When the labor of hired workers is not used. Wage labor, entrepreneur and taxes

As a result of studying this chapter, the student should:

know

• essence and main characteristics of the labor market;
• the basic principles of the functioning of the organization;

be able to

• predict and plan the need for personnel in accordance with the strategic plans of the organization and determine effective ways its definitions;
• analyze the state and development trends of the labor market in terms of meeting the needs of the organization in personnel;

own

Methods of planning the number and professional composition of employees in accordance with the strategic plans of the organization.

Wage labor and its main characteristics

Any economic activity person or family, the result of which is income in monetary form, is considered as a profitable occupation (Fig. 3.1).

Rice. 3.1.

If we consider labor not as a category inherent in all atomic systems, but as a category market economy, then the integral place in the system economic relations occupies primarily wage labor.

The status of an employee puts the employee under the guardianship and protection of the law and the organization itself (Table 3.1). It is the organization that hires and fires employees and ensures their career growth. The status of an employee does not allow him to be used as a labor force beyond measure, he cannot be fired without sufficient grounds. An employee enters into a contract and is endowed with certain rights and obligations.

Table 3.1. Who is considered an employee

Aspect of consideration	hired worker	Independent employment
Taxation	Pays taxes in accordance with the Tax and Labor Codes of the Russian Federation	By tax code RF for self-employment
Can work for more than one firm	Usually only one company	The number of companies for which a free worker can work is usually not limited
Tools, equipment and means of transport	Provided employer	Usually their
Daily control	Work, as a rule, is set within established boundaries and norms	Usually he organizes the work within his own framework
Can refuse to work	Very serious consequences for refusing to do work	Can usually refuse to do work without any consequences

For his work, an employee receives a salary (salary), which depends on various tariffs, terms of payment (rationing) of labor, contracts, etc., the fulfillment (violation) of which may cause conflict relations with employers.

In the conditions of a centrally planned economy, state hiring of labor force reigned supreme, which was of a total nature, all workers (with very few exceptions) depended on the state as the main employer.

Beginning in 1992, for the first time, graduates of universities and other educational institutions found themselves on the free labor market.

In pre-reform times, the worker was not completely economically free to dispose of his labor force; there was a mass of various measures of bureaucratic control and forced labor at all levels of the economic hierarchy. Work was seen as a duty, not a right. This gave rise to the possibility of a not always justified expansion of the sphere of wage labor.

Voluntary unemployment was seen as an administrative or even criminal offense. In essence, there was no main condition for the existence of wage labor itself - the labor market, which implies the unrestricted movement of labor and its transfer from one sphere of the economy to another, not to mention the fact that the price of labor would have to be mainly determined by the labor market, rather than a centralized, unified tariff system for the whole country and a mass of extraneous non-market factors.

Wage labor can be viewed as a labor service that an employee provides to his employer and indirectly to society as a whole. Such a "service" brings money to the employee, it is also the basis for acquiring a certain status and self-identification. For this reason, people cling to it with all their might, measuring their success by it, linking to it all their expectations both in relation to themselves and in relation to their country; not thinking of my future without her.

Labor services are acquired in the labor market. They can be provided, but the workers themselves cannot be bought, but at the same time, by buying on the labor market not a person’s ability to work, but a person as such, the entrepreneur takes on the obligation to treat a person as a person. This is manifested not only in providing a person with a decent salary and an appropriate standard of living worthy of the level of his professional qualifications (which goes without saying), but also in the employer's expectation that the more favorable conditions that he provides to the employee should be expressed in additional labor returns. worker. The acquisition process goes through several stages: first, contact is established between the buyer and the seller of labor services; then there is an exchange of information about price and quality; further - upon reaching an agreement - a certain labor contract on employment guarantees comes into force, which reflects the issues of remuneration, stability of the proposed work, the period for which it is calculated, etc., i.e. in the labor market, labor is distributed among firms, industries, professions and regions in accordance with accepted agreements, determined by the ratio "labor efforts - compensation", but at the same time, the employee and the employer act as equal partners (Fig. 3.2).

However, labor services are inseparable from the workers themselves, so the conditions under which the purchase of services takes place always have a significant impact on the transaction and the purchase price. These conditions can be: market conditions, existing ideas about "fairness", working conditions, restrictions on the demand side, etc. These conditions under which transactions are made can increase or decrease the size of labor efforts, increase or decrease the profitability of transactions and, accordingly, generate more or less profitable, equivalent or non-equivalent exchanges between labor and result. As a result, sectors of profitable and non-profitable application of labor are being formed, which have formal, resource and time restrictions for labor overflows.

Currently, the relationship between an employee and an employer is not limited to a simple contract for the sale of labor for a monetary reward.

Wage labor is reduced by force, because the rapid technical progress releases more labor than is needed. Until recently, economists and politicians hoped that the laid-off would find employment in the service sector. Meanwhile, the automation process has also begun there. Many foreign economists and politicians pin their hopes on new jobs connected to computer information systems.

Rice. 3.2. Partnerships in the "employee-employer" system

networks. However, they are clearly not enough to employ the millions of workers and employees who are displaced (replaced) by new technologies. The development of new technologies, primarily information technologies, leads not only to the direct elimination of jobs. Clearing the way for globalization, there is a re-sorting and redistribution of the surviving .

Today, replacing the traditional production organizations enterprises that have guaranteed employment and good pay for their workers for a long period, come the amorphousness and vagueness of enterprises. Large enterprises are increasingly transferring some of their functions to contractors, moving production to regions with cheap factors of production, resorting to concluding temporary contracts with personnel, using workers during

Rice. 3.3.

part of the working day, practice staff leasing and other forms of hiring workers. In the case of wage labor, this means that well-paid, employment-providing jobs are no longer guaranteed to most workers. In the future, short-term jobs will play a more significant role, requiring flexibility, pragmatism and versatility from a person. The consequence of such changes in the labor market is a change in the education system, the compliance of which with the requirements of a rapidly changing world is the most important problem of our time.

Thus, in modern conditions the process of formation of wage labor of the market type is twofold. From point of view individual people this is primarily a problem that is resolved by the emergence of new workers or the transition of some of the former employees to the category of paupers or marginals, with the subsequent loss of their socio-professional and material status. In both cases, the composition of society changes, the transformation of which into a new state has its own specific mechanism and is subject to general economic laws. Such a mechanism, in particular, is a developed labor market, through which an army of hired labor is gradually being formed (Fig. 3.3).

For example, when developing a business plan, an entrepreneur studies the market for goods that he is going to produce, looks for sources of raw materials, determines the necessary working capital and production areas and even determines the need for labor. But the labor market for workers in relevant professions remains out of his attention. No assessment is made of the content and nature of work and their compliance with the educational and professional level of employees. Then the entrepreneur is faced with an inexplicable phenomenon: the equipment is imported, the raw materials are also imported, and the products are domestic.

• See: Reflections on the Future of Labor // Problems of Management Theory and Practice. 2002. No. 2. P. 40.

Chapter 2
2.1. The concept of wage labor

Hired labor in many sources is interpreted as the labor of an employee working under an employment contract in a company, organization, of which he is not the owner. 1 Wage labor 2 is a historical form of labor characterized by the following features:

a precondition for the completion of the labor process is the purchase and sale of goods labor force in the labor market
the labor process is carried out under the supervision of the employer
the product of labor belongs to the employer

Historically, wage labor has replaced natural labor. Natural labor was characteristic of primitive communal, feudal and slave-owning societies. Natural labor was characterized by the fact that the worker was not the owner of his labor power. The spread of wage labor is a new stage in the development of society. The use of wage labor is not originally exploitation
someone else's labor in the Marxist sense. Hired workers are involved because without them the entrepreneur and his family cannot physically cope with the business. Workers are hired as helpers. Cases when such workers became, as it were, members of the family are described, for example, in the literature of the 19th century in Russia. The developed modern system of wage labor implies a formed system of rights and obligations for employees, including the right to own their labor force, the right to compete with other labor force sellers and the right to choose the buyer of their labor force, to choose the place of sale of labor force.
__________________________
1 See: Course of economic theory. Textbook / Ed. Chepurina M. N., Kiseleva E. A., - Kirov: ASA Publishing House, 1995. - p. 112
2 Dictionary of business terms - http://www.businessvoc.ru/bv/ TermWin.asp... Release date: April 29, 2011

The bulk of the people follow the road of hired labor. Until recently, it was even considered that this is one of the easiest, that is, the best, ways that can guarantee a constant job and a constant income. Until today, there are such concepts as permanent work and permanence of income. But, unfortunately, businesses are no longer able to provide the sense of security they once did.
Hired labor is work for someone, and most importantly, for someone. By choosing this medium, we are selling ourselves. We sell not only our knowledge, skills and experience, but also our strength and health. We sell ourselves to someone who hires us and pays very small percentages. On this path, the scheme works: the employer is the one who owns the final word, the employee can only follow the orders of the boss.
The concept of labor, hired labor is important for the study of labor problems at the present stage of development. market relations. Labor is the basis of the life of human society.

2.2. Features of hired labor

Judging by employment in private enterprises, the Russian hired force is becoming increasingly market-oriented. In each sector of the economy and, in particular, in individual enterprises, employed workers can be represented by the following categories:
- the main staff of employees, which includes employees with high technical or professional qualifications
- working pensioners
- people who have a second job (part-time work with the main place of work, work under labor contracts, commercial activities and the provision of services to the population).
Most people in such activities represent a career ladder that begins with employment in a reputable company, after which there is an accumulation of knowledge, experience, promotion, more responsibilities and assignments, and finally the expected high position. The advantage of such work is that such an area of ​​employment provides the most social protection for workers, of course, in the case of official registration and following the law of the Labor Code. The employee has a guaranteed salary, payment for temporary disability, and contributions to the Pension Fund. The dismissal of such an employee can only occur when he violates the terms of the contract and the law. If suddenly there is a reduction in staff, then the former employee must receive compensation. And by the way, such an employee does not have such responsibility as the one who is in "free swimming". The employer takes care of providing his employee with all the necessary conditions and work.
In addition to positive qualities, there are also negative ones, these are the so-called career shortcomings. First and foremost, this is that such employment is not to the liking of those people who are used to being free in relation to work, who want to decide for themselves when and what to do. And hired work can hardly provide such conditions to its employee. Here, the employee follows clearly established rules at a certain time - this is the organization's routine. The second is that not every company can boast of possible career growth, so employees cannot always rise above their position. The third refers to the material side of the issue. If you work for someone else, then you will probably receive less than when you run your own business.

2.3. Requirements for attracting hired labor and features of the employment contract.

Today, the current legislation clearly defines the requirements that must be met by the employer if they hire employees. Before considering the requirements for attracting hired labor, the author proposes to introduce the concept of an employee. Hired worker - person ( individual ) hired to do the work. Between the person hired to perform the work and employer usually an employment contract.
As follows from labor legislation, an employment contract must be concluded with each of the employees.
True, an employment contract will be considered concluded if the employee has started work on behalf of the employer or his representative. In this case, the employer is obliged to draw up an employment contract within three days from the date the employee was admitted to perform his duties, and failure to comply with these obligations, the employer or the representative of the employer may be held administratively liable. 3
Due to the fact that there are two parties to the employment contract: the employee and the employer, the contract is drawn up in duplicate so that one copy remains for the employee, and the second remains for the employer. When concluding an employment contract, the employer has the right to demand from the employee the following documents:
- identity document
- work book

_________________________
3 Labor Code of the Russian Federation, part 2, art. 67
- insurance certificate of state pension insurance
- document military registration
- education document
There are advantages and disadvantages of an employment contract. The advantages of an employment contract for an entrepreneur include the following:

The employee must obey work schedule set by the entrepreneur.
A sufficiently high degree of control over the activities of the employee by the entrepreneur-employer.
Possibility to set a test when applying for a job.

Employment agreements (contracts) are concluded:

For undefined period
for a fixed period of not more than five years;
while doing a certain job.

The employer has a number of basic responsibilities to the employee. These duties include paying wages(Table 2.1.), established by the contract, but not less than the established minimum wage, create conditions appropriate for the work performed, ensure safety and sanitary requirements, provide the employee with the necessary time for rest (breaks during the working day, days off, annual leave), pay the employee all the benefits and compensation provided for by labor legislation.

Table 2.1.

pay systems.

The general grounds for termination of an employment contract are:
1. Agreement of the parties.
2. Expiration of the term, unless the employment relationship actually continues and neither of the parties has demanded its termination.
3. Conscription or admission of an employee to military service,
4. Termination of the employment contract (contract) at the initiative of the employee, at the initiative of the employer.
5. Transfer of an employee with his consent to another employer or transfer to an elective position.
6. Refusal of the employee to continue work due to a change in essential working conditions. The employee must be warned about these circumstances no later than two months before they occur.
7. The entry into force of a court sentence by which the employee was sentenced (except for cases of probation and suspension of the execution of the sentence) to imprisonment, corrective labor outside the place of work, or to another punishment that precludes the possibility of continuing this work.

2.4. Advantages and disadvantages of hired labor

There are widespread opinions of people about the advantages and disadvantages of wage labor. Naturally, there are many advantages and disadvantages, but the author proposes to consider some of them.
If we talk about the pros, then there are much more of them than the minuses, which is good. First, every month, on a certain day, a wage worker receives a wage. The worker also knows that once a year he must receive his due rest. If an employee works in a more or less large company, then there is a high probability of some stability in your position (provided with a stable salary for years to come).If a worker is tired of his place of work, then it is much easier for him to part with it than for the owner of his own business, who has his hard-earned money invested in the business.
Now you can consider the disadvantages of hired labor. The hired worker works for the boss, the boss (as a rule, for most workers, this is the biggest minus).Also, you can’t oversleep, be late for work without receiving a reprimand or any consequences. The worker should always ask the supervisor's permission to proceed. An increase in income is possible only if career development. It takes a lot of work to grow up the career ladder. In some structures, it is generally impossible to get a higher position.
As a rule, the system is very difficult to change and almost impossible to get around, so you have to accept all the advantages and disadvantages of wage labor. In fact, this applies not only to hired labor, but also to work in public institutions.

Conclusion

Labor is a person's activity, in the process of which he realizes his mental abilities, i.e. carries out its highest activity.
The problem of labor force and hired labor is relevant in our modern society. By using and selling our labor force we secure our life, the future of our children.
etc.................

Federal Agency for Education

State educational institution higher
vocational education

"Ural State Economic University"

department of national economy

HIRED LABOR

Coursework in labor law

Artist: Marina Anatolievna

Taktaeva

Student

Distance Education Center

gr. EPB-09ART

(signature)

Scientific adviser Slyusarenko T.V.

_______________________________

(signature)

Preliminary estimate________

Date of protection __________________

Grade_______________________

Yekaterinburg, 2010

Introduction……………………………………………………………………………...3

1. Theoretical foundations of the study of wage labor……………………..6

1.1. The concept of wage labor………………………………………………….6

1.2. Wage labor as a subject legal regulation…………………8

2. Features of the regulation of hired labor………………………………..15

2.1. Requirements for attracting hired labor………………………....15

2.2. Characteristics of hired labor………………………………………..16

2.3. Principles for creating a system of incentives for employees.19

3. Features of the use of hired labor on the example of JSC "Artinskiy Zavod"…………………………………………………………………………...28

3.1. general characteristics enterprises……………………………………28

3.2. Attraction and use of hired labor in the enterprise .... ... 30

Conclusion…………………………………………………………………………….33

Bibliographic list……………………………………………………….36

Annex 1

Annex 2

Introduction

The study of hired labor is relevant in the context of expanding market relations and is one of the most important general economic problems. This is explained by the fact that it is the social and labor sphere that is the most sensitive element of the life of society, because the tension of relations underlying it can cause a social explosion, the consequences of which are mostly predictable in a negative way.

In the conditions of economic transformations, the issues of hired labor have become a priority, due to a number of difficulties that negatively affect the social and labor sphere. This is a systemic crisis, accompanied by an increase in social tension in society, a drop in the standard of living of a significant part of the country's population; and the arbitrariness of employers in the commercial sector as a result of imperfection legislative framework and indifference of the executive power; and numerous violations in the public sector of the economy, dictated by the time and the irresponsibility of a number of modern leaders.
Priority of problems socially - labor relations also due to the increased dynamics of negative trends in the sphere of wage labor, such as: the expansion of the zone of the shadow economy, whose workers are generally deprived of the opportunity to protect their labor rights; aggravation of contradictions between the labor force and the administration of enterprises, expressed in a significant differentiation in wages and a conscious desire to enrich individual managers; in the deterioration of the situation of enterprises with the aim of their further bankruptcy and the acquisition of property rights at minimal cost; as well as the tightening of labor legislation, indicating an increase in the differentiation of the rights of various participants in the system of labor relations.
The reform carried out in modern conditions requires a rethinking of many established ideas about wage labor and its essence, which recently do not correspond to the economic realities of society. Wage labor in the conditions of market relations acts as a multifaceted phenomenon, the economic essence of which develops in close relationship with the diversity of property and management and many other factors that have a significant impact on its dynamics. However, many views and judgments either do not take into account these features of wage labor relations at all, or look so unconvincing that there is a need for their serious reassessment, the synthesis of new ideas that determine the place of the social and labor sphere in the modern economy. There was a need for a new concept of wage labor, reflecting its essence, capable of showing the diversity of its modern forms of manifestation in economic practice, and allowing the use of those that would provide optimal performance. labor activity, security of workers in the field social and labor relations and the prospects for the functioning of wage labor of all categories labor resources, regardless of their competitiveness in a market economy.

