Give the correct definition of the term employer. Dictionary of terms on labor law. Comparison of shopping mall and labor code

Question
Topic 1. Fundamentals of labor protection

1. What legislative act establishes the right of an employee to work in the Russian Federation?

Labor Code of the Russian Federation

the Constitution of the Russian Federation

Convention for the Protection of Human Rights and Fundamental Freedoms

Federal Law N 426-FZ "On a special assessment of working conditions"

Constitution: Article 36 p.3. Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not less than the minimum wage established by federal law, as well as the right to protection from unemployment.

4. The right to individual and collective labor disputes is recognized using the methods of their resolution established by federal law, including the right to strike.

Question
2. Which of the following relations are based on an agreement between the employee and the employer on the personal performance by the employee of a labor function for payment, the employee's subordination to the internal labor regulations while the employer ensures the working conditions provided for by labor legislation?

Labor Relations

Property relations

financial relations

Civil law relations

Labor relations arise between the employee and the employer on the basis of an employment contract concluded by them in accordance with this Code.

Question
3. Who are the parties to the employment relationship?

Individual and legal entity

Worker and manager

Employee and employer

Individual and state

Labor Code of the Russian Federation Chapter 2

Article 20. Parties to labor relations

The parties to labor relations are the employee and the employer.

Question
4. By concluding, amending and supplementing what documents, employees and employers regulate labor relations and other relations directly related to them in labor legislation?

Only employment contracts

Only collective agreements

Agreements only

All listed documents

Labor Code of the Russian Federation Article 9. Regulation of labor relations and other directly related relations in a contractual manner

In accordance with labor legislation, the regulation of labor relations and other relations directly related to them can be carried out by concluding, amending, supplementing collective agreements, agreements, labor contracts by employees and employers.

Question
5. What is the basis for the emergence of labor relations between the employee and the employer?

Oral agreement on the performance of labor duties between the employee and the employer

Conclusion of a civil law contract

Actual admission of an employee to work without the knowledge or instruction of the employer or his authorized representative

The conclusion of an employment contract, as well as the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative in the case when the employment contract was not properly executed

Labor Code of the Russian Federation Article 16. Grounds for the emergence of labor relations

Labor relations between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative in the case when the employment contract was not properly executed.

The actual admission of an employee to work without the knowledge or instruction of the employer or his authorized representative is prohibited.

Question
6. What is meant by production activities?

Question
7. What is meant by production activities?

The set of actions of workers using the means of labor necessary to turn resources into finished products

An activity in which the actions of the worker are guided by the conscious goal of mastering certain skills

Activities aimed at the production of certain socially useful products that satisfy human needs

Labor Code of the Russian Federation Section X. LABOR SAFETY Article 209. Basic concepts

Production activity - a set of actions of workers using the means of labor necessary to turn resources into finished products, including the production and processing of various types of raw materials, construction, and the provision of various types of services.

Question
8.What is the working conditions?

This is a combination of factors of the working environment and the labor process that affect the performance and health of the employee.

These are the maximum permissible concentrations of substances in the air of the working area

This is the value of the harmful and (or) dangerous production factor

This is the level of material compensation to the employee for harmful and (or) dangerous production factors

Labor Code of the Russian Federation Section X. LABOR SAFETY Article 209. Basic concepts

Working conditions - a set of factors of the working environment and the labor process that affect the performance and health of the employee.

Question
9. Which of the following definitions corresponds to the term "danger"?

Only an object capable of causing injury or other harm to human health

Only a situation capable of causing injury or other harm to human health

Only an action capable of causing injury or other harm to human health

A production factor capable of causing injury or other harm to human health

Labor Code of the Russian Federation Section X. LABOR SAFETY Article 209. Basic concepts

A hazardous production factor is a production factor, the impact of which on an employee can lead to his injury.

Question
10. What definition corresponds to the term "risk"?

The combination of the probability of a hazardous event occurring in the course of work, the severity of injury or other damage to human health caused by this event

The process of recognizing the existence of a hazard and defining its characteristics

The process of obtaining and objectively assessing data on the potential hazard and the damage that it can cause

Labor Code of the Russian Federation Section X. LABOR SAFETY Article 209. Basic concepts

Occupational risk - the likelihood of harm to health as a result of exposure to harmful and (or) dangerous production factors in the performance of duties by an employee under an employment contract or in other cases established by this Code, other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body responsible for the development of state policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

An individual enters into an employment contract () with an employee to maintain his property. An individual concludes (a contract) with an employee for the implementation of entrepreneurial activities. The rights and obligations of the employer in labor relations with the employee are carried out by the head of the organization acting in accordance with laws, other legal acts and constituent documents, as well as the contract concluded with him. In business partnerships and unitary enterprises, the body of the legal entity is the director or general director, in production cooperatives - the board. In joint-stock companies, the right to conclude employment contracts (contracts) with employees is granted to the executive body of the company. Such body is the sole executive body of the company (general director) or the sole executive body of the company and the collegial executive body of the company (board, directorate).

