Commissioner for Workers' Rights. Is Glonass testimony in court evidence?

Employers use various legal measures to optimize production process and cost reduction. Unpopular, but by legal means are:

Part-time mode (part-time work week, part-time work);

Reduction of the wage fund due to its stimulating part (bonuses, allowances, bonuses);

Termination of fixed-term employment contracts, contracts with external part-time workers;

Reduction of hospitality expenses;

Restructuring of production, which allows the transfer of workers to subsidiaries.

These measures, of course, affect the income of workers, but they need to be treated with understanding, since they are the ones that make it possible to save labor collective in difficult conditions. The most extreme and unpopular measure is to reduce numbers or staff. But even in this situation, the legislation provides guarantees of labor and social rights.

Memo from the Commissioner for Human Rights in Samara region contains a generalization typical violations labor rights working citizens (by comparing the actions of employers with the norms of current labor legislation) and recommending protective measures.

If your employer violates your rights

Even if the financial situation of the enterprise turns out to be difficult, this does not relieve employers from the need to make payments to laid-off employees required by law.

Norms of the Labor Code of the Russian Federation

1. The employer, trying to save on payment of compensation upon dismissal, persuades the employee to agree to dismissal due to at will or by agreement of the parties, thereby violating the principle of voluntariness. At the same time, he may promise to pay some amounts.

Attention! By agreeing to the employer’s offer, the employee loses the right to monetary compensation and other benefits due upon dismissal. Even if the employer keeps his promise and pays compensation, in any case it will be less than what is required by law. At the same time, it is very difficult to subsequently prove in court that the decision to dismiss was made under pressure from the employer, since such conversations are usually conducted without witnesses.

Under no circumstances agree to dismissal at your own request or by agreement of the parties under pressure from the employer. Under any pretext, postpone making a decision, and next time come to a meeting with the employer with representatives of the trade union or colleagues. Warn the employer that if he insists illegal demands you will contact supervisory and human rights authorities. Remember that it is not a threat, but yours legal right- and the form of presentation should not be scandalous, but convincing.

If the application is nevertheless signed, urgently contact the trade union organization, the State Labor Inspectorate, the district prosecutor's office, and the district (city) courts. Maybe simultaneous appeal to all these authorities.

2. When applying for a job, the employee is asked to write 2 applications at the same time: about hiring and about dismissal from work at his own request, without indicating the date of future dismissal.

Legal consequences of committed violations

This illegal technique allows the employer to dismiss the employee at any time and without providing legal guarantees and compensation.

Actions of an employee to protect labor rights

You have the right to refuse this offer and report it to the State Labor Inspectorate, the district prosecutor's office, and the district (city) courts. Whether to agree to such obviously powerless conditions is up to the employee to decide. However, it should be borne in mind that employers who treat labor legislation so loosely at the hiring stage are unlikely to comply with its norms in the future.

3. If an employee refuses to write a statement “of his own free will,” he may be “arranged” for imperfect violations of labor discipline and fired under the article, without severance pay.

Actions of an employee to protect labor rights

Illegally imposed disciplinary sanctions can be appealed by contacting the State Labor Inspectorate, magistrates or district (city) courts. It is possible to appeal to all these authorities simultaneously

Norms of the Labor Code of the Russian Federation

Possible violations by the employer

The employer saves at the expense of employees, wanting to avoid paying for downtime and asking them to write applications for leave without pay for long term.

Legal consequences of committed violations

It should be borne in mind that the duration of unpaid leave granted at the request of the employee exceeds 14 calendar days during the year, is not included in the length of service that gives the right to annual basic paid leave, which also worsens the situation of workers

Actions of an employee to protect labor rights

You have the right to refuse the employer’s offer and file a complaint with the trade union organization, the State Labor Inspectorate, the district prosecutor’s office, and the district (city) courts. It is possible to apply to all these authorities simultaneously.

Norms of the Labor Code of the Russian Federation

Possible violations by the employer

The employer introduces part-time employment (part-time or part-time work week) or reduces wages by notifying employees less than 2 months in advance.

