Material and non-material guarantees in labor law. Workers' Guarantees and Compensation

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Section VII of the Labor Code of the Russian Federation is devoted to guarantees and compensations provided to employees. The structure of the section includes chapters containing general provisions (chapter 23) and certain types of guarantees and compensations (chapters 24-28). In one section, it is impossible to fully regulate the guarantees and compensations provided to employees, therefore, the legislator also includes provisions in other sections of the Labor Code that determine the provision of guarantees and compensations to employees.

For the first time at the federal level, the concept of guarantees and compensations is fixed in the Labor Code. According to Part 1 of Art. 164 of the Labor Code guarantees are the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured. The basic rights of an employee include the right to:

conclusion, amendment and termination of an employment contract;

provision of work stipulated by the employment contract; a workplace that meets the conditions stipulated by state standards for the organization and safety of labor and the collective agreement;

timely and in full payment of wages; relaxation; full reliable information about working conditions and labor protection requirements at the workplace; vocational training, retraining and advanced training; association, including the right to create trade unions, etc. Berdychevsky V.S. and others. Labor law. Tutorial. M., 2002. S. 105 ..

While proposing the concept of guarantees, the legislator, at the same time, does not disclose what is meant by the means, methods and conditions that ensure the exercise of their rights by employees.

It seems that the funds should include payments made to the employee in connection with his failure to fulfill his labor duties for good reasons, as well as the methods used to ensure the implementation of the rights granted to the employee. For example, saving the place of work (position) and average earnings for an employee sent on a business trip.

Methods should be understood as a certain course of action, a method of doing something that ensures the realization of the employee's rights: for example, extrajudicial and judicial methods of protection.

Conditions should be understood as the requirements, rules established by law, as well as a certain agreement of the parties (consent employee), performance which ensures the realization of the rights of the employee. For example, termination of an employment contract at the initiative of the employer in the event of a reduction in the number or staff of employees is allowed if it is impossible to transfer the employee with his consent to another job. If, according to the general rule, the employee is personally warned about the upcoming dismissal on this basis against a receipt of at least two months, then with the written consent of the employee, the employer has the right to terminate the employment contract without warning.

The concept of "guarantee" covers not only monetary payments of a guarantee nature (there are two types - "guarantee payments" and "guarantee surcharges"), but also those measures ("means, methods, conditions") that ensure employees the exercise of their rights in the sphere of labor. In cases where a worker or employee is distracted from the performance of his labor duties for good reasons provided for by law, he is guaranteed the payment of certain amounts of money Zinchenko V. Labor Code: guarantees and compensation // Social protection. 2002. No. 6. .

Guarantee payments is the preservation of the average salary for the employee (in whole or in part) for the time when, for good reasons provided for by law, he did not fulfill his labor duties. Guarantee payments are made in case of: performance of state and public duties during working hours; exemption from work due to labor protection and health of workers (annual leave, mandatory medical examination, blood donation for transfusion, breaks included in working hours); performance of work on the introduction of inventions and rationalization proposals, downtime through no fault of the employee; increasing the employee's qualifications and education without interruption from production. In some cases, guarantee payments are made upon termination of the employment contract; this refers to severance pay, payment for forced absenteeism and the period of delay in the calculation upon dismissal. The purpose of assigning guarantee payments is to preserve the employee's standard of living when he is distracted from work to perform state or public duties or in other cases specified by law. They, like wages, are paid through the cash desk of production, but (unlike wages) not for the results of labor, labor contribution, but for the time of absence from work in cases specified by law. Guarantee payments are specific. They are not remuneration for labor for the reason that they are not commensurate with the quantity and quality of labor actually expended by the employee in the period for which they were paid. Their intended purpose is to prevent possible losses in earnings due to the fact that the employee is distracted from the performance of labor duties.

Guarantee payments for the most part represent the average earnings of an employee or a certain part of it. In some cases, they are calculated from the tariff rate or salary of the employee.

In strictly defined cases, when an employee, although he continues to work, cannot, for a number of reasons, fully perform his production functions stipulated by the employment contract, he retains his usual or close to it level of remuneration Labor Law of Russia / Ed. S.P. Mavrina and E.B. Khokhlova. M., 2003. S. 68 ..

Warranty surcharges are made for the same purpose as payments, but with an additional payment in cases specified by law. Unlike guarantee payments, guarantee surcharges are directly related to the performance of labor functions by the employee. In addition, if the guarantee payments are made instead of wages, then the guarantee surcharges do not completely replace the wages, but are added to the wages accrued for the time actually worked or for the actually manufactured products. ed. R. 3. Livshits, Yu. P. Orlovsky. M., 1998. S. 235.

Types of guarantee payments and additional payments can be grouped into three groups:

Dependent on the production or actions of the manager;

Implementation of the employee's right to paid leave and guarantee surcharges;

Not dependent on production, but necessary for the state, society.

The first group includes the following four types of guarantee payments and additional payments.

Payment of the time of forced absenteeism to the unlawfully dismissed upon his reinstatement at work - in the amount of the average earnings for the entire period of forced absenteeism or the difference in earnings, if he was performing lower-paid work at that time. The same amounts are paid without the reinstatement of an illegally dismissed employee, when the employee only asks to change the wording of his illegal dismissal, in connection with which he had a forced absenteeism.

