labor law attitude - this is a social relation regulated by the norms of labor law, arising on the basis of employment contract, according to which one subject (employee) undertakes to perform a labor function subject to the rules of internal labor regulations, and the other subject (employer) is obliged to provide work, ensure healthy and safe conditions labor and pay the work of the employee in accordance with his qualifications, the complexity of the work, the quantity and quality of labor.

• mutual rights and obligations of its subjects, determined by the employment contract, labor law and the collective agreement (agreement).

The employee is obliged to accurately fulfill his labor function stipulated by the contract, obeying the internal labor regulations of this production, and the employer is obliged to comply with labor legislation and all working conditions of the employee provided for by the labor and collective agreement and labor legislation.

The labor relationship includes a number of rights and related obligations of the parties: working hours, rest time, remuneration, guarantees and compensations, etc. The volume and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

Features of the employment relationship:

1. the subjects of an employment relationship are the employee and the employer;
2. an employment relationship has a complex set of rights and obligations of its subjects: each of them acts in relation to the other both as an obligated and as an authorized person, and also bears not one, but several duties;
3. despite the complex composition of rights and obligations, the employment relationship is unified;
4. the continuing nature of the employment relationship (the rights and obligations of subjects are implemented not by one-time actions, but systematically, by performing those actions that are necessary in the established working time).

However, persons who have entered into civil law contracts (personal contract, assignments, paid services, copyright agreement, etc.) can also engage in labor activity.

Characteristic features of an employment relationship (delimiting it from related, including civil law, relations):

1. The personal nature of the rights and obligations of an employee who is obliged by his work to participate in the production or other activities of the employer (the employee does not have the right to represent another employee instead of himself or entrust his work to another, etc., such a restriction is not in the contract).
2. The employee is obliged to perform the labor function stipulated by the employment contract, and not a separate (separate) individually-specific task by a certain date, which is typical for a civil law contract.
3. The performance by the employee of his labor function is carried out in the conditions of collective (cooperative) labor, which is connected with the inclusion of the employee in the collective (staff) of workers with the ensuing need to obey the established rules of internal labor regulations.
4. The reimbursable nature of the employment relationship is manifested in the employer's response to the performance of the labor function - in the issuance of the appropriate wages(payment is made for the live labor expended by the employee systematically during the established working hours, and not for the specific result of materialized (past) labor, as in civil law relations).
5. The right of each of the subjects to terminate the employment contract without any sanctions, but in compliance with the established procedure.

Employment legal personality is the ability recognized by labor legislation this person(physical or legal) to be the subject of labor and directly related legal relations, to have and exercise labor rights and obligations and be responsible for labor offenses. In labor law, unlike, for example, civil law, legal personality includes three elements:

• labor capacity - the legally recognized ability to have labor rights and obligations;
• labor capacity - the ability, in accordance with labor legislation, to personally acquire and exercise labor rights and obligations by one's actions;
• labor delinquency - the ability recognized by labor legislation to be responsible for labor offenses.

In labor law, these three legal abilities are inseparable and arise in the subject of law at the same time - from the moment the labor activity(in civil law, for example, the emergence of legal capacity and full legal capacity have a gap in time), so we are talking about a single labor law capacity in labor law, i.e. legal personality.

Labor personality is characterized by two criteria:

1. age;
2. strong-willed.

It is important to know that, in contrast to civil legal capacity that arises from the moment of birth, labor legal personality is timed by law to reach a certain age, namely, at 16 years old. In certain cases and in the manner provided for by the Labor Code of the Russian Federation, an employment contract may be concluded with persons under the age of 16 (Article 63 of the Labor Code of the Russian Federation of the Labor Code of the Russian Federation) in the following cases:

• receiving the main general education or continuation of the development of the program of basic general education in a form other than full-time;
• leaving a general education institution in accordance with federal law.

In these cases, an employment contract may be concluded by persons who have reached the age of 15 years.

Persons studying in educational institutions who have reached the age of 14 may be employed:

1. for execution light labor that does not disrupt the learning process,
2. in my spare time, but
3. mandatory with the consent of one of the parents (custodian) and the guardianship and guardianship authority.

The indicated age criterion of labor legal personality is due to the fact that from that time on a person becomes capable of systematic work, which is enshrined in law (Article 63 of the Labor Code of the Russian Federation). This article also establishes that in cinematography, theater and concert organizations, circuses, with the consent of one of the parents (guardian) and the permission of the guardianship and guardianship authority, it is allowed to conclude an employment contract to participate in the creation and (or) performance (exhibition) of works without harm to health and moral development with persons under 14 years of age. In this case, the employment contract is signed on behalf of the employee by the parent (guardian), but with the permission of the guardianship and guardianship authority.

