TP for beginners
Good day, Habr. By the will of fate (well, or occasion, here who believes what), I work at one of the enterprises that are part of a well-known company that had a “romance” during an election campaign with a man similar to the then presidential candidate. Names are not important. The fact is that my profession is slightly atypical for this resource. I'm a lowyer. And therefore, I would like to conduct an excursion into the very origins of our TP. Yes Yes. You did not think. namely TP. We are now about labor law? In general, this article “inspired” me, which tells about the successful struggle with the employer. I would like to give you some more knowledge based on the theory and practice of applying the current Labor Code.
To begin with, if you will allow, a small button accordion from a bashorg:
Well, who cares - welcome under cat.
I do not know how anyone, but it seems to me that our labor law, that is, that branch of law that regulates the legal relations arising in connection with the performance of labor functions are issues related to hiring, regulation of working conditions, internal transfers and dismissal, is very loyal to employees. But this does not mean that the law is always on their side. In this article, I see no reason to describe issues related to the regulation of working conditions and internal translations. If they give me an invite, then, in principle, I can answer any questions in the comments.
And so, first of all, it is necessary for ourselves to understand that the Labor Code (hereinafter - the Labor Code) directly regulates these issues. That is, its execution is mandatory for execution regardless of the presence of by-laws (without considering the option of public service). So, if there are issues related to employment, or dismissal, it is necessary to watch the relevant chapters of the Labor Code. Where to get the current version? Well, corny on reference systems sites, such as Consultant Plus , Garant , etc. For the most impatient, I will say that on the issue of formalizing labor relations (read, concluding an employment contract), you must look at Chapter 11 of the Labor Code, and regarding the termination of labor relations (read, termination of an employment contract) you must watch Chapter 13 of the Labor Code.
Well, a little advice from me, which must be performed when signing any documents: always read what you sign - be it forms, statements, contracts, etc. Try to understand the essence. If it is not clear, ask for clarification (preferably also in writing, but I am more than confident that in practice this will not come to this).
Behind the unlimited number of circles of theMoscow Ring Road . And they tell you that you have been hired by Senior XYZ Developer. In theory, you should be given an employment contract immediately, which will spell out the conditions for your work, such as the formal start of working time, the salary (“white” part of salary), the name of the position, etc. Together with the signing of the employment contract, you should be familiar with the local acts regulating the activities of the enterprise as a whole, the structural unit in which you work, etc. The final act in this chain is your job description. An array of acts with which you are familiarized, together with your employment contract, from a formally legal point of view, is the very set of documents that will define the norms of your work, i.e. your duties, functional submission, etc. Violation of the conditions of these documents on your part, as an employee, will be the basis for applying penalties to you, up to and including dismissal. If you turn on the paranoid mode (i.e. maximum caution from the point of view of the law), you can ask for copies of documents with which you have “read” certified by the employer. One copy of the employment contract, regardless of copies of other documents, should be in your hands.
On the basis of a signed labor contract, the employer issues an order in a unified form, with which you must become familiar. Ko note: this is evident from the order form.
Separately, I would like to dwell on the provisions on wages, provisions on bonuses, etc. These provisions, as is evident from the name, regulate the wage premiums. Why am I writing about this? There are not rare cases when the salary is gray / black, and there are such provisions. At the same time, the salary part of earnings (in the employment contract) is set at the level of the minimum wage, and the rest is the premium. And here it is necessary to look carefully, in order to understand on what basis the employer has non-award bonuses. If the list of such grounds is open, i.e. It is not exhaustive (contains phrases like "etc.", "etc.", etc) then this is a reason to think about the stability of the award, because the employer, if he wants not to pay money, will look for any ways to do this. Including, a great way to save - saving on the premium part. If you have bonuses based on key performance indicators - also look at how achievable they are. If there are no such provisions, then, from a documentary point of view, you subscribe to work solely on the basis of the salary established by the employment contract. I will especially emphasize - this is only a documentary point of view and in the process even such moments can be proved by non-documentary evidence.