Payment of the average earnings of a pregnant woman during her release on medical prescription from hard work with a transfer to an easier one, but the administration is unable to find such work.

Severance pay in accordance with Art. 178 of the Labor Code upon dismissal of an employee without his fault in the amount of two weeks and monthly average earnings (for some categories of workers, for example civil servants, severance pay is established by special legislation in significantly increased amounts).

Saving the average earnings for the released employee up to 3 months (including severance pay) for the period of his employment (Article 178 of the Labor Code). Federal civil servants retain their average earnings even for the time they are suspended from work for up to 1 year, for example, during a disciplinary investigation. In the event of a decrease in wages through no fault of theirs in a new place, displaced workers are given a guarantee supplement to the previous average earnings within 2 months from the date of displacement.

The second group of guarantee payments and additional payments is related to the payment of vacations and other similar time:

Guarantee payments in the amount of average earnings during the annual basic and paid additional vacations, including maternity and special-purpose vacations for study, as well as to employees sent by production to advanced training courses;

Guarantee additional payments for a break for feeding a child up to 1.5 years and for short breaks for heating, physical education;

Additional payment to women in the village and regions of the Far North and areas equated to them, as well as adolescents for reduced working hours;

Additional payment when transferring an employee to another lower-paid job up to his previous average earnings within a month, and when transferring in connection with a labor injury due to the fault of the enterprise, until the restoration of working capacity or the establishment of disability (Article 182 of the Labor Code);

Additional payments up to the previous average earnings for pregnant and lactating mothers when transferred to lighter work.

The third group of guarantee payments includes:

Payment for the time of fulfillment of state or public duties according to the average salary of an employee. The employer is obliged to release the employee for this time from the main work in cases provided for by law or a collective agreement. The body that engages an employee in these duties during his working hours pays him his average earnings (for example, people's assessors involved in court sessions are now paid by the court, since employers, especially private entrepreneurs, refuse to pay for work not for them);

Average earnings are retained by the employee during the period of exercising the electoral right, deputy duties, appearing in the commission for the appointment of pensions as witnesses for seniority and performing other state duties Tolkunova V.N. Labor law. Lecture course. M., 2002. S. 114 ..

Guarantee payments are provided for by the Law on Collective Agreements and Agreements for representatives of social partners participating in collective bargaining. They retain average earnings for a period of not more than three months during the year. The work of experts and intermediaries is paid by the authorities or the employer.

The conditions for the release of an employee from his main job to perform duties in the interests of the labor collective and the amount of payment for this time may be established by a collective agreement. The average earnings for guarantee payments are calculated for the last two months of work of the employee. It includes all types of payments subject to income tax.

According to part 2 of Art. 164 of the Labor Code, compensations are monetary payments established in order to reimburse employees for the costs associated with the performance of labor or other duties provided for by federal law. The main labor duties of an employee include: conscientious performance of the duties assigned to him by an employment contract; compliance with the rules of internal labor regulations; careful attitude to the property of the employer and other employees, etc. Thus, when fulfilling the task of the employer, when sent on a business trip, the employee is reimbursed for the costs of renting a dwelling, travel.

Compensation payments are payments that reimburse the employee's expenses incurred in connection with the performance of his labor duties: a business trip, moving to work in another area or for not being issued due work clothes, a tool when he used his own, and for use with the consent or knowledge of the employer in his interests other personal property. They should be distinguished from other compensations, for example, when indexing wages, pensions, for unpaid maternity leave, etc.

Types of compensation payments according to labor law, the following: business trips, for moving to work in another area and for the wear and tear of your tool or other personal property. The minimum amount of compensation payments is established by the Government of the Russian Federation. Their additional sizes can be established by collective and labor contracts. At public sector enterprises, their sizes are determined in the manner established by the Government of the Russian Federation.

Employers have the right to independently apply compensation payments, including introducing payments that are not provided for by law, as well as independently determine the amount of compensation.

General mode of compensation payments:

payments are mandatory for all employers;

they are not remuneration for work;

they are not subject to insurance premiums;

they are not taken into account when calculating average earnings, pensions, benefits, other social payments;

are not subject to income tax;

no deductions are made from them.

Compensatory payments are subject to offset in the cost of products and services, are not taxed, if they are provided for by law and are made in the amount established by law Russian labor law / Res. ed. A. D. Zaykina. M., 1997. S. 57.

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TEST

on the course "Labor Law"

on the topic: "Test work 51"

Exercise 1. Guarantees and compensations under the labor law of the Russian Federation

1. Guarantees for employees
2. Compensation for workers
3. Guarantees and compensation when moving to work in another area
4. Guarantees and compensation for business trips
5. Limitation of deductions from wages

Task 2
Task 3
Bibliography
Exercise 1. Guarantees and compensations under the labor law of the Russian Federation
1. Guarantees for employees
The concept of "guarantee" covers not only cash payments that are of a guarantee nature (there are two types of them - "guarantee payments" and "guarantee surcharges"), but also those measures (Article 164 of the Labor Code says: "means, methods, conditions"), which ensure workers the exercise of their rights at work.

In cases where a worker or employee is distracted from the performance of his labor duties for valid reasons provided for by law, he is guaranteed the payment of certain sums of money.