Legal consequences of committed violations

In this case, the employee cannot exercise his right to refuse to work under changed working conditions, because he is presented with a fait accompli by the employer. In addition, the employee loses the opportunity to look for another job within 2 months.

Actions of an employee to protect labor rights

You can file a complaint with the industry trade union organization, the State Labor Inspectorate, the district prosecutor's office, or the district (city) courts. It is possible to apply to all these authorities simultaneously.

If the decision is made to downsize...

Relations between an employee and an employer in the event of a reduction in the number or staff of employees are regulated by the Labor Code of the Russian Federation and Federal law“On employment in the Russian Federation.” The legislation provides for a number of mandatory organizational and staffing measures when making a decision to reduce the number or staff of employees.

Labor Code norms

Possible violations by the employer

After the dismissal of an employee, the employer restores the number or staff to the same extent. If there is actually no reduction in numbers or staff, then the dismissal cannot be qualified under clause 2 of Art. 81 Labor Code of the Russian Federation.

Legal consequences of committed violations

Actions of an employee to protect labor rights

You need to contact the district (city) courts.

Labor Code norms

Possible violations by the employer

1. The employment service authorities are notified by the employer less than 2 (3) months in advance.

2. The employment service authorities are not notified by the employer at all.

Legal consequences of committed violations

Employment service agencies do not have the ability to plan measures to promote employment in advance: retraining, reserving vacancies, etc.

Actions of an employee to protect labor rights

You need to contact the labor dispute commission, the State Labor Inspectorate, the Employment Department of the Samara Region, and the district (city) courts. It is possible to apply to all these authorities simultaneously.

Labor Code norms

Possible violations by the employer

1. The employee is notified of upcoming dismissal in less than 2 months.

2. The employee is not notified of the upcoming dismissal at all.

3. The employee is not notified personally and against signature.

Legal consequences of committed violations

If this requirement is not met, the dismissal is declared illegal by the court, and the employee is reinstated in the workplace.

Actions of an employee to protect labor rights

Labor Code norms

Possible violations by the employer

The employer terminates the employment contract without written consent employee.

Legal consequences of committed violations

If this requirement is not met, the dismissal is declared illegal by the court, and the employee is reinstated in the workplace.

Actions of an employee to protect labor rights

You need to contact the State Labor Inspectorate and district (city) courts. It is possible to apply to all these authorities simultaneously.

Labor Code norms

Possible violations by the employer

1. Subject to availability vacant positions the employer does not offer them first to the employee subject to dismissal.

2. The employee’s refusal is not documented in a corresponding act.

3. The employee is not notified in writing about the absence of vacancies.

Legal consequences of committed violations

If this requirement is not met, the dismissal is declared illegal by the court, and the employee is reinstated in the workplace.

Actions of an employee to protect labor rights

You need to contact the labor dispute commission, the trade union organization, the State Labor Inspectorate, and the district (city) courts. It is possible to apply to all these authorities simultaneously.

Labor Code norms

Possible violations by the employer

The employer does not take into account preemptive right to remain at work for employees occupying the same positions or performing similar work.

The employer does not take into account the presence of equal business qualities special conditions, circumstances or marital status.

Legal consequences of committed violations

If these requirements are not met, the dismissal is declared illegal by the court, and the employee is reinstated in the workplace.

Actions of an employee to protect labor rights

Appeal to the labor dispute commission, trade union organization, State Labor Inspectorate, district (city) courts. It is possible to apply to all these authorities simultaneously.

Labor Code norms

Possible violations by the employer

1. The employer does not pay severance pay upon dismissal or not paid in full.

2. The employer does not pay compensation for the period of employment in the amount average monthly earnings for the 2nd month.

3. Not produced by the employer full payment with the employee upon dismissal (wages not paid, compensation for unused vacation).

Legal consequences of committed violations

Payments required by law are collected in court.

Actions of an employee to protect labor rights

It is necessary to apply to the magistrate’s court or to the district (city) court in the absence of a magistrate’s court.

