Art. 22 Labor Code of the Russian Federation: questions and answers

What is the significance of Article 22 of the Labor Code of the Russian Federation?

Art. 22 is included in the first section of the Labor Code of the Russian Federation, which provides a basic idea of the concepts with which this code operates. The purpose of creating the Labor Code of the Russian Federation was to regulate the relationship between the two parties to labor relations: the employee and the employer (Articles 1, 15, 20 of the Labor Code of the Russian Federation). These relationships are of a contractual nature (Article 16 of the Labor Code of the Russian Federation) and, accordingly, imply the existence of mutual obligations of the parties.

That's why Art. 22 of the Labor Code of the Russian Federation, which establishes the rights and obligations of the employer, largely echoes the content of Art. 21 of the Labor Code of the Russian Federation, which defines the rights and obligations of the employee. What the employee has the right to, the employer is obliged to provide (provide) to him, and vice versa. For example:

the employee has the obligation to perform the functions assigned to him, and the employer has the right to demand this;
the employee has the right to compensation for harm caused to him in connection with his work (including moral), and the employer has an obligation to provide such compensation.

At the same time, the lists of the rights of both the employee and the employer, as well as the employee’s responsibilities, are exhaustive, while the list of the employer’s responsibilities is open. This is due to the fact that, by defining the basic principles on which labor relations should be built, the Labor Code of the Russian Federation allows for their individualization (expansion and addition) for each specific employer.

This is done by developing internal regulations. However, Art. 8 of the Labor Code of the Russian Federation clearly prohibits the inclusion of norms that worsen the position of the employee in comparison with labor legislation. So, in accordance with internal regulations, the employer may have additional responsibilities, but the employee does not.

What are the employer's responsibilities?

The relationship between employees and employers is regulated by the Labor Code.
The rules regarding detailed powers and obligations are established for employees in Art. 21, for the employer - in Art. 22. Although many provisions in this area are enshrined in other regulations - in the Tax Code, laws on social insurance, on social insurance, on trade unions, etc. In practice, usually the rights and obligations of the employer under the Labor Code of the Russian Federation are briefly stated in contracts with employees and local regulations. If we analyze the norms of the Labor Code of the Russian Federation, it is clear that employers have less powers and more obligations than subordinates. This is quite logical when it comes to labor relations. Because the goal of the legislator is to protect workers who are economically and socially weaker and dependent on the organizations that hire them.

In order to clearly define what rights and responsibilities an employer has, they are divided into several groups, depending on who they belong to:

to one employee;
to the work team;
to government agencies;
to other organizations that employ workers.

The employer's obligations include the first three points. The largest list of requirements concerns relationships with a specific subordinate. Here is a list of measures that an employer owes an employee:

provide the opportunity for work provided for in concluded contracts;
arrange the workplace and provide everything necessary - tools, equipment, mechanisms, documents, etc.;
organize the necessary economic and living conditions for activities;
take care of safe working conditions;
provide equal earnings for work of similar value;
issue earned money in full and on time - within the period provided for in the Labor Code of the Russian Federation, in an individual agreement, collective agreement, LNA;
familiarize with issued acts, orders and other internal documents against signature;
transfer social insurance contributions;
compensate for moral damage as required by law.

If we talk about relations with the state, then the main responsibilities of the employer include the obligation to follow the letter of the law in the labor sphere and comply with adopted regional and federal agreements at the industry level. If complaints arise from government inspection agencies, it is necessary to eliminate shortcomings and violations.

Relations with the team involve fulfilling the labor responsibilities of employers in the field of collective agreements and interaction with professional communities. Among the main requirements in this area:

conduct collective bargaining;
provide truthful information to trade unions and other organizations for signing a collective agreement;
take into account the opinion of professional communities in situations specified in the Labor Code of the Russian Federation;
eradicate the shortcomings indicated by the trade union committee or other representatives of workers;
report to the trade union committee on resolved problems;
manage the company taking into account the opinions of workers.

What is the list of rights included in Art. 22 of the Labor Code?

In Art. 22 of the Labor Code of the Russian Federation states that the employer has the right:

to conclude, amend and terminate employment agreements;
requirement for the performance of specified labor functions, responsible attitude towards property, compliance with labor regulations;
conducting negotiations with employees and concluding collective agreements;
adoption of internal regulations (except for individual employers);
rewarding the employee for a responsible attitude to work and punishment for violations of discipline and causing damage;
creation of employers' associations;
formation of works councils (except for individual employers);
implementation of rights granted by law regarding special assessment of working conditions.

For information on where an employee can check whether his employment contract complies with the requirements of current legislation, read the article “A service for checking employment contracts has been launched.”