Guarantee payments is the preservation of the average salary for the employee (in whole or in part) for the time when, for good reasons provided for by law, he did not fulfill his labor duties. Guarantee payments are made: when performing state and public duties during working hours; exemption from work due to labor protection and health of workers (annual leave, mandatory medical examination, blood donation for transfusion, breaks included in working hours); performance of work on the introduction of inventions and rationalization proposals, downtime through no fault of the employee; increasing the employee's qualifications and education without interruption from production. In some cases, guarantee payments are made upon termination of the employment contract; this refers to severance pay, payment for forced absenteeism and the period of delay in the calculation upon dismissal. The purpose of assigning guarantee payments is to preserve the employee's standard of living when he is distracted from work to perform state or public duties or in other cases specified by law. They, like wages, are paid through the cash desk of production, but (unlike wages) not for the results of labor, labor contribution, but for the time of absence from work in cases specified by law.

Guarantee payments are specific. They are not remuneration for labor for the reason that they are not commensurate with the quantity and quality of labor actually expended by the employee in the period for which they were paid. Their intended purpose is to prevent possible losses in earnings due to the fact that the employee is distracted from the performance of labor duties.

Guarantee payments for the most part represent the average earnings of an employee or a certain part of it. In some cases, they are calculated from the tariff rate or salary of the employee.

In strictly defined cases, when an employee, although he continues to work, cannot, for a number of reasons, fully fulfill his production functions stipulated by the employment contract, he retains his usual or close to it level of remuneration.

Warranty surcharges are made for the same purpose as payments, but with an additional payment in cases specified by law. Unlike guarantee payments, guarantee surcharges are directly related to the performance of labor functions by the employee. In addition, if the guarantee payments are made instead of wages, then the guarantee surcharges do not completely replace the wages, but are added to the wages accrued for the time actually worked or for the actually manufactured products.

Types of guarantee payments and additional payments can be grouped into three groups:

Dependent on the production or actions of the manager;

Implementation of the employee's right to paid leave and guarantee surcharges;

Not dependent on production, but necessary for the state, society.

To first group include the following four types of guarantee payments and surcharges.

Payment of the average earnings of a pregnant woman during her release on medical prescription from hard work with a transfer to an easier one, but the administration is unable to find such work.

Second group guarantee payments and additional payments are related to the payment of vacations and other similar time:

Guarantee additional payments for a break for feeding a child up to 1.5 years and for short breaks for heating, physical education;

Additional payment to women in the village and regions of the Far North and areas equated to them, as well as adolescents for reduced working hours;

Surcharge when transferring an employee to another lower-paid job up to his previous average earnings within a month, and when transferring in connection with a labor injury due to the fault of the enterprise - until the restoration of working capacity or the establishment of disability (Article 182 of the Labor Code);

Additional payments up to the previous average earnings for pregnant and lactating mothers when transferred to lighter work.

To third group guarantee payments include:

Payment for the time of fulfillment of state or public duties according to the average salary of an employee. The employer is obliged to release the employee for this time from the main work in cases provided for by law or a collective agreement. The body that engages an employee in these duties during his working hours pays him his average earnings (for example, the work of people's assessors involved in court sessions is now paid by the court, since employers, especially private entrepreneurs, refuse to pay for work not for them);

The average salary is retained by the employee for the period of exercising the electoral right, deputy duties, appearance at the MSEC, the commission for the appointment of pensions as witnesses for seniority and the performance of other state duties; during military training camps, the average salary for an employee is now paid by the Ministry of Defense.

2. Workers' compensation

The concept of "compensation", given in Art. 164, coincides in meaning with the concept of "compensation payments", which has long been established in the science of labor law. In the educational and scientific literature on labor law, compensation payments are characterized as payments made in the cases provided for by law to reimburse workers and employees for expenses incurred by them in connection with the performance of labor duties or in connection with the need to come to work in another locality. The difference between the definition contained in Article 164 is only that it mentions the fulfillment of not only labor, but also other duties provided for by federal law. Judging by part 2 of Art. 165 and Art. 170 The Labor Code also calls compensation those payments made by state and public organizations, involving employees in the performance of duties in accordance with applicable law (for example, to participate in court hearings).

Compensation - monetary payments established in order to reimburse employees for the costs associated with the performance of their labor or other duties stipulated by federal law (Article 164 of the Labor Code of the Russian Federation) Chalay L. Cash compensation for delayed payment of wages // Russian Justice. 2003. No. 2. S. 13.

Compensatory payments are called payments that reimburse the employee's expenses incurred in connection with the performance of his labor duties: a business trip, moving to work in another locality or for not being issued due work clothes, a tool when he used his own, and for use with the consent or knowledge of the employer in his interests of other personal property. They should be distinguished from other compensations, for example, when indexing wages, pensions, for unpaid maternity leave to care for a child under 3 years old, for unused leave, etc.

The types of compensation payments under labor law are as follows: travel allowances, for moving to work in another area and for the wear and tear of your tool or other personal property.

The minimum amount of compensation payments is established by the Government of the Russian Federation. Their additional sizes can be established by collective and labor contracts. At public sector enterprises, their sizes are determined in the manner established by the Government of the Russian Federation.

Employers have the right to independently apply compensation payments, including introducing payments that are not provided for by law, as well as independently determine the amount of compensation.

