GUARANTEE AND COMPENSATION PAYMENTS IN THE LABOR LEGISLATION OF THE RUSSIAN FEDERATION: THEORY AND PRACTICE

The article is devoted to the analysis of the essential characteristics of guarantee and compensation payments, the labor law concept of which, to date, has not been fully developed, which creates serious problems in the application of the relevant labor legislation. Labor law norms of the Russian Federation establish basic guarantees and compensation for employees, which represent a measure of protection of their rights. The purpose of their consolidation by law is to create favorable working conditions and respect the interests and rights of workers. In our opinion, guarantees and compensation in labor law should be considered exclusively as a form of protecting the rights of workers and cannot be deteriorated. Compensation involves reimbursing employees for expenses incurred; guarantees are the conditions, methods and means by which the employee`s rights are ensured. We also note that the procedure for granting additional guarantees and compensations stipulates several mandatory conditions — first, the enterprise must conduct a special assessment of working conditions, which will make it possible to determine harmful, dangerous and other labor factors for which the employee is entitled to compensation. The presented material provides an example of a guarantee and compensation policy in relation to employees of the Joint Stock Company «Holding Company Sibcem», one of the largest enterprises in the Kemerovo region. An analysis of the provision of guarantees and compensation to JSC «Holding Company Sibcem», which is part of the holding of enterprises, made it possible to identify certain problems, the solution of which could be the introduction of conditions into the local regulations of the company, in particular, into the collective agreement and improvement of legislation by introducing changes to the relevant regulations acts of the Russian Federation.

guarantees, compensation, payments, guarantee payments, compensation payments, labor law, labor legislation, employment contract, collective agreement, employee, employer

Belkov A. V., Sedina N. V. Guarantee and compensation payments in the labor legislation of the Russian Federation: theory and practice. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;4(65):220—224. DOI: 10.25683/VOLBI.2023.65.845.