The purpose of the course work is to study hired labor as a subject of legal regulation, as well as forms of manifestation of hired labor, features of its application at various levels in the context of economic transformations.

The subject of the study is a set of production

relations regarding the functioning of wage labor in its various forms of manifestation.

In the course of achieving this goal, the following tasks:

1) to explore the development of wage labor relations in modern conditions;

2) highlight the features of the regulation of hired labor;

3) to determine the features of the use of hired labor.

The object of the study is the open joint-stock company "Artinsky Zavod", which operates under the conditions of economic transformations.

The course work is based on the works of domestic authors such as E.A. Sukhanova, O.S. Belokrylova, E.V. Mikhalkina, N.A. Brilliantova and others, materials of the seminar “Practice of contractual relations with company employees. Peculiarities of attraction, registration and use of wage labor”. The information base of the study was the collective agreement and local regulations of the enterprise, the civil code and labor legislation of the Russian Federation. As factual material, examples of hired labor in JSC "Artinskiy Zavod" are given.

1.Theoretical foundations of the study of wage labor

1.1. The concept of wage labor

hired labor - a historical form of labor, which is characterized by the following features:

1) a precondition for the completion of the labor process is the sale and purchase of the commodity "labor power" in the labor market;

2) the labor process is carried out under the supervision of the employer or the personnel hired by him;

3) the product of labor belongs to the employer, contains a newly created value, consisting of the cost of the necessary product, which compensates for the cost of labor power and surplus value.

Obtaining surplus value is the goal of the employer who buys labor power and organizes the production process.

Historically, wage labor has replaced natural labor, characteristic of primitive communal, slave-owning and feudal societies. Natural labor, with all its differences in the data of the mode of production, was characterized by the fact that the worker was not the owner of his labor power, there were no conditions for its purchase and sale. The emergence and spread of the wage labor system is a qualitatively new stage in the development of society, forming a historical era that continues to the present.

Conditions for the emergence of hired labor:

1) market relations;

2) the appearance on the market of a specific product "labor".

A developed system of hired labor implies a well-formed system of rights and obligations for employees, including the right to own their own labor force; the right to compete with other sellers of labor in determining the level of payment, requirements for the quality of labor, etc.; creating trade unions to defend their interests; the right to choose the buyer of their labor force, to choose the place of sale of labor force (freedom of movement); the right to choose the goods of life and ways of satisfying the needs of life, etc. All forms of freedom in which the wage worker is placed are connected with his personal responsibility for himself, for decision at the choice of the employer, observance of the conditions of employment, maintenance of one's labor force in a normal state, etc. In contrast to all forms of natural (non-wage) labor, where a significant part of the responsibility for the condition of the worker, his existence, labor was assigned to the owner (slave owner, landowner ), a developed system of hired labor forms an employee as a person who is fully responsible for himself, his choice, decision-making.

concept as " work », « wage labor»is important for the study of labor problems at the present stage of development of market relations, their correct solution. Labor is the basis of the life of human society. There is practically no such economic problem in any sphere of human activity that would not be connected with his interests and work.

Labor issues in the current conditions have become so acute that their unresolved increasingly causes social conflicts that need to be resolved as soon as possible. Therefore, a deeper understanding of the economic essence of hired labor makes it possible to use it in the process of practical transformation of labor, improvement of labor activity and labor relations.

Work - this is an activity objectively inherent in a person, aimed at meeting the needs of society and carried out as a result of the transformation of what is available to a person.

1.2. Wage labor as a subject of legal regulation

Influenced by the rules labor law social relations that develop in the process of applying and organizing labor are clothed in a legal form and become legal relations. At the same time, it is important to note that social relations in the sphere of labor do not always function in a legal form, that is, in the form of legal relations, although it is predominant. In some cases, these relations are regulated by customs, norms corporate organizations, moral standards. However, social relations on the use of hired labor always require legal form regulation.

The labor law of Russia in an environment of market relations must comply with the idea of ​​a social state enshrined in the Constitution of the Russian Federation (Article 7), whose policy is aimed at creating conditions that ensure a decent life and free development, primarily of wage labor.

In the conditions of market relations, the price of labor is determined by agreement of the parties, since free labor as a commodity becomes a source of income, profit both for an employee who sells his ability to work, and for an employer who uses the acquired labor to obtain surplus value.

The interaction between the two main participants in the labor market - the employee and the employer, who entered into contractual relations regarding the use of the employee's ability to perform certain work for pay - is characterized by the stability of relations between them. Being regulated by the rules of law, these relations become legal relations, a legal model of the behavior of the parties to the employment contract. The objects of such relations, on which the interests of the parties to the employment contract are focused, are labor as the ability and obligation of the employee to perform the labor function necessary for the employer and wages, i.e. the ability and obligation of the employer to timely and fully pay for the work of an employee, pay him wages.
Wage labor organized by the employer with the participation of the employee, in contrast to individual or individual-group labor, i.e. labor “for oneself”, acquires social and public significance, becomes social labor, due to which the social significance of such labor sharply increases and it becomes the object of not only joint regulation by agreement of the parties - a private law contract between the employer and the employee, but also state legal regulation.

The state, participating in the regulation of the use and use of hired labor in the interests of society, as well as the employee and the employer, adopts legal norms that establish the legal boundaries of the legal freedom of participants in labor relations, within which they independently determine working conditions, their rights and obligations by concluding an employment contract , guided by the current legislation, which in the mechanism of labor regulation assigns a central place to the employment contract.

But even after the employer and employee enter into contractual relations, after determining the basic conditions for the use and remuneration of labor, the state does not withdraw from control over the forms and extent of its application, since social labor, unlike individual labor, affects the interests of not only the employee and employer, but of the whole society. Therefore, the state cannot completely leave the regulation of labor relations at the mercy of the contracting parties.
The state cannot withdraw from the regulation of labor and control over the conclusion and execution of an employment contract, and because its parties - the employer and the employee - are in an unequal position, do not have either actual or legal equality.

The unequal position of the parties to the employment contract is already seen in the fact that the Labor Code of the Russian Federation gives the employer disciplinary power in relation to the employee, gives him the right to make mandatory demands on him, to apply incentives and penalties to the employee (Articles 191, 192 of the Labor Code of the Russian Federation ) without asking for his consent. In order to limit the employer's ability to abuse its leadership position in labor relations, in rationing and remuneration of the worker, in providing him with benefits, creating necessary conditions for work, as well as to guarantee the rights of employees, the state establishes the rules for concluding, executing, amending and terminating an employment contract, the principles of legal regulation of labor relations, an indicative list of which is given in article 2 of the Labor Code of the Russian Federation.

Heading this list is the principle of freedom of labor, which includes the right to work that everyone freely chooses or freely agrees to, and the prohibition of forced labor, labor without adequate fair pay. The principle of freedom of labor is of fundamental importance for the entire mechanism of legal regulation of the use of labor. After all, only free and remunerated labor, which implies fair payment for its use, can be the object of legal and contractual regulation.
Among a significant number of diversified contracts regulating the paid use of free labor, a significant proportion are civil law contracts for the performance of work or the provision of services (contracts, storage, transportation, assignments, for the performance of research work, etc.), which are concluded and executed according to the rules of civil law. The parties to them are persons interested in obtaining such work or service (customers), and persons providing such work or service (performers, contractors).
The second large group of contracts for the paid use and use of hired labor consists of contracts (contracts) concluded with persons entering the state (federal or regional) service (civil, military or law enforcement) or municipal service to perform work in a specific position. The service relations arising on this basis are regulated not by the norms of labor, but by constitutional (state), administrative, municipal and other branches of law. Being in organic unity and having a common subject of regulation, these legal norms of different sectoral affiliation in their totality form an intersectoral complex institution, which in recent legal literature is often called service law.
The third group of contracts for the free and paid use of the labor of employees is employment contracts. They are concluded directly by employees and employers on the basis and in the manner prescribed by labor law.

In economics, the employee and the employer interact at two levels:

1) in the labor market, where the wage rate is determined and a collective agreement is concluded;

2) within the enterprise, where payment systems are established that fix for specific jobs, groups, jobs, professions, positions and activities, specific relationships between the payment of employees and the results of their work.

Within the enterprise, the relationship between employees and employers is built on the basis of labor standards that establish the working day, the intensity of labor.

The employer provides the employee with the scope of work and provides him with safe working conditions. The employee, in turn, must effectively and efficiently perform the amount of work provided to him within the existing norms.

Thus, the stimulation of employees at the enterprise is closely related to the scientific organization of labor, which includes labor rationing, which is a clear definition of the range of job duties employee and those qualitative and quantitative results of labor that are required of him.

Speaking about the stimulation of employees, it is necessary to take into account such a concept as labor motivation. Motivation is defined by two concepts: need and reward.

Needs are primary and secondary.

The primary ones include the physiological needs of a person: food, water, clothing, housing, rest, etc. Secondary needs are psychological in nature: needs for affection, respect, success.

When stimulating labor as providing an employee with remuneration for work that he uses to satisfy his needs, it must be borne in mind that different people approach this issue in different ways, defining different values ​​for themselves. So, for a person of high material wealth, extra time for rest can be more significant than Additional income which he would have received for overtime work. For many people, such as knowledge workers, it will be more important to be respected by colleagues and interesting job than the extra money he could get if he went into business or became a commercial agent.

The forms and methods of employing hired labor and attracting labor on the basis of an employment contract do not remain unchanged, given once and for all. They are significantly influenced by the ongoing changes in the socio-economic sphere of society, which are especially noticeable in the modern period, characterized by the transition of the country's economy to market regulation, to a market economy, the meaning and purpose of which is to maximize profit, which, in turn, pushes users hired labor, especially in the field of entrepreneurship, to find new ways to get a highly productive and highly skilled labor force on the labor market at the lowest wages, using it with the greatest return, while minimal cost to its content.

At the same time, the state proceeds from the fact that the degree of protection of the rights and interests of employees as the main carriers of labor, the efficiency of social labor will be the higher, the better the process of using labor force, the labor process, is organized. And in this, the dominant role belongs to employers as a party to the employment contract, which not only hires workers and uses their labor in its production in accordance with the terms of the employment contract, but also performs an important social function- creates jobs, provides people with work, ultimately contributes to the improvement of the well-being of workers and the material well-being of the whole society.

Therefore, the labor contract merges together both the labor of an employee who has accepted the obligation to perform certain work in the interests of the employer for remuneration, and the labor of an employer who performs an important and necessary work to create conditions for the work of the employee, to organize the labor process itself. With this in mind, the employment contract is intended to fulfill not only the role of a regulator of relations between employees and employers, but also to contribute to the achievement of the goal proclaimed by the Constitution of the Russian Federation - to ensure a decent life and free development of a person. And this implies that not only the employee must have real guarantees for the exercise of their rights and freedoms, but also the employer. Fulfilling the obligation to provide required level labor rights and guarantees of employees, the employer must also be able to satisfy his own interests in making a profit from entrepreneurial, organizational, administrative and other activities.

Consequently, the subject of legal regulation within the framework of an employment contract is not only the work of an employee, but also the work of an employer, who is no less important and socially significant figure than an employee.

The combination of labor and other related interests of the employee and the employer within the framework of the employment contract creates favorable conditions for social partnership in the sphere of labor, the legal basis for the implementation of the objectives of labor legislation to establish state guarantees of the rights, freedoms and interests of workers and employers (Article 1 TKRF).

2. Features of the regulation of hired labor
2.1. Requirements for attracting hired labor

The current legislation clearly defines the requirements that must be met by employers if they hire employees. As follows from labor legislation, an employment contract must be concluded with each employee. It must be in writing.

However, an employment contract will also be considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. At the same time, the employer is obliged to draw up an employment contract within three days from the date the employee is actually admitted to perform his duties (part 2 of article 67 of the Labor Code of the Russian Federation). For non-compliance with this obligation, an authorized representative of the employer may be held administratively liable.

Due to the fact that there are two parties to the employment contract: the employee and the employer, the contract is drawn up in two copies, one of which must be transferred to the employee, and the other to be kept by the employer.

When concluding an employment contract, the employer has the right to demand from the employee the following documents:

Passport or other identity document;

Employment book, except for cases when the employment contract is concluded for the first time or the employee goes to work on a part-time basis;

Insurance certificate of state pension insurance, except for cases when the employment contract is concluded for the first time;

Military registration document - for persons liable for military service and persons subject to conscription for military service;

A document on education, qualifications or the availability of special knowledge or special training.

Documents not included in this list, including those provided for by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation, are prohibited from demanding.

When concluding an employment contract, it should be borne in mind that certain restrictions are established by law. The main ones are restrictions related to:

The age of the worker;

The need to comply with the form of the contract;

The need to pass medical examination;

Establishing a test for an employee;

Reasons for not signing the contract.

All employers are required to fulfill their obligations towards employees in accordance with the law.

2.2. Characteristics of hired labor

As a kind of antipode to independent work, one can name non-independent or hired labor. The division into these two categories is based on the attitude of the worker to the means of production used in the labor process, or to the instruments of labor (mechanisms, tools, etc.). The ownership of such means by the worker, as we have seen, gives rise to the effect of a direct or direct connection of man's labor power with his own means of production. The union of the worker's labor power with the means of production, of which he is not the owner, is carried out not directly, but indirectly: the owner of the corresponding labor power and the owner of the means of production must first agree on the conditions for the employment of labor on the basis of these means, i.e. enter into a contract.

The first element of the social organization of wage labor is the nature of wage labor, since the nature of wage labor to a certain extent reflects the qualitative state of the productive forces of society. So, if the division of labor is not required for the production of a particular type of product, it has the character of an individual, regardless of the existing ones in a particular historical period. industrial relations. If, in order to increase and reduce the cost of production, it becomes necessary to divide wage labor, then each work operation is allocated an independent type of activity, organically and inextricably linked with all the others, i.e. labor takes on the character of a joint work.

The division of wage labor is necessary only where its introduction is necessary for the growth of labor productivity and the rate of its production. There are many examples in the history of mankind when the production of a violent division of labor and the socialization of the means of production had the opposite effect and the rate of production fell sharply.

The division of labor, which takes place naturally, is fixed in production, constituting it internal structure only if it leads to an increase in labor productivity and its quality. This indispensable condition for any division of labor acquires the property of a defining criterion with its in-depth division, since the second side of in-depth division (joint) labor is the coordination of joint labor, which causes the objective need to create control bodies for the production process, and the costs of maintaining management personnel are included integral part cost of manufactured products.

Therefore, a deep division of labor should bring very useful results. It is necessary that, as a result of its introduction, the costs of maintaining the administrative apparatus do not exceed the cost of the final product produced on the basis of undivided labor.

The next element in the characteristics of hired labor is the form of attraction to work. Hired social and labor relations are based on the freedom to conclude an employment contract between the employer and the employee. The freedom to conclude a contract follows from the legal equality of the employer and the employee, which is extremely unambiguously and exhaustively found its expression and consolidation in the norms of Art. Art. 17, 18, 19, 34, 35, 36, 37 and others of the Constitution of the Russian Federation, including the norm of an imperative nature: labor is free, forced labor is prohibited.

Freedom of labor - in addition to the ideological aspect relevant to our country - a person consuming, may not work at all, means an unlimited opportunity for everyone to choose the form of labor for each person - in free form or for hire. It is the possibility of independent choice that makes the conclusion of an employment contract really free, since the legal equality of the parties is only their formal equality in relation to each other, which in no way affects their real economic situation in social production, which is based on the objectively determined inequality of the owner of the means of production and the bearer of the labor force. And if an employee has some alternative to work for someone or work for himself with his own means of production, while receiving state support (loans, benefits, etc.), or not to work at all, which is enshrined in the Constitution, this will be real freedom of choice, and not just formal equality in relations between the employee and the employer.

The next element of the characteristics of the social organization of labor is the method of maintaining labor discipline and work process management. In any form of labor, if labor is carried out jointly, it needs to be coordinated. Otherwise, it is not possible to achieve the actual goal of production itself: the creation of a specific type of product or commodity. That is, the main reason for establishing this or that order of management is the objective need for its coordination.

This condition has a different effect on the will of the participants in joint labor. After all, the owner of the means of production, who has invested his capital in the means of production, technology, labor and organized production, expects to make a profit from the sale of manufactured products or goods. And the workers don't need it at all. After all, they transfer their ability to work to the employer, and they do not bear economic responsibility for the result of their work.

2.3. Principles of creating a system of incentives for employees

The current stage of economic reforms in Russia is characterized by the fact that enterprises operate in an environment of growing requirements of various community groups. In this regard, the creation of an effective system of incentives for employees is of particular relevance.

Let us consider some directions for solving this problem.

When creating an incentive system, one should proceed from the principles developed in management theory and applied in a market economy:

Complexity;

Consistency;

Regulation;

Specialization;

Stability;

Purposeful creativity.

Let us dwell on the essence of these principles.

The first principle is complexity. Complexity implies that a comprehensive approach is needed, taking into account all possible factors: organizational, legal, technical, material, social, moral and sociological.

Organizational factors are the establishment of a certain order of work, the delimitation of powers, the formulation of goals and objectives. As already mentioned, the correct organization of the production process lays the foundation for further efficient and high-quality work.