What rights does an employer have?

In the same article 22 of the Labor Code of the Russian Federation, the rights of the employer are reflected in full, echoing the responsibilities of workers.

IMPORTANT!

The employer has fewer powers than the requirements for him. But they are protected and guaranteed by law in the same way as the rights of subordinates. And if they are violated, then the company has the right to defend the truth in court.

It will become clearer that these are the employer’s labor rights if we divide them into several categories in relation to:

to every worker;
team of employees;
other firms with hired labor.

In relation to an individual subordinate, the organization has the right:

hire and fire, entering into and breaking contracts;
stimulate and reward for responsible performance of duties;
insist on the careful attitude of subordinates to material values;
demand compliance with labor regulations;
punish for violation of discipline and other internal rules, compensate for material shortages, etc.

From the point of view of relations with the team of employees, the employer’s rights enshrined in the code include:

shaping community conversations;
signing of collective agreements;
formation of advisory bodies at the enterprise to defend the common interests of the team.

When cooperating with other companies, the employer is not obliged, but has the right to conduct joint activities and join associations, business unions and industrial groups to protect common interests. The employer’s competence includes the publication of LNA and other documents, participation in the creation of agreements, programs, proposals to government agencies, organizations, etc.

ConsultantPlus experts examined whether the employer has the right to introduce into the internal labor regulations the obligation of employees to do industrial gymnastics once a day and periodically pass the GTO standards, as well as introduce liability for failure to comply with these requirements. Use these instructions for free.

What is the main right of the employer as a party to the employment agreement based on?

The main thing for the employer is always the right, based on the opportunity to attract the employee to work in his own interests and to ask him for fulfilling the agreed requirements. Both of these issues are considered in the Labor Code of the Russian Federation in great detail and are separated into separate sections of the code.

The text of each section contains instructions that the procedures for formalizing (changing) labor relations and punishing employees must strictly comply with the rules established by the Labor Code of the Russian Federation and other laws at the federal level. Despite the presence of such an indication, attention to this issue is additionally drawn to Article 22 of the Labor Code of the Russian Federation.

The most important component of the legal basis for the relationship between employee and employer are internal regulations, which can be both industry-specific and individual for each specific employer. It is acceptable for them to take the following forms:

collective agreement;
local regulatory act (regulations, order);
additional conditions included in the employment agreement with a certain employee.

The Labor Code of the Russian Federation gives the employer the right to participate in the development, adoption and amendment of such documents, regardless of their nature. Accordingly, the right to negotiate with the collective of workers (or representatives of the collective) is also provided.

Read about the preparation of one of the mandatory local regulations in the material “Internal Labor Regulations - Sample 2015”.

The main innovations of the new edition of the Labor Code of the Russian Federation

Self-control is a new employer right

New edition of Art. 22 of the Labor Code of the Russian Federation gives the employer the right to “conduct an independent assessment of compliance with the requirements of labor legislation and other regulatory legal acts containing labor law norms (self-examination).”

For failure to use personal protective equipment - unpaid downtime

In accordance with the new requirements of Art. 76 of the Labor Code of the Russian Federation, the employer will be obliged to suspend from work an employee who “does not use personal protective equipment issued to him in the established manner[2], the use of which is mandatory when performing work with harmful and (or) dangerous working conditions, as well as in work performed in special temperature conditions."

Maintaining a job and average earnings during a psychiatric examination

In accordance with the new edition of Art. 185 of the Labor Code of the Russian Federation, the employee’s place of work (position) and average earnings at the place of work are retained only for the duration of mandatory medical examinations, and from March 1 of next year, the norm will also apply to the duration of mandatory psychiatric examination.

Prohibitive measures in the field of work for women are changing to restrictive ones

The legislator follows the international trend towards gender equality. From January 1, 2022, a new List of industries, works and positions in which the work of women is limited[3] (hereinafter referred to as the List) is in force.

In the updated List, instead of words about the prohibition of women's work in certain jobs, only restrictions on its use . The document uses a different classification of production and work [4], where female labor is limited.

For example, the new edition stipulates that the use of women’s labor in jobs involving manual lifting and moving of weights exceeding the maximum permissible standards for them is limited. In the current version, it is prohibited to use women’s labor in the relevant jobs.

Restrictions on the work of women in air and water transport and as truck drivers - drivers of heavy vehicles - have also been lifted. An unconditional ban has been established only on nine types of work that are mentioned in paragraphs 89–98 of the List (among them fire fighting, transportation, loading, unloading pesticides by hand, etc.). In other cases, women's work is prohibited in harmful and dangerous working conditions, as well as when a special assessment of working conditions (SAW) has not been carried out.

