- firstly, “hired employee” as the only one in the conditions commodity production legal form in which an individual can enter into labor Relations with a legal entity, thereby becoming a participant (in fact, an “integral part” of this legal entity), but at the same time not becoming an “employee” in social terms, but being an economic partner.
In modern economic conditions, when social forms of labor dominate, a member of society can fulfill his objective need to earn money in almost only one form - in the form of hiring, i.e. participation in the creation and activities of a legal entity. All participants of commercial legal entities, including an entrepreneur or CEO, are legally “employees”, while being economic partners in their economic status;
- secondly, this is a certain category of members of society who receive payment for their work not from sources generated by the same work that they perform, but from other sources that do not depend on hired workers. In this case, they are “hired employees” even in the case where formally there is no such “hiring”. Entering into an employment relationship with legal entity, participation in the formation of the legal entity itself and the formation of revenue from an “employee” as a social category is not required. The “employer” has his own money to pay for the employee’s labor services.
“Participants” of commercial legal entities, who formed them and entered into labor relations with them, are “hired employees” in terms of the legal status of the employment process, but at the same time are not “hired employees” in terms of their social status. Creating a funding source production activities legal entity, investment process and payment for their labor, they are “economic partners”.
The absence of a commercial component in the activities of a non-profit legal entity and the nature of the remuneration of its participants do not provide grounds for considering them as “hired employees” in the social understanding of this definition:
- a non-profit legal entity is formed, like a commercial one, by all its participants, to whom it belongs: each participant - its human capital, which is part of the total human capital of the non-profit legal entity;
- the property of non-profit legal entities with the status of “state” is the common joint property of all members of the company and is formed by all members of the company, including the participants of non-profit legal entities themselves;
- participants of non-profit legal entities, being taxpayers, also take part in financing the activities of non-profit legal entities.
“Participants” of non-profit legal entities, who formed them and entered into labor relations with them, are “hired employees” only in terms of the legal status of the employment process, but at the same time, in terms of their social status, they are not “hired employees”. Participants in non-profit legal entities, being subjects of taxation, also to a certain extent participate in creating a source of payment for their labor and financing the activities of the legal entity. They are also “economic partners”, although legal status their partnership differs from the legal status of the participants in a commercial legal entity.
The category of employee still exists today. Moreover, the differences between an employee and an economic partner are very large, especially in legal terms. But the legal violations committed by the legislative bodies in relation to the participants practically equated economic partners with employees. In addition, it is not the legal status that serves as the basis for the social status of a member of society, but the objective social status of a member of society, determined by the origin of the source of payment for his work, is the basis for determining his legal status.
Participant labor activity can be considered an employee only when he, through his work, creates objective grounds for his remuneration, but does not create a source for such remuneration.
Examples: a gardener, a tutor, a nanny, a construction team renovating an apartment, perhaps a participant in a legal entity who has specifically stipulated in his employment contract his right to wages regardless of the activities of the legal entity.
Another private/individual or organization (legal entity, private or public). Wage workers first appeared as a special class at the end of medieval period during the industrial revolution, which affected the Netherlands from the seventeenth century, and Russian Empire since the nineteenth century.
Theory and practice
By the beginning of the twentieth century, after the formal abolition of slavery, wage workers became one of the two main socio-economic classes of the capitalist formation. In classical theory, wage workers for the most part belonged to a large but poor class, formerly consisting of slaves and/or dependent peasants, which was deprived of the means of production and was therefore forced to sell their labor power to the capitalist magnates, at the same time subject to various forms exploitation by the latter. As the capitalist formation spread, especially after the abolition of serfdom, in rural areas, the majority of landless peasants, who became personally free, actually turned into hired laborers working for kulaks or former landowners. In practice, already at the end of the 19th century, a rather amorphous class of burghers, close in meaning to the modern middle class, appeared or already existed.
Modern labor relations
An employment contract is usually concluded between the person hired to perform the work (hired worker) and the employer.
The following may act as an employer:
1.state enterprises and organizations 2.non-state (commercial and non-profit) enterprises and organizations 3.individual entrepreneurs
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Employee is a social term. It is studied in two semantic aspects. Let us further consider what employees are.
Definition
First of all, in the conditions of commodity-production relations, there is one form in which an individual can enter into professional interactions with an organization. At the same time, it becomes a participant, " constituent element"enterprises. In modern conditions the subject can realize his objective need to receive cash income practically in one form - as an employee. This means that, to one degree or another, he takes part in the creation and operation of the enterprise. Legally, all members of the team belong to the category in question. According to their economic situation, they all act as partners. An employee is also a member of a certain category of society who receives income for his activities from sources not generated through the operations performed by him. IN in this case he does not need to enter into a relationship with a legal entity to participate in the process of formation and operation of the enterprise. In addition, there is no need to generate revenue for the organization. The company has its own money at its disposal, from which it hires employees.
Nuances
A person participating in the formation of a legal entity and entering into professional relations with it is legally considered as hired worker. This, however, does not mean that it is such in its social status. By forming a source of financing for the organization’s activities, the investment process, and securing one’s salary, the employee acts as an economic partner.
Non-profit structures
The functioning of such a legal entity, the creation of a fund of funds for accruing salaries to its participants, is carried out, as one can imagine, with funds from external sources. This allows subjects to be considered as employees. However, this is a misconception. A non-profit enterprise, like a commercial enterprise, is formed by all the participants who own it. Each member of society has his own speaker as part of the total resource of the legal entity. The property of the organization is the property of all participants. Acting as taxpayers, they contribute to the financing of the activities of a non-profit organization.
conclusions
Participants in non-profit societies who formed them and entered into partnerships with them are considered employees according to their legal status within the framework of employment. However, they do not belong to the category under consideration in social terms. By forming a source of financing for the organization’s activities, a fund from which their remuneration is transferred, they are considered economic partners.
