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.
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.
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.
The Main purpose of providing guarantees and compensation are:
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General guarantees and compensations in labour law of the Russian Federation stipulates in article 165 of the labour code.
The main types of guarantee payments include:
In Addition to the established safeguards, the legislation identifies the following types of guarantees and compensations in labour law:
The main principles of providing compensation and guarantees include:
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.
When the employee was sent, it provided guarantees and compensations in labour law designated as mandatory. These include:
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.
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:
The Amount of compensation should be agreed between the parties in writing.
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.
Regulated guarantees and compensations in labour law and for employees who combine study and work. These include:
Warranties and indemnities can be granted, if:
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:
BE: https://tostpost.com/be/zakon/13273-garanty-kampensacy-praco-nym-prave-panyacce-v-dy.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
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
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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