TP for beginners

Good day, Habr. By the will of fate (well, or by chance, someone who believes in that), I work at one of the enterprises included in the structure of one notorious company which had an “affair” during an election campaign with a person who looked like the then presidential candidate. Names are not important. The fact is that my profession is slightly atypical for this resource. I am a lawyer. And therefore I would like to conduct an excursion into the very origins of our TP. Yes Yes. It didn’t seem to you. namely TP. Are we talking about labor law right now? In general, this article “inspired” me , which tells about the successful struggle with the employer. I would like to give you some more knowledge based on the theory and practice of applying the current Labor Code.
To begin with, if you will, a small button accordion from bashorg:
roman: are there any familiar lawyers?
S_Style: what right interests?
roman: conflicts with the employer - what is this right?
S_Style: serf

Well, who cares - welcome to cat.

Part one. Introductory water.

I don’t know how, but it seems to me that our labor law, that is, the branch of law that regulates the legal relations arising in connection with the performance of labor functions, is issues related to hiring, regulating working conditions, internal transfers and dismissal, is very loyal to employees. But this does not mean that the law is always on their side. In this article, I see no reason to describe issues related to the regulation of working conditions and internal transfers. If they give me an invite, then, in principle, I can answer the questions in the comments.
And so, first of all, you need to understand for yourself that the Labor Code (hereinafter - the Labor Code) directly regulates these issues. That is, its execution is mandatory regardless of the existence of by-laws (without considering the option of public service). So, if there are questions related to hiring, or dismissal, you must look at the relevant chapters of the Labor Code. Where to get the current version? Well, corny on the sites of reference legal systems, such as Consultant Plus , Guarantor , etc. For the most impatient, I’ll say that on the issue of registration of labor relations (read, conclusion of an employment contract), it is necessary to look at Chapter 11 of the Labor Code, and on issues of termination of labor relations (read, termination of an employment contract), it is necessary to look at Chapter 13 of the Labor Code.
Well, a little advice from me, which you must follow when signing any documents: always read what you sign - be it profiles, statements, contracts, etc. Try to understand the essence. If it’s not clear, ask for clarification (preferably also in writing, but I’m more than sure that in practice this won’t come to that).

Part two. Receptionist

Behind a certain number of circles of the Moscow Ring Roadinterviews. And they tell you that you are hired for the position of Senior XYZ Developer. In theory, you should immediately be given an employment contract in which the conditions of your work will be spelled out - such as the formal start of working time, official salary (the “white” part of wages), job title, etc. Along with the signing of an employment contract, you should be familiar with local acts governing the activities of the enterprise as a whole, the structural unit in which you work, etc. The final act in this chain is your job description. The array of acts with which you are familiarized, together with your employment contract, from the formal legal point of view, is the very set of documents that will determine the norms of your work, i.e. your job responsibilities, functional subordination, etc. Violation of the conditions of these documents on your part, as an employee, will be the basis for the application of penalties to you, up to and including termination of employment. If you turn on the paranoid mode (that is, maximum discretion from the point of view of the law), then you can ask for copies of documents certified by the employer that you have “familiarized with”. One copy of the employment contract, regardless of the copies of the remaining documents, should be in your hands.
Definitions of actions previously discussed
Acquaintance - a mark in a certain place of the form “I, Pupkin Vasily Voldemarovich, is familiarized with% name of the document%. Date, signature. ” As a rule, only fields with a date and signature are given for completion. In rare cases, with a full name.
Certified by the employer copies of documents - copies with the mark of the representative of the employer “Copy is correct”, affixing the signature and seal of the organization / personnel service. Good, such a mark should be on every page of a multi-page document. And, again, for good, a person who certifies copies of documents must have a power of attorney signed by the executive body (director, etc.) and certified with sadness by the seal of the organization - but this is already quite legal jungle.