Bodies of state supervision and control over compliance with labor legislation

State Labor Inspectorate for the Samara Region

Powers: exercises supervision and control over compliance with labor legislation in all organizations in the Samara region; receives, considers applications, letters, complaints and other requests from citizens about violations of labor rights and takes measures to restore the violated rights of citizens, up to and including disqualification of the employer.

Address, telephone: Samara, st. Novo-Sadovaya, 106 a. Phone: 263-54-26.

Head: Emelyanov Anatoly Viktorovich.

Federation of Trade Unions of the Samara Region

Powers: represents and protects the rights and legitimate interests of its members in the bodies state power, organs local government And public associations; makes demands on authorities, employers and their associations and seeks the cancellation, suspension of execution or modification of decisions that violate the rights and interests of workers - members of the trade union.

Address, telephone: Samara, Volzhsky Prospekt, 19. Telephone: 333-40-05.

Chairman: Evgeniy Erosovich Egorov.

Bodies of the Prosecutor's Office of the Samara Region

Powers: exercise state supervision over the accurate and uniform implementation of labor legislation; consider and resolve applications, complaints and other requests for violations of laws, incl. laws regulating labor relations; take measures to prevent and suppress violations of workers’ labor rights and to bring the employer guilty of violations to justice.

Address of the Prosecutor's Office of the Samara Region: Samara, st. Chapaevskaya, 151. Telephone: 332-10-50.

Prosecutor of the Samara region: Kabaloev Murat Azrailovich.

Attention! If your labor rights are violated, you need to contact the district prosecutor's office at the location of the enterprise or organization of which you are an employee.

Magistrates, district (city) courts

Powers: ensure the constitutional right of citizens of the Russian Federation to judicial protection, administer justice on the basis of laws Russian Federation; consider applications and complaints from citizens regarding the protection of labor rights and legitimate interests. Magistrates consider in the first instance all labor cases, with the exception of cases of reinstatement at work and cases of resolution of collective collective agreements. labor disputes, which are considered in the first instance by district (city) courts.

Address of the Samara Regional Court: Samara, st. Kuibysheva, 60 Telephone: 332-00-96.

Attention! In case of violation of your labor rights, you need to contact the district courts at the location of the enterprise or organization of which you are an employee.

Commissioner for Human Rights in the Samara Region

Competence: considers complaints against decisions or actions (inaction) of state bodies of the Samara region, local government bodies, officials of these bodies, if the applicant has previously appealed these decisions or actions (inaction) in a judicial or administrative manner

Powers: applies to the competent authorities with a request to initiate disciplinary or administrative proceedings in relation to officials; applies to the court or prosecutor's office with a request to check the person who has entered into legal force decisions, sentences, court rulings; sends to state bodies, local government bodies and officials its conclusions and proposals related to ensuring the rights and freedoms of citizens.

Address of the Commissioner's reception: Samara, st. Mayakovskogo, 20. Telephone: 337-29-03.

Commissioner for Human Rights in the Samara Region: Skupova Irina Anatolyevna.

Where to go to look for work

State Employment Center of the city. Samara

Address, telephone: Samara, st. Frunze, 115/117

Head: Tyshchenko Anatoly Vladimirovich.

Employment consultations:

332-61-91 - for residents of Samara, Leninsky, Oktyabrsky, Zheleznodorozhny, Kuibyshevsky and Krasnoglinsky districts

225-74-97 - for residents of Sovetsky, Kirovsky, Industrial districts

333-30-00, 951-23-81 - 24-hour information service of the State Center for Significance of Significance in Samara. Here you can get basic information about the work of the Employment Center

Information about vacancies can be found on the website www.samara.rostrud.ru

Attention! Residents of cities and districts of the Samara region should contact employment centers at their place of residence in order to find work.

Important!

“At the proposal of the employment service authorities, in the absence of employment opportunities, unemployed citizens dismissed due to the liquidation of an organization or a reduction in the number or staff of the organization’s employees, with their consent, may be assigned a pension for the period until the age entitling them to an old-age labor pension, including including an early retirement pension for old age, but not earlier than two years before the appropriate age. The size of this pension is determined according to the standards of the basic and insurance parts of the old-age labor pension established by the Federal Law “On Labor Pensions in the Russian Federation”.

