Guarantees according to the Russian Labor Code. Labor Code of the Russian Federation. Guarantees and compensation upon termination of an employment agreement

Thus, this list of types of guarantees and compensation is not exhaustive, especially since labor rights cannot be “torn off” from the guarantees that are enshrined in most sections of the Labor Code of the Russian Federation. Therefore, in this textbook, guarantees and compensation to employees related to the termination of an employment contract (Chapter 27 of the Labor Code of the Russian Federation) are discussed in the chapter “Employment contract”; enshrined in ch. 25 of the Labor Code of the Russian Federation, guarantees and compensation to employees in the performance of state or public duties in relation to trade union bodies and the Labor Union, respectively, are discussed in the chapters on trade unions and on the procedure for considering individual labor disputes, etc. Other types of guarantees and compensation are considered in close connection with the norms related to wages.

Guarantee payments and guarantee surcharges

Guarantee payments and guarantee additional payments are associated with maintaining the employee’s wages in the absence of the employee at work and when there are no results of his work.

Guarantee payments are the retention of wages for an employee (in whole or in part) for the period of failure to fulfill his work duties due to valid reasons established by law. These payments include the following: payment for the time of forced absence of an illegally dismissed employee upon his reinstatement at work or upon changing the wording of the dismissal (Article 374 of the Labor Code of the Russian Federation); payment of severance pay (Article 178 of the Labor Code of the Russian Federation); payments in the amount of average earnings during annual basic and additional paid vacations (Articles 114, 116, etc. of the Labor Code of the Russian Federation), as well as during educational additional (targeted) leaves (Articles 173 - 176 of the Labor Code of the Russian Federation). Guarantee payments also include payment for the time spent performing state or public duties. The employer is obliged, according to Art. 170 of the Labor Code of the Russian Federation, release the employee from work while maintaining his place of work (position) for the duration of the performance of state or public duties, if these duties, in accordance with federal law, must be performed during working hours. In these cases, the body that involves the employee in his work time to the specified duties, makes payments in the amount determined by law, other regulatory legal act or decision of the relevant public association.

In case of temporary disability, the employer pays the employee temporary disability benefits in accordance with Art. 183 of the Labor Code of the Russian Federation and federal law. The rules and conditions for the payment of benefits for temporary disability, as well as the amount and duration of its payment are currently regulated by Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity.”

The rules for calculating benefits for temporary disability are established by the Regulations on the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth, monthly child care benefits for citizens subject to compulsory social insurance in case of temporary disability and in connection with maternity, approved by the Decree of the Government of the Russian Federation dated 15 June 2007 N 375.

In case of damage to the health or death of an employee due to an accident at work in accordance with Art. 184 of the Labor Code of the Russian Federation, the employee (his family) is compensated for his lost earnings (income), as well as expenses for medical, social and professional rehabilitation or corresponding expenses in connection with the death of the employee.

During the medical examination, employees who are required to undergo such an examination in accordance with the Labor Code of the Russian Federation are retained the average earnings at their place of work (Article 185).

On the day of donation of blood and its components, as well as on the day of the associated medical examination, the employee is released from work. After each day of donating blood and its components, the employee is given an additional day of rest, which, at the request of the employee, can be added to the annual paid leave or can be used at other times during calendar year after the day of donating blood and its components. When donating blood and its components free of charge, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this (Article 186 of the Labor Code of the Russian Federation).

When an employer sends an employee to vocational training or additional vocational education outside of work, he retains his place of work (position) and average wage at the main place of work. Employees sent for vocational training or additional vocational education outside of work to another location are paid for travel expenses in the manner and amount provided for persons sent on business trips (Article 187 of the Labor Code of the Russian Federation).

Guarantee additional payments are made in cases established by law: during special breaks included in working hours (Article 109 of the Labor Code of the Russian Federation); with additional breaks for feeding a child (children) under the age of one and a half years (Article 258 of the Labor Code of the Russian Federation); additional payment to employees under the age of 18 with a reduced duration of daily work (Article 271 of the Labor Code of the Russian Federation); additional payment for women working in the districts Far North and areas equivalent to them (Article 320 of the Labor Code of the Russian Federation); when transferring an employee in accordance with a medical report to another lower paid job he retains his previous average earnings for one month from the date of transfer, and in case of transfer due to a work injury, occupational disease or other work-related health damage - until permanent loss of professional ability to work is established or until the employee recovers (Article 182 of the Labor Code RF); when transferring pregnant women and women with children under the age of one and a half years to another job while maintaining average earnings (Article 254 of the Labor Code of the Russian Federation).

Compensation payments

In this paragraph, it seems necessary to sequentially consider each of those cases when the employer is obliged to reimburse the employee for expenses incurred in connection with the performance of his labor function. Unlike guarantee payments, which are established in order to prevent loss or reduction of wages for periods when the employee did not actually work for good reasons, compensation payments aimed at reimbursement of actual costs incurred.

Such cases include reimbursement to the employee of expenses associated with a business trip; with moving to another area; use by an employee of personal property by agreement or with the knowledge of the employer, etc. The list of such cases is not exhaustive.

Compensation payments for business trips are based on the standards provided for in Chapter. 24 Labor Code of the Russian Federation. First of all, in Art. 166 of the Labor Code of the Russian Federation provides the concept of a business trip: a business trip is a trip of an employee by order of the employer to certain period to carry out an official assignment outside the place of permanent work. The duration of a business trip should not exceed 40 days.

The average earnings of an employee on a business trip are retained for all working days of the week according to the schedule established at the place of permanent work, falling during the business trip, as well as for the time spent on the road.

Maintaining a job (position) and average earnings during a business trip is a guarantee established by Art. 167 Labor Code of the Russian Federation. At the same time, reimbursement of expenses associated with a business trip is, on the one hand, a guarantee established by the same article. 167 of the Labor Code of the Russian Federation, and on the other hand, obliges the employer to make compensation payments to reimburse expenses associated with a business trip (Article 168 of the Labor Code of the Russian Federation).

The employer is obliged to reimburse the employee for travel expenses to the place of business trip and back, expenses for renting living quarters, daily allowance, and with the permission of the employer, the employee may be reimbursed for other expenses incurred by him. The employer may give written permission to reimburse additional expenses if they were incurred in the interests of production and he accepted the need for such expenses.

The procedure and amount of reimbursement of expenses related to business trips, are determined by a collective agreement or local regulations, including those of employers - individual entrepreneurs.

The standards for travel expenses are established by Decree of the Government of the Russian Federation of October 2, 2002 N 729 “On the amount of reimbursement of expenses associated with business trips in the territory of Russian Federation, employees who have entered into an employment contract to work in federal government bodies, employees of state extra-budgetary funds of the Russian Federation, federal government agencies".

