Labor & Employment

Legal services in the field of labor legislation, including personnel records management

Labor law is a fairly extensive branch of law that regulates labor relations between an employee and an employer, as well as public relations related to labor law. The objectives of labor legislation are to establish state guarantees of labor rights and freedoms of citizens, create favorable working conditions, and protect the rights and interests of employees and employers. Based on the generally recognized principles and norms of international law and in accordance with the Constitution of Russia, the main principles of legal regulation of labor relations and other relations directly related to them are recognized as:

1. freedom of labor;
2. prohibition of forced labor and discrimination in the sphere of labor;
3. protection from unemployment and assistance in finding employment;
4. ensuring the right to fair working conditions;
5. equality of rights and opportunities for employees;
6. ensuring the right to timely and full payment of fair wages;
7. ensuring equal opportunities for employees without any discrimination for promotion at work;
8. ensuring the right of employees and employers to unite to protect their rights and interests;
9. ensuring the right of employees to participate in the management of the organization in the forms provided for by law;
10. a combination of state and contractual regulation of labor relations and other relations directly related to them;
11. social partnership;
12. mandatory compensation for harm caused to an employee in connection with the performance of his work duties;
13. establishing state guarantees to ensure the rights of employees and employers, exercising state control (supervision) over their observance;
14. ensuring the right of everyone to the protection of his labor rights and freedoms by the state, including judicial protection;
15. ensuring the right to resolve individual and collective labor disputes;
16. the obligation of the parties to an employment contract to comply with the terms of the concluded contract;
17. ensuring the right of representatives of trade unions to exercise trade union control;
18. ensuring the right of employees to protect their dignity during their work activity;
19. ensuring the right to compulsory social insurance of employees.

At the same time, the main tasks of labor legislation include the creation of the necessary legal conditions for achieving optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as legal regulation of labor relations and other directly related relations on:

1. labor organization and labor management;
2. employment with a given employer;
3. training and additional professional education of employees directly with a given employer;
4. social partnership, collective bargaining, conclusion of collective agreements and agreements;
5. participation of employees and trade unions in establishing working conditions and applying labor legislation in cases provided for by law;
6. financial liability of employers and employees in the sphere of labor;
7. state control (supervision), trade union control over compliance with labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law standards;
8. resolution of labor disputes;
9. compulsory social insurance in cases provided for by federal laws.

It is important to note that the acts regulating labor legislation include not only the Labor Code of the Russian Federation, but also other legal norms, including:

1. international conventions and agreements to which Russia is a party;
2. federal laws and laws of the constituent entities of the Russian Federation regulating labor relations;
3. decrees of the President of Russia;
4. resolutions of the Government of the Russian Federation;
5. regulatory documents of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local government bodies;
6. industry agreements.

Labor relations and other relations directly related to them are also regulated by collective agreements, agreements and local regulations containing labor law norms. At the same time, labor law norms contained in other regulatory documents must comply with the Labor Code of the Russian Federation. It is important to note that all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other directly related relations with employees are obliged to be guided by the provisions of labor legislation and other acts containing labor law standards, which allows applying uniform norms and rules to all labor relations. In addition, employers can also adopt local regulations containing labor law standards within their competence in accordance with labor legislation and other regulatory legal acts containing labor law standards, collective agreements, and agreements. The list of issues regulated by labor law is quite wide and varied, and for some categories of employees it has its own specifics and features of labor relations, therefore, for the correct organization of personnel records management in a company, it is important not only to have competent and experienced HR specialists, but also to take into account all the intricacies of the legislation regulating labor relations. Labor legislation does not stand still and is subject to adjustment and changes, therefore, when maintaining personnel records, it is important to promptly monitor changes made to the legislation, implement them in work and ensure their correct implementation.

Despite the variety of software for maintaining personnel documents, their use does not exclude possible errors or untimely application of newly adopted labor law standards. In this regard, HR specialists must be guided by current legislation in their work, quickly and competently respond to newly introduced legal norms and correctly implement them.

Often, labor law standards raise doubts and questions even among experienced HR specialists, therefore, it is important for HR specialists to undergo timely training, attend advanced training courses, and also invite third-party organizations to conduct an external audit of labor law compliance, the presence or absence of erroneous application of labor legislation. This approach will minimize the risks of non-compliance with labor law standards and liability for their violation.

Legal services

1. Consulting on labor law issues
2. Development of local regulatory documents of the company in the field of labor law
3. Implementation of personnel documents in the work of HR specialists
4. Legal audit of personnel records management in the organization
5. Support for inspections in the field of labor law