Modern realities
Currently, there are entrepreneurs who have employees. At the same time, the differences between the subjects that are involved in the activities of organizations and economic partners are quite significant. They are especially clear in legal terms. However, legal shortcomings made by the legislator in regulating interactions almost made these categories equal. Moreover, non-legal status acts as a justification for the social status of a citizen. On the contrary, his objective place in society, which is determined by the nature of the source of the remuneration he receives for his professional activities, acts as a basis for obtaining certain legal opportunities.
Examples
Participants in labor activities can be considered employees only if they, through their own actions, form objective grounds for receiving remuneration. At the same time, they do not create any sources from which these funds will be withdrawn. For example, a tutor, a nanny, a gardener, a finishing team. In some cases, the employee will be a member of a legal entity, who specifically stipulates in his contract the right to payment for his work, regardless of the functioning of the organization.
NK
If an individual entrepreneur attracts for labor of hired workers, then he will incur additional costs. They primarily include remuneration costs. In addition, the legislation provides for certain contributions to various funds and the budget. The first is personal income tax. Its amount is withheld from the citizen’s salary in the amount of 13% of the remuneration. By concluding, the head of the enterprise acquires a special status. He becomes a kind of intermediary between the citizen and the budget. In accordance with the Tax Code, the employer becomes a tax agent. He is obliged to calculate, withhold and transfer the amount of personal income tax to the budget. In addition, the law establishes contributions to:
Explanations
In fact, personal income tax is not transferred from the entrepreneur’s pocket, but is deducted from the employee’s salary. As for contributions to various funds, they are those additional costs that are inevitable when attracting citizens to perform certain production tasks. Meanwhile, the Tax Code provides for certain relaxations for individual entrepreneurs. So. Reduced rates can be used by entities using the simplified tax system. In addition, in 2016, for the transfer of insurance amounts for employees to the Pension Fund of the Russian Federation, maximum size salary per year. It amounts to 71 thousand rubles. If the remuneration exceeds this amount, then the individual entrepreneur pays only 10% of the resulting difference.
Basic rights of employees
The citizen involved in the implementation professional activity at the enterprise, receives a number of opportunities. In particular, he has the right to:
Responsibilities
An employee must:
If a situation arises in which there is a threat to the life/health of colleagues or the property of the organization, the employee must immediately notify his immediate superior or the head of the company.
Relationships with foreigners
Legislation requires citizens arriving from other states to have special documents to get a job. If the subject arrived on a visa, then the required paper will be a permit. For persons arriving without visas, the required document is a patent. It came into force on January 1. 2015 Currently, only those foreigners who provide assistance in certain areas of life not related to entrepreneurship receive a patent. If a citizen wants to get a job at an enterprise, he will need permission. Currently, the legislation provides for the possibility of concluding a fixed-term, unlimited-term employment contract with foreigners. The first one is allowed to be issued in cases established by Article 59 of the Labor Code. In particular, fixed-term contract is concluded if the period for which the citizen is involved is no more than 2 months, if the subject replaces the head or his deputy and in a number of other situations. In all other cases, it is drawn up
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Hired workers only support the struggle of the peasants against the feudal owners and serfdom - this is not at all like what Mr. Rakitnikov wants.
Quite a few of them, as we have seen, exploit hired workers. The average peasant is a petty bourgeois, oscillating between the proletariat and the bourgeoisie.
Among wage workers, kenshchinas generally make up a smaller share than among family workers.
Mr. Rakitnikov imposes support for the economy of the petty bourgeois on the class of hired workers.
The relationship between hired workers and the owner is built only on the basis of contracts and, we emphasize once again, the current legislation. And the legislation, for example, requires that an employee of a private enterprise be subject to social and health insurance to the same extent as the employee state enterprise. A small private rental or cooperative enterprise has the right, at its own discretion, at its own expense, to introduce additional benefits for social security and social protection of its employees - depending on rising prices, for example, commodity shortages and other troubles. This circumstance is very important. And you don’t have to delay, don’t wait, but simply exercise your rights.
The class of hired workers, which arose in the second half of the 14th century, constituted then and in the next century only a very insignificant part of the population] its position found strong support in the independent peasant economy in the countryside and the guild organization in the cities. Both in the countryside and in the cities, employers and workers stood socially close to each other. Variable element capital greatly prevailed over its constant element.
The class of wage laborers, which arose in the second half of the fourteenth century, constituted then and in the next century only a very insignificant part of the population; his position found strong support in his independent peasant farm in the village and workshop organization in the cities. Both in the countryside and in the city, employers and workers stood socially close to each other. The variable element of capital greatly prevailed over its constant element. As a consequence, the demand for wage labor increased rapidly with the accumulation of capital, and the supply of wage labor only slowly followed demand. A significant part of the national product, which later turned into a capital accumulation fund, at that time was still included in the worker’s consumption fund.
The exploitation of wage workers serves as the basis for the class solidarity of the industrial and commercial bourgeoisie.
The new value created by hired workers breaks down into the equivalent value of labor power and surplus value.
Entrepreneurs and hired workers are equal in personality. The worker, although his income is certainly less than that of the entrepreneur, still works rationally and systematically, being as much an instrument of God in his professional asceticism as his master. On the other hand, Protestant ethics decisively breaks with the traditional moral condemnation of entrepreneurship: money acquired by honest, rational entrepreneurship serves as a sign of God’s blessing on righteous labors and is therefore worthy of respect. Moreover, an entrepreneur provides work to other people - in essence, provides them with the opportunity to fulfill their duty to God - and this is also a very useful and good thing.
