Guarantees are means, methods, and conditions by which the granting of rights in the field of social and labor relations to workers is carried out.
Compensations are monetary payments intended to reimburse the costs associated with the performance of labor duties by the employee.
In addition to general guarantees and compensations (guarantees upon hiring, transfer to another job, remuneration, etc.), employees are provided with guarantees and compensations in the following cases:
- Going on business trips.
- When moving to work in a different location.
- Due to performance of state or public duties.
- Combining work with education.
- Forced termination of work through no fault of the employee.
- In the case of the provision of paid annual leave.
- Termination of the employment contract.
- Due to a delay in the issuance of a work record book through the fault of the employer.
- In the event of the employee’s transfer to another job with lower pay.
- Temporary absence from work.
- In the event of an industrial accident or occupational disease.
- Referral for a medical examination or medical check-up.
- In the event of an employee donating blood or blood components.
- When an employer sends an employee for vocational training, additional vocational training, or an independent qualification assessment.
Cash compensation:
In case of violation of the established deadlines for payment of wages or amounts due to the employee upon dismissal, the employer must pay compensation to the employee in the order and amount. Compensation is paid by the employer if the violation of the established deadlines for payment of wages or amounts due to the employee upon dismissal is not the fault of the employee, regardless of the actual availability of funds to the employer on the date of violation of these payment deadlines. Compensation is calculated and paid by the employer for each calendar day of violation of the established terms of payment of wages or amounts due to the employee on termination of employment, up to and including the day of payment. Compensation is determined based on the total amount of unpaid wages, including all types of payments due to the employee by the collective agreement, the agreement, the employment contract (agreement), or the local normative legal act of the organization. Compensation is paid simultaneously with the payment of all amounts due to the employee, based on which it is determined.
Payment of compensation and delayed wages in full does not relieve the employer from the obligation to pay current wages in the amounts and terms provided by the collective agreement, agreement, employment agreement (contract), or the local normative legal act of the organization.
If the employee receives higher education for the first time, and his university has state accreditation, the labor code establishes special guarantees for working students. These are additional leaves of duration:
- 15 days – for entrance exams;
- 15 days – for the exams in the preparatory courses;
- 40 days – for the first two courses, 50 days – for the following ones (for the session);
- No more than four months – for preparation of the diploma and passing the GEC.
During the entrance exams (the first two cases) the salary is not retained, in the second two cases, the employer pays the student during the time of absence in the number of average earnings. These measures also apply to correspondence students. Part-time students are allotted 15 days for a session, one month for state exams, and four months to prepare for a diploma.
Final year students, if the need arises, are allowed to shorten the work week by seven hours. In their free time, they will receive half of their average earnings. If this amount is below the minimum wage, they are entitled to additional payments to it.
If an employee is studying for a postgraduate or doctoral degree, they get 30 days of paid leave each year. Those who are to defend their thesis are entitled to longer breaks with pay: three months for candidates and six months for doctors of science.
What compensations pregnant women are entitled to:
The work of women with family responsibilities is regulated especially.
Protection from overtime (both at night, on weekends and holidays, and simply over time);
The possibility of lowered rates of work;
Work under more lenient working conditions;
Prohibition on business trips;
Annual leave before maternity leave, regardless of the length of work;
Insurance against dismissal without her consent (except for company liquidation or downsizing).
In addition, a pregnant woman has the opportunity to undergo compulsory examinations without loss of average earnings.
Compensation for termination of employment contract:
If a person loses his job due to downsizing or liquidation of a company, he is paid the average monthly wage immediately and the same amount while he is looking for a new job. The dismissed person will receive two weeks’ pay if:
- He was medically offered a transfer to another position, but refused;
- The employee was illegally dismissed and reinstated by court order;
- The terms and conditions of the employment contract were subject to change, and he did not accept the change;
- He or she was called up for military service.
If a layoff is coming, employees must be notified at least two months in advance and offered alternative positions. The advantage to keep the position belongs to more qualified and efficient employees. All other things being equal, they are more likely to stay:
- A person with children or other dependents;
- The sole breadwinner in the family;
- A disabled combat veteran;
- An employee with a work-related illness in that organization.
Conclusion:
Every employer must provide the best possible working conditions for its employees, as this is what determines the chances of odds of winning a workers’ comp case compensation case like paying benefits for temporary disability, identifying an occupational disease or injury at work, or maintaining average earnings and place of employment during certain periods.
Interesting Related Article: “Ask Questions Before Hiring a Worker’s Compensation Lawyer“