of "labor relationship": it is "expressing comradely cooperation of people free from exploitation, a legal relationship in which one party (the worker) is obliged to use his labor force, joining the personnel of the enterprise (institution, economy) and obeying the internal labor regulations of the latter, and the other party is obliged to pay remuneration for labor and to ensure conditions for the performance of work that are safe for the health of the worker and favorable for labor productivity.
Labor relations, according to another prominent scientist in the field of labor law, L.Ya. Gunzburg, can be defined as a legal expression of relations arising from labor cooperation, it connects at least two persons: an employee and an enterprise; the signs of "freedom" and "equality" constitute an integral characteristic of the worker. The legal relationship is mainly property, authoritarian in nature and involves a well-known, specifically regulated normative fixation (in law, custom, collective agreement, etc.).

Professor K.N. Gusov defines an employment relationship as a voluntary legal relationship between an employee and an employer (organization), within which the employee undertakes to perform a certain labor function (according to the specified specialty, qualification, position) subject to internal labor regulations, and the employer - to pay for his labor contribution and create working conditions in accordance with the law, collective labor agreement.

Federal Law of June 30, 2006 No. 90 - FZ made significant changes to almost all articles of the Labor Code of the Russian Federation. Among other things, amendments were made to Article 15 of the Labor Code of the Russian Federation, which defines the concept of labor relations.
According to Art. 15 of the Labor Code of the Russian Federation, labor relations are relations based on an agreement between an employee and an employer on the personal performance by an employee of a labor function for payment (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work entrusted to the employee), subordination of the employee to the rules of internal labor regulations when the employer ensures the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract.

The Labor Code deals with labor relations, although, rather, it would be necessary to talk about labor rights relations, since these relations are regulated by the norms of labor law.
In fact, this definition contains all the main features of an employment relationship that distinguishes it from other relations related to labor.

One of the hallmarks of an employment relationship is inclusion of a citizen in the labor collective, as a result of which he becomes an employee of a particular organization, subject to the local regulations of this organization. The behavior of the subjects of labor relations is regulated by the internal labor regulations of this organization, to which they are obliged to obey, and since the internal labor regulations are a local normative act that is adopted by the employer in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation, they, therefore, express the will of the employer. Based on the above, the employee is subject to the will of the employer with the proviso that this will is limited by certain guarantees provided for by the current Russian legislation.

A feature of labor relations is that they are based on on a reimbursable basis. The employer is obliged to pay the employee for the work performed by him (through systematic, at least twice a month, payments) in an amount not lower than the minimum wage established by law.

The specificity of the employment relationship is that all the rights and obligations of the parties to the employment relationship are personal character. They are inextricably linked with the personality of the employee, who cannot replace himself in the performance of the labor function by someone else without the consent of the employer, just as the employer cannot replace the employee, without reason, by someone else.
Employment relationships are ongoing, that is, they exist regardless of the presence or absence of the result of the employee's work.

The concept of "labor relationship" is always the same, invariably in its subjects, content, grounds for occurrence and termination. Labor relations always have specific subjects and specific content. An employment relationship establishes a legal relationship between an employee and an enterprise. This relationship is always specific. It arises between a certain worker and a certain enterprise; when entering into an employment relationship, the labor function of the employee, the amount of remuneration for work, etc. are determined.

The subjects of labor relations are the employee and the employer. Art. 20 of the Labor Code of the Russian Federation defines the parties to labor relations as follows: “an employee is an individual who has entered into an employment relationship with an employer. Employer - an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In cases stipulated by federal laws, another entity entitled to conclude employment contracts may act as an employer. .

In order for a citizen or legal entity to have the opportunity to enter into an employment relationship, they must have labor legal personality. Employment legal personality includes labor legal capacity (the ability to have labor rights), labor legal capacity (the ability to exercise labor rights and obligations by one's actions) and labor tortiousness (the ability to be responsible for labor relations).

Labor personality is one of the elements of the legal status of subjects of labor relations, which is established by the current legislation for an employee upon reaching the age of 16. The legislator provides for exceptions to this general rule and allows, under certain conditions, the conclusion employment contract with persons over the age of 15 to perform light work in their free time from study. According to paragraph 3 of Art. 63 of the Labor Code of the Russian Federation, it is also allowed to conclude an employment contract with persons who have reached the age of 14, with the consent of one of the parents and the guardianship and guardianship authority, to perform light work that does not violate the learning process. The Labor Code of the Russian Federation contains a provision that allows concluding employment contracts with persons under the age of 14, subject to the consent of one of the parents and the guardianship and guardianship authority. In this case, the legislator strictly defines the circle of employers who have the opportunity to conclude employment contracts with such a category of workers (these are cinematography organizations, theaters, theater and concert organizations, circuses). Employees under the age of 14 may be involved in work only to participate in the creation and (or) performance (exhibition) of works without prejudice to health and moral development.

In addition to the age criterion, there is also the criterion of “physical condition”, that is, the physical ability of a person to enter into an employment relationship. However, the physical condition determines only the content of labor legal personality, since in fact the recognition of a person as a disabled person does not deprive him of the opportunity to work, but only limits his opportunities for employment in certain types of work.

The legal status of an employer depends on the type of employer (state or municipal enterprise, private entrepreneur, production cooperative, an individual who is not an individual entrepreneur) and is determined by law and its charter or regulation.

The labor legal personality of the employer - organization arises from the moment of creation, i.e., the entry by the state body of an entry in the Unified State Register of Legal Entities about this legal entity.

In order for the organization to be able to attract employees, the employer must approve the staffing table. Employees will be hired according to this staffing table.

In addition, the organization must form a wage fund in order to be able to pay wages to employees, remuneration for special merits, etc.
At budget institutions a prerequisite for the onset of labor legal personality is the approval of the staffing table and the opening of a payroll account in a bank.

In addition to labor legal personality, other elements of the legal status of subjects of labor relations are basic labor rights and obligations, legal guarantees of basic labor rights and employee duties, i.e. legal means, measures established by labor legislation for the optimal implementation of these rights and obligations and their protection, and liability provided by law for violation job duties.

