The rights, obligations of the employee and the employer in the field of labor protection are spelled out in several regulatory acts and documents. Every employee must know about it.
Перечислим основные документы, где прописаны rights and obligations of the employer and the employee in the field of labor protection. Ukraine and Russia do not differ much from each other in terms of labor legislation. In both states they are listed in the following documents:
Sometimes the line between the notions of "employee" is erasedand "employer". Rights and obligations are one. This applies to this article of the Labor Code of the Russian Federation. It lists the main responsibilities of the employee. But the law also provides that absolutely all employees of an enterprise fall under this concept. In this case, the very concept of "employee" is a person who performs certain job descriptions. It may also be an employer acting as a director. But here there is a convention. The employer who is not an employee of the company and does not fulfill any job descriptions of the company does not fall under this article. For example, an investor who delegates all managing authority to his managers.
It has already been said above that legally there are cases when the status does not determine anything. Who is an employee by status? Both the employee and the employer have the same rights and duties.
According to the Labor Code of the Russian Federation, these include:
This includes as a preliminary, heldbefore employment, and periodic. Depending on the field of activity there are different requirements. For example, the passage of an oculist for teachers and catering staff is optional. In the sanitary books put a special code of professional activity. The list of medical examination depends on it.
Абсолютно не играет никакой роли действующее medical work permit. There are cases when the employee's health deteriorates, and he does not notify the authorities about this. The result may be deaths during the performance of job duties. And both for the employee and for others.
Particular tragedy when as a result of suchincidents suffer or die children. Let us give an example of a similar situation. The school bus driver has heart failure worsened. Until the next mandatory medical examination a few more months. The driver knew about it, but hoped that nothing would happen. I did not want to lose the only source of income. As a result of transporting children on the highway, his health condition deteriorated. A heart attack happened. The driver lost control of the bus and collided head-on with a passing oncoming car. Several people, including this driver, were seriously injured. One child was taken to intensive care, on the road to which he died.
Ситуация ужаснейшая.For the parents of the affected children is just a life tragedy. But the principal did not know about the deterioration of the driver’s health. The vehicle was serviceable. Medical permit was available to the driver. Of course, before going on a flight, the doctors are obliged to examine the doctors and issue a permit. But it does not always save from such cases.
Nonsense, when gas station employees, for example, do not know how to use an ordinary fire extinguisher. The example is not random.
In one area, emergency personnelsituations have been tested in this area. It turned out that 5 percent of enterprises did not have fire extinguishers at all at gas stations. A third of the employees did not know where they were, and half did not know how to use them. In this case, the rights and obligations of the employee and the employer are also violated.
We explain more specifically. Violated the right of the employee to a safe place of work at work with increased danger and the obligation of the employer to ensure it. This is about the lack of fire extinguishers.
Ignorance of workers, how to use special equipment,is a violation of labor legislation in the field of labor protection of both themselves and their managers. The latter did not check the level of competence of employees.
Данная статья дает право отстранить сотрудника от position for the lack of compulsory medical examination. But the article applies subject to the legal obligation of passage. Should not be in conflict with the employee and the employer. Rights and obligations must be strictly observed and carried out within the framework of the law.
For example, the director’s claims will be illegal.to impose on the employee the delivery of medical tests not covered by the position held. Such examples include an HIV test. It is not mandatory for almost all categories of workers. For such a requirement, the employee has the right to apply to the prosecution authorities or labor inspection.
But if the employer's requirements are legitimate, and the employee has not passed a medical examination, then a number of negative points occur for him:
Но подобное произойдет тогда, когда сотрудник не passed the examination through his own fault. If his guilt is not proven and / or none at all, then the last three points do not apply. He is paid an average monthly salary during a temporary absenteement during the period of medical examination, and this does not affect his experience and leave.
It can be concluded that must respect each otherfriend and employee, and the employer, the rights and obligations of the parties to mutually respect. After all, the financial well-being of the enterprise and the favorable climate in the team depend on it.
Above it was said that article 214 of the LC RFThe concepts of "director" and "subordinate" are delimited. All employees fall under the category of workers. But there are special duties that apply only to managers.
There will be an opposition: the employee and the employer, rights and obligations. The formula is quite logical and understandable. Ensuring the rights of the employee in the field of labor protection - the obligation of the employer.
| Employer Responsibilities = Employee Rights |
| Reliable information about the state of the workplace, all threats and health risks associated with the performance of official duties. |
| Provision of proper protection means if necessary. |
| Improving competence in the field of labor protection. |
| The absence of instructions and instructions related to unreasonable health risks during their execution. |
| Development of decisions and strategies by managers who increase safety in the workplace, etc. |
Она может быть как административной, так и criminal. In accordance with Art. 5.27 Administrative Code provides for a fine. It can be imposed on both the manager and the company. If for an official he is 1-5 thousand rubles, then firms are from 30 to 50 thousand rubles.
Уголовная статья за нарушения законодательства в the field of labor protection is applied when an accident has occurred. Those. somebody hurt The person responsible for safety engineering will apply art. 143 of the Criminal Code. In this case, he may be subject to one of the following sanctions:
For the death of a person the punishment will be much stricter.
