Guarantees and compensations in labor law: concept, types. Labor Code of the Russian Federation Guarantees for Labor Code of the Russian Federation

165. Cases of granting guarantees and compensations

In addition to the general guarantees and compensations provided for by this Code (guarantees for employment, transfer to another job, wages, etc.), employees are provided with guarantees and compensations in the following cases:

when sent on business trips;

when moving to work in another area;

in the performance of state or public duties;

when combining work with education; (as amended by Federal Law No. 185-FZ of July 2, 2013)

in case of forced termination of work through no fault of the employee;

when granting annual paid leave;

in some cases, termination of the employment contract;

due to a delay due to the fault of the employer in issuing a work book upon dismissal of an employee;

in other cases provided for by this Code and other federal laws.

When providing guarantees and compensations, the corresponding payments are made at the expense of the employer. Bodies and organizations in whose interests the employee performs state or public duties (juries, donors, members of election commissions, and others) make payments to the employee in the manner and on the terms provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation . In these cases, the employer releases the employee from the main work for the period of performance of state or public duties. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Chapter 24

Article 166. The concept of a business trip

A business trip is a trip of an employee by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work. Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips.

Features of sending employees on business trips are established in the manner determined by the Government of the Russian Federation. (Part two was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 167. Guarantees when sending employees on business trips

When an employee is sent on a business trip, he is guaranteed the preservation of his place of work (position) and average earnings, as well as reimbursement of expenses associated with a business trip.

Article 168. Reimbursement of expenses related to a business trip

In case of sending on a business trip, the employer is obliged to reimburse the employee:

travel expenses;

additional expenses associated with living outside the place of permanent residence (daily allowance);

other expenses incurred by the employee with the permission or knowledge of the employer.

The procedure and amount of reimbursement of expenses associated with business trips to employees who have concluded an employment contract for work in federal state bodies, employees of state non-budgetary funds of the Russian Federation, federal state institutions are determined by regulatory legal acts of the Government of the Russian Federation. (Part two as amended by Federal Law No. 55-FZ of April 2, 2014)

The procedure and amount of reimbursement of expenses associated with business trips to employees who have concluded an employment contract for work in state bodies of the constituent entities of the Russian Federation, employees of state institutions of the constituent entities of the Russian Federation, persons working in local governments, employees of municipal institutions are determined, respectively, by the regulatory legal acts of state bodies. authorities of the constituent entities of the Russian Federation, regulatory legal acts of local governments. (Part three was introduced by Federal Law No. 55-FZ of April 2, 2014)

The procedure and amount of reimbursement of expenses associated with business trips to employees of other employers are determined by a collective agreement or a local regulatory act, unless otherwise established by this Code, other federal laws and other regulatory legal acts of the Russian Federation. (Part four was introduced by Federal Law No. 55-FZ of April 2, 2014)

Article 168.1. Reimbursement of expenses related to business trips of employees whose permanent work is carried out on the road or has a traveling character, as well as work in the field, expeditionary work

(Introduced by Federal Law No. 90-FZ of June 30, 2006)

For employees whose permanent work is carried out on the road or has an itinerant nature, as well as employees working in the field or participating in expeditionary work, the employer compensates for the following related to business trips:

travel expenses;

the cost of renting a dwelling;

additional expenses associated with living outside the place of permanent residence (daily allowance, field allowance);

other expenses incurred by employees with the permission or knowledge of the employer.

The amount and procedure for reimbursement of expenses related to business trips of employees specified in part one of this article, as well as the list of works, professions, positions of these employees are established by a collective agreement, agreements, local regulations. The amount and procedure for reimbursement of these expenses may also be established by the employment contract.

Article 169. Reimbursement of expenses when moving to work in another locality

When an employee moves, by prior agreement with the employer, to work in another locality, the employer is obliged to reimburse the employee:

expenses for the relocation of the employee, his family members and transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);

expenses for settling in a new place of residence.

The procedure and amount of reimbursement of expenses when moving to work in another locality for employees who have concluded an employment contract for work in federal state bodies, employees of state non-budgetary funds of the Russian Federation, federal state institutions are determined by regulatory legal acts of the Government of the Russian Federation. (Part two as amended by Federal Law No. 55-FZ of April 2, 2014)

The procedure and amount of reimbursement of expenses when moving to work in another locality for employees who have concluded an employment contract for work in state bodies of the constituent entities of the Russian Federation, employees of state institutions of the constituent entities of the Russian Federation, persons working in local governments, employees of municipal institutions are determined accordingly by the regulatory legal acts of the bodies state power of the constituent entities of the Russian Federation, regulatory legal acts of local governments. (Part three was introduced by Federal Law No. 55-FZ of April 2, 2014)

The procedure and amount of reimbursement of expenses when moving to work in another locality for employees of other employers are determined by a collective agreement or a local normative act or by agreement of the parties to an employment contract, unless otherwise established by this Code, other federal laws and other regulatory legal acts of the Russian Federation. (Part four was introduced by Federal Law No. 55-FZ of April 2, 2014)

Chapter 25

Article 170

The employer is obliged to release the employee from work with the preservation of his place of work (position) for the period of his performance of state or public duties in cases where, in accordance with this Code and other federal laws, these duties must be performed during working hours. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The state body or public association that involved the employee in the performance of state or public duties, in the cases provided for by part one of this article, shall pay compensation to the employee for the time of performance of these duties in the amount determined by this Code, other federal laws and other regulatory legal acts of the Russian Federation or by decision of the relevant public association. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 171. Guarantees for employees elected to trade union bodies and labor dispute commissions

Guarantees for employees elected to trade union bodies and not released from the performance of labor duties, and the procedure for dismissal of these employees are determined by the relevant sections of this Code.