To harmonize legislation (the Labor Code of the Russian Federation and its by-laws - the List), changes are made to Section XII, Chapter 41, Art. 253 Labor Code of the Russian Federation.

Along with the new edition of the Labor Code of the Russian Federation, its by-laws will come into force on March 1, 2022

The requirements of the Labor Code of the Russian Federation, as now, will be detailed in its by-laws.

Occupational safety: upgrade of Section X “Occupational Safety” of the Labor Code of the Russian Federation

The largest number of adjustments were made to Section X “Occupational Safety and Health” of the Labor Code of the Russian Federation. Next, we will analyze in detail what has changed and what we especially need to pay attention to.

How can an employer influence employee behavior?

By requiring an employee to fulfill all the rules established specifically for him (job functions) and for the entire team (internal labor regulations, labor protection requirements), the employer has the right to:

encourage him for a responsible attitude towards his duties or for some special achievements in work;
punish for violations.

Encouragement can be expressed in different forms (Article 191 of the Labor Code of the Russian Federation). For example, in the form:

gratitude;
diplomas;
awards;
gift;
incentive payments.

The use of incentives can have either a systematic form, based on an internal regulatory act, or a one-time form, determined by individual orders of the manager.

Punishments are a consequence of violations:

disciplinary nature, in which disciplinary liability occurs (Article 192 of the Labor Code of the Russian Federation);
associated with causing damage to the employer and entailing financial liability (Chapter 39 of the Labor Code of the Russian Federation).

The possibility of applying punishments is regulated quite strictly by law, requires compliance with certain rules when issuing them and is limited by a time frame.

Read about what disciplinary liability may be in the article “Disciplinary liability of an employee and its types.”

Why are employers' associations needed?

The right of employers to form associations serves the following purposes:

their representation in any bodies;
development of unified approaches and documents;
conducting collective bargaining;
exchange of information;
preparing proposals for implementation at the legislative level;
protection of common interests.

Depending on the scale of these goals, unification can occur at a variety of levels - from territorial to all-Russian. It is also possible to form industry and inter-industry associations.

The process of creating and functioning of associations is based on the rules set out in the Federal Law:

“On employers' associations” dated November 27, 2002 No. 156-FZ;
“On the Russian Tripartite Commission for the Regulation of Social and Labor Relations” dated 01.05.1999 No. 92-FZ.

What are works councils according to Art. 22 Labor Code of the Russian Federation?

Since May 2013, after the Federal Law “On Amendments to Article 22 of the Labor Code of the Russian Federation” dated May 7, 2013 No. 95-FZ, additions to the text of the article, another right of the employer appeared - to form production councils. This body, which can be created by any employer except an individual employer, is advisory (consultative), formed on a voluntary basis from representatives of the most qualified and active workers.

The goals of its creation are to develop proposals on the following issues:

optimization of processes of the employer's core activities;
introduction of new technologies and equipment;
increasing the level of qualifications of personnel and their productivity.

All necessary aspects related to the formation and process of work of this body are established by the employer by its internal regulations. It should include the following provisions:

about the powers of the council and the range of tasks it solves;
the procedure for convening and possible current operating procedures;
the number of council members and the composition of employee representatives in it.

The right to create a works council, established by Art. 22 of the Labor Code of the Russian Federation , is applied with comments regarding its competence: it includes exclusively issues of improving production activities, but not functions related to the process of managing the activities of the employer or representing the interests of employees. The employer is obliged to communicate the result of consideration and implementation of proposals developed by the council to its participants.

Labor Code of the Russian Federation:

Article 22 of the Labor Code of the Russian Federation. Basic rights and obligations of an employer

The employer has the right:

conclude, amend and terminate employment contracts with employees in the manner and on the terms established by this Code and other federal laws;

conduct collective negotiations and conclude collective agreements;

encourage employees for conscientious, effective work;

require employees to perform their job duties and take care of the employer’s property (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees, and to comply with internal labor regulations;

bring employees to disciplinary and financial liability in the manner established by this Code and other federal laws;

adopt local regulations (with the exception of employers - individuals who are not individual entrepreneurs);

create associations of employers for the purpose of representing and protecting their interests and join them;

create a production council (with the exception of employers - individuals who are not individual entrepreneurs) - an advisory body formed on a voluntary basis from among the employees of a given employer, who, as a rule, have achievements in work, to prepare proposals for improving production activities and individual production processes , introduction of new equipment and new technologies, increasing labor productivity and qualifications of workers. The powers, composition, and procedure for the activities of the works council and its interaction with the employer are established by local regulations. The powers of the works council cannot include issues the resolution of which, in accordance with federal laws, falls within the exclusive competence of the organization’s management bodies, as well as issues of representation and protection of social and labor rights and interests of workers, the resolution of which, in accordance with this Code and other federal laws, is assigned to the competence of trade unions, relevant primary trade union organizations, and other representatives of workers. The employer is obliged to inform the works council about the results of consideration of proposals received from the works council and about their implementation;

exercise the rights granted to him by legislation on special assessment of working conditions.