Legal factors closely interact with organizational factors, which serve the purpose of ensuring the compliance of the rights and obligations of the employee in the labor process, taking into account the functions assigned to him. This is necessary for proper organization production and further fair incentives.

Technical factors imply staffing modern means production and office equipment. As well as organizational, these aspects are fundamental in the work of the enterprise.

Material factors determine specific forms financial incentives: wages, bonuses, allowances, etc. and their size.

Social factors involve increasing the interest of employees by providing them with various social benefits, providing social assistance, participation of employees in the management of the team.

Moral factors represent a set of measures, the purpose of which is to ensure a positive moral climate in the team, correct selection and placement of personnel, various forms of moral encouragement.

Physiological factors include a set of measures aimed at maintaining the health and improving the efficiency of employees. These activities are carried out in accordance with sanitary, hygienic, ergonomic and aesthetic requirements, which contain the norms for equipping workplaces and establishing rational work and rest regimes. Physiological factors play no less important role in improving the efficiency and quality of work performed than others.

All of these factors should be applied not individually, but in combination, which gives a guarantee of obtaining good results. It is then that a significant increase in efficiency and quality of work will become a reality.

The principle of complexity already in its name determines the implementation of these activities not in relation to one or several employees, but in relation to the entire team of the enterprise. This approach will have a much greater effect at the level of the entire enterprise.

The second principle is consistency. If the principle of complexity involves the creation of an incentive system, taking into account all its factors, then the principle of consistency involves the identification and elimination of contradictions between factors, their linking with each other. This makes it possible to create an incentive system that is internally balanced due to the mutual coordination of its elements and is able to work effectively for the benefit of the organization.

An example of consistency can be a system of material and moral incentives for employees based on the results of quality control and assessment of the employee's contribution, that is, there is a logical relationship between the quality and efficiency of work and subsequent remuneration.

The third principle is regulation. Regulation involves the establishment of a certain order in the form of instructions, rules, regulations and control over their implementation. In this regard, it is important to distinguish between those areas of activity of employees that require strict adherence to instructions and control over their implementation, from those areas in which the employee must be free in his actions and can take the initiative. When creating an incentive system, the objects of regulation should be the specific duties of an employee, the specific results of his activities, labor costs, that is, each employee must have a complete understanding of what is included in his duties and what results are expected from him. In addition, regulation is also necessary in the issue of assessing the final work, that is, the criteria by which the final work of the employee will be evaluated should be clearly established. Such regulation, however, should not exclude creativity, which in turn should also be taken into account in the subsequent remuneration of the employee.

Regulation of the content of the work performed by employees of the enterprise should solve the following tasks:

1) definition of work and operations that should be assigned to employees;

2) providing employees with the information they need to perform the tasks assigned to them;

3) distribution of work and operations between departments of the enterprise according to the principle of rationality;

4) setting specific official duties for each employee in accordance with his qualifications and level of education.

The regulation of the content of labor serves to increase the efficiency of the work performed.

From the point of view of stimulating the work performed, the regulation of the results of the work performed plays a very important role. It includes:

1) determination of a number of indicators characterizing the activities of the enterprise's divisions and each employee individually, which would take into account the contribution of divisions and individual employees to the overall result of the enterprise's activities;

2) determination of a quantitative assessment for each of the indicators;

3) creation common system assessment of the employee's contribution to the achievement of overall performance results, taking into account the efficiency and quality of the work performed.

Thus, we can say that the regulation in matters of incentives plays a very important role, streamlining the incentive system at the enterprise.

The fourth principle is specialization. Specialization is the assignment to the divisions of the enterprise and individual employees of certain functions and works in accordance with the principle of rationalization. Specialization is an incentive to increase labor productivity, increase efficiency and improve the quality of work.

The fifth principle is stability. Stability implies the presence of an established team, the absence of staff turnover, the presence of certain tasks and functions facing the team and the order in which they are performed. Any changes occurring in the work of the enterprise must take place without disturbing the normal performance of the functions of a particular division of the enterprise or employee. Only then will there be no decrease in the efficiency and quality of the work performed.

The sixth principle is purposeful creativity. Here it is necessary to say that the incentive system at the enterprise should contribute to the manifestation of a creative approach by employees. This includes the creation of new, more advanced products, production technologies and designs of the equipment used or types of materials, and the search for new, more efficient solutions in the field of production organization and management.

Based on results creative activity enterprises in general structural unit and each individual employee provides for measures of material and moral incentives. An employee who knows that the proposal put forward by him will bring him additional material and moral benefits, there is a desire to think creatively. Incentives need to be taken seriously. creative process in scientific and design teams.

When organizing an incentive system at an enterprise, it is necessary to take into account the proportions in pay between simple and complex labor, between workers of different qualifications.

When creating an incentive system in an enterprise, it is necessary to adhere to the principle of system flexibility. Flexible incentive systems allow the entrepreneur, on the one hand, to provide the employee with certain guarantees of receiving wages in accordance with his experience and professional knowledge, and on the other hand, make the employee's remuneration dependent on his personal performance in work and on the results of the enterprise as a whole.

Flexible incentive systems are now widely used in foreign countries with developed economies. Moreover, flexibility in remuneration is manifested not only in the form of additional individual supplements to wages. The range of flexible payments is quite wide. These are individual allowances for length of service, experience, level of education, etc., and systems of collective bonuses, designed primarily for workers, and profit sharing systems, designed for specialists and managers, and flexible systems of social benefits. Only the use of all forms of incentives, designed to apply to all employees of the organization, can give the desired effect.

As experience shows, at Russian enterprises at present the main problems in the mechanism of stimulating employees are:

1) insufficient flexibility of the mechanism for the formation of wages, its inability to respond to changes in the efficiency and quality of work of an individual employee;

2) the absence of any assessment at all or a biased assessment of individual labor indicators employees;

3) lack of fair remuneration for managers, specialists and employees; the presence of unreasonable ratios in their remuneration;

4) the negative attitude of the staff to the amount of remuneration of their work and to existing system payment.

All these problems that enterprises face when resolving issues of wages can be overcome using Russian and foreign experience.

Thus, the lack of flexibility in remuneration is solved by the introduction of modern forms of remuneration that depend on the results of labor activity. Such forms are flexible payment systems, where, along with a constant part of earnings, there is a variable part in the form of participation in profits, collective bonuses, etc.

The issues of a biased assessment of the performance of employees are again associated with an outdated remuneration mechanism that does not take into account the individual achievements of the employee and the performance of the enterprise as a whole. A fair evaluation system can be created based on the job description and the job description of the employee to determine the permanent part of the salary. And on the basis of profit sharing in relation to the flexible part of earnings.

Fair remuneration of managers, specialists and employees should also be based on the same principles, but with the use of indicators specific to these categories of workers, taking into account the complexity of the tasks to be solved, the level of responsibility, the number of subordinates, etc.

It is with the use flexible systems wages, using a reasonable assessment of the workplace and job responsibilities and the subsequent participation of employees in profits and collective bonuses for reducing the share of labor costs in the cost of production, the negative attitude of the organization's personnel to the existing system of remuneration of their labor and the amount of this payment can be overcome.

The result of the incentive system at the enterprise should be an increase in the efficiency of the enterprise, which can be achieved, in turn, by increasing the efficiency and quality of work of each employee of the enterprise. At the same time, the entrepreneur must be guided by the need to attract and retain highly qualified employees for a long time, increase labor productivity and improve the quality of products, increase the return on investment in personnel, increase the interest of employees not only in personal success, but also in the success of the entire enterprise as a whole and, finally, raising the social status of workers.

Therefore, both material and non-material forms of staff incentives are used, which include wages, various systems profit sharing, collective bonus systems, individualization of wages, moral incentives, incentives for workers engaged in creative work through the use of a free work schedule, social benefits for employees.

The employer, when deciding on the creation of an incentive system for employees at the enterprise, must also take into account such a macro indicator, which does not depend on the efficiency and quality of work of employees and the staff of the enterprise as a whole, as the index consumer prices. Accordingly, the presence of such an indicator makes it necessary to automatically index wages, taking into account changes in the price index for a certain period.

The incentive system at the enterprise should clearly define its goals, establish the types of incentives in accordance with the results achieved, determine the evaluation system, the period and timing of remuneration payments.

Any kind of incentives should be targeted and public, because employees can be expected to improve the efficiency and quality of their work only when they know that their work is paid fairly.

The incentive system must comply with the principle: payment must correspond to work.

Speaking about the incentive system for employees, it is necessary to highlight the main requirements for it. These include:

1) clarity and specificity of the incentive system as a whole, provisions on wages and additional payments;

2) a clear statement of the employee's job duties;

3) the creation of a system of objective assessment of employees and the exclusion of subjectivity in the assessment;

4) the dependence of the amount of wages on the complexity and responsibility of the work;

5) the possibility of unlimited growth of wages with the growth of the individual results of the employee;

6) taking into account in remuneration the level of significance of certain works for the enterprise;

7) equal pay for employees with the same complexity and responsibility of the work performed in various departments of the enterprise (refers to the base pay without taking into account additional payments based on results).

Thus, when creating an incentive system, it is necessary to take into account the whole range of issues, including state regulation wage rate.

3. Features of the use of hired labor on the example

OJSC "Artinskiy Zavod"

3.1. General characteristics of the enterprise

Artinskiy Zavod, the oldest enterprise in the Urals, was founded in 1787 as an ironworks using imported raw materials.

The plant is located in p.g.t. Artie, in the southwest Sverdlovsk region, 180 km from Yekaterinburg and 60 km from Krasnoufimsk station.

The organizational and legal form is an open joint stock company, the founders of which are legal entities and individuals. Artinsky Zavod Open Joint Stock Company is an independent company with its own legal address and self-balancing.

The purpose of the establishment of the enterprise is the implementation of financial - economic activity for the purpose of making a profit.

In 1827, the plant produced the first scythes for agricultural work, hardened according to the technology of the creator of Russian damask steel, the great metallurgist P.P. Anosov. Since that time, braids have become the main products of the plant.

In the modern period, the main activities of Artinsky Zavod OJSC are:

1) Manufacture and sale of consumer goods (sets of mowers in assortment depending on the purpose and size; agricultural sickles; gardening sets "Dachnik"; ladders; chains.); products for industrial and technical purposes and components; building materials, public services.

2) Carrying out and implementation of research and development work;

3) capital construction, repair and maintenance of: industrial and technical facilities; residential buildings; social facilities; transfer devices.

4) Organization and implementation of logging operations, sawmilling, production of containers and wood products.

5) Participation in exhibitions, fairs, various auctions, including investment ones.

Sales markets for the products of Artinsky Zavod OJSC are subdivided by regions - federal districts of the Russian Federation. Also buyers are enterprises of countries near (Lithuania, Latvia, Ukraine, Belarus, Azerbaijan) and far (Hungary, Bulgaria, Slovakia, Turkey, Iran) abroad. Export deliveries occupy a significant specific gravity in total sales of products.

The main buyers of the company's products are large wholesale companies specializing in the sale of haberdashery goods, gardening tools, as well as enterprises in the clothing and footwear industries.

Service users are mainly local organizations and population.

At present, the scythes of the Artinsk plant are exported to Germany, Slovakia, Turkey, Iran, Hungary, Bulgaria, Latvia, Estonia and the CIS countries.

For 57 years of production, the plant has mastered about 500 standard sizes of needles for the sewing, knitwear, footwear and leather goods industries. The company expands the range of garden tools, haberdashery.

General management of the enterprise is carried out by the general director. He coordinates the work of directors in areas of activity: technical, financial, personnel director, marketing director, quality director, safety director. Each of the directors is subordinate to functional divisions and services.

The main priority areas at Artinsky Zavod OJSC are to increase sales and improve the quality of basic goods and services. Growth is planned for all areas of production in 2010 by increasing the range of manufactured products, improving their quality, as well as by increasing the provision of services and creating a modern system for organizing orders. The priority direction for 2010, as in previous years, remains the improvement of the quality of manufactured (traditional) products, the annual development (introduction) of at least ten new products.

3.1. Attraction and use of hired labor in the enterprise

JSC "Artinskiy Zavod" uses hired labor Russian citizens, average headcount for March 2010 is 845 people. For each employee, in accordance with the law, an employment contract is drawn up, as well as a personal card of the employee.

Under labor relations, the parties accept relations between people, due to the social, legal and functional aspects of labor activity. Relationships include:

Between the employee and the employer (regulated by the Labor Code of the Russian Federation and the employment contract)

Between the administration and the trade union (regulated by the federal law "On Trade Unions", the Labor Code of the Russian Federation and the collective agreement)

Between the boss and the subordinate (regulated by job descriptions)

Between labor collectives (regulated by internal local regulations, internal labor regulations (Appendix 1).

Labor relations at the enterprise arise when an employee enters work as a result of:

Elections to the position by decision of the meeting of shareholders - the General Director, in accordance with the constituent documents

Appointment or confirmation in new position persons with relevant qualifications or education

reception of persons job seekers, for vocational training (retraining) according to the student agreement

Engaging an employee to perform certain work in accordance with Civil Code Russian Federation on the terms of a contract

When applying for a job, labor relations are formalized by concluding an employment contract in writing in two copies - one for each party (Appendix 2). An employment contract can be concluded either for an indefinite period or for a fixed period (fixed-term contract). Fixed term contract is concluded in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work to be performed or the conditions for its performance.

The employer and employees undertake to comply with the terms of the concluded employment contract. In this regard, the Employer is not entitled to demand from the Employees to perform work not stipulated by the employment contract. Transfer to another job without the consent of the Employee is allowed only in cases provided for in Art. 74 of the Labor Code of the Russian Federation.

The terms of the employment contract may include a test to verify the compliance of the Employee with the assigned work. The probation condition must be specified in the employment contract, the absence of a probation clause in the employment contract means that the Employee is accepted without a probation. The trial period cannot exceed three months (for managers, chief accountants and their deputies - no more than six months).

Tests for employment are not established for persons defined by Article 70 of the Labor Code of the Russian Federation.

In case of an unsatisfactory test result, the Employer has the right to terminate the employment contract with the Employee before the expiration of the test period, notifying him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this Employee as not having passed the test.

To each again accepted Employee an adaptation period is established for a period not exceeding two months, during which no penalties will be applied to him for omissions in work, with the exception of cases of deliberate violation of labor and production discipline.

When hiring, the Employer is obliged to familiarize the Employee with the internal labor regulations in force in the organization, other local regulations related to the labor function of the employee, the collective agreement.

Conclusion

As a result of the study, the following conclusions were drawn.

Wage labor is an integral element of a market economy; due to the excessive breadth of this topic, it is impossible to consider in detail all aspects of this problem in one work. However, based on the foregoing, it is possible to imagine wage labor in the Russian Federation as a dynamic system, which is based on the relations of labor supply and demand, the relationship between employment and unemployment, factors in the formation and functioning of the labor force, its competitiveness and mobility.

The labor market that has taken shape in Russia has a complex structure. There is a deepening of its segmentation according to a number of criteria: forms of ownership, labor intensity of production, features of production technology, qualifications of employees, the level of division and socialization of labor, historically established forms of organization and stimulation of labor, traditions in the motivational behavior of workers. It will be possible to better understand the structure of the market, identify its stable segmentation and, accordingly, develop differentiated methods of its regulation. complex analysis actions of the factors causing segmentation.

In order to begin to effectively solve problems in the wage labor market, it is first necessary to reform all spheres of the economic, political and social life society.

To regulate wage labor in an enterprise, it is necessary to effectively manage the labor process and maintain labor discipline.

Employee incentives are provided by increasing profits by improving the efficiency and quality of work. "Labor efficiency" and "labor quality" are key factors in increasing the profit of the enterprise in the long run.

The social policy pursued by the entrepreneur influences the stimulation of employees.

Social benefits are a form of participation of employees in the economic success of the enterprise.

It is advisable to proceed from the following principles for building a system of social benefits for employees:

1) it is necessary to identify the material and non-material needs of employees;

2) it is necessary to fully inform employees about the social benefits provided to them, as well as about their additional, in addition to state benefits, nature;

3) provided social benefits must be economically justified and applied only taking into account the budget of the enterprise;

4) social benefits that have already been provided to employees by the state should not be applied at the enterprise;

5) the system of social benefits should be understandable to employees and each employee should know for what, for what merits he is entitled or not entitled to this or that benefit.

To strengthen the stimulating role of wages, it is advisable to observe the following principles:

1) the dependence of wages on the efficiency, productivity and quality of work performed in order to ensure the interest of employees in the results of their work;

2) the introduction of flexible payment systems based on accounting for the final results of the organization's work and the individual contribution of the employee, including participation in profits;

3) exclusion of equalization in the payment of employees;

4) when creating a system of remuneration for employees, provide for strengthening its unifying role, excluding confrontation between employees.

At the JSC "Artinsky Zavod" enterprise, labor relations are regulated by the Labor Code of the Russian Federation, the Collective Agreement, and internal local regulations. When an employee enters a job, labor relations are formalized by concluding an employment contract in writing in two copies. At the same time, the employer complies with labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement, agreements and labor contracts; ensures safety and working conditions that comply with state regulatory requirements for labor protection; performs other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts

Bibliographic list

Regulations

1. Decree of the Government of the Russian Federation of June 30, 2004 N 324 “On approval of the Regulations on Federal Service for labor and employment. Collection of Legislation of the Russian Federation, 2004, No. 28, Art. 2901).

