problem posed in the title of the article, is particularly pressing question concerns because a huge number of citizens who in their daily lives are permanently linked employment relationship.Responsibility for violation of labor legislation comes within the scope of all its branches.Her themselves are individuals who in this system of legal act primarily as employees or legal persons representing the employers.
more concrete action in the country, the law applies to persons who may be held responsible for violations of the Labour Code.These include:
- particular employer;
- representatives of enterprise control structures of the employer, which are heads of departments;
- personnel officers, or persons performing the duties of the employee personnel authority;
- counsel.
These persons may be subject to various types of responsibility.Moreover, it should be noted that the fact of attraction to one of these types of liability does not preclude the liability of another kind.For example, the illegal dismissal requires not only the damages incurred by the employee on the condition of the unemployed, but also suggests such a measure as compensation for moral damages.
However, as practice shows, major violations of labor laws, which may be held liable entities are limited to measures primarily material and administrative nature.
However, violation of labor legislation by the employer and may result in the application of measures of civil law.Suppose such a subsidiary (additional) liability is incurred in the event of bankruptcy of the enterprise at the various existing debt payments, especially on paydays.
criminal liability in determining unreasonable refusal in employment, dismissal of a pregnant woman and justify the dismissal of this fact, as well as knowingly illegal dismissal committed intentionally.
envisaged that the responsibility for violation of labor legislation is based on the definition of the category of "official".Under such a law understands certain natural persons that performs organizational and administrative functions and takes decisions on the management of employees who at least temporarily subordinated to him.These persons and the law considers "authorized officer".
in the Labour Code specified differences in the legal status of the official and authorized officer.
Liability of these categories is:
- to pay - if enforced idleness employee - average earnings (including and unjustified transfer to a lower paid job), for all of his time;
- the need to redress in multiples of earnings;
- reimbursement (in the case of recognition of the fact that of the court), non-pecuniary damage.
workers, besides the disciplinary, and bear financial responsibility for violation of labor laws.Damage on it, regardless of the size and duration, can be compensated voluntarily.
Depending on the nature of the liability, are the following types of it is coming into the settlement of labor disputes, or, following the results of the audit.
control over the implementation of legislation in the field of labor relations rests with the appropriate regulatory authorities, including the prosecutor's office and the courts of first instance.Prosecutor's supervision solves the problem, how the responsibility for violation of labor laws is able to effectively influence the economic activities of enterprises.