This Resolution established that reimbursement of expenses associated with business trips on the territory of the Russian Federation to employees who have entered into an employment contract to work in federal government agencies, to employees of state extra-budgetary funds of the Russian Federation, federal government institutions is carried out in the following amounts:

a) expenses for renting residential premises (except for the case when an employee sent on a business trip is provided with free accommodation) - in the amount of actual expenses confirmed by relevant documents, but not more than 550 rubles. per day. In the absence of documents confirming these expenses - 12 rubles. per day;

b) expenses for payment of daily allowance - in the amount of 100 rubles. for each day of being on a business trip;

c) expenses for travel to the place of business trip and back to the place of permanent work (including payment for services for issuing travel documents, expenses for use on trains bedding) - in the amount of actual expenses confirmed by travel documents.

Compensation payments when moving to work in another area are provided for in Art. 169 Labor Code of the Russian Federation. By such a move we mean that an employee moves due to a change of place of work to a permanent residence in another locality according to the existing administrative-territorial division. So, for example, when concluding an employment contract with an employer located in another location, the employee, by prior agreement with this employer, agrees on the types and amounts of compensation associated with the move. An agreement between the employee and the employer is reached before the move and is documented in writing. This type of compensation payment is characterized by the following:

the move must be to another area, i.e. another locality;
an indispensable condition for reimbursement of expenses must be a preliminary agreement (written agreement) between the employee and the employer on reimbursement of expenses caused by the move;
expenses for relocation of the employee and his family members are incurred in the amount of actual costs confirmed by travel documents, or in the amounts that were determined in the specified agreement (contract).

It is necessary to take into account that in the absence of an agreement, reimbursement of expenses is made in an amount not exceeding the cost of travel by rail, water, air or road transport, taking into account the corresponding category of amenities (compartment car, business or economy class, etc.). Other compensation payments are made either by analogy with organizations financed from the federal budget, or in other amounts, but certainly by agreement of the parties employment contract.

For organizations financed from the federal budget, the amount of expenses reimbursed in connection with the relocation of an employee by prior agreement with the employer to work in another area is established by Decree of the Government of the Russian Federation of April 2, 2003 N 187 “On the amount of reimbursement by organizations financed from funds federal budget, expenses for employees in connection with their relocation to work in another area."

These employees are reimbursed for the costs of their relocation and the relocation of their family members, as a rule, in the amount of actual expenses confirmed by travel documents, but not higher than the cost of travel.

Costs for transporting property by rail, water and by car (common use) are reimbursed in the amount of up to 500 kg per employee and up to 150 kg for each moving member of his family in the amount of actual expenses, but not higher than the tariffs provided for the transportation of goods by rail.

Expenses for setting up a new place of residence are reimbursed to the employee in the amount of a monthly official salary (monthly tariff rate) at his new place of work and for each moving member of his family - in the amount of 1/4 of the official salary (1/4 of the monthly tariff rate) at the employee’s new place of work; payment of daily allowance to the employee - in the amount of 100 rubles. for each day of travel to a new place of work.

Expenses for moving members of the employee's family and transporting their property, as well as for arranging them at a new place of residence, are reimbursed if they move to the employee's new place of residence before the expiration of one year from the date of actual provision of living quarters by the employer at the new place of work.

This Resolution stipulates that in two cases the employee is obliged to return in full the funds paid to him in connection with moving to work in another area:

if he did not start work on time without good reason;
if he resigned before the end of the work period specified in the employment contract, and in the absence of a specified period - before the expiration of one year of work at will or was dismissed for guilty actions, which, in accordance with the legislation of the Russian Federation, were the basis for termination of the employment contract.

An employee who does not show up for work or refuses to start work for a valid reason is obliged to return the funds paid to him minus the expenses incurred for moving him and his family members, as well as for transporting property.

Compensation payments for the employee’s use of personal property are made in accordance with Art. 188 Labor Code of the Russian Federation. This article establishes that when an employee uses personal property with the consent or knowledge of the employer and in his interests, the employee is paid compensation for the use, wear and tear (depreciation) of tools, personal transport, equipment and other technical means and materials belonging to the employee, and expenses associated with their use are also reimbursed. The amount of reimbursement of expenses in these cases is determined by agreement between the employee and the employer, expressed in writing.

Decree of the Government of the Russian Federation of July 2, 2013 N 563 approved the Rules for the payment of compensation for the use of personal transport (cars and motorcycles) by federal state civil servants for official purposes and reimbursement of expenses associated with its use. The rules establish the procedure for paying compensation for the use of personal transport (cars and motorcycles) for official purposes and the procedure for reimbursement of expenses associated with the use of said transport for official purposes by federal government civil servants whose official activities involve constant official travel in accordance with their official duties. .

Guarantees and compensation for employees combining work with education

In accordance with Art. 173 of the Labor Code of the Russian Federation for employees sent for training by the employer or who independently entered training in state-accredited bachelor's degree programs, specialty programs or master's programs in part-time and part-time forms of study and who successfully master these programs, the employer provides the following types guarantees and compensation, the volume and content of which vary depending on the form of training:

additional leaves with preservation of the average salary;
additional leaves without pay;
payment for travel once per academic year to the location of the educational organization and back (for correspondence students);
reduction of working hours.

Guarantees and compensations are provided to employees studying in educational institutions of higher education vocational education regardless of their organizational and legal forms, if the educational organization higher education has state accreditation, and the employee himself is successfully trained.

Employees can be considered successfully studying in institutions of higher professional education if they have no academic debt for the previous course or semester, they have completed all tests, coursework, laboratory and other work in accordance with the curriculum and have received credits in all disciplines provided for by the current curriculum semester.

The relevant information can be obtained from a certificate of invitation from an educational organization, which gives the right to provide additional leave and other benefits related to training at the place of work. educational organization higher education with state accreditation. Upon receipt of the summons certificate, the employee has the right to timely receive study leave at his place of work, and the employer has the obligation to provide him with this additional leave upon the employee’s written application.

A similar procedure and conditions for the provision of guarantees and compensation are established in Art. 174 of the Labor Code of the Russian Federation for workers combining work with obtaining secondary vocational education, and workers enrolling in educational programs of secondary vocational education.

Additional study leaves are provided to employees studying on the job in educational institutions of various levels that have state accreditation, regardless of their organizational, legal forms and forms of ownership. Employees who are sent for training by the employer or who independently enter the specified educational institutions and successfully study there are provided with additional leave while maintaining their average earnings. These leaves have a specific purpose: to pass various exams, defend final works, etc. and are often referred to as “targeted educational leaves.” Legal basis for the provision of such leaves and other benefits in connection with on-the-job training are Sec. 26 of the Labor Code of the Russian Federation (Articles 173 - 177), Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation”.

For employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's degree programs, specialty programs or master's programs in part-time and part-time forms of study and who successfully master these programs, the employer provides additional leave with the same average earnings for:

passing intermediate certification in the first and second years, respectively - 40 each calendar days, in each of the subsequent courses, respectively - 50 calendar days (upon mastering educational programs higher education in a shortened period in the second year - 50 calendar days);
passing the state final certification - up to four months in accordance with the curriculum of the higher education educational program mastered by the employee.

