Labor law for personnel officers - course 27,490 rubles. from Specialist, training, Date: December 3, 2023.
Miscellaneous / / December 06, 2023
This course meets the requirements of the professional standard “Human Resources Management Specialist”, approved. by order of the Ministry of Labor of the Russian Federation dated March 09, 2022 No. 109n!
Russian legislation provides for a large number of fines for the employer. The Code of Administrative Offenses of the Russian Federation contains at least 15 articles related to bringing the employer to this type of liability. In total, 20 types of fines can be distinguished only for violations of labor legislation and labor protection rules. At the same time, the labor inspectorate, when issuing penalties against an employer, often applies the multiplicative principle, multiplying the amount of the fine by the number of employees. An official, who may not be the head of the organization, but the personnel officer himself, can also be fined. Also, not only the labor inspectorate can fine an employer.
Why do employers, represented by HR employees, commit violations? Because they do not know or do not know how to apply the laws. Personnel officers blindly rely on the legal service.
In response to the problem, the Ministry of Labor developed the professional standard “Human Resources Management Specialist”. It clearly states that a specialist must know the legal basis of his activity.
Training center at MSTU named after. N.E. Bauman "Specialist" invites employees of personnel services, managers and owners of companies to undergo an in-depth advanced training course in the specialty “Human Resources Management and Personnel Affairs” on the topic “Right for HR Employees” services."
-Specific examples from judicial practice will be considered:
- Listeners will receive a checklist that will help avoid fines for groups of violations related to:
- Having completed a course at the Specialist Center at MSTU. N.E. Bauman, you can do without the help of a lawyer. You are your own lawyer in HR matters.
-Training Center “Specialist” at MSTU. N.E. Bauman is knowledge, professionalism and your qualifications, subject to certification from the country's leading training center.
- take into account the specifics of labor law in work;
- competently use legal acts (international, state and local, regulating issues of labor relations);
-work with personal data;
- take into account the peculiarities of labor relations in work;
-comply with labor protection requirements and special assessment of working conditions;
- draw up changes to the terms of employment contracts in the event of reorganization of the employer;
-take into account cases of provision of guarantees and compensation;
-regulate the labor of certain categories of workers;
- take into account the employee’s qualifications, professional standards, training and additional professional education of employees;
- competently draw up and terminate employment contracts;
- resolve issues related to the financial liability of the parties to the employment contract;
- take into account the judicial practice on labor disputes and the practice of inspections by labor supervisory authorities.
Practical teacher, certified specialist in the field of personnel management, member of the National Union of Personnel Officers of Russia, author of numerous publications on issues personnel management, labor legislation and personnel records management (including in the magazines “Personnel Business”, “Labor Safety”, etc., on the portals “Consultant +”, Superjob.ru and etc.); Candidate of Legal Sciences, HR management consultant.
Module 1. What is the right for a personnel service employee (4 ac. h.)
Definition of law, history of origin (Eastern and Western path), legal family, relationship between law and legislation
Types (objective and subjective) and branches of law
Legal relations (subjects of legal relations, legal capacity, legal capacity) and acts of application of norms rights (classification by industry, by name, by method of application, by form expressions)
Offenses (administrative, civil, disciplinary, procedural) and legal liability (civil, criminal, administrative, disciplinary, material)
History, features, goals, objectives, functions, principles
The system of the branch of labor law and legal acts regulating labor relations (international legal acts, federal laws, regulations of authorities executive power of the Russian Federation, laws and regulations of the executive power of the constituent entities of the Russian Federation, regulations of local governments, court decisions organs)
Module 2. How to work with local regulations in 2022 (2 ac. h.)
The concept, place and role of local regulations in the system of legal acts regulating labor relations
The procedure for the development and approval of local regulations, the practice of their application
Local regulations that are binding on everyone (internal labor regulations; local regulatory act defining the remuneration system; local regulations on the protection of personal data)
Local regulations, mandatory under certain conditions (Regulations on the certification of employees, Regulations on sending on business trips and others)
Legal examination of local regulations by supervisory authorities, main violations
Module 3. What is social partnership and collective agreement (1 ac. h.)
The concept and aspects of social partnership
Levels and forms of social partnership
Concept and parties of a collective agreement
Duration of the collective agreement and agreements
Responsibility for violation of the law when concluding a collective agreement
Module 4. How to work with personal data in 2022 (1 ac. h.)
The concept of personal data and their categories
Consent to the processing of personal data
Rules for processing personal data
Local regulations on the protection of personal data
Inspection of supervisory authorities for handling personal data
Responsibility for violation of laws on the protection of personal data
Module 5. What are the features of labor relations in 2022? (4 ac. h.)