The employer is obliged:

comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment 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 to perform their job duties;

provide workers with equal pay for work of equal value;

pay the full amount of wages due to employees within the time limits established in accordance with this Code, collective agreement, internal labor regulations, and employment contracts;

conduct collective negotiations, as well as conclude a collective agreement in the manner established by this Code;

provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

familiarize employees, against signature, with the adopted local regulations directly related to their work activities;

timely carry out the instructions of the federal executive body authorized to exercise federal state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

consider submissions from the relevant trade union bodies and other representatives elected by employees about 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 the specified bodies and representatives;

create conditions that ensure the participation of employees in the management of the organization in the forms provided for by this Code, other federal laws and the collective agreement;

provide for the everyday needs of employees related to the performance of their job duties;

carry out compulsory social insurance of employees in the manner established by federal laws;

compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by this Code, other federal laws and other regulatory legal acts of the Russian Federation;

perform other duties provided for by labor legislation, including legislation on special assessment of working conditions, and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and employment contracts.

Return to the table of contents of the document: Labor Code of the Russian Federation in the current edition

What are the rights of an employer in the field of special assessment of working conditions?

The rights of the employer in the field of special assessment of working conditions are established by Art. 4 Federal Law “On special assessment of working conditions” dated December 28, 2013 No. 426-FZ and include the possibility of:

requirements to substantiate the results of the special assessment;
carrying out an unscheduled procedure for assessing working conditions;
requirements from the organization carrying out the special assessment for documents confirming its competence to conduct such an assessment;
appealing the results of a special assessment if you disagree with them.

For information on how a special assessment is carried out, read the material “Procedure for assessing working conditions in the workplace (nuances).”

What's in Art. 22 of the Labor Code of the Russian Federation is defined as the obligations of the employer?

Among the responsibilities of the employer in Art. 22 of the Labor Code of the Russian Federation indicates the need:

compliance with all labor legislation standards established by the Labor Code of the Russian Federation, other laws, internal regulations and labor agreements;
providing the employee with exactly the work that was agreed upon with him during his employment;
ensuring the safest possible working conditions and their compliance with state standards regarding labor protection;
providing the employee with the technical means necessary to perform his job functions;
eliminating discrimination when paying for work of equal value;
timely and full payment of wages within the deadlines established by the employer in accordance with the requirements contained in the Labor Code of the Russian Federation;
compliance with the procedure for representation during collective negotiations with employees, including the conclusion of a collective agreement;
complete and timely provision of information to employees that they must have when developing a collective agreement;
familiarizing employees with all internal regulations relevant to their job responsibilities;
timely compliance with all instructions of supervisory authorities authorized to conduct inspections of compliance with labor legislation;
adequate response to information from bodies representing the interests of workers regarding violations of labor rights;
creating conditions for the participation of employees in the management of a legal entity in the forms specified by law;
providing for the everyday needs of employees arising during the performance of their labor functions;
performing procedures related to compulsory social insurance;
compensation for damage (including moral) received by the employee in connection with his work duties;
performance of duties related to special assessment of working conditions;
fulfilling other duties provided for by the Labor Code of the Russian Federation and internal regulations.

Responsibilities of the employer

The employer's responsibilities can be divided into groups depending on to whom these obligations arise.

What is the employer obliged to do as a subject of legal relations?

As a party to labor law, the employer must comply with and fulfill the following obligations:

Strictly follow the labor laws currently in force in the country.
Comply with the standards prescribed in various regulatory documents on labor legislation:
local documents;
federal laws, regional and municipal regulations;
collective agreements;
individual employment contracts;
additional agreements.

Responsibilities of the employer to state regulatory authorities

These responsibilities cannot be attributed to those that arise directly before employees, however, their compliance is aimed at organizing favorable work for hired personnel. So, the employer, in relation to management and control bodies, is obliged to comply with all instructions issued by the federal executive authorities exercising state supervision and control over the proper implementation of the norms of the Labor Code of the Russian Federation.

Responsibilities of an employer to its employees

By hiring employees, the employer takes on a fairly large number of obligations. There are many of them for the reason that they must guarantee respect for the rights of employees, which are also enshrined in the Labor Code of the Russian Federation (Article 21). They can be reduced to several groups, differing in the principle of actions taken:

responsibilities related to compliance with Labor Code standards in relation to employees;
responsibilities related to the organization, protection and remuneration of labor;
responsibilities regulating the preparation of working documentation;
Responsibilities for providing work with everything necessary.