Dictionary of business terms. Akademik.ru. 2001 .

Synonyms:

See what "Employer" is in other dictionaries:

Employer … Spelling Dictionary

Employer, entrepreneur; master. Ant. worker, employee Dictionary of Russian synonyms. employer host Dictionary of synonyms of the Russian language. Practical guide. M.: Russian language. Z. E. Alexandrova. 2011 ... Synonym dictionary

EMPLOYER, employer, husband. (economy). 1. The one who provides work hires labor. 2. Entrepreneur, exploiter, a person who hires workers in order to extract surplus value. Explanatory Dictionary of Ushakov. D.N. Ushakov. 1935 ... Explanatory Dictionary of Ushakov

EMPLOYER, me, husband. (official). The person who provides the job is the employer. Explanatory dictionary of Ozhegov. S.I. Ozhegov, N.Yu. Shvedova. 1949 1992 ... Explanatory dictionary of Ozhegov

English employer; German Arbeitgeber. An individual, an organization that provides work, employs a workforce. Antinazi. Encyclopedia of Sociology, 2009 ... Encyclopedia of Sociology

Employer- an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In cases provided for by federal laws, another entity entitled to conclude labor contracts may act as an employer ... ... Official terminology

EMPLOYER- an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In the cases established by the Federal Law, another subject entitled to conclude employment contracts may act as a R. (Article 20 of the Labor Code of the Russian Federation). AT… … Russian encyclopedia of labor protection

Employer- an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In cases established by federal laws, another entity entitled to conclude employment contracts may act as an employer ... Encyclopedic dictionary-reference book of the head of the enterprise

Employer- - an organization (legal entity) represented by its head (administration), or an individual with whom the employee has an employment relationship. [SNiP 12 03 2001, SP 12 132 99] Term heading: Economics Encyclopedia headings: ... ... Encyclopedia of terms, definitions and explanations of building materials

Employer- (English employer) in the labor law of the Russian Federation, a legal entity or citizen with whom the employee has an employment relationship established by an employment contract (contract). R. is obliged to pay wages to the employee and provide ... Encyclopedia of Law

Books

• Entrepreneur-employer, Edited by A. V. Sutyagin. Recently, the Labor Code of the Russian Federation has undergone significant changes. One of the innovations is the obligation of a private entrepreneur to conclude employment contracts with…
• Regional socio-economic system "employer - employee", Ulyana Nazarova. The monograph is devoted to the theoretical, methodological and applied aspects of strategic innovation management in an industrial enterprise in order to maintain competitiveness ...

Quick jump: All categories including taxis) Topic 3. Ensuring the safety of regular transportation of passengers and transportation of passengers on orders Topic 4. Ensuring the safety of transportation of organized groups of children by buses Topic 5. Ensuring safety during the transportation of goods, including the placement and securing of goods on vehicles Topic 6. Transportation through the territory of the Russian Federation of certain types of goods that have their own specifics while ensuring safety - large-sized cargo Topic 7. Ensuring the safety of transportation of dangerous goods through the territory of the Russian Federation Topic 8. Ensuring the safety of transportation of passengers and goods in special conditions Topic 9. Fundamentals of transport Theme 10. Rules and norms of labor protection in road transport Theme 11 Purpose and main technical and operational characteristics of the rolling stock of road transport, loading and unloading mechanisms Theme 12. Rules for the technical operation of vehicles, including the admission of vehicles for operation Theme 13 Methods for planning, accounting and analyzing road transport Topic 14. The procedure for developing and approving plans for the production and economic activities of enterprises Topic 15. Organization of the process of transportation and labor of drivers and other employees involved in the operation of vehicles Topic 16. Ensuring the professional suitability and reliability of drivers (admission to driving, medical examination, internship Topic 17. State system of road safety management, federal state supervision in the field of road safety Topic 18. Responsibility for and administrative offenses in transport, in the field of traffic and in the operation of vehicles Test transportation of dangerous goods. Basic course. Topic 1. Regulatory support for the transportation of dangerous goods. Topic 2. Training of drivers and specialists in the field of transportation of dangerous goods by road. Topic 3. Terms. Topic 4. Exceptions Topic 5. Transport documents Topic 6. Classification of dangerous goods Topic 7. Marking of dangerous goods Topic 8. Marking of vehicles Topic 9. Requirements for packaging Topic 10. Permit system. Topic 11. Requirements for vehicles and additional equipment Topic 12. Organization of transportation of dangerous goods and vehicle movement Topic 13. Obligations of the driver and personnel serving transportation Topic 14. Elimination of consequences and labor protection Topic 15. Responsibility