According to the subject composition of the right can be divided into individual and collective. Individual rights include: the right to conclude, amend and terminate an employment contract; the right to provide work stipulated by the employment contract; right to workplace, corresponding to the state regulatory requirements for labor protection and the conditions stipulated by the employment contract; the right to timely and full payment wages; the right to rest; the right to complete reliable information about working conditions and labor protection requirements at the workplace; vocational training, retraining and advanced training; the right to compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage; the right to compulsory social insurance. Collective rights include: the right to association, including the right to form and join trade unions; the right to participate in the management of the organization; the right to conduct collective negotiations and conclude collective agreements and agreements through their representatives, as well as to information about the implementation of the collective agreement, agreements.

In his monograph "The legal status of an employee as a subject of labor law" V.V. Fedin expresses an opinion, with which one cannot but agree, that the right to protect one's labor rights, freedoms and legitimate interests by all not prohibited means and the right to resolve individual and collective labor disputes, including the right to strike, are of a special nature, since they can be both individual and collective .

In addition, rights can be divided into rights exercised within the framework of an employment relationship and rights exercised within the framework of a legal relationship directly related to an employment relationship. It is also possible to single out protective rights (the right to protect one's rights, freedoms and legitimate interests; the right to resolve individual and collective labor disputes; the right to compensation for harm and compensation for moral damage) and regulatory (all other rights).

Among the duties of an employee, the Labor Code identifies the following: conscientiously fulfill their labor duties assigned to him by an employment contract; observe the rules of internal labor regulations; observe labor discipline; comply with established labor standards; comply with the requirements for labor protection and ensuring labor safety; take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees; immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property).

All persons with whom an employment contract has been concluded have these statutory rights and obligations. They establish for them the limits of possible (right) and proper (duty) behavior in labor relations with the employer.

The rights and obligations of employees and the rights and obligations of the employer are inextricably linked, since the rights of the employee correspond to the obligations of the employer. Consequently, the duties of the employee correspond to the rights of the employer. The basic rights and obligations of the employer are contained in Article 22 of the Labor Code.

Among the rights of the employer, the Labor Code of the Russian Federation identifies the following: to conclude, amend and terminate employment contracts with employees; conduct collective negotiations and conclude collective agreements; encourage employees for conscientious efficient work; require employees to fulfill their labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees, compliance with internal labor regulations; involve employees in disciplinary and liability; adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs); create associations of employers in order to represent and protect their interests and join them.

The legislator has included in the obligations of the employer: to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and labor contracts; provide employees with work stipulated by the employment contract; ensure safety and working conditions that comply with state regulatory requirements for labor protection; provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; provide workers with equal pay for work of equal value; pay in full the wages due to employees within the time limits established in accordance with the Labor Code, the collective agreement, internal labor regulations, labor contracts; to conduct collective negotiations, as well as to conclude a collective agreement; provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation; to acquaint employees against signature with the adopted local regulations directly related to their work activities; timely comply with the instructions of the federal executive body authorized to conduct state supervision and control over compliance with labor laws and other regulatory legal acts containing labor law norms, other federal executive bodies exercising the functions of control and supervision in the established field of activity, pay fines, imposed for violation of labor legislation and other normative legal acts containing labor law norms; consider the submissions of the relevant trade union bodies, other representatives elected by employees about the identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report the measures taken to these bodies and representatives; create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement; provide for the everyday needs of employees related to the performance of their labor duties; carry out compulsory social insurance of employees; compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage; perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.

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

The subjective labor rights of employees are aimed at ensuring: actual employment with work in a particular specialty, normal working conditions and remuneration in accordance with its quality and quantity; labor honor and dignity of the employee.

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

Pretentiousness as one of the signs of the employee's subjective rights is ensured by the activities of other subjects (for example, the right to ensure safe and healthy working conditions, the right to demand careful treatment of the employer's property).
Another element of the content of labor relations are the obligations of the employee, enshrined in Art. 21 of the Labor Code of the Russian Federation.
Smirnov O.V. defined the labor duties of an employee as a set of due actions of employees related to the participation of their personal labor in the implementation of the tasks of the organization with which they are in labor relations.

According to the Labor Code of the Russian Federation (Article 91), an employee performs his labor duties in work time.
Labor law regulates an important aspect of social relations related to labor. It, unlike all other branches of law, one way or another affecting the relations of people and society at work, is aimed at guaranteeing the maximum number of guarantees for a person who provides his ability to work; labor law is aimed at protecting citizens when they perform work in the conditions of an individual labor relationship.

The current state of affairs in modern society, given the global economic crisis that also affected the Russian Federation, has affected the work of most companies. Employers who have suffered losses are trying to minimize their financial costs, including when it comes to attracting labor. Held public events on downsizing and layoffs. Many companies do not have the opportunity to pay employees the wages that were paid until recently. Employers who have retained the need to attract personnel are trying to avoid the need to provide social guarantees to their employees by using agency labor or by attracting citizens to work on the basis of a civil law contract. Highly skilled workers agree to go to work with a lower wage salary than they might have previously expected.

V.V. Fedin. Legal status of a worker as a subject of labor law: monograph. - M .: TK Velby, publishing house "Prospect", 2005.

Introduction

Chapter 1. The concept of an employment relationship

§ 1.1 The concept and features of the employment relationship

Chapter 2. The structure of the labor relationship

§ 2.1 Subjects of an employment relationship

§ 2.2 Object and types of labor relations

Conclusion

Introduction

Labor law, as one of the leading branches of Russian law, is subject to regulation, public relations in the most important sphere of society's life - in the sphere of labor. Since labor relations occupy an important place in the life of every modern person, this topic will always be relevant.

“In order for this or that social relation to take the form legal relationship, first of all, two conditions are required: firstly, it is necessary that the given social relation be expressed or could be expressed in acts of volitional behavior of people, and secondly, it is necessary that it be regulated by the will of the ruling class raised to law, i. the rules of law."

Yes, indeed, the general theory of law connects the legal relationship with the operation of the rule of law and defines it as a social relationship regulated by the rule of law. Proceeding from this, legal relations in the field of labor law are labor relations regulated by labor legislation and derivatives from them, closely related relations. All social relations that are the subject of labor law always act in real life in the form of legal relations in this area, i.e. they already have labor laws in place.

