The concept and content of labor relations. The concept and structure of an employment relationship

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The concept of labor, legal relationship. An employment legal relationship is a legal relationship on the use of the labor of a citizen as an employee who has entered into an employment contract at an enterprise, institution, organization. The employer can be individual. The status of the employer is regulated by labor law. The parties are endowed with powers and obligations, the fulfillment of which is ensured by the possibility of using coercive force of the state. The employment relationship is characterized by a specific subject composition. Each party has special rights and obligations. The basis for its occurrence is an employment contract (as a single act or in combination with other legal acts).

Thus, an employment relationship can be defined as a social relationship, regulated by labor law, that develops between an employee and an employer (enterprise, institution, organization, and also an individual), by virtue of which one party (employee) is obliged to perform work in a certain specialty, qualification or position, obey the internal labor regulations, and the employer undertakes to pay the employee wages and ensure the working conditions provided for by law, collective agreement and by agreement of the parties.

With the help of the features indicated in the definition, labor law relations can be distinguished from other similar (also labor-related) legal relations, for example, from civil ones. The latter arise between the same persons, but in connection not with the labor process, but only with its result. As a result, the obligations of subjects in civil legal relations (under a work contract, assignment, author's contract) are of a different nature than in labor relations. Neither the measure nor the mode of labor is regulated here (unlike employment contract), and the performer is only obliged to present the result of labor stipulated by the contract.

Labor relations, i.e. relations regulated by labor legislation should be distinguished from relations arising from membership in corporate organizations(partnerships, cooperatives). The latter are complex, including not only labor, but also elements of property, organizational (maybe land) relations, while the former are employment relations. work force. Any organization, regardless of the form of ownership, can accept an employee, conclude an employment contract with him and thereby “bring” the parties under the labor law. Membership relationships, even if executed labor function(i.e. the existence of labor relations) are currently regulated not only by labor legislation, but also by the charters and constituent documents of the relevant organizations and civil law.

By their legal nature, labor relations are complex. Unlike simple ones, they include a number of powers and corresponding duties and can be divided into separate simple ones, for example, into the legal relationship for wages, working hours and rest time. In each of them, the separate authority of the subject corresponds to the obligation of the other party, for example, the right of the employee to wages corresponds to the obligation of the employer to pay it to the employee.

The content of the employment relationship constitute the rights and obligations of its subjects (employees and employers). In contrast to the basic (statutory) rights that make up the content of the labor and legal status of citizens, enshrined in Art. 2 Labor Code of the Russian Federation and considered in Ch. IV, subjective rights and obligations in a legal relationship represent the realization of fundamental rights and obligations, which are specified in separate labor relations. So, the statutory right of a citizen to rest in a specific legal relationship means the right to establish a specific length of working time, a specific mode of work - five or six days. working week and a certain duration of vacation for this employee.

The main responsibilities of the employee are also specified. The provisions of Art. 2 of the Labor Code of the Russian Federation are concretized and detailed in Art. 127 of the Labor Code of the Russian Federation, further - in the internal labor regulations, job descriptions (for employees) and tariff and qualification reference books (for workers), and in some industries - in the charters on discipline. Internal labor regulations are developed at enterprises and institutions. They usually include the following duties of employees:

work honestly and conscientiously, timely and accurately execute the orders of the administration, use all working time for productive work, to refrain from actions that prevent other employees from performing their job duties;

increase labor productivity, timely and carefully fulfill production standards and normalized production tasks;

improve the quality of work and products, avoid omissions and defects in work, observe technological discipline;

comply with the requirements for labor protection, safety, industrial sanitation, occupational health and fire protection, provided for by the relevant rules and instructions, work in the issued overalls, safety shoes, use the necessary personal protective equipment;

take measures to immediately eliminate the causes and conditions that impede the normal production of work (downtime, accident) or impede it, and immediately report the incident to the administration;

observe the established procedure for storing material assets and documents;

protect property, efficiently use machines, machine tools and other equipment, take care of tools, measuring instruments, overalls and other items issued for use by employees, economically and rationally use raw materials, materials, energy, fuel and other material resources;

behave with dignity, follow all the rules of the hostel.

Even more specific terms of reference (already taking into account the labor function) are established by the Unified Tariff and Qualification Directory of Works and Professions of Workers *, the qualification directory of positions of managers, specialists and employees, as well as technical rules and job descriptions.

* See: Bulletin of the USSR State Committee for Labor. 1985. No. 6. S. 7; 1989. No. 1. S. 8.

The content of labor relations, along with the subjective rights and obligations of employees, includes the subjective rights and obligations of organizations (enterprises and institutions). At the same time, they correspond to each other, i.e. The rights of one subject correspond to the duties of another and vice versa. For example, the right of an employee to create healthy and safe working conditions corresponds to the obligation of the employer to provide these conditions, etc.

At the same time, the administration, as an organ of an enterprise, institution, organization, must also fulfill special duties. In accordance with Art. 129 of the Labor Code of the Russian Federation, it is obliged to properly organize the work of workers, create conditions for the growth of labor productivity, ensure labor and production discipline, steadily comply with labor legislation and labor protection rules, be attentive to the needs and requests of workers, improve their working and living conditions.

In addition, the legislator also imposes on the administration the responsibility to ensure normal conditions work to meet production standards (Article 108 of the Labor Code of the Russian Federation). These conditions are:

1) good condition of machines, machine tools and devices;

2) timely provision of technical documentation;

3) proper quality of materials and tools necessary for the performance of work, and their timely submission;

4) timely supply of production with electricity, gas and other sources of energy supply;

5) safe and healthy conditions (compliance with safety rules and regulations, necessary lighting, heating, ventilation, elimination of the harmful effects of noise, radiation, vibration and other factors that adversely affect the health of workers, etc.).

In the charters and regulations of organizations, collective agreements and agreements, as well as in labor contracts, other duties of the administration may be fixed.

Grounds for the emergence, change and termination of labor relations. The circumstances with which the legislation connects the emergence, change or termination of legal relations, including labor relations, are called legal facts (or the grounds for their occurrence, change or termination). So, the basis for the emergence of an employment relationship is usually an employment contract, a bilateral act - an agreement of one party to go to work, and the other to accept this employee.