As much as I would not like to write about it, but it is necessary. I would just like to say that I will not touch upon the distribution of taxes and contributions from the wage fund. Here I will try to be brief. We will understand wages in a broad sense - i.e. salary + bonus. Regarding it, there is a direct rule that the wages are paid at least every half month per day, established by the internal labor regulations, the collective agreement, the employment contract. You do remember that you are already familiar with these documents? See part two of this article. From the "amenities", I would like to note that for each day of the delay in wages, the employer pays 1/300 of the refinancing rate (about 8% now) in the amount of debt. It turns out an astronomical amount - for 300 days of delay in the payment of wages, you will receive it in the amount of approximately 8% more than the original debt. Well, if you delay the payment for more than 15 days, you can pause your work by notifying your employer in writing. Always understand payroll deductions. You should not have gaps in understanding that for which you have not added any part of it.
In this part, perhaps, it is necessary to consider several options. Option one - the employer wants to fire you. My opinion. taking into account the practice, such that it will be so, or otherwise organized. At best, through reductions, with a change in the corresponding part of the staffing table, in this case, you can receive the compensation payments due. In the worst case, through dismissal on another basis. For example, for prog. The size of compensation payments in this situation will be less.
The second option - we want to quit ourselves. It all depends on the employer - if the relationship is normal, then we write the appropriate statement and give it to personnel officers. After that, we decide on the basis for dismissal - the standard term - 14 days from the moment of “notification” of the employer with a statement. This term can be shortened, but, at the same time, the wording of the dismissal will be "by agreement of the parties." Or a different attitude - the employer does not accept your application - we send it by registered letter with acknowledgment of receipt (hello Post of Russia, or any express delivery companies) to the legal address of the organization. After 14 days from the date of delivery of the said application - solemnly heading into the forest of the current employer. All compensation that must be paid by the employer must be paid on the day of dismissal.
')
What did I want to say with this article? You yourself can well protect your rights in labor disputes. There is no universal recipe. Each case is individual. I do not in any way call for paid consultations, or something like that. My opinion is that a person can himself defend his rights in labor relations. In the spoiler to this part will be a couple of procedural moments.
To begin with, if you will allow, a small button accordion from a bashorg:
roman: are there lawyers familiar sensible?
S_Style: what right interests?
roman: conflicts with the employer - what is the right?
S_Style: serf
Well, who cares - welcome under cat.
Part one. Water inlet.
I do not know how anyone, but it seems to me that our labor law, that is, that branch of law that regulates the legal relations arising in connection with the performance of labor functions are issues related to hiring, regulation of working conditions, internal transfers and dismissal, is very loyal to employees. But this does not mean that the law is always on their side. In this article, I see no reason to describe issues related to the regulation of working conditions and internal translations. If they give me an invite, then, in principle, I can answer any questions in the comments.
And so, first of all, it is necessary for ourselves to understand that the Labor Code (hereinafter - the Labor Code) directly regulates these issues. That is, its execution is mandatory for execution regardless of the presence of by-laws (without considering the option of public service). So, if there are issues related to employment, or dismissal, it is necessary to watch the relevant chapters of the Labor Code. Where to get the current version? Well, corny on reference systems sites, such as Consultant Plus , Garant , etc. For the most impatient, I will say that on the issue of formalizing labor relations (read, concluding an employment contract), you must look at Chapter 11 of the Labor Code, and regarding the termination of labor relations (read, termination of an employment contract) you must watch Chapter 13 of the Labor Code.
Well, a little advice from me, which must be performed when signing any documents: always read what you sign - be it forms, statements, contracts, etc. Try to understand the essence. If it is not clear, ask for clarification (preferably also in writing, but I am more than confident that in practice this will not come to this).
Part two. Reception and work
Behind the unlimited number of circles of the
Definitions of actions previously talked about
Familiarization - a mark in a certain place of the form “I, Vasily Voldemarovich Pupkin, acquainted with% document_name%. Date, signature. As a rule, only fields with a date and a signature are given for completion. In rare cases with full name.
Certified by the employer copies of documents - copies with the mark of the representative of the employer "copy is true", affixing the signature and stamp of the organization / personnel service. On good, such a mark should be on every page of a multipage document. And, again, for good, a person who certifies copies of documents must have a power of attorney signed by the executive body (director, etc.) and certified by the seal of the organization - but this is a legal jungle.
Certified by the employer copies of documents - copies with the mark of the representative of the employer "copy is true", affixing the signature and stamp of the organization / personnel service. On good, such a mark should be on every page of a multipage document. And, again, for good, a person who certifies copies of documents must have a power of attorney signed by the executive body (director, etc.) and certified by the seal of the organization - but this is a legal jungle.
