The test must be submitted for review no later than one month before the start of the session.

In cases where the work is not accepted, when sending it for review after revision, it is necessary to attach the review and the unaccepted work itself.

Having received a pass on the test, the student is allowed to take the test or exam.

Test options

Option 1

1. International treaty, concluded between the Russian Federation and one of the states of Eastern Europe in 1991, provision was made for the extradition of a criminal who is a citizen of Russia in the event of his hijacking an aircraft belonging to this state, to bring him to trial according to the laws of this state.

This agreement contradicts Art. 61 of the Constitution of the Russian Federation.

What provisions normative act will be applied in case of hijacking of a foreign aircraft Russian citizen?

2. On September 6, 2006, minor Timofeeva, driving a car owned by him without Simonov’s permission, lost control and collided with a metal fence. As a result, the car suffered mechanical damage.

Simonov went to court and asked to recover from Timofeeva and Pavlov, her father, the cost refurbishment car, compensation for loss commodity value car, court expenses and compensation for moral damage.

The court satisfied Simonov's demands, recovered from Timofeeva in favor of the plaintiff all the claimed amounts, indicating in the decision that if Timofeeva has no income or property or if they are insufficient to compensate for the harm caused by her, the obligation to compensate for the damage is assigned to Pavlov until Timofeeva reaches the age of majority.

Is the dispute resolved correctly? What rules of law were the court guided by when making its decision?

3. When hiring economist Tarasov at the bank, the employer demanded that he following documents: passport, work book, university diploma, character reference former place work, a certificate of provision of living space, a certificate of health.

After the show specified documents the employer hired Tarasov with a two-month probationary period. The probationary period was indicated in the employment order; the employer promised to conclude an employment contract after completion probationary period.

Three days before the end of the probationary period, the employer decided to extend his probationary period for another two months, since in the intervening time Tarasov had not had sufficiently complex work to determine his qualifications. In addition, Tarasov was ill for a month.

Two weeks after the extension of the probationary period, Tarasov was dismissed as having failed the test.

Tarasov filed a lawsuit for reinstatement at work.

What demands can Tarasov make? Will they be satisfied?

Option 2

1. Law and morality: concept and relationship

2. Chubarova filed a lawsuit against Borisova to recover 25,000 rubles from her. IN statement of claim she indicated that she had previously intended to buy a dacha from Borisova, and therefore gave her a deposit in the amount of 25,000 rubles. To confirm the receipt of this amount as a deposit, Borisov issued her a receipt. Subsequently, she, Chubarova, refused to buy a dacha, but Borisova named sum of money refused to return.

How should the dispute between Chubarova and Borisova be resolved?

3. The plant entered into an agreement with the painter Sidorov to paint the fence of the factory site with payment upon completion of the work. A month after the end of the work, Sidorov demanded, in addition to the agreed payment, to pay him compensation for unused vacation.

Is his demand legal? What was Sidorov’s relationship with the plant?

Option 3

1. Name and reveal the theories of the emergence of the state

2. Kuzmina filed a statement in court in which she asked to declare her husband dead. In the statement, she indicated that Kuzmin worked on a seiner in a fishing organization as a fish processing foreman. Nine months ago he, being in a state alcohol intoxication, fell out of the boat and drowned.

Attached to the application was an accident report and a resolution from the prosecutor’s office investigator to refuse to initiate a criminal case into Kuzmin’s death. The applicant motivated her request by the fact that her husband’s death was not registered with the civil registry office.

What decision should the court make?

3. Engineer Vdovina was dismissed due to the liquidation of the organization. She contacted the employment center to register her as unemployed and find suitable job. Vdovina was offered a job as a technician in her specialty. She refused, believing that the place of this work was too far from her place of residence (2 hours drive one way) and the wages were significantly lower than before.

Option 4

1. Give the concept civil society and states. Expand the question of the relationship between civil society and the state.

2. Nine-year-old Zolotov, while at school, broke the glass in a physical education lesson. gym. The school director called Zolotov's parents and demanded that they compensate for the damage caused by their son.

Are the demands of the school principal legal?

3. Pensioner Morozov was hired as an accountant. A month later, he demanded that he be transferred to part-time work - 4 hours a day. The employer refused to satisfy Morozov's demand.

Did the employer act correctly?

Option 5

1. Fill out the table “Human Rights and Freedoms in the Russian Federation”:

2. To combat insect pests, Ilyina systematically fumigated the fruit trees at her dacha with a chemical mixture. As a result, smoke and bad smell spread to neighboring areas.

In response to requests from neighbors to stop these actions, Ilyina stated that she was the owner of her plot and could do whatever she wanted on it.