But there may be cases when an employment relationship arises from a complex legal fact (actual composition); including, in addition to the employment contract, also an administrative-legal act - an act of a government body on assignment to work, for example, on the basis of quotas *. At present, the solution of the question of the way in which work is entrusted to the position of the head of an organization (enterprise, institution) depends, as a rule, on the form of ownership on the basis of which it was created. So, in joint-stock companies, labor relations with the sole executive body of the company, as well as with each of the members of the collegial executive body of the company, are concluded after their election by the general meeting **.

* Cm. : Recommendations on job quotas at enterprises, institutions, organizations for persons in special need of social protection, approved by the Decree of the Ministry of Labor of the Russian Federation of February 6, 1995 // Bulletin of the Ministry of Labor of the Russian Federation. 1995. No. Z.S. eleven.

** Cm. : Art. 67 of the Federal Law "On Joint Stock Companies".

But even in an organization with a state or municipal form of ownership, special regulations may establish a competitive selection of employees, involving their election to a position. So, with a person elected by competition by the academic council at a university, the head (rector) on behalf of the university (faculty) concludes an employment contract, provided that an appropriate order (management act) was previously issued to approve the decision of the council and on the competitive election of the person. Thus, the actual composition that gives rise to an employment relationship includes the following facts:

a) a competition culminating in the decision of the Academic Council on the selection of the applicant, i.e. the act of election;

b) the order of the head on the approval of the academic council, which has been given legal force;

c) the conclusion of an employment contract with the chosen one, in which, by agreement of the parties, working conditions are determined *.

* See: paragraph 2 of Art. 20 of the Federal Law of August 22, 1996 "On higher and postgraduate vocational education» // SZ RF. 1996. No. 35. Art. 4135.

Competitive selection has also been established to fill some positions in the civil service.

Admission to certain vacant public positions in the civil service is preceded by a competition held by the relevant competitive (state) commission, by decision of which an employment contract is concluded with a person elected through a competition. There is also a decision of the competition commission, an act of appointment to a position on the basis of a decision on the competition and an employment contract *.

* Cm. : Clause 3, Article 4 and Clause 6, 7 of Art. 21 and 22 of the Federal Law of July 31, 1995 "On the fundamentals of public service Russian Federation» ; Art. 17 Regulations on holding a competition for filling a vacant public office federal public service // SZ RF. 1996. No. 18. Art. 2115.

For some executives of state enterprises and institutions included in the nomenclature of a higher management body, the procedure for approval in a position by this body has been established. Thus, here, too, labor relations arise from two acts: an employment contract and an administrative-legal act.

The legal facts associated with a change in labor relations necessarily include an agreement of the parties, or rather, if the initiative comes from the administration, then in the vast majority of cases, the consent of the employee is required (the only exception is transfer to another job due to production needs and downtime). If the initiative comes from the employee, then the consent of the administration is required, with the exception of a few cases when the requirements of the employee must be satisfied unconditionally (for a pregnant woman in accordance with a medical report, as well as for a woman with a child under the age of one and a half years, if it is impossible to fulfill the previous work - article 164 of the Labor Code of the Russian Federation).

The basis for the termination of labor relations can be both the agreement of the parties, and the unilateral will of each of them. However, if no legal facts are required for the employee (the exception is the conclusion of an agreement for a certain period), then a clear list of grounds has been established for the administration under which the employment relationship can be terminated. The grounds for termination may also be individual legal facts (also listed in the law), when the termination initiative belongs to the so-called third party who is not a party to the employment relationship. These are conscription or entry into military service, sentencing by a court if a criminal sanction excludes the possibility of continuing to work, and the requirements of the trade union body (not lower than the district level) in relation to certain senior employees in order to protect the interests labor collective of this enterprise or institution (clauses 3, 7, article 29, article 37 of the Labor Code of the Russian Federation).

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An employment relationship is a legal relationship based on an agreement between an employee and an employer, according to which

to which one party (employee) undertakes to personally perform a certain labor function (work in a certain specialty, qualification or position), obeying the internal labor regulations established by the employer, and the other party (employer) undertakes to provide the employee with the work stipulated by the employment contract, to ensure appropriate working conditions for him as well as timely payment of the work of the employee.

The elements of an employment relationship are its object, subjects (parties) and content, i.e. subjective rights and obligations of the parties.

The object of the labor relationship is the labor function performed by the employee, paid by the employer.

The subjects of an employment relationship are the employee and the employer. An employee is an individual who has entered into an employment relationship with an employer. The employer is an individual or 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. Both citizens of the Russian Federation and foreign citizens, as well as stateless persons (stateless persons) can act as employees. On the side of the employer, individuals or legal entities (organizations) participate in labor relations.

Subjective law is a measure of the possible behavior of a subject of law provided by law. Duty is a measure of proper behavior of the subject of law. Subjective rights and obligations constitute the content of the legal relationship.

The basis for the emergence of labor relations are the norms contained in the sources of labor law, and legal facts.

Legal facts are real life circumstances with which the norms of objective law associate the establishment, change or termination of subjective rights and obligations (legal relations).

The most common basis for the emergence of labor relations is an employment contract. But sometimes it is necessary to have some other facts, that is, a legal composition is necessary, the elements of which are an employment contract and other facts that serve as grounds for its conclusion. Such legal facts of the Labor Code of the Russian Federation include: -

election (elections) to office; -

election by competition to fill the relevant position; -

appointment to a position or confirmation in a position; -

Job placement by legally authorized bodies on account of the established quota (such quotas may be established for the employment of persons with disabilities, as well as underage orphans and children left without parental care); -

court decision on the conclusion of an employment contract.

The concept of labor relations

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.

Employment relationship- this is a voluntary legal relationship between an employee and an employer, in which both parties in the production process are subject to labor legislation, collective and individual labor contracts.

Relationships themselves have specific features:

proceed in conditions of subordination to the rules of internal labor regulations;
the worker is usually included in the .

Participants (subjects) of labor relations are workers 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 skills, abilities, skills, which he proposes to use to the employer and which are of interest to the employer in the process organized by him. It is for them that the employer is willing to pay. In market relations, the price of an employee, like any commodity, is determined.

