From the moment a citizen enters into an employment contract, he becomes a subject of labor law and his status as an employee merges with the legal status of a citizen. The subject of labor law is also the employer with whom the employment contract has been concluded.
Instructions
Step 1
The subjects of labor law are citizens, individuals and legal entities, employees and employers involved in public relations, which are regulated by the Labor Code of the Russian Federation. To be considered subjects of labor law, all of them must have the right to work and labor obligations, as well as be able to implement them.
Step 2
A citizen who is a subject of labor law has legal capacity to work, i.e. able to have labor rights. At the same time, he must be able to perform certain actions to exercise his labor rights and obligations, i.e. have labor capacity. The third condition for the legal status of an employee - a subject of labor law - is delinquency - the ability to be responsible for labor offenses. When all three conditions are met, a citizen can become a subject of labor law and participate in labor legal relations.
Step 3
For employers - organizations, institutions and enterprises, in order to become a subject of labor law, it is necessary to fulfill the fourth condition - competence. This means that they must have a set of rights and obligations that are granted to them by the current labor legislation in order to carry out the functions assigned to them.
Step 4
Taking into account the above conditions, the subjects of labor law include:
- citizens who have the status of workers;
- individuals and legal entities with the status of employers;
- representative bodies of employees and employers interacting on the basis of social partnership;
- elected bodies of workers in production;
- territorial bodies providing employment for the population;
- bodies dealing with the resolution of labor conflicts and disputes;
- bodies exercising supervision and control in the world of work.
Step 5
Any citizen of Russia, as well as a person who does not have citizenship or a citizen of a foreign state who has turned 15 years old, can become a subject of labor law as an employee. In some cases, the law allows the recruitment of students who are 14 years of age or older, but at the same time, the performance of work duties should not involve heavy physical labor that is harmful to health or interferes with the learning process. To involve a teenager in work, the written consent of one of the parents is required. As an employer, the subject of labor law may be any natural or legal person who uses hired labor in their own interests.
