Guarantees and compensations in labour law: concept, types

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2018-04-02 14:46:15

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Each official employment should be backed by certain guarantees and indemnifications. Guarantees and compensations in labour law are mandatory. And if the second concept is of a purely material character, the first can have both tangible and intangible implications. Let us consider which include these provisions.

Definitions

Basically the concept of guarantees and compensations is considered from the point of view of labour law. According to article 164 of the labour code, subject to safeguards understand the tools, terms and methods, by which is granted to employees of the various rights in the socio-labour relations. The guarantees provided by the law and ensure these rights to all employees, can have tangible and intangible nature. The first is the pay during vacation or training, long business trips or sick leave, etc. to the second concept include the loss of job or providing a job. guarantees and compensations in labour law

With respect to guarantees also apply concepts such as payments or copayments. Under the guarantee payments understand such payments that are received by an employee for the time till he performed his job commitments for good reasons that the established legislative norms. They replace the General rules of the salary. Warranty payments are put more than the established salary.

Under the compensation to understand cash payment that is a reimbursement to the employee for those costs that are associated with the performance of duties and required by law.

If the worker in the production of the necessary the money spent, the organization must reimburse the loss in cash.

The Concept of guarantees and compensations in labour law can be used together, if required by the case. For example, if the employee is the donor.

In addition to the reimbursement of expenses to employees based on compensation of moral harm that may be caused in the workplace.

Main goals

The Main purpose of providing guarantees and compensation are:

  1. Providing employees with average earnings in individual cases provided for by law, when they do not fulfill their duties.
  2. Compensation to employees-in cash costs specified in the law, incurred due to production necessity.

the concept of guarantees and compensations in labour law

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General guarantees and compensations in labour law of the Russian Federation stipulates in article 165 of the labour code.

Warranties

The main types of guarantee payments include:

  • Payments that depend on production situations or management's actions (payment of downtime caused by the employer, payment of enforced idleness during unlawful termination of the contract, the benefit in case of dismissal);
  • Payments, which provide the employee the right to paid holidays;
  • Co-pays that put employees under the age of majority;
  • Payments that do not depend on production but important for the state and society (osobenosti, participation in collective bargaining, military training, etc.). types of guarantees and compensations in labour law

Special cases

In Addition to the established safeguards, the legislation identifies the following types of guarantees and compensations in labour law:

  1. When sending to a business or other official visits.
  2. When moving to another city in order to fulfill labor obligations.
  3. When you perform a state or public activities.
  4. When combining study and work.
  5. If necessary to stop work because of the faults of the employee.
  6. When the annual vacation.
  7. In exceptional cases, termination of employment.
  8. Due to the delay issue form employment caused by the employer upon termination of the employment relationship.
  9. Other types of guarantees and compensations provided for in labour law.

Basic principles

The main principles of providing compensation and guarantees include:

  • The establishment of binding level of compensation and the guarantees;
  • The obligation of the heads of organizations to provide employees with the statutory warranties and indemnities;
  • The employee's right to statutory compensation and guarantees;
  • The opportunity to improve the situation of employees in comparison with the what sets the law of compensation and guarantees on the level of agreement to the Contracting parties.

guarantees and compensations in labour law briefly

Business trips

The official business understand the journey of an employee directed by the Manager on a specific deadline for performance of their duties.

Today the legislation does not establish a maximum period of travel, it is determined by the employer individually, based on the nature of the instructions. Official business is not considered a trip an employee who has traveling nature of work.

