Guarantees and compensation in labor law: concept, types

Every formal employment must bebacked by certain guarantees and compensations. Labor law guarantees and compensation are mandatory. And if the second concept is exclusively material in nature, the first can have both tangible and intangible implications. Let us consider in more detail what these provisions include.

Definitions

Basically, the concept of guarantees and compensationconsidered in terms of labor law. According to Article 164 of the Labor Code of the Russian Federation, guarantees mean the means, conditions and methods by which employees of organizations are granted various rights in social and labor relations. Guarantees that are provided by law and provide these rights to all employees may be tangible and intangible. The first is salary preservation during holidays or studies, long trips or sick leave, etc. The second concept includes the preservation of the workplace or the provision of another position.

With respect to the guarantees also apply suchconcepts like payouts or surcharges. Under the guarantee payments understand such payments that are issued to the employee for the time while he did not fulfill his labor obligations for valid reasons, which are established by legislative norms. They generally replace wages. Warranty surcharges are set over a fixed salary.

Under the compensation means cash payments, which are reimbursement to the employee of those costs that are associated with the performance of labor duties and are provided by law.

If an employee has spent money during production needs, the organization must pay damages in cash equivalent.

The notion of guarantees and compensations in labor law can be applied jointly, if this is required by the case. For example, if the employee is a donor.

In addition to reimbursement of expenses, employees are indemnified for non-pecuniary damage that may be caused at the workplace.

Basic goals

The main objectives of providing guarantees and compensation are:

1. Providing employees with average earnings in individual cases stipulated by the legislation when they do not fulfill their direct duties.
2. Reimbursement to employees of cash costs specified in the law, incurred by them for production needs.

The main guarantees and compensations in the labor law of the Russian Federation are specified in article 165 of the Labor Code of the Russian Federation.

Types of guarantees

The main types of warranty payments include:

• payments that depend on productionsituations or actions of the management (payment of idle time due to the fault of the employer, payment of a forced truancy in case of unlawful termination of the contract, allowance for dismissal);
• payments that provide the employee the right to paid vacation;
• Additional payments for employees who have not reached the age of majority;
• payments that do not depend on production, but are important for the state and society (state obligations, participation in collective bargaining, military training, etc.).

Special cases

In addition to the established guarantees, the law identifies the following types of guarantees and compensations in labor law:

1. When sending on business trips or other official trips.
2. When moving to another city in order to fulfill labor obligations.
3. When performing state or public activities.
4. When combining study and work.
5. If necessary, stop work because of the offense of the employee.
6. with annual rest.
7. In exceptional cases, termination of employment.
8. Due to the delay in issuing the form of labor due to the fault of the employer in the termination of labor relations.
9. Other types of guarantees and compensations which are provided for by labor law.

Basic principles

The basic principles of compensation and guarantees include:

• the establishment of a mandatory level of compensation and guarantees;
• the obligation of heads of organizations to provide employees with statutory guarantees and compensation;
• the right of the employee to statutory compensation and guarantees;
• the possibility of improving the position of employees compared with the fact that establishes legislation in the field of compensation and guarantees at the agreement level at the expense of the contracting parties.

Business trips

Under a business trip understand the trip of an employee at the direction of the head for a specific period to fulfill their duties.

Today legislation does not establishthe maximum duration of the trip, it is determined by the employer individually, based on the nature of the order. The business trip does not consider the trip of the employee who has the traveling nature of work.

Sending an employee to a business trip shouldissued by order of the head of the organization. Based on this, a travel certificate is issued, in which you must indicate the beginning of the trip and its end, as well as the point of assignment. At the end of the trip, the employee must submit a report on the work done.

When an employee is seconded, he is provided with guarantees and compensations, in labor law designated as mandatory. These include:

1. Saving jobs and positions. Employees may not be transferred to another position or dismissed on the initiative of the employer (if this is not the liquidation of the enterprise).
2. Saving salary.During a business trip, an average salary is maintained for an employee. If a citizen works part-time, the payment of travel expenses, as well as the preservation of earnings falls on the organization that sent him on a trip. If an employee is sent on a business trip by both organizations at once, then the salary should be kept both in the main place and in combination.
3. Travel expenses reimbursement. Such reimbursements include: travel expenses, accommodation expenses, additional expenses and those expenses that are allowed to the employee with the consent and knowledge of the employer.

A special reimbursement procedure is provided for thoseemployees who work on a rotational basis. Since this way of working for them is constant, instead of per diems they are paid extra charges to the basic tariff rate.

Moving in

Guarantees and compensations in labor law are briefly described for moving to work in another locality.

Relocation is usually associated with various expenses, and the employer must reimburse them. Refundable:

• expenditure on the relocation of the employee and his family, as well as on the transportation of the main property (with the exception of cases when the employer provides the employee with the necessary means of transportation);
• spending on arrangement in a new place.

The amount of compensation must be agreed between the parties in writing.

Military duty

Guarantees and compensation in labor lawProvided for citizens performing military duties. Such persons may be dismissed from work with preservation of the place of work and average earnings (during military training), receive reimbursement related to renting housing, paying for moving or traveling from home to work, receiving travel allowances for medical expertise, examination or treatment for staging for military registration, preparation for conscription or military service.

If expenses have been incurred by the organization due to the implementation of the law on military obligations, they are reimbursed from the federal budget.

The combination of study and work

Warranties and compensations in labor law are also regulated for employees combining study and work. These include:

• Study leave (can be provided on the basis of help-call from an educational institution).
• Shorter working hours.
• Compensation fare.

Warranties and compensation may be granted if:

• the institution has state accreditation;
• the employee timely fulfills the norms of the curriculum, has no arrears for the semester, performs all the work assigned in time;
• employee has never received higher education before.

If an employee receives education in several institutions at once, then payments are provided in connection with training in one of them.

If the employee studies by correspondence,the employer pays him once a year. At the request of an employee who studies by correspondence or evening form, he can be reduced to a work week by seven hours by ten months before preparing for a thesis or passing state examinations.