General mode of compensation payments:

payments are mandatory for all employers;

they are not remuneration for work;

they are not subject to insurance premiums;

they are not taken into account when calculating average earnings, pensions, benefits, other social payments;

are not subject to income tax;

no deductions are made from them.

Compensatory payments are subject to offset in the cost of products and services, are not taxed if they are provided for by law and are made in the amount established by law.

Main types of compensation:

1. Compensation for business trips. A business trip is a trip of an employee for a certain (up to 40 days) period by order of the administration to another locality. The traveling nature of the work is not considered a business trip (for example, the work of a pilot for traveling nature is paid an additional payment of up to 40% of the tariff rate).

Compensations in the form of travel and daily allowances are also paid when an employee is sent to another locality for retraining and advanced training. Due to inflation, travel expenses have increased several times over the past four years. Decree of the Government of the Russian Federation of February 26, 1992 "On the rates of reimbursement of travel expenses" Decree of the Government of the Russian Federation "On the rates of reimbursement of travel expenses" of 26.02.1992 // Rossiyskaya Gazeta. 1992. On March 4, the Ministry of Finance of Russia, in agreement with the Ministry of Labor of Russia, was instructed to make appropriate changes to these norms. The head of production may, at the expense of the employer, allow an additional payment to these standards.

When employees are sent for installation, adjustment, construction work (which can last up to one year), not travel allowances are paid, but an additional payment of up to 50% of the tariff, but not higher than the daily allowance.

2. Compensations for moving to work in another area are paid at the expense of the employer of the new place of work.

3. Compensation for travel to and from the place of rest is paid to employees of the Far North and equivalent areas once every two years, and to civil servants, judges and prosecutors annually.

4. Compensation for the use of personal property (tools, machines, etc.) by an employee in the interests of the employer, with his permission or knowledge, is paid for the depreciation of the tool, instruments, personal transport (and expenses for its operation) and other technical means belonging to the employee ,

So, according to the Decree of the Government of the Russian Federation of June 20, 1992 No. 414 “On the norms of compensation for the use of personal cars for business trips”, Decree of the Government of the Russian Federation “On the norms of compensation for the use of personal cars for business trips” of 06.20. right. 1992. No. 19-20, these norms are increased in the regions of the Far North in areas equated to them by 10%. The basis for the payment is an order specifying the amount of the payment. They are produced once a month.

5. Compensation for forced part-time work is a new type of compensation payments (does not fit the previously specified concept). In order to prevent mass layoffs and retain personnel at enterprises, the Federal Employment Service approved not only the previously indicated Regulation on compensation payments for forced leave without pay, but also the “Temporary procedure for providing compensation payments to employees forced to work part-time or part-time work” Temporary procedure for the provision of compensation payments to employees who are forced to work part-time or part-time work, approved by the Federal Employment Service of the Russian Federation // Trud. 1993. June 10. Taking into account earnings, monthly compensation should not exceed the established minimum wage, paid from the employment fund by the production administration to those who previously worked full-time, and after transferring to part-time worked for more than 2 months.

It is not paid to retired employees, except for disabled pensioners. This compensation will be issued as long as the enterprise has the funds for it, but not more than 6 months.

3. Guarantees and compensation when moving to work in another area

When an employee moves, by prior agreement with the employer, to work in another locality, the employer is obliged to reimburse the employee:

travel cards for the employee and family members moving with him;

baggage allowance (500 kg per employee to 150 kg per family member), by agreement with the new employer, they can be increased;

lifting allowance in the form of a lump-sum allowance in the amount of a monthly wage (salary) at a new place of work and 1/4 of this allowance for each family member moving with an employee, and for those moving to work in the Far North and areas equivalent to them, these lifting amounts are doubled and compensated actual baggage expenses, but not more than 5 tons per family;

per diem for the journey;

expenses for settling in a new place (Article 169 of the Labor Code).

The employee's family members on whom compensation is paid include the husband, wife, as well as children and parents of both spouses who are dependent on him and live with him. The cost of travel for family members and the transportation of their property, as well as a one-time allowance for them, are paid if they move to a new place of residence of the employee before the expiration of one year from the date of actual provision of housing.

If an employee is transferred or hired for a period of not more than one year and the family does not move with him, then by agreement of the parties, instead of paying a lump-sum allowance, he may be reimbursed for the costs associated with temporary residence in a new place. The amount of reimbursement of expenses should not exceed half the daily allowance.

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract, but cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget. Graduates who go to work in accordance with the concluded contract with the employer on targeted contract training outside the place of permanent residence, as well as members of their families, are entitled to receive compensation in accordance with the legislation of the Russian Federation and are provided by the employer, including local governments, with living space for established standards. Living in a hostel, renting housing are a temporary measure of providing a graduate and his family members with living space.

Federal legislation provides for increased compensation payments to certain categories of workers when they move to another area. Thus, military personnel, when moving from their former place of residence, in connection with the transfer to a new place of military service, upon dismissal from military service, are allowed to transport up to 20 tons of personal property free of charge.

