Registration for work of workers of religious organizations. Contracts with workers of religious organizations Labor contract with singers in a church sample
Current legislation allows religious organizations to enter into labor relations as employers and enter into labor contracts with workers. Labor relations in these organizations are governed by labor law, taking into account the specifics established for religious organizations. ch. 54 Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation). Cases of the conclusion of labor contracts are provided for by the charters of these organizations.
The specifics of the employment contract are discussed below.
BasedArt. 344 Labor Code of the Russian Federation, an employment contract between an employee and a religious organization can be concluded for a specified period. In other words, a religious organization can conclude with an employee as a fixed-term employment contract for a period not exceeding 5 years ( Art. Art. 58, 59 Labor Code of the Russian Federation) and an employment contract for indefinite term... In this case, the parties have the right to choose. This will be based on an agreement between the worker and the religious organization.
One of the key features legal regulation labor of workers of religious organizations is to keep track of the content internal regulations these organizations when determining the rights and obligations of the parties to the employment contract. This feature is based on the principle of the state's respect for the internal regulations of religious organizations, provided that they do not contradict the Constitution of the Russian Federation, the Labor Code of the Russian Federation and other federal laws.
With regard to labor relations, internal regulations may determine: the procedure for concluding labor contracts in a religious organization (including bodies or officials who have the right to conclude labor contracts), working conditions and remuneration, specifics of the employee's performance of the labor function, the rules of employee behavior in the performance of labor responsibilities and more. At the same time, it must be remembered that in accordance with Art. 9 of the Labor Code of the Russian Federation, labor contracts cannot contain conditions that limit the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are nevertheless included in the employment contract for some reason, then they are not subject to application.
To the parties the considered labor contract has a number of special features. In accordance with Art. 342 of the Labor Code of the Russian Federation, the employer is a religious organization registered in the manner prescribed federal law, and has entered into an employment contract with an employee in writing
As a legal entity employer, a religious organization acts as a party to an employment contract through its representative authorized to enter into employment contracts. For example, in accordance with the Charter of the Russian Orthodox Church, the authority to conclude employment contracts with parish workers is vested in the chairman of the parish council.
The legislator clearly defines the age limit for an employee of a religious organization: it can be a person who has reached the age of 18 (part 2 of article 342 of the Labor Code of the Russian Federation). Conclusion of employment contracts with underage workers not allowed.
The form of an employment contract with written by an employee of a religious organization.
Labor contract is in two copies, each of which is signed by the parties. One copy of the agreement is kept by the religious organization. The second copy is given to the employee, which is confirmed by his signature on the employer's copy.
Traditionally, the text of the treaty is divided into sections with numbering and headings. The legislator does not impose any special requirements for the structure of the text, therefore the number of sections and their titles are determined by the parties. The main thing is that the agreement should reflect everything that the law requires, the internal regulations of the religious organization prescribe and the parties themselves wish.
With regard to the information included in the agreement, the legislator does not introduce any specifics. Therefore, their list in the contract should be similar to that given in Part 1 of Art. 57 of the Labor Code of the Russian Federation
The specificity of a number of key conditions included in an employment contract with an employee of a religious organization is as follows.
Condition on the labor function of the employee. According to the general rule established by Part 2 of Art. 57 of the Labor Code of the Russian Federation, the labor function means work according to the position in accordance with staffing table, profession, specialty with an indication of qualifications or a specific type of assigned work. An employee of a religious organization undertakes to perform the work specified in the employment contract. Moreover, this work can be any, not prohibited by the Labor Code of the Russian Federation and other federal laws. That is, when determining the labor function of an employee of a religious organization (including the name of the position, profession, as well as qualification requirements for them), the parties are not related to the content of qualification reference books and professional standards.
Considering term clause, it should be noted that the parties have a choice. In accordance with Part 1 of Art. 344 of the Labor Code of the Russian Federation, they have the right to conclude a fixed-term contract. This will be based on an agreement between the worker and the religious organization. In the case of an urgent nature of the employment relationship, the contract indicates its term (no more than five years). Reason for imprisonment fixed-term contract(the need to indicate which is provided for in part 2 of article 57 of the Labor Code of the Russian Federation) can be defined as an agreement between the parties to an employment contract. At the same time, the parties are not deprived of the opportunity to conclude employment contracts for an indefinite period.
Working hours workers of a religious organization is determined taking into account the normal working hours established by law (it cannot exceed 40 hours per week). In this case, the parties must proceed from the regime for the implementation of rituals or other activities determined by the internal regulations of the religious organization. The specifics of conducting divine services, performing rituals and other activities (in the morning, evening, Sunday, outside the normal working hours) are reflected in the working hours<8>... Therefore, in the terms of the contract, it is necessary to clearly fix all the nuances regarding the employee's working time, including the establishment of an irregular working day for the employee, dividing his working day into parts, summarized accounting of working hours, etc.