Members of commissions on labor disputes shall be given free time from work to participate in the work of the said commission while maintaining their average earnings.

The procedure for the dismissal of employees elected to labor dispute commissions is determined by Article 373 of this Code.

Article 172

Guarantees for employees released from work as a result of their election to elective positions in state bodies, local self-government bodies are established by federal laws and laws of the constituent entities of the Russian Federation that regulate the status and procedure for the activities of these persons. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Chapter 26

Article 173

(as amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's programs, specialist's programs or master's programs in part-time and part-time forms of study and successfully master these programs, the employer provides additional leave with the preservation of average earnings for: (as amended by Federal Law of 02.07.2013 N 185-FZ)

passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs of higher education in a shortened time in the second year - 50 calendar days); (as amended by Federal Law No. 185-FZ of July 2, 2013)

passing the state final certification - up to four months in accordance with the curriculum of the educational program of higher education mastered by the employee; (as amended by Federal Law No. 185-FZ of July 2, 2013)

employees admitted to entrance examinations - 15 calendar days; (as amended by Federal Law No. 185-FZ of July 2, 2013)

employees - listeners of preparatory departments of educational organizations of higher education for passing the final certification - 15 calendar days; (as amended by Federal Law No. 185-FZ of July 2, 2013)

employees studying under state-accredited bachelor's programs, specialist's programs or full-time master's programs that combine education with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying work and passing final state exams - four months, for passing the final state exams - one month. (as amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who successfully complete state-accredited bachelor's, specialist's or master's degree programs in part-time education are paid once per academic year by the employer for travel to and from the location of the relevant educational organization. (Part three as amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who are mastering state-accredited bachelor's programs, specialist's programs or master's programs in part-time and part-time forms of study for a period of up to 10 academic months before the start of passing the state final certification are set at their request a working week, reduced by 7 hours. During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage. (as amended by Federal Law No. 185-FZ of July 2, 2013)

By agreement of the parties to the employment contract, the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensations for employees who combine work with studies in bachelor's programs that do not have state accreditation, specialist's programs or master's programs are established by a collective agreement or an employment contract. (as amended by Federal Law No. 185-FZ of July 2, 2013)

Article 173.1. Guarantees and compensations for employees who combine work with higher education - training of highly qualified personnel

(introduced by Federal Law No. 185-FZ of July 2, 2013)

Employees who are studying programs for the training of scientific and pedagogical personnel in graduate school (adjuncture), residency programs and assistantship-internship programs for correspondence courses are entitled to:

additional annual leave at the place of work lasting 30 calendar days with the preservation of average earnings. At the same time, the time spent on travel from the place of work to the place of training and back is added to the annual additional leave of the employee, while maintaining the average earnings. The specified travel is paid by the employer;

one free day from work per week with payment in the amount of 50 percent of the wages received. The employer has the right to provide employees at their request in the last year of study no more than two additional free days from work per week without pay.

Employees who are studying programs for the training of scientific and pedagogical personnel in graduate school (adjuncture), as well as persons who are applicants for the degree of candidate of science, are also entitled to provide them with an annual additional leave of three months at their place of work to complete a dissertation for the degree of candidate of science while maintaining average earnings.

Article 174

(as amended by Federal Law No. 185-FZ of July 2, 2013)

For employees who successfully master state-accredited educational programs of secondary vocational education in part-time and part-time forms of education, the employer provides additional leave with the preservation of average earnings for:

passing intermediate certification in the first and second courses - 30 calendar days each, in each of the subsequent courses - 40 calendar days each;

passing the state final certification - up to two months in accordance with the curriculum of the educational program of secondary vocational education mastered by the employee; (as amended by Federal Law No. 185-FZ of July 2, 2013)

The employer is obliged to grant unpaid leave:

employees admitted to entrance examinations - 10 calendar days; (as amended by Federal Law No. 185-FZ of July 2, 2013)

employees who master state-accredited educational programs of secondary vocational education in full-time education and combine education with work, for passing intermediate certification - 10 calendar days in the academic year, for passing the state final certification - up to two months. (as amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who are studying state-accredited educational programs of secondary vocational education in part-time education, once in the academic year, the employer pays for travel to the location of the educational organization and back in the amount of 50 percent of the fare. (Part three as amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who are mastering state-accredited educational programs of secondary vocational education in part-time and part-time forms of study, within 10 academic months before the start of the state final certification, are set, at their request, a working week reduced by 7 hours. During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage. (as amended by Federal Law No. 185-FZ of July 2, 2013)

By agreement of the parties to the employment contract, concluded in writing, the reduction of working time is carried out by providing the employee with one free day from work per week or by reducing the length of the working day (shift) during the week.

Guarantees and compensations for employees who combine work with education in educational programs of secondary vocational education that do not have state accreditation are established by a collective agreement or an employment contract. (as amended by Federal Law No. 185-FZ of July 2, 2013)

Article 175

Article 176

(as amended by Federal Law No. 185-FZ of July 2, 2013)

Employees who successfully master state-accredited educational programs of basic general or secondary general education in part-time education, the employer provides additional leave with the preservation of average earnings to pass the state final certification for the educational program of basic general education for a period of 9 calendar days, according to the educational program secondary general education for a period of 22 calendar days.

Employees who are mastering state-accredited educational programs of basic general or secondary general education in part-time and part-time education, during the academic year, at their request, a working week is established, reduced by one working day or by the number of working hours corresponding to it (with a reduction in the working day ( shifts) during the week). During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

Guarantees and compensations for employees who combine work with the development of educational programs of basic general or secondary general education that do not have state accreditation in part-time and part-time education are established by a collective agreement or an employment contract.