Whether there is a legal method protection from neighbors?

3. Milling operator Katkov inadvertently disabled the lighting system during a work meeting. assembly hall. The cost of repairs was 4,880 rubles. average salary Katkova 3,000 rubles.

In what order and amount is the damage caused subject to recovery?

The company's representative office is registered in Moscow. In other cities of Russia, employees who are engaged in market research and reporting are recruited under an employment contract. But open offices in other cities and, accordingly, register separate units and there will be no branches.

Which wording in the employment contract is more correct in this case:
“He is hired at the Moscow representative office of the company, located at the address: Moscow, Mira Ave., 120, for the position of representative. Performs his labor function in the city of Rostov-on-Don";
or the same thing, but “... performs his labor function at home at the address: Rostov-on-Don, st. Lenina, 5 apt. 5"?
I. Artamoshina, training engineer, Moscow

In this regard, the question arises: how will the employer fulfill legal duty– organize the work of such an employee and manage him, incl. keep a time sheet?

The absence in Rostov-on-Don of a separate structural unit of the organization, which on behalf of the employer would organize and manage the employee’s work, prevents the formation of labor relations with him. Content employment contract, whatever it may be, is unlikely to fully protect the interests of the employer, incl. and in relations with the tax service.

Therefore, in such situations, civil contracts are concluded with persons providing organizations with market research services to perform a specific task, defining the procedure for its delivery, the timing of its submission and the cost of the work performed. However, if the work is permanent, then this option is not very convenient for the organization, since there is a risk that such contracts will be recognized as employment contracts.

The second option, which in this case can be used by an organization, provides for the conclusion of a civil law agreement with a legal entity (or an individual - individual entrepreneur), which determines the obligations of the parties to fulfill certain work for a certain time. In this case, the employer in relation to persons directly performing necessary work in accordance with a civil law agreement, a legal entity (or individual – individual entrepreneur), which hires the workers necessary to perform the entire volume of work provided for by the civil contract.

I.A. Kostyan

Due to production necessity staffing changes. Is it possible not to warn employees about the change? mandatory conditions employment contract 2 months in advance, just sign additional agreement to the employment contract and transfer the employee to another position or establish a different salary from the date following the date of change staffing table?
I.A. Lozhnikova, Vankorneft CJSC, Krasnoyarsk

It is hardly possible to give an exhaustive answer to the question posed by the reader. A change in the staffing table may be the basis for a procedure related to both changing the mandatory terms of the employment contract and measures to reduce staff. For example, a change in the staffing table may be accompanied by the exclusion of some positions and the introduction of others. This may also be caused by the so-called internal reorganization, when, on the basis of some structural divisions others are formed, etc. In this case we're talking about about reducing the staff of the organization.

It is difficult to determine what is actually happening at Vankorneft CJSC.

Nevertheless, it must be said: if the employer has the opportunity to change the terms of employment contracts simultaneously with all employees, then Art. 72 Labor Code of the Russian Federation this allows. Since changes to an employment contract can be made by agreement of the parties, transfer the employee to another job or change official salary is not prohibited by signing a bilateral agreement.

Please keep in mind:
firstly, the terms of the employment contract (as a result of their changes) should not worsen the employee’s position in comparison with the current legislation;
secondly, the employer must fulfill the obligation provided for Art. 22 Labor Code of the Russian Federation, – provide workers with equal pay for work of equal value.

I.A. Kostyan

Is an additional agreement necessary if only the employee’s salary changes?
E.I. Ivanova, JSC "Gazproektengineering", Voronezh

I.A. Kostyan

Who signs an employment contract with a director and who issues and signs an order appointing him as a director?
Human Resources Department of Progress-2 OJSC, Orenburg

An employment contract with the head of the organization is signed on behalf of the employer by the appropriate authorized person. Depending on the legal form legal entity the right to conclude an employment contract with the head of the organization performing the function of the sole executive body, can be determined constituent documents or local regulations.

As a rule, following the decision on his election (appointment or confirmation) to a position made by authorized body legal entity, and by signing an employment contract, the head of the organization is forced to independently issue an order (instruction) for the main activity on taking office. With this order (instruction), the head of the organization informs all employees that he, with a certain calendar date began to perform duties in pursuance of the decision made by the authorized body of the legal entity in accordance with the terms of the employment contract concluded with him.