A number of features are also contained in the conditions governing the termination of an employment contract.
Read more in the article " Legal specifics drawing up an employment contract with an employee of a religious organization "
Employment contract (relationship)
with an employee of religious organizations
The labor relationship between an employer - a religious organization and an employee has a number of features, which follows from the labor legislation of the Russian Federation. We will talk about these features in this article.
First of all, we recall that a religious organization is a voluntary association of citizens of the Russian Federation, other persons, constantly and for legal grounds living on the territory of the Russian Federation, formed for the purpose of joint confession and dissemination of faith and in the manner prescribed by law registered as legal entity... This is indicated by Article 8 of Federal Law No. 125-FZ of September 26, 1997 "On Freedom of Conscience and on Religious Associations" (hereinafter - Law No. 125-FZ).
Religious organizations, depending on the territorial scope of their activities, are subdivided into local and centralized.
A local religious organization is a religious organization consisting of at least 10 members who have reached the age of 18 and permanently reside in the same locality or in one urban or rural settlement.
A centralized religious organization is a religious organization consisting, in accordance with its charter, of at least 3 local religious organizations.
A religious organization is also recognized as an institution or organization created by a centralized religious organization in accordance with its charter, having the purpose and characteristics that are provided for in paragraph 1 of Article 6 of Law No. 125-FZ, including a governing or coordinating body or institution, as well as a spiritual educational organization ...
Features of the legal regulation of labor relations in religious organizations are provided for by Articles 342 - 348 of Chapter 54 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).
According to Article 342 of the Labor Code of the Russian Federation, the employer is a religious organization registered in accordance with the procedure established by Article 11 of Law No. 125-FZ, and which has concluded an employment contract with the employee in writing.
An employee is a person who has reached the age of 18, who has entered into an employment contract with a religious organization, who personally performs certain work and is subject to the internal regulations of the religious organization.
The rights and obligations of the parties to the employment contract are determined in the employment contract, taking into account the specifics established by the internal regulations of the religious organization, which should not contradict the Constitution of the Russian Federation, the Labor Code of the Russian Federation and other federal laws, as indicated by Article 343 of the Labor Code of the Russian Federation.
Features of the conclusion of an employment contract with a religious organization and its amendment
On the basis of article 334 of the Labor Code of the Russian Federation, an employment contract between an employee and a religious organization can be concluded for a certain period. In other words, a religious organization can conclude with an employee both a fixed-term employment contract for a period not exceeding 5 years (Articles 58, 59 of the Labor Code of the Russian Federation), and an employment contract for an indefinite period.
When concluding an employment contract, the employee undertakes to perform any work not prohibited by the Labor Code of the Russian Federation or other federal law, determined by this contract, as established by part 2 of Article 334 of the Labor Code of the Russian Federation. From this we can conclude that labor duties such an employee is determined in the employment contract without taking into account the requirements of the tariff and qualification reference book of the work and professions of workers and the qualification reference book of the positions of managers, specialists and other employees. At the same time, the work that the employee is obliged to perform must be determined by the employment contract. This means that the labor contract must stipulate the work duties of the employee, which must be directly performed by him, or indicate the position in accordance with the internal regulations of the religious organization.
Please note that the labor relations of workers of religious organizations are subject to Article 60 of the Labor Code of the Russian Federation, according to which it is prohibited to require an employee to perform work that is not stipulated by an employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws.
According to part 3 of Article 334 of the Labor Code of the Russian Federation, the labor contract in accordance with the Labor Code of the Russian Federation and the internal regulations of a religious organization includes conditions that are essential for an employee and for a religious organization as an employer. That is, together with the conditions listed in Article 57 of the Labor Code of the Russian Federation, these may be other conditions that the parties considered necessary to include in the employment contract (for example, special treatment work related to the time of worship, special order definition of a workplace, conditions on the confidentiality of information obtained in the performance of official duties, and so on).
By virtue of part 4 of article 334 of the Labor Code of the Russian Federation, if necessary, changes determined by the parties of the terms of the employment contract, the religious organization is obliged to notify the employee about this in writing at least 7 calendar days in advance.
Working hours of persons working in religious organizations
In accordance with Article 345 of the Labor Code of the Russian Federation, the working time regime of persons working in religious organizations is determined taking into account the normal working hours established by the Labor Code of the Russian Federation, based on the regime for the implementation of rituals or other activities of a religious organization determined by its internal regulations.
