What should be understood by labor relations?

The concept of labor relations is contained in Art. 15 TK. This is a relationship based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee), the employee’s subordination to internal labor regulations while ensuring the employer of working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, employment contracts.

Thus, among the signs of labor relations, the fulfillment of a labor function with subordination to the rules of internal labor regulations stands out. In contrast to civil law relations that allow representation, i.e. When a person with appropriate authority carries out transactions (actions) on behalf of another person, the work performed within the framework of the employment relationship is always personal in nature. Submission to the rules of internal labor regulations means that personal volitional activity is carried out in conditions of cooperative labor. It is cooperative labor that determines the operation of legal norms regulating working hours and rest periods, responsibility for non-fulfillment or improper fulfillment of labor duties, i.e. legal institutions specific to labor law. In civil legal relations, work is carried out outside the internal labor regulations. The definition of the concept of labor relations also emphasizes the feature of remuneration of labor relations. Performing work according to labor relations in all cases causes a response from the employer - payment of remuneration for the labor expended in the form of wages. The specificity of this remuneration, in contrast to that paid for work outside the framework of the employment relationship, is that it is made for living labor expended and its results. In case of individual work, which is also remunerative in nature, only the result of such activity, services performed, goods manufactured, etc. are paid.

A feature of the labor relationship is also the employer’s obligation to provide the employee with working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract. Individual work on civil law relations is carried out independently and at its own discretion. Persons engaged in such activities determine the conditions for performing the work themselves.

Who is the employer?

One of the parties to the labor relationship is always the employer. They can be an individual or a legal entity. Most employers - individuals have the status of individual entrepreneurs. These include individuals registered in the prescribed manner as individual entrepreneurs and carrying out entrepreneurial activities without forming a legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, who have entered into labor relations with employees in order to carry out the specified activities. These individual employers are also called individual entrepreneurs. They bear to the employees who have entered into labor relations with them all the responsibilities that the Labor Code imposes on employers - individual entrepreneurs. Their carrying out of the specified activities in violation of the requirements of federal laws without state registration and (or) licensing does not relieve them from fulfilling the duties of an employer. Individuals as employers can not only be individual entrepreneurs. Employers are also individuals who enter into employment relationships with employees for the purpose of personal service and assistance with housekeeping.

Individuals who have reached the age of 18 years, provided they have full civil capacity, have the right to conclude employment contracts as employers, as well as persons who have not reached the specified age - from the day they acquire full civil capacity. Article 21 of the Civil Code provides that in cases where the law allows marriage before the age of 18, a citizen under 18 years of age acquires full legal capacity from the time of marriage. Therefore, individuals who were married before the age of 18 can be employers.

If an individual who has an independent income and has reached the age of 18 is limited in legal capacity by a court, then he has the right to enter into employment contracts with employees for the purpose of personal service and assistance with housekeeping with the written consent of the trustees. In cases where individuals who have independent income and have reached the age of 18 are recognized by the court as legally incompetent, on their behalf, employment contracts with employees for the purpose of personal service to these individuals and assistance in housekeeping may be concluded by their guardians.

Article 20 of the Labor Code provides that employers can also be minors aged 14 to 18 years. They are given the right to conclude employment contracts with employees subject to two conditions: they must have their own earnings, a stipend, other income and the written consent of their legal representatives (parents, guardians, trustees).

In all cases where the procedure for concluding employment contracts involves the participation of legal representatives of individuals acting as employers, they bear additional financial responsibility. This liability arises for obligations arising from the employment relationship, including obligations to pay wages.

Legal entities predominate among employers. In accordance with Art. 48 of the Civil Code, a legal entity is recognized as an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can, in its own name, acquire and exercise property and personal non-property rights, bear responsibilities, be a plaintiff and defendant in court. All organizations acting as a legal entity are divided into commercial ones, which pursue profit as the main goal of their activities, and non-profit ones, which do not have profit as such a goal and do not distribute the profits between participants.

Commercial organizations are created in the form of business partnerships and societies, production cooperatives, state and municipal unitary enterprises.

The organizational and legal forms of non-profit organizations are consumer cooperatives, public or religious organizations (associations), charitable and other foundations, as well as other forms provided by law.