Types of labor relations

They depend on the type of relevant relationship and the specific 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 types of labor relations are distinguished:

in connection with part-time work;
under a student agreement.

Their specificity is that part-time work creates a second employment relationship for the employee along with his main place of work. BUT student relationship obliges the student, unlike other labor relations, not to work in the specialty, position, but to master this 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.

Features of labor relations

A distinctive feature of labor relations is that labor relations are personal, i.e., with the development of the freedom of the labor contract, the individualization of the labor relations of the employee develops.

Another feature is that these relationships are built on compensated started, associated with mandatory remuneration for work in the form of wages.

The third feature is that labor relations are of a continuous nature i.e. they do not stop after the employee performs a certain labor task, but is associated with the performance of a certain labor function by him (work by position in accordance with staffing, professions, specialties indicating qualifications; or specifying the type of work assigned to the employee) - Art. 15 of the Labor Code of the Russian Federation.

Legislation establishes that labor relations are based on the certainty and stability of the employee's labor function, and prohibits the employer from requiring the employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation).

Both an employment contract and an employment relationship arising from it are always mutual and bilateral.

Both parties to the employment relationship have the right to demand that the other subject fulfill his/her labor obligations to the filed relationship.

Since the employer has the right to disciplinary power, he himself can punish the employee if he fails to fulfill his duties in accordance with labor legislation, bring him to disciplinary and liability, and both parties can resort to the coercive power of the state. This characterizes the volitional content of labor relations, which is supported by labor law norms that provide normal, safe, appropriate pay, compensation for harm (damage), the possibility of dismissal, etc.

The emergence, change and termination of labor relations

, determining the emergence, change and termination of labor relations, usually associated with the moment of conclusion, change and termination(Article 16 of the Labor Code of the Russian Federation). But it should be noted that these legal facts do not always represent a kind of action (hiring and dismissal of an employee), sometimes these are circumstances that are in the nature of events (the death of an employee, extraordinary circumstances, etc.). In addition, often legal facts may provide participants with an alternative choice (for example, grounds for dismissal) or have a complex composition that includes several circumstances together (for example, the existence of guilt, the wrongfulness of the act, the existence of damage and the causal relationship of wrongful guilty behavior and material damage).

The basis for the emergence An employment relationship is usually considered an employment contract. For employees holding elective positions, the basis for the emergence of their labor relations is the fact of being elected to this position. For some categories of workers, the basis for the emergence of labor relations is a complex set of legal facts, when, in addition to an employment contract, it is preceded or followed by some kind of legal fact. So, for persons accepted by competition, the conclusion of an employment contract should be preceded by their election by competition for this position. The complex composition of the emergence of labor relations in 14-year-olds, when the employment contract must be preceded by the consent of the parents.

The fact of the emergence of an employment relationship can be actual work permit even if the hiring was not properly processed.

Change of labor relations may be due to lawful action. Changes will be considered the circumstances specified in Chapter 12 of the Labor Code of the Russian Federation.

The employment relationship is terminated the fact of termination of the employment contract on the grounds provided for by law (Chapter 13 of the Labor Code of the Russian Federation).

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Ministry of Education and Science of the Russian Federation

Federal Agency for Education

State Educational Institution

Higher professional education

"Komsomolsk-on-Amur State

Technical University"

Department of Jurisprudence

Specialty "Jurisprudence" - 030500

COURSE WORK

in the discipline "Labor Law"

Topic: "Labor relationship»

Student gr. 7YuR4d-1N

A.L. Kolesnikov

Teacher G. P. Mingaleva

Introduction

2. Grounds for the emergence, change and termination of labor

Conclusion

List of sources used

Introduction

The relevance of the chosen topic is due to the fact that in the system of legal relations the main thing is the labor legal relationship as linking all other types of legal relations. The basis for the emergence of an employment relationship is such a legal act as an employment contract concluded between an employee and an employer.

Entering into labor relations, employers and employees defend their own interests that do not coincide with the interests of the other party to the employment contract. The discrepancy, and sometimes the opposite (antagonism) of the interests of employers and employees in the process of implementation labor activity are the objective basis for the emergence of conflicts over the establishment and change of working conditions, the application of legislation and other regulatory legal acts, labor agreements.

The causes of conflicts can be subjective factors: unwillingness of the employer to comply with the requirements of the current legislation, misunderstanding and interpretation of the law, etc.

The relevance of the topic of this study is also determined by the fact that the rapid development of modern market civil turnover and, as a result, the improvement of the mechanism of labor and directly related relations require adequate legal regulation. In many ways, this was facilitated by the entry into force on February 1, 2002 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), in Article 15 of which the legislator for the first time fixed the legal definition of labor relations.

The study of labor relations within the framework of labor law was carried out by such legal scholars as V. N. Tolkunova, V. I. Mironov and others. L. S. Tal, L. Ya. , B. R. Korabelnikov, E. N. Bondarenko and others, considered the issue of the concept, properties and specifics of the labor relationship.

Object of study: legal relations in the field of labor law.

Subject of study: labor relations.

The purpose of the study: to consider the grounds for the emergence, change and termination of labor relations and features that allow them to be distinguished from civil law relations related to the use of labor.

To achieve this goal, it is necessary to solve the following tasks:

1 To study the scientific and regulatory literature on the research problem.

2 Consider the concept of an employment relationship and features that make it possible to distinguish between other similar types of legal relationship.

3 Determine the main content of the employment relationship.

4 Consider the grounds for the emergence, change and termination of labor relations.

Research methods: study and analysis of legislation and scientific literature on the research issue.

The course work consists of an introduction, two main chapters, a conclusion and a list of sources used.

1. Labor relationship and its features

1.1 The concept of an employment relationship

employment relationship civil

O. V. Smirnov gives the following definition of labor relations: “an employment relationship is legal form expressions of the social and labor relations that develop in the labor market between the employee and the employer, according to which one side (the employee), being included in the labor collective of the organization, is obliged to perform a certain kind of work subject to the internal labor regulations established there, and the other side (the employer) - provide the employee with work in accordance with the specialty, qualification or position stipulated by the agreement (contract), pay for his work and create working conditions favorable for the health and development of the individual.

