Legal Encyclopedia. The letter P

EMPLOYER

It is one of the parties to labor relations. AR can be both physical and legal person who has entered into an employment relationship with the employee. As R. - individual citizens act using employees

for business purposes, for agriculture and household. As R. - a legal entity acts as the organization of any form of ownership.

By employing organization refers to an independent economic entity formed in accordance with the law for the recruitment of workers, the production of products, works and services in order to meet social needs, and making a profit.

As RA may make public authorities and local governments, and in the cases stipulated by federal law, may act as a R.

subject who shall be entitled to conclude contracts of employment (for example, public associations, including trade unions, who can acquire legal personality). As for the separate structural parts of the organization The branch or representative office, they are as R. can not act because they do not have the rights of a legal entity.

All R. whether it is physical or legal entity subject to the provisions of labor law, in accordance with which they are endowed with certain rights and obligations, is a component of the law.

In labor relations rights and obligations R. can be carried out:

1) individual who is a P .;

2) The bodies of the legal entity (organization) or persons authorized by them.

The procedure for implementation set by the laws and other normative legal acts of the constituent documents of the legal entity (organization) and local regulations.

The basic right of P. - is to carry out recruitment

employees and manage the labor process. R. develop and adopt mandatory for employees of the rules and regulations that govern employment. He is endowed with governmental authority: giving instructions, which are mandatory for the employee; It draws the employee to disciplinary and material liability; hire and dismiss employees.

R. is obliged to provide to their employees: labor safety; the statutory minimum wage; equal pay for work of equal value; compensation for damage caused health of employees in the performance of job duties. Consequently, the legal status of AR involves not only the employers' legal personality, and its compliance with legislation guaranteeing every worker the protection of the basic labor rights and the possibility to carry out its responsibilities.

Labor R. personality arises from the moment of its state registration. His activity as a subject of labor rights may be terminated due to the liquidation, which is carried out in the following cases: recognition of the bankrupt; decision to ban it

the activities of non-fulfillment of the conditions established by law; court invalidation of constituent documents. The procedure laid down in Article liquidation. 61 of the Civil Code. Since the elimination of labor personality of R. stops.