When writing this work, the goal was to consider the employment relationship in all its aspects. Firstly, the very concept of a legal relationship, its features and types, secondly, the structure of an employment relationship, which includes the rights and obligations of the participants in this relationship, thirdly, consideration of the subjects of an employment relationship, separately an employee, separately an employer, and finally, grounds for the emergence, change and termination of labor relations. All types of legal relations of labor law are volitional, i.e. arise at the will of the subjects of labor law. Each legal relationship is made up of elements: object, subject, content, grounds for occurrence and termination. By studying these concepts, we will understand the structure of the employment relationship. And, let's analyze in detail the main subjects of the labor relationship: the employee and the employer. We will also superficially touch upon other subjects of labor relations.

Any of the legal relations in the sphere of labor law arises, changes and terminates. In the fourth section, we will consider the legal facts, the specific grounds that underlie the emergence, change and termination of labor relations.

It is these problems that our course work is devoted to, in which we will try to most fully reveal such a topical topic as labor relations.

All of the above proves once again that the theme of our term paper very interesting for careful consideration. And we, as members of our society, will be interested in working with her.

Chapter 1. The concept of an employment relationship

§ 1.1 The concept and features of the employment relationship

In the system of legal relations, the main thing is the labor legal relationship, as it binds all other types of legal relations. Labor relations are "relations based on an agreement between an employee and an employer on the personal performance by an employee of a labor function (work in a certain specialty, qualification or position) for payment, the employee's subordination to the rules of internal labor regulations while ensuring that the employer provides working conditions provided for by labor legislation, collective contracts, agreements, employment contracts. The labor relationship actually acts as an employment relationship, since it is regulated by the rules of law.

Labor relations have some features that allow them to be distinguished from civil law relations related to the use of labor. Employment relations are inherent in a continuing nature, i.e. an employee, having concluded an employment contract (for an indefinite period or fixed-term), enters into legal relations to perform a specific labor function, and not a one-time task, which may be provided for by a civil law contract (contract, assignment). Having concluded an employment contract (and this is evidence of the emergence of labor relations), a citizen acquires the status of an employee and is included in the labor collective. The behavior of the subjects of labor relations is regulated by the internal labor regulations. In civil law relations related to the use of labor, a citizen performs a one-time task, in which the final result of labor is specified, at his own risk. At the same time, a citizen (contractor, performer) is not included in the labor collective and is not subject to internal labor regulations. As can be seen from the definition, the subjects of an employment relationship are the employee and the employer. Each legal relationship in the sphere of labor law has an independent content of the rights and obligations of subjects. The content of an employment relationship is the mutual labor rights and obligations of its subjects, defined by labor legislation, a collective agreement, agreements, and an employment contract. The labor relationship includes a number of rights and related obligations of the parties: working hours, rest time, remuneration, disciplinary liability, etc. The basic rights and obligations of an employee are provided for in Art. 21 of the Labor Code of the Russian Federation, and the basic rights and obligations of the employer - Art. 22 of the Labor Code of the Russian Federation. The volume and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

Article 16 of the Labor Code of the Russian Federation names the grounds for the emergence of labor relations. The legal expression of the will of the participants labor relations is an employment contract. For some categories of workers, a complex legal structure is established, which precedes the emergence of labor relations. In labor law, this complex legal composition is a set of legal facts that occur in a certain sequence: a competition and an employment contract, election to a position and an employment contract, etc. Complex legal structures include such procedures as election (elections) to a position (for example, the election of a university rector); competitive selection of the teaching staff; appointment or approval in a position (for example, appointment of judges or approval in a position by a higher management body of an employee entering a managerial position).

Employment relations can also arise on the basis of a job assignment by legally authorized bodies on account of an established quota, i.e. the minimum number of jobs for citizens who are in special need of social protection. For example, for all organizations, regardless of organizational and legal forms and forms of ownership, the quota is at least 2 and not more than 4% of the total number of employees, if the number of employees is more than 30 people.

A complex legal composition, which includes the issuance of a court decision on the conclusion of an employment contract and an employment contract, is the basis for the emergence of labor relations. This situation is possible in cases of illegal refusal to hire. The court may decide to conclude an employment contract when considering a claim for unjustified refusal to hire. Articles 3 and 64 of the Labor Code provide for the possibility of appealing against a refusal to conclude an employment contract. Thus, the decision of the court in this case is a law-forming legal fact.

The basis for the emergence of an employment relationship Art. 16, 61 and 67 of the Labor Code of the Russian Federation recognize the actual admission to work with the knowledge or on behalf of the employer (his representative). When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three days from the day the employee was actually admitted to work.

Contractual grounds (legal facts) are also characteristic of changes in labor relations. So, according to Art. 72 of the Labor Code of the Russian Federation, the transfer of an employee to another job is allowed only with the written consent of the employee. Transfer to another job at the unilateral will of the party to the employment relationship is possible only in cases strictly established by law (Article 74 of the Labor Code of the Russian Federation).

The grounds for termination of labor relations are both the agreement of the parties (Article 78 of the Labor Code of the Russian Federation) and the unilateral will of each of them (Articles 80 and 81 of the Labor Code of the Russian Federation). In a number of cases, the basis for the termination of labor relations may be the will (act) of a body that is not a party to the labor relationship (clauses 1, 2, 4, 5, article 83 of the Labor Code of the Russian Federation). The general theory of law connects the legal relationship with the operation of the rule of law and defines it as a social relationship regulated by the rule of law. Proceeding from this, legal relations in the field of labor law are labor relations regulated by labor legislation and derivatives from them, closely related relations. All social relations that are the subject of labor law always act in real life in the form of legal relations in this area, i.e. they already have labor laws in place. The types of public relations also correspond to certain types of legal relations in the field of labor law: to ensure employment and employment with a given employer; labor relations between an employee and an employer; on labor organization and labor management; for vocational training, retraining directly from the employer; social partnership relations; on the liability of employers and employees in the labor sphere; on supervision and control over compliance with labor legislation; procedural and procedural legal relations to resolve individual and collective labor disputes.