Article 177

(as amended by Federal Law No. 185-FZ of July 2, 2013)

Guarantees and compensations for employees who combine work with education are provided when they receive an education of the appropriate level for the first time. The specified guarantees and compensations can also be provided to employees who already have a vocational education of the appropriate level and are sent to receive education by the employer in accordance with an employment contract or apprenticeship agreement concluded between the employee and the employer in writing. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 185-FZ of 02.07.2013)

The additional holidays provided for in Articles 173-176 of this Code may be supplemented by annual paid holidays by agreement between the employer and the employee.

An employee who combines work with education at the same time in two organizations engaged in educational activities, guarantees and compensations are provided only in connection with education in one of these organizations (at the choice of the employee). (Part three as amended by Federal Law No. 185-FZ of July 2, 2013)

The form of the certificate-call, which gives the right to provide guarantees and compensations to employees who combine work with education, is approved by the federal executive body responsible for developing state policy and legal regulation in the field of education. (Part four was introduced by Federal Law No. 185-FZ of July 2, 2013)

Chapter 27

Article 178. Severance pay

Upon termination of the employment contract in connection with the liquidation of the organization (clause 1 of part one of Article 81 of this Code) or the reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid a severance pay in the amount of the average monthly earnings, as well as for he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay). (As amended by Federal Law No. 90-FZ dated June 30, 2006)

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the public employment service agency, provided that the employee applied to this agency within two weeks after dismissal and was not employed by him.

Severance pay in the amount of two weeks of average earnings is paid to the employee upon termination of the employment contract due to:

the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer's lack of an appropriate job (paragraph 8 of part one of Article 77 of this Code);

conscription of an employee for military service or sending him to an alternative civilian service that replaces it (paragraph 1 of the first part of Article 83 of this Code);

reinstatement at work of an employee who previously performed this work (paragraph 2 of part one of Article 83 of this Code);

the refusal of the employee to transfer to work in another locality together with the employer (paragraph 9 of the first part of Article 77 of this Code);

recognition of an employee as completely incapable of working in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code);

refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (paragraph 7 of the first part of Article 77 of this Code). (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

An employment contract or a collective agreement may provide for other cases of payment of severance benefits, as well as establish increased amounts of severance benefits, with the exception of cases provided for by this Code. (as amended by Federal Law No. 56-FZ of April 2, 2014)

Article 179

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When reducing the number or staff of employees, the preferential right to remain at work is granted to employees with higher labor productivity and qualifications. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

With equal labor productivity and qualifications, preference is given to staying at work: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood); persons in whose family there are no other self-employed workers; employees who received an industrial injury or occupational disease during the period of work with this employer; invalids of the Great Patriotic War and invalids of military operations for the defense of the Fatherland; employees who improve their skills in the direction of the employer on the job. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The collective agreement may provide for other categories of workers enjoying the preferential right to remain at work with equal labor productivity and qualifications. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 180

When carrying out measures to reduce the number or staff of employees of the organization, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

In the event of a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, a collective agreement, an agreement. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 181

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

In case of termination of the employment contract with the head of the organization, his deputies and the chief accountant in connection with the change of ownership of the organization's property, the new owner is obliged to pay compensation to the specified employees in the amount of not less than three times the average monthly earnings of the employee, except for the cases provided for by this Code. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 56-FZ of 02.04.2014)

Article 181.1. Severance pay, compensation and other payments to employees in certain cases of termination of employment contracts

(introduced by Federal Law No. 56-FZ of April 2, 2014)

A collective agreement, agreements, local regulations, labor contracts or decisions of the employer, authorized bodies of a legal entity, as well as the owner of the property of the organization or persons (bodies) authorized by the owners cannot provide for the payment of severance pay, compensations to employees and (or) the appointment of any or other payments in any form in cases of dismissal of employees on grounds that relate to disciplinary sanctions (part three of Article 192 of this Code), or termination of employment contracts with employees on the grounds established by this Code, other federal laws, if this is associated with the commission by employees of guilty action (inaction).

Chapter 28. OTHER GUARANTEES AND COMPENSATIONS

Article 182. Guarantees when transferring an employee to another lower-paid job

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When transferring an employee who, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, needs to be provided with another job, to another lower-paid job, this employer retains the average earnings from his previous job for one month from the date of transfer, and in case of transfer in connection with a labor injury, occupational disease or other damage to health associated with work, until a permanent loss of professional ability to work is established or until the employee recovers. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 157-FZ of 22.07.2008)

Article 183. Guarantees for an employee in case of temporary disability

In the event of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

The amount of benefits for temporary disability and the conditions for their payment are established by federal laws. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 184

In case of damage to health or in case of death of an employee due to an accident at work or an occupational disease, the employee (his family) shall be compensated for his lost earnings (income), as well as additional expenses related to damage to health for medical, social and professional rehabilitation or corresponding expenses in connection with the death of an employee.

The types, volumes and conditions for granting guarantees and compensations to employees in these cases are determined by federal laws. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 185. Guarantees for employees sent for medical examination

For the duration of the medical examination, employees who are required to undergo such an examination in accordance with this Code shall retain their average earnings at the place of work. (as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 317-FZ of 25.11.2013)

Article 186

On the day of donating blood and its components, as well as on the day of the related medical examination, the employee is released from work. (as amended by Federal Law No. 317-FZ of November 25, 2013)

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided, at his request, with another holiday. (as amended by Federal Law No. 421-FZ of December 28, 2013)

In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest.