Let's consider some of the obligations of the person providing the work, listed in the corresponding list from Art. 22 Labor Code of the Russian Federation.

The employer must provide the hired employees with the work specified in the agreements.
By providing the opportunity to work, the employer is obliged to provide a workplace, equipment, materials, raw materials, special documentation, tools and other factors that will be necessary for full-fledged activities within the framework of the employment agreement.
The organized conditions and principles of compliance with labor safety must meet the requirements established in labor legislation for this industry.
Remuneration for work of equal value should be equal.
Differences in pay must be determined by objective factors provided for by the Labor Code of the Russian Federation: qualifications, length of service of the employee, level of job responsibilities, their number, etc.
Payment of remuneration for labor must be made within the terms established by the collective agreement or individual contracts, if they do not contradict the requirements of the Labor Code of the Russian Federation.
Employees must be provided with rest as a break for meals, days off in accordance with regulations, annual leave, etc.
For categories of workers provided for by law, a special labor regime must be provided: for example, reduced working hours, light work, etc.
Local regulations adopted at the enterprise must be brought to the attention of personnel, which is confirmed by the personal signature of each employee confirming familiarization with them.
The employee must be registered in accordance with the requirements of the law, therefore the employer’s responsibility is to conclude an employment contract with him.
The conclusion of a collective agreement and the conduct of collective bargaining also lies on the shoulders of the employer.
If violations of labor organization and safety are identified, or the employee has reported such violations, the employer must consider these problems and take the necessary measures to eliminate them.
If an employee is harmed due to the fault of the employer, the latter is obligated to compensate for treatment, as well as compensation for moral damage (within the scope of the Labor Code of the Russian Federation).
An employer must provide social insurance for all its employees.

NOTE! Failure to comply with its obligations for the employer is fraught with administrative punishment - a fine. Penalties are provided for by the Labor Code of the Russian Federation, as well as the Tax Code and sometimes the Civil Code of the Russian Federation.

The most serious violations of their duties may deprive the employer of the right to operate and occupy certain positions for a given period.

What are the responsibilities of the employer in terms of organizing the labor process?

The employer must provide each hired employee with the opportunity to perform exactly those functions that are specified in the employment agreement and job description. The requirement to perform other work is prohibited by law (Article 60 of the Labor Code of the Russian Federation) and becomes possible only as a temporary measure (Article 72.2 of the Labor Code of the Russian Federation) either with the consent of the employee or without it (in emergency situations).

The ability to perform the work must be technically ensured by the employer (by providing the necessary tools, equipment and other means), if this follows from the essence of the assigned work. If it is impossible to carry out a labor function due to the lack of necessary technical means, the blame for the employee’s downtime lies with the employer, who is obliged to pay for the time of such downtime (Article 157 of the Labor Code of the Russian Federation).

Conditions for performing work functions must be as safe as possible for the employee. In this regard, the employer has responsibilities (Article 212 of the Labor Code of the Russian Federation):

to identify harmful and dangerous factors in the workplace;
informing the employee about these factors and safety measures;
provision of special protective equipment and training in their use;
demonstration of safe operation techniques using the provided technical equipment;
training in emergency behavior and first aid techniques.

To find out whether the cost of workwear issued to an employee should be subject to personal income tax, read the article “When is workwear subject to personal income tax and when not?”

The employer must take care of ensuring the work and rest schedule, as well as the sanitary and domestic needs of people. In particular, it is important to comply with:

the required length of rest periods (Articles 108–111 of the Labor Code of the Russian Federation);
duration and frequency of regular vacations (Articles 115, 124 of the Labor Code of the Russian Federation);
cleanliness in work areas and regularity of their cleaning (Article 209 of the Labor Code of the Russian Federation);
measures of protection from cold and excessively high temperatures (Article 212 of the Labor Code of the Russian Federation);
conditions for regular comfortable eating and sanitary and hygienic procedures (Article 223 of the Labor Code of the Russian Federation).

Another obligation of the employer related to the organization of labor is the need for compulsory social insurance of employees and the payment of related payments aimed at:

for the formation of a future pension;
provision of a minimum amount of free medical services;
payment of sick leave and benefits related to maternity;
prevention of accidents at work.

Read more about the possibilities of social insurance provided by the Social Insurance Fund in the material “Compulsory social insurance in the Russian Federation - types and contributions.”

What must an employer observe when paying for work?

