The parties to the employment relationship are ... Who are the parties to the employment relationship and the employment contract?

Any employment relationship involves the interaction of the employer and the employee with the goal of creating a product or providing a service. Proceeding from the fact that the parties of labor relations are physical and legal persons with sometimes conflicting interests, the process of implementation of labor activity is regulated at the legislative level.

What is labor interaction?

In fact, the employment relationship (TO) - a list of rights and responsibilities of the employer and employee, which are documented (in the employment contract). Strictly speaking, all THAT can be called a dynamic social system, which is in a stable state for a very short time. As a rule, in practice, new rights and obligations may arise during the performance of labor activity, and some of them are able to fully or partially repay approved earlier. For this reason, when concluding a treaty or agreement, universal situations are taken into account and general language is used.

The parties to the employment relationship are (Civil Code of the Russian Federation Article 20) capable citizens who can carry out labor activity. The employer is both an individual (entrepreneur) and a legal entity (organization, enterprise, company). Its functions are the provision of work, the organization and management of labor.

An employee can be any person who is 14 years old. However, until adulthood, he will work on a special position, which provides for less workload and a more loyal attitude. At the age of 18, citizens can act as employees on general terms, unless they are subject to the special conditions described in the articles of the Labor Code (disabled people, beneficiaries, pensioners).

Basic rights of the employer

Within the framework of the TOR, the employer can conclude, change or terminate the employment contract concluded with the employees. He also has the right to engage in collective bargaining and the conclusion of collective agreements, the adoption of local regulations, the creation of associations (or participation in existing associations of employers). Given that the parties to labor relations are people hired to perform a particular job, and the ultimate goal of such interaction is the production of a product or the provision of services, the employer may require that his subordinates fulfill the following conditions:

• Conscientiously carried out labor functions.
• Treasured the property of the employer and other employees.
• Observe the rules established by the internal regulations.

Depending on how successfully employees cope with their functions, the employer may (but is not obliged to) introduce a system of incentives or provide disciplinary sanctions.

Obligations imposed on the employer

The main duty of any employer is compliance with labor legislation. Since the parties to the employment relationship are people who often do not have any other source of income other than the salary provided by the employer, the well-being and honesty of the employer depends on the well-being of their families.

In order to protect their interests, the state obliges entrepreneurs and company executives to fulfill the following conditions:

• Observance of collective agreements and agreements, as well as local regulations.
• Submission of the work described in the employment contract.
• Providing staff with tools, tools and tools that are necessary for the implementation of all labor functions.
• Ensuring the safety of labor in the conditions of production.
• Creation of conditions in workplaces that meet sanitary and hygienic standards.
• Care for ensuring the household needs of workers associated with the implementation of the labor process.
• Ensuring equal pay for the same period, and in no case lower than the level of remuneration that the law dictates.
• Timely payment of the accrued salary.

What else relates to the duties of the employer?

In addition to all of the above, the employer is obliged to conduct collective bargaining, to conclude collective agreements, to provide representatives of their employees with all the information that might be needed in the negotiations, and create conditions that allow workers to participate in the production management process.

The entrepreneur or the owner of the company must also take care of compulsory medical insurance for his subordinates, as well as compensation for material damage or moral damage to employees. This is necessary because the parties to the employment relationship are people who may be exposed to hazardous factors in the course of performing their job duties.

In addition, it is obvious that the employer fulfills the instructions issued by the state supervisory and control bodies and pay the fines imposed by them in a timely manner. Also, there should be no delays in examining submissions sent by trade union bodies or other representatives elected by employees. Typically, they are the subject of violations of law.

Of course, the list of rights and obligations of the employer, developed for those who are parties to the employment relationship and the employment contract, can not be relevant in all cases. In order to cover situations not covered by these provisions, the RF LC contains a clarification stating that the employer must ensure the performance of other duties that may be specified in labor contracts, regulations, collective agreements and agreements concluded with employees.