The concept of "employer" is indicated in Part 4 of Art. 20 Labor Code of the Russian Federation 11 Labor Code of the Russian Federation: Feder. Law of December 30, 2001 No. 197-FZ: according to comp. as of December 30, 2015 // Collection of legislation of the Russian Federation. 2002. No. 1 (part I). Art. 3., namely, according to it, the employer is an individual or legal entity (organization) that enters into an employment relationship with an employee. In cases provided for by federal laws, another entity entitled to conclude labor contracts may act as an employer.

This concept covers persons of various legal status who act as employers. Let's consider them.

1. The employer is an individual.

Employers of individuals are divided into employers - individual entrepreneurs and persons who are not them 22 Scientific and practical commentary on the Labor Code of the Russian Federation / Otv. ed. V.L. Geikhman. M.: Yurayt, 2015. S. 31..

Employers who are individual entrepreneurs are employers of individuals who are registered in a certain order as individual entrepreneurs and carry out entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities are subject to state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities.

Employers who are not self-employed are employers of natural persons who enter into an employment relationship with employees for the purposes of personal service and household assistance.

It should be noted that when “individual employers” are mentioned, both of their varieties are meant.

2. The employer is a legal entity (organization).

These employers are the main ones in the field of hired labor.

Note that legal entities can be organizations that pursue profit making as the main goal of their activities (commercial organizations) or do not have profit making as such a goal and do not distribute the profits among participants (non-profit organizations).

According to paragraph 2 of Art. 50 of the Civil Code of the Russian Federation 11 Civil Code of the Russian Federation. Part one: feder. Law of November 30, 1994 No. 51-FZ: comp. as of January 31, 2016 // Collection of legislation of the Russian Federation. 1994. No. 32. Art. 3301 legal entities that are commercial organizations can be created in the organizational and legal forms of business partnerships and companies, peasant (farm) enterprises, economic partnerships, production cooperatives, state and municipal unitary enterprises.

Paragraph 3 of Art. 50 of the Civil Code of the Russian Federation determines the organizational and legal forms of legal entities that are non-profit organizations. Such organizational and legal forms include: consumer cooperatives, public organizations, public movements, associations (unions), partnerships of property owners, Cossack societies, communities of indigenous peoples of the Russian Federation, foundations, autonomous non-profit organizations, religious organizations, public law companies, lawyers chambers, bar associations.

Thus, the employer is a legal entity (organization) - these are various organizations that offer work on the labor market and organize the work of employees in which they work on the terms of an employment contract.

It should be noted that in the literature, an organization-employer is understood as an independent economic entity, which is formed in accordance with the established legislative procedure, to recruit workers, produce products, perform work and provide services in order to meet social needs and make a profit. 11 Labor Law / Ed. O.V. Smirnova, I.O. Snigireva. M., 2007. S. 87. .

According to V.T. Savin, from such an understanding of an economic entity, it follows that the legislator in Art. 20 of the Labor Code of the Russian Federation identified different industry categories "employer" and "legal entity (organization)", which gives reason to doubt the correctness and validity of the concept of "employer" formulated by him 22 Savin V.T. On the issue of the concept of an employer - a legal entity (organization) as a subject of labor relations // Gaps in Russian legislation. 2013. No. 6. P. 146. But, despite this, it was unconditionally supported by representatives of the science of labor law 33 Commentary on the Labor Code of the Russian Federation / Otv. ed. E.N. Sidorenko. M., 2004. S. 68 - 70; Molodtsov M.V., Golovina S.Yu. Labor law of Russia. M., 2003. S. 77 - 80; Tolkunova V.N. Labor law. Course of lectures, M., 2002. S. 48; and etc. . In our opinion, this legislative consolidation is ill-conceived. It turns out that the definition of "employer" is reduced to the concept of a legal entity, which is not correct. It should also be noted that a legal entity is one of the main institutions of civil law. But the concept of a legal entity, which is used in civil law, cannot be used in labor law.