2. Labor Code of the Russian Federation. M., 2006.

3. Decree of the Government of the Russian Federation of June 30, 2004 No. 324 “On Approval of the Regulations on the Federal Labor and Employment Service” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, No. 28, Art. 2901).

Main literature

4. Civil law: in 2 volumes: textbook / ed. E. A. Sukhanova. M.: Publishing house "BEK", 2000. T. 1. - 816 p.

5. Belokrylova O. S., Mikhalkina E. V. Labor Economics: Lecture Notes. - Rostov-on-Don: Phoenix, 2002. - 154p.

6. Vorozheikin I. E. History of labor and entrepreneurship. Tutorial. - M.: GAU, 1995. - 56p.

7. Rofe A. I., Zhukov A. L. Theoretical foundations of the economics of the sociology of labor: Textbook. - M.: MIK, 2005. - 254 p.

8. Rofe A. I., Zbyshko B. G., Ishin V. V. Labor Market, Population Employment, Economics of Resources for Labor. - M., 2000. - 111s.

9. Labor law: textbook. / ON THE. Diamond; ed. O.V. Smirnova, I.O. Snegireva. – 4th ed., revised. And extra. - M .: Prospect, 2009. - 624s

Additional sources

10. Legal portal "LavvMix" (www.lavvmix.ru).

11. Website www. bbest.ru

12. Website www.

ANNEX 1

internal labor regulations for employees of OJSC "Artinskiy Zavod"

1. GENERAL PROVISIONS

1.1. Internal labor regulations of the Open joint-stock company
"Artinskiy Zavod" is a local regulatory act that regulates in accordance with the Labor Code
the Code of the Russian Federation and other federal laws, the procedure for hiring and dismissal
employees, basic rights, duties and responsibilities of employees and the employer, the
work, rest time, incentives and penalties applied to employees, as well as other
issues of regulation of labor relations in the organization.

These Rules, as well as all changes and additions to them, are approved CEO organization, taking into account the opinion of the representative body of employees of the organization.

Compliance with these Rules is mandatory for all employees of the organization.

An employee of the organization gets acquainted with these Rules before signing an employment contract.

2. PROCEDURE FOR THE RECEPTION AND DISMISSAL OF EMPLOYEES

2.1. When hiring an employee, an employment contract is concluded.

2.2 When concluding an employment contract, the employer is obliged to require from the applicant:

Passport or other identity document;

Employment book, except for cases when the employment contract is concluded for the first time or the employee goes to work on a part-time basis;

Insurance certificate of state pension insurance;

Documents of military registration - for persons liable for military service and persons subject to conscription for military service;

A document on education, qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training;

Medical insurance policy compulsory insurance citizens;

Conclusion on passing a medical examination;

persons under the age of 18 are employed only after a preliminary mandatory medical examination (examination).

Employment of specialists can be carried out on a competitive basis. The regulation on the competition is approved by the administration of the enterprise and the trade union committee.

When entering into an employment contract for the first time employment history and insurance certificate of state pension insurance are issued by the employer.

When concluding an employment contract with an employee, it may, by agreement of the parties, provide for a condition on testing the employee in order to verify his compliance with the assigned work. The absence of a test clause in the employment contract means that the employee is hired without a test. The period of probation for employment is set from 3 to 6 months, depending on the position. The periods of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period. At

unsatisfactory result of the test, the employer has the right to terminate the employment contract with the employee before the expiration of the test period by notifying him in writing

form no later than 3 days, indicating the reasons that served as the basis for making such a decision. The employee has the right to appeal against the decision of the employer judicial order. If the test result is unsatisfactory, the termination of the employment contract is made without taking into account the opinion of the relevant trade union body and without paying severance pay. If the probation period has expired, and the employee continues to work, then he is considered to have passed probation and subsequent termination of the contract is allowed only on common grounds. If, during the probationary period, the employee decides that the job offered is not suitable for him, he has the right to terminate the employment contract at own will by notifying the employer in writing 3 days in advance.

2.3. An employment contract is concluded in writing for an indefinite or definite
term. The document is drawn up in two copies, each of which is signed by the parties.
One copy of the employment contract is transferred to the employee, the other is kept by the employer.

The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

2.4. Employment is formalized by order, which is announced to the employee against signature in
three days from the actual commencement of work.

An employment contract that is not executed in writing is considered concluded if the employee | started work with the knowledge or on behalf of the General Director of the organization. In this case, the written execution of the employment contract must be made no later than three working days from the date of the actual admission of the employee to work.

2.5. Changes in the terms of the employment contract determined by the parties are made by agreement between the employee and the employer, with the exception of cases provided for by the Labor Code of the Russian Federation. An agreement to change certain parties: the terms of an employment contract is concluded in writing.

2.6. When hiring an employee or transferring him to another job in accordance with the established procedure, the receiving head of the structural unit introduces the employee to the internal labor regulations in force at the enterprise, other local regulations related to the employee’s labor function, and the collective agreement.

2.7. Transfer to another permanent job in the same organization at the initiative of the employer, that is, a change in the labor function or a change in the essential terms of the employment contract, transfer to a permanent job in another organization, or to another locality together with the organization is allowed only with the written consent of the employee. An employee who needs

in accordance with the medical opinion in providing another job, the employer is obliged, with his consent, to transfer to another available job that is not contraindicated to him for health reasons. If the employee refuses to transfer, or if there is no corresponding work in the organization, the employment contract is terminated. It is not a transfer to another permanent job and does not

requires the consent of the employee to move him in the same organization to another workplace, V

Another structural subdivision of this organization in the same locality, assignment of work on another mechanism or unit, if this does not entail a change in the labor function and

changing the essential terms of the employment contract.

2.8. For reasons related to changes in organizational or technological conditions labor, it is allowed to change the essential terms of the employment contract determined by the parties at the initiative of the employer when the employee continues to work without changing the labor function.

The employer must notify the employer in writing of the introduction of these changes no later than 2 months prior to their introduction. If the employee does not agree to continue working in the new conditions, the employer is obliged in writing to offer him another job available in the organization that corresponds to his qualifications and state of health, and in the absence of such work, a vacant lower position or lower-paid work that the employee can perform with taking into account his qualifications and state of health. With absence said work, as well as in case of refusal of the employee from the proposed work, the employment contract is terminated.

In the event that circumstances may lead to mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected trade union body of the organization, to introduce a part-time regime for up to 6 months. If the employee refuses to continue working on the terms of the relevant working hours, then the employment contract is terminated with the provision of appropriate guarantees and compensations to the employee. The cancellation of the part-time work regime is carried out by the employer, taking into account the opinion of the representative body of the employees of the organization.

2.9. In the event of a production need, the employer has the right to transfer the employee for up to one month to work not stipulated by the employment contract in the same organization with wages for the work performed, but not lower than the average earnings for the previous job. Such a transfer is allowed to prevent a catastrophe, industrial accident or natural disaster; to prevent accidents, downtime (temporary suspension of work due to economic, technical or organizational reasons), destruction or damage to property, as well as to replace an absent employee. At the same time, an employee cannot be transferred to work that is contraindicated for him for health reasons. The duration of a transfer to another job to replace an absent employee may not exceed one month c. during the calendar year (January 1 to December 31). With written consent, an employee may be transferred to a job requiring a lower qualification.

2.10. When hiring, transferring to another job in other cases established by labor legislation, as well as if necessary, the labor protection specialist of the organization acquaints all employees with the requirements of labor protection.

Conducts safety briefing at the workplace for each employee; the receiving head of the structural subdivision with the entry of the results in the Journal of safety briefing at the workplace of the employees of the organization.

In the performance of his duties, the employee must comply with the relevant
safety instructions.

2.11. The employer is obliged to suspend from work (not allow to work) the employee:

Appearing at work in a state of alcoholic, narcotic or other toxic intoxication;

Not trained in the prescribed manner and tested knowledge and skills in the field of labor protection;

A person who has not passed the mandatory preliminary or periodic Medical Examination in accordance with the established procedure;

If, in accordance with the medical report, a contraindication is revealed for the employee to perform work stipulated by the employment contract;

The employer suspends from work (does not allow to work) the employee for the entire period of time until the circumstances that are the basis for suspension from work or exclusion from work are eliminated;

In other cases provided for in Article 76 of the Labor Code of the Russian Federation.

2.12 Termination of an employment contract may take place only on the grounds provided for by labor legislation.

2.13 The employment contract may be terminated at any time by agreement of the parties to the employment contract.

2.14 The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. Upon the expiration of the termination notice period, the employee has the right to stop working.

2.15 Fixed-term employment contracts with employees are terminated in compliance with the rules established by Article 79 of the Labor Code of the Russian Federation.

2.16 Termination of the employment contract at the initiative of the employer is carried out on the grounds provided for in Article 81 of the Labor Code of the Russian Federation. It is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of the organization) during the period of his temporary disability and during the period of vacation.

2.17 Termination of an employment contract is formalized by an order signed by the general director of the organization or a person authorized by him. The employee gets acquainted with this order against signature.

2.18 The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained.

2.19 On the day of termination of the employment contract, the specialist of the personnel department of the organization issues a work book to the employee, as well as duly certified copies of documents related to the work, upon the written application of the employee. On the settlement day, the department of the organization makes the final settlement with the employee. Entries in the work book on the basis and reason for the termination of the employment contract are made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to the relevant article, part of the article, paragraph of the article of these documents.

3. BASIC RIGHTS, DUTIES AND RESPONSIBILITIES OF EMPLOYEES

3.1. The employee has the right to:

Conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Providing him with a job stipulated by an employment contract;

A workplace that meets the state regulatory requirements for labor protection AND the conditions stipulated by the collective agreement;

Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

Rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual holidays.

Other rights of employees are established by Article 21 of the Labor Code of the Russian Federation, and may also be provided for by a collective agreement, local regulations of the organization and an employment contract.

3.2. The employee is obliged:

Conscientiously fulfill their labor duties assigned to him by the employment contract and job description;

Comply with these Rules, other local regulations of the organization;

Observe labor discipline;

Comply with established labor standards;

Take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;

Immediately notify the employer or immediate supervisor of situations that pose a threat to the life and health of people, the safety of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property).

Protect the property of the employer, use equipment, tools, materials efficiently, save heat, electricity, fuel and other energy resources;

take measures to immediately eliminate the causes and conditions that impede or impede the normal production of work (downtime, breakdowns, accidents), if it is impossible to eliminate these causes on their own, immediately report to the administration of the site, workshop, plant;

The range of duties that each employee must perform according to his qualifications, specialty, position is determined by the employment contract, tariff and qualification reference books, technical rules, job descriptions and regulations approved in the prescribed manner.

4. BASIC RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER

4.1. The employer has the right:

Conclude, amend and terminate employment contracts with employees in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Conduct collective negotiations and conclude collective agreements;

Encourage employees for conscientious efficient work;

Require employees to fulfill their labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees, compliance with these rules;

Involve employees in disciplinary and liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Adopt local regulations;

Establish associations of employers to represent and protect their interests and join them.

4.2. The employer is obliged:

Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;

Provide employees with work stipulated by the employment contract;

Ensure safety and working conditions that comply with state regulatory requirements for labor protection;

Provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;

Fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts;

Pay in full the wages due to employees within the time limits established by the Labor Code of the Russian Federation, the collective agreement, the internal labor regulations of the organization, labor contracts;

Provide for the labor needs of employees related to the performance of their labor duties;

Carry out compulsory social insurance of employees in the manner prescribed by federal laws;

Compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts;

Perform other duties stipulated by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms, a collective agreement, agreements and employment contracts.

MODERN HUMANITARIAN ACADEMY

Department_____________________________

08.00.05 - Economics and management of the national economy (management of innovations and investment activities, labor economics)

"Theoretical foundations of the organization of incentives for employees in the process of entrepreneurial activity"

Completed by: Tereshchenko K.A.

Moscow 2009

1. Theoretical foundations of the organization of incentives for employees in the process of entrepreneurial activity

1.1 The essence and objectives of stimulating employees in entrepreneurial activities

1.2 The principles of creating an incentive system at the enterprise

1.3 Social policy at the enterprise

List of used literature

Entrepreneurship plays one of the main roles in the development of the modern Russian economy. There are various definitions of entrepreneurship.

"Entrepreneurship is an initiative independent activity of citizens and their associations aimed at making a profit."

"Entrepreneurship is the organization of an enterprise, productive activity, production of a product or service."

Thus, entrepreneurship is an activity for the production of goods or services aimed at making a profit.

I must say that "labor relations are perhaps the most difficult problem of entrepreneurship, especially when the company's staff consists of tens, hundreds and thousands of people." Therefore, without a good organization of work of employees and competent personnel management, an entrepreneur will not achieve good results in the market in a competitive environment.

"The organization of labor and personnel management are multifaceted processes. They include such elements as hiring and placing workers, distributing duties among them, training and retraining of personnel, stimulating labor, and improving its organization." Thus, the stimulation of employees is one of the components of personnel management. Without a competent organization of employee incentives, it is impossible to increase the profit of an enterprise and its competitiveness in the market. In a market economy, relations between an employee and an entrepreneur are built on a new basis. The goal of an entrepreneur is success in the market and, accordingly, making a profit. The goal of employees is to receive material rewards and job satisfaction. An entrepreneur tries to get maximum profit at a minimum of costs (including for personnel). Hired workers are trying to get more material rewards with a smaller amount of work performed. Finding a compromise between the expectations of an employee and an entrepreneur is the essence of stimulating employees in a market economy.

For an entrepreneur, people are the most valuable resource, as it is people who can constantly improve. Accordingly, skillfully managing people, you can constantly improve the organization of production and increase profits. Therefore, an entrepreneur must be well versed in people, know their strengths and weaknesses, the motives that encourage them to work. The concept of "stimulating employees" follows from the need to increase the profits of the enterprise as the final financial result of its activities. The profit of the enterprise acts as an estimated and fund-forming indicator. On the basis of the profit received, material funds for stimulating employees are formed. At the same time, the concept of "stimulation" is not limited to the material factor, but includes other forms.

"Labor efficiency" and "labor quality" are key factors in increasing the profit of the enterprise in the long run.

The economic literature provides various definitions of labor quality. In economic practice, the concept of "improving product quality" is widely used. Thus, S. Shkurko defines "improving the quality of products" as "improving its consumer properties, reliability, durability, technical excellence, aesthetic design, etc." Thus, in our opinion, improving the quality of products provides an increase in the competitiveness of the enterprise in the market, saving labor and material resources and, as a result, an increase in production volumes due to an increase in demand and an increase in profit as the main indicator of the enterprise's activity.

The quality system is closely related to the quality of work. In conditions scientific and technological progress the technological aspect of product quality is of particular importance. That means high level compliance with production technology, compliance with all parameters of finished products and semi-finished products, compliance with the tightening requirements of international standards and environmental standards.

In the modern economy, a high level of production cooperation and division of labor, which also makes it necessary for products to comply with established quality systems and international system quality standards ISO - 9000. According to the growing requirements for product quality and its compliance, international standards and quality systems, enterprises face the need to improve their skills. Therefore, at present, the role of systems for training and retraining of personnel is increasing in accordance with the growing requirements for their qualifications to ensure the required quality of products. With the growth of production automation, the reduction of manual labor, and even the complete replacement of humans by machines, the qualification of personnel plays an important role in improving the quality of products based on international norms and systems.

The concept of "labor efficiency" is inextricably linked with the concept of "labor quality". At present, "labor efficiency" is determined not only by labor productivity, but goes through all stages of production, from development to serial production. Increasing "labor efficiency" is the improvement of the technological process, reducing the material consumption of products, optimizing the labor process of workers, leading to an increase in the profit of the enterprise.

Thus, stimulating the efficiency and quality of work of employees leads to an increase in profits and an increase in the competitiveness of the enterprise in the market. In the modern economy, the stimulation of employees is not limited only to measures of material remuneration, but is aimed at improving the personality of the employee, forming an interest in the success of the organization as a whole and also includes other forms, such as social benefits, moral incentives, humanitarian incentives to work, etc. .

With the development of entrepreneurial activity, enterprises gained freedom in resolving issues of organizing production and remuneration of workers. The purpose of granting broad powers to enterprises in resolving these issues was to create prerequisites for increasing labor productivity, improving product quality and improving the mechanism for remuneration, which would make it possible to interest workers in the results of their work. In fact, it happened that the old system of incentives for workers ceased to exist as one system, and the expected reform in wages did not take place, which led, in many respects, to the loss salary stimulating function. Therefore, the solution to the problem of increasing the production of domestic products, improving its quality is impossible in isolation from solving the issues of stimulating and evaluating the work of hired workers.

The concept of stimulation is connected with the concept of the production team. The production team and each of its members are the objects of stimulation. When managing a production team, the main attention should be paid to organizing the labor process and stimulating employees. The organization of management of the production team should be preceded by a clear formulation of the tasks facing it, the main of which are the production of products, works, services and the implementation of the social and economic interests of employees and the interests of the entrepreneur-owner of the property of the enterprise on the basis of the profit received, the organization of incentives for employees based on the results of the work performed . Stimulation is aimed at increasing the volume, expanding the range, improving the technical level and quality of products, taking into account the achievements of scientific and technological progress. In turn, efficient and high-quality work entails a reduction in cost and an increase in the profitability of production, which makes it possible to additionally financially encourage employees.