The employer's responsibilities for remuneration are in fact much broader than those specified in Art. 22 of the Labor Code of the Russian Federation (non-discrimination in payment for work of equal value, meeting deadlines, complete payment of wages), and require compliance (Articles 135, 136 of the Labor Code of the Russian Federation):

a remuneration system developed and approved by the employer;
the procedure for notifying the employee about the formation of the total monthly payment amount;
forms of issuing money convenient for the employee (cash at the place of work or by bank transfer to the bank specified by the employee);
frequency of payments at least 2 times a month with an interval of 2 weeks between them;
dates established for the payment of wages by internal regulations.

Regarding payment terms, the following options are possible:

wages are paid in advance (on the previous working day), the deadline for which, established by internal regulations, falls on a day off (Article 136 of the Labor Code of the Russian Federation);
vacation pay is paid in advance (at least 3 calendar days before the start of the vacation) (Article 136 of the Labor Code of the Russian Federation, letter of the Federal Service for Labor and Employment dated December 21, 2011 No. 3707-6-1);
Sick leave is paid on the salary payment date closest to the calculation made (10 calendar days are allotted for it) (clause 1 of Article 15 of the Federal Law “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006 No. 255-FZ) ;
directly on the day of dismissal, all amounts not received by the employee before that day are paid (Article 140 of the Labor Code of the Russian Federation).

Failure to comply with the 2-week interval and established deadlines may result in the following for the employer:

administrative fine for failure to comply with the requirements of labor legislation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation);
payment to the employee of monetary compensation for the delay (Article 236 of the Labor Code of the Russian Federation);
transfer of vacation at the request of an employee who did not receive vacation pay on time (Article 124 of the Labor Code of the Russian Federation);
the need to pay the employee for the time of suspension of work resulting from a delay in payment of wages (Article 142 of the Labor Code of the Russian Federation);
criminal liability for a manager who caused a delay due to personal interest (Article 145.1 of the Criminal Code of the Russian Federation).

What must an employer do when dismissing an employee?

Upon dismissal, you must pay wages for time worked and compensation for unused vacation.

The employee must receive all payments on the day of dismissal ( ). If the employee did not work that day, the money must be paid no later than the next day after he requested payment.

How to calculate compensation for unused vacation

If an employee goes on vacation before the end of the working year, then vacation days are calculated in proportion to the months worked.
Compensation for previous years is calculated based on 28 days of vacation.
If an employee resigns before the end of the period for which he has already received leave, the company has the right to withhold the amounts paid ( ).

The amount of compensation for unused vacation is calculated according to the rules for calculating average earnings for vacations ( ).

Sometimes employers do not pay compensation for all years of work, but only for part. This is a violation; there is no statute of limitations for such payments ( ).

Upon termination of an employment contract, in addition to compensation for unused vacation, some employees are entitled to severance pay in the amount of two weeks' or one month's earnings ( ).

A benefit in the amount of two weeks' earnings is paid if:

the employee is not fit for the position due to health reasons;
he was called up for military or alternative civilian service;
the person who previously held this position returned (for example, from maternity leave);
the employee refused the transfer when the employer moved to another area.

Severance pay in the amount of average monthly earnings is paid if:

the organization is liquidated;
there has been a reduction in staff.

List of documents required upon dismissal from an employer

You will need to prepare:

dismissal order;
settlement note upon termination of an employment contract;
certificate of income in the form for the current year;
income certificate for calculating temporary disability benefits for the current and two previous years.

How should an employer communicate information with employees?

The Labor Code of the Russian Federation obliges the employer to promptly provide employees (their representatives) with information:

necessary for the development of a collective agreement;
reflected in internal regulations;
which is a response to requests regarding violations of labor laws;
necessary for employee participation in the management of the organization.

Since a collective agreement is the result of a bilateral agreement, employee representatives participating in its creation on behalf of the collective must be fully aware of all the necessary information associated with this document.

Internal regulations are created for the purpose of employees’ compliance with their provisions, so familiarization with them is a fairly important step in the process of bringing the necessary information to the attention of employees and occurs against signature. Failure to comply with the requirements of these documents, subject to compliance with the familiarization procedure, entails disciplinary liability for employees.

Legislatively, the right to monitor compliance with labor legislation is assigned to trade unions (Article 370 of the Labor Code of the Russian Federation), which can act for these purposes in various forms - from authorized persons to labor inspectors. A fairly wide range of powers granted to them allows them to quickly identify violations and demand that the employer eliminate them. The employer has a period of 1 week (Article 370 of the Labor Code of the Russian Federation), during which he must:

consider the requirement;
take measures to eliminate the violation;
inform the body that contacted him about the results of consideration of the appeal and the measures taken regarding it.