I.A. Kostyan

During the period 2007–2008. the employee was required to work on weekends with his written consent subject to compensation for involvement in work by providing time off and single pay. Payment was made, but no time off was provided. How to simultaneously comply with the will of the employee and the obligation of the enterprise: is it now possible to provide time off without additional payment?
N.N. Lesik, SCS Sovintel LLC, Krasnoyarsk

By general rule, work on weekends and non-working days holidays prohibited. IN exceptional cases– if there are grounds, in compliance with the procedure provided for Art. 113 Labor Code of the Russian Federation, – it is allowed to attract employees to work on weekends and non-working holidays.

I.A. Kostyan

Dear Colleagues! I would really like to know your opinion on the issue of notifying the trade union and employment authorities in the event of dismissal due to staff reduction, namely the moment of notification. What does “... no later than two months before the start of the relevant activities” mean? If we mean a dismissal order - then this seems to be the end of the activities, a warning to the employee - then, it turns out, you need to warn the union no later than four months in advance?
L. Ovchinnikova, Kazan

Currently the order of application Part 1 Art. 82 Labor Code of the Russian Federation definitely allowed by the ruling of the Constitutional Court of the Russian Federation dated January 15, 2008 No. 201 O-P “On the complaint of the open joint-stock company “Center for Restorative Medicine and Rehabilitation “Siberia”” regarding the violation of constitutional rights and freedoms by the provisions of part one of Article 82 of the Labor Code of the Russian Federation" It defines: “the beginning of relevant activities” in the system of the current legal regulation means that the employer, when making an appropriate decision, is obliged to inform the elected body of the primary government about this in writing trade union organization no later than two months before the start of termination of employment contracts with employees.

Yu.I. Peleshenko

Article 180 of the Labor Code of the Russian Federation states that upcoming dismissal In connection with a reduction in the number or staff of the organization, employees are warned by the employer personally and against signature at least two months before dismissal. At the same time Art. 373 says that when deciding on possible termination of an employment contract with an employee who is a member of a trade union, the employer sends to the elected body of the relevant primary trade union organization a draft order, as well as copies of documents that are the basis for making this decision.

In this case, the employer has the right to terminate the employment contract no later than one month from the date of receipt reasoned opinion the elected body of the primary trade union organization. It turns out that we notify both the employee and the trade union two months in advance, and within one month (plus seven days for consideration) we must fire the employee. But what about two months?
D. Polikarpov, Nizhny Novgorod

Employers must strictly comply established by the Code procedures for reducing the number or staff of employees.

Yu.I. Peleshenko

My lawyer and I had a little argument about who approves the internal rules. labor regulations. The Labor Code of the Russian Federation says that this does, incl. and a worker representative (eg trade union). We do not have a trade union and never have had one, and I have never seen such a trade union in any company where I have worked. We approved our internal labor regulations CEO. The lawyer says that a representative of employees (i.e., a trade union) must be in any organization.
N. Titova, Moscow

HELL. Rabinovich

Are deductions made from wages for days not worked vacations granted in advance upon dismissal at will(with note: due to retirement). Under what conditions are deductions not made in this case?
I.A. Yurtaeva, JSC "KOKS"

If the period of suspension from work has expired, but the employee has not returned to work, there is no need to rush to dismiss him. It must be taken into account that absenteeism is absence from the workplace for a certain time without good reasons. Therefore, before dismissing an employee for absenteeism, you need to make sure that he is absent from work without good reason. In this case, it is obvious that the employee suffers from some kind of illness, was in the hospital, and due to health reasons was unable to perform his previous job for three months, which means that there is a possibility that he is sick. Dismissal for absenteeism during illness is illegal. In addition, it should be borne in mind that dismissal on the grounds provided for subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation, in accordance with Part 3 Art. 192 Labor Code of the Russian Federation is disciplinary action, and before its application the employer agrees Part 1 Art. 193 Labor Code of the Russian Federation must request a written explanation from the employee.

There is also no rush to fire an employee “for health reasons.” An employment contract may be terminated with an employee in accordance with clause 8, part 1, art. 77 Labor Code of the Russian Federation when, according to a medical report, the employee needs temporary transfer for another job for a period of more than four months or permanent translation, but the employee refuses the transfer or the employer does not have the appropriate work. It is clear from the question that such a medical report has not been provided to the employer, so there is no reason to dismiss the employee in accordance with clause 8, part 1, art. 77 Labor Code of the Russian Federation. For the same reason, it is impossible to terminate an employment contract for clause 5, part 1, art. 83 Labor Code of the Russian Federation.

Thus, before deciding on termination of the employment contract, the employer will have to take measures to determine the reasons for the employee’s absence from work.