Based on the signed employment contract, the employer issues an order in a unified form, which you should familiarize yourself with. KO note: this is obvious from the order form.
I would also like to dwell on the provisions on wages, provisions on bonuses, etc. These provisions, as the name implies, govern wage increases. Why am I writing about this? It is not rare that wages are gray / black, but there are such provisions. At the same time, the salary part of earnings (in the employment contract) is set at the minimum wage, and the rest - premiums. And here you need to look carefully, in order to understand on what basis the employer has non-accrual bonuses. If the list of such grounds is open, i.e. is not exhaustive (contains phrases of the form “etc.”, “etc.”, etc) then this is an occasion to think about the stability of the bonus, because the employer, if he wants not to pay money, will look for any ways to do this. Including, a great way to save money is to save on the premium part. If you are rewarded based on key performance indicators - also look at how achievable they are. If there are no such provisions, then, from the documentary point of view, you subscribe to work exclusively on the salary established by the employment contract. I especially emphasize that this is only a documentary point of view and in the process even such moments can be proved by non-documentary evidence.
Process is
it implies directly the hearing of a labor dispute in court under the norms of the civil procedure code. A description of the process, however, is beyond the scope of this article.

Part three. Pay and salary

As much as I would not like to write about it, but it is necessary. I would like to say right away that I will not touch upon the question of the distribution of taxes and contributions from the wage fund. Here I will try to be brief. We will understand wages in a broad sense - i.e. salary + bonus. In relation to it, the rule directly applies that wages are paid at least every half month on the day established by the rules of the internal labor schedule, collective agreement, and labor agreement. Do you remember that you are already familiar with these documents? See part two of this article. Of the "amenities", perhaps, I note that for each day of delay in wages, the employer pays 1/300 of the refinancing rate (about 8% now) in the amount of debt. It turns out the astronomical amount - for 300 days of delay in payment of wages, you will receive it at a rate of approximately 8% more than the original debt. Well, if the payment is delayed for more than 15 days, you can suspend your work by notifying the employer in writing. Always understand the accruals / deductions made from wages. You should not have gaps in understanding why you have underestimated any part of it.

Part three. Leave for closing

In this part, perhaps, you need to consider several options. Option one - the employer wants to fire you. My opinion. taking into account practice, such that it will be one way or another organized. In the best case, through a reduction, with a change in the corresponding part of the staff list, in this case, compensation payments due can be received. In the worst case, through dismissal on a different basis. For example, for absenteeism. The size of compensation payments in this situation will be less.
The second option - we want to quit ourselves. It all depends on the employer - if the relationship is normal, then we write the appropriate statement and give it to the personnel officers. After that, we decide on the basis for dismissal - the standard term - 14 days after the "notification" of the employer by his application. This period may be shortened, but, at the same time, the wording of the dismissal will be “by agreement of the parties”. Or another attitude - the employer does not accept your application - we send it by registered letter with acknowledgment of receipt (hello slouRussian Post, or any express delivery companies) to the legal address of the organization. After 14 days from the date of delivery of the specified application - solemnly helmet in the forest of the current employer. All compensation that the employer must pay must be paid on the day of dismissal.

Part Four Instead of a conclusion

What did I want to say with this article? You yourself can well protect your rights in labor disputes. There is no universal recipe. Each case is individual. I do not in any way call for paid consultations, or anything like that. My opinion is that a person himself can defend his rights in labor relations. In the spoiler for this part, a couple of procedural moments will be indicated.
  1. For complaints about the employer, there are such excellent bodies as the state labor inspectorate and the prosecutor's office.
  2. Nobody bothers you to troll the employer through friends - I would not want to give such advice, but it seems to work
  3. There is a very short time period for appealing against labor disputes in court - about 1-3 months.
  4. At the slightest hint of conflict, try to get copies of documents that govern your activities and with which you are familiar
  5. In a lawsuit, you can even prove a gray salary by referring to bank statements, testimonies of witnesses, etc.
  6. The law is not always on the side of the employee. But it establishes the obligations of the employer, in violation of which, the corresponding disciplinary sanction (order of dismissal, etc.) can be canceled

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