All types of legal relations of labor law are volitional, i.e. arise at the will of the subjects of labor law. Each legal relationship is made up of elements: object, subject, content, grounds for occurrence and termination.

The object of legal relations in the sphere of labor law is the results of labor activity, various socio-economic benefits that meet the requirements of the employee and employer. In protective legal relations, this is the protection of material interest and labor rights.

The subjects of legal relations in the sphere of labor, in addition to employees and employers, can be various participants: employment service bodies in legal relations to ensure employment; public authorities and local governments as social partners in social partnership legal relations; bodies of supervision and control in legal relations for supervision and control over compliance with labor legislation; jurisdictional bodies in legal relations to resolve labor disputes.

Any of the legal relations in the sphere of labor law implies the existence of specific grounds for the emergence and termination. The circumstances with which the legislation connects the emergence, change and termination of legal relations are called legal facts. For example, a legal relationship on employment arises between the employment agency and a citizen on the basis of such a legal fact as a citizen's application for assistance in finding a job; the legal relationship for vocational training and retraining directly with the employer arises as a result of the conclusion of a student agreement.

The content of legal relations in the field of labor law includes a set of various rights and obligations of the parties. For example, the content of legal relations for supervision and control over compliance with labor legislation includes the rights and obligations of the parties related to the restoration of violated rights of employees as a result of illegal actions of the employer, as well as the prosecution of guilty officials.

The content of the legal relationship, and in particular the legal relationship on the regulation of labor, is the unity of its properties and connections. Participants in the legal relationship on labor rationing are bound by subjective rights and obligations, a certain combination of which reveals its legal content. The material content of the legal relationship on the rationing of labor is the behavior itself, the activities of the subjects, the actions that they perform, which appears in the legal relationship, its legal content as an interconnectedness of subjective rights and legal obligations.

Thus, the interaction of participants in a social labor relationship is manifested in the legal relationship on labor rationing as the interaction of its subjects, their interconnection with subjective rights and obligations, when the right of one (employee) corresponds to the duty of another (employer), namely the right of the employer to require the employee to comply with labor standards - duty worker for their implementation. The legal relationship for the regulation of labor consists of a whole range of labor rights and obligations, i.e. is a complex, but a single legal relationship and is of a continuing nature. Accordingly, its subjects constantly (systematically) exercise subjective rights and fulfill obligations.

At the same time, subjective right is understood as a possibility protected by law - a legal measure of the freedom of an authorized person - one subject of a legal relationship on labor rationing to demand from another - an obligated subject - certain actions (certain behavior). The subjective duty of a participant in a legal relationship on labor rationing is a legal measure of the due behavior of the obligated person, in other words, the subjective duty consists in proper behavior corresponding to the subjective right, i.e. obligation to comply with labor standards.

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

The legal relationship on labor rationing is one of the varieties of the labor relationship, and for it the Labor Code provides for basic (statutory) rights and obligations as for participants in the labor relationship. With regard to the personality of an employee, these rights and obligations, in accordance with the Constitution of the Russian Federation (Article 37, etc.), are enshrined in general view in the Labor Code as the main (statutory) rights and obligations of the employee (Article 21) and as the main (statutory) rights and obligations of the employer (Article 22 of the Labor Code).

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

Thus, in the labor legal relationship, its content consists of subjective rights and legal obligations that its participants acquire with the emergence of this legal relationship on the basis of an employment contract concluded between them. Since the employment relationship is complex, but a single legal relationship and is of a lasting nature, the employee and the employer constantly exercise their rights and fulfill their obligations as long as the employment relationship exists and the employment contract on the basis of which this legal relationship has arisen is valid.

In Art. 21 of the Labor Code establishes the basic (statutory) rights and obligations of an employee, which are presented quite widely. This is the right to conclude, amend and terminate an employment contract in the manner and on the terms established by the Labor Code, other federal laws, and provide him with work stipulated by an employment contract, which should contain a clause on the obligation of the employee to comply with labor standards, which are drawn up in the form of an industry or local regulation.

Thus, Art. 21 of the Labor Code predetermines the content of specific labor relations, which also include labor regulation relations, in which the statutory (basic) rights and obligations enshrined in this article of the law manifest themselves in the form of specific subjective rights and labor obligations arising from this employee who has concluded an employment contract with this employer and entered into the specified legal relationship with him.

For the first time in the Labor Code (Article 22), the basic (statutory) rights and obligations of the employer were consolidated. In terms of labor rationing, the employer has the right to conclude, amend and terminate employment contracts with employees in the manner prescribed by law, conduct collective negotiations and conclude collective agreements, agree on labor standards, and require employees to fulfill them.

The employer has many responsibilities. In Art. 22 of the Labor Code, in particular, fixes its obligations to comply with laws and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and the terms of labor contracts, including in terms of regulation of labor rationing.

The employer is obliged to conduct collective negotiations, based on their results, conclude a collective agreement in the manner prescribed by the Labor Code, and provide employee representatives with complete and reliable information on labor rationing, necessary for concluding a collective agreement, agreement and monitoring their implementation. In addition, the employer is obligated to both promptly comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws, other regulatory legal acts containing labor law norms regarding labor rationing, and consider the submissions of the relevant trade union bodies, other representatives elected by employees about revealed violations of laws, other acts on labor regulation, take measures to eliminate them and report on the measures taken to the indicated bodies and representatives.

Thus, the content of legal relations on the regulation of labor has as its content a set of subjective rights and obligations of its subjects.

Chapter 2. The structure of the labor relationship

§ 2.1 Subjects of an employment relationship

employment relationship social worker

Subjects of labor law are participants in social relations regulated by labor legislation, who have labor rights and obligations and can exercise them.

In labor law, a citizen has labor legal capacity (the ability to have labor rights), labor legal capacity (the ability to exercise labor rights and obligations by his actions) and delictual capacity (the ability to bear responsibility for labor offenses). All these three elements occur simultaneously and are called labor personality. Labor legal personality is a necessary prerequisite, a condition for the emergence of legal relations of labor law. To become a subject of labor law, it is necessary to have labor legal personality.