A legal entity is considered created from the moment of its state registration, and from this date it can act as an employer.

The legal status of a legal entity is determined by its charter or the constituent agreement and charter, or only the constituent agreement. Since the legal documents of legal entities, as a rule, provide for the subject and goals of their activities, they play an important role in determining the professional and qualification composition of employees with whom the employer can enter into employment contracts.

In practice, employment contracts with employees of a branch or representative office are usually concluded by the head of that branch or representative office. However, according to Art. 55 of the Civil Code, branches and representative offices are not legal entities and therefore they cannot be employers. The employer in relation to the employees of a branch or representative office is a legal entity, on behalf of which the head of the branch or representative office exercises the authority to conclude an employment contract, amend it and terminate it. If the head of a branch or representative office is not authorized to hire, labor relations with employees of the branch or representative office arise on the basis of an employment contract concluded by the legal entity itself.

In accordance with part 2 of Art. 32 of the Labor Code of Ukraine, is not considered a transfer to another job and does not require the consent of the employee, moving him at the same enterprise, institution, organization to another workplace, to another structural unit in the same area, assignment of work on another mechanism or unit within the specialty , qualification or position stipulated by the employment contract. In contrast to translation, moving Z is a change in the internal workplace. enterprises associated with the organization of production, providing the employee with work without changing the labor function (that is, within the profession, specialty, qualification, position) and place of work. The possibility of relocation does not violate the general principle of obligatory preservation of the terms of the employment contract. Availability of the owner (or authorized

authority) the right to move workers to other workplaces is determined, on the one hand, by the dynamism of the production process, the introduction of new technologies, changes in working conditions, production areas, that is, the objective conditions of the labor process, on the other hand, by the fact that when moving to another workplace The place of content of the employment contract does not change. No motive is allowed, i.e. movement not caused by external reasons. The owner or his authorized body is prohibited from transferring an employee to work that is contraindicated for him due to health reasons. A workplace should be understood as a specific area of production activity, equipped with the necessary equipment for work. A workplace can sometimes be considered any place where an employee is located in connection with the performance of his work duties. For professions such as drivers and pilots, the place of work is the entire length of the route, although their immediate workplace is in the 3rd cabin

driver, pilot, etc. For a number of professions it is extremely difficult to define a workplace in the exact sense of the word. These are postmen, line foremen for servicing gas, electrical and television installations, couriers, etc. They serve some area, district of the city, and the workplace in each case will be considered the place where the work is directly performed. It is especially difficult to distinguish translation from relocation in some specific areas of activity: in trade, in medicine, in motor transport enterprises, etc. Here it is necessary to take into account the specifics of the work, the existing specialization in various types of activities, and the division of labor.

WHAT SHOULD BE UNDERSTANDED BY CHANGES IN SIGNIFICANT WORKING CONDITIONS?

Changing essential working conditions as an independent legal form of changing the content of an employment contract (along with transfer and relocation) was introduced into the labor legislation of Ukraine in 1988 in connection with the restructuring of economic management. In the process of performing work in the same specialty, qualification or position, changes in significant working conditions are allowed if this is caused by changes in the organization of production and labor. If a change in the essential working conditions of an employee was made by the owner or his authorized body not in connection with the specified reasons, then, taking into account the specific circumstances, it should be recognized as unlawful, and the owner or his authorized body should be charged with restoring the previous working conditions. If there is a change in the essential working conditions of systems and amounts of payment, benefits, working hours, the establishment or abolition of part-time work, combination of professions, changes in grades and titles of positions and others, the owner or his authorized body is obliged to notify the employee no later than two months in advance. (Part 3 of Article 32 of the Labor Code). If the previous essential conditions cannot be preserved, and the employee does not agree to continue working under the new conditions, then the employment contract is terminated under paragraph 6 of Art. 36 Labor Code of Ukraine. Resolution of the Plenum of the Supreme Court of Ukraine No. 9 of November 6, 1992 on the procedure for consideration of labor disputes by courts in paragraph 10 emphasizes that termination of an employment contract under paragraph 6 of Art. 36 of the Labor Code of Ukraine, if an employee refuses to continue working with a change in essential working conditions, it may be considered justified if the change in essential working conditions while continuing to work in the same specialty, qualification and position arose in connection with changes in the organization of production and labor (rationalization of jobs, the introduction of new forms of labor organization, the transition to a brigade form of labor organization (or vice versa), the introduction of advanced methods, technologies, etc.).