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be attached to the annual paid leave or used at another time within a year after the day of donating blood and its components. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this. (as amended by Federal Law No. 122-FZ of 22.08.2004)

Article 187

(as amended by Federal Law No. 185-FZ of July 2, 2013)

When an employer sends an employee to vocational training or additional vocational education with a break from work, he retains his place of work (position) and the average salary at the main place of work. Employees sent for vocational training or additional vocational education away from work in another area are paid travel expenses in the manner and in the amount that are provided for persons sent on business trips. (as amended by Federal Law No. 185-FZ of July 2, 2013)

Article 188. Reimbursement of expenses when using personal property of an employee

When an employee, with the consent or knowledge of the employer and in his interests, uses personal property, the employee is paid compensation for the use, wear (depreciation) of the tool, personal transport, equipment and other technical means and materials belonging to the employee, and the expenses associated with their use are also reimbursed. The amount of reimbursement of expenses is determined by the agreement of the parties to the employment contract, expressed in writing.

Each official employment must be supported by certain guarantees and compensations. Guarantees and compensations in labor law are mandatory. And if the second concept is exclusively material in nature, the first can have both material and non-material connotations. Let's take a closer look at what these provisions include.

Definitions

Basically, the concept of guarantees and compensations is considered from the point of view of labor law. According to Article 164 of the Labor Code of the Russian Federation, guarantees are understood as the means, conditions and methods by which employees of organizations are granted various rights in social and labor relations. Guarantees that are provided by law and provide these rights to all employees may be of a material and non-material nature. The former include maintaining wages during vacation or training, a long business trip or sick leave, etc. The second concept includes the preservation of the workplace or the provision of another position.

In relation to guarantees, such concepts as payments or surcharges are also used. Guarantee payments are understood to be such payments that are issued to an employee for the time that he did not fulfill his labor obligations for good reasons, which are established by law. They replace salaries according to the general rules. Guarantee surcharges are laid in excess of the established salary.

Compensation is understood as cash payments, which are reimbursement to the employee of those costs that are associated with the performance of labor duties and are provided for by law.

If an employee spent money in the course of production needs, the organization must compensate for the losses incurred in monetary terms.

The concept of guarantees and compensations in labor law can also be used jointly, if the case so requires. For example, if the employee is a donor.

In addition to reimbursement of expenses, employees are entitled to compensation for non-pecuniary damage that may be caused in the workplace.

Basic goals

The main purposes of providing guarantees and compensations are:

Providing employees with average earnings in individual cases provided for by law, when they do not fulfill their direct duties.
Reimbursement to employees of the monetary costs specified in the law, incurred by them due to production needs.

The main guarantees and compensations in the labor law of the Russian Federation are spelled out in the Labor Code of the Russian Federation.

Types of guarantees

The main types of guarantee payments include:

Special cases

In addition to the established guarantees, the legislation distinguishes the following types of guarantees and compensations in labor law:

When sent on business trips or other business trips.
When moving to another city in order to fulfill labor obligations.
When performing state or public activities.
When combining study and work.
If necessary, stop work due to the fault of the employee.
during the annual holiday.
In exceptional cases of termination of employment relations.
Due to the delay in issuing a labor form due to the fault of the employer upon termination of the employment relationship.
Other types of guarantees and compensations that are provided for by labor law.

Basic principles

The main principles for providing compensation and guarantees include:

establishing a mandatory level of compensation and guarantees;
the obligation of heads of organizations to provide employees with statutory guarantees and compensations;
the employee's right to statutory compensation and guarantees;
the possibility of improving the situation of employees in comparison with what is established by the legislation in the field of compensation and guarantees at the level of the agreement at the expense of the contracting parties.

Business trips

A business trip is understood as a trip of an employee at the direction of the head for a specific period to fulfill their duties.

Today, the legislation does not establish a maximum business trip period, it is determined by the employer individually, based on the nature of the assignment. A business trip is not considered a trip of an employee who has a traveling nature of work.

The direction of an employee on a business trip must be issued by order of the head of the organization. Based on this, a travel certificate is issued, in which it is necessary to indicate the beginning of the trip and its end, as well as the point of business trip. At the end of the trip, the employee must submit a report on the work done.

When an employee is sent on a business trip, he is provided with guarantees and compensations, which are designated as mandatory in labor law. These include:

Preservation of the workplace and position. An employee does not have the right to be transferred to another position or dismissed at the initiative of the employer (if this is not the liquidation of the enterprise).
Maintaining wages. During the business trip, the employee retains the average earnings. If a citizen works part-time, then the payment of travel expenses, as well as the preservation of earnings, falls on the organization that sent him on the trip. If an employee is sent on a business trip by both organizations at once, then the salary must be kept both at the main place and part-time.
Reimbursement of travel expenses. Such reimbursements include: travel expenses, accommodation expenses, additional expenses and those expenses that are allowed to the employee with the consent and knowledge of the employer.

A special compensation procedure is provided for those employees who work on a rotational basis. Since this way of working is permanent for them, instead of daily allowances, they are paid supplements to the basic tariff rate.

moving

Guarantees and compensations in labor law are also briefly described for moving to work in another locality.

Moving is usually associated with various expenses, and the employer must reimburse them. The following are subject to reimbursement:

expenses for the relocation of the employee and his family, as well as for the transportation of the main property (the exception is cases when the employer provides the employee with the necessary means of transportation);
expenses for settling in a new place.

The amount of compensation must be agreed between the parties in writing.

Military duty

Guarantees and compensations in labor law are also provided for citizens performing military duty. Such persons can be released from work while maintaining their place of work and average earnings (during military training), receive reimbursement related to the rental of housing, payment for relocation or travel from home to work, receive travel allowances for the period of medical examination, examination or treatment for the purpose of setting for military registration, preparation for conscription or military service.