In Part 2 of Art. 173 of the Labor Code of the Russian Federation establishes guarantees for this category of students, provided that the university in which the employee is studying has state accreditation. The employer is obliged to provide such employees with the following additional leaves without pay:

for employees admitted to entrance examinations - 15 calendar days;
for employees - students of preparatory departments of educational organizations of higher education to pass the final certification - 15 calendar days;
for employees studying in state-accredited bachelor's degree programs, specialist programs or master's programs in full-time study, combining education with work, for passing intermediate certification - 15 calendar days in the academic year, for preparing and defending the graduation certificate qualifying work and passing the final state exams - four months, for passing the final state exams - one month.

For employees who successfully complete a state-accredited bachelor's degree program, specialist degree program or master's degree program via correspondence education, once per academic year the employer pays for travel to the location of the relevant organization carrying out educational activities, and back.

Employees studying state-accredited bachelor's degree programs, specialist programs or master's programs in part-time and part-time forms of study are given a working week shortened by seven hours for a period of up to 10 academic months before the start of the state final certification. During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not lower than the minimum wage.

Guarantees and compensation for employees who combine work with training in bachelor's degree programs, specialty programs or master's programs that do not have state accreditation are established by a collective agreement or employment contract.

Article 173.1 of the Labor Code of the Russian Federation provides guarantees and compensation for employees completing training programs for scientific and pedagogical personnel in graduate school (postgraduate studies), residency programs and assistant internship programs through correspondence courses. Such employees have the right:

for annual additional leave at the place of work lasting 30 calendar days while maintaining average earnings. In this case, the time spent traveling from the place of work to the place of training and back is added to the employee’s annual additional leave while maintaining average earnings. The specified travel is paid by the employer;
one day off from work per week with payment in the amount of 50% of the salary received. The employer has the right to provide employees, at their request, in the last year of study with no more than two additional days off from work per week without pay.

Employees admitted to compete for the academic degree of Candidate of Sciences or Doctor of Sciences have the right to be granted, in the manner established by the Government of the Russian Federation, additional leave at their place of work for a duration of three and six months, respectively, while maintaining their average earnings.

For employees who successfully complete state-accredited educational programs of secondary vocational education in part-time and part-time forms of study, the employer provides additional leave while maintaining average earnings for:

passing intermediate certification in the first and second years - 30 calendar days, in each of the subsequent courses - 40 calendar days;
passing the state final certification - up to two months in accordance with the curriculum of the educational program of secondary vocational education mastered by the employee.

The employer is obliged to provide leave without pay:

for employees admitted to entrance examinations - 10 calendar days;
for employees mastering state-accredited educational programs of secondary vocational education on full-time basis and combining education with work, for passing intermediate certification - 10 calendar days in the academic year, for passing state final certification - up to two months.

For employees studying educational programs of secondary vocational education through correspondence courses with state accreditation, once per academic year the employer pays for travel to the location of the educational organization and back in the amount of 50% of the cost of travel.

For employees who are mastering state-accredited educational programs of secondary vocational education in full-time and part-time forms of study, within 10 academic months before the start of the state final certification, a working week shortened by seven hours is established at their request. During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not lower than the minimum wage.

Article 176 of the Labor Code of the Russian Federation provides guarantees and compensation for employees receiving basic general education or secondary general education through part-time and part-time education.

For employees who successfully complete state-accredited educational programs of basic general or secondary general education in full-time and part-time forms of study, the employer provides additional leave with preservation of average earnings to pass the state final certification in the educational program of basic general education for a period of nine calendar days, according to the educational program secondary general education for a period of 22 calendar days.

During the academic year, employees who master state-accredited educational programs of basic general or secondary general education in full-time and part-time forms of study are assigned, at their request, a working week shortened by one working day or by the corresponding number of working hours (if the working day is shortened ( shifts) during the week). During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not lower than the minimum wage.

Guarantees and compensations for employees who combine work with the development of non-state accredited educational programs of basic general or secondary general education through part-time and part-time education are established by a collective agreement or an employment contract.

In Art. 177 of the Labor Code of the Russian Federation establishes that guarantees and compensation for employees combining work with training are provided when receiving education for the first time. Such guarantees and compensation may also be provided to employees who already have a professional education of the appropriate level and are sent to receive education by the employer in accordance with an employment contract or student agreement concluded in writing between the employee and the employer.

By agreement between the employer and the employee, annual paid leave may be added to additional educational leave. If an employee combines work with training simultaneously in two educational institutions, then guarantees and compensation are provided only in connection with training in one of these educational organizations.

The concept of guarantees and labor rights of an employee

According to the Labor Code of the Russian Federation, guarantees are the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and social security is ensured. labor relations. The purpose of applying the guarantees established by law is to exercise the rights of employees. Based on this, we can say that guarantees perform a security function in relation to the rights of workers.

In labor legislation, guarantees and compensation are divided into: general and special.

General guarantees include:

when applying for a job;
when transferring to another job;
when paying for labor;
upon termination of an employment contract, etc.

In addition to general guarantees, as mentioned above, employees are provided with special guarantees in the following cases:

business trip assignments;
moving to work in another area;
performance of public or state duties;
combining training with work;
termination of work through no fault of the employee;
termination of work for certain reasons;
provision of annual paid leave;
issuance delays work book employee through the fault of the employer.

This list of guarantees is not exhaustive, since there is a list of additional guarantees that are established in agreements, collective agreements, employment contracts and local acts of the organization. In Fig. 1 shows the main types of guarantees.

Figure 1. Types of guarantees in labor legislation

Source of financing guarantees and compensation for workers may be either the funds of the employer, or the funds of bodies and organizations in whose interests the employee performs state or public duties.

Legal regulation of the conditions for providing guarantees and compensation is based on federal laws and regulations. An employee’s labor rights arise after he has entered into an employment contract with the employer.

The basic rights of an employee are:

provision of work according to the function specified in the employment contract;
the right to working conditions that meet established standards;
the right to receive remuneration for one’s work.

Employee rights are of a property and non-property nature.

Property and non-property guarantees to employees

The guarantees that exist for the exercise of employee rights can also be of a property or non-property nature.

Definition 1

Non-property guarantees– these are guarantees that do not have a certain value for the employee. For example, if an employee is absent from work due to a failure to pay wages on time, he is guaranteed to retain his job, the same working conditions, and the non-disclosure of his personal data.

During the period of absence of an employee from the workplace due to non-payment of wages, he is guaranteed the preservation of his average wage. This guarantee is of a property nature, because the employee is provided with property in the form of cash.

Non-property guarantees have a distinctive feature, which is their connection with the employee’s place of work. The main task of non-property guarantees is that they must ensure that the employee maintains his previous working conditions, including workplace. In this regard, the main non-property guarantee is that the employee is provided with the same place of work after his absence from the workplace for valid reasons, which are recognized as such by law, for example, if the terms of payment of wages are violated.

Property guarantees are associated with the employee’s right to receive payment for his work. Therefore, they are always related to the employee’s average salary. Thus, property guarantees have a direct connection with the employee’s earnings.