An employee’s refusal to enter into a contract may be grounds for termination of the employment contract under paragraph 6 of Art. 36 of the Labor Code of Ukraine in the event that, in accordance with the law, this form of employment contract is mandatory for this employee. In cases where there were grounds for changing the essential conditions, but the employee who refused to continue working was not warned two months in advance about their change or was dismissed before the end of this period after the warning, the court accordingly changes the date of dismissal. 8.On what grounds can work be terminated? Agreement?

In accordance with Art. 4 of ILO Convention No. 158 on termination of employment relations at the initiative of the entrepreneur, employment relations with employees are not terminated if there are no legal grounds for such termination related to the abilities or behavior of the employee or caused by the production needs of the enterprise, institution or service. Termination of an employment contract should be understood as the act of terminating the labor legal relationship of an employee with the owner or a body authorized by him. In accordance with Art. 36 of the Labor Code, the grounds for termination of an employment contract are: 1) agreement of the parties; 2) expiration of the period, except in cases where the employment relationship actually continues and neither party has demanded its termination; 3) conscription or entry of an employee into military service, assignment to alternative (non-military) service; 4) termination of an employment contract at the initiative of the employee, at the initiative of the owner or a body authorized by him, or at the request of a trade union or other body authorized to represent the labor collective; 5) transfer of an employee, with his consent, to another enterprise, institution, organization or transfer to an elective position; 6) the employee’s refusal to be transferred to work in another location together with an enterprise, institution, organization, as well as refusal to continue work due to a change in significant working conditions; 7) the entry into force of a court sentence by which the employee is sentenced (except for cases of suspended sentence and deferment of execution of the sentence) to imprisonment, correctional labor outside the place of work, or to another punishment that precludes the possibility of continuing this work; 8) the grounds provided for in the contract.

It should be noted that the classics of economic theory paid great attention to the problems of forming taxation systems. They explored issues of taxation methodology, principles of constructing a taxation system, the functions of taxes in the economy, and the share of taxes in the formation of state finances. Thus, A. Smith formulated the most important principles of taxation: fairness, uniformity, convenience and cheapness. Later they were supplemented by A. Wagner. Zh.B. paid much attention to the formation of the tax system in his works. Seay, A. Marshall, D.S. Mill et al.
Taxation of an organization should be understood as the organizational and legal relations established on a legislative basis for the redistribution, predominantly in monetary form, of income (profit) received by organizations as a result of their financial and economic activities for the use of the state: to the federal budget, budgets of constituent entities of the Russian Federation and local budgets. The redistribution of income (profit) of organizations in favor of the state is an objective and natural process associated with the performance by the state of the functions established by the Constitution of the Russian Federation. The mechanism of this process is determined by legislative acts, in particular the Tax Code of the Russian Federation (TC RF) and federal laws on the procedure for establishing and collecting certain types of taxes and fees.
The taxation system influences the formation of the state’s finances, its income and, consequently, the performance of its functions. At the same time, the taxation system has an impact on the final results of the activities of enterprises and organizations and on the social status of citizens through the number of existing taxes and fees, the mechanism for their establishment and collection.
So, the taxation subsystem (tax system) should be understood as the set of taxes, fees and duties in force in a given period of time, levied on the territory of countries in accordance with tax and customs legislation, as well as a set of legal norms and rules establishing the rights, obligations and responsibilities of taxpayers, tax and customs authorities for the correct implementation of legislation on the establishment and payment of taxes, fees and duties.

7. The organization consists of...

B) controlled subsystems

B) control systems

A) leading team

B) political party

B) organization

D) a crowd of people

How are organizations divided?