The right of employees to participate in the management of the organization is provided for in Art. 52 Labor Code of the Russian Federation. To implement it, a mutual exchange of information is necessary (Article 53 of the Labor Code of the Russian Federation), in which the parties receive information of the following nature:

employer - in terms of taking into account the opinions of employees when creating a collective agreement and internal regulations, receiving proposals for improving the work of the organization;
employee - in relation to changes in the structure of the organization, production technology, prospects for the development of the enterprise.

Article 22. Basic rights and obligations of the employer.

§ 1. Since an employment contract is a bilateral agreement, the legislator establishes the basic rights and obligations of not only the employee, but also the employer. The commented article formulates seven groups of employer rights. One of the fundamental rights of an employer is the right to conclude, amend and terminate employment contracts with employees in accordance with this Code and other federal laws. The Code provides for a general procedure for concluding (see Articles 65 - 71), changing (see Articles 72 - 74) and terminating (see Articles 81 - 82) an employment contract at the initiative of the employer (see the listed articles of the Code and comments to them). The legislator provides for the specifics of concluding an employment contract when entering the state civil service.

§ 2. Fundamental employer rights include the right to conduct collective bargaining and enter into collective agreements. Thus, the employer has the right to initiate collective bargaining. In this case, the employee representative is obliged to enter into negotiations within seven days. The employer also has broad rights at the stage of concluding a collective agreement, since it is signed by the parties (for more details, see Article 43 and the commentary thereto).

§ 3. The employer has the right to demand from employees the conscientious performance of their labor duties, compliance with the internal labor regulations of the organization, careful treatment of the employer's property, including the property of third parties located at the employer, if the employer is responsible for the safety of this property, and other employees , compliance with internal labor regulations. The employer has the right to reward employees who conscientiously perform their job duties, and to bring violators of labor discipline to disciplinary and financial liability.

§ 4. One of the important rights of an employer is to adopt local regulations within its competence. They are mandatory for employees of the organization. For example, internal labor regulations, regulations on bonuses, etc. Employers who are individuals who are not individual entrepreneurs do not have this right.

§ 5. Fundamental rights include the right to create and join employers' associations for the purpose of representing and protecting their interests. There is a wide range of employer rights here. For example, conducting collective negotiations regarding the preparation and implementation of laws and other normative legal acts, monitoring the progress of implementation of collective contracts and agreements, assisting in the resolution of collective labor disputes, etc.

§ 6. In addition to rights, the commented article assigns a set of certain responsibilities to the employer. In accordance with Part 2 of Art. 22 of the Code, the employer is obliged to comply with labor legislation, other regulatory legal acts, agreements, collective agreements, agreements, employment contracts, provide all employees with work stipulated by the employment contract, promptly comply with all instructions of state supervisory and control bodies, pay fines imposed for violations of laws, other regulatory legal acts containing labor law norms. The employer is obliged to consider submissions from the relevant trade union bodies and other representatives elected by employees about identified violations of laws and other acts containing labor legislation, take measures to eliminate them and be sure to report the measures taken to the relevant bodies and representatives. The employer is obliged to familiarize the employee, upon signature, with the adopted local regulations directly related to his work activity. It is also important to point out that the employer is obliged to create conditions that ensure the participation of employees in the management of the organization. In addition, in order for employees to perform their job duties, the employer is obliged to provide them with necessary household items.

§ 7. It should be noted that the employer is obliged to provide employees with equal pay for work of equal value. The establishment of such an obligation ensures the creation, first of all, of a fair remuneration system. This principle is consistent with international wage standards. The employer is obliged to pay employees wages within the terms established by this Code, collective agreements, internal regulations and the employment contract.

§ 8. The employer is obliged to compensate for damage caused to the employee in connection with the performance of his job duties, as well as to compensate for moral damage caused to the employee by the employer’s unlawful action or inaction (see comments to Articles 234 - 237 of the Code).