A special procedure for paying compensation is provided for employees of the Far North. The following guarantees and compensations are provided to persons who have arrived in the regions of the Far North and equated areas from other regions of the Russian Federation and other states and have concluded an employment contract, regardless of their permanent place of residence: a one-time allowance in the amount of two official salaries (rates) and a one-time allowance for each family member in the amount of half of the official salary (rate); payment of the cost of travel of the employee and members of his family and baggage, but not more than 5 tons per family at actual expenses; daily allowance of an employee; paid leave for training and settling in a new place lasting 7 calendar days. If the employee moves to a new place of residence due to the termination or termination of the employment contract for any reason, with the exception of dismissal for guilty actions, the cost of travel for the employee and his family members and luggage is paid, but not more than 5 tons per family at actual expenses

Compensation for travel to and from the place of rest is paid to employees of the Far North and equivalent areas once every two years, and to civil servants, judges and prosecutors - annually.

4. Warranties and compensationon business trips

According to Article 166 of the Labor Code of the Russian Federation, a business trip is understood as a trip of an employee by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work.

When an employee is sent on a business trip, he is guaranteed the preservation of his place of work (position) and average earnings, as well as reimbursement of expenses associated with a business trip.

If branches, sections and other divisions that are part of the organization are located in another locality, the place of permanent work in accordance with the Instruction “On business trips within the USSR” should be considered the division in which work is conditioned by an employment contract.

As noted above, business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips. In this case, instead of paying per diem, employees are paid wage supplements.

The interpretation of the Labor Code of the Russian Federation on not classifying work on the road as business trips raises questions related to the execution of relevant documents and reimbursement of expenses for drivers sent to other settlements as part of their official duties. Considering that a business trip is a trip of an employee by order of the head of the organization for a certain period of time to perform an official assignment outside the place of his permanent job, the current situation should be interpreted as follows.

If a driver is hired specifically to perform regular trips between settlements for a period of more than one day, then such work should be recognized as traveling work, and trips should not be recognized as business trips. Accordingly, the employee should not have the right to reimbursement of expenses on business trips. In this case, the employer pays allowances instead of daily allowances.

If the driver is hired to perform trips within one locality or, as an exception to the rule, with departure from it, then such traveling work cannot be accepted, and the organization should be considered the driver’s permanent place of work. Therefore, if such a driver is sent on a trip for a period of more than one day, then such a trip should be recognized as a business trip with reimbursement of the corresponding expenses.

If an employee is sent on a business trip, the employer must compensate the employee for:

travel expenses;

the cost of renting a dwelling;

additional expenses associated with living outside the place of permanent residence (per diem);

other expenses incurred by the employee with the permission or knowledge of the employer.

The procedure and amount of reimbursement of expenses related to business trips are determined by the employment contract or local regulatory act of the organization. At the same time, the amount of compensation cannot be lower than the amount established by the Government of the Russian Federation for organizations financed from the federal budget.

Prior to January 1, 2002, the rates for reimbursement of travel expenses were determined by order of the Ministry of Finance of Russia dated August 13, 1999 No. 57n “On changing the rates for reimbursement of travel expenses on the territory of the Russian Federation” and amounted to:

payment for renting a dwelling - according to actual expenses, confirmed by the relevant documents, but not more than 270 rubles per day (in the absence of supporting documents, the costs of renting a dwelling are reimbursed in the amount of 7 rubles per day);

daily allowance - 55 rubles for each day of being on a business trip.

From January 1, 2002, the norms established by the order of the Ministry of Finance of Russia dated July 6, 2001 No. 49n “On changing the norms for reimbursement of travel expenses on the territory of the Russian Federation” apply:

payment for renting a dwelling - according to actual expenses, but not more than 550 rubles per day (in the absence of supporting documents, the costs of renting a dwelling are reimbursed in the amount of 12 rubles per day);

daily allowance - 100 rubles for each day of being on a business trip.

The application of the rate of payment of per diems in the amount of 100 rubles for each day of a business trip in order to determine the tax base for income tax was confirmed by Decree of the Government of the Russian Federation of February 8, 2002 No. when determining the tax base for corporate income tax, such expenses are included in other expenses related to production and sales”.

The corresponding amounts are subject to reimbursement to employees upon their arrival from a business trip.

During business trips to such an area, from where the posted worker has the opportunity to return daily to his place of permanent residence, daily allowances (surcharges instead of daily allowances) are not paid. If the posted worker at the end of the working day, at his own request, remains at the place of the business trip, then upon submission of documents on the rental of residential premises, the costs of hiring him are reimbursed in the amount of expenses established when hiring residential premises for business trips on the territory of the Russian Federation.

The question of whether an employee can return from a business trip to his place of permanent residence is decided in each specific case by the head of the association, enterprise, institution, organization in which the business traveler works, taking into account the distance, the conditions of transport communication, the nature of the task being performed, and as well as the need to create rest conditions for the employee.

The amount of compensation payments to business travelers also depends on the place of business trip. When sending employees on short-term business trips to the CIS countries or non-CIS countries, organizations are currently guided by " Rules on the working conditions of Soviet workers abroad" (as amended and supplemented), approved resolution Goskomtruda of the USSR of December 25, 1974 N 365, by letter The Ministry of Labor of Russia and the Ministry of Finance of Russia dated May 17, 1996 N 1037-IH "On the procedure for paying daily allowances to employees sent on short-term business trips abroad."

The legislation of the Russian Federation distinguishes two types of business trips: 1) within the Russian Federation; 2) to foreign countries.