Speaking of employee incentives, we mean all employees of the enterprise, and not just production workers. In this regard, it is necessary to separate the concepts of "labor efficiency" and "labor productivity" of workers. The labor productivity of workers is determined not only by the efforts of the worker himself, but also depends on other reasons: the introduction of new equipment and technology, the use of new types of raw materials and materials, the introduction of more advanced forms of organization of production and labor. The effectiveness of the work of workers depends entirely on themselves, on their personal qualities and abilities, all other things being equal. The dependence of the results of the company's activities on the efficiency of the work of employees, as well as other internal and external factors shown in Fig.1

Today it is important to restore the role of material incentives in the enterprise. The essence of stimulating employees is as follows:

this is the stimulation of high labor indicators of an employee;

this is the formation of a certain line of labor behavior of the employee, aimed at the prosperity of the organization;

this is the motivation of the employee to the fullest use of his physical and mental potential in the process of carrying out the duties assigned to him.

Fig.1. The dependence of the results of the company's activities on the efficiency of the work of employees, external and internal factors

Therefore, incentives are aimed at motivating an employee to work effectively and efficiently, which not only covers the costs of the employer (entrepreneur) for organizing the production process, remuneration, but also allows you to get a certain profit. Whereas the profit received goes not only into the pocket of the employer (entrepreneur), but is used to pay taxes to the federal and local budgets, to expand production. Thus, the stimulation of the work of employees is not a private matter of a particular enterprise and organization, but plays an important role in economic development country, in the prosperity of the national economy.

In economics, the employee and the employer interact at two levels:

1) in the labor market, where the wage rate is determined and a collective agreement is concluded;

2) within the enterprise, where payment systems are established that fix for specific jobs, groups, jobs, professions, positions and activities, specific relationships between the payment of employees and the results of their work.

Within the enterprise, the relationship between employees and employers is built on the basis of labor standards that establish the working day, the intensity of labor.

The employer provides the employee with the scope of work and provides him with safe working conditions. The employee, in turn, must effectively and efficiently perform the amount of work provided to him within the existing norms.

Thus, the stimulation of employees at the enterprise is closely related to the scientific organization of labor, which includes labor rationing, which is a clear definition of the scope of the employee’s labor duties and the qualitative and quantitative results of labor that are required of him.

Speaking about the stimulation of employees, it is necessary to take into account such a concept as labor motivation. Motivation is defined by two concepts: need and reward. Needs are primary and secondary. The primary ones include the physiological needs of a person: food, water, clothing, housing, rest, etc. Secondary needs are psychological in nature: needs for affection, respect, success.

When stimulating labor as providing an employee with remuneration for work that he uses to satisfy his needs, it must be borne in mind that different people approach this issue in different ways, defining different values ​​for themselves. So, for a person of high material wealth, extra time for rest can be more significant than additional earnings that he would receive for overtime work. For many people, such as knowledge workers, respect from colleagues and an interesting job will be more important than the extra money that he could get by going into sales or becoming a commercial agent.

Therefore, remuneration for work can be of two types: internal and external.

Internal reward is the pleasure a person receives from work, from respect from colleagues, from belonging to a team.

External rewards are material benefits, career advancement, and an increase in social status.

When solving the issues of stimulating employees, it is necessary to proceed from the priorities in the motivation of employees. At different levels of socio-economic development of society, the types of labor motivation of workers are also different. With a certain material well-being in society, a level of prosperity that allows not only to satisfy primary needs, workers have an increased motivation to ensure that work brings them satisfaction, is significant for them and society. In the conditions of an unstable economic situation, the satisfaction of primary needs, the desire to earn a livelihood, comes first. Thus, in Russia, about 60% of workers are of the opinion that the main incentive to work is to obtain the necessary means of subsistence. And only about 20% in the first place put satisfaction from work, from its social significance regardless of the payment amount. Accordingly, when creating an incentive system at an enterprise, its creation should be based on the types of labor motivation prevailing over the rest. In today's Russian situation, this is a material factor as a means of subsistence.

In addition, it is important to know how labor motivations are distributed among individual groups of workers. Precisely, on the basis of this, it is necessary to establish different systems remuneration and stimulation of its efficiency and quality in general for groups of workers.

Thus, the heads of enterprises attach more importance to the importance of the work performed, obtaining satisfaction from work (about 40%) and a smaller part (about 35%) to the material factor. The remaining groups of workers in the first place put the motivation for obtaining a livelihood. Moreover, with the decrease in the status of workers, their requirements for work as a source of satisfaction and awareness of the significance of their activities are reduced to almost zero. For example, among the heads of structural divisions of enterprises, about 45% put material benefits in the first place and about 30% satisfaction from labor, among skilled workers in the city, respectively, 70 and 10%, in the countryside - 65 and 15%, among unskilled workers in the city, respectively, 60 and 5%, in rural areas - 65 and 5%.

Such differences in the types of labor motives are easily explained: business leaders, middle managers, as a rule, are well off materially, they do not have delays in wages, they do not think about how to feed themselves and their families. This explains their need for job satisfaction. Whereas employees and workers have problems of a different level - they consider wages and, accordingly, work only as a source of livelihood.

All these data indicate that when stimulating employees, an individual approach is needed both to employees of different social and official status, and to individual employees within various groups.

Today, in leading Western firms, staff incentives are considered as an element of the overall system of work with personnel, which is inextricably linked with it and with all other elements of the system. This approach suggests that the human factor is one of the determining factors in the success of an organization in a competitive market. Therefore, the program of work with personnel, in addition to determining the forms and methods of stimulating employees, includes personnel planning, high-quality training of personnel, the formation of indicators for assessing both jobs and labor results, training in the specialty and management for management personnel and other areas of work with personnel .

For example, in the German airline "Lufthansa" the direction of work "Personnel" is in second place after the direction "Finance". The direction "Personnel" includes such programs as the determination of wages, the formation of a system of basic production indicators, the formation of a system for evaluating these indicators. Thus, work with personnel and, in particular, the development of methods for stimulating employees, is given the most serious attention along with finances and other priority areas of work. Programs in the field of work with personnel in the airline "Lufthansa" are shown in Figure 2.

Fig.2. HR programs at Lufthansa

The organization of labor and its payment at the interstate level deals with international organization labor (ILO). The ILO approves the main provisions on various issues of organization, remuneration and labor protection, which make it possible to bring the existing procedures to modern civilized forms approved by the ILO member states.

The structure of employers' labor costs is approved by the ILO in Resolution XI of the International Conference on Labor Statistics. According to the ILO methodology, labor costs are divided into ten aggregated types, similar in content and having common regulatory tasks. Labor costs include:

2) payment for unworked time;

3) one-time bonuses and incentives;

4) expenses for food, fuel and other benefits in kind;

5) expenses for providing employees with housing;

6) social protection expenses;

7) expenses for vocational training;

8) expenses for cultural and community services;

9) costs not included in the previously given classification groups;

Thus, it can be seen that the ILO included in labor costs all those material and social incentives that Russian and, to a greater extent, foreign enterprises usually use to stimulate their employees in order to increase the efficiency and quality of work.

In our country, a number of well-known scientists are developing theoretical approaches and possibilities for their practical implementation in the field of stimulating employees: N.A. Volgin, Yu.P. Kokin, R.A. Yakovlev, K.Yu. Korolevskiy, E.K. and others. At present, different opinions are expressed in the scientific literature on the issue of the dependence of the individual salary of an employee on the final results of the enterprise. Some scientists are of the opinion that such a connection is irrational due to the dependence of the result, first of all, on the skillful actions of the enterprise administration, while others, on the contrary, insist on the opposite.

Salary, according to Yu. Kokin, has two main functions:

1) reimburses the cost of labor force, which ensures its participation both directly in the production process and in the labor market;

2) economically encourages employees to increase labor costs by comparing the payment of labor with the quantity and quality of labor expended.

In the current economic situation, wages at most Russian enterprises do not fulfill both of their functions.

The current level of wages cannot compensate for the cost of labor in most Russian enterprises. The decline in production and the lack of solvent demand do not allow enterprises to raise wages to the level of compensation for the cost of labor.

Moreover, the second function of wages, which has a stimulating role for efficient and high-quality work, is not fulfilled.

The labor force has depreciated, and accordingly, the low level of wages, which does not even compensate for the cost of labor force, cannot play the role of an incentive to work. As a result, the majority are simply registered at the enterprise, receiving low wages, and labor productivity has fallen to the minimum.

At the same time, speaking of wages as a function of compensation for the cost of labor, one must take into account that this function is extremely important, as it satisfies the primary physiological, social and cultural needs of workers. These types of needs include:

1) food;

3) household items;

5) medical care;

6) general and vocational education;

7) satisfaction of social needs during the period of employment and after its completion;

Accordingly, wages must satisfy these needs of a person as the first necessity in life. And at the second stage, wages should have the function of stimulating hired labor of workers in order to increase, on the one hand, production efficiency and increase profits, and on the other hand, increase the material well-being of workers.

In connection with all of the above, the question may arise: are the remuneration of employees, taking into account the results of their work, on the one hand, and compensation for the cost of labor that is not related to the results of labor, on the other hand, comparable?

Here is the opinion of Y. Kokin:

"The orientation of wages to the costs of reproduction of the labor force does not mean that the remuneration of employees should cease to be a form of distribution according to work. One of the approaches proposed today to the organization of wages denies its connection with the results of labor and the final indicators of the enterprise's activity. Such a formulation of the question The remuneration of employees must necessarily be linked to individual labor achievements, and an individual labor contract concluded with an employee should provide for just such an approach.

According to Y. Kokin, "understanding the economic nature of wages as the cost (price) of labor means that its level should be oriented towards compliance with living wage and consumption at the level of the minimum consumer budget. As for the differentiation in remuneration by professional and qualification groups of workers, by areas of application of labor, then it should be based on differences in the complexity, intensity and effectiveness of labor, therefore, the basic methodological principles associated with distribution according to work do not lose their significance when building a sound system of remuneration and incentives for labor".

We fully agree with Yu. Kokin's opinion that the point of view about the irrationality of the connection between the individual earnings of an employee and the final results of the enterprise's work is generally erroneous. Proponents of this approach argue that from the work of each employee final result practically does not depend, but it depends on the ability of managers to rationally organize production and management. Of course, good leadership of the organization is the main condition for its success. And no matter how subordinates work, in the absence of proper leadership, there will be no success. At the same time, even with good leadership, the success of an organization is determined not only by the efforts of leaders, but by the high-quality and efficient work of the entire team, each employee individually. And as foreign experience shows, in order to create an effective incentive system for employees, it is necessary to apply modern forms of payment, which, on the one hand, guarantee a certain minimum wage, and on the other hand, make the employee's earnings dependent on the final results of the organization's activities.

In addition, recently such a concept as the scientific organization of labor (NOT) has been undeservedly forgotten. At the same time, it is impossible to achieve good results in the organization of labor without using the provisions of the NOT.

The question arises, what does NOT have to do with stimulating efficiency and quality of work? The answer is simple. First, incentives are part of scientific organization. Secondly, all other issues considered by the NOT precede incentives in their decision, and the creation of an incentive system after solving these issues completes the process of organizing production in entrepreneurial activity.

The current stage of economic reforms in Russia is characterized by the fact that enterprises operate in an environment of growing demands from various social groups. In this regard, the creation of an effective system of incentives for employees is of particular relevance.

Let us consider some directions for solving this problem.

When creating an incentive system, one should proceed from the principles developed in management theory and applied in a market economy:

complexity;

consistency;

regulation;

specialization;

stability;

purposeful creativity.

Let us dwell on the essence of these principles.

The first principle is complexity. Complexity implies that a comprehensive approach is needed, taking into account all possible factors: organizational, legal, technical, material, social, moral and sociological. Organizational factors are the establishment of a certain order of work, the delimitation of powers, the formulation of goals and objectives. As already mentioned, the correct organization of the production process lays the foundation for further efficient and high-quality work.

Legal factors closely interact with organizational factors, which serve the purpose of ensuring the compliance of the rights and obligations of the employee in the labor process, taking into account the functions assigned to him. This is necessary for the proper organization of production and further fair incentives.

Technical factors imply the provision of personnel with modern means of production and office equipment. As well as organizational, these aspects are fundamental in the work of the enterprise. Material factors determine specific forms of material incentives: wages, bonuses, allowances, etc. and their size. Social factors involve increasing the interest of employees by providing them with various social benefits, providing social assistance, and participation of employees in the management of the team. Moral factors represent a set of measures, the purpose of which is to ensure a positive moral climate in the team, the correct selection and placement of personnel, various forms of moral encouragement. Physiological factors include a set of measures aimed at maintaining the health and improving the efficiency of employees. These activities are carried out in accordance with sanitary, hygienic, ergonomic and aesthetic requirements, which contain the norms for equipping workplaces and establishing rational work and rest regimes. Physiological factors play no less important role in improving the efficiency and quality of work performed than others.

All of these factors should be applied not individually, but in combination, which guarantees good results. It is then that a significant increase in efficiency and quality of work will become a reality.

The principle of complexity already in its name determines the implementation of these activities not in relation to one or several employees, but in relation to the entire team of the enterprise. This approach will have a much greater effect at the level of the entire enterprise.

The second principle is consistency. If the principle of complexity involves the creation of an incentive system, taking into account all its factors, then the principle of consistency involves the identification and elimination of contradictions between factors, their linking with each other. This makes it possible to create an incentive system that is internally balanced due to the mutual coordination of its elements and is able to work effectively for the benefit of the organization. An example of consistency can be a system of material and moral incentives for employees based on the results of quality control and assessment of the employee's contribution, that is, there is a logical relationship between the quality and efficiency of work and subsequent remuneration.

The third principle is regulation. Regulation involves the establishment of a certain order in the form of instructions, rules, regulations and control over their implementation. In this regard, it is important to distinguish between those areas of activity of employees that require strict adherence to instructions and control over their implementation, from those areas in which the employee must be free in his actions and can take the initiative. When creating an incentive system, the objects of regulation should be the specific duties of an employee, the specific results of his activities, labor costs, that is, each employee must have a complete understanding of what is included in his duties and what results are expected from him. In addition, regulation is also necessary in the issue of assessing the final work, that is, the criteria by which the final work of the employee will be evaluated should be clearly established. Such regulation, however, should not exclude creativity, which in turn should also be taken into account in the subsequent remuneration of the employee.

Regulation of the content of the work performed by employees of the enterprise should solve the following tasks:

1) definition of work and operations that should be assigned to employees;

2) providing employees with the information they need to perform the tasks assigned to them;

3) distribution of work and operations between departments of the enterprise according to the principle of rationality;

4) the establishment of specific job responsibilities for each employee in accordance with his qualifications and level of education.

The regulation of the content of labor serves to increase the efficiency of the work performed.

From the point of view of stimulating the work performed, the regulation of the results of the work performed plays a very important role. It includes:

determination of a number of indicators characterizing the activities of the enterprise's divisions and each employee individually, which would take into account the contribution of divisions and individual employees to the overall result of the enterprise's activities;

determination of a quantitative assessment for each of the indicators;

creation of a common system for assessing the employee's contribution to the achievement of overall performance results, taking into account the efficiency and quality of the work performed.

Thus, we can say that the regulation in matters of incentives plays a very important role, streamlining the incentive system at the enterprise.

The fourth principle is specialization. Specialization is the assignment to the divisions of the enterprise and individual employees of certain functions and works in accordance with the principle of rationalization. Specialization is an incentive to increase labor productivity, increase efficiency and improve the quality of work.

The fifth principle is stability. Stability implies the presence of an established team, the absence of staff turnover, the presence of certain tasks and functions facing the team and the order in which they are performed. Any changes occurring in the work of the enterprise must take place without disturbing the normal performance of the functions of a particular division of the enterprise or employee. Only then will there be no decrease in the efficiency and quality of the work performed.

The sixth principle is purposeful creativity. Here it is necessary to say that the incentive system at the enterprise should contribute to the manifestation of a creative approach by employees. This includes the creation of new, more advanced products, production technologies and designs of the equipment used or types of materials, and the search for new, more efficient solutions in the field of production organization and management.

Based on the results of the creative activity of the enterprise as a whole, the structural unit and each individual employee, material and moral incentives are provided. An employee who knows that the proposal put forward by him will bring him additional material and moral benefits, there is a desire to think creatively. Especially seriously it is necessary to approach the stimulation of the creative process in scientific and design teams.

When organizing an incentive system at an enterprise, it is necessary to take into account the proportions in pay between simple and complex labor, between workers of different qualifications.

Important in the organization of the incentive system is the reduction of labor, that is, the reduction of complex labor to simple. The principles of labor reduction are the same for both planned and market economies and cannot be changed when the wage system is reformed. This is confirmed by foreign experience.

The essence of the reduction of labor is that the differences between simple and complex labor are reduced to two factors. The first factor determines that more hard work corresponds to a higher qualification of workers and, accordingly, has a higher cost compared to simpler labor. The second factor is that labor of varying complexity creates a different value per unit of time. This means that more complex labor creates a greater value of production and has a greater cost per unit of time than simple labor. These provisions of the reduction of labor correspond to the essence of the tariff system at the enterprise. The prices of various types of labor take the form of tariff rates. The tariff rate is a measure corresponding to the price of labor of an employee of a certain profession and qualification. Therefore, most enterprises use the tariff system of remuneration as the base. The tariff system determines the ratios of remuneration for labor of varying complexity, profession and qualifications based on the minimum wage rate. The advantages of the tariff system as a basic permanent part of wages are confirmed by foreign experience (in particular, German) in the organization of wages at the enterprise.