In other words, the requirements of Article 91 of the Labor Code of the Russian Federation regarding normal working hours are fully applicable to workers of religious organizations. In addition, based on the regimes for the implementation of rituals or other activities of a religious organization determined by its internal regulations, the requirements of reduced working hours (Article 92 of the Labor Code of the Russian Federation), part-time work (Article 93 of the Labor Code of the Russian Federation), overtime work ( article 99 of the Labor Code of the Russian Federation) and others.
Please note that restrictions placed on women and persons with family responsibilities when recruiting them to work on weekends and holidays, at night, to overtime work, as well as when sent on business trips, also apply to workers of religious organizations.
Material liability of workers of religious organizations
According to article 346 of the Labor Code of the Russian Federation, an agreement on full material responsibility.
At the same time, it should be noted that the lists of jobs and categories of workers of a religious organization with whom agreements on full material responsibility can be concluded are not established by the Government of the Russian Federation, but by the internal regulations of the religious organization.
If the work that the employee performs is included in the corresponding list, then he has no right to refuse to conclude an agreement on full liability.
If the employee refuses to conclude an agreement on full material responsibility, then an employment contract with him may not be concluded.
The determination of the amount of damage caused and the procedure for recovering damage caused by workers of religious organizations are governed by general rules.
Here is a sample of an agreement on full financial responsibility with an employee of a religious organization.
Example
Contract No. 1
about full individual financial responsibility
The Russian Orthodox Church, hereinafter referred to as the "Employer", represented by official Shvedova Yegor Viktorovich, acting on the basis of the Charter, on the one hand, and the cashier Andreeva Antonina Alexandrovna, hereinafter referred to as "Employee", on the other hand, have entered into this Agreement as follows.
1. The employee assumes full financial responsibility for the shortage of property entrusted to him by the Employer, as well as for damage incurred by the Employer as a result of compensation for damage to other persons, and in connection with the above undertakes:
a) take care of the property of the Employer transferred to him for the implementation of the functions (duties) assigned to him and take measures to prevent damage;
b) promptly inform the Employer or his immediate supervisor about all circumstances that threaten to ensure the safety of the property entrusted to him;
c) keep records, draw up and submit, in accordance with the established procedure, commodity-money and other reports on the movement and balances of the property entrusted to him;
d) participate in the inventory, audit, other verification of the safety and condition of the property entrusted to him.
2. The employer undertakes:
a) create for the Employee the conditions necessary for normal work and ensuring the complete safety of the property entrusted to him;
b) to acquaint the Employee with the current legislation on the material liability of employees for damage caused to the employer, as well as other regulatory legal acts (including local ones) on the procedure for storage, acceptance, processing, sale (release), transportation, use in the production process and implementation other transactions with the property transferred to him;
c) carry out, in accordance with the established procedure, an inventory, audits and other checks of the safety and condition of property.
3. Determination of the amount of damage caused by the Employee to the Employer, as well as damage incurred by the Employer as a result of compensation for damage to other persons, and the procedure for their compensation are made in accordance with the current legislation of the Russian Federation.
4. The employee is not liable if the damage is caused through no fault of his own.
5. Genuine contract comes into force from the moment of its signing. This Agreement applies to the entire time of work with the property of the Employer entrusted to the Employee.
6. This Agreement has been drawn up in two copies having the same legal force, one of which is with the Employer, and the other with the Employee.
7. Changes to the terms of this Agreement, addition, termination or termination of its validity are carried out by written agreement of the parties, which is an integral part of this Agreement.
Addresses of the parties to the Agreement: Signatures of the parties to the Agreement:
Employer: Russian
Orthodox Church,
102356, RF, Moscow,
st. Ivanova, 65. Shvedov E.V. Swedes
Employee: 198562, Moscow
st. Sadovaya, 47, apt. 98 Andreeva A.A. Andreeva
Date of conclusion of the Agreement 05.05.2015
Termination of an employment contract with an employee of a religious organization
In addition to the grounds provided for by the Labor Code of the Russian Federation (Article 77 of the Labor Code of the Russian Federation), an employment contract with an employee of a religious organization may be terminated on the grounds provided for by the employment contract. This is stated in article 347 of the Labor Code of the Russian Federation.
Note!
The grounds for termination established by an employment contract must not be discriminatory. As follows from article 3 of the Labor Code of the Russian Federation, restriction of labor rights and freedoms depending on circumstances not related to the business qualities of the employee is not allowed. Restriction of the rights of workers, which is determined by the inherent this kind labor requirements.