The daily allowance in foreign currency for short-term (up to 60 days) business trips on the territory of foreign states is established by the Ministry of Finance of the Russian Federation in agreement with the Ministry of Foreign Affairs of the Russian Federation.

In cases where employees sent on a short business trip abroad are provided with foreign currency for personal expenses during the business trip at the expense of the receiving party, the sending party does not pay daily allowances to these persons. If the receiving party does not pay foreign currency to the said persons for personal expenses, but provides them with food at its own expense, the sending party shall pay them a daily allowance in the amount of 30 percent of the norm.

Employees who went on business trips abroad and returned from abroad to Russia on the same day are paid daily allowances in foreign currency in the amount of 50 percent of the norm.

Since January 1, 2002, new amounts of per diem payments have been established for short-term business trips on the territory of foreign countries. As an example, the following daily allowances (in US dollars) can be cited: Great Britain - 69, USA - 72; Germany - 65, India - 62; Georgia - 54, Moldova - 53, etc.

Article 166 of the Labor Code of the Russian Federation establishes that the employer is obliged to reimburse other expenses incurred by the employee with his permission or knowledge. Such expenses may be caused by the fulfillment of the duties assigned to the employee (for example, the purchase of office supplies, overalls); the interests of the organization that sent it (for example, the purchase of reference literature, materials, raw materials). The employer's permission for these additional expenses must be expressed in writing, since it is this form that serves as the basis for confirming the legitimacy of the expenses incurred by the employee. Usually this issue is reflected in the order to send the employee on a business trip.

The heads of ministries, departments, state organizations and institutions may allow, as an exception, to make additional payments in excess of the norms for reimbursement of expenses for business trips of employees:

in budgetary organizations - due to savings on the estimate for their maintenance;

in organizations financed from special funds and other sources - within the limits of available funds;

in other organizations - at the expense of profit remaining at their disposal after payment of taxes established by the current legislation and other obligatory payments to the budget, production and sale of products. The Government of the Russian Federation provides for the norms of expenses, within which, when determining the tax base for corporate income tax, such expenses are included in other expenses.

Per diems are reimbursed taking into account the days of departure and arrival from a business trip.

The costs of renting a dwelling are reimbursed to the employee from the day of his arrival on a business trip and until the day of departure, which are established on the basis of notes in the business trip certificate. Travel expenses to and from the place of business trip include expenses for travel by air, rail, water and road transport, including insurance payments for state compulsory insurance of passengers in transport, payment for advance ticket sales, expenses for using bedding on trains.

5. Restrictionse deductions from wages

The legal protection of wages, in addition to guarantee and compensation payments, also includes the limitation of deductions from wages, as well as the timing and procedure for its payment.

Deductions from wages are possible as a general rule with the written consent of the employee, and in the absence of consent, by a court decision. The administration, by its own authority, without the consent of the employee, may withhold:

taxes and contributions to the pension fund;

for the execution of court decisions and other executive documents, including fines;

for the return of an unspent advance or an advance issued on account of a salary, as well as amounts overpaid due to an accounting error (but no later than one month from the date of expiration of the period under the withholding order);

upon dismissal of an employee due to his fault for unworked days of vacation received by him;

to compensate for the damage caused by the employee to production, if the amount of damage does not exceed the monthly salary of the employee.

The total amount of all deductions cannot exceed 20% for each salary payment, and 50% for enforcement orders.

When withholding on several writ of execution, the employee must still be kept 50% of earnings. But this restriction does not apply to those sentenced to corrective labor and when collecting alimony for minor children.

Deductions cannot be made from severance pay, compensation and other payments that are not levied in accordance with the law.

Task 2

In accordance with Part 2 of Art. 81 of the Labor Code of the Russian Federation, the dismissal of an employee due to a reduction in the number or staff of the organization's employees is allowed if it is impossible to transfer the employee with his consent to another job. Based on the constitutional principle of equality of all before the law and the court (part 1, article 19 of the Constitution of the Russian Federation), and also, taking into account the provision of part 1, art. 180 and part 3. art. 73 of the Labor Code of the Russian Federation, the employer in this case is obliged to offer the employee a vacant position in the same organization that corresponds to the qualifications of the employee, and in the absence of such work - another vacant lower position available in the organization or lower-paid work that the employee can perform taking into account his education, qualifications, work experience and health status.

Based on the above, the following conclusion can be drawn:

It is not clear from the conditions of the task whether the position of senior engineer, which Andreeva applied for, was vacant and whether it was appropriate for Andreeva, based on her education, qualifications, work experience and health status. If the position was vacant and met the above requirements, then the actions of the administration are unlawful and Andreeva can be reinstated by a court decision and transferred to the position she requires. And if the position of senior engineer was not vacant, then Andreeva was not entitled to apply for it and the administration rightfully dismissed her under clause 2 of article 81 of the Labor Code of the Russian Federation in connection with the employee's refusal to transfer to another position.

Labor legislation provides for the possibility of establishing part-time work. Establishing part-time work for an employee can be carried out by reducing the number of working days per week (three to four day working week), reducing the duration of daily work (4, 5, 6, etc. hours per day) or simultaneously reducing the number of working days in week and working hours. In this case, the employee asked for a part-time job. In accordance with Art. 93 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, can be established both when hiring and subsequently part-time or part-time work week. Employer must install part-time or part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as person who cares for a sick family member in accordance with a medical report .