In accordance with all of the above, the main legally significant circumstances characterizing legal concept guarantees under labor legislation.

Established in legislation, collective agreements and agreements, local acts of the organization and employment contracts.
Ensuring labor rights provided for by law.
Ensuring the rights provided for by law.

Note 1

So, guarantees have a direct connection with ensuring the rights arising in labor relations. But ensuring the labor rights of workers can continue even after the termination of employment relations. For example, in case of non-compliance with the rules of conduct established by law, the employer must be compensated for moral damage and losses caused.

Workers' compensation under labor law

Compensation is considered to be monetary payments that are established for the purpose of reimbursing employees for the costs associated with the direct performance of their work. labor functions or with relocation when transferring to work in another area.

The main purpose of compensation payments is to reimburse the employee for expenses that he incurred in connection with the performance of his work duties or while moving to a new place of work. Also, compensation payments are made during business trips, when sent to work after completing the relevant professional educational institution, when the employee uses personal tools or Vehicle while performing their work duties.

In some cases, compensation payments are made together with guarantee payments. But there are cases when compensation payments are not related to employee costs and can be presented instead of guarantees, for example, in the case of replacing part of the vacation with cash compensation. In some cases, the law allows the simultaneous provision of both guarantees and compensation to the employee. An example of such a case is the donation of blood and its components.

To summarize all that has been said, we note that most guarantees and compensations can be combined into the following groups (Fig. 2):

depending on the actions of the employer;
related to the employee’s rights to shortened working hours and paid leave;
not dependent on production, but necessary for society and the state;
related to the combination of work and training of an employee;
other guarantees and compensation.

Figure 2. Main groups of guarantees and compensations in labor legislation

New edition of Art. 165 Labor Code of the Russian Federation

In addition to the general guarantees and compensations provided for by this Code (guarantees for hiring, transfer to another job, wages, etc.), employees are provided with guarantees and compensation in the following cases:

when sent on business trips;

when moving to work in another area;

when performing state or public duties;

when combining work with education;

in case of forced cessation of work through no fault of the employee;

when providing annual paid leave;

in some cases, termination of an employment contract;

due to a delay due to the employer’s fault in issuing a work book upon dismissal of an employee;

in other cases provided for by this Code and other federal laws.

When guarantees and compensation are provided, the corresponding payments are made at the expense of the employer. Bodies and organizations in whose interests the employee performs state or public duties (jurors, donors, members of election commissions and others) make payments to the employee in the manner and on the terms provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation . In these cases, the employer releases the employee from his main job for the period of performance of state or public duties.

Commentary on Article 165 of the Labor Code of the Russian Federation

Guarantee payments

As mentioned above, guarantee payments can be made to employees in cases of release from work:

In connection with the performance of state or public duties (Article 170 of the Labor Code of the Russian Federation);

In connection with a mandatory medical (examination) examination (Article 185 of the Labor Code of the Russian Federation);

In cases of blood donation by donors (Article 186 of the Labor Code of the Russian Federation);

And in some other cases.

During the performance of state or public duties, if, according to current legislation, these duties must be carried out during working hours, employees are guaranteed retention of their place of work (position). For example, the employer must release the employee from work to appear when summoned to the bodies of inquiry, preliminary investigation, to the prosecutor and to the court as a witness, victim, expert, specialist, translator, attesting witness, as well as to participate in court hearings as a people's assessor, public prosecutor and public defender, representative public organizations and labor collectives.

Guarantee payments in these cases are made by the body that engages the employee to perform such duties. For example, by the Federal Law “On People's Assessors of Federal Courts of General Jurisdiction in the Russian Federation” dated January 2, 2000, during the period of performance of his duties in the administration of justice at his main place of work, the people's assessor retains the average salary, as well as the guarantees and benefits provided for by law . During the participation of a people's assessor in the administration of justice, the relevant court pays him, at the expense of federal budget funds, a compensation in the amount of one-fourth of the official salary of a judge of this court.

According to Article 131 of the Tax Code of the Russian Federation, witnesses, translators, specialists, experts and attesting witnesses are reimbursed for travel expenses, rental accommodation, and are paid daily allowances incurred in connection with their appearance at the tax authority. Employees called to the tax authority as witnesses are retained their wages at their main place of work during their absence from work in connection with their appearance at the tax authority. Translators, specialists and experts receive remuneration for work performed by them on behalf of the tax authority, if this work is not part of their official duties. Amounts due to witnesses, translators, specialists, experts and attesting witnesses are paid by the tax authority upon the performance of their duties. The standards for payment of monetary remuneration for translators, specialists and experts involved in participation in tax control activities were approved by the Resolution of the Ministry of Labor of the Russian Federation of February 18, 2000.

Labor Code The Russian Federation (Article 186) has established guarantees for employees who are donors, provided for by the Law of the Russian Federation “On the Donation of Blood and Its Components” dated June 9, 1993. On the day of donation of blood and its components, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components, he is given another day of rest at his request. Employees who are donors are given an additional day of rest immediately after each day of blood donation. At the request of the employee, this day is added to the annual leave. When donating blood and its components free of charge, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this. In case of donation of blood and its components during the period annual leave, on a weekend or holiday, the donor, at his request, is given another day of rest or the day of blood donation is paid at least double the amount.

In addition, guarantee payments may be made upon termination of the employment contract. Thus, guarantee payments include payment for forced absenteeism and the period of delay in issuing a work book due to the employer’s fault (Article 234 of the Labor Code of the Russian Federation), preservation of average earnings for the period of employment for employees dismissed due to the liquidation of the organization or reduction in the number or staff of employees ( Article 178 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation provides for various guarantee payments to employees who combine work with training.

For employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms, through correspondence and part-time (evening) forms of study, who successfully study in these institutions, the employer provides additional leave with the preservation of the average earnings for:

passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the main educational programs of higher professional education in a shortened time in the second year - 50 calendar days);

preparation and defense of final qualifying work and passing final state exams - four months;

The employer is obliged to provide:

employees admitted to entrance examinations in educational institutions of higher professional education - 15 calendar days;

employees - students of preparatory departments educational institutions higher professional education for passing final exams - 15 calendar days;

employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - four months, for passing final state exams - one month.

For employees who successfully study via correspondence courses in educational institutions of higher professional education with state accreditation, the employer pays for travel to the location of the relevant educational institution and back once per academic year.

Workers studying through part-time and part-time (evening) forms of study in educational institutions of higher professional education with state accreditation for a period of ten academic months before starting a diploma project (work) or passing state exams are given a working week, at their request, reduced by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than minimum size wages.

By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensations for employees who combine work and study in educational institutions of higher professional education that do not have state accreditation are established by a collective agreement or an employment contract.

