Employee Rights – Any person officially employed in a company has numerous labour rights. He may require the employer to respect these rights. But at the same time, there are some rights that many employees of different enterprises do not know about. CEOs of companies use this by not providing hired specialists with optimal working conditions. Therefore, it is advisable to understand the requirements of the Labour Code in order to defend your rights.
Salary
The employee must clearly understand what day he will receive his salary, in what amount, and what compensation will be for delayed wages. The employer pays the wages in the manner prescribed in the employment contract.
Salary is the remuneration of an employee for work, depending on the qualifications, quality and quantity of work performed. The parties determine the amount of the salary by their agreement, it is not limited by law. The only thing guaranteed by law is the payment of wages in the amount of at least the regional minimum wage.
If the employment contract indicates only a part of the promised earnings (in other words, we are talking about a “grey” salary or an “envelope” salary), then the employee must be aware of all the risks of this state of affairs. When signing such an agreement, the employee puts himself in a vulnerable position and in any conflict with the employer risks:
-to not get paid.
-to not get vacation pay.
-to not receive social benefits related to education, childbirth and pregnancy, sick leave payments, etc.
Labour functions
An employee can only be involved in the performance of that work and labour duties that are stipulated in the employment contract. The labour function refers to the mandatory conditions of the employment contract. The labour function includes:
-employee position;
-his profession or speciality;
-type of work to be charged.
Quite often, the list of duties and work functions of the employee is not included in the contract itself, so as not to overload the text of the document, but is prescribed in the job description attached to the contract. In confirmation of the fact that the employee has read the job description, he must sign it.
An employee has the right not to agree to do what is not specified in his job description, and a change in duties is permissible only with his consent. To change the job descriptions, the parties sign an additional agreement.
Job functions should be as specific as possible and not contain abstract language.
If an employee is asked to perform some functions outside his main responsibilities, then he can ask for additional payments or refuse.
Breaks and vocations
Employees need rest to be productive. Employees are guaranteed vacation, time off and break.
All employees are entitled to basic annual leave, during which average earnings are paid. Some workers can count on extended leave, others – on additional paid leave.
Every week, an employee can count on a weekend. If an employee has worked overtime, they can take time off. During the working day, the employee has the right to a lunch break. It lasts at least 30 minutes.
The employer does not have the right to force work on weekends, prohibit dining, or reduce vacation pay.
Working conditions
An employer is obligated to provide employees with a safe workplace and labour protection. The workplace should not be safe in the employer’s opinion but in accordance with the applicable regulations. For example, standards for noise, radiation must be observed, free equipment must be used, etc. The employee must receive all necessary protective equipment: gloves, masks, gowns, rugs, etc.
Compulsory social insurance
The existence of an employment contract automatically provides for the employee’s right to compulsory social insurance. After the conclusion of the employment contract, the employer becomes the policyholder and must pay insurance contributions to the Social Insurance Fund for his employee. They are paid not from the employee’s funds, but from the employer’s salary fund.
The right of an employee to compulsory social insurance in practice means the possibility of receiving paid sick leave, maternity leave, the right to rehabilitation and medical treatment of injuries received at work.
Total and permanent disability (TPD) insurance is a type of life insurance which allows you to claim lump sum payment if you become totally and permanently disabled to work under the term of your policy. Contact a professional TPD lawyers and make sure that you have this type of insurance.
Legal advice
Before starting work, the employee and the employer are required to sign an employment contract that reflects the rights and obligations of the parties. This is a basic document that the parties can refer to in the event of a dispute.
Conclusion
It is obvious that the rights of an employee under the Labour Code are quite extensive and spelled out in detail, but, despite protection from the state, the employer often tries to circumvent the law in his own interests. Make sure to learn your rights and be safe and careful.