Since January 2009 minimum allowance for unemployment is 850 rubles, the maximum is 4900 rubles (according to the Decree of the Government of the Russian Federation of December 8, 2008)

Is it possible to achieve the truth in a labor dispute with your boss?

“Almost every second laid-off worker in November - December 2008 found a job within a month. In 2008, workers won 92% of labor disputes.” (Shmakov M.V., Chairman of the Federation of Independent Trade Unions of Russia)

A person is not alone with a crisis - the state is taking support measures

“In the current situation, the main thing for us is to preserve the labor market. If we are talking about closing some projects, then it is necessary to work out the issue of employing the released people.” (Artyakov V.V., Governor of the Samara region).

Institutions vocational education Samara region will train not only school graduates in prestigious working professions, but also released adult population.. “The issue of providing subsidies for organizing advanced vocational training is being resolved. It also turns out targeted support citizens who agreed to move to another locality to a new place of work." (Grischenko N.N., Head of the Department of State Employment Service for the Samara Region)

Amendments have been made to the RF Law “On Employment in the Russian Federation” aimed at supporting laid-off employees of enterprises in the context of the financial crisis:

“The decision to recognize a citizen as unemployed is made by the employment service authorities at the citizen’s place of residence no later than 11 days from the date of presentation to the employment service authorities of a passport, work book or documents replacing them, documents certifying him professional qualifications, certificates of average earnings for the last three months according to last place work, and for the first time job seekers(who have not previously worked), who do not have a profession (specialty) - a passport and an education document.”

“Unemployment benefits are paid to citizens dismissed from organizations for any reason, and are set as a percentage of average earnings calculated over the last three months at their last place of work, if they had paid work for at least 26 years during the 12 months preceding the start of unemployment.” calendar weeks on a full-time basis (full-time working week) or on a part-time basis (part-time work week) recalculated to 26 calendar weeks with a full-time work day (full work week).”

Amendments have been made to the “Law on Employment in the Russian Federation”, according to which employees who quit voluntarily are equal in their rights to those dismissed due to reduction or liquidation. (Federal Law “On Amendments to the Federal Law “On Employment in the Russian Federation” dated December 25, 2008 No. 287-FZ)

According to Art. 2 of the Constitution of the Russian Federation, the observance and protection of human rights is the responsibility of the state authorities. According to Art. 37 of the Constitution and Chapter 13 of the Labor Code of the Russian Federation, working citizens are given the right to protect their rights by all means not prohibited by law.

Protection of labor rights of workers: concept

The basic rights of workers in the Russian Federation are:

• possibility of concluding, amending and terminating contracts labor nature;
• the right to receive a job in accordance with the contract;
• the worker’s workplace must comply with labor safety standards;
• salary paid on time;
• right to rest;
• compensation for damage resulting from execution labor responsibilities.

Art. 21 of the Labor Code of the Russian Federation establishes a more detailed list of workers’ rights.

The protection of the rights of working citizens itself includes several main stages:

• prevention of violations;
• resolving labor disputes;
• restoration of employee rights;
• holding the employer accountable.

Also an important part of protecting workers' rights is the direct creation of new legislative acts. The country's authorities periodically issue regulations protecting the interests of workers, including vulnerable categories. These, for example, include women who are pregnant and have small children.

Protecting the rights of workers - ensuring compliance with labor rights and preventing their violations. Additionally, the protection of rights implies the real restoration of violated rights and punishment of guilty employers.

Ways to protect workers' labor rights

The concept and methods of protecting the labor rights of workers are regulated by Art. 352 Labor Code of the Russian Federation:

The main way to protect the labor rights of workers is to go to court. After all, according to legal nature highest authority refers to the main link of all domestic legal and defense mechanism citizens.

The protection of rights (including labor rights of workers), freedoms and legitimate interests includes many aspects. Let us consider in this material how this issue is regulated by labor legislation.

