Home / Jurisprudence / Labor law How is the employer's liability for violation of labor legislation?

How is the employer's liability for violation of labor law?

/
1 Views

What responsibility is waiting for the employer for violation of labor legislation?

Violation of the rights of workers by the employer entailsThe offense provided by the law of responsibility in the form of applying to it civil law (liability) and administrative measures.

Reimburse the employee unpaid wagesThe employer is obliged to pay, if he illegally removed the employee from work, illegally dismissed or transferred to another position. In addition, the employer's liability to employees arises, if

Violation of the rights of workers by the employer entailsThe offense provided by the law of responsibility in the form of applying to it civil law (liability) and administrative measures. To compensate the employee for unpaid wages, the employer is obliged, if he illegally removed the employee from work, illegally dismissed or transferred to another position. In addition, the employer's financial responsibility to employees arises if he, without statutory grounds, refused to reinstate employees. Reimbursement is subject to the following amounts: wages - vacation payouts. At the same time, all refunds are paid with interest in the amount not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation. The amount of interest is calculated according to the unpaid payments for each day of delay, starting from the day following the established payment day to the day of actual calculation inclusive. The amount of monetary compensation can be established in a collective agreement, a local regulatory act or an employment contract. Art. 236 of the LC RF provides for the obligation of the employer to make payments even in the absence of his fault. The employer is also compensated for the damage to the property of the employee. To do this, it is necessary to determine the market value of the property, which is either paid in full. With the consent of the employee, the damage can be compensated in kind. In addition, the employer is responsible for the moral damage caused to the employee, which is provided for in Part 4 of Art. 3 and part 9 of Art. 394 of the Labor Code of the Russian Federation. Moral damage can also occur when a worker's property rights are violated, for example, with a delay in the payment of wages, vacation pay. For violation of the labor and labor protection legislation, the employer may be brought to administrative responsibility on the basis of Art. 5.27 of the Administrative Code of the Russian Federation.

It is main inner container footer text