If the organization incurred expenses due to the implementation of the law on military duty, then they are reimbursed from the federal budget.

Combining study and work

Guarantees and compensations in labor law are also regulated for employees who combine study and work. These include:

Educational leave (may be granted on the basis of a certificate-call from an educational institution).
Shortening of the working day.
Travel compensation.

Guarantees and compensations can be provided if:

the institution has state accreditation;
the employee timely fulfills the norms of the curriculum, has no debts for semesters, performs all assigned work on time;
The employee has never received higher education before.

If an employee receives education at several institutions at once, then payments are provided in connection with training in one of them.

If an employee studies part-time, the employer once a year pays for his travel. At the request of an employee studying in absentia or in the evening form, he can reduce the working week by seven hours for ten months before preparing for a thesis or passing state exams.

Devyatov I.N.

The editors continue to acquaint managers, accountants, lawyers and personnel officers with the main provisions of the new Labor Code of the Russian Federation. The materials will be given in the form of comments, explanations and examples of practical use, as well as in comparison with the previous Labor Code of the Russian Federation.

Section VII "Guarantees and compensations" is devoted to the system of guarantees and compensations in the new Labor Code of the Russian Federation.

At the same time, under the guarantees of the Labor Code of the Russian Federation, we understand the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured, and under compensations, directly cash payments established in order to reimburse employees for the costs associated with the performance of their labor or other obligations under federal law.

The Labor Code of the Russian Federation highlights the following guarantees and compensations (Article 165):

* when sent on business trips;

* when moving to work in another area;

* in the performance of state or public duties;

* when combining work with education;

* in case of forced termination of work through no fault of the employee;

* when granting annual paid leave;

* in some cases, termination of the employment contract;

* due to a 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.

At the same time, it should be noted that, unlike the previous Labor Code of the Russian Federation, the new Code links the provision of guarantees and compensation exclusively with the labor relations of an employee with an employer. Therefore, if guarantees and compensation are to be provided under the concluded contract, then the corresponding payments are made from the employer's funds. If the employee performs state or public duties, donates blood for a fee, then the corresponding payments must be made by the bodies in whose interests such actions are performed. The employer in such cases, for its part, only releases the employee from the performance of labor duties (Article 165 of the Labor Code of the Russian Federation) without making any payments, even average earnings.

Thus, the previously valid Article 111 of the Labor Code of the Russian Federation, which guaranteed the employee the preservation of average earnings for the duration of the performance of state or public duties, has completely lost its practical force with the adoption of the new Labor Code of the Russian Federation, and therefore the average wage from the employer’s funds should not be paid upon the departure of employees during business hours for:

1) exercising the right to vote;

2) the participation of deputies in sessions of the Soviets of People's Deputies, and in cases established by law, in the performance of other deputy duties;

3) appearing on a summons to the bodies of inquiry, preliminary investigation, to the prosecutor and to the court as a witness, victim, expert, specialist, translator, witness, as well as participation in court hearings as people's assessors, public prosecutors and public defenders, representatives of public organizations and labor collectives;

4) participation in the work of commissions for the appointment of pensions and medical and labor expert commissions (VTEK) as members of these commissions allocated by trade union organizations;

5) appearing on a call to the commission for the appointment of pensions as witnesses to testify about the length of service;

6) participation of members of voluntary fire brigades in the elimination of a fire or an accident;

7) performance of other state or public duties - in cases provided for by law.

The payment of average earnings must be made by the party that called the employee, and the employer releases the employee from work during the absence (see article 170 of the Labor Code of the Russian Federation).

Guarantees for sending employees on business trips. When sending employees on business trips, they retain their place of work (position), as well as average earnings (Article 167 of the Labor Code of the Russian Federation), in accordance with the established procedure.

In addition, the employer reimburses the following travel expenses (Article 168 of the Labor Code of the Russian Federation): travel expenses; the cost of renting a dwelling; additional expenses associated with living outside the place of permanent residence (daily allowance); other expenses incurred by the employee with the permission or knowledge of the employer.

It is noteworthy that, according to the Labor Code of the Russian Federation, the procedure and amount of reimbursement of expenses associated with business trips are determined by a collective agreement or a local regulatory act of the organization, and such amounts of reimbursement cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget.

Reimbursement of expenses when moving to work in another area. When an employee moves, by prior agreement with the employer, to work in another locality, the latter is obliged to reimburse (Article 169 of the Labor Code of the Russian Federation):

* expenses for the relocation of the employee, his family members and transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);

* expenses for settling in a new place of residence.

As you can see, the list of reimbursable expenses did not include a one-time allowance for the employee himself and for each moving family member, as well as wages for the days of collection on the road and accommodation at a new place of residence, but not more than 6 days, as well as for the time being on the road, previously provided for by Article 116 of the Labor Code of the Russian Federation and Decree of the Council of Ministers of the USSR of July 15, 1981 N 677 "On guarantees and compensation when moving to work in another area."

However, Article 169 of the Labor Code contains such a voluminous concept as the costs of settling in a new place of residence, which may well include the costs given in the previous paragraph.љ

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract, but cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget (prior to the publication of new regulations, according to the author, the provisions of the Resolution of the Council of Ministers of the USSR dated July 15, 1981 N 677).

Guarantees and compensations for employees who combine work with training. If the previously effective Labor Code of the Russian Federation did not actually operate in a number of guarantees and compensations provided to employees combining work with training, then the new Labor Code of the Russian Federation incorporated all currently valid types, cases and conditions for providing guarantees and compensations.