The terms of warning an employee of a religious organization about dismissal on the grounds provided for by an employment contract, as well as the procedure and conditions for providing these employees with guarantees and compensations related to such dismissal, are determined by the employment contract.
Consideration of individual labor disputes workers of religious organizations
On the basis of Article 348 of the Labor Code of the Russian Federation, individual labor disputes not settled independently by an employee and a religious organization as an employer are considered in court.
When considering a labor dispute in court, apply general rules civil procedural legislation.
The internal regulations of a religious organization may provide for a different procedure for resolving disputes, but it does not exclude the possibility for an employee of religious organizations to go to court.
In conclusion, it should be noted that labor relations in religious organizations are regulated not only by the Labor Code of the Russian Federation, but also by Law No. 125-FZ.
According to article 24 of Law No. 125-FZ, the working conditions of workers employed in a religious organization and their remuneration are established in accordance with the legislation of the Russian Federation by an employment contract between the religious organization (employer) and the employee.
Employees of religious organizations, as well as clergy are subject to social security, social insurance and retirement benefits in accordance with the legislation of the Russian Federation.
Religious organizations have the right to establish, in accordance with their internal regulations, the conditions for the activities of clergy and religious personnel, as well as requirements for them, including in terms of religious education.
At first glance, it may seem that personnel issues in religious organizations (the Church) do not exist, since they are non-worldly entities (not related to the material world). However, it is not.
The Church, through the organizations of which it is composed, on an equal basis with other organizations, is subject to legal regulation by the laws of the country of its location.
The main legislative act regulating the activities of religious (church) organizations in Ukraine is the Law of Ukraine "On Freedom of Conscience and Religious Organizations" dated April 23, 1991, No. 987-XII ( Further- Law No. 987). Article 13 of Law No. 987 states that a religious organization is recognized as a legal entity from the moment of registration of its charter (regulation) and has rights and obligations in accordance with current legislation and its charter (statute). Consequently, such organizations, along with others, should have their own service staff... And if there is personnel, personnel issues will certainly arise.
Basic information about the types of religious organizations
Religious organizations, according to Article 7 of Law No. 987, include religious communities, administrations and centers, monasteries, religious brotherhoods, missionary societies (missions), religious educational institutions, as well as associations consisting of the aforementioned religious organizations. Religious associations represent centers (offices).
Different denominations have their own names for religious organizations. For example, an Orthodox religious community is called arrival, religious administration - diocese, a religious center - patriarchate (metropolitanate).
It should be noted that each of these organizations is an independent legal entity. True, the charters of religious organizations indicate their belonging to a religious association and their place in the organizational structure of such an association (Article 12 of Law No. 987). Moreover, a religious community (parish) in canonical and organizational matters is usually subordinate to the religious administration (diocese) and the religious center (patriarchy, metropolitanate), which should be indicated in its charter. The state recognizes the right to come to such subordination (Art. 8 of Law No. 987).
Since the most numerous among religious organizations are religious communities (in Orthodoxy - parishes), they are considered in the context of the article.
Parish activities can be conditionally divided into liturgical and economic.
Liturgical activity is to conduct divine services. Divine services are conducted by clergymen and clergymen who constitute clergyman (clergy) ... TO clergymen belong to priests and deacons (the highest levels of the church clergy). Subdeacons, psalmists, reciters, choir director, choristers, altar boy, etc. belong to clergymen (lower levels of the church clergy).
Economic activity, aimed at the maintenance of a parish or church, is carried out by the administration and the workers themselves. TO administration belong parish councilors - the chairman (as a rule, the church headman or rector - a priest appointed by the diocesan bishop to manage the clergy and life of the parish), his assistant and treasurer ( Chief Accountant). These positions are elective. Workers (watchman, accountant, cashier) perform work directly on the content of the parish.
Personnel (staff) of the Orthodox parish
According to Article 7 of Law No. 987, religious organizations in Ukraine operate in accordance with their hierarchical and institutional structure, elect, appoint and replace personnel according to their statutes(provisions). The specifics of regulating labor relations in religious organizations are regulated by Articles 25 and 26 of Law No. 987, which provide the following:
a religious organization has the right to employ citizens;
working conditions are established by agreement between the religious organization and the employee and are determined by a written employment contract;
a religious organization is obliged to register an employment contract in accordance with the established procedure;
in accordance with the established procedure, documents are registered that determine the conditions for remuneration of clergymen, clergymen and persons working in a religious organization in elective positions;
citizens working in a religious organization under an employment contract can be members of a trade union;
Citizens working in religious organizations and in enterprises created by them, in charitable institutions on the terms of an employment contract are subject to labor legislation, compulsory state social insurance and taxation.