According to Art. fifteen Labor Code RF (hereinafter referred to as the Labor Code of the Russian Federation) labor relations are relations based on an agreement between an employee and an employer on the personal performance by an employee of a labor function for a fee (work according to a position in accordance with the staff list, profession, specialty, indicating qualifications, a specific type of work assigned), subordination of the employee to the rules of the internal labor regulations when the employer ensures the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract.

The employment relationship has characteristic features inherent in it.

In conditions collective labor For employees, a given employer (in an organization) has various social relations that are regulated by such social norms as traditions, customs, moral standards, charter (regulations) on public associations, etc.

In contrast to these social relations, the labor relation, regulated by the norms of labor law, is a legal relation on the use of the labor of a citizen (natural person) as an employee. The latter is opposed by the employer, which can be both a legal entity (organization) and an individual - individual entrepreneur or a citizen entering into labor relations with an employee using his labor. Thus, the subjects of the labor relationship are the employee and the employer.

The next feature of the labor relationship is the complex composition of the rights and obligations of its subjects, which is manifested as follows. First, each of the subjects acts in relation to the other both as an obligated and as an authorized person; in addition, each of them has not one, but several duties to the other. Secondly, for some obligations of the employer, he is responsible himself, for others - the responsibility may come from the manager acting on behalf of the employer as a management body, or they may bear simultaneously, but different liability (for example, if the employer fails to pay wages, material liability, and the head (director) may be subject to disciplinary or administrative or criminal liability).

Based on the fact that the duties of one subject of the legal relationship correspond (correspond) to the rights of another and vice versa, it is obvious that a complex of mutual rights and obligations is inherent in the labor relationship. This feature is associated with another feature of the labor relationship: it covers the entire complex of mutual rights and obligations of subjects in an inseparable unity, i.e., despite the complex composition of rights and obligations, the labor relationship is a single legal relationship.

In the science of labor law, there are positions of scientists who defend the independence of legal relations on the material liability of employees and employers as related to labor relations. Attempts to destroy this integrity, to snatch separate combinations of rights and obligations from an inextricable complex do not indicate the emergence of new types of legal relations (disciplinary or material liability), but lead to the “splitting” of a single complex labor legal relationship.

And finally, a feature of the employment relationship is its continuing nature. In an employment relationship, the rights and obligations of subjects are implemented not by one-time actions, but systematically or periodically by performing those actions that are necessary during the established working hours (working day, shift, week, month, etc.). The performance of a labor function by an employee, subject to the rules of internal labor regulations, after a certain time (two weeks) causes response actions of another subject. There is the right of the employee to receive payment for his work and the obligation of the employer to pay the corresponding wages. This does not mean the constant emergence of new "types" of legal relations, but indicates the continuing nature of a single labor relationship and the constant implementation of the rights and obligations of its subjects.

Only for cognitive purposes, its elementary connections are distinguished from the labor legal relationship, but one should not forget about all of its above features, including the complex nature of the rights and obligations of the subjects of this legal relationship.

The employment relationship is not some kind of abstraction, in real life labor relations have a very specific embodiment. In a specific case, each citizen (individual) who has concluded an employment contract has an individual labor relationship with a specific employer, which is related to labor activity. However, it must be borne in mind that persons who have entered into civil law contracts (contracts, assignments, paid provision services, copyright agreement, etc.). For the first time in the Labor Code of the Russian Federation in Art. 15, the definition of an employment relationship is fixed, which makes it possible to distinguish it from related legal relations arising from these civil law contracts. The definition of an employment relationship establishes the obligatory nature of an agreement between the employee and the employer on the personal performance by the employee of a labor function for a fee, subject to the rules of the internal labor regulations, under the guidance of the employer, providing the necessary conditions and remuneration of the employee. We can say that the object of regulation in this case is living labor, its conditions and wages.

Thus, the characteristic features of an employment relationship, which make it possible to distinguish it from related, including civil law relations, include the following.

The personal nature of the rights and obligations of an employee who is obliged personally to participate in the production or other activities of the organization (employer) only by his work. 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 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.

· The employee is obliged to perform a certain, predetermined labor function (work in a certain specialty, qualification or position), and 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, i.e. performance of work is only a way of fulfilling an obligation.

· 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 legal relationship to the internal labor regulations adopted by the employer (organization) in the manner prescribed by law. The performance of a labor function and the related subordination to the internal labor regulations means the inclusion of citizens in the team of workers (staff) of a given employer (organization).

All three of these features constitute the characteristic features of the work of a citizen as an employee, in contrast to the subject of a civil law relationship. At the same time, as is known, a single and complex labor relationship combines both coordination and subordination ties, 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 of civil law.

The reimbursable nature of the employment relationship is manifested in the response actions of the employer (organization), which is obliged to pay wages for the performance of work, usually 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.

A characteristic feature of the labor 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 labor legislation.

1.2 Subjects of an employment relationship

The subjects of an employment relationship are the employee (natural person) and the employer. It is well known that the subject of law is a person recognized by law as capable of entering into a legal relationship and acquiring (be a bearer of) rights and obligations. This is due to such qualities inherent in a person as legal capacity and legal capacity.

An employee is a mandatory subject of an employment relationship. Without it, this legal relationship simply cannot exist.

The Constitution of the Russian Federation in Art. 37 enshrined the right of everyone to dispose of their abilities to work, to choose the type of activity and profession. Any living labor requires a person's personal volitional activity and is associated with the use of his abilities for work (labor force). Only he himself has the right to dispose of these abilities and realize them, labor duties cannot be carried out through representatives and must be performed by himself. Consequently, for an individual, legal capacity and legal capacity are inextricably linked and arise simultaneously, i.e. this person is recognized as legally capable and capable at the same time. This unity is defined by the concept of "labor legal capacity", or "labor legal personality". Employment legal personality is the unified ability of an individual to be the subject of an employment relationship (as well as some other related legal relationships). Labor personality is characterized by age and strong-willed criteria.

