What is an employee entitled to?
The labor code is the main law governing employment relations. However, the Labor Code is not a single law, which employers and employees are guided by when solving their employment issues. In accordance with the Constitution of the Russian Federation, everyone has the right to work, to choose his profession and type of activity. In Russia, forced labor is prohibited, but at the same time, every person should be protected by the state from unemployment. Thus, the state guarantees its assistance in the employment of citizens through employment centers that are open in each city.
What does the employee have the right to if he was injured as a result of his work duties, was disabled or caused significant damage to his health? Unfortunately, quite often this question remains for unskilled employees, because, when hiring, they agree to informal relations with a company, enterprise or organization.In accordance with the current legislation, the employee has the right to resolve issues relating to labor disputes in court. However, in this case, it is necessary to prove that the employee really was an employee of the enterprise, that is, it is necessary that an employment contract be signed between him and the company. Many employers avoid concluding employment contracts in order to reduce tax deductions, in order not to provide the employee with a “social package” and, as a result, not to pay him compensation in case of injury or injury at work. The solution to this problem is only one thing - when hiring, you must necessarily agree to formal labor relations, and not illegal, when the "salary in the envelope" is paid.
The right to vacation and to rest
Every worker has the right to annual paid leave - this provision is enshrined in Article 21 of this Labor Code. In the same article, other rights of workers are indicated, for example, on holidays on holidays, provision of weekly days off. Annual paid vacation is provided in accordance with the vacation schedule, which is developed at the enterprise, in a company or organization.Changes can be made to this schedule only with the consent of the head. In some cases, an employee needs extraordinary leave, which may be granted to him after the approval of the manager. According to the labor law, the employee has the right to leave after 6 months of work at the enterprise, that is, having worked for six months in a particular enterprise, the employee can go on vacation. Every employee has the right to a working day, normal in duration. At the same time, citizens of certain professions have the right to a shorter working day.
There is a certain category of workers that combines training and work. In such cases, in accordance with the labor law, the employee is entitled to certain guarantees:
- additional paid study leave (its duration is from 9 days to 4 months);
- unpaid leave;
- shorter working time over 10 school months before passing state exams or graduation thesis;
- some other benefits that depend on the form of the educational institution.
All these benefits are provided if the employee receives the first higher education, but upon receiving the second higher education, the Labor Code does not provide for working students any benefits from the employer.
Recently, more and more employers are insisting on improving the skills of their employees, sending them to the appropriate courses. These may be courses located in another city or in the same locality where the employee works. Quite often, advanced training courses are sent to teachers of schools of all levels. If advanced training is carried out with separation from the labor process, then pedagogical workers are entitled to:
- the preservation of jobs and positions;
- average salary at the main place of work;
- payment of travel expenses if advanced training implies the departure of the employee to another location.
All these payments are made by the employer.
Guarantees for employees at dismissal
Dismissing staff is common in our days. But at the same time, employers should not forget that when an employee is dismissed, his rights and guarantees are preserved.Upon dismissal, each employee has the right to be warned by the employer 2 months before the dismissal in writing. According to article 180 of the Labor Code, part 3, with the written consent of the employee, the employer may terminate the employment contract with him if he personally warned the employee about his dismissal to be reduced for two months.
If there are vacancies in the workplace, the employer is obliged to offer the employee a vacant position if it corresponds to his competence. In addition, employers often do not take into account their productivity and qualifications, and the time when they came to work when drawing up lists for the reduction of workers. This is the wrong method of identifying employees for downsizing, because employees who lack sufficient work experience do not always come to the enterprise. After all, many of them come after a certain time of work at other enterprises.
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