Separately, there are clergymen, clergymen, employees in elective positions and employees hired under an employment contract. In addition, clergymen, clergymen and workers in elective positions are opposed to workers hired under an employment contract.
Article 25 of Law No. 987 states that a religious community is obliged to register an employment contract in accordance with the established procedure. However, it should be noted that there is no such established procedure for church organizations, therefore employment contracts do not require any special registration. Accordingly, there is no need for registration and documents defining the conditions of remuneration of clergymen, clergymen and persons working in a religious organization in elective positions.
Registration of clergy and clergymen
As a rule, the statutes of parishes state that clergy are not hired workers, that is, they are not formalized on the basis of employment contracts. According to Law No. 987 labor legislation does not apply to relations between clergy and parishes. Therefore, work books are not kept for clergy, they are not issued personnel documents(personal files, cards, etc.), the time sheet is not kept and the labor legislation does not apply social guarantees, in particular the right to leave.
The statutes of parishes usually indicate that clergy are appointed, moved, and dismissed from their positions by the diocesan bishop. From the standpoint of civil legal relations, the diocesan bishop acts as the head of the diocese. And the parishes are subordinate to the diocese in canonical and organizational matters (Article 8 of Law No. 987).
The appointment of clergymen is formalized by decree, which is made up in two copies in any form. One of them remains in the affairs of the diocese, and the second is transferred to the parish. The decree must specify the date from which the clergyman must begin to perform his duties. For each clergyman in the diocese, private bussiness, in which all his official movements are noted (appointments, transfers, dismissals, etc.).
On the basis of the decree of the diocesan bishop, the clergyman is assigned to the staff of the parish. Additional documents it is not necessary to compile in the parish.
The legal status of a clergyman in a parish is determined by ecclesiastical law. In this case, the functions of clergy are, first of all, in serving God. Therefore, it is incorrect to say that they work. They serve, and the parish contains them.
Maintenance is paid from the date of enrollment in the state until the moment of dismissal. In this case, the accounting is not working time, but the time spent on the maintenance. If a clergyman is granted leave by the decree of the diocesan bishop, then, provided that otherwise is not provided for by the charter or the decision of the parish meeting, he will be paid the amount of general order as he continues to be a member of the ward staff.
All of the above regarding clergy fully applies to clergymen.
As an exception, registration of clergy is possible on the basis of civil contracts, for example clergy service agreement... Then the corresponding decree of the diocesan bishop should be considered as administrative document, on the basis of which the parish concludes or terminates the contract (this must be noted in the decree).
Such an agreement, among other things, should contain provisions on the observance of church canons by a clergyman, the possibility of concluding and terminating an agreement on the basis of a decree of the diocesan bishop, the duties and rights of the clergyman and the parish, etc.
Such agreements can also be concluded with clergy. If a contract for the performance of services is concluded with a clergyman or clergyman, then from time to time, as a rule, on a monthly basis, acts of acceptance and transfer of the services provided must be drawn up, which will be the grounds for paying for the services.
Conflicts arising in the course of the implementation of such agreements can be the subject of consideration in a district (city) court, in contrast to conflicts under agreements concluded only on the basis of the norms of church law.
Registration of members of the parish council
The supreme governing body of the parish is parish meeting, the composition of which is determined in the charter of the parish. For the operational leadership of the parish, as a rule for three years, the assembly elects parish council consisting of the chairman, his assistant and the treasurer (chief accountant). The decision of the meeting is formalized in a protocol, which is approved by the diocesan bishop. The approval takes place by issuing a corresponding decree. At the same time, labor legislation does not apply to members of the parish council. Their powers, rights and obligations follow from the fact of their election and the charter of the parish. If the charter or the decision of the parish meeting provides for the payment of maintenance to the named workers, they will receive it in the same manner as clergymen and clergymen. In this case, the date of enrollment in the state is the date specified in the minutes of the meeting or in the decree of the diocesan bishop.
In practice, members of the parish council are quite often additionally formalized under employment contracts. In this case, they are subject to the norms of labor legislation. However, in order to formalize the members of the parish council on labor contracts in the charter or the decision of the parish meeting formalized in the minutes, it should be noted that such and such workers are accepted by drawing up a fixed-term employment contract, with the extension of labor legislation to them. Without such grounds, the concluded employment contracts are considered invalid.
If the head of the parish council is elected (or appointed by the decree of the diocesan bishop) the rector of the parish - the priest who manages the clergy and life of the parish, he performs (combines) two functions in the parish - priest and leader(according to civil relations the chairman of the parish council is the head of the parish - a religious organization that has the status of a legal entity). Thus, as a priest (rector), he is formalized by the decree of the diocesan bishop, and as a leader - by the minutes of the meeting or by the decree of the diocesan bishop. Moreover, as a manager, he can work under an employment contract, and the labor legislation will apply to him.
