What is the protection of workers' labor rights? Why is it needed, what functions does it perform, and in what cases are employees entitled to various compensations, and employers are entitled to restrictions and fines?
Facts show that such side of labor relations as the employee is the least protected. Leaders are different. It is difficult to call the management of some of them anything other than arbitrariness. Therefore, it is very important that the state protects workers from exceeding the authority of the manager. Different states have different levels of such protection. But we’ll tell you more about Russia.
Residents of Russia have long been accustomed to higher authorities protecting their rights. Since the days of the dominance of the Soviet political system. And this protection begins with the use of documents such as the Labor Code (LC). First of all, it is the Code that guarantees such protection.
The Labor Code was created according to the traditions of the Labor Code. Section No. 13 was created specifically for this purpose. It regulates the concept and forms of protection of workers' labor rights, and other important issues. For example (not all issues are mentioned below), how labor disputes are resolved, what responsibility the management will bear if the employee’s labor rights are infringed. That is, the legislation is interested in ensuring that all measures to protect the labor rights and freedoms of workers are implemented.
Speaking about this concept itself, it is necessary to first decide in what aspect it interests. It can be considered in narrow and broad aspects.
The protective function of labor law represents the broad meaning of this concept. It, in turn, reflects the same function of the entire state. Labor rights protection of workers consists of several components through which it protects the rights of workers. But they will be discussed in more detail below.
For now, it must be said that protecting the rights of company employees in a broad sense includes this concept in a narrow sense. In a narrow sense, protection of rights means a guarantee that all workers’ rights will be respected. They will be protected from violations, and the organization’s employees will be protected from them. If there has been an illegal violation of rights, protection means their actual restoration. And also a guarantee that, in accordance with the Labor Code and the instructions of the relevant authorities, employers will bear the responsibility provided for their violations. This responsibility should not be nominal, but more than real and effective.
Methods of protection that are used to protect the rights of employees
All these methods are listed below:
- Promoting the implementation of Labor Code in all possible ways. First of all, through the most frequently used media.
- Establishment at the state level (with the help of other labor legislation documents) of the most decent working conditions at the enterprise. This also includes a guarantee of labor rights, which are increased and supplemented as necessary. They are developed by regional labor laws.
- Constantly increasing the democracy of production. It can be carried out either with the help of representatives or directly. Democracy through representatives means “through other employees or trade union organizations.” It is important that employees themselves help formulate internal rules and decide whether it is necessary to conclude collective agreements. It is very important that it is not only the employer who makes such decisions. In this way, a kind of equality is achieved between the employer and the people working for him.
Among other things, the methods also involve the implementation of such an important point as the social protection of personnel.
In addition, the rights of employees are required to be protected by organizations that resolve labor disputes. It is equally important that their social security is ensured. If necessary, personnel should have the opportunity to appeal to the courts.
Who protects workers' rights
The grounds for inspections by the labor inspectorate may include statements and complaints from citizens, media materials, judicial practice data and other sources of information. An unscheduled inspection, for example, can be initiated by employees of an organization due to a violation of their labor rights (for example, illegal conclusion of fixed-term employment contracts in an organization), due to industrial accidents or due to other circumstances. The Labor Inspectorate guards compliance with labor laws and protects the labor of employees. In accordance with Art. Art. 353 and 354 of the Labor Code, state supervision and control over compliance with labor legislation is carried out in all organizations on the territory of the Russian Federation.
Please note => How to correctly indicate the part-time work mode if the employee works at the same enterprise at 05 rates
Different types of control over employee rights and who carries them out
The most important and having the opportunity to make the most important decisions is state control. The organizations that are responsible for it also include companies involved in labor protection.
Supervision and control over compliance with personnel rights is divided into several types:
- preliminary;
- current;
- subsequent.
The last of these types of control is carried out by organizations such as the prosecutor's office and the court. They begin their work if it has been revealed that the labor rights of workers and labor protection rules have been violated. By the way, it is labor safety rules that regulate such an important thing as social protection of workers.
In other cases, a large number of other organizations deal with issues of supervision and control in the labor sphere. To ensure that all labor laws are implemented as accurately as possible, the General Prosecutor's Office of the Russian Federation and lower similar bodies are constantly working.
Which organization is responsible for state control over compliance with workers' rights and all labor protection laws? First of all, it is carried out with the help of the Federal Labor Safety Inspectorate and other institutions that are subordinate to it. It is the Federal Inspectorate that is the main body that regulates the protection of workers' rights.