When creating an incentive system in an enterprise, it is necessary to adhere to the principle of system flexibility. Flexible incentive systems allow the entrepreneur, on the one hand, to provide the employee with certain guarantees of receiving wages in accordance with his experience and professional knowledge, and on the other hand, to make the employee's remuneration dependent on his personal performance in work and on the results of the enterprise as a whole. .

Flexible incentive systems are now widely used in foreign countries with developed economies. Moreover, flexibility in remuneration is manifested not only in the form of additional individual supplements to wages. The range of flexible payments is quite wide. These are individual allowances for length of service, experience, level of education, etc., and systems of collective bonuses, designed primarily for workers, and profit sharing systems, designed for specialists and managers, and flexible systems of social benefits. Only the use of all forms of incentives, designed to apply to all employees of the organization, can give the desired effect. As experience shows, at Russian enterprises at present the main problems in the mechanism of stimulating employees are:

1) insufficient flexibility of the mechanism for the formation of wages, its inability to respond to changes in the efficiency and quality of work of an individual employee;

2) the absence of any assessment at all or a biased assessment by the entrepreneur of the individual labor indicators of employees;

3) lack of fair remuneration for managers, specialists and employees; the presence of unreasonable ratios in their remuneration;

4) the negative attitude of the staff to the amount of remuneration of their work and to the existing system of remuneration.

All these problems that enterprises face when resolving issues of wages can be overcome using Russian and foreign experience.

Thus, the lack of flexibility in remuneration is solved by the introduction of modern forms of remuneration that depend on the results of labor activity. Such forms are flexible payment systems, where, along with a constant part of earnings, there is a variable part in the form of participation in profits, collective bonuses, etc.

Fair remuneration of managers, specialists and employees should also be based on the same principles, but with the use of indicators specific to these categories of workers, taking into account the complexity of the tasks to be solved, the level of responsibility, the number of subordinates, etc.

It is with the use of flexible remuneration systems, with the use of a reasonable assessment of the workplace and job responsibilities and the subsequent participation of employees in profits and collective bonuses for reducing the share of labor costs in the cost of production, that the negative attitude of the organization's personnel to the existing system of remuneration of their labor can be overcome and the amount of this payment.

The result of the incentive system at the enterprise should be an increase in the efficiency of the enterprise, which can be achieved, in turn, by increasing the efficiency and quality of work of each employee of the enterprise. At the same time, the entrepreneur must be guided by the need to attract and retain highly qualified employees for a long time, increase labor productivity and improve the quality of products, increase the return on investment in personnel, increase the interest of employees not only in personal success, but also in the success of the entire enterprise as a whole and, finally, raising the social status of workers.

Therefore, both material and non-material forms of staff incentives are used, which include wages, various profit sharing systems, collective bonus systems, individualization of wages, moral incentives, incentives for workers engaged in creative work through the use of a free work schedule, social benefits for employees.

An entrepreneur, when deciding on the creation of an employee incentive system at an enterprise, must also take into account such a macro indicator that does not depend on the efficiency and quality of work of employees and the enterprise team as a whole, such as the consumer price index. Accordingly, the presence of such an indicator makes it necessary to automatically index wages, taking into account changes in the price index for a certain period.

The wage indexation mechanism exists in eleven Western European countries, the USA and Japan and is of a different nature. In Belgium, Denmark, Greece, Italy, Luxembourg and the Netherlands, it is nationwide in nature and enshrined in nationwide tripartite agreements between business associations, trade unions and the state. Such a mechanism guarantees wage increases either on a periodic basis (quarterly or annually) or upon reaching a predetermined limit ("threshold") of the price index (above 3%).

In the United States, Japan, Finland, France, Spain, Switzerland and the United Kingdom, wage indexation is carried out without the participation of the state at the level of firms or industries through the conclusion of collective agreements between employers and trade unions. Here the basis for wage indexation is the achievement of the "threshold" of the price index (5-7%).

In Austria, Ireland, Norway, Portugal and Sweden, the wage indexation mechanism does not exist, and in Germany it is prohibited by law. Nevertheless, the real indexation of wages exists here as well and, as a rule, is enshrined in collective agreements.

When deciding on the indexation of wages at the state level, it is necessary to choose a base for calculating the price index. In most foreign countries, such a base is the national price index (Table 2).

When deciding on the issue of indexation under collective agreements at the level of firms, the price index at the local level is usually taken as a base.

In the US, wage indexation is based on a national price index or a local index. Indexation is fixed in the collective agreement in the form of a fixed increase to the hourly tariff rate with a certain increase in the price index. Typically, the increase is one cent to the hourly rate for every 0.3 point increase in the price index.

table 2

Wage indexation mechanism in countries where it is fixed at the state level

	Wage indexation mechanism
	The salary increase is based on the increase in the price index calculated monthly by the Ministry of Economic Affairs over the past four months. Under most agreements, the "threshold" of the index, from which wage increases begin, is 2%. Indexation usually applies to all earnings. In recent years, a "ceiling" has been set, above which wages are not indexed.
	The increase in wages is based on an increase in the price index calculated twice a year by official statistical authorities. The price index excludes fuel and energy prices. When the price index reaches 3% or more, a fixed amount of money is added to the salary, which is paid within six months. For the category of employees, the allowance is 60% higher than for workers. Total earnings are subject to indexation.
	The increase in the wages of the category of workers is based on the growth of a special price index calculated by the central statistical authorities on a quarterly basis. Each point of change in the price index is valued at 6800 lire. In addition, there is an indexation of executive salaries based on the regular consumer price index. The price of a point of change of this index is estimated at 300 lire for one year.
Netherlands	The salary increase is based on a special price index that excludes health care prices and indirect taxes. Indexing is carried out twice a year in an amount equivalent to a price increase, that is, with a price increase of 2.5%, wages increase by 2.5%, respectively.

Table 3 shows an example of wage indexation, fixed in the collective agreement of the company "Lockheed Aircraft Corporation".

Table 3

An example of wage indexation at Lockheed Aircraft Corporation

		Price index for the previous quarter (1967=100)	Total increase to the hourly tariff rate, cents

In Russia, in the context of inflation and rising prices, of course, in our opinion, it is necessary to provide for a mechanism for wage indexation at the state level. At the same time, it seems to us that the increase in wages should not concern the entire earnings of the worker, but only the basic guaranteed wage rate. Otherwise, the wage indexation mechanism may conflict with the incentive mechanism for employees. Here you can also refer to the experience of developed foreign countries.

In the late 1970s and early 1980s, the rise in prices in these countries reached significant proportions, which led to the indexation of workers' incomes, but at the same time weakened the motivation of workers. This is due to two circumstances:

1) wage indexation devalues ​​such incentive methods as bonuses, individual allowances, etc., since wage growth is not associated with the achievements of employees;

2) an increase in wages in accordance with the price index based on fixed wage increments leads to equalization in the wages of workers with different qualifications and work results.

Thus, wage indexation reduces the incentive function of wages and leads to higher prices due to higher labor costs. At the same time, in the context of inflation, wage indexation is inevitable.

Therefore, in our opinion, it is necessary to index only the base salary without taking into account additional payments as an inevitable measure. social protection of the population in the form of an equivalent allowance to the tariff rate in proportion to the rise in prices, and not in the form of solid allowances that equalize workers with different qualifications and labor results. At the same time, all additional payments (bonuses, from profits, etc.) should depend only on production results and be accrued with an increase in production efficiency and an increase in profits.

Thus, when creating an incentive system at an enterprise, it must be taken into account that state bodies also take part in the regulation of wages. Usually participation is carried out in four main areas:

Establishment of a guaranteed minimum wage;

Tax policy (in relation to income and wages);

Indexation of income or compensation for their fall when prices rise;

Direct regulation of wages in the public sector of the economy.

In accordance with the legislation of the Russian Federation, the conclusion of sectoral tariff agreements and collective agreements at enterprises in terms of wages takes place against the background of compliance with a number of regulatory parameters and restrictions, including:

The living wage, which, by Presidential Decree, must be used to justify minimum incomes and quarterly revisions of the minimum wage;

Consumer price index for goods and services, which serves as the basis for a quarterly increase in the income of the population;

A unified tariff scale for public sector sectors (and recommended for commercial sectors), which establishes fixed ratios for qualifications;

The current labor legislation, which provides for increased pay for severe harmful working conditions, compensation for work at night, overtime, in the regions of the Far North and equivalent areas, and other benefits and wage guarantees;

Mandatory insurance payments for social insurance, collective and personal.

The incentive system at the enterprise should clearly define its goals, establish the types of incentives in accordance with the results achieved, determine the evaluation system, the period and timing of remuneration payments.

Any kind of incentives should be targeted and public, because employees can be expected to improve the efficiency and quality of their work only when they know that their work is paid fairly.

The incentive system must comply with the principle: payment must correspond to work.

Speaking about the incentive system for employees, it is necessary to highlight the main requirements for it. In our opinion, these include:

1) clarity and specificity of the incentive system as a whole, provisions on wages and additional payments;

2) a clear statement of the employee's job duties;

3) the creation of a system of objective assessment of employees and the exclusion of subjectivity in the assessment;

4) the dependence of the amount of wages on the complexity and responsibility of the work;

5) the possibility of unlimited growth of wages with the growth of the individual results of the employee;

6) taking into account in remuneration the level of significance of certain works for the enterprise;

7) equal pay for employees with the same complexity and responsibility of the work performed in various departments of the enterprise (refers to the base pay without taking into account additional payments based on results).

Thus, when creating an incentive system, it is necessary to take into account the whole range of issues, including state regulation of wages.

An important role in long-term incentives for employees to long-term effective work social benefits that enterprises provide to their employees play at the enterprise. Social benefits can be either guaranteed by the state or voluntarily provided by the enterprise to its employees.

State-guaranteed social benefits are obligatory for enterprises of all forms of ownership and therefore do not play a stimulating role, but the role of social guarantees and social protection for able-bodied members of society who have a job. These benefits include: annual paid leave, paid sick leave, etc. These benefits are mandatory.

But the company can provide its employees with benefits that are not provided for by law. This is done to attract new employees to the enterprise, reduce staff turnover, stimulate efficient and high-quality work. In addition, employers, by providing social benefits to employees, also pursue such goals as reducing trade union activity, preventing strikes, and attracting and retaining qualified personnel at the enterprise.

Social benefits are a special form of employee participation in the economic success of the enterprise. In the modern economy, the condition for the success of the company is not only profit maximization, but also the social security of the employee, the development of his personality.

In this regard, a number of functions of social benefits voluntarily provided by the enterprise to its employees can be distinguished:

1) alignment of the goals and needs of employees with the goals of the enterprise;

2) the development of a special psychology among employees when they identify themselves with their enterprise;

3) increasing productivity, efficiency and quality of labor and the readiness of employees to work effectively for the benefit of the enterprise;

4) social protection of employees at a higher level than provided by law;

5) creation of a positive microclimate in the workforce of the enterprise;

6) creating a positive image of the enterprise among its employees and public opinion.

What social benefits can the company provide to its employees?

Such voluntary social benefits can be divided into four types:

1) social benefits in monetary terms;

2) providing employees with an additional old-age pension;

3) granting employees the right to use institutions social sphere enterprises;

4) social assistance to the family and organization of leisure activities for employees and their families.

Social benefits in monetary terms carry a principle similar to cash reward. Such benefits may include the right to purchase shares of the enterprise for employees at a reduced price. Thus, the goal of involving an employee in joint ownership of the enterprise is achieved, which forms a sense of ownership among employees, a careful attitude to the property of the enterprise. The forms of participation of an employee in the capital of an enterprise can be different. This and free promotions, and ordinary shares at a discount of a certain percentage of the market price of shares, and preferred shares without voting rights for general meeting shareholders.

In addition, social benefits in monetary terms include various payments to employees for personal celebrations, say, on the occasion of a 10-, 20-, 30-year-old, etc. anniversaries of service activities at the enterprise in combination with special leave. Moreover, the amount of payment and the duration of additional leave may depend on the length of service at the enterprise.

This kind of benefits also include the provision of company cars, personal offices, etc. to managers and especially gifted engineering and technical workers.

Providing employees with an additional old-age pension also has a significant stimulating role for employees. Employees hold on to their jobs, knowing that after retirement they will receive additional support from the enterprise, which, in turn, will help them maintain their standard of living and not go down the social ladder.

A serious stimulating role, especially in times of crises and inflation, is the provision of employees with the right to use the institutions of the social sphere of the enterprise.

Of such kind social services can be divided into four groups:

1) catering for employees;

2) provision of housing and benefits for its acquisition;

3) organization of medical care;

4) social advisory assistance.

The costs of catering for employees are usually shared between the employee and the company. The employee pays only the procurement cost of the products, and the company pays the rest of the costs of catering (wages of cooks, maintenance of the dining room, etc.). Thus, the employee pays 1/3 of the cost of food, and the company takes on the remaining 2/3 of the cost.

Providing employees with housing and benefits for its acquisition plays a very serious stimulating role. There may be various options here. So, for example, an enterprise builds housing, and rents out apartments to employees at preferential low prices. At the same time, the employee has the opportunity to gradually buy out housing during his work at the enterprise and solve the housing problem by the time of retirement. The business may also provide an employee with a low-interest mortgage loan to purchase a home.

Of course, the only way to solve the housing problems of employees is large organizations. However, this strongly encourages long-term work in the enterprise and significantly reduces staff turnover. This is especially true in the conditions of Russia, where the housing problem is the most difficult to solve for the general population.

The organization of medical care includes attaching employees to healthcare facilities and providing them with the necessary medical care at the expense of the organization.

Finally, the enterprise can organize social advisory assistance for those employees who have any problems that require the intervention of a psychologist, lawyer or some other specialist. For example, the legal service of an enterprise can provide advice to employees on various legal matters. Some employees who suffer from alcoholism, perform poorly at work, or have problems in family life may be provided with psychological assistance.

Social assistance to the family and organization of leisure activities for employees and their families also play an important role in the company's social policy. Options for such social assistance may be the creation of their own kindergartens for the children of employees, the reinstatement of mothers who quit their jobs to care for a child.

Leisure activities for employees and members of their families may include the organization of various cultural and health-improving events, the organization of Christmas trees, excursions, etc. for the children of employees of the enterprise.

In modern conditions, an enterprise that wants to be a leader in the market in terms of the quality of its goods and services must take the development of a social policy for its employees very seriously. Social policy at the enterprise should be focused on the success of the enterprise in the market. And therefore, the relationship between an employee and an employer cannot be considered only as a “money for work” relationship. The social benefits that an enterprise provides to its employees must be attractive to them and beneficial for both parties - both for the enterprise and for the employee.

Therefore, there are a number of principles that the existing system of social benefits for employees at the enterprise should meet:

1) it is necessary to identify the material and non-material needs of employees;

2) it is necessary to fully inform employees about the social benefits provided to them, as well as about their additional, in addition to state benefits, nature;

3) the provided social benefits must be economically justified and applied only taking into account the budget of the enterprise;

4) social benefits that have already been provided to employees by the state should not be applied at the enterprise;

5) the system of social benefits should be understandable to employees and each employee should know for what, for what merits he is entitled or not entitled to this or that benefit.

Currently, a new concept of social policy at the enterprise is being developed, which is called the cafeteria. Its essence lies in the fact that the company provides its employee with a certain basket of social benefits for a certain amount, from which he can independently choose certain social benefits and vary them within the existing budget, that is, draw up for himself the so-called "social menu".

Significant foreign experience has been accumulated in the field of providing social benefits (Table 4).

In the field of providing its employees with packages of flexible social benefits within the existing budget, at the choice of the employee, there are not only foreign, but also Russian experience. Thus, the Parus Corporation conducted a survey of personnel on their preferences in choosing social benefits from the general package. The following types of benefits were offered:

professional education;

medical service;

compensation for transportation costs;

nutrition.

Table 4

Percentage of workers who received basic types of payments and benefits in 1985 in large and medium-sized US firms (as a percentage of all employed in these firms)

Types of payments and benefits	All busy	Specialists and managers	production workers
Pension insurance (except state)
Life insurance
Sickness and occupational injury insurance
Providing free medical care
Payment for hospital services
Paying for home care
Payment for private nurses
Payment for dental services
Paid vacation
Paid holidays
Paid break time
Paid lunch time
Paid leave for personal reasons
Paid sick time
Participation in the distribution of profits
Preferential sale of shares
Provision of services for recreation and entertainment
Providing various kinds help to continue education
Partial payment for meals in canteen enterprises

The largest number of the corporation's personnel gave preference to vocational training, sports and health.

Of course, in less prosperous enterprises, preferences may concern housing and food as the most important in the existence of the worker. However, the provision of flexible social benefits and compensations is one of the most effective incentive methods that will receive all more development with the development of social and labor relations in society. The factor of free time is used as an intangible incentive method.