For employees sent for training by the employer or who independently entered educational institutions of secondary vocational education with state accreditation, regardless of their organizational and legal forms, in correspondence and part-time (evening) forms of education, who successfully study in these institutions, the employer provides additional leave with the preservation of average earnings for:

passing intermediate certification in the first and second years - 30 calendar days, in each of the subsequent courses - 40 calendar days;

preparation and defense of final qualifying work and passing final state exams - two months;

passing the final state exams - one month.

The employer is obliged to provide leave without pay:

for employees admitted to entrance examinations at state-accredited educational institutions of secondary vocational education - 10 calendar days;

employees studying in state-accredited educational institutions of secondary vocational education on a full-time basis, combining study with work, for passing intermediate certification - 10 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - two months, for passing the final exams - one month.

For employees studying by correspondence in educational institutions of secondary vocational education with state accreditation, once per academic year the employer pays for travel to the location of the specified educational institution and back in the amount of 50 percent of the cost of travel.

For employees studying full-time, part-time (evening) and correspondence courses in educational institutions of secondary vocational education with state accreditation, within 10 academic months before starting a diploma project (work) or passing state exams, a working week is established at their request, shortened by 7 o'clock. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, concluded in writing, a reduction in working hours is carried out by providing the employee with one day off from work per week or by reducing the duration of the working day (shift) during the week.

Guarantees and compensations for employees who combine work with study in educational institutions of secondary vocational education that do not have state accreditation are established by a collective agreement or an employment contract.

Employees who successfully study in state-accredited educational institutions of primary vocational education, regardless of their organizational and legal forms, are provided with additional leave while maintaining average earnings to take exams for 30 calendar days within one year.

Guarantees and compensations for employees who combine work with study in educational institutions of primary vocational education that do not have state accreditation are established by a collective agreement or an employment contract.

Workers who successfully study in evening (shift) courses with state accreditation educational institutions Regardless of their organizational and legal forms, the employer provides additional leave with preservation of average earnings for passing final exams in grade IX - 9 calendar days, in grade XI (XII) - 22 calendar days.

Guarantees and compensations for employees who combine work with study in evening (shift) educational institutions that do not have state accreditation are established by a collective agreement or an employment contract.

During the academic year, employees studying in evening (shift) general education institutions are given a working week, at their request, shortened by one working day or by the corresponding number of working hours (if the working day (shift) is shortened during the week). During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

Guarantees and compensations for employees combining work with training are provided when receiving education at the appropriate level for the first time. The specified guarantees and compensations can also be provided to employees who already have a professional education of the appropriate level and are sent for training by the employer in accordance with an employment contract or training agreement concluded between the employee and the employer in writing.

An employee who combines work with studying simultaneously in two educational institutions is provided with guarantees and compensation only in connection with studying in one of these educational institutions (at the employee’s choice).

Guarantee surcharges

In addition to guarantee payments, the legislation also provides for guarantee additional payments. Such additional payments include, in particular, additional payments for downtime, additional payments when transferring to a lower-paid job, and some others.

So, labor legislation Guarantee additional payments are provided due to the transfer of an employee to a lower-paid job for health reasons on the basis of a medical report, as well as in connection with a work injury or occupational disease (Article 182 of the Labor Code of the Russian Federation). By general rule when transferring an employee who, in accordance with a medical report, needs to be provided with another job, to another permanent lower-paid job with a given employer, his previous average earnings are retained for one month from the date of transfer. If such a deterioration in health was caused by a work injury, occupational disease or other work-related health damage, then earnings from the previous job are retained until a permanent loss of professional ability is established or until the employee recovers.

A special case of transfer for health reasons is the provision of more easy work a pregnant woman or a woman who has a child under the age of one and a half years (Article 254 of the Labor Code of the Russian Federation). Such a transfer can take place upon their request if there is a medical certificate confirming the need for easier work (or a reduction in labor standards). At the same time, they retain the average earnings from their previous job for the entire duration of the transfer. Until the issue of providing a pregnant woman with other work that excludes the impact of adverse production factors, she is subject to release from work with preservation of average earnings for all working days missed as a result at the expense of the employer.

Compensation payments

Compensation payments are made to reimburse the employee for expenses incurred in connection with the performance of his work duties. This may occur when traveling on business, when an employee uses his or her tools, vehicles and other property when performing work duties, etc.

A business trip, according to Article 166 of the Labor Code of the Russian Federation, is a trip by an employee, by order of the employer, for a certain period of time to another location to perform a work assignment outside the place of his permanent work. However, business trips of employees whose permanent work takes place on the road are not considered business trips (for example, train conductors). It must be borne in mind that current legislation prohibits sending some employees on business trips, for example, pregnant women, employees under the age of 18. Sending on business trips women with children under the age of 3 years, workers with disabled children or people disabled since childhood (until they reach the age of 18), as well as for workers caring for sick members of their families, is allowed only with their written consent.

According to Article 167 of the Labor Code of the Russian Federation, when an employee is sent on a business trip, he is guaranteed to retain his place of work (position) and average earnings, as well as reimbursement of expenses associated with the business trip (compensation payments). In particular, employees sent on business trips are paid:

daily allowance for the time spent on a business trip;

travel expenses to and from your destination;

living expenses.

The procedure and amount of reimbursement of expenses related to business trips are determined by a collective agreement or local normative act organizations. However, the amounts of such compensation payments cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget. Currently, the Decree of the Government of the Russian Federation “On the amount of reimbursement of expenses associated with business trips on the territory of the Russian Federation to employees of organizations financed from the federal budget” dated October 2, 2002 N 729 is applied. According to this normative act, the following standards for reimbursement of expenses are established in connection with a business trip:

Expenses for hiring residential premises (except for the case when an employee sent on a business trip is provided with free accommodation) - in the amount of actual expenses confirmed by relevant documents, but not more than 550 rubles per day. In the absence of documents confirming these expenses - 12 rubles per day;

Daily allowance - in the amount of 100 rubles for each day of being on a business trip;

Travel expenses to the place of business trip and back to the place of permanent work (including insurance premium for compulsory personal insurance of passengers in transport, payment for services for issuing travel documents, expenses for using bedding on trains) - in the amount of actual expenses confirmed by travel documents.

At the same time, this act sets limits on the cost of travel. For example, by rail - in a compartment carriage of a fast branded train.

In accordance with Article 168.1 of the Labor Code of the Russian Federation, employees whose permanent work is carried out on the road or have a traveling nature, as well as employees working in the field or participating in work of an expeditionary nature, the employer compensates for the following related to business trips:

travel expenses;

expenses for renting residential premises;

additional expenses associated with living outside the place of permanent residence (daily allowance, field allowance);

other expenses incurred by employees with the permission or knowledge of the employer.

The amount and procedure for reimbursement of expenses associated with business trips of employees specified in part one of this article, as well as the list of jobs, professions, positions of these employees are established by a collective agreement, agreements, and local regulations. The amount and procedure for reimbursement of these expenses may also be established by the employment contract.