Based on the physiological characteristics of the adolescent organism and the need for them moral education, the employment of persons under the age of 18 is prohibited:

• at work in hazardous and hazardous conditions labor;
• at work, the performance of which may harm their health and moral development (gambling business, work in nightclubs, bars, cabarets, etc. (Article 265 of the Labor Code of the Russian Federation).

It should be borne in mind that, along with age, labor personality is characterized by a volitional criterion, which is associated with the actual ability of a person to work. It is considered as physical and mental abilities for work, which, however, cannot limit equal labor personality for all.

Labor personality is characterized by legislation as equal for all citizens (individuals). This means that citizens are free to exercise their rights, and natural differences between them, such as gender, age, nationality or property status and other circumstances, should not be discriminatory in the labor sphere.

Discrimination is prohibited by the Constitution of the Russian Federation, as is forced labor, which is reflected in the Labor Code of the Russian Federation at the level of the basic principles of labor law (Article 2).

The legal status of the subject of labor law is his legal status defined by labor law. It consists of the following elements.

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An employment legal relationship is a social and labor relationship arising on the basis and regulated by norms, according to which one subject - the employee undertakes to perform a labor function with subordination, and the other subject - is obliged to provide work, ensure healthy and safe working conditions and pay the work of the employee in accordance with his qualifications, complexity of work, quantity and quality of work.

The content of an employment relationship is the mutual labor rights and obligations of its subjects, defined by an employment contract, labor legislation and an agreement. The employee is obliged to accurately fulfill his labor function stipulated by the contract, obeying the internal labor regulations of this production, and the employer is obliged to comply with labor legislation and all working conditions of the employee provided for by the labor and collective agreement and labor legislation.

The employment relationship includes a number of rights and related obligations of the parties: for, rest time, wages, disciplinary responsibility etc., which are provided for by Art. 21 of the Labor Code of the Russian Federation, and the basic rights and obligations of the employer - Art. 22 of the Labor Code of the Russian Federation. The volume and nature of labor rights and obligations depend on many factors and are specified in relation to the labor function (specialty, qualification, position) of the employee.

The actual activity of the employee and the employer is the material content of labor relations, which is inextricably linked and subject to the volitional content of the participants in these legal relations.

Employment relationship - lasting, based on an employment contract, valid in time and has a personal character. The employee cannot replace himself by someone else in the performance of his labor function, and the employer, too, without justification, cannot replace the employee by someone else. The employer has the right to disciplinary power, therefore, for labor, he can punish the employee, bring him to disciplinary and.

Signs of an employment relationship

The employment relationship is characterized by certain features inherent in it.

The characteristic features of an employment relationship include the following:

1. The personal nature of the rights and obligations of an employee who is obliged only by his labor to participate in the production or other activities of the organization (employer). The employee does not have the right to represent another employee in his place or to entrust his work to another, just as the employer does not have the right to replace the employee with another, except in cases established by the Law (for example, during the employee's absence due to illness, etc.). There are no such restrictions in civil law, where the contractor has the right to involve other persons in the performance of work.

2. An employee is obliged to perform a certain, predetermined labor function (work in a certain specialty, qualification or position), but not a separate (separate) individually-specific task by a certain date. The latter is typical for civil law obligations related to labor activity, the purpose of which is to obtain a specific result (product) of labor, to perform a specific assignment or service by a certain date.

3. The specifics of labor relations also lies in the fact that the performance of the labor function is carried out in the conditions of general (cooperative) labor, which necessitates the subordination of the subjects of the labor relationship to the internal labor regulations established by the organization (employer). The performance of the labor function and the related subordination to the internal labor regulations means the inclusion of citizens in the composition of workers ( labor collective) organizations. All three features mentioned in this paragraph constitute the characteristic features of labor as an employee, in contrast to the subject of a civil law relationship. It is well known that a single and complex labor relationship combines both coordination and subordination elements, where freedom of labor is combined with subordination to the internal labor regulations. This is impossible in civil law terms, based on the fundamental principles enshrined in Art. 2 of the Civil Code of the Russian Federation.

4. The compensated nature of the employment relationship is manifested in the response of the organization (employer) to the performance of work - in payment, as a rule, in cash. The peculiarity of the labor relationship is that payment is made for the living labor expended, carried out by the employee systematically during the established working hours, and not for the specific result of materialized (past) labor, the performance of a specific assignment or service, as in civil law relations.