LABOR LAW
Protection of labor rights of workers by trade unions. Self-defense of labor rights by employees Trade unions have the right to monitor compliance by employers and their representatives with labor legislation and other regulatory legal acts containing labor law norms. Within a week from the date of receipt of the request to eliminate the identified violations, employers are obliged to inform the relevant body of the trade union organization about the results of consideration of this request and the measures taken. To monitor compliance with labor legislation and other regulatory legal acts containing labor law norms, all-Russian trade unions and their associations can create legal and technical labor inspectorates of trade unions. Trade union labor inspectors have the right to freely visit organizations, regardless of their organizational and legal forms and forms of ownership, in which members of a given trade union or trade unions included in the association work, to conduct inspections of compliance with labor legislation, legislation on trade unions, as well as compliance with the terms of the collective agreement, agreements. Authorized (trusted) persons for labor protection of trade unions have the right to freely check compliance with labor protection requirements in organizations and make mandatory proposals for consideration by officials to eliminate identified violations of labor protection requirements (Article 370 of the Labor Code of the Russian Federation). Within a week from the date of receipt of the request to eliminate the identified violations, employers are obliged to inform the relevant body of the trade union organization about the results of consideration of this request and the measures taken. When making a decision on possible termination of employment , the elected trade union body considers the issue and sends its motivated opinion to the employer in writing. The employer does not take into account an opinion not submitted within the specified period or an unmotivated opinion. The employer is obliged to provide free of charge the elected trade union bodies of primary trade union organizations operating in the organization with premises for holding meetings, storing documentation, and also provide the opportunity to post information in a place accessible to all employees. In an organization with more than 100 people, the employer provides free of charge for the use of the elected trade union bodies operating in the organization at least one equipped, heated, electrified room, as well as office equipment, communications equipment and the necessary regulatory legal documents. If there are written applications from employees who are members of the trade union, the employer transfers union membership dues from the employees' salaries to the account of the trade union organization free of charge on a monthly basis. The work of the head of the elected trade union body of the organization can be paid at the expense of the organization in the amounts established by the collective agreement.
Other important points about these organizations
Together with the inspection, organizations specially designed for this monitor the safety of work in certain industries.
The activities of each of these bodies are regulated by special provisions relating to each of them.
What rights does each of the organizations mentioned have? In particular, they can visit any organizations or production facilities under their jurisdiction at any time without any obstacles. Of course, only if they need to do this for inspection or accident investigation. In addition, they have the right to issue instructions to the administrations of these productions, which they must comply with. If the equipment they are using is found to be faulty, they have the right to stop using it for a time. If officials of production organizations have committed labor violations, then these bodies have the right to impose fines on them.
In addition to the organizations mentioned above, trade union organizations play a large role in monitoring the protection of workers' rights.
This is one of the forms of union of workers. The rights of trade unions are regulated by the Labor Code of the Russian Federation. This organization has considerable power. In particular, management cannot accept a single document that says anything about the rights and obligations of employees without taking into account the opinion of trade unions. Every employee has the right to join a trade union. The Constitution of the Russian Federation gives him this right. How are the activities of trade union organizations regulated?
First of all, by themselves and various regulations. But, as already mentioned, they have many rights, thanks to which all measures of social protection for personnel are ensured in practice. Therefore this service is very important.
Self-defense and important points
Self-defense allows an employee to independently resolve all problems that he or she has. But if his powers are violated, he can also send applications to government agencies . Typically, self-defense can only be used in a few cases.
These include situations when:
- wages are regularly delayed, and the deadline for transfers changes without notifying the employee;
- salaries are not paid at all;
- TB rules are not followed.
The legislature provides the only line of self-defense, which implies a complete refusal to work. For example, if a problem arises when the boss does not pay wages for fifteen days, then any citizen can refuse to fulfill his duties and will be right.
But at the same time he must notify the company in writing. The employee will not leave until the violation is corrected.
The boss notifies the worker in writing that he can pay him money. If at this moment a person is not present at the workplace, he in any case has the legal right to receive an average salary.
In addition, any working person can refuse a manager when he offers to perform a type of work that is not specified in the TD.
IMPORTANT! This option may pose a threat to life or health. Therefore, the worker has the right to self-defense. There is no need to expect any persecution from the boss; such behavior of the employee is his legal right.
But you can also ask for protection from government agencies. For example, you can contact the labor inspectorate or court to challenge all illegal manipulations on the part of management.
The decision of these organizations will be binding on the parties, so if the employee’s case has not been officially proven, he must begin to perform his duties immediately.
What organizations are involved in protecting the rights of workers in disputes with employers?
Method 3 Additional information Types of violations of labor laws may be as follows: “gray” wages; there is no employment contract; the mandatory terms of the employment contract are not specified; the employee was not given a second copy of the employment contract; assignment to work on a day off or overtime without the written consent of the employee and without additional payment in accordance with the Labor Code of the Russian Federation; lack of required vacation for the employee during the year; delay in payment of wages, vacation pay and other due payments; imposition of fines on employees; unequal assignment of benefits and bonuses; increase in the amount of work without providing compensation (additional payments, allowances); violation of labor protection requirements; transfer of employee personal data to third parties; illegal dismissal at the initiative of the employer; dismissal of an employee due to personal hostility of the employer towards the employee. from the day the rights of a working person were violated. If the rights associated with hiring, reinstatement or dismissal from work are violated, then this period is even shorter - 1 month. These deadlines can be extended only if the employee proves that they were missed for valid reasons.
21 Dec 2021 marketur 236
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