Positions in the company: CEO, Chief Engineer, Technical Director. What is the difference between a boss and a manager in labor rights and responsibilities? Information from the explanatory dictionary of D.N. Ushakova

Team management depends on the quality and professionalism of the leadership. Management tools are used by persons called or bosses. It is worth distinguishing between these concepts or putting an equal sign between them, we will try to figure it out.

Sources give different interpretations (formulations) of these two concepts. The traced unanimity of opinions is as follows.

The boss is a person appointed to a managerial position, endowed with administrative power and receiving remuneration for work. are determined by law and by the order of the enterprise. Other persons (staff members) are subordinate to him.

He has the following responsibilities:

to give orders,
manage the process (for example, labor)
be responsible for the subordinates entrusted

What matters for the boss is personal characteristics, continuous improvement of the acquired skills.

A leader is, as a rule, a person's profession, a status provided by a formal position and informal positions. The status is determined depending on the duties, rights, conditions. The manager can perform, for example, the duties:

chairman of the board
the president

However, the responsibilities to achieve the result are performed both for remuneration and informally.

The concept of the head of the organization as an employee is defined Labor Code(Article 273). According to him, this individual who manages the organization.

The manager has the following responsibilities:

manage, organize the work of the entrusted group
make strategic decisions
create conditions for the development of the company
participate in the maintenance of documentation, distribution of budgetary funds
represent the team at a higher social level

The work of the head is regulated by the norms of both labor and civil law. Contacts with colleagues, exchange of experience, business meetings - all this is under the supervision of the head. He must have managerial skills, developed intelligence, efficiency, discipline.

From the history

Fulfilling the duties of a leader is considered an ancient profession. Leaders were considered leaders, leaders. Previously, they ruled not only labor process, but also in various spheres of the daily life of subordinates.

Administered modern leaders there are workers of specific labor collectives(organizations). The profession is in demand in the labor market. The head of a company division acts simultaneously as a boss and a subordinate.

Information from the explanatory dictionary of D.N. Ushakova

A boss in the dictionary is defined as an official, manager, supervising something. And a leader is like a person in charge of something, a mentor.

Common features of the boss and the leader

In many sources, these two words are called synonyms. The line between them is thin, easily erased. The main thing is that both the one and the other - officials participating in the management of the team, sphere, industry. In addition, in addition to educational and management skills, they should have the following features:

creative warehouse (creativity)
flexible mind
ability to respond quickly (in critical situations)
the ability to set goals and lead the team to them
compliance with moral principles, humanity
leadership qualities, the ability to lead the group

Both the boss and the leader benefit from being in a positive way.

For both, such factors are unacceptable:

incompetence, rudeness
optional, lack of order
striving for personal advantage
lack of personal growth

Correct self-esteem, absence of excessive ambition and authoritarianism is important for everyone.

Differences in the implementation of rights and obligations

Despite the frequent identification of concepts, there are several points of difference.

Boss:

This is the position.
Performs duties for remuneration.
without participating in the management function.
He is employed according to the contract approved by the order.
He draws up his own requirements in the form of orders (instructions, orders).

Supervisor:

This is a profession.
Performs duties for remuneration and informally.
Management function is required.
Can work on a voluntary basis (charitable project, children's association).
Requirements can be expressed in the form of consultations, proposals,.

It involves working with people. With all the existing differences, the boss and the leader for successful work are designed to earn respect in the team, to improve professional characteristics.

An effective leadership style also directly depends on the use of practical activities positive personal qualities.

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Do all employees have the right to work part-time? Is it possible to hold two managerial positions in different enterprises?

It should be borne in mind that in relation to employees of certain professions and positions with special conditions and working regime, extra work which may entail consequences that affect their health or safety at work, the heads of organizations, together with the trade union committee, may impose a restriction on part-time jobs. Restrictions can be set for workers employed in jobs with harmful conditions labor. If a decision is made to restrict part-time work for these employees in the organization, an order must be issued with a list of industries, workshops or specific professions, positions in which part-time work is not allowed.

It is forbidden to perform part-time work for persons under 18 years of age and pregnant women in order to protect their health.