5. characteristic feature employment relationship is also the right of each of the subjects to terminate this relationship without any sanctions in compliance with the established procedure. At the same time, the employer has the obligation to notify the employee of the employee's dismissal on his initiative in established cases and to pay severance pay in the manner prescribed by the labor law.

Subjects of labor relations

The subjects of the labor relationship are its parties: the employee and the employer, where the employee is " individual who has entered into labor relations with the employer”, the employer is: “an individual or entity(organization) that has entered into an employment relationship with an employee. In the cases established federal laws, another entity entitled to conclude employment contracts may act as an employer.

An individual may enter into labor relations provided that he/she achieves labor legal capacity.

To enter into an employment relationship, an employee must have labor legal capacity, i.e. the ability not only to acquire specific rights and obligations in an employment relationship, but also to exercise these rights and obligations by their personal actions and be liable for their unlawful exercise.

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An employment relationship is a legal relationship between an employee and an employer in the process of fulfilling the duties assigned to him by the employee.

The employment relationship is a voluntary legal connection an employee with an employer, in which both parties in the production process are subject to the rules of internal labor regulations, labor legislation, collective and individual labor contracts.

The relations themselves have specific features: they proceed under conditions of subordination to the rules of the internal labor schedule; the employee is usually included in the labor collective.

Subjects of labor relations

Participants (subjects) of labor relations are employees and employers. The subject of an employment relationship can be a foreigner (both as an employee and as a representative of the employer), and an individual citizen who accepts an employee as a housekeeper, personal driver, gardener, etc. can also be an employer.

Objects of labor relations

The object of the labor relationship is the skills, abilities, abilities of the employee, which he proposes to use to the employer and which are of interest to the employer in the process of labor organized by him. It is for them that the employer is willing to pay wages. In market relations, the price of a worker, like any commodity, is determined by supply and demand.

Types of labor relations

They depend on the type of relevant relationship and the specific type of employment contract underlying the emergence and existence of this legal relationship. Therefore, in the same production, it is possible different types labor relations, since different types of employment contracts are possible (fixed-term, with an indefinite period, for the duration of seasonal work, part-time, etc.).

Of these, two specific species labor relations: in connection with part-time work; under a student agreement.

Their specificity is that part-time work creates a second labor relationship for the employee along with his main place of work. And the student legal relationship obliges the student, unlike other labor relations, not to work in the specialty, position, but to master this profession, specialty in the workplace. Then, after passing the qualifying exam, the student legal relationship is fully transformed into an employment legal relationship but of the received specialty or profession.

Main features:

1) are based on an agreement between the employee and the employer

2) involve the personal performance by the employee of a labor function for payment (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work assigned to the employee)

3) are based on the subordination of the employee to the rules of internal labor regulations

4) the employer provides the employee with the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, labor contract.

The performance of works and services is possible on the basis of not only an employment contract, but also a civil law contract (work contract, contract for the provision of services for a fee, contract for the performance of research and development work). In this regard, it is important to distinguish between the scope of labor and civil law.

The concept of "labor relations" was first enshrined in the Labor Code of the Russian Federation (Article 15). This concept emphasizes that an employment relationship necessarily arises on the basis of an agreement under which an employee assumes the obligation to perform a labor function for pay in the interests, under the management and control of the employer, subject to the internal labor regulations, and the employer undertakes to ensure the necessary conditions labor and wages.

At the same time, it was established that the conclusion of civil law contracts that actually regulate labor relations between an employee and an employer is not allowed - Part 2 of Art. 15 of the Labor Code of the Russian Federation, this norm is being developed in other norms, in particular Art. 19.1 of the Labor Code of the Russian Federation.

Obviously, the concept of "labor relationship" is generally accepted by the legislator (Article 15 of the Labor Code of the Russian Federation), since these concepts are united by the fact that the object of regulation is the conditions and remuneration of an employee - one side labor relations, and the other side is always the employer (natural or legal person) who is able to pay for the work of the employee and provide the necessary conditions for his work.

Attention should be paid to the following features characterizing the employment relationship: 1) its subjects are always the employee and the employer; 2) this legal relationship is inherent in a whole range of rights and obligations, i.e. a complex set of rights and obligations of its subjects: each of them acts in relation to the other both as an obligated and as an authorized person, and also bears a number of duties; 3) despite the complex set of rights and obligations, the employment relationship is unified; the combination of rights and obligations, isolated from the employment relationship, does not confirm the emergence of new types of legal relationships (for example, remuneration, disciplinary or liability), because the general concept duties are covered and responsibility for one's actions; four) the employment relationship is also distinguished by a continuing character, because the rights and obligations of the subjects are implemented systematically, through the performance by the employee of the labor function and other duties, subject to the established rules of the internal labor regulations and the employer's response to ensure working conditions and remuneration of the employee.