3. Employer is another entity that has the right to conclude employment contracts.

In part 4 of Art. 20 of the Labor Code of the Russian Federation states that "in cases established by federal laws, another entity entitled to conclude employment contracts may act as an employer." This implies the possibility of existence as an employer and other entities that are not legal entities. This is, for example, the primary trade union organization, which does not have the status of a legal entity, which employs a technical secretary or accountant to service this trade union organization.

Branches, representative offices, other separate structural subdivisions of organizations are not granted by law the right to conclude employment contracts with employees. In all cases, employers are legal entities (organizations), on behalf of which the head of a branch or representative office can act on the basis of a power of attorney given to him, which provides the right to hire and dismiss employees. In the absence of such authority from the head of the branch, representative office, employment contracts with employees of the branch, representative offices are concluded and terminated by the legal entity itself as an employer 11 Orlovsky Yu.P. 502 topical issues under the Labor Code of the Russian Federation: comments and clarifications / Yu.P. Orlovsky, A.F. Nurtdinova, L.A. Chikanova. M.: Yurayt Publishing House, 2010. S. 87..

Thus, the concept of "employer" covers the entire range of entities providing work to able-bodied citizens, which includes individuals and legal entities, as well as other entities that are entitled to conclude employment contracts.

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1. The subject of labor law is the following relations:

a) relations for the consideration of labor disputes;

b) relations on payment of overtime work;

c) employment relationship with this employer;

d) labor relations;

e) relationship with the payment of pensions.

Correct answer: a, c, d

2. The subjects of labor law are:

a) citizens of the Russian Federation;

b) foreign citizens;

c) employees;

d) the workforce of the organization;

e) joint-stock companies.

Correct answer: in

3.Choose the correct definition of a collective agreement:

a) a collective agreement is an employment contract;

b) a collective agreement is a legal act regulating social and labor relations in an organization and with an individual entrepreneur, concluded by employees and the employer represented by their representatives;

c) a collective agreement is an agreement between the parties in the absence of disagreements regarding the establishment of working conditions.

Correct answer: b

4.Working hours are as follows:

a) preferential;

b) abbreviated;

c) privileged;

d) normal;

e) incomplete;

e) truncated.

Correct answer: b, d, d

5. Which of the following types of incentives are provided for by labor legislation:

a) acknowledgment;

b) awarding an honorary diploma;

c) announcement of public gratitude;

d) the issuance of an award;

e) enrollment in the list of honor.

Correct answer: a, b, d)

6. Under what conditions is the employee liable:

a) if there is a loss of profit;

b) when committing an illegal action (inaction);

c) in the presence of a normal production and economic risk;

d) in the presence of guilt;

e) if there is a causal relationship between the action (inaction) and damage;

f) when causing direct actual damage;

g) if there is a causal relationship between the action (inaction) and guilt.

Correct answer: b, d, e, e

7. Bodies for consideration of individual labor disputes are:

a) conciliation commission;

b) a court of general jurisdiction;

c) a trade union;

d) commission on labor disputes;

e) arbitration court.

Correct answer: b

8. An employment contract is:

a) an agreement between the employer and the employee's representative;

b) an agreement between the employee and the representative of the employer;

c) an agreement between the employer and the employee.

Correct answer: in

9.Normal hours of work may not exceed:

a) 36 hours a week

b) 48 hours a week

c) 40 hours a week.

Correct answer: in

10. Which of the following types of penalties for violation of labor discipline are provided for by labor legislation:

a) severe reprimand;

b) demotion;

c) remark;

d) transfer to a lower-paid job;

d) reprimand.

Correct answer: c, d

11. In what cases the employer has the right to remove the employee from work:

a) if the employee appeared at work in a state of alcoholic, narcotic or toxic intoxication;

b) if the employee has not passed the mandatory medical examination;

c) if the employee did not provide personal information about himself.

Correct answer: a, b

12. Employment contracts may be concluded:

a) for an indefinite period only;

b) both for a fixed and indefinite period;

c) up to 10 years

d) for 5 years,

e) both for a fixed (up to five years) and indefinite period;

Correct answer: d

13. The parties to labor relations are:

a) employee and employer;

b) an employee, an employer and an intermediary (for example, an employment service);

c) employer and intermediary.

Correct answer: a

14. Representatives of employees when concluding a collective agreement may be:

a) local governments;

b) conflict resolution service;

c) trade unions,

d) only primary trade union organizations,

e) primary trade union organizations and other representatives in cases stipulated by law.

Correct answer: d

15. The main document on labor activity and seniority is:

a) an employment contract;

b) a personal matter;

c) work book

d) autobiography.

Correct answer: in