In accordance with the foregoing, it can be concluded that the actions of the administration are illegal.

Task 3

Extortion in the criminal law of the Russian Federation is one of the crimes against property. It is expressed in the demand to transfer someone else's property or the right to property, or to commit other actions of a property nature under the threat of violence or the destruction or damage of someone else's property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that can cause significant harm to the rights or the legitimate interests of the victim or his relatives (Article 163 of the Criminal Code of the Russian Federation).

DISCIPLINARY PENALTY A measure of responsibility for committing a disciplinary offense (disciplinary responsibility). In labor law (Article 135 of the Labor Code), the following disciplinary sanctions are applied: remark, reprimand, severe reprimand, dismissal from work. Legislation on disciplinary responsibility and charters, as well as regulations on discipline, may be provided for certain categories of employees and their other types. All of them are appealed in the manner prescribed by law.

GUARANTEED PAYMENTS in the labor law of the Russian Federation payments made to employees when they are distracted from work in this organization for reasons recognized by law as valid: performance of state or public duties; annual regular vacation; mandatory medical examination; performance of donor functions; additional breaks for feeding the child; introduction of inventions and rationalization proposals; downtime through no fault of the employee. They also include severance pay, payment for forced absenteeism, etc.

COMPENSATION PAYMENTS in labor law, the amount of compensation to employees for additional expenses related to the performance of work duties (for example, during business trips - per diem, apartment) or with a transfer to work in another area (for example, a one-time allowance).

FRAUD in the criminal law of the Russian Federation is one of the crimes against property, a non-violent form of theft. It represents the taking of another's property or the acquisition of the right to property by deceit or abuse of trust (Article 159 of the Criminal Code of the Russian Federation). Qualified fraud is committed repeatedly or by prior agreement by a group of persons, as well as on a large scale, by an organized group or a particularly dangerous recidivist.

RECIDIVIST In criminal law, a person who, after being convicted by a sentence, again committed one or more crimes. The social danger of a recidivist is higher than that of a person convicted for the first time, therefore, the criminal law provides for the appointment of more severe punishments for a recidivist. As a rule, a recidivist is considered a person who has committed a new crime before the removal or cancellation of a criminal record. The Criminal Code of the Russian Federation (unlike the Criminal Code of the RSFSR) does not provide for the possibility of a court recognizing a person as a particularly dangerous recidivist.

Bibliography

1. Labor Code of the Russian Federation. Section VI and VII.

1. Zinchenko V. Labor Code: guarantees and compensation // Social protection. 2002. No. 6. S. 3-6.

2. Kozlova G.A. Guarantees and compensations to employees in the performance of their state or public duties // Labor Law. 2003. No. 9. S. 51-62.

3. Kokin Yu. Theory of wages and modern realities of wages in Russia // Man and labor. 2005. No. 7.

4. Poryagina O. Legal problems of social policy. Tutorial. Irkutsk, 2005.

5. Sergunkin N. Guarantees to the northerners // Your right. 2002. No. 34. P. 6.

6. Tolkunova V.N. Labor law. Lecture course. M., 2005.

7. Labor law of Russia / Ed. S.P. Mavrina and E.B. Khokhlova. M., 2004.

8. Chalay L. Cash compensation for delayed payment of wages // Russian justice. 2003. No. 2. S. 12-14.

9. Chucha S.Yu. The Labor Code does not change, the level of guarantees of workers' rights is reduced // Labor Law. 2003. No. 1. S. 11-16.

Providing guarantees and compensations to workers

Labor legislation establishes general guarantees and compensations that apply when concluding an employment contract, transfers, deductions from wages, as well as special cases of such privileges.

Guarantees and compensations are provided in the following cases:

business trip;
fulfillment of assigned state or public duties;
moving to work in another area;
combining work with education;
forced termination of the agreement through no fault of the employee;
annual;
in some cases, termination of the employment contract;
violation of the deadlines for issuing a work book through no fault of the dismissed employee;
in other cases established by law, collective or labor agreement.

Guarantees and compensation for employees on a business trip

When sending an employee on a business trip, he is guaranteed:

preservation of the place of work - the employer will not dismiss the employee during this period on his own initiative (except for the liquidation of the enterprise), will not transfer to another position;
salary throughout the business trip, taking into account the time spent on the road, is preserved. In addition, at the discretion of the employee, it can be sent to him at the expense of the organization that sent him;
reimbursement of expenses - the employer pays for travel, accommodation, other expenses (as agreed). Per diems are paid, and the employee submits financial documents in support.

Guarantees and compensations in the performance of state (public) duties

For the period of fulfillment of the assigned state or public duties, the employer releases the employee from labor duties. But he keeps his job. Compensation is paid by the state body or public organization that attracted the employee.

Guarantees and compensation for employees when moving to work in another area

This type of compensation arises if the employer has received the employee's consent to such a move. The employer reimburses the costs of the travel of the employee and his family members; export of property, excluding cases of providing the employee with the appropriate transport; set-up costs. The exact amount of reimbursement of expenses is determined by the agreement. By-laws have been approved for civil servants.