Unlike civil legal capacity that arises from the moment of birth, labor legal personality is timed by law to reach a certain age, namely 16 years. In the case of receiving a basic general education or leaving a general education institution, in accordance with federal law, 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 to perform light labor, not violating the learning process, in their free time from study with the consent of one of the parents (guardian, custodian) and the guardianship and guardianship authority. In organizations of cinematography, theatrical, and other creative organizations, it is allowed, with the consent of one of the parents (guardian, trustee) and the body of guardianship and guardianship, to conclude an employment contract with persons under 14 years of age to participate in the creation and (or) performance of works without prejudice to their health and moral development.

The age criterion of labor legal personality is connected with the fact that from that time on a person becomes capable of systematic work, which is enshrined in law. Based on those physiological features that are characteristic of the body of a teenager, persons under the age of 18 are prohibited from working in hazardous and hazardous conditions, for them, benefits are established in the field of labor protection. They are also prohibited from performing work that may harm their health and moral development (gambling, work in a night cabaret, etc.)

Along with age, labor legal personality is characterized by a volitional criterion, which is associated with the actual ability of a person to work (work capacity). Usually, work capacity is considered as physical and mental ability to work, which, however, cannot limit equal employment legal personality for all. Even persons recognized as disabled and unable to perform this work, on the recommendation of the relevant medical authorities, may participate in other types of work. In the same way, mentally ill people who have retained the ability to work have labor legal personality, except in cases where, due to illness, they have completely lost their ability to work (for example, they are not able to balance their actions with the actions of others, they cannot reasonably express their will, etc.) . If they have labor legal personality, they can enter into an employment relationship and be its subject.

Thus, labor legal 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, race, nationality or property status, the presence or absence of registration at the place of residence, or attitude to religion and other circumstances should not be discriminatory in the sphere of labor.

Discrimination is prohibited by the Constitution of the Russian Federation, as is forced labor. This provision is reflected in labor legislation at the level of the basic principles of labor law, enshrined in Art. 2 of the Labor Code of the Russian Federation, which are disclosed in Art. 3 of the Labor Code of the Russian Federation, which prohibits discrimination in the sphere of labor, and in Art. 4 of the Labor Code of the Russian Federation, which prohibits forced labor.

The prohibition of discrimination in the sphere of labor is based on the fact that everyone has equal opportunities to exercise their labor rights. No one may be limited in labor rights and freedoms or receive any benefits depending on circumstances not related to his business qualities as an employee. Article 64 of the Labor Code of the Russian Federation prohibits an unreasonable refusal to conclude an employment contract. Discrimination is prohibited when establishing and changing the conditions of remuneration, etc.

However, differences, exclusions or preferences, as well as restrictions, which are determined by the need to have appropriate training for certain types of work, are not discrimination. If the training (specialty, qualification) of persons does not meet the requirements for working as a doctor, economist, teacher, lawyer, etc., then they cannot be hired to fill these positions. In addition, certain differences or preferences in employment are due to special care for persons in need of increased social and legal protection from the state. These include young people under the age of 18, disabled people (persons who have partially lost their ability to work), women in connection with the birth of a child, etc.

It should be borne in mind that equal employment legal personality for all is limited only by a court verdict, if this individual is deprived of the right to hold certain positions or engage in certain professional or other activities (for a period of one to five years, if this is the main type of punishment, and from six months to three years as an additional punishment under Article 47 of the Criminal Code). In accordance with Art. 3.11 of the Code of Administrative Offenses, persons to whom such a measure of administrative responsibility as disqualification has been applied by the court, within the prescribed period (from six months to three years) are deprived of the right to hold senior positions in the executive body of a legal entity, to be a member of the board of directors, the supervisory board, etc. .

Legally established boundaries (limits) of labor legal personality are possible, for example, foreign citizens and stateless persons, the Constitution of the Russian Federation allows only Russian citizens to take part in managing the affairs of the state, to participate in the administration of justice. Thus, the Law on the Legal Status of Foreign Citizens establishes a ban for foreign citizens to be in state or municipal service or be a member of the crew of a military ship of the Russian Federation or the commander of a civil aviation aircraft. They are prohibited from holding positions as part of the crew of a ship sailing under State flag of the Russian Federation (in accordance with the restrictions stipulated by the Code of Merchant Shipping of the Russian Federation), and to be employed at facilities and organizations whose activities are related to ensuring the security of the Russian Federation. In addition, federal law may restrict the admission of foreign citizens to fill other positions or engage in other activities.

Thus, the equal labor legal personality of individuals (citizens) cannot be limited by anything other than federal law or a court verdict. An individual who has entered into an employment relationship with an employer on the basis of an employment contract acquires the legal status of an employee as a participant in this legal relationship. In the Labor Code of the Russian Federation, an employee is defined as an individual who has entered into an employment relationship with an employer.

In addition to labor legal personality, an individual (citizen) is also characterized by a legal status. The main legal status is understood as a set of rights, freedoms and obligations of an individual, enshrined in norms, primarily constitutional law. Consequently, the constitutional (basic) legal status fixes in full the rights, freedoms and duties of a person and a citizen in the Russian Federation.

The legal status of an individual (citizen) in the sphere of relations regulated by the norms of labor law is determined by the fundamental rights, freedoms and obligations enshrined in the Constitution of the Russian Federation and Art. 21 of the Labor Code of the Russian Federation. These fundamental rights and obligations, unlike others, are called "statutory", they are developed in the subjective rights and obligations that make up the content of specific labor relations. The legal status of a citizen in the sphere of labor is supplemented by guarantees of his rights and liability for guilty failure to perform or improper performance of his labor duties, together with labor legal personality, constitutes the legal status of an employee. This status is also called labor law status.

As already mentioned, one of the subjects (participants) of the labor relationship is the employer. To identify the employer as the subject of this type of legal relationship, first of all, an economic criterion is used. It allows you to clarify whether a given person (natural or legal) is involved as an entrepreneur, i.e. whether the determining factors of its production and activities are systematic profit, investment, risk, risk of loss, etc. Activities that determine the presence of investments, expenses, possible losses, profit that may result from the implementation of work using the labor of workers - all this is evidence that the entrepreneur (owner) acts as an employer.

The labor of workers can be used various enterprises, organizations and institutions - legal entities in all spheres of human activity, in connection with which these enterprises, organizations and institutions also act as employers.