It is also forbidden to perform paid part-time work (except for scientific, teaching and creative activities):

employees state apparatus(Clause 2 of the Presidential Decree Russian Federation from 04.04.1992 N 361 "On the fight against corruption in the system public service");

civil servants (Article 11 of the Federal Law of July 31, 1995 N 119-FZ "On the Fundamentals of the Civil Service of the Russian Federation");

judges (clause 3 of article 3 of the Law of the Russian Federation of 26.06.1992 N 3132-1 "On the status of judges of the Russian Federation");

municipal employees (Article 60 of the Federal Law of 28.08.1995 N 154-FZ "On general principles the organization local government in the Russian Federation "), etc.

In accordance with the Regulations on the conditions of part-time work (clause 10), holding two managerial positions at the same time (except for the positions of a foreman) is not allowed, unless otherwise provided by law. This rule corresponds to the regulation of the USSR Council of Ministers of 09/22/1988 N 1111 "On part-time work" (paragraph 3, clause 1).

However, the decision The Supreme Court Of the Russian Federation of December 14, 2000 N GKPI 2000-1293, this paragraph was invalidated due to the restriction of the rights of citizens guaranteed by the Constitution of the Russian Federation (Article 37) to free labor, to freely dispose of their abilities for work, to choose their type of activity and profession. Such restrictions may be established by federal law.

In particular, Federal law dated 26.12.1995 N 208-FZ "On Joint Stock Companies" to the General Director and members of the Management Board joint stock company a special procedure has been established for part-time work in two management positions, but with the obligatory consent of the Board of Directors (Supervisory Board).

Task 2

Chief Accountant LLC "Mysl" Turgin, who worked on an external part-time job, on April 1 received a written warning of dismissal from April 15 in connection with the hiring of a permanent employee in her place. On the same day, she turned to the management with a request to accept her for the same position at her main place of work.

Will Turghina's dismissal on April 15 be lawful if the manager refuses her request?

The study of this topic should begin with an analysis of Art. 37 of the Constitution of the Russian Federation, which enshrines the provision on freedom of labor.

An employment contract is central to the labor law system. It can be viewed in three aspects: 1) as an agreement on labor as an employee; 2) as a legal fact, which is one of the main grounds for the emergence and form of existence of an employment relationship in time; 3) as one of the central institutions of labor law. It is necessary to consider each of these aspects separately.

In Art. 56 of the Labor Code of the Russian Federation gives a legal definition employment contract.

One of the important issues that a student should pay attention to is the content of the employment contract. The content of any agreement is understood as the totality of its terms. They define the rights and obligations of the parties. The content of an employment contract is the totality of its terms. It is necessary to distinguish between the types of conditions of the employment contract.

When covering the content of an employment contract, it is necessary to dwell in detail on probationary period... It is established by agreement of the parties in order to verify the employee's compliance with the work assigned to him. The test condition must be specified in the employment contract, as well as in the order for hiring. It is necessary to study Art. 70 and 71 of the Labor Code of the Russian Federation, to know what test periods exist, who is not set to test when hiring and what are the consequences if the test result is unsatisfactory.

The question of legal guarantees when applying for a job requires serious study. Employment guarantees are provided for in Art. 64 of the Labor Code of the Russian Federation and Art. 5 of the Law of the Russian Federation "On employment of the population in the Russian Federation". Employment guarantees may be general and specific for certain categories of workers.

The process of concluding an employment contract is the recruitment of a citizen to work as an employee. In accordance with Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded only in writing.

Attention should be paid to the work book, since it is the main document on labor activity employee (see article 66 of the Labor Code of the Russian Federation).

It is necessary to distinguish between the types of employment contracts by the term of their conclusion.

You should know in what cases a fixed-term employment contract is concluded. These cases are directly provided for by law (in Art. 59 of the Labor Code of the Russian Federation and other federal laws).

The student should be well aware of the peculiarities of certain types of employment contracts. These features can be in the order of their conclusion and in content. When characterizing this or that type of employment contract, the regulatory framework should be disclosed.

Particularly worth dwelling on labor contracts concluded with the head of the organization, with temporary and seasonal workers, with part-time workers, with educators, with civil servants, with persons working in the regions of the Far North and equivalent areas, as well as with persons working for employers - individuals.

Normative legal acts

1) Civil Code of the Russian Federation - M., 2002.