The subject of labor law is labor and relations derived from them, therefore, the parties to labor and closely related relations are the subjects of labor law. In this regard, the subjects of labor law can be: citizens; workers; employers (organizations of any organizational and legal forms or individuals); associations of employers; representatives of employees, including trade union bodies and other elected bodies authorized by employees; bodies of supervision and control over compliance with labor legislation; bodies for the consideration of labor disputes; employment agencies.

Prominent Trudovik scientist V.N. Back in 1999, Skobelkin proposed to consolidate the status of the labor collective as a subject of labor law in the Labor Code of the Russian Federation. The legal status of the subject, enshrined in labor legislation, is called the legal status of the subject of labor law. The content of the legal status includes the following elements: labor legal personality; basic (statutory) labor rights and obligations; legal guarantees (general and special) of labor rights; liability established by law or contract for violation of labor duties.

Citizen as a subject of labor law.The legal status of a citizen as a subject of labor law should be distinguished from the legal status of an employee. A citizen becomes the subject of relations regulated by labor law even when he is looking for suitable job. Here arise employment and employment relations that precede labor relations.

The legal status of a citizen as a subject of labor law consists of basic constitutional rights common to all citizens in the sphere of labor. Legal guarantees of these rights have certain peculiarities (for example, for minors or disabled persons, quotas are set for employment, i.e., these categories, in addition to general guarantees, have special guarantees for employment).

A citizen's labor legal personality arises, as a rule, from the age of 16, when he can independently get a job (Article 63 of the Labor Code). In cases of receiving the main general education or leaving, in accordance with the federal law of a general educational institution, an employment contract may be concluded by persons who have reached the age of fifteen. With the consent of one of the parents (guardian, trustee) and the body of guardianship and guardianship, an employment contract may be concluded with a student who has reached the age of fourteen years, to perform light work in his free time from school that does not harm his health and does not violate the learning process. In cinematography organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian, trustee) and the guardianship and guardianship authority, to conclude an employment contract with persons under the age of fourteen years to participate in the creation and (or) performance of works without prejudice to health and moral development.

The legal nature of the age criterion of labor legal personality of citizens lies in the fact that it is with this age that they are legally associated with their achievement of labor age. In labor relations, underage workers are equated to civil majority (i.e., persons over 18 years of age), and in the field of labor protection, working hours, they enjoy certain benefits (for example, shortened working hours, extended vacations).

In addition to the age criterion that characterizes the labor legal personality of citizens, there is also a volitional criterion, i.e. the state of the volitional ability of citizens to work. So, a mentally ill person under guardianship cannot be a subject of labor law, since he does not have the ability to be responsible for his actions, and the guardian cannot conclude an employment contract for him, because. under an employment contract, the employee undertakes to personally perform the labor function. In some cases provided for by law, persons recognized by a court as incapable or with limited capacity cannot be subjects of labor law.

The Constitution of the Russian Federation, the Federal Law "On the Employment of the Population in Russian Federation", the Labor Code of the Russian Federation enshrined the principle of freedom of labor and the prohibition of forced labor, therefore, the labor legal personality that a citizen has may not be realized by him. Legislation guarantees equal labor legal personality for all citizens, its restriction is allowed only in cases provided for by law. Thus, special legislation established age limits or restrictions related to qualification requirements(for example, persons who have reached the age of 18 are admitted to the civil service; a citizen with a higher legal education can be a judge). In addition, the court, in accordance with the Criminal Code of the Russian Federation or the Code of Administrative Offenses, may deprive a citizen for a certain period of time in the event of a crime or administrative offense, respectively, of the right to engage in certain activities or hold certain positions. Restriction of labor legal personality can be only partial and temporary. Complete and indefinite deprivation of a citizen of labor legal personality is not allowed.

The basic statutory rights of a citizen are enshrined in Art. 37 of the Constitution of the Russian Federation.

Consider such a category of citizens - subjects of labor law, as persons of hired labor. The legal status of an employee, i.e., his legal status in relation to a particular employer, has its own varieties depending on the types of employment contracts and legal relations. An employee is an individual who has entered into an employment relationship with an employer (Article 20 of the Labor Code of the Russian Federation). An employee can be both a foreign citizen and a stateless person (Article 11 of the Labor Code of the Russian Federation). For certain categories of citizens and foreigners, special requirements when hiring, they must have a special labor legal personality. For example, in accordance with the Federal Law "On legal status foreign citizens in the Russian Federation" a foreign citizen who wants to work in the Russian Federation must obtain confirmation of the right to work, and the employer organization - permission to attract and use foreign workers.

The basic labor rights and obligations of employees are provided for in Art. 21 of the Labor Code of the Russian Federation. These statutory rights and obligations apply to absolutely all employees. They establish the boundaries of possible (right) and proper (duty) behavior in their labor relations with the employer.

A necessary element that determines the status of workers is the guarantee of their rights. Legal guarantees of statutory labor rights and obligations are legal means and measures established by labor legislation for their implementation and protection.

The content of the legal status of citizens as subjects of labor law includes liability for failure to perform or improper performance of their duties. Legal liability for violation of labor legislation may be disciplinary (Article 192 of the Labor Code of the Russian Federation); material (Article 238 of the Labor Code of the Russian Federation); administrative, civil law, criminal (Article 419 of the Labor Code of the Russian Federation).

The second category of citizens as subjects of labor law are working owners. Labor law regulates the labor relations of employees who are shareholders, participants in economic partnerships and companies. Labor personality in this case is closely intertwined with civil legal personality, since relations arising on the basis of a membership agreement are regulated by civil law. The legal personality of working owners is regulated by two branches of law: civil and labor.

Citizens as subjects of labor law can also be employers. An individual acts as an employer when he/she exercises entrepreneurial activity without education legal entity or hires a housekeeper, a governess, a secretary, i.e. uses other people's labor to serve his household or assist in creative or scientific activities.

Entrepreneurial activity carried out without the formation of a legal entity is regulated by civil law. With obtaining the status of an entrepreneur, a citizen also receives the status of an employer - a subject of labor law. Features of labor regulation of employees working for employers - individuals, established by Ch. 48 of the Labor Code of the Russian Federation. Unfortunately, labor legislation does not regulate the minimum age of citizens-employers. It would be more expedient to establish labor legal personality for entrepreneurs from the age of 18, i.e. from reaching civil age. A similar opinion has already been expressed in the legal literature. In labor relations, the employer - an individual acts directly on his own behalf and in his own interests.