Guarantees and compensation when combining work with education

This method of guarantees and compensation is used by the employer, provided:

state accreditation of an educational institution;
successful education (without debt);
receiving relevant education for the first time;
combining study and work, if it occurs in several educational institutions, guarantees are provided in one place of study at the choice of a citizen.

The employer is obliged to provide the employee with additional paid. More details - Art. 173-177 of the Labor Code of the Russian Federation.

Guarantees and compensation upon termination of an employment contract

When an employee is transferred to a permanent, but lower paid position on a medical report, the guarantees are to maintain his average salary for a month from the date of transfer. In the event of a work injury or occupational disease - until full capacity for work or recovery.

In case of temporary disability, the employer pays the employee an allowance.

The employer must pay severance pay to the dismissed employee:

1) in the amount of the average salary for two weeks - to citizens, if the employment contract is terminated due to:

inconsistencies in the position held or the function performed, for health reasons, making it impossible to continue this work and refuse;
conscription of an employee to serve in the army;
reinstatement of an employee who performed this work earlier;
refusal to transfer an employee related to the relocation of the enterprise to another area, etc. (Article 178 of the Labor Code of the Russian Federation).

2) in the amount of the average salary per month - to citizens, if it is broken due to:

liquidation of the enterprise;
reduction in the number of employees;
violation of the rules established by labor legislation, the conclusion of an employment contract, committed through no fault of the employee.

Guarantees and compensations to employees in case of delay in the issuance of a work book, wages

In case of violation of the deadlines for issuing a work book to an employee, the average daily salary for each delayed day is compensated. In addition, the employee can count on the recovery of moral damages.

Guarantees and compensations to employees for delayed wages are established in the form that is paid regardless of the fault of the employer.

Guarantees - the means, methods and conditions by which the implementation of the rights granted to employees in the field of social and labor relations is ensured.

Preservation of the place of work (position) and average earnings, as well as reimbursement of expenses associated with a business trip;

Release of an employee from work while retaining his place of work (position) for the period of his performance of state or public duties if, in accordance with the Labor Code of the Russian Federation and other federal laws, these duties must be performed during working hours;

Guarantees for employees elected to trade union bodies and commissions on labor disputes;

Guarantees for employees elected to elective positions in state bodies, local self-government bodies;

Guarantees for employees who combine work with education (additional holidays with the preservation of average earnings, leave without pay, payment for travel to and from the location of the educational institution, the establishment of a reduced working week (reduced by 7 hours);

Guarantees for employees studying in secondary educational institutions

25. The concept and types of compensation to employees under an employment contract. Compensation - cash payments established for the purpose of reimbursement to employees of costs associated with the performance of their labor or other duties provided for by this Code and other federal laws.

Types of compensation payments:

reimbursement of business trip expenses (travel, apartment, per diem, etc., art. 168 of the Labor Code of the Russian Federation);

reimbursement of expenses in connection with an industrial injury, occupational disease, death of an employee at work (Article 184 of the Labor Code of the Russian Federation; Federal Law of July 24, 1998 No. 1325 FZ “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases”);

reimbursement of expenses when the employee moves, by prior agreement with the employer, to work in another locality (expenses for moving and transporting property, lifting) (Article 169 of the Labor Code of the Russian Federation, Resolution of the Council of Ministers of the USSR dated June 15, 1981 No. 667 “On guarantees and compensation upon moving to work in another locality"; "Rules for the provision of guarantees and compensations to employees sent to work in representative offices of the Russian Federation abroad", approved by Decree of the Government of the Russian Federation of December 20, 2002 No. 911);

reimbursement of additional expenses to persons summoned as witnesses, experts, specialists, translators to bodies of inquiry, preliminary investigation, prosecutor's office, court;

reimbursement of expenses for the use of the employee's personal property (Article 188 of the Labor Code of the Russian Federation, for example, the use of personal vehicles);

other payments.

26. The concept of labor discipline, work schedule.

Labor discipline is a basic principle of labor law and represents, in an objective sense, a set of rules of conduct required from a person who has concluded an employment contract in connection with the concluded employment contract. The subjective meaning is that labor discipline establishes the proper behavior of a particular employee in relation to his job duties. Discipline is a general social phenomenon, which is law-abiding, i.e., following the precepts of the law.

Thus, the content of labor discipline is the proper behavior of the employee in accordance with:

labor law regulations;

the terms of the employment contract;

with the orders of the employer, which is fixed in Art. 189 of the Labor Code of the Russian Federation, because.: labor discipline - mandatory for all employees to comply with the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other laws, collective agreements, agreements, labor contracts, local regulations of the organization.

The employer, in turn, is obliged, in accordance with the Labor Code of the Russian Federation, laws, other regulatory legal acts, a collective agreement, agreements, local regulations containing labor law norms, an employment contract, to create the conditions necessary for employees to comply with labor discipline.

Labor discipline includes: service discipline, technological discipline, labor discipline, production discipline, financial discipline and work ethics.

The labor schedule of the organization is determined by the internal labor regulations, which is a local regulatory act of the organization that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, the working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulation of labor relations in the organization. The internal labor regulations (PWTR) of the organization are approved by the employer, taking into account the opinion of the representative body of the employees of the organization.

Rules of the internal work schedule organizations, as a rule, are an annex to the collective agreement. For certain categories of employees, there are charters and regulations on discipline approved by the Government of the Russian Federation in accordance with federal laws.

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