A) into formal and simple

B) into formal and informal

B) into informal and complex

D) to false and formal

10. Formal organization is...

A) a group of people who are united by management to achieve the goals of the enterprise

B) a group of people whose activities are deliberately planned by the demotivator

C) a group of people whose activities are not planned or regulated

D) a group of people whose activities are formalized and organized by a leader

A) those that arise purposefully under the influence of external factors

B) those that arise spontaneously and function to achieve the personal goals of their members

B) those that function for its members, in accordance with the regulations and charters

D) those that operate in accordance with current instructions

Who is at the head of the informal organization?

A) informal leader

B) formal manager

B) director elected at the meeting

D) informal organizer

For the normal management of a mine in the presence of informal organizations, it is important that

A) informal groups did not prevail over formal ones

B) the goals of informal and formal organizations differed from each other

C) the formal manager registered informal organizations at the mine

D) the formal leader developed a special action plan to eradicate informal organizations at the mine

What primary functions does an informal leader perform in an informal organization?

A) helps the group achieve its goals and maintains and strengthens its existence

B) draws up work plans for an informal organization and monitors their implementation

C) selects members of the informal organization and mentors them

D) reports to investors on the results achieved by members of the informal organization and eliminates any deviations that have arisen

What reasons make members of an informal group treat each other informally?

A) the informal leader forces

B) the need for mutual assistance, communication, sympathy

B) requires social control to resist change

D) a sense of belonging to social control and sympathy for change

What characteristics do informal organizations have?

A) the presence of social control, resistance to change, informal leader

B) the presence of a formal leader, regular salary, joint approval of work plans

C) absence of an informal leader, regular salary, joint approval of work plans

D) lack of social control, resistance to change, formal leader

Can informal organizations interfere with the achievement of a mine's formal goals?

A) can't

C) sometimes they can when there are no informal leaders

D) never interfere, since informal organizations are closed systems

Why do members of informal groups in mines often resist change?

A) it violates their established traditions, habits or threatens the continued existence of the informal organization

B) this leads to an abnormal increase in working hours and a reduction in members of the informal group

C) members of informal groups have to re-elect an informal leader

D) members of informal groups have to agree on the candidacy of an informal leader

19. A set of elements connected and interacting with each other, constituting some integral formation that has new properties that are absent in its elements - this is ...

A) political party

B) integral community

B) organization

D) system

What is a control system?

A) a set of interacting elements before the control process

B) a set of interacting control elements that make up a holistic formation that has properties that differ from the properties of its constituent elements

C) a holistic formation that has properties that do not differ from the properties of the constituent control elements

D) a set of organizational controls that are appointed by top management

What are the main features of an open system?

A) interaction with structural units of the entire system

B) interaction with goods manufacturers

B) interaction with the external environment

D) interaction with the internal environment

What are the main features of a closed system?

A) has strict fixed restrictions of closed action

B) has a rigid fixed boundary and its actions are independent of other systems

C) does not have a rigid fixed limit of action and depends on the external environment

D) has a rigid fixed boundary and its actions are relatively independent of the environment surrounding the system

Which of the following statements does not relate to the definition of the concept “system structure”?

A) this is a set of characteristics and consumer properties of elements that allow a qualitative and quantitative description of the system using accepted conventional values

B) this is the internal form of the system, which establishes a certain quantity, quality and relative arrangement of elements and connections, as well as the number of levels in it

C) it is formed as a result of a certain arrangement in space of elements that are held in this position with the help of stable connections at given levels and thanks only to it, the system has properties characteristic of it

D) its change leads to a change in the properties of the system or to the cessation of its existence

24. Based on their origin, systems are divided into:

A) natural (natural) and socio-economic

B) socio-economic and technical

B) natural and artificial

D) artificial and socio-technical

Can a mine be considered as a system?

B) it is impossible

C) possible, but only as a technical and technological system

D) possible, but only as a socio-practical system

Are technical systems used at the mine?

A) are used because everything that we see at the mine made by human hands is technical systems

B) is not used, because this is prohibited by safety regulations

C) are used in limited quantities and then only with the permission of Gostekhnadzor

D) are used only on the surface of the shaft, because their use in the mine is strictly prohibited

What systems in a mine include the deposit of coal seams, mining and geological conditions and people?

A) to biological systems

B) to technical systems

What systems in a mine include buildings and structures on the surface, mine workings, mining machines and mechanisms?