Concept, aspects of labor relations
Grounds for the emergence, change and termination of labor relations
The concept of an employment contract and a civil contract
Prohibition of legislation on the formalization of a civil contract of labor relations
Determining part (information about the employee and employer)
Mandatory terms of the employment contract
Additional terms of the employment contract
Module 6. What are the requirements for labor protection and special assessment of working conditions in 2022? (2 ac. h.)
Basic concepts, organization and training in the field of labor protection
Accident Investigation
Responsibility for violation of labor protection legislation
Concept and implementation of SOUT
Classification of working conditions
Responsibility for failure to carry out or improper conduct of special technical assessments
Module 7. How to change the terms of employment contracts during the reorganization of a legal entity and in other cases (2 ac. h.)
The concept of civil reorganization (merger, spin-off, division)
The concept of staffing reorganization (introduction of a new structure and new staffing table)
The procedure for registering changes to the terms of an employment contract (including at the initiative of the employer)
Types of transfer (permanent, temporary), concept of movement
Procedure for dismissal from work
Judicial practice and practice of labor supervisory authorities
Module 8. What guarantees and compensations are provided by the labor legislation of the Russian Federation in 2022? (2 ac. h.)
Business trips
Moving to work in another area
Performance of state or public duties
Combining work with education
Forced cessation of work through no fault of the employee
Providing annual paid leave
In some cases of termination of an employment contract
Due to the delay due to the fault of the employer in issuing a work book upon dismissal of an employee
In other cases provided for by the Labor Code of the Russian Federation and other federal laws.
Module 9. How the labor of certain categories of workers is regulated in 2022 (2 ac. h.)
Concept, basis for establishing the features of labor regulation
Features of labor regulation that entail a decrease in the level of guarantees for employees, restrictions on their rights, and an increase in their disciplinary and (or) financial liability
Nature and working conditions
Psychophysiological characteristics of the body
Natural and climatic conditions
Having family responsibilities
Other grounds
Module 10. What is “employee qualification” and how to apply professional standards (2 ac. h.)
The concept of employee qualifications and the procedure for applying professional standards
Rights and obligations of the employee and the employer regarding the training and additional professional education of employees, in sending employees to undergo an independent qualification assessment
Contents, term, form, effect and grounds for termination of the student agreement
Organizational forms, time and payment of apprenticeship
Rights and responsibilities of apprentices at the end of their apprenticeship
Module 11. What is the financial responsibility of the parties to an employment contract (2 ac. h.)
The obligation of a party to an employment contract to compensate for damage caused to the other party to this contract
Conditions for the onset of material liability of a party to an employment contract
The employer’s financial liability for illegal deprivation of an employee’s opportunity to work, damage, damage to the employee’s property, for delay in payment of wages and other payments due employee
Compensation for moral damage caused to an employee
Financial liability of the employee for damage caused to the employer
Circumstances excluding the employee’s financial liability
The employer's right to refuse to collect damages from the employee
Limits of employee financial liability
Written agreements on full individual and collective (team) financial responsibility of employees
Determination of the amount and procedure for recovery of damage caused
Module 12. How to terminate/terminate an employment relationship in 2022 without violating labor laws (6 ak. h.)
Concept
Types of grounds for termination/termination of employment contracts with an employee
Procedure for dismissing an employee
Types of general grounds for termination of an employment contract
The procedure and conditions for terminating an employment contract for each of the general grounds
Judicial practice and practice of labor supervisory authorities.
Types of grounds for termination of employment contracts at the initiative of the employer.
The procedure and conditions for terminating an employment contract for each type of reason
Guarantees and compensation to employees upon termination of an employment contract at the initiative of the employer.
Features of termination of employment contracts at the initiative of the employer for certain categories of employees (pregnant women, persons with family responsibilities, minors).
Preferential right to remain at work upon termination of an employment contract due to reduction in headcount and staff.
Taking into account the motivated opinion of the elected body of the primary trade union organization when terminating an employment contract at the initiative of the employer.
Types of grounds for termination of employment contracts for reasons beyond the control of the parties.
Procedure and conditions for termination of an employment contract for each type of grounds
Guarantees and compensation for employees upon termination of an employment contract for reasons beyond the control of the parties.
Module 13. What are labor disputes and how are they resolved (2 ac. h.)
Self-defense of labor rights by workers
Protection of labor rights and legitimate interests of workers by trade unions
State control (supervision) and departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms
Consideration and resolution of individual and collective labor disputes
Responsibility for violation of labor legislation and other acts containing labor law norms