It should be noted that, as before, guarantees and compensations in the general case (unless otherwise provided by the contract between the employee and the employer) can only be provided to persons studying in state-accredited educational institutions, and only to persons who are successfully studying.

If all this takes place, then the employer is obliged to provide the benefits established by law. In this case, it does not matter whether the employee acted (acts) independently or was sent by the employer.

In addition, it should be borne in mind that benefits are provided subject to obtaining an education of the appropriate level for the first time.

An employee who combines work with studying at two educational institutions at the same time is granted benefits only in connection with studying at one of these educational institutions at the choice of the employee (Article 177 of the Labor Code of the Russian Federation).

Persons studying in higher educational institutions are provided with the following benefits (Article 173 of the Labor Code of the Russian Federation):

1) additional leave in connection with studies while maintaining average earnings for:

* passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the main educational programs of higher professional education in a shortened time in the second year - 50 calendar days);

* preparation and defense of the final qualifying work and passing the final state exams - four months;

* employees admitted to entrance examinations to educational institutions of higher professional education - 15 calendar days;

* employees - students of preparatory departments of educational institutions of higher professional education to pass final exams - 15 calendar days;

* employees studying in state-accredited educational institutions of higher professional education in full-time education, combining study with work, for passing intermediate certification - 15 calendar days in the academic year, for preparing and defending the final qualifying work and passing the final state exams - four months, for passing the final state exams - one month.

3) љ payment to employees studying in correspondence form of education, the cost of travel to the location of the relevant educational institution and back once a school year;

4) a reduced working week by 7 hours for a period of ten academic months before the start of a graduation project (work) or passing state exams, a working week is established at their request, with the preservation of 50 percent of the average earnings at the main place of work, but not below the minimum wage (by agreement of the parties, the reduction of working hours can be made by providing the employee with one day off from work per week or by reducing the length of the working day during the week).

Persons studying in higher educational institutions are provided with the following benefits (Article 174 of the Labor Code of the Russian Federation):

1) additional holidays with the preservation of the average wage for:

*passing intermediate certification in the first and second courses, respectively - 30 calendar days, in each of the subsequent courses, respectively - 40 calendar days;

*preparation and defense of the final qualifying work and passing the final state exams - two months;

*passing the final state exams - one month.

2) leave without pay:

*employees admitted to entrance examinations to state-accredited educational institutions of secondary vocational education - 10 calendar days;

*employees studying in state-accredited educational institutions of secondary vocational education in full-time education, combining study with work, for passing intermediate certification - 10 calendar days in the academic year, for preparing and defending the final qualifying work and passing the final state exams - two months, for final exams - one month;

3) payment once in an academic year to employees studying by correspondence, the cost of travel to the location of the specified educational institution and back in the amount of 50 percent of the cost of travel;

4) reduction by 7 hours of the working week for employees studying in part-time (evening) and part-time forms of education for ten academic months before the start of a graduation project (work) or passing state exams with the preservation of 50 percent of the average earnings at the main place of work, but not lower than the minimum wage (by agreement of the parties to the employment contract, the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week).

Persons studying in educational institutions of primary vocational education are provided with the following benefits (Article 175 of the Labor Code of the Russian Federation):

1) additional leave with the preservation of the average salary for passing exams for 30 calendar days within one year.

Persons studying in evening (shift) educational institutions are provided with the following benefits (Article 176 of the Labor Code of the Russian Federation):

1) additional leave with the preservation of average earnings for the final exams in grade IX - 9 calendar days, in grade XI (XII) - 22 calendar days;

2) reduced by one working day or by the number of working hours corresponding to it (if the working day is reduced during the week) during the academic year with the preservation of 50 percent of the average wage, but not less than the minimum wage.

It should be noted that the procedure for granting benefits to employees - students of postgraduate education is still regulated by the Federal Law of the Russian Federation of August 22, 1996 N 125-FZ "On Higher and Postgraduate Vocational Education".

Guarantees and compensations for employees sent for advanced training. When an employee is sent for advanced training with a break from work, the employee, in accordance with Article 187 of the Labor Code of the Russian Federation, retains the place of work (position) and the average salary at the main place of work.

Employees sent to improve their skills with a break from work in another area are additionally reimbursed for travel expenses.

Compensation for the use of personal property of an employee. When an employee, with the consent or knowledge of the employer and in his interests, uses personal property, the employee is paid compensation for the use, wear (depreciation) of the tool, personal transport, equipment and other technical means and materials belonging to the employee, and the expenses associated with their use are also reimbursed. The amount of reimbursement of expenses is determined by the agreement of the parties to the employment contract, expressed in writing.

At the same time, compensation for the use of personal cars for business trips should be made taking into account the provisions of the letter of the Ministry of Finance of the Russian Federation of July 21, 1992 N 57 "On the conditions for paying compensation to employees for the use of personal cars for business trips" and the order of the Ministry of Finance of the Russian Federation of February 4, 2000 N 16n "On changing the marginal rates of compensation for the use of personal cars and motorcycles for business trips."

Providing employees with personal protective equipment. Like Article 148 of the previously applied Labor Code of the Russian Federation, Article 17 of the Federal Law of the Russian Federation of July 17, 1999 N 181-FZ "On the Basics of Labor Protection in the Russian Federation", the Labor Code of the Russian Federation (Article 221) provides for the obligation of the employer to provide for persons employed in work with hazardous and (or) hazardous working conditions, as well as at work associated with pollution, certified personal protective equipment, flushing and disinfecting agents in accordance with the standards approved in the manner established by the Government of the Russian Federation.

Acquisition, storage, washing, cleaning, repair, disinfection and neutralization of personal protective equipment for employees is carried out at the expense of the employer.