Who can be an employer (individuals)

In accordance with the law, to conclude employment contracts for the performance of any work, that is, the following categories of citizens can serve as labor providers:

1. Individual entrepreneurs who preferred not to create a legal entity. These include lawyers working in the offices, private notaries and others who are required to obtain a license to conduct their activities.
2. People who do not have the status of an individual entrepreneur, however, enter into labor contracts with employees to provide for their personal needs. In this case, the parties to the employment relationship are adults (from 18 years of age). There are situations stipulated in the Code, when both the employer and the employee may be under the age of 18.
3. If there is a need to hire employees to perform a number of specific jobs (personal service, housekeeping), then instead of incapacitated citizens or persons with limited legal capacity, the guardian or guardian takes the decision on hiring.

Rights of employers-entrepreneurs

Individual entrepreneurs can recruit employees from the moment they are registered until the time of termination.

Today, thanks to changes in the Labor Code, the rights of employers who are legal entities and those registered as physical persons are practically equal. Fizlitsa can participate in collective bargaining, conclude contracts and agreements, they are allowed to adopt regulations and keep records in the work books of hired personnel.

Employment of employees by individuals

Employers who are not entrepreneurs, despite the possibility of concluding employment contracts to provide personal services, are not endowed with the rights listed above (negotiation, conclusion of collective agreements, entry of entries in the work book).

However, they must necessarily register the concluded agreement with the local government. When the labor relations are terminated, the employer is obliged within a month to notify local self-government about this.

Features of registration of technical support for enterprises

When the parties to an employment relationship are an employee and an employer-legal entity, their interaction is subject to much more strict control.

All organizational and legal forms of enterprises and institutions are subject to regulation: state, municipal, private, public. At the same time, those organizations that are created by foreign entities fall under the scope of the RF LC.

Sometimes an enterprise can not start hiring employees immediately after entering the State Register, as the equipment of jobs in accordance with the requirement of safety and hygiene may take some time.

In addition, organizations need to first open an account with the bank and form a wage fund.

The role of the head of the enterprise in the process of registration of labor relations

When hiring employees by an enterprise or organization, the parties to the employment relationship may be directly employee and director, head or manager of the company.

In this case, the employer receives the status of a special subject of labor law. In his work there are such features:

• The position of the head allows him to represent the interests of his employer without having to issue a power of attorney. This person is engaged in the performance of such functions as the conclusion of employment contracts, their modification and termination. Also, he has the same rights and duties as the employer, including he can encourage employees or impose disciplinary sanctions on them.

• Along with this, the status of the head, if he is not the owner of the property, is defined as an employee. Here, the parties to the employment relationship are the employee (manager) and the owner of the enterprise. This means that they conclude an employment contract that determines the performance of specific labor functions. In addition, from this point of view, the manager becomes a member of the state and receives the same rights and duties as other employees of the company. Being a subject of labor law, the head has some limitations of his labor rights (such as the possibility of termination of the contract at the initiative of the owner before the expiration of its term).

What should I know about hiring minors?

Along with adults and people with legal capacity, who rarely find additional questions when they are employed, the adolescents can also be parties to labor relations. Here everything is not so unambiguous, because the work of young boys and girls should not harm their physical or mental health.

Most often, the parties to employment relationships are owners of institutions such as cafes, car washes, retailers (employers) and adolescents from 14 to 16 years (employees).

The rights of hired personnel are similar to those enjoyed by all other categories, and duties include conscientious performance of their functions, careful attitude to property and compliance with safety rules.

Duration of the working week for adolescents

Given the lower capacity for work of young people, their working week is much shorter than usual:

• For those who are less than sixteen years old - 24 hours a week.
• From sixteen to eighteen years - 36-40 hours a week.
• If a teenager under the age of sixteen is studying, his workload can not be higher than a twelve-hour work week.

What kind of work can not be entrusted to under-age workers?

Teenagers can not be attracted to doing heavy, nightly or underground work. They can not be recruited if there is a risk of exposure to harmful and toxic substances.

Also, to protect moral development, young people are forbidden to give tasks related to the transportation or sale of products of erotic content and alcohol. It is forbidden to hire teenagers to work in nightclubs and playgrounds.

Conclusion

The information outlined fairly broadly defines who is the parties to the employment relationship. In the work activity there are many subtleties and nuances, therefore each specific situation requires an individual approach.