Responsibility for violation of labor legislation by the employer and employee

The problem posed in the title of the article represents a special urgent issue, because it concerns a huge number of citizens who in their daily lives are constantly linked by labor legal relationships. Responsibility for violation of labor legislation comes in the sphere of action of all its branches. It is borne by the individuals themselves, who in this system of legal relations act primarily as hired workers, as well as legal entities representing employers.

More specifically, the law in force in the country refers to persons who can be held accountable for violations of the requirements of the LC RF. They include:

• Specifically employer;
• Representatives of managing structures of the enterprise of the employer who are heads of structural divisions;
• Employees of the personnel service or persons performing duties of the employee of the personnel body;
• Legal advisers.

The specified persons can be involved in various kinds of responsibility. Moreover, it should be borne in mind that the fact of being involved in one of these types of responsibility does not exclude the possibility of liability in another form. For example, unlawful dismissal requires not only compensation for damages that an employee will incur from an unemployed condition, but also presupposes a measure such as compensation for moral damage.

However, as practice shows, the main violations of labor law, which can be brought to justice legal entities, are limited to measures of a predominantly material and administrative nature.

True, violation of labor laws by the employer may entail the application of civil law measures. Suppose that such subsidiary (additional) liability occurs in the event of bankruptcy of an enterprise with the existing debts for various payments, especially for salary payments.

Criminal responsibility comes when establishing an unreasonable refusal to hire a woman , dismissing a pregnant woman and justifying dismissal by this fact, as well as deliberately unlawful dismissal, committed intentionally.

It is stipulated that the responsibility for violation of labor legislation is based on the definition of the category "official". As such, the law is understood by a certain individual who performs organizational and administrative functions and makes managerial decisions regarding employees who are at least temporarily subordinated to him. The law is also applied to such persons by an "authorized official".

The Customs Code of the Russian Federation stipulates differences in the legal status of an official and an authorized official.

The material responsibility of these categories is:

• In payment - with forced absence of the employee - average earnings (including, with unreasonable transfer to lower-paid work), for all his time;
• In the need to reimburse the earnings in a multiple amount;
• In compensation (in case of recognition of such fact by the court), moral harm.

Employees, in addition to the disciplinary ones themselves, also bear financial responsibility for violation of labor legislation. Damage to it, regardless of the size and time, can be repaid voluntarily.

Depending on the nature of the liability, the following types are singled out: coming after the consideration of labor disputes, or, coming on the basis of the audit results.

Control over the implementation of legislation in the sphere of labor relations is vested in the relevant supervisory bodies, including prosecutors and first instance courts. Procuratorial supervision solves the problem of how much the responsibility for violation of labor legislation is able to effectively influence the economic activities of enterprises.