The employer is also obliged to ensure the storage, washing, drying, disinfection, decontamination, decontamination and repair of special clothing, special footwear and other personal protective equipment issued to employees in accordance with established standards.

At present, within the framework of providing employees with personal protective equipment, the requirements of the Decree of the Ministry of Labor of the Russian Federation of December 18, 1998 N 51, which approved the "Rules for providing employees with special clothing, special footwear and other personal protective equipment", as well as Model industry standards for issuing personal protective equipment protection approved by the Russian Ministry of Labor.

Issuance of milk and therapeutic and preventive nutrition. In accordance with Article 222 of the Labor Code of the Russian Federation at work with harmful working conditions, workers must be given milk or other equivalent food products free of charge according to established standards. At work with especially harmful working conditions, therapeutic and preventive nutrition should be provided free of charge according to established standards.

The norms and conditions for the free distribution of milk or other equivalent food products, as well as therapeutic and preventive nutrition, are approved in the manner established by the Government of the Russian Federation.

Prior to the establishment of such a procedure, organizations should be guided by the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions of December 16, 1987 N 731 / P-13, which approved the Procedure for the free distribution of milk or other equivalent food products to workers and employees engaged in work with harmful working conditions, as well as Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of January 7, 1977 N 4 / P-1, which approved the "List of industries, professions and positions, work in which gives the right to receive free medical and preventive nutrition in connection with especially harmful working conditions", and See also "Rations for therapeutic and preventive nutrition and norms for the free distribution of vitamin preparations", "Rules for the free distribution of therapeutic and preventive nutrition" (for more details, see the material published in the first issue of the journal in 2002).

The Labor Code also establishes other guarantees and compensations for employees in connection with the termination of an employment contract (Chapter 27 of the Labor Code of the Russian Federation), for temporary disability (Article 183 of the Labor Code of the Russian Federation), in the event of an accident at work and an occupational disease, in the field of medical support, donation, professional training, retraining and advanced training (Chapter IX), labor protection (Section X of the Labor Code of the Russian Federation).

In part 1 of Art. 164 of the Labor Code of the Russian Federation, guarantees are defined as the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured. Thus, as the purpose of applying the guarantees established by law, the exercise of the rights of employees is indicated. Consequently, guarantees perform a security function in relation to the rights established by employees.

The Labor Code of the Russian Federation divides guarantees and compensations into general (when hiring, transfers, remuneration, termination of an employment contract, etc.) and special Kolobova S.V. Labor law in Russia: Textbook for universities. - M: Yustitsinform, 2005. S. 264 ..

The source of financing for guarantees and compensations can be both the employer's funds and the funds of bodies and organizations in whose interests the employee performs state or public duties (juries, donors, etc.).

Legal regulation of the conditions for the provision of guarantees and compensations is not the prerogative of labor legislation and is carried out with the help of federal laws and other regulatory legal acts.

In accordance with Art. 165 of the Labor Code of the Russian Federation, in addition to general guarantees, for example, when hiring, transferring to another job, for wages, employees are provided with certain guarantees in the following cases: 1) being sent on business trips; 2) moving to work in another area; 3) performance of state or public duties; 4) combining work with education; 5) forced termination of work through no fault of the employee; 6) granting annual paid leave; 7) termination of the employment contract on separate grounds; 8) delays through the fault of the employer in issuing the work book to the employee upon dismissal.

Naturally, this list of guarantees is not exhaustive, since the establishment of additional guarantees in agreements, collective agreements, other local acts of the organization, and an employment contract improves the position of the employee in comparison with the current legislation. In this connection, their establishment does not conflict with the law.

The basic rights of an employee include: 1) provision of work according to the function stipulated in the employment contract; 2) the right to working conditions corresponding to the current standards; 3) receiving remuneration for the work performed. Accordingly, guarantees are designed to ensure the implementation of these rights. For example, an employee may be absent from work for reasons established by law. In this case, he is guaranteed the preservation of the workplace and average earnings.

The rights of employees may be of a property or non-property nature.

The existing guarantees for the exercise of these rights may also be of a property or non-property nature. In particular, in the absence of an employee at work due to a violation of the terms of payment of wages, he is guaranteed the preservation of the workplace, the previous working conditions, and the non-dissemination of personal data. The listed guarantees can be recognized as non-property, since they do not have a value determined for the employee Commentary on the Labor Code of the Russian Federation. / Rev. ed. Yu.P. Orlovsky. - M.: INFRA-M, 2009. - 1500 p. Lebedev V. Interaction of labor law systems and labor legislation // Russian justice. - 2003. - No. 11. S. 24 ..

During the absence of an employee from work due to non-payment of wages, he is guaranteed the preservation of the average wage. This guarantee is of a property nature, since it is associated with the provision of movable property to the employee in the form of cash in a certain amount.

A distinctive feature of non-property guarantees is their direct connection with the place of work of the employee, they are designed to ensure that the employee retains the previous working conditions, including the workplace, in cases established by law. In this connection, the main non-property guarantee is the provision to the employee of the former place of work after absence for good reasons recognized as such by law, for example, in case of violation of the terms of payment of wages.

Property guarantees are directly related to the right of the employee to receive monetary remuneration for his work, that is, wages. In connection with which they are always associated with the size of the average wage received by the employee. Therefore, the provision of property guarantees is directly related to the size of the average salary of an employee.