This is a "humanitarian" incentive to work. There are three options here:

Providing employees with additional leave. Leave is usually granted for specific work or for special conditions labor, when they differ from the normative ones in terms of sanitary, hygienic and labor standards (harmful working conditions, irregular working hours, etc.). Leaves for special working conditions are guaranteed in the Russian Federation by the Labor Code. Additional leave compensates employees high costs physical or mental energy. The stimulating function of providing employees with additional vacations is to secure personnel at the enterprise and in certain specialties;

Work on a free schedule. The essence of this option is that the employee is given the right to determine the mode of work (start time, end time and length of the working day).

Naturally, work on a free schedule should not disrupt the course of the production process and cause a decrease in the efficiency and quality of work performed. Therefore, only proven and disciplined employees who can rationally plan their working day can be vested with such a right.

When working on a free schedule, a bank of the use of working time is usually created. To do this, records are kept of the start and end of the working day and, accordingly, its duration for each employee who has a free schedule. Based on the results of work for the month, the number of hours worked by the employee is determined, which is compared with the standard amount of time. In case of overspending, the employee can take a day off or add the overtime to the vacation. A free schedule is especially effective for scientific and technical workers involved in development, since their creative process is not limited to the working day.

So, rolling charts widely and effectively used in Western European countries. For example, already in the early 1980s, they were used by 75% of firms in France, 69% in the Netherlands, 68% in Germany, 66% in Sweden;

Reducing the duration of working time due to its savings as a result of high labor productivity. The stimulating function is the interest of employees in reducing the loss of working time, increasing the efficiency and quality of the work performed.

There are two options for rewarding employees for savings. work time. The first is material, the second is the factor of free time. In the first case, the employee receives a collective bonus for reducing labor costs in the value finished products. This will be discussed below. In the second case, the saved working time is added to the vacation provided at a convenient time for the employee. free time. Despite the serious stimulating effect of the free time factor, business leaders rarely turn to it, and some do not even understand how it can be used in managing a production team. However, this is a very powerful incentive that should be fully utilized in the organization of the production process.

According to observations, inefficient expenditure of working time (downtime) accounts for a quarter of the working day. Therefore, it is more profitable for the enterprise to allow staff to leave work ahead of schedule than to pay them for downtime.

Despite the fact that in the business world the factor of working time is considered one of the effective labor incentives, entrepreneurs are not very willing to use it. After all, for them it is additional organizational troubles, a certain risk of disrupting the production rhythm, the deadlines for fulfilling orders. For many of them, the use of this method in general looks too extraordinary. But this is a very effective incentive. As experience shows, moral stimulation is no less important for employees than material. The efficiency and quality of work largely depend on the moral and psychological climate in the team, on the mood of employees, on their commitment to good work.

"The idea of ​​self-management stimulates the initiative well. People work best when they are guided by their own motivation. A person who shares the goals and values ​​​​of his enterprise is able to set tasks for himself, find ways to solve them and control himself. Therefore, it is not necessary to influence the employee himself as such, but on his real goals and life values, in order to influence the behavior of the employee through them.Thus, the entrepreneur faces a difficult task - to study well the needs, needs, expectations of those people with whom he works.Then it will be possible to put before each individual goals and objectives in accordance with the individual interests of employees. From the entrepreneur, the manager is required to create conditions for the manifestation of individuality and independence in work. In no case should the head allow himself petty care of employees. This is depressing and causes a feeling of distrust in subordinates. The manager should ask the employee for the final result of his work, and not interfere without reason in the process of its implementation. It is necessary "to entrust people with such a task, the fulfillment of which will cause them a sense of professional and personal satisfaction, will require the mobilization of the entire working potential, the entire volume of knowledge and skills available to them."

Observations show that the lack of information about one's own work often becomes the cause of passivity. A person working on something perceives as a stimulus if he is informed about the state of his work. This increases the results of labor by 12-15%. The manager should show signs of attention to employees, personally thank them for their good work. It is often helpful to highlight the individual contribution of an employee rather than the entire group or department.

At the same time, when reprimanding an employee for bad work, one should not do this in front of the whole team - this humiliates a person. And the likelihood that it will work better will decrease even more. Therefore, when reprimanding, the manager must personally speak with the employee and preferably in private. On the contrary, when expressing gratitude, it is useful to do it just in the presence of the collective.

In addition, the provision of a separate office for work, the possibility of promotion even without changing wages, an invitation to dinner with the family at a restaurant or a country picnic can serve as forms of moral stimulation.

It is especially necessary to say that the leader must immediately respond to the merits of the employee so that he sees that the promotion immediately follows his labor distinction. Of course, people are different. Some do not need any signs of attention at all, they first of all pay attention to the material side, others, on the contrary, attach the main importance not to money, but to their importance in the team, the need for the enterprise. The manager must take all this into account and try, if possible, to approach different employees individually.

But, in our opinion, the creation of a healthy atmosphere in the team plays no less a role in improving the efficiency and quality of work than material incentives.

Thus, market organization stimulating the efficiency and quality of labor is not limited only to measures of material remuneration, but also takes into account socio-psychological factors, implies the employee's interest in the success of the organization.

The topic “Improving the system of incentives for employees in the context of the development of entrepreneurial activity” is very relevant at the present time, and therefore, in order to improve the stimulation of the efficiency and quality of labor, it is important to analyze the various incentive systems for employees used in countries with different levels of development of a market economy.

List of used literature

1. Adamchuk V.V. Kokin Yu.P., Yakovlev R.A. Labor Economics: Textbook. - M.: CJSC "Finstatinform", 1999.

2. Hakobyan G. “The most important factor in achieving success is the personal interest of everyone. The experience of our company fully confirms this thesis.” Man and labor, 2004 No. 5.

3. Akumova N.V. Yarmolchuk V.G. Collectively contractual forms of wage regulation. - M .: Sotsium, 2001.

4. Andreeva I.V. Spivak V.A. Organizational behavior. - St. Petersburg: Ed. House "Neva", 2003.

5. Ashirov D.A. Personnel Management. - M.: Ed. House " Higher education and science", 2001.

6. Bobkov V.N. and others. Quality of life: Questions of theory and practice. - M: VCUZH, 2000.

7. Bobkov V.N. Menshikova O.I., Akumova N.V. New concept wages. - M.: VTSUZh, 1998

8. Volgin N.A. Odegov Yu.V., Labor Economics: Social and Labor Relations. - M .: Academy, 2006.

9. Issues of analysis and organization of wages // The standard of living of the population of the regions of Russia (author's team under the general editorship of Bobkov V.N.). - 2000 - No. 2-3.

10. Genkin B.M. Economics and sociology of labor. - M.: NORMA, 2001

11. Demin Yu.M. Personnel management in crisis situations. Peter, St. Petersburg, 2004

12. Kibanov A.Ya. Personnel management of the organization: Textbook. - M.: INFRA - M., 2004.

13. Kibanov A.Ya. Fundamentals of personnel management. - M.: INFRA - M., 2003.

14. Models and methods of personnel management. Edited by Morgunov E.M. - M.: CJSC "Business School" Intel - Synthesis, 2001.

15. Molodtsov M., Krapivin O., Vlasov V. Labor law. - M .: "Norma-Infra", 2001

16. Ponomarev I.P. Motivation by work in the organization. Editorial URSS. - M.: 2004.

17. Popov S.G. Personnel Management. Tutorial. - M.: Os-89, 2002.

18. Purtova E.A. Kroyav L.M. Management culture of organizations. - M.: 2004.

19. Razumov A.A. The working poor in Russia. - M.: VTSUZH, 2002.

20. Rakoti. B. Wages and entrepreneurial income. - M: Finance and statistics, 2001

Soifer V.G., Head of the Department of Civil Law Disciplines of the National Institute of Business, Doctor legal sciences, Professor.

The process of personnel management in the conditions of market relations differs significantly from work with personnel of the Soviet period. The traditional term "labor force", which was considered a fixed ability to work, is giving way to the human factor, labor personnel, which is a holistic expression of the total capabilities and functional abilities of a person, which are continuously developed and updated in accordance with the needs of production and labor. Staff in management science is defined as a socio-economic category that expresses the social community of employees of a particular organization, as a set of people with labor, professional, creative and entrepreneurial abilities. Structurally, personnel, along with employees, includes other categories of workers employed in an organization, where a person in the process of labor activity acts not only as a staffing unit and performer of a labor function (work), but also as an element of the organization itself, embodying the unity of three interrelated components: labor function, social relations and personality.

Recent achievements in management science indicate the active development and modification of methods for managing the human factor (staff, employees) in order to create a creative labor collective capable of change, development, renewal. At the same time, attention is drawn to the need to move away from a simplified idea of ​​management in a purely administrative sense, characteristic of a totalitarian society, and personnel management is considered taking into account the self-regulation and self-organization of the system. New approaches to personnel management should also be consistent with legal mechanisms designed to serve economic relations.

One of the directions for improving the mechanism of legal regulation of labor should be the revision of traditional institutions, categories of labor law and the normative acts that make up their content in order to unify and eliminate contradictions, reduce and abolish bureaucratic procedures in the application of labor legislation. After all, the ideas and concepts of many norms and provisions of labor law in force today were formed in the era of totalitarianism, when labor processes had to be regulated by appropriate methods, subordinating them to the political tasks of a particular stage of the country's socio-economic development: industrialization, collectivization, restoration of the national economy, development of virgin lands, etc. .P.

Labor law will have to get rid of outdated concepts and theories that do not accept novelties in the organization of labor and personnel management, which are manifested in the flexibility of labor. "Flexible" legal regulation of labor relations is, first of all, the maximum consideration by all institutions of labor law of the complexity and diversity of economic relations, the laws of the labor market and the real manifestation of forms of employment of people. IN foreign business flexibility in the regulation of labor relations is manifested in:

• flexibility in the use of various modes of working hours (flexibility in time);
• reduction and increase in the number of staff (flexibility in terms of number);
• doing work at home and at "distance" (geographical flexibility);
• performance of any assigned work within the professional competence of the employee (professional flexibility)<1>.

<1>See: Streadwick John. Human resources management in small business. SPb., 2003. S. 108 - 110.

Domestic labor law very carefully uses a flexible approach in the legal regulation of labor relations. The reason for this is the strict requirements of individual norms and the inviolability of the traditional concepts that underlie the construction of this circle of labor relations. Using a number of examples, we will show the "inflexibility" of labor law and legislation in the legal support of labor relations that are formed under the influence of latest requirements labor economics and advanced foreign experience.

An example of a strict form of regulation of labor relations is the existing regime for formalizing the labor relationship between an employee and an employer, based on mandatory written confirmation of mutual decisions made by the parties. Any steps of the employee (and the employer) in the field of work are recognized as legitimate if they are in writing. Unlike previous labor codes, the current Labor Code of the Russian Federation has taken a tilt towards the written registration of almost any decision in the field of human labor activity, even when such behavior of an employee is self-evident and follows from the logic of managing the workforce. Thus, the internal labor regulations, which are on public display in many organizations, today require mandatory written confirmation of the fact of familiarization with them (Article 68 of the Labor Code of the Russian Federation). What is not the field of activity for supervisory authorities that verify compliance with labor laws: the absence of a written consent or "signature" of the employee is in itself, regardless of the actual result of the agreement reached and the behavior of the parties, is a reason for recognizing the fact of an offense, applying sanctions to the employer, etc. Isn't this one of the reasons for the growth of corruption in the country?

Nevertheless, the written execution of the employment contract, the signature in the order for employment, the employee's signature on the copy of the employer's employment contract, other written forms of "coordination of the possibilities of concluding an employment contract" could not prevent the widespread practice of attracting citizens to work by oral agreement. Such "non-legal practices", which often arise on a mutual, voluntary basis, represent a formally illegal, but real-life action, actual wage labor, the regulator of which, along with the norms of labor law, are moral norms and ethical rules, defining the conditions and scope of labor activity by oral agreement of the parties.

Work by oral agreement should be distinguished from the situation provided for in part 2 of Art. 67 of the Labor Code of the Russian Federation, on the emergence of an employment relationship upon the actual admission of an employee to work with the knowledge or on behalf of the employer or his representative before concluding a written employment contract with him. There is a mutual expression of the will of the participants in labor relations who decided to do without formalities. sociological research testify that, according to an oral agreement between the employee and the employer, today at least 10-12% of employees work on a regular basis, and 20-25% of employees on an irregular basis. Sustainable categories of such workers have already been identified: builders, salespeople, educators, medical staff, security officers, personnel of many small and medium-sized businesses<2>.

<2>See: Zaslavskaya T., Shabanova M. Non-legal labor relations: the reaction of Russians // Man and labor. 2004. N 4. S. 40 - 44.

The science of labor law has not studied the reasons why employees prefer a written labor contract to work according to an oral labor agreement. Why are non-legal labor relations, integrating into the emerging system of socio-economic relations, becoming a habitual pattern of people's behavior, and why do large groups of workers internally accept them instead of condemnation?

As you can see, annual paid holidays, sick leave, other benefits and guarantees established by labor legislation for employees do not always keep a working person within the framework of an employment contract, and the inclusion of the principle of the right to work in the Labor Code of the Russian Federation did not strengthen the position of an employee in relation to a potential employer . Apparently, other values ​​under the influence of the constitutional principle of freedom of labor determine the interests of a person and allow him to choose any type of employment with or without a written contract.

Today, many job advertisements from recruitment agencies contain alternative proposals: either under the Labor Code (employment contract), or under a contract, agreement (meaning a civil law contract). Employment by oral agreement may be accompanied by the condition of concluding a written employment contract in the future, after a certain time.

Labor law will have to deal with the peculiarities of other methods of hiring workers who act as a kind of competitor to an employment contract on the labor market, find out the reasons for the loss of the advantages of an employment contract over civil law contracts in regulating the same type of labor relations, as well as before work that develops by oral agreement of the participants.

Along with the elimination of the causes that give rise to non-legal labor relations (legal insecurity of workers; non-compliance by the employer with the initial terms of the contract; passivity of trade unions; mutually beneficial interests of participants that oppose government decisions; bureaucratization of the procedure for the emergence and change of labor relations, etc.), it is necessary to return to the order that existed before September 25, 1992, when the parties to the employment contract themselves determined its form (oral or written), to develop a legal mechanism for the responsibility of the employer and employee for compliance with the oral agreement with changes in the labor function of the employee. You should think about effective forms of stimulating the conclusion of an employment contract, both in writing and orally. Some CIS countries have retained the oral form of the conclusion of the contract. Perhaps, the concepts of "wage labor", "employee", "presumption of hired labor" require clarification: according to the European Trade Union Confederation, today 70% of jobs in the world are occupied by people with whom no employment contracts have been concluded at all<3>.

<3> Russian newspaper. 2006. April 12.

More flexibility requires the existing procedure for replacing annual paid leave with monetary compensation. All persons working under an employment contract with an employer of any organizational and legal form, regardless of the place of performance of labor duties, position held, form of remuneration, etc., have the right to annual paid leave. Occupational safety as a system of preserving the life and health of workers in the course of labor activity, which includes legal, socio-economic, organizational, technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures, is based on the postulate that the basis for protection measures health of an employee, the period of his labor activity is taken equal to the working time of normal duration. From here, the duration of the annual paid leave is calculated, its irreducible minimum size, conditions for replacing it with monetary compensation, conditions for summing up or transferring to the next working year are constructed (Article 126 of the Labor Code of the Russian Federation).

Having abandoned the previous possibility of replacing annual paid leave with monetary compensation, the current Labor Code of the Russian Federation introduced the mandatory provision of such leave in kind. No exception is made even for part-time employees. Meanwhile, in the composition of employees, judging by the announcements of vacancies, the share of those invited to work part-time with a variety of work schedules is growing: three to four hours daily; three working days a week for four hours; one week per month etc. . As is known, work under such conditions does not entail any restrictions on the duration of the annual basic paid leave for employees: under any part-time work regimes, they are provided with an annual paid leave of at least 28 calendar days(Article 93 of the Labor Code of the Russian Federation). Replacing such leave in part or in full with monetary compensation is not allowed.

The actual reduction in the physiological and psychological burden on the human body, the reduction in the labor costs of an employee employed part-time, compared with the totality of factors of the production environment and the labor process that affect the performance and health of an employee who has a normal working time, gives reason to talk about the need changes in the existing rules for granting annual basic paid holidays to this category of workers. In our opinion, a part-time worker should be given the right, at his request, to replace such leave in full or in part with monetary compensation.

Such a proposal is in logical connection with the existing procedure for increasing earnings during processing and overtime work, as well as the payment of monetary compensation for vacation to persons working part-time. The procedure for replacing annual paid leave with monetary compensation for part-time workers should be put under the control of the labor collective and resolved in the manner of local labor regulation.

The lag in the science of labor law is clearly demonstrated by the developing institution of agency work. In most Western European countries, agency labor relations are regulated in detail; in domestic labor law, we are faced not only with the absence of special legislation on agency work, the "inflexibility" of general norms and scientific concepts, but also with dogmatism in assessing new forms of labor organization and personnel management.

Meanwhile, the lack of a legal framework did not stop the practice of using agency workers, dictated by the needs of the modern labor market and the economic interests of employers. To manage agency workers in the country, specialized structures began to be created - private employment services, which in their work are guided by international legal standards: EU Council Directives of June 25, 1991, Convention No. 181 and Recommendation No. 188, adopted in 1997 at 85 th session of the ILO and dedicated to private employment agencies.