Part 4 Art. 11 of the Labor Code establishes that "on the territory of the Russian Federation, the rules established by the Code, laws, other regulatory legal acts apply to labor relations of foreign citizens, stateless persons, organizations created or established by them or with their participation, unless otherwise provided by the federal law or international treaty of the Russian Federation". On this basis, foreign citizens and stateless persons can be not only employees, but also employers with all their rights and obligations.

Employers are organizations of any form of ownership, as well as individuals with labor legal personality, and first of all, employer's legal capacity, i.e. the ability to conclude employment contracts with citizens, including providing work to members of collective production - owners.

We have already considered individuals as employers. In addition to the general obligations stipulated by law for employers, Art. 303 of the Labor Code of the Russian Federation imposes an additional obligation on employers - individuals - to register a written employment contract concluded with an employee with the relevant local government. The Labor Code of the Russian Federation forbids an employer - an individual to make entries in work books and draw up work books employees hired for the first time (Article 309 of the Labor Code of the Russian Federation). Features of the regulation of labor of employees working for employers - individuals, are set out in the topic "Employment contract".

The employer organization is understood as an independent economic entity formed in the manner prescribed by law for the recruitment of workers, production of products, performance of work and provision of services in order to meet public needs and make a profit.

The organization acquires labor legal personality from the moment state registration. With regard to the powers of the organization (rights), the most important management issues are regulated by legislation and the charter, which, in modern conditions transition to market relations provide it with maximum independence and efficiency. The organization can independently determine the structure of management bodies and the costs of their maintenance; carry out their employer activities in all spheres and branches of the national economy; establish forms, systems and amounts of remuneration of employees; install additional holidays, other benefits and advantages, based on their economic situation. The main rights and obligations of the employer are enshrined in the Labor Code of the Russian Federation. In accordance with Art. 22 any organization, regardless of the types of ownership and organizational and legal forms, are obliged to provide their employees with: labor safety; the statutory minimum wage; equal pay for work of equal value; compensation for damage caused to the health of an employee in the performance of his labor duties. Thus, the legal status of an employer presupposes not only his employer's legal personality, but also his compliance with laws that guarantee each employee the protection of his basic labor rights and the ability to fulfill his duties.

Based on the provisions of Art. 20 of the Labor Code of the Russian Federation, we can conclude that a separate structural unit of an organization - a branch or a representative office - cannot act as an employer, since it is not endowed with the rights of a legal entity. Some scientists (for example, E.B. Khokhlov) explain that "structural divisions, even being separate, still remain divisions of a legal entity. This means that they do not have legal personality, and their leaders have only competence, the scope of which determines the legal entity . The head, if necessary, acting by proxy, conducts business on behalf of the legal entity, including opening accounts and concluding employment contracts. There is another point of view expressed in the literature. So, T.Yu. Korshunova argues that a separate subdivision of a legal entity should have all the rights and obligations of the employer. Note that in practical activities currently issued to managers in separate structural divisions powers of attorney almost completely list the entire set of rights and obligations associated with the employer's legal capacity.

In cases stipulated by federal law, the employer may be another entity (not a legal entity or an individual), which must be entitled to conclude employment contracts. Such entities include public associations, including trade unions, which can acquire the rights of a legal entity. State authorities and local governments can also act as employers (part 2 of article 23 of the Labor Code of the Russian Federation). In addition, a political party, its regional branches and other structural subdivisions have the right to conclude fixed-term employment contracts with employees of the apparatus of a political party for a period not exceeding the term of office of the governing bodies of the political party, its regional branches and other structural subdivisions. In other words, a political party has the right to act as an employer. The activities of the employer organization as a subject of labor law may be terminated due to its liquidation. In accordance with the current legislation, an enterprise is liquidated in the following cases: it is declared bankrupt; making a decision to ban its activities due to non-compliance with the conditions, established by law; recognition by the court of invalid constituent documents. The organization is considered liquidated from the moment of its exclusion from the state register of legal entities. Since that time, the labor legal personality of the employing organization has also been lost.

The rights and obligations of the employer in labor relations are exercised: individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them in the manner prescribed by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulations.

The head of the organization has a special legal status. He has the right to accept and dismiss, impose disciplinary actions on workers. The rights and obligations of the head of the organization in the field of labor relations are determined by the Labor Code, other regulatory legal acts, the constituent documents of the organization, and the employment contract. Leader as sole executive agency of a legal entity exercises the rights and obligations of the employer in labor relations with employees. The head of the organization has the right to transfer part of the powers to others officials organizations. The transfer of authority should be formalized by order of the head or reflected in the local regulatory act of the organization.

§ 2.2 Object and types of labor relations

The object of the labor relationship is the performance of a certain kind of work, characterized by a certain specialty, qualification position.

The characteristic of the object of the labor relationship is currently not unambiguous, since in labor relations the object is essentially inseparable from their material content (behavior of the obliged, etc.). The useful effect delivered by the employee (lecturing, etc.) can be consumed, as a rule, during the production process. And since in labor law material goods (objects) are practically inseparable from the labor activity of an employee, the characteristic of the material content of labor relations exhausts the question of their object.

The material content of an employment relationship is understood as the actual behavior of its participants (subjects), which is ensured by subjective labor rights and obligations. The factual is always secondary and is subject to the legal (volitional) content of the labor relationship, which is formed by the subjective rights and obligations of their participants. The content of these rights and obligations is expressed in the legal possibility, within the boundaries established by law, to act, demand, claim, enjoy benefits, etc. and the obligation to satisfy the mutual interests and needs of other subjects.

Based on the unity of the material and legal (volitional) components, we can say that the subjective rights and obligations of employees included in the content of the labor legal relationship are realized and concretized statutory rights and obligations that make up the content of the legal status of employees. These rights and obligations of the subjects of labor relations will be discussed in the next section of the work. There is a material interest in the results of labor activity, the satisfaction of the economic and social needs of the employee and the employer, the protection of the relevant labor rights of subjects.