In connection with the foregoing, we can single out the following legally significant circumstances that characterize the legal concept of guarantees in the sphere of labor. Firstly, the establishment in the legislation, agreements, collective agreement, other local legal acts of the organization, labor contract. Secondly, the direct provision of labor rights provided for in the legislation. Thirdly, ensuring the implementation of both non-property and property rights of workers in the labor sphere. At the same time, non-property guarantees are designed to ensure the preservation of the previous working conditions, in particular the place of work. Property guarantees are always associated with the wages received by the employee. Lebedev V. Interaction between the systems of labor law and labor legislation // Russian justice. - 2003. - No. 11. S. 24 ..

The provision of non-property guarantees is associated with ensuring the rights that arise for employees in labor relations. As a general rule, such guarantees terminate with the end of the employment relationship. However, the employer is obliged to provide the employee with the storage and transfer of his personal data in compliance with the requirements of labor legislation and after his dismissal. Thus, this guarantee is valid even after the termination of the employment relationship. However, non-compliance by the employer with this guarantee entails the possibility for the employee to receive the losses caused by the rules of civil law after the termination of the employment relationship with him. At the same time, the person with whom the employment relationship has been terminated may demand not only compensation for losses incurred in connection with the refusal of the employer to comply with non-property guarantees, but also compensation for non-pecuniary damage Mironov V.I. Labor law of Russia. - M., 2006. S. 354 ..

Property guarantees also operate in parallel with labor relations. However, separate guarantees are provided even after dismissal from work. These include severance pay paid to laid-off persons. However, the presence of this guarantee does not affect the fate of the employment relationship that has been terminated.

In connection with the foregoing, it can be concluded that guarantees are associated with the provision of rights arising in labor relations. The provision of these guarantees after the termination of the employment relationship does not affect their fate, but such provision also serves to ensure the labor rights of employees, which may continue after the termination of the employment relationship, for example, the right to compensation for losses caused by the employer and compensation for moral damage due to non-compliance with the established rules of conduct legislation.

The state and the law provide and consolidate guarantees and compensations to employees, as the most vulnerable side of the labor agreement. We are talking about those who work on. It doesn't matter if it's urgent or permanent. If such a document was not signed, we can talk about a civil law contract. And, of course, guarantees and compensations to employees do not apply to the parties to such an agreement. Or maybe this is the case when the employee will be forced to apply with.

Thus, guarantees are a mechanism that includes conditions, means and ways of exercising the rights of an employee. These are the legal grounds for entering into labor relations, the restoration of illegally violated rights, etc. And compensations are monetary payments for the purpose of reimbursing the expenses of employees incurred in the performance of duties.

Providing guarantees and compensations to workers

Labor legislation establishes general guarantees and compensations that apply when concluding an employment contract, transfers, deductions from wages, as well as special cases of such privileges.

Guarantees and compensations are provided in the following cases:

business trip;
fulfillment of assigned state or public duties;
moving to work in another area;
combining work with education;
forced termination of the agreement through no fault of the employee;
annual;
in some cases, termination of the employment contract;
violation of the deadlines for issuing a work book through no fault of the dismissed employee;
in other cases established by law, collective or labor agreement.

Guarantees and compensation for employees on a business trip

When sending an employee on a business trip, he is guaranteed:

preservation of the place of work - the employer will not dismiss the employee during this period on his own initiative (except for the liquidation of the enterprise), will not transfer to another position;
salary throughout the business trip, taking into account the time spent on the road, is preserved. In addition, at the discretion of the employee, it can be sent to him at the expense of the organization that sent him;
reimbursement of expenses - the employer pays for travel, accommodation, other expenses (as agreed). Per diems are paid, and the employee submits financial documents in support.

Guarantees and compensations in the performance of state (public) duties

For the period of fulfillment of the assigned state or public duties, the employer releases the employee from labor duties. But he keeps his job. Compensation is paid by the state body or public organization that attracted the employee.

Guarantees and compensation for employees when moving to work in another area

This type of compensation arises if the employer has received the employee's consent to such a move. The employer reimburses the costs of the travel of the employee and his family members; export of property, excluding cases of providing the employee with the appropriate transport; set-up costs. The exact amount of reimbursement of expenses is determined by the agreement. By-laws have been approved for civil servants.

Guarantees and compensation when combining work with education

This method of guarantees and compensation is used by the employer, provided:

state accreditation of an educational institution;
successful education (without debt);
receiving relevant education for the first time;
combining study and work, if it occurs in several educational institutions, guarantees are provided in one place of study at the choice of a citizen.

The employer is obliged to provide the employee with additional paid. More details - Art. 173-177 of the Labor Code of the Russian Federation.

Guarantees and compensation upon termination of an employment contract

When an employee is transferred to a permanent, but lower paid position on a medical report, the guarantees are to maintain his average salary for a month from the date of transfer. In the event of a work injury or occupational disease - until full capacity for work or recovery.

In case of temporary disability, the employer pays the employee an allowance.

The employer must pay severance pay to the dismissed employee:

1) in the amount of the average salary for two weeks - to citizens, if the employment contract is terminated due to:

inconsistencies in the position held or the function performed, for health reasons, making it impossible to continue this work and refuse;
conscription of an employee to serve in the army;
reinstatement of an employee who performed this work earlier;
refusal to transfer an employee related to the relocation of the enterprise to another area, etc. (Article 178 of the Labor Code of the Russian Federation).

2) in the amount of the average salary per month - to citizens, if it is broken due to:

liquidation of the enterprise;
reduction in the number of employees;
violation of the rules established by labor legislation, the conclusion of an employment contract, committed through no fault of the employee.

Guarantees and compensations to employees in case of delay in the issuance of a work book, wages

In case of violation of the deadlines for issuing a work book to an employee, the average daily salary for each delayed day is compensated. In addition, the employee can count on the recovery of moral damages.

Guarantees and compensations to employees for delayed wages are established in the form that is paid regardless of the fault of the employer.