Registration of employees hired on the terms of an employment contract
With regard to employees hired on the terms of an employment contract, Articles 25, 26 of Law No. 987 determine that:
an employment contract with them is concluded in writing;
such an agreement is registered in the prescribed manner;
workers can be union members;
employees are subject to labor legislation.
The proliferation of labor legislation means that the employee must obey the internal labor regulations; he is paid wage, which must not be lower than the statutory minimum level; the employee has the right to vacation in the amount of not less than the established duration; the duration of his working time should not exceed the established norm of hours, etc.
Registration of employees is carried out in two stages:
a written employment contract is concluded (by signing it by the employee and the chairman of the parish council). Such an employment contract does not contain any specific features and is drawn up in accordance with the generally established procedure ( Annex 1);
an order (order) is issued on hiring ( Appendix 2).
A work book is kept for employees in accordance with the established procedure, and the amount of time worked is recorded in the timesheets.
When applying for a job, an entry in the work book is made in accordance with the generally established procedure ( Appendix 3).
Religiyna community of the All-Saints Church of the UOC m. Poltavi ( far- Gromada), in an individual head paraphially for the sake of Boyk A.P., who is on the submission of the Statute, from one side, that Panina Olga Petrivna ( far- Pratsivnik), the other side ( far- Parties), have laid down the Agreement on the following:
Pratsivnik to be assigned to the staff list of the Community I will put an accountant.
1. Headquarters
1.1. It is obvious from the Agreement that the Employee of Gobies is self-employed, it’s supposed to be given to the robot in accordance with the Agreement, following the Internal Labor Regulations, and the Community of Gobies is not obliged to pay for their own earnings.
1.2. Tsey Contract є a stringless labor contract. On the submission of the Agreement, there are works of legal documents between Pratsivnik and Gromada.
1.3. The clerk is ordered to be seperately Heads in the boundaries, by virtue of the official legislation of Ukraine, local normative acts of the Community and the Treaty.
2. Terms of the parties
2.1. The bulk of goiters is tied:
2.1.1. The creation of the Pratsivnikov must be made up of all the necessary ideas for the proper presentation of his own obligations to him.
2.1.2. Oznajomiti Pratsivnika z Rules of internal labor order.
2.1.3. Often that in the general community pay the salary to Pratsivnikov according to the agreement.
2.1.4. Vikonuvati are the attributions transferred by labor legislation.
2.2. Proceedings of goiters:
2.2.1. Particularly, the endorsed by this robot is well-known with the proper rank, the hardened posadovyu instructions and the minds of the Treaty.
2.2.2. Precisely and in a timely manner all the ordering of the head of the Community.
2.2.3. Dotrimuvatisya of the Internal Labor Order Rules.
2.2.4. Dotrimuvatisya confidentiality of minds to the Agreement, not to discredit the commerce and confidentiality of the community.
2.2.5 Vikonuvati are attributions transferred by labor legislation.
3. Payment for work
3.1. For vikonannya ob'yazkiv, transferred by the Agreement, Pratsivnikov will be paid a salary (salary) at the rate of 900 UAH.
3.2. In case of an increase in the size of the minimum salary, pay a proportional increase in the size of the salary (salary) of the Employee, specified in clause 3.1.
4. Working hour and hour depending on
4.1. The worker for the hour of working out of his work functions of the goiters before the work of the rules of the internal labor order of the Community, in which the hour is assigned to the ear and the end of the robot, the hour to the end is too thin.
4.2. In some cases, Pratsivnik can go to fake robots, as well as to rob them at Christmas time and vicious days in order and with compensations transferred by legislation.
4.3. Pratsivnikov should be paid for the allowance for 24 (twenty chotiri) calendar days. The release of the Pratsivnikov will be based on the graph of waste that is on the minds of the official legislation of Ukraine.
5.Inshi to the Treaty
5.1. Contract typing from the moment of your signature.
5.2. Tsey Contract є I will send you for seeing the order about the adoption of the robot by Pratsivnik.
5.3. In the case of a non-compliance with an unreliable decision of the minds of the Treaty of Wine, the Party does not accept the opinion that has been transferred by the ruling legislation of Ukraine.
5.4. The whole Agreement can be made with additions or changes in the order established by the official legislation of Ukraine for the mutual benefit of the parties.
5.5. For vipadkas, not regulated by the Agreement, the Parties cherish the meritorious labor legislation of Ukraine.
5.6. The whole Agreement has been put together by the Ukrainian language in two examples - one for the skin side, - which may be the same legal force.