2) the Labor Code of the Russian Federation, the Federal Law of the Russian Federation dated 30.12.2001., No. 197 FZ as amended by from 24.07.2002 and from 25.07.2002 // SZ RF. - 2002. - No. 1. - part 1. - Article 3; No. 30. - Art.3014; No. 30. - Article 3033.

3) Federal Law of the Russian Federation "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equated Localities" dated 19.02.93. No. 4520-1 as amended. from 01/08/98 // Bulletin of the Supreme Soviet of the Russian Federation. - 1993. - No. 16. - Article 551; Russian newspaper... - 1998 .-- January 13.

4) Federal Law of the Russian Federation "On higher and postgraduate vocational education"Dated 08.22.96. No. 125-FZ // SZ RF. - 1996. - No. 35. - Art. 4135.

5) Federal Law of the Russian Federation "On the State Civil Service of the Russian Federation" dated July 27, 2004, No. 97-FZ // SZ RF. - 2004. - No. 31. - Art. 3215.

6) Federal Law of the Russian Federation "On the basics municipal service in the Russian Federation "from 08.01.98. No. 8-FZ // SZ RF. - 1998. - No. 2. - Art. 224.

7) Federal Law of the Russian Federation "On Alternative Civil Service" dated 25.07.2002. No. 113-FZ // SZ RF. - 2002. - No. 30. - Art. 3030.

8) Law of the Russian Federation "On Education" dated 10.07.92, No. 3266-1 as amended. Federal Law of 13.01.96 // SZ RF. - 1996. - No. 3. - Art. 150.

9) Law of the Russian Federation "On the status of judges in the Russian Federation" dated 26.06.92. No. 3132-1 // Bulletin of the Russian Federation. - 1992. - No. 30. - Article 1792.

10) Law of the Russian Federation "On the Prosecutor's Office of the Russian Federation" dated 17.01.92. No. 2202-1 as amended. from 10.02.99, // SZ RF. - 1995. - No. 47. - Art. 4472.

11) Oh work books: Resolution of the Government of the Russian Federation of 04.16.2003. No. 225 // SZ RF. - 2003. - No. 16. - Article 1539.

12) Regulations on the certification of a federal civil servant approved. By the decree of the President of the Russian Federation dated 09.03.96. No. 353 // SZ RF. - 1996. - No. 11. - Art. 1036.

13) On the approval of the Regulations on holding a competition for filling a vacant public position in the federal public service: Decree of the President of the Russian Federation of April 29, 1996 No. 604 // SZ RF. - 1996. - No. 18. - Art. 2115.

14) On the procedure for concluding labor contracts and certification of heads of federal state unitary enterprises: Resolution of the Government of the Russian Federation of 03.16. No. 234 as amended and add. from 06/09/2000, from 10/04/2002 // SZ RF. - 2000. - No. 13. - Art. 1373; 2001. - No. 31. - Art. 3281; Bulletin of the Ministry of Labor of the Russian Federation. - 2000. - No. 4. - S. 26-32; 2002. - No. 10. - P. 12.

15) On the specifics of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers: Resolution of the Ministry of Labor of the Russian Federation of 06/30/2003. No. 41 // Russian newspaper. - 2003 .-- June 30.

16) On approval of the Basic Provisions on the procedure for attestation of employees of institutions, organizations and enterprises funded by budget: Resolution of the Ministry of Labor of Russia No. 27 and the Ministry of Justice of Russia No. 8/196 of October 23, 1992 // BNA RF. - 1993. - No. 1.

17) Regulations on the procedure for replacing posts of scientific and pedagogical workers in higher educational institution Russian Federation: approved by order of the Ministry of Education of Russia dated November 26, 2002. No. 4114 // Bulletin of the Ministry of Labor of the Russian Federation. - 2002. - No. 2. - S. 118-122.

Main literature

37. Gusov K.N. Labor law of Russia: textbook of rivers. Ministry of Education of the Russian Federation / Gusov K.N. - M.: Lawyer; Prospect, 2004 .-- 496 p.

38. Nikonov D.A. Labor law: tutorial rivers. UMO / D. A. Nikonov, A. V. Stremoukhov, N. D. Amaglobeli; Under. ed. A. V. Stremoukhova. - M.: UNITY-DANA, 2003 .-- 407 p.

