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ACCOUNTING FOR LABOR AND WAGES: LABOR RELATIONS WITH PERSONS
PARTICIPATING IN THE SMO
N.A. Baikalova, Candidate of Economic Sciences, Associate Professor E.M. Anikina, Candidate of Philological Sciences, Associate Professor Siberian Transport University (Russia, Novosibirsk)
DOI:10.24412/2411-0450-2023-2-35-38
Abstract. The article reveals the aspects of regulation of labor relations with new categories of workers in the conditions of the special military operation in accordance with the norms of labor legislation and other regulation which reflect the changes. Particularly situations with dismissal, options for terminating employment contracts are mentioned, issues of violations of the rights of workers in the labor sphere are touched upon. New categories of workers are being singled out, with regard to which new articles of the Labor Code of the Russian Federation and other documents come into force.
Keywords: legal regulation, special military operation, employment contract, labor relations, labor resources, dismissal.
The achievement of the desired results of the company's work is facilitated by the effective use of labor resources with the resolution of problems and contradictions in the legal regulation of labor relations in the context of an economic crisis in the context of a special military operation (SMO), unjustified dismissals, violations of employee rights in the labor sphere, termination of employment contracts.
The main productive force of the organization is precisely the staff, which is both the main factor of production and the economic resource. Labor relations, the regulation of which is achieved by concluding an employment contract, occupy a special place in a person's life, determining the level of his well-being, social status and the way of self-realization in society. In the transition to a mobilization economy, special attention is paid to building a specific labor market with the allocation of new categories of workers such as:
1. Called up for mobilization, having the status of military personnel undergoing military service under a contract. Contracts remain valid until the end of the partial mobilization period;
2. Citizens in the reserve who have expressed a desire to enter military service under a contract. A contract is concluded with them for military service for a period of up to one year. They do not have any agenda in
their hands, because they themselves have expressed a desire to participate in what is happening and they will have a notification from the Ministry of Defense "On the conclusion of a contract" in their hands;
3. Volunteers signing a contract on voluntary assistance in the performance of tasks assigned to the military forces of the Russian Federation (RF Armed Forces).
The third group is volunteers, those who were not in the reserve, who did not receive any draft notice and nevertheless they voluntarily signed a contract. This is a contract on voluntary assistance in fulfilling the tasks assigned to the armed forces of the Russian Federation. They will also have a notification from the Ministry of Defense about the conclusion of a volunteer contract.
The division into these groups is based not only on the new article 351.7 of the Labor Code of the Russian Federation, but also on Decree of the President of the Russian Federation of September 21, 2022 N 647 and clause 7 of Article 38 of the Federal Law of March 28, 1998 N 53-FL "On military duty and military service".
From the point of view of taxes and various benefits, it should be noted that all participants in the SVO, as well as those who were originally military personnel and then retired from military service, may come to work in the organization and in accordance with the
requirements of Federal Law N 5-FL of January 12, 1995 (Edition dated 08/04/2022) "On Veterans" everyone will be considered veterans of military operations. As soon as the operation began, in the spring, changes were already made to the law on veterans and the status of a combat veteran was assigned to the participants of the SMO.
It should be noted that the role of the employer is possible in handing over a draft notice. This means that we will proceed from the fact that the first stage of mobilization has been completed, but it is possible that there will be some other moments in this regard. In accordance with paragraph 7 and paragraph 1 of article 9 of the Federal Law of February 26, 1997 N 31-FL "On mobilization training and mobilization in the Russian Federation", the employer may be involved in the procedure of handing over a draft notice. The employer is obliged to assist the military registration and enlistment office, is obliged to hand over a draft notice no later than three days before the specified deadline for appearing at the military registration and enlistment office. This must be done against signature and personally to the mobilized person.
It is necessary to take into account the points that are decided in relation to the work of these employees. Two documents appeared: changes in the Labor Code, which led to the appearance of Article 351.7; Government Decree N 1677, which prohibits the termination of an employment contract with an employee at the initiative of the employer while he is one of the above. But with reservations: it is impossible to terminate the employment contract at the initiative of the employer during the period of suspension of this contract, except in cases of liquidation of the organization or termination of the activity of the individual entrepreneur, as well as the expiration of the term of the employment contract during the specified period, if it was concluded for a certain period.
Under a fixed-term contract, it follows from the wording that the term of the contract is not suspended upon its suspension, i.e. if a fixed-term contract was concluded with a person two years before the start of mobilization, and while he is mobilized, the term ends, then a problematic situation arises. Either to dis-
miss the employee after the expiration of this contract and do not violate anything, or the administration decides that it will not fire the employee. However, it should not be forgotten that as soon as the employment contract does not terminate within the prescribed period due to the end, it immediately turns into a contract for an indefinite period, and there will be an employment relationship with an employee accepted for a regular open-ended contract.