Guarantees and compensation when moving to another area

When moving to another area by agreement with the employer (for example, when transferring to another job), employees are paid:

The cost of travel for the employee and his family members (except when the employer provides appropriate means of transportation);

Costs for transporting property;

Daily allowance for each day of travel;

A one-time benefit for the employee himself and for each moving family member;

Wages for the days of preparation for travel and placement at a new place of residence, but not more than six days, as well as for the time spent on the road.

For employees budgetary sphere the specified guarantees and compensations when moving to work in another area are provided in the manner established by the Decree of the Government of the Russian Federation "On the amount of compensation by organizations financed from the federal budget for expenses of employees in connection with their move to work in another area" dated April 2, 2003 No. 187. In relation to employees of other organizations (commercial), the amount of reimbursement of expenses is determined by agreement of the parties to the employment contract, but cannot be lower than the amount established by this regulatory framework. legal act.

According to the above-mentioned Decree of the Government of the Russian Federation, reimbursement of expenses to employees when moving to work in another area (to another locality according to the existing administrative-territorial division) includes:

Relocation expenses for the employee and his family members - in the amount of actual expenses confirmed by travel documents;

Expenses for transporting property by rail, water and road transport (public) in the amount of up to 500 kilograms per employee and up to 150 kilograms for each moving member of his family - in the amount of actual expenses, but not higher than the tariffs provided for the transportation of goods by rail;

Expenses for settling into a new place of residence: for an employee - in the amount of the monthly official salary (monthly tariff rate) at his new place of work and for each moving member of his family - in the amount of one-fourth of the official salary (one-fourth of the monthly tariff rate);

The employee is paid daily allowance in the amount of 100 rubles for each day of travel to a new place of work.

If it is impossible to accurately determine in advance the amount of expenses to be reimbursed in connection with the employee’s relocation, he is given an advance.

In this case, the employee is obliged to return in full the funds paid to him in connection with moving to work in another area in the event of:

If he does not start work on time without a valid reason (minus the expenses incurred for moving him and his family members, as well as for transporting property);

If, before the expiration of one year of work (or before the end of the work period specified in the employment contract), he resigned of his own free will without a good reason or was fired for guilty actions.

In some cases, current legislation provides for other compensation payments to employees. These include, for example, compensation provided for in Article 188 of the Labor Code of the Russian Federation for wear and tear of tools belonging to employees. In particular, workers using their tools to implement labor activity, have the right to receive compensation for wear and tear (depreciation) of their tools. The amount and procedure for payment of this compensation are determined by agreement between the employee and the employer, unless the amount and procedure for payment of compensation are established centrally. Such standards are established, for example, by the Decree of the Government of the Russian Federation “On establishing standards for the expenses of organizations for the payment of compensation for the use of personal passenger cars and motorcycles, within which, when determining tax base for corporate income tax, such expenses are classified as other expenses associated with production and sales" dated February 8, 2002, No. 92.

The Law of the Russian Federation "On Education" dated July 10, 1992 N 3266-1 provides for monetary compensation teaching staff educational institutions in order to facilitate their provision of book publishing products and periodicals in the amount of 150 rubles - in educational institutions of higher professional education and corresponding additional professional education, in the amount of 100 rubles - in other educational institutions.

An application for restoration of violated rights (compensation for material and moral damage) can be submitted to the court, as well as to the federal labor inspectorate.

Another comment on Art. 165 Labor Code of the Russian Federation

1. Guarantees and compensations provided to employees may be established:

In Sect. VII TC;

In other sections of the Labor Code;

In other federal laws.

2. Among the guarantees and compensations provided on the basis of section. VII TC, include:

Guarantees and compensation when sending an employee on a business trip and when moving to work in another area (see Chapter 24 of the Labor Code of the Russian Federation and the commentary thereto);

Guarantees and compensation when employees perform state or public duties (see Chapter 25 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees and compensation for employees combining work with training (see Chapter 26 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees and compensation to employees related to termination of an employment contract (see Chapter 27 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees and compensation when transferring an employee to another permanent job, in case of temporary disability, in connection with an accident at work, when undergoing a mandatory medical examination, performing donor functions, during advanced training, using the employee’s property in the interests of the employer (see Chapter 28 of the Labor Code RF and commentary to it).

3. The guarantees and compensation provided for in other sections of the Labor Code include:

Guarantees for wages (see Chapter 21 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees in the field of labor regulation (see Article 159 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees of the right of workers to work in conditions that meet labor protection requirements (see Article 220 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees for women and persons with family responsibilities (see Chapter 41 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees for minor workers (see Chapter 42 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees and compensations for persons working part-time (see Article 287 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees and compensations for persons working on a rotational basis(see Article 302 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees and compensation for persons working in the Far North and equivalent areas (see Chapter 50 of the Labor Code of the Russian Federation and commentary thereto);

Guarantees and compensation for employees sent to work in representative offices of the Russian Federation abroad (see Article 340 of the Labor Code of the Russian Federation);

Guarantees for employees who are members of elected trade unions collegial bodies and not exempt from the main job (see Article 374 of the Labor Code of the Russian Federation and the commentary thereto), as well as exempt trade union workers (see Article 375 of the Labor Code of the Russian Federation and the commentary thereto);

Guarantees for employees in connection with a strike (see Article 414 of the Labor Code of the Russian Federation and commentary thereto).

4. The guarantees and compensations in the field of social and labor relations provided for in other federal laws include:

Guarantees for citizens undergoing alternative civil service, on the basis of the Federal Law of July 25, 2002 N 113-FZ (as amended on July 6, 2006) “On Alternative Civil Service”;

Guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site, on the basis of the Federal Law of January 10, 2002 N 2-FZ (as amended on December 29, 2004) “On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site";

Guarantees for employees of open joint stock companies created by privatization on the basis of Art. 17 Federal Law of December 21, 2001 N 178-FZ (as amended on May 10, 2007) “On the privatization of state and municipal property”;

Guarantees for persons under dispensary observation in connection with tuberculosis, and patients with tuberculosis on the basis of the Federal Law of June 18, 2001 N 77-FZ (as amended on August 22, 2004) “On preventing the spread of tuberculosis in the Russian Federation”;

Guarantees for citizens engaged in work with chemical weapons and citizens who have acquired an occupational disease in these works, on the basis of the Federal Law of November 7, 2000 N 136-FZ (as amended on August 22, 2004) “On the social protection of citizens working with chemical weapons";

Guarantees for judges and court staff on the basis of the Federal Law of January 10, 1996 N 6-FZ (as amended on August 22, 2004) “On additional guarantees social protection judges and employees of the courts of the Russian Federation";

Guarantees for employees engaged in heavy work and work with hazardous and (or) harmful conditions labor for the extraction (processing) of coal, on the basis of the Federal Law of June 20, 1996 N 81-FZ (as amended on June 12, 2006) "On government regulation in the field of coal mining and use, on the features of social protection of employees of coal industry organizations."