T.A. Boychenko

Many articles of the Labor Code use the wording “at the request of the employee.” What is arbitrage practice to confirm this or that desire? After all, nowhere is it written that it must be expressed in writing.
A.A. Kurka, lawyer, JSC FGC UES-MES of Western Siberia

The wording “at the employee’s request” without indicating that the desire must be expressed in writing is found in Labor Code RF not so often. In particular:
1. According to Part 5 Art. 66 Labor Code of the Russian Federation at the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.
2. According to Part 4 Art. 123 Labor Code of the Russian Federation separate categories employees in cases provided for by the Labor Code of the Russian Federation and other federal laws, annual paid leave is provided at their request at a time convenient for them.
3. According to Art. 152 And Part 3 Art. 153 Labor Code of the Russian Federation at the request of the employee overtime work and working on a day off or a non-working holiday instead of increased pay may be compensated by providing additional rest time.
4. According to Part 4 Art. 186 Labor Code of the Russian Federation at the request of the employee, if he donates blood and its components, the additional day of rest can be used at another time.
5. According to Part 4 Art. 173 And Part 4 Art. 174 Labor Code of the Russian Federation employees studying part-time and part-time (evening) forms of education in those with state accreditation educational institutions higher and secondary vocational education, for a period of ten academic months before the start of the graduation project (work) or passing state exams is established at their request work week, shortened by 7 hours. During the period of release from work specified employees 50% of average earnings at the main place of work are paid, but not less minimum size wages. A similar rule is provided Part 3 Art. 176 Labor Code of the Russian Federation for workers studying in evening educational institutions.

These articles do not contain requirements for compliance written form to express the employee's wishes. However, it should be remembered that in the event of a dispute, you will have to prove that the employee had such a desire. The most convincing evidence is written statement employee. By receiving it from the employee even before issuing the order, the employer will save himself from unnecessary problems. At the same time, an employee who has clearly formulated his request in a statement to the employer will subsequently not deny his intentions.

T.A. Boychenko

In November 2007, the employee was fired due to being called up for military service. Was paid severance pay, a corresponding entry was made in the work book. A month later he came to apply for a job (he failed the medical examination at the assembly point, and was left until the spring conscription). What to do with the entry in the work book and severance pay? What payments should we give him if he again writes a letter of resignation due to conscription?
HR Department Inspector, Ustyansky Distillery LLC

There is no need to invalidate an entry in the work book, since the dismissal was made on legally. If you want to rehire this employee, then a new employment contract is concluded with him. As for severance pay, the law does not provide for its return by the employee, especially since the employee probably received a deferment from conscription for military service in connection with recognition of in the prescribed manner temporarily unfit for military service due to health reasons ( Art. 24 of the Federal Law of March 28, 1998 No. 53 FZ “On Military Duty and Military Service”).

If labor Relations will be terminated again due to the employee’s conscription for military service, he should be paid severance pay in the amount of two weeks’ average earnings ( Part 3 Art. 178 Labor Code of the Russian Federation).

HELL. Rabinovich

The decision of the employment service is formalized with a certificate for receiving the maintained average earnings for the third month from the date of dismissal.

The average salary saved for the period of employment for the third month from the date of dismissal of the employee is paid by the employer upon presentation of a passport, work book and certificate from the employment service.

T.A. Boychenko

Thus, no matter on what basis the employee is dismissed, he must be paid financial compensation for unused vacation. Absenteeism does not deprive the employee of the right to receive compensation for vacation.

As for entries in the work book, then Instructions for filling out work books it does not provide for the inclusion of information about the duration of the employment contract.

ON THE. Knyazeva

A medical report does not allow the employee to remain in his previous position (there harmful conditions labor). The employee refuses the transfer. What should I do?
L.I. Bolshakova, Head of HR Department, Veliky Novgorod

Transfer to another job (change of place of work and labor function specified in the employment contract) is permitted by law only by agreement of the parties. At the same time change determined by the parties terms of the employment contract, if they cannot be maintained in accordance with a medical report ( Art. 73 Labor Code of the Russian Federation), may serve as grounds for termination of an employment contract.

In this case, the law obliges the employer to take measures to employ the employee, but in the absence of the employee’s consent or the employer has no vacancies, the law gives the right to dismiss.

An employee who needs to be transferred to another job in accordance with a medical certificate issued in the manner established by federal laws or other regulations legal acts Russian Federation, the employer is obliged, with the written consent of the employee, to transfer him to another available job that is not contraindicated for him due to health reasons.

In cases where the employee agrees medical report needs a temporary transfer to another job for a period of up to four months, but refused such a transfer, or the employer does not have the corresponding job, the employer is obliged for the entire specified period remove the employee from work harmful to his health while maintaining his place of work (position). Wage the employee is not accrued, except in cases expressly provided for by law.