Such a concept of labor relations seems to be broader, it includes the actual labor relationship between the employee and the employer and other social relations directly related to labor. Each of these legal relations differs in subjects, content, grounds for occurrence and termination.

The types of labor relations are determined by the subject of labor law, and among them are:

Legal relations to promote employment and employment;

labor relations between the employee and the employer;

legal relations on the organization of labor and labor management;

legal relations for professional training, retraining and advanced training of employees;

legal relations of trade unions with employers to protect the labor rights of workers;

legal relations on supervision and control;

legal relations on the material responsibility of the parties to the employment contract;

legal relations to resolve labor disputes;

All types of legal relations can be divided into:

Basic (labor relations);

related and organizational and managerial (on employment, organization and labor management);

protective legal relations (on supervision and control, liability of the parties to the employment contract, resolution of labor disputes, compulsory social insurance).

Conclusion

Summarizing the above, we can conclude that labor relations are relations that arise between the employer (any commercial and non-profit organization, individual citizens) and an employee regarding the implementation by the parties of certain labor activities, as a rule, on the basis of individual labor and collective agreements for a certain fee. It is important to note that the labor relationship does not exist separately, it has a continuous connection with the legal relationships that accompany the labor relationship, or come to replace it. These can be such legal relations as: organizational and managerial, control and supervisory relations, relations for the consideration of labor disputes, relations for ensuring employment and employment of the population, etc. In this work, the subjects of labor relations, their mutual rights and obligations, as well as their the legal facts of their employment legal personality, which is characterized by reaching a certain age, the ability to work, etc. change and termination of the employment relationship.

Summarizing the above, we can conclude that Labor legislation is the only branch of legislation that can not only directly affect the main productive force - people who are the carriers of the labor force, but also protect them in the process of work and from unemployment. Under the influence of the system of norms of labor legislation, a legal mechanism for the social protection of workers is being formed.

List of used literature

1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993)

Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (as amended on November 12, 2012)

Federal Law No. 181-FZ of November 24, 1995 "On the Social Protection of the Disabled in the Russian Federation" (as amended on July 20, 2012)

5. Federal Law of July 11, 2001 N 95-FZ "On Political Parties" Ed. dated 02.10.2012 (as amended and supplemented, effective from 01.01.2013)

6. Aleksandrov N.G. Labor relations // N.G. Aleksandrov - M.: Prospekt, 2008. - 342 p.

Borodina V.V., Goncharov V.G. Issues of reforming labor relations and the labor code of the Russian Federation // Labor Law. 2008. No. 3. S. 53-56

Vdovina Yu.G. Labor Law // Yu.G. Vdovina, D.A. Yastrebov // Training course (educational and methodological complex). - Remote Center educational technologies MIEMP. - 2010.

Gusov K.N. and Tolkunova VN, Labor Law of Russia. Textbook M., 2009.

Zaykina A.D. Russian labor law, M.: Norma, 2007.

Kaminskaya M.S. On some problems arising in the regulation of labor relations // Labor Law. 2008. No. 3. S. 70-74.

Panina A.B. Labor law: Questions and answers. M.: New Lawyer, 2008.

Reshetov Yu.S. "Legal relations and their role in the implementation of law". Kazan, 2007.

Skachkova G.S. Commentary on the Labor Code of the Russian Federation (item-by-article) (4th edition) ("RIOR", "Infra-M", 2012)

Smirnova O.V. Labor law. Textbook. M., 2006.

Syrovatskaya L.A. Labor law. M., 2005.

Frolov O.V. Workers and employers as parties to the labor relationship // Man and Labor. 2009. No. 7. S. 79-80.

The concept of labor relations

An employment relationship is a legal relationship between an employee and an employer in the process of fulfilling the duties assigned to him by the employee.

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

Relationships themselves have specific features:

proceed in conditions of subordination to the rules of internal labor regulations;
the worker is usually included in the .

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

Objects of labor relations

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

Types of labor relations

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

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

in connection with part-time work;
under a student agreement.

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

Features of labor relations

A distinctive feature of labor relations is that labor relations are personal, i.e., with the development of the freedom of the labor contract, the individualization of the labor relations of the employee develops.

Another feature is that these relationships are built on compensated started, associated with mandatory remuneration for work in the form of wages.

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

Legislation establishes that labor relations are based on the certainty and stability of the employee's labor function, and prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).

Both an employment contract and an employment relationship arising from it are always mutual and bilateral.

Both parties to the employment relationship have the right to demand that the other subject fulfill his/her labor obligations to the filed relationship.

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

The emergence, change and termination of labor relations

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

The basis for the emergence An employment relationship is usually considered an employment contract. For employees holding elective positions, the basis for the emergence of their labor relations is the fact of being elected to this position. For some categories of employees, the basis for the emergence of labor relations is a complex set of legal facts, when, in addition to the employment contract, it is preceded or followed by some kind of legal fact. So, for persons admitted by competition, the conclusion of an employment contract should be preceded by their election by competition for this position. The complex structure of the emergence of labor relations in 14-year-olds, when the employment contract must be preceded by the consent of the parents.

The fact of the emergence of an employment relationship can be actual work permit even if the hiring was not properly processed.

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

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

Labor relations- actual social relations on labor in production and other social relations that are the subject of labor law, which constitute a whole group of legal relations in the sphere of labor. This is a voluntary legal relationship between the employee and the employer, in accordance with which the employee undertakes to perform a certain labor function with submission to the internal labor regulations of the organization, and the employer creates the necessary conditions for work in accordance with the law and pays the employee's work not less than the minimum amount of labor established by law.

Labor relations are always bilateral. They involve an employee and an employer with labor legal personality.

Types of labor relations are classified depending on the types of labor contracts: how many labor contracts - so many types of labor relations. For example, a specific type of labor relations is labor relations when working part-time. When working part-time, an employee has two labor relations in parallel.