Various commercial and non-commercial organizations operate in civil circulation - legal entities, as well as individual entrepreneurs (not legal entities) who can use the labor of employees and, accordingly, have the status of an employer, act as a subject of an employment relationship with employees.

From the position of employees, any organization as a legal entity (regardless of its organizational legal form), as well as an individual entrepreneur, are of interest when they are able to satisfy the supply of workers in the labor market (labor force). These organizations (legal entities) and an individual entrepreneur act as employers if, experiencing a demand for labor, they have, maintain and open new jobs for which they hire workers by concluding an employment contract with them.

Unlike civil law, the organizational and legal form of legal entities (organizations) or the participation of an individual entrepreneur as an employer does not play a significant role in the regulation of labor relations. Citizens (individuals) as potential workers in the labor market are interested in the "employing legal capacity" of future employers, related to the provision of work for citizens, payment and protection of their labor.

Consequently, any organization can act as an employer - a legal entity that is considered to be created from the moment of its state registration. From the same moment, the organization - this legal entity acquires labor legal capacity (labor legal personality, which is equivalent to a legal entity) and can act as an employer in labor relations with employees.

The transition to a market organization of the economy, the expansion of economic freedom and the development of entrepreneurship, implying the freedom of the labor market (labor force), have affected the position of the subjects of labor relations. First of all, this affected the emergence of new owners - legal entities of various organizational and legal forms, as well as individual entrepreneurs capable of acting as employers. Currently, the subject (participant) of an employment relationship, i.e. employers are legal entities that, depending on the goals of their activities, belong to commercial or non-commercial organizations, are created in one or another organizational and legal form (business companies, partnerships, production cooperatives, unitary enterprises, etc. For all these legal entities, a generalizing concept of "organization".

Along with a legal entity (organization), an individual (citizen) engaged in individual entrepreneurial activity from the moment of state registration without creating a legal entity can also act as an employer. An individual (citizen) can act as an employer, inviting another citizen to work as a housekeeper, driver, gardener, etc., in order to use their labor only in the interests of a personal (consumer) economy without making a profit.

Earlier legislation (for example, the Law on Collective Agreements, the Law on Collective Labor Disputes, as well as the Law on Employment, etc.) used the terms “organization” and “employer”, but there was no single definition of the concept of “employer”. This gap is filled in the Labor Code of the Russian Federation and the following definition of the employer is fixed: the employer is an individual or 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.

The employer, as a subject (participant) of an employment relationship, must have labor legal capacity, which the organization acquires from the moment of its state registration as a legal entity, and a citizen (individual) - from the moment of state registration as an individual entrepreneur. The labor capacity of legal entities and individual entrepreneurs consists in recognizing their right to provide citizens with work. This legal capacity is often referred to as the employer's legal capacity, meaning in this case, by work, the employment provided to the employee by performing a conditional labor function under the established internal labor regulations with remuneration and its protection.

The labor legal capacity of a legal entity, in contrast to the labor legal personality of a citizen (natural person), is special. In terms of its content, the labor capacity of an organization (legal entity) must correspond to the goals and objectives of its activities defined in its charter. According to the difference in the goals and objectives of the activities of certain organizations (legal entities), and therefore their organizational and legal form, the content and scope of the labor capacity of different organizations(employers).

For example, although the structure and staffing of a legal entity in such an organizational and legal form as a unitary enterprise (based on the law operational management), are approved by him, the payroll fund and the headcount limit are set by a higher authority. And only within this limit number, wage fund, they have the right to employ citizens. And for legal entities - public sector organizations, the state also provides for the amount of remuneration of employees on the basis of the Unified Tariff Scale.

However, the majority of legal entities (organizations of a different organizational and legal form) are characterized by a significant expansion of the scope of their labor capacity. They are independent in determining the number of employees, they themselves approve the type and system of remuneration, structure and management bodies, plan necessary costs etc. In addition, they conclude employment contracts with those citizens and in the amount that they need to fulfill the statutory tasks of organizations in accordance with jobs and staffing.

Usually, labor capacity is determined by two criteria: operational (organizational) and property. The operational (organizational) criterion characterizes the organization's ability to hire and dismiss employees, organize their work, create all necessary conditions and labor protection, and ensure measures social protection, observance of the labor rights of employees, etc. The property criterion determines the ability to dispose of in cash(wage fund, other relevant funds), pay employees for work, reward them, provide other benefits related to material support.

Thus, organizations (legal entities), having labor legal capacity, conclude an employment contract and enter into an employment relationship as an employer with those citizens (employees) that the organization needs to fulfill its statutory tasks and economic activities.

As you know, legal entities (organizations) exercise their legal capacity through their bodies acting in accordance with laws, other regulatory legal acts and constituent documents. In labor relations, the bodies of a legal entity (employer) are the head of the organization (general director, director, etc.) or other bodies that, in accordance with the charter (regulation), use the right to hire and dismiss employees, approve states, issue orders and instructions that are mandatory for employees of the organization , and endowed with other powers in the field of organizational and managerial activities. The right to conclude an employment contract with employees can be delegated by the body of a legal entity to its representative by proxy (for example, in a branch, representative office).

If the employer is an individual, he can also be a manager at the same time, organizing and managing the work of employees. These provisions are enshrined in Art. 20 of the Labor Code, which establishes that the rights and obligations of the employer in labor relations are exercised by an individual who is an employer, for a legal entity (organization) - its management bodies or persons authorized by them in the manner established by laws, other regulatory legal acts, constituent documents of a legal entity ( organizations) and local regulations.

The employer (property owner) or a body authorized by him has the right to appoint, elect or otherwise select the head of the organization. So, the head of state unitary enterprise an employment relationship arises in the manner prescribed by regulatory legal acts. The procedure for selecting a head, other executive bodies of a joint-stock company is determined by the JSC Law.

The formation of these bodies and the early termination of their powers are carried out by decision of the general meeting of shareholders, if the company's charter does not refer these issues to the competence of the board of directors (supervisory board) of the company (clause 8, article 48, clause 9, article 65, part 1 item 3 of article 69 of the JSC Law). On the basis of an employment contract concluded between the joint-stock company (employer), on behalf of which the board of directors (supervisory board) acts, and the director ( CEO), as well as members of the board (management) (if an employment contract is concluded with them), an employment relationship arises with some features established by law.