What laws regulate the protection of labor rights?

Protection of rights is considered as a whole system of means:

• removing obstacles to their implementation;
• preventing their violation;
• restoring violated rights;
• compensating for harm from the offense.

Protection of rights can only take place in the event of an offense resulting in failure to fulfill an obligation, abuse of a right, or obstruction of the exercise of rights.

The following standards are included:

• on ways to protect labor rights and freedoms;
• about state and departmental control and monitoring their compliance;
• about their protection trade unions;
• on self-defense of labor rights;
• on the consideration and resolution of individual and collective labor disputes;
• on the responsibility of employers for violation of the labor rights of employees.

Such detailed regulation is necessary because the employee is a less protected party to the labor relationship compared to the employer.

Forms, procedures and methods of protecting workers’ rights

Protection of workers' rights is possible only in provided by law forms and order.

Protection of workers by trade unions

This protection is carried out in several ways:

• granting trade unions the right to exercise control over compliance with labor legislation, fulfillment of the terms of collective agreements and agreements (through the legal and technical inspections labor unions);
• taking into account the employer's opinion trade union body when making decisions in cases provided for by the Labor Code (from approval staffing table organization before dismissal of employees due to reduction in number/staff).

Protection of workers by control (supervisory) government bodies

An employee whose labor rights have been violated is given the opportunity to seek their protection from the competent government agencies.

Among such bodies are the prosecutor's office and the Federal Service for Labor and Employment ( State inspections labor - GIT).

The powers of the prosecutor's office are established by the Federal Law on the Prosecutor's Office, the powers of the State Inspectorate - Art. Art. 354 - 365 Labor Code of the Russian Federation.

The goals and objectives of these bodies differ: if the prosecutor’s office carries out general supervision for compliance with the law (including control bodies), then the State Labor Inspectorate functions directly to identify and eliminate violations of labor legislation. Accordingly, the powers of these bodies are not the same.

Government supervision and the said bodies exercise control through inspections and surveys, the procedure for which is established by law.

Judicial protection

Behind judicial protection an employee can apply in the event of a labor dispute with an employer.

Installed total term such treatment for an employee is three months from the day he learned (should have known) about the violation of his right (Article 392 of the Labor Code of the Russian Federation).

However, for some cases other deadlines are provided:

• one month for disputes about dismissal (the period is counted from the date of delivery of a copy of the dismissal order/issuance of the work book);
• one year for disputes regarding non-payment (underpayment) of wages and other due payments (the period is counted from the date of payment due date established in the organization).

When filing a claim or application for a court order, the employee is exempt from paying state fees and court costs (

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. U different states The level of such protection varies. But we’ll tell you more about Russia.

Residents of Russia have long been accustomed to higher authorities protecting their rights. Since the times of Soviet domination political system. And this protection begins with the use of documents such as labor Code(TK). 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 labor rights of workers, and others important questions. 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:

1. Promotion of compliance with Labor Code by everyone possible ways. First of all, through the most frequently used media.
2. Installation on state level(with the help of other labor legislation documents) 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.
3. 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 shape the rules internal regulations, decide whether to enter into collective agreements. It is very important that not only the employer bears similar solutions. 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 social protection 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.

Different types of control over employee rights and who carries them out

The most important and having the opportunity to accept 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, we are constantly working General Prosecutor's Office RF and lower bodies of this kind.

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. Exactly Federal inspection is the main body that regulates the protection of workers' rights.

Other important points about these organizations

Together with the inspectorate, they monitor the safety of work in individual industries organizations specifically designed for this purpose.

The activities of each of these bodies are regulated special provisions concerning 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 mandatory must fulfill. If the equipment they are using is found to be faulty, they have the right to stop using it for a time. If officials production organizations committed labor violations, then specified 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. That's why this service very important.

A few words of output

In accordance with the law, the protection of the labor rights of workers by trade unions and other organizations should help make their work safe, in compliance with all measures to protect workers (including the protection of their rights), their social security.