5. In accordance with Part 2 of Art. 165 of the Labor Code of the Russian Federation, guarantees and compensation to employees are provided at the expense of the employer. An exception to this rule is guarantee payments to employees involved in the performance of state or public duties. In this case, the employer is obliged to release the employee from work, and payments to employees are made by those bodies and organizations in whose interests the employee performed state or public duties. On providing employees with guarantees and compensation in these cases, see Art. 170 of the Labor Code of the Russian Federation and commentary to it.

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Chapter 24 of the Labor Code of the Russian Federation. Guarantees when sending employees on business trips, other business trips and moving to work in another area ›

Chapter 23. GENERAL PROVISIONS

Article 164. Concept of guarantees and compensation

Guarantees are the means, methods and conditions by which the implementation of the rights granted to employees in the field of social and labor relations is ensured.

Compensations are monetary payments established to reimburse employees for costs associated with the performance of their labor or other duties provided for by federal law.

Article 165. Cases of providing guarantees and compensation

when sent on business trips;

when moving to work in another area;

when performing state or public duties;

when combining work with training;

in case of forced cessation of work through no fault of the employee;

when providing annual paid leave;

in some cases, termination of an employment contract;

due to a delay due to the employer’s fault in issuing a work book upon dismissal of an employee;

in other cases provided for by this Code and other federal laws.

When guarantees and compensation are provided, the corresponding payments are made at the expense of the employer. Bodies and organizations in whose interests the employee performs state or public duties (jurors, donors and others) make payments to the employee in the manner and under the conditions provided for by this Code, federal laws and other regulatory legal acts of the Russian Federation. In these cases, the employer releases the employee from his main job for the period of performance of state or public duties.

Chapter 24. GUARANTEES WHEN SENDING EMPLOYEES ON BUSINESS TRAVELS AND MOVING TO WORK IN ANOTHER LOCATION

Article 166. The concept of a business trip

A business trip is a trip by an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work. Business trips of employees whose permanent work is carried out on the road or has a traveling nature are not recognized as business trips.

Article 167. Guarantees when sending employees on business trips

When an employee is sent on a business trip, he is guaranteed to retain his place of work (position) and average earnings, as well as reimbursement of expenses associated with the business trip.

Article 168. Reimbursement of expenses associated with a business trip

If sent on a business trip, the employer is obliged to compensate the employee for:

travel expenses;

expenses for renting residential premises;

additional expenses associated with living outside the place of permanent residence (per diem);

other expenses incurred by the employee with the permission or knowledge of the employer.

The procedure and amount of reimbursement of expenses related to business trips are determined by a collective agreement or local regulations of the organization. In this case, the amount of compensation cannot be lower than the amount established by the Government of the Russian Federation for organizations financed from the federal budget.

Article 169. Reimbursement of expenses when moving to work in another area

When an employee moves, by prior agreement with the employer, to work in another area, the employer is obliged to compensate the employee for:

expenses for moving the employee, members of his family and transporting property (except for cases where the employer provides the employee with appropriate means of transportation);

expenses for settling into a new place of residence. Specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract, but cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget.

Chapter 25. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES WHEN THEY PERFORM STATE OR PUBLIC DUTIES

Article 170. Guarantees and compensations for employees involved in the performance of state or public duties

The employer is obliged to release the employee from work while maintaining his place of work (position) for the duration of his performance of state or public duties in cases where, in accordance with federal law, these duties must be performed during working hours.

The state body or public association that involved the employee in the performance of state or public duties, in the cases provided for in part one of this article, pays the employee compensation for the period of performance of these duties in the amount determined by law, other regulatory legal acts or a decision of the relevant public association.

Article 171. Guarantees for employees elected to trade union bodies and labor dispute commissions

Guarantees for employees elected to trade union bodies and not exempt from performing labor duties, and the procedure for dismissal of these employees are determined by the relevant sections of this Code.

Members of labor dispute commissions are given time off from work to participate in the work of the said commission while maintaining their average earnings.

The procedure for dismissal of employees elected to labor dispute commissions is determined by Article 373 of this Code.

Article 172. Guarantees for employees elected to elective positions in state bodies and bodies local government

Guarantees for employees released from work as a result of their election to elective positions in state bodies and local self-government bodies are established by laws regulating the status and procedure of activities of these persons.

Chapter 26. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES COMBINING WORK WITH TRAINING

Article 173. Guarantees and compensations for employees combining work with study in educational institutions of higher professional education, and employees entering these educational institutions

preparation and defense of final qualifying work and passing final state exams - four months;

employees admitted to entrance examinations in educational institutions of higher professional education - 15 calendar days;

employees - students of preparatory departments of educational institutions of higher professional education for passing final exams - 15 calendar days;

For employees studying by correspondence in educational institutions of higher professional education with state accreditation, the employer pays for travel to the location of the relevant educational institution and back once per academic year.

Article 174. Guarantees and compensations for employees studying in educational institutions of secondary vocational education, and for employees entering these educational institutions

passing intermediate certification in the first and second years, respectively - 30 calendar days, in each of the subsequent courses, respectively - 40 calendar days;

preparation and defense of final qualifying work and passing final state exams - two months;

passing the final state exams - one month.

The employer is obliged to provide leave without pay:

for employees admitted to entrance examinations at state-accredited educational institutions of secondary vocational education - 10 calendar days;

For employees studying full-time, part-time (evening) and correspondence courses in educational institutions of secondary vocational education with state accreditation, for ten academic months before starting a diploma project (work) or passing state exams, a working week is established at their request, shortened by 7 o'clock. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

Article 175. Guarantees and compensations for employees studying in educational institutions of primary vocational education

Article 176. Guarantees and compensations for employees studying in evening (shift) educational institutions

For employees who successfully study in evening (shift) general educational institutions with state accreditation, regardless of their organizational and legal forms, the employer provides additional leave with preservation of average earnings for passing final exams in grade IX - 9 calendar days, in grade XI (XII) - 22 calendar days.

During the academic year, workers studying in evening (shift) general education institutions are given a working week, at their request, shortened by one working day or by the corresponding number of working hours (if the working day is shortened during the week). During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

Article 177. The procedure for providing guarantees and compensation to employees combining work with training

Guarantees and compensations for employees combining work with training are provided when receiving education at the appropriate level for the first time.

TO additional holidays, provided for in Articles 173 of this Code, by agreement of the employer and employee, annual paid vacations may be added.

Chapter 27. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES RELATED TO TERMINATION OF AN EMPLOYMENT CONTRACT

Article 178. Severance pay

Upon termination of an employment contract due to the liquidation of an organization (clause 1 of Article 81) or a reduction in the number or staff of the organization's employees (clause 2 of Article 81), the dismissed employee is paid severance pay in the amount of average monthly earnings, and he is also retained the average monthly earnings for the period of employment , but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

Severance pay in the amount of two weeks' average earnings is paid to employees upon termination of an employment contract due to:

the employee’s inadequacy for the position held or the work performed due to a health condition that prevents the continuation of this work (subparagraph “a” of paragraph 3 of Article 81);

calling up an employee for military service or sending him to an alternative civilian service that replaces it (clause 1 of Article 83);

reinstatement of the employee who previously performed this work (clause 2 of Article 83);

the employee’s refusal to transfer due to the employer’s relocation to another location (clause 9 of Article 77).