These features characterize the labor relationship, but it is also necessary to distinguish it from related legal relationships in the field of labor activity. Related legal relations include, first of all, civil law relations arising from work contracts, paid services, assignments, copyright agreements and other contracts in the field of labor activity.

Such a distinction is possible on the basis of the characteristic features inherent in the labor relationship.

• 1. The personal nature of the rights and obligations of an employee who is obliged by his labor to participate in the production or other activities of the employer, using his ability to work.
• 2. The employee is obliged to perform the labor function stipulated by the employment contract - work according to the position in accordance with the staff list, by profession, specialty, indicating qualifications; specific type of work assigned to the employee.
• 3. The performance by an employee of his labor function, carried out in conditions of collective (cooperative) labor, necessitates the subordination of the employee to the internal labor schedule established by the employer, following the orders and instructions of the employer (manager, director, etc.), endowed with disciplinary and directive power.
• 4. The reimbursable nature of an employment relationship is manifested in the systematic payment of a fixed salary to an employee at least twice a month. In this case, payment is made in accordance with the labor expended, carried out by the employee during the established working hours.
• 5. An employer using an employee's labor is obliged to create healthy and safe working conditions for him, to comply with labor legislation, including labor protection legislation.
• 6. A characteristic feature of an employment relationship is the right of each of the subjects to terminate it without any sanctions, but in compliance with the procedure established by law. In this case, the employer is obliged to warn the employee about the dismissal in the stipulated cases, as well as to pay severance pay and other compensation.

It should be noted that the concept of an employment relationship, given in Art. 15 of the Labor Code of the Russian Federation, fully complies with the ILO Recommendation "On the individual labor relationship", adopted by the General Conference of the ILO at the 95th session on June 15, 2006. This Recommendation recommends that member states in their legislative and regulatory legal acts or by other means provide for the possibility determination of specific features of an individual labor relationship.

These signs of an employment relationship can be used in law enforcement practice, including cases where a civil law contract is concluded between the parties, but in the process of judicial review it is established that the civil law contract regulates the labor relationship between the employee and the employer. The Labor Code of the Russian Federation provides that the provisions of labor legislation apply to such relations (part 4 of article 11, 19.1 of the Labor Code of the Russian Federation).

§ 2.2 Object and types of labor relations

The object of the labor relationship is the performance of a certain kind of work, characterized by a certain specialty, qualification position.

The characteristic of the object of the labor relationship is currently not unambiguous, since in labor relations the object is essentially inseparable from their material content (behavior of the obliged, etc.). The useful effect delivered by the employee (lecturing, etc.) can be consumed, as a rule, during the production process. And since in labor law wealth(objects) are practically inseparable from the labor activity of the employee, then the characteristic of the material content of labor relations exhausts the question of their object.

The material content of an employment relationship is understood as the actual behavior of its participants (subjects), which is ensured by subjective labor rights and obligations. The factual is always secondary and is subject to the legal (volitional) content of the labor relationship, which is formed by the subjective rights and obligations of their participants. The content of these rights and obligations is expressed in the legal possibility, within the boundaries established by law, to act, demand, claim, enjoy benefits, etc. and the obligation to satisfy the mutual interests and needs of other subjects.

Based on the unity of the material and legal (volitional) components, we can say that the subjective rights and obligations of employees included in the content of the labor legal relationship are realized and concretized statutory rights and obligations that make up the content legal status workers. These rights and obligations of the subjects of labor relations will be discussed in the next section of the work. There is a material interest in the results of labor activity, the satisfaction of the economic and social needs of the employee and the employer, the protection of the relevant labor rights of subjects.

Such a concept of labor relations seems to be broader, it includes the actual labor relationship between the employee and the employer and other social relations directly related to labor. Each of these legal relations differs in subjects, content, grounds for occurrence and termination.

The types of labor relations are determined by the subject of labor law, and among them are:

Legal relations to promote employment and employment;

Labor relations between the employee and the employer;

Legal relations on the organization of labor and labor management;

Legal relations on professional training, retraining and advanced training of employees;

Legal relations of trade unions with employers to protect the labor rights of employees;

Legal relations for supervision and control;

Legal relations on the material liability of the parties to the employment contract;

Legal relationship for permission labor disputes;

All types of legal relations can be divided into:

Basic (labor relations);

Related and organizational and managerial (on employment, organization and labor management);

Protective legal relations (on supervision and control, liability of the parties to the employment contract, resolution of labor disputes, compulsory social insurance).

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