At present, with the adoption of the Labor Code, the features of labor regulation of the head of the organization and members of the collegial executive body of the organization are established in Ch. 43 of the Labor Code, which covers the procedure for concluding and terminating an employment contract, etc. In this chapter of the Labor Code, the concept of the head of an organization is fixed: the head of an organization is an individual who, in accordance with the law or the constituent documents of the organization, manages this organization, including performing the functions of its sole executive body (Article 273). The rights and obligations of the head of the organization in the field of labor relations are determined by the Labor Code, laws and other regulatory legal acts, constituent documents, as well as the employment contract concluded with him (Article 274 of the Labor Code). At the same time, the provisions of the Labor Code apply to the heads of organizations, regardless of their organizational and legal forms and forms of ownership, except in cases where the head of the organization is the only participant (founder), member of the organization, owner of property, or the organization is managed under an agreement with another organization ( managing organization) or an individual entrepreneur (manager).

The content of the legal relationship, and in particular the labor relationship, is the unity of its properties and connections. Participants in an employment relationship are bound by subjective rights and obligations, a certain combination of which reveals its legal content. It is also customary to determine the material content of the labor relationship - this is the behavior itself, the activities of the subjects, the actions that they perform, which appears in the legal relationship, its legal content as an interconnection of subjective rights and legal obligations.

Thus, the interaction of participants in a social labor relationship is manifested in a legal relationship as the interaction of its subjects, their interconnection with subjective rights and obligations, when the right of one (employee) corresponds to the duty of another (employer). For example, the worker's right to health and safe conditions labor corresponds to the obligation of the employer to provide such conditions, and the right of the employer to require the employee to comply with the rules of the internal labor regulations - the obligation of the employee to comply with them (subordination to the internal labor regulations). Recall that the employment relationship consists of a whole range of labor rights and obligations, i.e. is a complex, but a single legal relationship and is of a continuing nature. Accordingly, its subjects constantly (systematically) exercise subjective rights and fulfill obligations.

At the same time, subjective right is understood as a legally protected opportunity (legal measure of freedom) of an authorized person (one subject of an employment relationship) to demand from another - an obligated subject - certain actions (certain behavior). The subjective duty of a participant in an employment relationship is a legal measure of the proper behavior of the obligated person, in other words, the subjective duty consists in proper behavior corresponding to the subjective right.

Since an employment relationship always arises between specific persons on the basis of an agreement reached between them (an employment contract), this legal relationship can be defined as a form of expressing the specific rights and obligations of its participants. In this sense, the labor relationship outlines the framework in which the behavior of its participants can be realized.

The Labor Code provides for the basic (statutory) rights and obligations of participants in an employment relationship. With regard to the personality of an employee, these rights and obligations, in accordance with the Constitution of the Russian Federation (Article 37, etc.), are enshrined in general view in the Labor Code as the main (statutory) rights and obligations of the employee (Article 21) and as the main (statutory) rights and obligations of the employer (Article 22 of the Labor Code).

When entering into an employment relationship, the employee and the employer, as its subjects, have subjective rights and obligations that make up the content of this employment relationship, which are a specification and specification of the specified basic (statutory) rights and obligations.

Thus, in the labor legal relationship, its content consists of subjective rights and legal obligations that its participants acquire with the emergence of this legal relationship on the basis of an employment contract concluded between them. Since the employment relationship is complex, but a single legal relationship and is of a lasting nature, the employee and the employer constantly exercise their rights and fulfill their obligations as long as the employment relationship exists and the employment contract on the basis of which this legal relationship has arisen is valid.

In Art. 21 of the Labor Code establishes the basic (statutory) rights and obligations of an employee, which are presented quite widely. This is the right to conclude, amend and terminate an employment contract in the manner and on the terms established by the Labor Code, other federal laws, and providing him with work stipulated by the employment contract; as well as to a workplace that meets the conditions of labor safety, and timely payment of wages in accordance with the qualifications of the employee, the complexity of his work, the quantity and quality of work performed and the right to rest, provided by guarantees as the establishment of normal working hours, its reduction for certain professions and categories of employees, providing weekly days off, non-working holidays, paid annual leave. Along with this, the employee has the right to complete reliable information about working conditions and labor protection requirements at the workplace and at vocational training, retraining and advanced training in accordance with the established procedure, as well as for association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests, and to participate in the management of the organization in accordance with the Labor Code, other federal laws and collective agreement forms. This list closes the right to conduct collective bargaining and conclude collective agreements and agreements through their representatives and protect their labor rights, freedoms and legitimate interests in all ways not prohibited by law, etc.

The main duties of the employee include the obligation to conscientiously fulfill the labor duties assigned to him by the employment contract, and in compliance with the internal labor regulations of the organization, to comply labor discipline comply with the established labor standards, as well as take care of the property of the employer and other employees. In addition, the employee is obliged to comply with the requirements for labor protection and ensuring labor safety and immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the employer. A more specific range of duties (works) of certain categories of workers is provided for by the Unified Tariff and Qualification Reference Book of Works and Professions of Workers and Qualification guide positions of managers, specialists and other employees (technical performers), as well as technical rules, labor protection instructions, job descriptions and other provisions approved in the prescribed manner. listed in Art. 21 of the Labor Code, the basic (statutory) rights and obligations of an employee cannot be characterized as “cash” rights and obligations, since their real possession is possible only in a specific labor relationship arising from an employment contract.

Thus, Art. 21 of the Labor Code predetermines the content of specific labor relations, in which the statutory (basic) rights and obligations enshrined in this article of the law are manifested in the form of specific subjective rights and labor obligations that have arisen for a given employee who has concluded an employment contract with a given employer and entered into an agreement with him the said relationship.

For the first time in the Labor Code (Article 22), the basic (statutory) rights and obligations of the employer were consolidated. The employer has the right to conclude, amend and terminate employment contracts with employees in the manner prescribed by law, conduct collective negotiations and conclude collective agreements, encourage employees for conscientious efficient work and require employees to fulfill their labor duties and take care of their property and other employees, comply with the rule internal labor regulations of the organization. The employer also has the right to bring employees to disciplinary and (or) material liability and, in the prescribed manner, adopt local regulations. He has the right to create associations of employers for the purpose of representing and protecting his interests and to join them.