An employment contract or collective agreement may provide for other cases of payment of severance pay, as well as establish increased sizes severance pay.

Article 179. Preferential right to remain at work when reducing the number or staff of an organization’s employees

When the number or staff of an organization's employees is reduced, priority right to remain at work is given to employees with higher labor productivity and qualifications.

With equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood); persons in whose family there are no other independent workers; employees who received a work injury or occupational disease in this organization; disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work.

The collective agreement may provide for other categories of employees of the organization who enjoy a preferential right to remain at work with equal productivity and qualifications.

Article 180. Guarantees and compensation to employees in the event of liquidation of an organization, reduction of the number or staff of employees of the organization

When carrying out measures to reduce the number or staff of an organization’s employees, the employer is obliged to offer the employee another available job (vacant position) in the same organization that corresponds to the employee’s qualifications.

Employees are notified by the employer personally and against signature of the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees, at least two months before the dismissal.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him without notice of dismissal two months in advance, while simultaneously paying additional compensation in the amount of two months' average earnings.

If there is a threat of mass layoffs, the employer, taking into account the opinion of the elected trade union body, takes the necessary measures provided for by this Code, other federal laws, a collective agreement, and an agreement.

Article 181. Guarantees to the head of the organization, his deputies and the chief accountant upon termination of the employment contract due to a change in the owner of the organization

In the event of termination of the employment contract with the head of the organization, his deputies and the chief accountant in connection with a change in the owner of the organization, the new owner is obliged to pay compensation to these employees in the amount of not less than three average monthly earnings of the employee.

Chapter 28. OTHER GUARANTEES AND COMPENSATIONS

Article 182. Guarantees when transferring an employee to another permanent lower-paid job

When transferring an employee who, in accordance with a medical certificate, needs to be provided with another job, to another permanent lower-paid job in a given organization, he retains his previous average earnings for one month from the date of transfer, and when transferring due to a work injury, occupational disease or other work-related health damage - until a permanent loss of professional ability to work is established or until the employee recovers.

Article 183. Guarantees for an employee in case of temporary disability

In case of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal law.

The amount of temporary disability benefits and the conditions for their payment are established by federal law.

Article 184. Guarantees and compensation in case of accident at work and occupational disease

In case of damage to health or in the event of death of an employee as a result of an accident at work or an occupational disease, the employee (his family) is compensated for his lost earnings (income), as well as additional expenses associated with damage to health for medical, social and professional rehabilitation or corresponding expenses in connection with death of an employee.

The types, volumes and conditions for providing guarantees and compensation to employees in these cases are determined by federal law.

Article 185. Guarantees for employees sent for medical examination

During the medical examination, employees who are required to undergo such an examination in accordance with this Code shall retain the average salary at their place of work.

Article 186. Guarantees and compensation to employees in case they donate blood and its components

On the day of donation of blood and its components, as well as on the day of the associated medical examination, the employee is released from work.

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of heavy work and work with harmful and (or) dangerous conditions labor, when the employee’s going to work on that day is impossible), he is given another day of rest at his request.

In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request.

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time during the calendar year after the day of donation of blood and its components.

When donating blood and its components free of charge, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this.

Article 187. Guarantees and compensations for employees sent by the employer for advanced training

When an employer sends an employee to improve his qualifications outside of work, he retains his place of work (position) and the average salary at his main place of work. Employees sent to improve their qualifications while taking time off work to another location are paid for travel expenses in the manner and amount provided for persons sent on business trips.

Article 188. Reimbursement of expenses when using personal property of an employee

When an employee uses personal property with the consent or knowledge of the employer and in his interests, the employee is paid compensation for the use, wear and tear (depreciation) of tools, personal vehicles, equipment and other technical means and materials belonging to the employee, as well as reimbursement of expenses associated with their use. The amount of reimbursement of expenses is determined by agreement of the parties to the employment contract, expressed in writing.

Basic social guarantees and compensations that you must provide to employees under the Labor Code of the Russian Federation:

Providing and paying for sick leave.
Provision and payment of annual leave (28 days).
Social insurance.
Payment for travel allowances.
At traveling nature work payment of transportation costs.
When combining work with training. Compensation must be paid for the duration of the training.
Compensation for forced cessation of work through no fault of the employee.
Compensation when an employee is demoted or transferred to a job with a lower salary.
Compensation if an accident occurs at work.
In certain cases, termination of an employment contract.
If you yourself have sent an employee for advanced training, then you must compensate him for his absence from the workplace.
Compensation for medical examinations.
Compensation if a person becomes temporarily disabled.

Also, the Labor Code of the Russian Federation (Article 170) stipulates guarantees for employees performing state or public duties, for example, donating blood or acting as a witness in court.

You need to remember that these are mandatory guarantees and are not optional. social security. If you operate in the teaching field, then you need to know the following: after every 10 years of continuous work, employees have the right to a year of vacation to write educational literature. They can be provided with either a full or partial salary for the period of vacation, or the teacher can be released “with nothing.” All this is provided at the request of the employee, and you determine the form of payment based on the appropriate recommendation of the council.

I would like to note that social support for staff can be provided through a written collective agreement, which will guarantee safe working conditions. Various compensations are spelled out there: what, for what, why. Each organization has its own regulations on social support workers.

Social support for staff can be provided through a written collective agreement, which will guarantee safe working conditions.

Women with children

You probably know that denying a woman with a child a job is at least illegal. There are a few more rules regarding this topic:

If an applicant comes to you and her child is under 1.5 years old, then a job test is not arranged for her.
If your employee’s child is under 3 years old or she is the mother of a disabled child, then call her to work in night shift or overtime you can only with her written consent.
If an employee is on maternity leave, she has the right to go to work part-time or do work from home. In this case, the benefit must remain.
If the child of a woman working for you is not yet 1.5 years old, then, in addition to the main lunch break, she should also be given breaks to feed the child every three hours lasting at least 30 minutes. In cases where there are two or more children, then at least one hour.
During the period of maternity leave, you are obliged to maintain the employee’s job without interruptions in her work experience. .

Motivational or additional package

Everything that is not in the law is additional social guarantees. This may include gifts that your company gives to the children of employees on New Year, as well as employees on certain calendar holidays. Gifts from the company for a birthday, wedding, birth of a child, etc. Theater and movie tickets can also motivate an employee. There is an option such as additional payment for length of service. Can also be offered as additional social guarantees reimbursement of expenses. For example, payment cellular communication or gasoline (fuels and lubricants). If an organization provides employees with such guarantees, then staff turnover becomes less, and team cohesion, on the contrary, is higher.

Everything that is not in the law is additional social guarantees.

Whether to assign additional guarantees or provide employees only with what is prescribed by law is entirely your decision. And you need to accept it based on what goals you are pursuing and what opportunities you have. After all, employee motivation is undoubtedly very important for an organization.