On the basis of a signed labor contract, the employer issues an order in a unified form, with which you must become familiar. Ko note: this is evident from the order form.
Separately, I would like to dwell on the provisions on wages, provisions on bonuses, etc. These provisions, as is evident from the name, regulate the wage premiums. Why am I writing about this? There are not rare cases when the salary is gray / black, and there are such provisions. At the same time, the salary part of earnings (in the employment contract) is set at the level of the minimum wage, and the rest is the premium. And here it is necessary to look carefully, in order to understand on what basis the employer has non-award bonuses. If the list of such grounds is open, i.e. It is not exhaustive (contains phrases like "etc.", "etc.", etc) then this is a reason to think about the stability of the award, because the employer, if he wants not to pay money, will look for any ways to do this. Including, a great way to save - saving on the premium part. If you have bonuses based on key performance indicators - also look at how achievable they are. If there are no such provisions, then, from a documentary point of view, you subscribe to work solely on the basis of the salary established by the employment contract. I will especially emphasize - this is only a documentary point of view and in the process even such moments can be proved by non-documentary evidence.
The process is
it is already implied that the labor dispute will be dealt with directly in court according to the norms of the civil procedure code. A description of the process is, after all, beyond the scope of this article.
Part Three Pay and deposit
As much as I would not like to write about it, but it is necessary. I would just like to say that I will not touch upon the distribution of taxes and contributions from the wage fund. Here I will try to be brief. We will understand wages in a broad sense - i.e. salary + bonus. Regarding it, there is a direct rule that the wages are paid at least every half month per day, established by the internal labor regulations, the collective agreement, the employment contract. You do remember that you are already familiar with these documents? See part two of this article. From the "amenities", I would like to note that for each day of the delay in wages, the employer pays 1/300 of the refinancing rate (about 8% now) in the amount of debt. It turns out an astronomical amount - for 300 days of delay in the payment of wages, you will receive it in the amount of approximately 8% more than the original debt. Well, if you delay the payment for more than 15 days, you can pause your work by notifying your employer in writing. Always understand payroll deductions. You should not have gaps in understanding that for which you have not added any part of it.
Part Three Layoff final
In this part, perhaps, it is necessary to consider several options. Option one - the employer wants to fire you. My opinion. taking into account the practice, such that it will be so, or otherwise organized. At best, through reductions, with a change in the corresponding part of the staffing table, in this case, you can receive the compensation payments due. In the worst case, through dismissal on another basis. For example, for prog. The size of compensation payments in this situation will be less.
The second option - we want to quit ourselves. It all depends on the employer - if the relationship is normal, then we write the appropriate statement and give it to personnel officers. After that, we decide on the basis for dismissal - the standard term - 14 days from the moment of “notification” of the employer with a statement. This term can be shortened, but, at the same time, the wording of the dismissal will be "by agreement of the parties." Or a different attitude - the employer does not accept your application - we send it by registered letter with acknowledgment of receipt (hello Post of Russia, or any express delivery companies) to the legal address of the organization. After 14 days from the date of delivery of the said application - solemnly heading into the forest of the current employer. All compensation that must be paid by the employer must be paid on the day of dismissal.
')
Part Four Instead of conclusion
What did I want to say with this article? You yourself can well protect your rights in labor disputes. There is no universal recipe. Each case is individual. I do not in any way call for paid consultations, or something like that. My opinion is that a person can himself defend his rights in labor relations. In the spoiler to this part will be a couple of procedural moments.
It
- For complaints against the employer, there are such excellent bodies as the state labor inspectorate and the prosecutor's office.
- No one bothers you to troll the employer through your friends - I would not like to give such advice, but it seems that it works
- A very short period has been set for appealing in court of labor disputes - about 1-3 months.
- At the slightest hint of conflict, try to get copies of the documents that govern your business and with which you are familiar.
- In a trial, you can even prove a gray salary, referring to bank statements, witness testimony, etc.
- The law is not always on the side of the worker. But it establishes the obligations of the employer, in violation of which, the appropriate disciplinary action (order for dismissal, etc.) can be canceled
Source: https://habr.com/ru/post/285598/
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