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Labor relations

Labor relations are those arising after the conclusion of an employment contract and the social and labor relations regulated by the relevant legislation, under which the employee undertakes to perform labor functions, and the employer - to provide work and pay for it, to ensure the safety of working conditions.

The content of labor relations - the mutual rights and obligations defined in the employment contract, as well as the state established by law.

Signs of the employment relationship:

1. The employee personally participates in the production activities of the employer and can not assign work to other persons. The employer, in turn, has no right to replace the employee with another.

2. The employee performs work on a certain specialty or position specified in the contract.

3. When performing labor functions, the employee must obey the internal labor order established in the organization.

4. Labor relations are of a remunerative nature, employees are paid for by paying their wages.

5. Each of the parties to the contract at any time can terminate the legal relationship.

The basis for their occurrence is the conclusion of an employment contract.

Subjects of employment relations - an employee and an employer. The first is a physical person who possesses labor legal capacity (that is, the ability to have rights and duties in the sphere of labor and carry them out by his actions), who is in labor relations with the employer. The second can be both physical persons and legal entities.

Subjects of labor relations can be:

  • Employees - citizens, including foreign countries;
  • Employers - various institutions, organizations, enterprises, firms, etc .;
  • Labor collectives;
  • Trade union committees and other elective bodies authorized by employees;
  • Social partners represented by representatives of associations of employers, trade unions and executive authorities at the federal, regional, sectoral and republican levels;
  • Law enforcement agencies - labor arbitration, conciliation commission, court;
  • The employer is a citizen or a public organization that has accepted the employee in his office.

Under the object of legal relations in the world of work is understood the performance of certain types of work in accordance with the qualifications, specialty or position.

There are types of labor relations:

  • In connection with the provision of employment and employment for a particular employer;
  • Between the employer and the employee;
  • Between the labor collective and its representatives with the employer;
  • Social and partnership relations in the conduct and conclusion of collective agreements, contracts at sectoral, territorial, federal, regional and professional levels;
  • Labor relations for professional development, training and retraining of personnel;
  • On control and supervision of compliance with labor protection and labor legislation;
  • On the participation of trade unions and workers themselves in establishing the conditions of work, the application of labor law in cases prescribed by law;
  • Procedural labor relations on the resolution of collective and individual disputes;
  • On liability in connection with the damage caused.

There are other classifications. So, labor legal relations are divided into: basic, accompanying and protective. The first arise in connection with the implementation of labor, the second in connection with the employment, activities of trade unions, training of personnel, etc., and still others - in labor disputes, compulsory social insurance, material liability.

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