6. Addresses and signatures of Storin
About taking on a robot
Paninoi O. P.
PANINA Olga Petrivna has been accepted from the 12th of June 2006 for a post-job as an accountant with a salary of 700 UAH.
Publishing house: labor contract No. 12 on 12.12.2006.
The article is provided to our portal
editorial office
President of Russia V.V. Putin signed the Federal Law of the Russian Federation of June 7, 2013 No. 119-FZ "On Amendments to Articles 4 and 24 of the Federal Law" On Freedom of Conscience and on Religious Associations "". O new edition law in an interview with the portal "Parishes" said the head Legal Service Nun Xenia (Chernega) of the Moscow Patriarchate.
- The changes that have been made, at first glance, are small. Thus, in one of the paragraphs of clause 5 of Article 4: the words "to their own regulations" are replaced by the words "corresponding to the conditions and requirements and in the manner prescribed by their internal regulations." In the new edition, it sounds like this:
"In accordance with constitutional principle separation of religious associations from the state religious association:
creates and carries out its activities in accordance with its own hierarchical and institutional structure, selects, appoints and replaces its personnel in accordance with its own regulations, relevant conditions and requirements and in the manner prescribed by its internal regulations ... "
How would you comment on this change in the text of the law?
- Appointment and replacement of clergy and other religious personnel (including regents, altar men, supporters, etc.) is carried out in the manner prescribed by the internal regulations of the Church, including the statutes of the canonical divisions. For example, the charter of a parish sets out the procedure for the appointment and replacement of a parish priest.
State (including labor) legislation cannot establish any rules for the election, appointment and replacement of clergy and other religious personnel of religious organizations.
- Clause 1 of Article 24 read: "Religious organizations, in accordance with their charters, have the right to conclude labor agreements (contracts) with workers." Now it is stated as follows: “Religious organizations, in cases stipulated by their charters, conclude labor contracts with workers” ...
- Labor contracts with employees are concluded only in cases stipulated by the charters of religious organizations. The statutes of dioceses, parishes, monasteries and farmsteads of the Russian Orthodox Church do not provide for cases of concluding labor contracts with clergy. Therefore, dioceses, monasteries, parishes, farmsteads, as well as other canonical subdivisions of the Church do not and should not continue to conclude labor contracts with clergy (including abbots, clergy, deacons).
At the same time, clergymen have the necessary social guarantees. According to paragraph 4 of Article 24 of the Law, as well as the statutes of the canonical divisions of the Church, clergymen, along with employees, are subject to social security, social insurance and pension benefits in accordance with the legislation of the Russian Federation.
- In the text of the law, in cases where it was said about labor relations in religious organizations, both labor contracts and contracts were mentioned. Now the word "contract" is excluded from it. What is the reason for this?
- The term "labor contract" is outdated and is not used in the current edition of the Labor Code of the Russian Federation. Therefore, this term has been excluded from the text of the Law on Freedom of Conscience.
At the same time, labor contracts concluded before the entry into force of the law remain in force.
- What other changes did the legislators make?
- Article 24 is supplemented by a new clause 5, according to which religious organizations have the right, in accordance with internal regulations, to establish:
- the conditions for the activities of clergy and religious personnel (that is, in particular, the grounds for their appointment, replacement, responsibility to the hierarchy),
- requirements for clergy and religious personnel, including in terms of religious education (that is, in particular, requirements for the educational qualification of clergy (religious personnel), requirements for candidates for clergy and religious personnel, rules of their conduct.
In the Church, such conditions and requirements are established centrally in accordance with church canons at the level of the Holy Synod, headed by the Patriarch and other governing bodies of the Church.
State legislation and government bodies cannot establish the conditions for the activities of priests and religious personnel, as well as requirements for them, including in terms of religious education.
I work for an Orthodox religious organization as an accountant. According to the law, an employment contract with a priest is not concluded. Should a priest have a work record?
The complexity of this issue lies in the fact that labor relations in religious organizations, including with priests, are regulated not only by the norms of the legislation of the Russian Federation, but also by the norms of church law.
Labor relations in religious organizations
According to Art. 8 of the Federal Law of 26.09.97 No. 125-FZ (as amended on 23.07.2008) "On freedom of conscience and on religious associations" (hereinafter - the Law
No. 125-FZ), a religious organization is a voluntary association of citizens of the Russian Federation and other persons permanently and legally residing in Russia, formed for the purpose of joint confession and dissemination of faith and registered as a legal entity in the manner prescribed by law.