An employment relationship must be distinguished from related legal relationships related to labor, but regulated by the norms of civil law, according to the following features:

1) in an employment relationship, an employee, as a rule, acts as a member of the labor collective, but not in a civil one;

2) the subject of an employment relationship is the process of labor itself, and in a civil relationship, its embodied result;

3) in the labor relationship, the obligatory condition is the subordination of the employee to the rules of the internal labor regulations, which is not the case in the civil relationship;

4) in an employment relationship, the obligation to provide the employee with the means of production, as well as the obligation to protect labor, is assigned to the employer, and in civil legal relations to work, such an obligation, as a rule, is assigned to the contractor.

All rights and obligations in an employment relationship are of a personal nature, i.e. the employee cannot appoint someone to perform the labor function assigned to him in his place. The employer also cannot change one employee for another without sufficient grounds. All legal relations arising on the basis of an employment contract are always individual, and at the same time are bilateral, i.e. on the one hand - a complex of powers of one side and the duties of the other subject that correlate with them, and vice versa.

The employment relationship is closely related to the employment contract, but not identical to it: the employment relationship contains the entire set of rights and obligations of a particular labor law relationship, which is its content, and content of the employment contract are his conditions.

The basis for the emergence of labor relations are the legal facts named in the legislation. Their occurrence is associated exclusively with lawful actions, through which the rights and obligations of employees and employers are established for the implementation by the employee of his labor function.

As a rule, an employment relationship arises on the basis of employment contract. The Labor Code of the Russian Federation also provides the following grounds the emergence of an employment relationship:

election to office

election by competition to fill the relevant position;

Appointment to a position or confirmation in a position;

· assignment to work by authorized bodies in accordance with federal law on account of the established quota;

a court decision on the conclusion of an employment contract.

Labor relations between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his representative in the case when the employment contract was not properly executed.

Labor relations on the basis of an employment contract as a result of election to a position arise if the election to a position involves the performance of a certain labor function by the employee.

Employment relations on the basis of an employment contract as a result of being elected by competition to fill the relevant position arise if the labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulation) of the organization defines a list of positions to be filled by competition, and the procedure for competitive election for these positions.

Labor relations arise on the basis of an employment contract as a result of appointment to a position or approval in a position in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulations) of the organization.

A change in labor relations can occur both as a result of actions and as a result of events, for example, a transfer to another job not stipulated by an employment contract, but only with the consent of the employee, with the exception of cases of production necessity provided for in Art. 74 of the Labor Code of the Russian Federation.

Termination of an employment relationship can be both as a result of an action and as a result of an event, for example, termination of an employment contract at the initiative of an employee (by own will) Art. 80 of the Labor Code of the Russian Federation; death of an employee 83 of the Labor Code of the Russian Federation.

In the system of legal relations, the main thing is the labor legal relationship, as it binds all other types of legal relations.

Labor relations are “relations based on an agreement between an employee and an employer on the personal performance by an employee of a labor function (work in a certain specialty, qualification or position) for payment, the employee’s subordination to the internal labor regulations while ensuring that the employer provides working conditions provided for by labor legislation, collective contract, agreements, labor contract" (Article 15 of the Labor Code of the Russian Federation). An employment relationship actually acts as an employment relationship, since it is regulated by the rule of law See: Kolobov S.V. Labor law of Russia. Textbook for universities. - M., 2008. P. 25 ..

As can be seen from the definition, the subjects of an employment relationship are the employee and the employer.

Each legal relationship in the sphere of labor law has an independent content of the rights and obligations of subjects. The content of an employment relationship is the mutual labor rights and obligations of its subjects, defined by labor legislation, a collective agreement, agreements, and an employment contract. The labor relationship includes a number of rights and related obligations of the parties: working hours, rest time, remuneration, disciplinary liability, etc. The basic rights and obligations of an employee are provided for in Art. 21 of the Labor Code of the Russian Federation, and the basic rights and obligations of the employer - Art. 22 of the Labor Code of the Russian Federation. The volume and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

Article 16 of the Labor Code of the Russian Federation names the grounds for the emergence of labor relations. The legal expression of the will of the participants in an employment relationship is an employment contract. For some categories of workers, a complex legal structure is established, which precedes the emergence of labor relations. In labor law, this complex legal composition is a set of legal facts that occur in a certain sequence: a competition and an employment contract, election to a position and an employment contract, etc. Complex legal structures include such procedures as election (elections) to a position (for example, the election of a university rector); competitive selection of the teaching staff; appointment or approval in a position (for example, appointment of judges or approval in a position by a higher management body of an employee entering a managerial position).

Employment relations can also arise on the basis of a job assignment by legally authorized bodies on account of an established quota, i.e. the minimum number of jobs for citizens who are in special need of social protection. For example, in accordance with the Federal Law of November 24, 1995 N 181-FZ "On the social protection of persons with disabilities in the Russian Federation" SZ RF. 1995. N 48. Art. 4563. For all organizations, regardless of organizational and legal forms and forms of ownership, the quota is not less than 2 and not more than 4% of the total number of employees, if the number of employees is more than 30 people.

Features of labor relations, its differences from related civil law relations.

The concept of an employment relationship

Employment relationship- this is a social relationship regulated by labor law that arises on the basis of an employment contract, according to which one subject (employee) undertakes to perform a labor function subject to the rules of internal labor regulations, and the other subject (employer) is obliged to provide work, ensure healthy and safe conditions labor and pay for the work of the employee in accordance with his qualifications, the complexity of the work, the quantity and quality of labor.

The content of the employment relationship- these are the mutual rights and obligations of its subjects, defined by the labor contract, labor legislation and the collective agreement (agreement). The employee is obliged to accurately fulfill his labor function stipulated by the contract, obeying the internal labor regulations of this production, and the employer is obliged to comply with labor legislation and all working conditions of the employee provided for by the labor and collective agreement and labor legislation.

The labor relationship includes a number of rights and related obligations of the parties: working hours, rest time, remuneration, guarantees and compensations, etc. The volume and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

Features of the employment relationship:

However, persons who have entered into civil law contracts (personal contract, assignments, paid services, author's contract, etc.) can also engage in labor activity.

Characteristic features of an employment relationship, which delimit it from related, including civil law relations:

Protection of the rights and interests of employees in the event of unreasonable conclusion of civil law contracts with them (part 4 of article 11, article 19 1 of the Labor Code of the Russian Federation).