The Direction of the employee on a business trip must be issued by order of the head of the organization. On the basis of this travel order is issuedthe certificate, which should contain the beginning of the trip and the end of a secondment. At the end of the trip, the employee must submit a progress report. guarantees and compensations in labour law of the Russian Federation

When the employee was sent, it provided guarantees and compensations in labour law designated as mandatory. These include:

  1. Save the work space and position. The employee cannot transfer to another position or be fired on the initiative of the employer (unless it is a liquidation of the company).
  2. Pay. During the trip, the servant retains his or her average earnings. If a person works part-time, pay travel expenses, as well as preserving earnings falls on the entity that sent him on a trip. If the employee is sent on a mission by both institutions at once, then wages should be saved and in the same room, and at the same time.
  3. Reimbursement of travel expenses. Such claims include: travel expenses, accommodation expenses, overheads and those costs allowed to the employee with the consent and knowledge of the employer.

A Special procedure for redress is provided for those employees who work shifts. As a way for them to work is permanent, that is they pay daily allowances to the basic rate.

Relocation

Guarantees and compensations in labour law is briefly described and moving to work in another area.

The Move is usually associated with various expenses, and the employer has to reimburse them. Reimbursement:

  • Expenses for relocation of employee and his family, as well as for the transportation of the major equipment (the exceptions are the cases when the employer provides employees with the necessary means of transport);
  • Spending on construction on a new place.

the concept of guarantees and compensations

The Amount of compensation should be agreed between the parties in writing.

Military service

Guarantees and compensations in labour law provided for citizens performing military duty. Such persons may be released from work with preservation of a place of work and average earnings (during military training), to the reimbursement related to finding housing, paying moving or travel from home to work, to travel at the time of medosvidetelstvovanie, examination or treatment for the purposes of military registration, pre-conscription or military service.

If the cost of the implementation of the law on military duty was incurred by the organization, reimbursement is made from Federal budget.

The Combination of study and work

Regulated guarantees and compensations in labour law and for employees who combine study and work. These include:

  • Study leave (may be granted on the basis of the inquiry call from the educational institution).
  • Reduction of the working day.
  • Travel Compensation.

Warranties and indemnities can be granted, if:

  • The institution has a state accreditation;
  • Employee timely fulfills the standards of the curriculum, has no debts for the semester, time to perform all assigned work;
  • Employee never received a higher education.

types of guarantees and compensations

If the employee receives education in several institutions, the payouts are provided in connection with training in one of them.

If the employee studying by correspondence, the employer once a year pays his way. At the request of the employee, studying by correspondence or at evening, it can reduce the working week by seven hours for ten months prior to the preparation of diploma thesis or passing state exams.


Article in other languages:

AR: https://tostpost.com/ar/the-law/7424-guarantees-and-compensations-in-labour-law-concept-types.html

BE: https://tostpost.com/be/zakon/13273-garanty-kampensacy-praco-nym-prave-panyacce-v-dy.html

DE: https://tostpost.com/de/das-gesetz/13279-gew-hrleistung-und-schadensersatz-im-arbeitsrecht-begriff-arten.html

ES: https://tostpost.com/es/la-ley/13289-garant-a-y-compensaci-n-en-el-derecho-laboral-concepto-tipos-de.html

HI: https://tostpost.com/hi/the-law/7427-guarantees-and-compensations-in-labour-law-concept-types.html

JA: https://tostpost.com/ja/the-law/7424-guarantees-and-compensations-in-labour-law-concept-types.html

KK: https://tostpost.com/kk/za/13277-kep-ld-kter-men-tema-y-e-bek-y-ynda-t-s-n-g-t-rler.html

PL: https://tostpost.com/pl/prawo/13271-gwarancji-i-odszkodowania-w-pracy-prawa-poj-cie-rodzaje.html

PT: https://tostpost.com/pt/a-lei/13264-garantia-e-compensa-o-no-direito-do-trabalho-direito-conceito-tipos-de.html

TR: https://tostpost.com/tr/hukuk/13278-garanti-ve-tazminat-i-hukuku-kavram-t-rleri.html

UK: https://tostpost.com/uk/zakon/13274-garant-kompensac-v-trudovomu-prav-ponyattya-vidi.html

ZH: https://tostpost.com/zh/the-law/8071-guarantees-and-compensations-in-labour-law-concept-types.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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