The employer has many responsibilities. In Art. 22 of the Labor Code, in particular, fixes its obligations to comply with laws and other regulatory legal acts, local regulations, the terms of the collective agreement, agreements and conditions of employment contracts, provide employees with work stipulated by the employment contract, ensure labor safety and conditions that meet the requirements of protection and hygiene labor and provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties, as well as provide employees with equal pay for work of equal value and pay in full size wages due to employees in a timely manner.

The employer is obliged to conduct collective negotiations, conclude a collective agreement based on their results in the manner prescribed by the Labor Code, and provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation. In addition, the employer is obligated to both timely comply with the instructions of state supervisory and control bodies, pay fines imposed for violations of laws, other regulatory legal acts containing labor law norms, and consider the submissions of the relevant trade union bodies, other representatives elected by employees about identified violations. laws, other acts, take measures to eliminate them and report on the measures taken to the indicated bodies and representatives, as well as create conditions that ensure the participation of employees in the management of the organization in the forms provided for by the Labor Code, other federal laws and the collective agreement.

The employer is also subject to other obligations stipulated by the Labor Code (for example, articles 163, 212), federal laws and other regulatory legal acts, a collective agreement, agreements and employment contracts. Thus, the list of obligations of the employer, provided for in Art. 22 of the Labor Code is not exhaustive.

The subjective rights and obligations that make up the content of an employment relationship arising on the basis of a legal act - an employment contract, correspond to the terms of this contract. An employment contract plays an important functional role in the mechanism of legal regulation of labor relations, their occurrence, etc. Like any other contract, it has its own content - these are the conditions on which the parties have reached an agreement. These agreed terms of the employment contract correspond to the content of the employment relationship, its subjective rights and obligations. Thus, an employment relationship not only arises on the basis of an employment contract (legal act): this contract also predetermines its content.

However, an employment relationship and an employment contract are not equivalent. The terms of the contract are formed in the process of its conclusion by the parties on the basis of freedom and voluntariness of labor, but should not limit the rights or reduce the level of guarantees for employees established by labor legislation. The agreed conditions, as it were, determine the scope of the content of the emerging labor relationship. However, an employment contract cannot determine all of its content, all elements. A citizen, on the one hand, and an organization (legal entity) or an individual entrepreneur, on the other hand, when concluding an employment contract and establishing an employment relationship, act as private individuals. It is as individuals that they act on the basis of the freedom to choose each other, the freedom to conclude an employment contract and the freedom to determine its conditions (content). At the same time, individuals cannot fully implement the public law element of an employment relationship through the legal form of an employment contract. This public law element consists in establishing a normative standard of labor rights and guarantees of an employee, the deterioration of which in an employment contract leads to the invalidity of its individual conditions or the contract as a whole, which in this case cannot be applied.

Consequently, the labor relationship, the content of which is determined by the terms of the employment contract, also carries an independent essence, independent content. The independence of the labor relationship is manifested in the legislative establishment of a certain level of labor rights and guarantees, which the parties are not entitled to reduce by concluding an employment contract, they are not entitled to exclude them or replace them with others. This is one of the features of labor law, which indicates its social orientation and allows us to characterize the branch of labor law in the system of Russian law as the right of social protection.

Attention should also be paid to the fact that the very existence of an employment relationship is based on the disciplinary and directive power of the employer. The subordination of the employee is imperatively "built into" the content of the employment relationship, not allowing the specified individuals to exclude it or replace it with another condition when concluding an employment contract. The obligation of an employee to perform a labor function with subordination to the internal labor regulations is provided for by the Labor Code of the Russian Federation.

This is also the difference between an employment contract and civil law contracts, whose parties are autonomous, equal and free to such an extent that they can choose not only a certain, but also another type of contract that suits them more, meets their interests, or can resort to a mixed civil law contract. At the same time, the provisions of the law are not violated, and its essential conditions are fixed in the contract, as required by paragraph 1 of Art. 432 of the Civil Code of the Russian Federation.

This situation is not possible when concluding an employment contract. In labor law, the employment contract occupies a central place. Its importance immeasurably increases in the modern conditions of the formation and development of the labor market (labor force), it is not replaced by any other agreements or contracts.

An employment contract is the organizational and legal form that most adequately meets the needs of the labor market and the private interests of the employee and employer.

2. Grounds for the emergence, change and termination of labor relations

For the emergence, change and termination of labor relations, an appropriate legal fact must occur, in accordance with the rules of law. Legal facts that entail the emergence of labor relations are called the grounds for their occurrence. The peculiarity of these facts is that events, offenses, a single administrative act cannot serve as such in labor law. These facts in labor law are lawful actions (expressions of the will of the employee and the manager acting on behalf of the employer) performed in order to establish labor relations. Since they are precisely the legitimate wills of people, they are called legal acts.

An employment relationship is based on the free will of its participants, the legal expression of which is an employment contract - a bilateral legal act. In this capacity, the employment contract plays a very important role in the mechanism of legal regulation of labor relations, it acts as the basis for the emergence, change or termination of labor relations.

By general rule, an employment contract is the basis for the emergence of most labor relations. But in some cases, legal norms associate the emergence of labor relations not with one legal act, which is an employment contract, but with several. Taken together, these legal acts constitute the so-called complex legal composition, which serves as the basis for the emergence of labor relations. The existence of these compositions is due to the specifics of the work of certain categories of workers, the special complexity of the work they perform, increased responsibility for their performance, etc.

The extraordinary nature of such labor activity makes it quite high level requirements for persons (citizens) to fill the relevant positions and necessitates the establishment of a special procedure for the selection of highly qualified personnel. In some cases, a procedure is established related to the control and verification mechanism for selecting one of the applicants for a position (competition), in others, a candidate for a position is nominated by one or another group of people, and then, subject to the developed procedure, is elected to a position (elections) or appointed ( approved) for a position by a higher management body (act of appointment or approval).

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The concept and content of labor relations. The concept and structure of an employment relationship

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The emergence, change and termination of labor relations

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