Terms
1. Labor Code – трудовой кодекс
2. Labor Contract (LC) – трудовой договор
3. Civil Contract (CC) – гражданский договор
4. Employer - Работодатель
5. Employee - Работник
Plan
1. Differences (Общие черты): Labor Contract vs. Civil Contract
2. Purpose of Labor Law
3. Deed capacity under Labor Law (vs. Civil Law)
Example 2
Andrei, director of company Arico, hires
accountant Volodya to check and put in
order corporate financial accounts and
to make quarter and annual tax reports.
It takes Volodya one month to check
and put in order company’s financial
accounts.
Volodya worked 16 hours a day,
including weekends and holidays.
Example 2
Let’s assume that Andrei is genuinely
dissatisfied with Volodya’s work, and
he would like to fire (уволить)
Volodya. Andrei thinks that Volodya’s
work is crap, and does not want to pay
any money.
In fact, there were lots of mistakes in
Volodya’s work, and his work was
extremely bad.
Example 2
Civil Law
Can Andrei fire Volodya?
Does Andrei need to pay
money?
Labor Law
Can Andrei fire Volodya?
Does Andrei need to pay
money?
Example 2
Civil LawCan Andrei fire Volodya? Findyourself in the Civil Code.*
Does Andrei need to paymoney? Find yourself in theCivil Code.*
Labor LawCan Andrei fire Volodya? Findyourself in the Labor Code.*Does Andrei need to pay money? Art. 1, 23 & 134
*Look for «расторжение договора и последствия)
I. IEC vs. SC
1. Regulated by Labor Law Civil Law
2. Different consequences1. Termination of contract
2. Payment
3. Holidays
4. Weekends
5. Paid vacations
3. Purpose of Labor Law
Purpose to protect rights and
interests of parties to employment relationships
to set minimum guarantees of rights and freedoms
4. Deed capacity: Art. 22 & 17 Civil Code vs. art. 30, KZ Labor Code)
Can Volodya, 16 years of age, beemployed by government?
Can Volodya, 16 years of age, beemployed by company Arico?
Can Ivan, 15 years of age, be employed?
Can Aina, 14 years of age, be employed?
Can Maria, 7 years of age, be employed?
Employee (art. 30, KZ Labor Code)
18 years for government service (art. 13,Statute on Government service)
16 years
15 years of agea. written consent of parents or guardiansb. finished secondary education
14 years of agea. written consent of parents or guardiansb. parents or guardians must sign IECc. job not hindering education processd. non-hazardous to health
Employee (art. 30, KZ Labor Code)
Younger than 14 years1. job in
2. written consent of parents of guardiansa. movie making (фильмы)
b. circus
c. theatres
d. Concerts
3. non-hazardous to health or moral welfare
Differences
CIVIL CONTRACT LABOR CONTRACTName of Parties (art. 683) Name of Parties (art.24)
Form (art. 151) Oral and Written Form (art. 1 (39)) Only written
Payment upon result (683, 349, 401) Payment upon time (art. 136)
Rescission (Расторжение) Rescission
Terms (art. 2 (2) & 382 & 380) Terms 23 (2/2); 14 &10
Liabilities (ответственность) (349, 350) Liabilities (177, 134 (Labor Code), 148(Criminal Code), 87 (Administrative Code)
Parties(стороны): Any physical & legal entities can be Parties
Parties(стороны): Only legal entities and IE can employ (art. 19, Civil Code)
Does not need to provide work conditions (all equipment, vacation, insurance, etc)
Provide work conditions (all equipment, vacation, insurance, etc) (art. 1 (39)
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