The next situation is when mobilized workers cannot be reduced, dismissed on the basis of conscription for military service. On the other hand, the employee himself may quit for some reason. The employee submits an application with either a summons from the military registration and enlistment office, or attaches a notification from the Ministry of Defense confirming the basis for referral to the SMO. And on the basis of this application with the contract or notification attached, an order is issued to suspend the employment contract for the period of service under the contract or volunteering. In the event that an employee does not have time to submit an application for a number of reasons, it is necessary to resolve the situation in favor of the employee.
The Letter of the Ministry of Labor dated September 27, 2022 N 14-6/10/-13042 states that the employee can send both the application and the attached documents via EDF. In the event that this option does not suit him, he can authorize someone to act on his behalf on the basis of a power of attorney.
According to the requirements of Article 185.1 of the Civil Code of the Russian Federation, if it is not possible to issue a power of attorney with the participation of a notary, it is possible to issue a power of attorney directly in the unit, which will be certified by the head or commander of the military unit or formation.
It should be noted that in the event that there is no application, one should be guided by the Letter of the Ministry of Labor of Russia dated September 27, 2022 N 14-6/10/B-13042, which states that fixed-term employment contracts are subject to suspension, employment contracts under which notification was given that he was made redundant. In a
situation where two more months have not passed before the standard working out with a reduction and he still continued to work, then this contract should also be suspended. Contracts under which the employee was on probation are also subject to suspension. As for the probationary period, it is necessary to immediately note the norm of Article 70 of the Labor Code, which implies that on those days when a person was actually absent from work or, if hired, a three-month probationary period was set, and a month later a draft of notice is handed over and he is sent to the SMO, then, respectively, the employment contract with him is suspended at his request, and the probation expires simultaneously. Upon return, the employment contract will be renewed, according to which two months of the probationary period will remain, in other words, the period is frozen. The management has every right to count on the continuation of the probationary period, but can also meet halfway and cancel the probationary period. There is currently no such provision in the Labor Code.
Upon suspension of an employment contract, the exercise of all rights and obligations established by labor legislation and collective labor agreements, including the performance by employees of a labor function, is suspended. That is, during the period of suspension, it is impossible to perform a labor function even if a person was ready to do it physically and intellectually. Another point indicating the suspension of an employment contract is that it always occurs at the request of the employee. Nowhere is it said that it occurs from the
can be controlled a little. During the period of suspension of the employment contract, the employee must retain the workplace and position, retain all social and labor guarantees and rights that he had before mobilization, namely: additional insurance, non-state pension provision, improvement of living conditions of the employee and family members.
It should be noted that the suspension of a fixed-term employment contract does not suspend the course of its term. The requirements of Article 351.7 of the Labor Code of the Russian Federation indicate that a mobilized person can be fired due to the expiration of the employment contract. This means that the contract may end during the period of mobilization, which means that its term continues to count down. However, the management of the company must remember that if the employee is not fired in a timely manner in this situation, the contract will turn into a contract for an indefinite period.
According to the requirements of paragraph 3 of Article 14 of the Federal Law "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity" dated December 29, 2006 N 255-FL, it follows that out of 730 days of the billing period, the number of days of mobilization, military service under the contract, volunteering is subtracted.
Thus, the regulation of labor relations of new categories of workers in the context of a special military operation takes place in accordance with the norms of labor legislation and other normative acts that reflect the changes.
moment of mobilization, so here the situation
References
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2. Chililov A.M., Kadyrov F.N. Issues of changing labor relations in conditions of partial mobilization // Manager of healthcare. - 2022. - №8. - Pp. 85-88.
3. Zaikov D.E. Features of ensuring the labor rights of workers called up for military service on mobilization // Law in the armed forces - military-legal review. - 2022. - № 11 (304). -Pp. 74-80.
УЧЕТ ТРУДА И ЗАРАБОТНОЙ ПЛАТЫ: ТРУДОВЫЕ ОТНОШЕНИЯ С ЛИЦАМИ,
УЧАСТВУЮЩИМИ В СВО
Н.А. Байкалова, канд. экон. наук, доцент Э.М. Аникина, канд. филол. наук, доцент Сибирский государственный университет путей сообщения (Россия, г. Новосибирск)
Аннотация. В статье раскрываются аспекты регулирования трудовых отношений новых категорий работников в условиях специальной военной операции в соответствии с нормами трудового законодательства и других нормативных актов, в которых отражаются изменения. Отдельно отмечаются ситуации с увольнением, варианты прекращения трудовых договоров, затрагиваются вопросы нарушений прав работников в сфере труда. Выделяются новые категории работников, в отношении которых начинают действовать новые статьи ТК РФ и другие документы.
Ключевые слова: правовое регулирование, специальная военная операция, трудовой договор, трудовые отношения, трудовые ресурсы, увольнение.