39. Nikonov D.A. Labor law: a course of lectures / Nikonov D.A., Stremoukhov A.V .. - M .: Norma, 2008. - 431 p.

40. Presnyakov M.V. Labor law of Russia: textbook / Presnyakov M.V., Channov S.E .. - M .: Jurist, 2007. - 475 p.

41. Labor law of Russia: textbook add. Ministry of Education of the Russian Federation / ed. Yu.P. Orlovsky, A.F. Nurtdinova. - M .: MTsFER, 2004 .-- 880 p.

42. Labor law of Russia: textbook: short course / ed. Yu.P. Orlovsky, A.F. Nurtdinov. - M.: INFRA-M, 2003 .-- 402 p.

additional literature

19. Vasiliev V.A. Protection of the labor rights of citizens during the passage of an alternative civil service// Labor law. - 2009. –№9

20. Kolosovsky A.V. Features of the hiring and dismissal of the head of the organization // Labor law. - 2010. - No. 2

21. Kurochkina M.G. On the problems of recording the working time of workers and its payment by employers-individual entrepreneurs // Labor Law. - 2012. - No. 1

22. Petrov A.Ya. Features of regulation labor relations certain categories of workers and the system of Russian labor law // Labor law. - 2008. - No. 10

23. Chanov S.E. Some issues of delimiting an employment contract from contracts with state and municipal employees // Labor law. - 2011. - No. 5

Practical lesson № 12

Topic 12. Change of employment contract (translation, change of essential working conditions). Travel - 4 hours

The purpose of the lesson: development of skills and abilities of drafting amendments to an employment contract, determining the conditions for the legality of amendments to an employment contract

Issues for discussion:

1. Concept and types of translations. Differences between translation and movement.

2. Translation in case of business necessity.

3. Moving.

4. The concept and grounds for suspension from work. Differences between suspension from work from transfer and dismissal.

5. Changes in essential working conditions.

6. Additional guarantees for transfers.

7. Legal consequences of illegal translation.

Practical lesson. Designed for in-depth study of the discipline. Plays an important role in developing students' skills to apply the knowledge gained to solve practical tasks together with the teacher. The structure of practical classes: introduction of the teacher; answers to students' questions on unclear material; the practical part as planned; the final word of the teacher.

Test is designed to identify the level of mastering the conceptual apparatus of the discipline.

Students prepare an individual task on their own and demonstrate the results in class.

test questions for self-test:

1. What are the features of the transfer of a pregnant woman to more easy work?

2. What are the features of the transfer to another job at the initiative of the military enlistment office?

3. What are the differences between translation and translation?

Problem 1

Timofeev was admitted to the auto plant No. 5 as a driver of a car. By order of the auto plant, he was moved to work on the bus. Timofeev refused to work on the bus.

Is Timofeev's refusal legitimate?

Task 2

Citizen Mitrofanov was received at CJSC "Avtokombinat No. 3" as a driver passenger bus... For breaking the rules road traffic he was deprived of the right to drive in accordance with the established procedure vehicles for six months. By order of the auto plant, he was transferred for this period to work as a car mechanic, but Mitrofanov began to new job refused.

Is Mitrofanov's refusal legitimate?

Is this transfer legal?

How to resolve the current problem?

Problem 3

Using the literature on office work, draw up a draft order for the transfer to another job of a working tool shop.

The legislator guarantees the employee the terms of the contract that were agreed upon at its conclusion, and, as a rule, does not allow their unilateral change.

When studying the issue of transferring to another job, it is very important to grasp the very concept of transfer, its difference from moving to another workplace.

According to Art. 72 of the Labor Code of the Russian Federation, a translation is a change labor function or changing the essential terms of the employment contract.

Labor legislation connects the concept of transfer to another job, first of all, with a change in the employee's place of work or his job function (specialty, qualifications, position). Remember that translation always means change. employment relationship an employee with an employer. By general rule, transfer to another job is possible only with the written consent of the employee. An exception to this rule is a temporary transfer initiated by the employer in accordance with Art. 74 of the Labor Code of the Russian Federation. You should be well aware of the conditions and procedure for transferring under the specified article.

The student must know the classification of types of transfers to another job, the grounds and conditions of transfer for each of its types. The current labor legislation provides for different classification translations into types: by terms, depending on the place, depending on the initiative.

It is also necessary to consider the issue of additional guarantees for transfers established by law for certain categories of employees, as well as the legal consequences of illegal transfers.

Practical lesson number 13