During the preparation of the Labor Code of the Russian Federation, the mentioned international documents on agency work already existed, as well as the practice of using agency workers. Why did the Code pass over in silence a new phenomenon in the field of labor and employment, did not take into account in its basic principles the prospect of developing labor relations with the participation of agency workers? What position did the science of labor law take at that time on the issue of agency work, forecasting the development of labor relations in a market economy? After all agency labor has long been known to Russian law. Even in the Charter on industrial labor (1913) there were elements of legal regulation of agency work. The ideas of agency work were reflected in the norms of the Code of Labor Laws of the RSFSR of 1922. It is a pity that the current discussion about agency work began after the adoption of the Labor Code of the Russian Federation.

At a time when agency work has become a fact and its legal support is gradually returning to the mainstream of domestic legislation, the science of labor law is faced with the task of: guided by the trend of European labor legislation, to theoretically connect the practice, the special norms on agency work being developed with the traditional concepts of the employment contract and the real " tripartite "connection of participants in agency work; develop a mechanism for the legal regulation of labor relations in relation to the peculiarities of the organization of labor of two categories of workers - permanent and temporary. Or justify the need to prepare a new, fifth in a row, labor code of Russia, taking into account the requirements of modern international labor laws, a tripartite model of labor relations ("triangle"), a combination of labor rights and obligations of two contingents of workers: permanent and agency workers.

The peculiarities of agency work imply a radical "restructuring" of the traditional concepts underlying labor relations. In our science, attention was drawn to the fact that the current organization of labor is based on the multi-type economic ties labor force with factors of production, and this leads to the emergence of various participants in labor relations<4>.

<4>See: Iosifidi D.G. Types of labor relations and problems of their legal regulation: Abstract of the thesis. doc. dis. SPb., 2001. S. 3.

Thus, the international personnel company "MANPOWER" (at Russian market- since 1994) is engaged in the selection and employment of personnel in leading Western and domestic companies, organizes free education hired workers in a number of specialties, forms a reserve of certain categories of workers. Assuming the obligations of the employer, the company, in accordance with the contract concluded with the customer (user organization), undertakes to pay wages to the agency worker and make other payments under the current labor legislation. When concluding an employment contract with an agency worker, the latter is provided with information about the user organization in which he will work, the nature of the work, the terms and conditions for a possible transition to permanent work, i.e. change of employee status.

The relationship for the provision of personnel for rent (outsourcing) is based on the type of contract defined by the letter of the UMNS for the city of Moscow dated August 20, 2001 N 15-06 / 3767, according to which one organization (recruitment agency, employer) puts at the disposal of another organization (enterprise-user, customer) employees necessary qualifications for them to carry out their labor functions for the benefit of this organization. Although the employee is on the staff of the organization that has concluded an employment contract with him, the scope of work and working conditions are provided to him by the user enterprise. Since the employees provided for rent are impersonal (the user enterprise does not care about the identity of the employee, but his knowledge and business qualities), the parties provide for the procedure for replacing one specialist with another in the event of any unplanned situations (illness, business trip, etc.). Additional agreements to the outsourcing agreement are possible, specifying any conditions for the selection and use of personnel, as well as clarifying the scope of powers delegated by the employer to the user enterprise.

The above examples show that agency work as a socio-economic phenomenon corresponds to the spirit of a market economy, flexible forms of employment and use of personnel, and in the legal aspect it represents a tripartite labor relationship of participants in agency work, regulated by labor law, with the involvement, if necessary, of civil law norms.

The science of labor law also has to answer the question: are agency labor relations associated only with private employment agencies specially created for its management, or does such labor have a wide range of applications? In modern economic conditions, with an unstable commodity market and a mobile labor market, the legally permissible opportunity to rent out your employees with a subsequent return is a godsend for any entrepreneur. For example as a means of avoiding dismissal of a qualified personnel worker due to a temporary absence of work, as a way to reimburse the costs of training an employee spent by an employer whose staffing table had changed by the time the employee graduated from an educational institution and there was no need for this specialist, and the training agreement contains a condition on the possible compensation of costs in this case by leasing an employee.

Solving the issues of legal regulation of agency work is inextricably linked with the problem of local law-making, which today is mainly the prerogative of the employer and the primary trade union organization. And what about the adoption of local regulations by small businesses, where, as a rule, there is no primary trade union organization, the opinion of which the employer must take into account on the project of the adopted local normative act? Article 8 of the Labor Code of the Russian Federation (as amended by the Federal Law of June 30, 2006 N 90-FZ), although it establishes the general procedure for local law-making "taking into account the opinion of the representative body of employees", it focuses the employer on the organizational and legal mechanism for passing the draft local regulatory act and its adoption (consultation, revision, appeal, etc.) taking into account the opinion of the elected body of the primary trade union organization (Article 372 of the Labor Code of the Russian Federation). The question is whether such a procedure for adopting a local normative act is possible in an organization where there is no elected body of the primary trade union organization?

The exclusion of the labor collective and its bodies (STK) from the Labor Code of the Russian Federation as an alternative trade union organization of the structure, replacing it with the vague concept of "other representatives of workers" complicates the situation of local law-making and forces entrepreneurs to solve this problem in a different way, bypassing labor law, in a way: by reflecting their interests in personnel management in founding documents legal entity which are mandatory for the employer (and his head as a body of a legal entity) (Article 52 of the Civil Code of the Russian Federation).

According to O.V. Smirnov, despite the belittling of the role and importance of the labor collective of his legal status albeit in a truncated form, but preserved: it remains the subject of labor law. Within the framework of the labor collective, its bodies operate (STK, KTS), as well as public organizations formed by the team. Therefore, in accordance with Articles 52 and 53 of the Labor Code of the Russian Federation, labor collectives have the right to participate in the management of the organization<5>.

<5>See: Labor Law: Textbook / Ed. O.V. Smirnova, I.O. Snigireva. M., 2006. S. 98.

Life itself dictates the need to restore the labor collective as a subject and object of personnel management in labor law, to give it powers identical with the primary trade union organization at all levels of social partnership: according to the data cited by V. Kostikov, over the past five years, the number of trade union members has decreased by 10 million people<6>. According to a quick survey conducted public service employment in Moscow, in the event of a labor conflict at work, 60% of respondents expressed a desire to defend their rights in court; 26% are ready to independently resolve a labor dispute directly with the employer; 6% rely on government support. It is curious that none of the Muscovites who participated in the survey are going to turn to trade union organizations for help in resolving their labor conflict.<7>.

<6>See: Arguments and Facts. 2007. No. 5.
<7>See: Arguments and Facts. 2007. N 3.

The share of local regulation of labor relations associated with the use of agency labor, first of all, should include:

a) determining the types of work (jobs) to be replaced by agency workers;

b) specifying the periods (time) of using the labor of agency workers in combination with permanent and temporary (seasonal) employees of the user enterprise;

c) the ratio of labor rights and obligations of temporary and permanent workers employed in similar or similar jobs;

d) determining the liability of agency workers and their employer in relation to specific types works;

e) conditions for the organization of labor and wages of agency workers, their subordination to the internal labor regulations of the user enterprise.

The legal regulation of wages is also developing far from scientific ideas and developments, which today lag behind the requirements of the laws of economics and personnel management. The institute of legal regulation of wages continues to reflect outdated wage systems, which, according to economists, are extremely unfair and inefficient. Thus, the wage reform carried out in order to increase the share of labor in GDP (in developed foreign countries, wages reach 60-70% of GDP, in Russia - half as much), requires a global transition to hourly wages. The payment of sums of money for the hours actually worked instead of the regular salary system of remuneration established by law, characteristic of the Soviet period, corresponds to international practice, UN recommendations. The transition to hourly wages will make it possible to organize the recording of actual hours worked, which in turn will solve the problem of withdrawing from the "shadow" of wages received, provide employment for many categories of citizens who are reluctant to be hired for a fixed salary, and will also help to increase the importance of qualifications and professional skills. worker.

In addition, the transition to hourly wages creates conditions for more efficient use of staff and growth in labor productivity. Economic calculations and research shows that just about every category of staff makes productive use of their time. If the employment contract defines and clearly fixes the periods of intensive work of a person, then the rest of the time the employer can send him to "free bread" without interrupting the employment relationship. This model of personnel management is productive and complies with international practice, allowing the company to reduce the costs associated with the acquisition and development of in-house (corporate) labor resources, and the employee to receive a reserve of both free and working time<8>.

<8>See: Kartashev S.A., Odegov Yu.G., Kokorev I.A. Recruiting. Hiring staff. M., 2002. S. 52.

The UN experts believe that the minimum hourly rate should not be less than $3. And legally fix the criteria for decent work. The state, in its influence on the level of wages and the design of wage models, should not be guided by the work of state employees, while 80% of the country's population already works in the private sector.

Only by detaching from the theoretical substantiation of the nature of labor relations related to the legal regulation of wages can one explain the position of the Ministry of Finance of Russia, which, by its letter of October 17, 2006 N 03-05-02-04 / 157, excluded employee bonuses from the system of remuneration and labor incentives for labor achievements dedicated to their anniversaries. This ignores the employer's assessment of the segment of the employee's labor activity, his real labor merits in a particular working period, which are encouraged by a bonus and at the will of the employer, and sometimes with the consent of the employee, their payment is timed to coincide with anniversaries, memorable dates: birthday, length of service in the organization, the time the employee has been in office, etc.

The expanding practice of legal regulation of labor remuneration requires a scientific assessment, when the total earnings of an employee are, as it were, divided into two parts: a "mandatory share" based on a predetermined tariff and salary system guaranteed by labor legislation, and a non-guaranteed, "profitable" part of the earnings, the receipt of which associated with the direct participation of the employee in the entrepreneurial activities of the employer (legal entity, owner), regulated by civil (entrepreneurial) law. The size of this part of earnings (income) can be determined by a percentage of the amount of sales, a part of the proceeds, a share of the profit received. The guarantee of a specific amount of profit is problematic due to the presence commercial risk. Naturally, with such an organization of remuneration, in the event of a dispute, the satisfaction of an employee’s claim, for example, regarding unpaid wages, will reflect the dual nature of earnings: the employee’s claims for its “profitable” part will depend on the results and the mechanism for determining the results of entrepreneurial activity (profit), governed by civil law, in contrast to the indisputable application of the provisions of Article 142 of the Labor Code of the Russian Federation in relation to the first part of earnings.

The noted regime of legal regulation of the total earnings of an employee based on the participation of the norms of two branches of law (labor and civil) indicates the symbiosis of these branches in the legal regulation of labor relations, which corresponds to modern approaches to personnel management. In the same vein, there is the expanding practice of remuneration for the teaching staff of educational institutions, which also consists of two components: wages in accordance with an employment contract in accordance with staffing and remuneration (often received in the same place of work) under a civil law contract paid provision services (Article 779 of the Civil Code of the Russian Federation). This practice is based on the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41, which established that freelance pedagogical work "is not considered part-time work and does not require the conclusion (execution) of an employment contract."

Such a phenomenon of labor stimulation put forward by practice as encouraging an employee by providing a separate office, a company car, a foreign business trip, a 6- or 12-month sabbatical leave, issuing a loan to purchase or rent an apartment, paying for the education of his children, visiting medical and health centers has not been studied at all.<9>. How desirable is the presence of labor law here in order to provide the employee with further "consumption" of such awards? What are the consequences of maintaining these incentives if an employee violates labor discipline? Does the employee acquire the right to challenge the future refusal of the employer to maintain benefits in court? Indeed, at the time of the conclusion of the employment contract, there was no talk of such incentives.

<9>See: Demchenko T. Personnel management: modern approaches// Man and labor. 2003. N 8. S. 72.

It will not be a stretch to say that labor law science and practice were taken by surprise by the proposal to abolish work books, this relic of the totalitarian system. Here again we are faced with a situation where the innovative idea of ​​a number of deputies of the State Duma (alas, not representatives of science) to eliminate the document "preserved from 1918, the era of war communism and universal military service" does not coincide with the labor law policy of strengthening the role and the importance of the work book as one of the main documents that must be presented when concluding an employment contract, as an indispensable source of information about a person’s labor activity.

The introduction of new rules on work books since 2004, the production of new work book forms, and the expansion of its scope with the latest edition of the Labor Code of the Russian Federation testify to the stable position of labor law science and the legislator in assessing this "sacred cow". The work book remains valid even when modern information, computer and telecommunication technologies are used in personnel management, if there are Labor Code RF fundamentally new chapter 14, designed to regulate the receipt and processing of personal data about an employee by modern means. Under such conditions, it is in no way possible to justify a situation conducive to the preservation, and even more so the development of labor relations with the participation of a work book.

The anachronism of the work book is especially evident against the background of the employment of foreign citizens, who simply may not have it. In such cases, the employer finds himself in a strange position: one norm of the Labor Code of the Russian Federation does not allow the hiring of any applicant, including a foreign citizen, without a work book, and the other allows the issuance of a work book to the latter on a general basis (Article 11 and Article 65 ). The absence of a work book from a foreign citizen often serves as a reason for attracting him to work by concluding a civil law contract. It was this circumstance that the legislator had in mind when he equalized labor and civil law contracts when registering labor relations with foreign citizens<10>.

<10>Cm.: the federal law dated July 25, 2002 N 115-FZ "On the legal status of foreign citizens in the Russian Federation" // SZ RF. 2002. N 30. Art. 3032.

The initiators of the liquidation of the work book connect their proposal primarily with the use of foreign experience in working with personnel, where they do without work books, preserving the interests of workers: only an identity card, a diploma confirming qualifications, a resume and recommendations from previous place work<11>. Note that the aforementioned particular recruitment agencies conduct recruitment, as a rule, not according to entries in the work book, but according to resumes; when selecting citizens to conclude an employment contract with an employer - individual for work in the family, household often use recommendations from a previous employer. In Germany, for example, at the request of a resigning employee, the firm is obliged to issue a recommendation, which is the same characteristic. When receiving a recommendation from a private person, attention is drawn to his status: a recommendation from a person known in the circle of specialists will be more influential.

<11>See: Kommersant. 2006. October 19.

If a resume is a documented basic data about the biography of an employee, his professional and qualification characteristics, indicating work experience and personal qualities, then the recommendation is written information from a previous place of work or from an authoritative person about the individual labor and other abilities of a person. These sources of information about an employee are not mentioned in the Labor Code of the Russian Federation, they are even prohibited, because among the possible "additional documents" presented at the conclusion of an employment contract, documents are assumed to be issued by official bodies in standard situations (directions of the employment service, conclusions of medical authorities, recommendations for disabled people coming to work, pensioners, etc.).

The attractiveness of the idea lies in the fact that along with the liquidation of the work book, the concepts of "main place of work" and "part-time work" will disappear, the system of accounting for the work of employees and personnel management will be simplified, and this will serve as a catalyst for the development of the science of labor law in the study of new types labor relations. Finally, work books will no longer be the main focus of attention of bodies that control compliance with labor laws and labor protection requirements, and employers will no longer need to issue, store and maintain work books.

Nevertheless, a front of opponents of the abolition of the work book is already being formed. Together with the trade unions, they believe that this will lead to a decrease in the level of social protection of workers and a violation of their labor rights. Without a work book, it is difficult to track the receipt of unemployment benefits, there will be a problem of accounting for work experience, and so on. In a word, Russia is not ready for the abolition of work books. Such fears can be removed by scientific and practical developments to transfer information about the work biography of an employee from a work book to other information carriers, to identify the necessary, mandatory for future work and secondary information about human labor. The science of labor law can help government bodies in making appropriate decisions aimed at eliminating the work book without prejudice to the interests of the employee, employer, their representatives and other participants in personnel management.

A vivid example of a creative approach to solving new problems by means of modern technology can be information about a new basis for terminating an employment contract - disqualification (clause 8, article 83 of the Labor Code of the Russian Federation). The bodies of the Ministry of Internal Affairs, as the main participant in relations related to the disqualification of an employee, took care of automating the accounting of this process: from March 1, 2007, the procedure for the formation, maintenance and issuance of information about disqualified persons will begin to operate. According to the Manual on the formation and maintenance of the register of disqualified persons and the Instruction on the procedure for issuing information about them, all information will flow to the Main Information and Analytical Center of the Ministry of Internal Affairs of Russia and information centers of the Ministry of Internal Affairs, Central Internal Affairs Directorate and Internal Affairs Directorate in the constituent entities of the Federation. At the same time, all data on the disqualified employee will be entered into the register: full name, date and place of birth, name of the organization and position held, time of the offense and circumstances of the misconduct, period of disqualification, etc. Why not a scheme for transferring information about the "work histories" of an employee into the language of machines? In civil law, a similar organizational and legal mechanism for collecting and storing credit histories about borrowers of funds is successfully developing.

It seems that the decisive word in the abolition of the work book and the translation necessary information the trade union as an organization interested in protecting the rights and interests of workers should speak about the "labor history" of the worker in modern media. In relation to the modern requirements of reality, it is the trade union that is called upon to lead the work to eliminate the relic of the past in the working life of Russians, which is the work book that has been preserved from Stalin's times.

As part of the integration of Russian labor legislation into the global (European) labor management system with existing information, computer and telecommunication technologies, the preservation of this paper carrier, which remains the work book, will serve as a certain obstacle in the formation of a single information space with the participation of Russia. In order to meet the general criteria of globalization and the requirements for building a single information space, it is necessary to form new approaches to the collection, processing, storage, use and protection of employee personal data and other information related to the labor process, which are now integrated into information about a person, his various rights.