Labor relations between a religious organization - an employer and citizens-workers are governed by Art. 24 of Law No. 125-FZ and Chapter 54 of the Labor Code of the Russian Federation.
Article 24 of Law No. 125-FZ provides that religious organizations, in accordance with their charters, have the right to conclude labor agreements (contracts) with employees.
The rights and obligations of the parties to an employment contract are determined in it, taking into account the specifics provided for by the internal regulations of the religious organization, which should not contradict the Constitution of the Russian Federation, the Labor Code of the Russian Federation and other federal laws (Article 343 of the Labor Code of the Russian Federation).
When concluding an employment contract with a religious organization, the employee undertakes to perform any work not prohibited by the Labor Code of the Russian Federation or other federal law, enshrined in this contract.
According to the Labor Code of the Russian Federation, a religious organization, as an employer, has the right to conclude an employment contract with an employee for a specified period, to enter into the contract additional conditions for terminating the contract and to take into account in the contract the circumstances provided for by the internal regulations of the religious organization (Articles 343-347 of the Labor Code of the Russian Federation).
Citizens working in religious organizations under labor agreements (contracts) are subject to the legislation of the Russian Federation on labor (clause 3 of article 24 of Law No. 125-FZ).
Employees of religious organizations, as well as clergy, are subject to social security, social insurance and pension benefits in accordance with the legislation of the Russian Federation (clause 4 of article 24 of Law No. 125-FZ).
By letter FFOMS of Russia from 30.08.2000 No. 4081 / 30-3 / and "On medical insurance of workers of religious organizations" it is provided that compulsory medical insurance of citizens working in religious organizations living in the territory religious buildings as well as clergymen should be exercised on an equal basis with other citizens.
An analysis of these norms shows that the legislation of the Russian Federation does not distinguish between labor rights clergymen and other persons working in religious organizations under labor contracts.
Moreover, All-Russian classifier classes OK 01093 (OKZ), approved by the decree of the Gosstandart of Russia from 30.12.93 No. 298, calls the activity of a priest a profession included in the group 2460 "Religious figures". Meanwhile, a specific answer to the question of whether the formalization of labor relations with priests has its own specifics, neither in Labor Code RF, nor in Law No. 125-FZ.
Church law on "labor" relations with priests
According to the Charter of the Russian Orthodox Church, adopted by the Council of Bishops of the Russian Orthodox Church on August 14-16, 2000, the election and appointment of clergy and clergymen belongs to the diocesan bishop (Chapter 11, Clause 23 of the Charter).
To be ordained a priest, you must:
be a member of the Russian Orthodox Church;
be of legal age;
have the necessary moral qualities;
have sufficient theological training;
have a confessor's certificate that there are no canonical obstacles to ordination;
not be under a church or civil court;
take the church oath (Chapter 11, Clause 24 of the Charter of the Russian Orthodox Church).
The priest can be moved and dismissed from his place by the diocesan bishop by personal request, by a church court or by church expediency (Chapter 11, Clause 24 of the ROC Statute).
The duties of a priest are determined by the canons and orders of the diocesan bishop or rector (Chapter 11, Clause 26 of the ROC Statute).
As follows from the letter of the Administrative Department of the Moscow Patriarchate dated 11.03.98 No. 1086, in the institutions of the ROC, labor contracts with clergy are not concluded.
A similar statement was contained in the Address Holy Patriarch Alexia to the participants of the annual Diocesan meeting of Moscow on March 25, 2003: “Labor contracts are not concluded with clergymen and monasteries. The position of the clergy of the Church is determined by the canonical regulations of church organizations. Labor contracts are not drawn up for those persons who voluntarily, without payment, by donating their labor, help the parish, courtyard, monastery. "
Thus, from the point of view of ecclesiastical law, clergy (priests, deacons) are not included in the number of hired workers.
Looking for a compromise
In paragraph 2 of Art. 15 of Law No. 125-FZ stipulates that the state respects the internal regulations of religious organizations, if these regulations do not contradict the legislation of the Russian Federation. It is on the basis of this provision Law No. 125-FZ, some authors claim that the norms of church law infringe on the rights of priests. However, one should not forget that Art. 24 of Law No. 125-FZ stipulates the right, not the obligation, of religious organizations to conclude labor contracts. In our opinion, the norms of church law that labor contracts are not concluded with priests can be based on this norm.
Since ministry to the Church is not the performance of a labor function for pay, work book the parish priest does not need to register. The parish brings in the unified social tax for the priest, service is counted in the length of service. It is confirmed by the decree of a superior clergyman - the diocesan bishop, who has the right to elect and appoint clergy in accordance with the Charter of the Russian Orthodox Church.