B) to technical systems

B) to technical and technological systems

D) to socio-economic systems

What systems in a mine include underground devices and structures for securing the working space, transporting goods and people, ventilation, drainage, and maintaining the safety of mining operations?

A) to production and technical systems

B) to technical systems

B) to technical and technological systems

D) to socio-economic systems

Which phase of the life cycle is characterized by faith in success, great enthusiasm, willingness to take risks, enormous efficiency, novelty and unusualness of products, market entry, small scale production, and search for investment?

A) childhood

B) registration

B) revival

D) birth

Which phase of the organization's life cycle is characterized by stabilization of the management structure, transition to broad delegation of authority, growth in different directions, increasing the role of specialists, since risk assessment should no longer be intuitive, but based on mathematical calculations, increased income of team members and the emergence of the first conflicts in a team due to income redistribution?

A) maturity

B) stabilization

B) revival

D) youth

43. Which phase of an organization’s life cycle is characterized by the presence of a logical and harmonious management system, the emergence of bureaucracy, its penetration into new production areas, the emergence of “obedient and obsequious” specialists, increasing complacency, division and cooperation of labor, and payment of bonuses for individual results?

A) youth

B) aging

B) becoming

D) maturity

44. The “aging” phase of the organization’s life cycle is characterized by the following features:

A) the rapid development of an enterprise with a very high risk of death

B) defending positions in the market, the burden of mastering new ideas, the penetration of bureaucracy at all levels of management

C) determining the main goal of the enterprise, which is the need to satisfy the interests of consumers and find a new free niche in the market

D) stabilization of the management structure, transition to broad delegation of powers, growth in various areas

What is the purpose of the organization?

A) the final result of completing individual production tasks

B) the result of the organization's activities

C) specific achieved result of activity

D) the final state or expected result of the organization’s activities

59. What is the task (task) of the organization?

A) types of work that must be performed in a certain way and within a specified period

B) types of work

C) working with objects of labor

D) work that workers do to achieve certain goals

What is technology?

A) a means of converting input elements (materials, equipment, raw materials, information, etc.) into output elements (products, products, etc.)

B) a means of converting input elements into initial ones

B) the process of manufacturing initial elements

D) a means of converting raw elements into equipment

61. The set and combination of skills, basic and auxiliary equipment, tools and related knowledge necessary to transform raw materials, consumables and components into products and services is ...

A) technology

B) infrastructure

B) standards

D) fixed assets

What should be understood by organization?

A) a group of people who came together to make a profit

B) a group of people whose activities are coordinated by the relevant governing body

C) a group of people whose activities are consciously coordinated by a leader to achieve a specific goal

D) a group of people who have all united globally and radically into an organization

7. The organization consists of...

A) control and managed subsystems

B) controlled subsystems

B) control systems

D) a management system that ensures profits

8. A structured group of people whose activities are consciously coordinated by a leader to achieve a common goal or group of goals is ...

A) leading team

B) political party

B) organization

Thus, among the signs of labor relations, the fulfillment of a labor function with subordination to the rules of internal labor regulations stands out. In contrast to civil law relations that allow for representation, i.e., when a person with appropriate authority enters into transactions (actions) on behalf of another person, the work performed within the framework of an employment relationship is always personal in nature. Submission to the rules of internal labor regulations means that personal volitional activity is carried out in conditions of cooperative labor. It is cooperative labor that determines the operation of legal norms regulating working hours and rest time, responsibility for non-fulfillment or improper fulfillment of labor duties, i.e. legal institutions specific to labor law. In civil law relations, work is carried out outside the internal labor regulations. The definition of the concept of labor relations also emphasizes the feature of remuneration of labor relations. Performing work according to labor relations in all cases causes a response from the employer - payment of remuneration for the labor expended in the form of wages. The specificity of this remuneration, in contrast to that paid for work outside the framework of the employment relationship, is that it is made for living labor expended and its results. In case of individual work, which is also remunerative in nature, only the result of such activity, services performed, goods manufactured, etc. are paid.

Yu. P. Orlovsky, A. F. Nurtdinova, L. A. Chikanova

From the book: 500 topical questions on the labor code

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