§ 9. In Art. 22 states that the employer is obliged to provide compulsory social insurance to the employee in the manner established by federal law. The employer is the policyholder, and the policyholder is an organization of any organizational and legal form, as well as citizens obliged, in accordance with federal laws on specific types of compulsory social insurance, to pay insurance premiums (mandatory payments). The obligations of the policyholder are determined by the Federal Law “On the Basics of Compulsory Social Insurance” (SZ RF. 1999. N 29. Art. 3686; 2003. N 1. Art. 5), other specified federal laws. The main responsibility of the policyholder is to register accordingly and pay insurance premiums on time and in the proper amount. What mandatory payments were established for 2002, 2003 and 2004? They are defined in Art. 241 ch. 24 “Unified social tax (contribution)” of the Tax Code of the Russian Federation. It specifies mandatory payments to the federal budget (they are intended to pay labor pensions), to the Social Insurance Fund and compulsory health insurance funds. This chapter contains regulatory material relating to taxpayers; object of taxation; tax base; amounts not subject to taxation; tax benefits; tax and reporting periods; determining the date of payments and other remuneration; the procedure for deduction and payment of tax and some other issues. From January 1, 2005, Federal Law No. 70-FZ of July 20, 2004 significantly reduced tax rates (SZ RF. 2004. N 30. Art. 3088). For the main taxpayers, they amount, for example, to the federal budget to ensure the payment of labor pensions 20.0%, to the Social Insurance Fund 3.2%, to the compulsory health insurance funds 2.8%. In total, therefore, 26.0% instead of 35.2% in 2004. For pensions, the indicated rates were reduced from 28.0 to 20.0% (by 28.6%), for other funds, respectively, from 4.0 to 3.2 (by 20%), from 3.2 to 2.8% (by 12.5%). With such a sharp reduction in the unified social tax, one should not count on improved provision from compulsory social insurance funds. The Federal Law of December 15, 2001 “On Compulsory Pension Insurance in the Russian Federation” (SZ RF. 2001. N 51. Art. 4832; 2004. N 30. Art. 3088) specifies the rates of insurance contributions that form part of the unified social tax , credited to the Pension Fund and intended to finance the insurance part of the labor pension and the funded part of the labor pension (they differ depending on the age of the insured, while contributions are collected to finance the funded part of the labor pension from both men and women born in 1967 and younger (see Chapter V and Article 33 of the said Federal Law)). On providing the employee with funds from compulsory social insurance, see Art. 21, 183, 184, 255 - 257 and comments to them.

§ 10. Analyzing this article, you need to know that the list of basic rights and obligations of the employer is not exhaustive. In Art. 22 states that the employer is also obliged to fulfill other obligations provided for by this Code, federal laws, regulations containing labor law standards, collective agreements, agreements and employment contracts.

What should be considered in matters of compensation for harm to an employee?

Causing harm to an employee entails financial liability of the employer to him. The Labor Code of the Russian Federation provides for several types of such liability:

for loss of income due to illegal deprivation of the opportunity to work (Article 234 of the Labor Code of the Russian Federation);
damage to employee property (Article 235 of the Labor Code of the Russian Federation);
delay in payment of wages (Article 236 of the Labor Code of the Russian Federation);
moral damage (Article 237 of the Labor Code of the Russian Federation).

Any type of liability will arise if there is (Article 233 of the Labor Code of the Russian Federation):

the employer’s fault for the harm caused to the employee (except for delay in payment of wages, for which the presence of fault does not matter);
proof of the amount of damage.

Read more about employer liability in the article “Financial liability of the employer to the employee”.

What are the employer’s responsibilities regarding a special assessment of working conditions?

The employer's responsibilities in terms of special assessment of working conditions, as well as rights, are established in Art. 4 of Law No. 426-FZ. They are necessary:

ensuring that working conditions are assessed for all available jobs;
providing comprehensive information regarding working conditions at each of the workplaces of the organization performing the special assessment;
promoting the fullest possible disclosure of all factors influencing working conditions at each specific workplace;
obligatory familiarization of the employee with the results of the special assessment;
accompanying the assessment process with the necessary explanations for the employee;
taking measures to improve working conditions based on the results of a special assessment.

What other responsibilities are implied for the employer?

Other responsibilities that an employer must fulfill include, for example:

the need to issue documents related to work at the request of the employee (Article 62 of the Labor Code of the Russian Federation);
ensuring normal working conditions (Article 163 of the Labor Code of the Russian Federation);
creation of a labor protection system that meets established requirements (Article 212 of the Labor Code of the Russian Federation).

These kinds of obligations of the employer are established in various sections of the Labor Code of the Russian Federation, which is due to the very system of relations between the employer and the employee, which implies the presence of mutual obligations.
In addition, there may be obligations additionally established for the employer by internal regulations. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

SECTION X “LABOR PROTECTION” OF THE LABOR CODE OF THE RF: WHAT HAS CHANGED

The new edition of the section contains a large number of innovations. A number of requirements were included for the first time, and some were adjusted or completely excluded. Some changes are minor, technical in nature and will not affect the work of the occupational safety specialist (hereinafter referred to as OSH) and HR officer, while others will require changes to local regulations (LNA).

The most serious changes await us:

• after March 1, 2022 - when the new edition comes into force, and

• in the second half of 2024 - when we will have to develop new standards for issuing PPE.

And now let's talk about everything in order.

The structure has changed

Section X of the Labor Code of the Russian Federation now has 1 chapter and 9 more articles: