Can relatives be in the civil service? Joint work of relatives in one budgetary institution

Since January 24, 2016, the Law of 15.07.2015 No. 305-З "On Combating Corruption" (hereinafter referred to as the Law) is in force, in accordance with paragraph 5 of Art. 47 of which the first part of Art. 27 of the Labor Code is set out in a new edition: for persons who are in close relationship and property, restrictions on joint work are provided. However, they concern only some positions in the same organization or its separate subdivision (part 1 of article 27 of the Labor Code, part 2 of article 18 of the Law).

Prohibition of Joint Work: Labor Code

Part of the second art. 18 of the Law prohibits joint work in the same state organization (separate subdivision) for the positions of the head (his deputies), chief accountant (his deputies) and cashier of spouses, close relatives or in-laws, if their work is related to direct subordination or control one of them to the other.

A similar rule is duplicated in the first part of Art. 27 of the Labor Code and contains an exhaustive list of positions, work in which is prohibited to persons who are closely related to each other or property.

Based on the above legal norms, the prohibition on joint work applies to:

the head (his deputies) of the state organization (separate subdivision);
chief accountant (his deputies);
cashier.

From the analysis of the first part of Art. 27 of the Labor Code it follows that the prohibition on the joint work of close relatives and in-laws is applied under the simultaneous presence of the following conditions:

condition 1: joint work is carried out in the same state organization (separate subdivision);

condition 2: joint work is carried out in specific positions (head (his deputies), chief accountant (his deputies) and cashier);

condition 3: joint work is associated with the direct subordination or control of one of them to the other.

In addition, the prohibition on joint work applies if the work is performed part-time or is of a temporary nature (for example, replacement of a sick employee (part 1 of article 27, part 3 of article 348 of the Labor Code)).

For example, the deputy head of the organization and the chief accountant are spouses. Both are directly subordinate to the head of the organization. In the event that the duties of the head for the period of his vacation or illness are assigned to his deputy, a situation will arise that is contrary to the Law. Since, albeit temporarily, one of the spouses will be directly subordinate to the other.

Thus, if close relatives hold the positions of a manager, chief accountant, their deputies, cashier in an organization and their work is associated with direct subordination or control of one to another, then this is a violation of the law that must be eliminated.

In addition, the prohibition on joint work also applies to persons engaged in joint work who are closely related or related to each other (for example, parents, children, adoptive parents (adoptive parents), adopted children, siblings, grandfather, grandmother). , grandchildren, spouses and the same relatives of the spouse).

This prohibition is established by the first part of Art. 27 of the Labor Code and applies to persons who are closely related to each other or property.

So, on the basis of the norms of the first part of Art. 27 of the Labor Code, it can be concluded that the joint work of close relatives or in-laws in the same state organization (separate subdivision) is allowed if only one of them holds the position provided for in this article.

Prohibiting Collaboration: Practical Examples

In one of the districts in two institutions preschool education in the positions of managers and managers of the household are persons who are related: in one case - a daughter and a mother, in the other - a daughter and a father. The supervisory authority pointed out the illegality of this situation and the need to dismiss the managers of the farm.
In this situation, there is no violation of the norm of the first part of Art. 27 of the Labor Code, since the position of the head of the economy does not fall under the condition of restrictions established by the legislation on combating corruption and on labor.

It should be noted that the concepts of "subordination", "controllability" are not disclosed either in anti-corruption legislation or in labor legislation.

At the same time, subordination can be viewed as such a relationship between an employee and a manager in which the latter has the right to issue orders (orders), give instructions and demand their execution, and the employee, in turn, is obliged to execute them.

Accountability is the relationship between a performer performing certain duties and a person to whom this performer is accountable in a certain direction or in general for work.

Immediacy means that subordination and control between persons is direct, i.e. between the manager (person in control) and the employee there is no other manager (person exercising control), in whose subordination the employee is.

Thus, in the absence of direct subordination or control, the prohibition provided for in part one of Art. 27 TC, not applicable.

Subordination (controllability) for close relatives and in-laws is determined by job descriptions and other documents regulating the rights, obligations and relationships of employees.

Violation of the prohibition concerning the joint work of close relatives or in-laws is possible in two cases:

when applying for a job;
during the period of labor relations.

Of course, such violations of anti-corruption and labor legislation entail legal consequences, usually in the form of dismissal.

The head of a state organization married the chief accountant of the organization.
Since the restrictions on joint work in the same state organization, established by part one of Art. 27 of the Labor Code, arose during the period of labor relations, then such circumstances must be eliminated, for example, by:

transfer to another position of one of the employees;
dismissal under clause 7 of Art. 44 of the Labor Code (the emergence of restrictions established by law on engaging in certain types of activities that impede the continuation of work).

The norm of clause 7 of Art. 44 of the Labor Code means that when legislative acts establish any restrictions on engaging in certain types of activities that prevent the continuation of work under the concluded employment contract, the employment contract with the employee must be terminated.

Dismissal on this basis is not a dismissal at the initiative of the employer, in this regard, the procedure and conditions established by Art. 43 of the Labor Code, as well as the guarantees provided for in part three of Art. 268 of the Labor Code for pregnant women, women with children under the age of 3, single mothers with children aged 3 to 14 (disabled children under 18) are not applied. Consequently, on this basis, any category of employees is subject to dismissal (young specialists, pregnant women, employees on parental leave until they reach the age of 3 years, employees of pre-retirement age, etc.).

Upon dismissal of an employee in accordance with paragraph 7 of Art. 44 of the Labor Code, the payment of severance pay is not provided for by labor legislation.

An employee was hired in the organization for the position of deputy head, who, as it later turned out, is the sister of the head of the organization. Consequently, the requirements of the first part of Art. 27 TC were violated at the conclusion employment contract with the deputy head of a government organization.
In this situation, there is a violation of the established rules for hiring and the employee accepted in violation of them is subject to dismissal on the basis of paragraph 3 of Art. 44 TC.

Maria Kovalevich, lawyer

Can the head of a state budgetary healthcare institution accept his relatives to positions that are also in his direct subordination? In the current labor legislation, there is no norm prohibiting the joint work of relatives (including under the condition of direct subordination of one of these persons to another).

Can relatives work in the same organization 2019

The Ministry of Health asked the Russian Government to concretize the ban on the joint work of close relatives in institutions subordinate to the federal executive authorities.

Health Minister Veronika Skvortsova told reporters about it. “At that time this resolution was not agreed with us, and it was as unexpected for us as it was for everyone. (The Ministry) examined it in detail, we applied to the government with a letter….

Karaganda and Karaganda region news, Karaganda

School principals should not hire their relatives. Moreover, one cannot employ them as chief accountant, nor as a manager, nor as a watchman, nor as a cleaner.

The Department of Civil Service Affairs of the Karaganda region sees corruption risks in this.

The Department of Civil Service Affairs conducted an analysis of corruption risks in the education sector of Karaganda. It turned out that not everything is going well in our schools and kindergartens.

Close relatives may be prohibited from working in one state or municipal organization

It is proposed to oblige state and municipal organizations and their separate subdivisions to prevent the transfer of funds from such organizations to organizations whose heads (their deputies) or chief accountants are closely related to the heads (their deputies) or chief accountants of the organization transferring funds. At the same time, parents, spouses, children, brothers, sisters, grandfathers, grandmothers, grandchildren, as well as brothers, sisters, parents, grandfathers, grandmothers, children of spouses and the spouses of children are classified as close relatives.

Mego-Інфо - Legal Library No. 1

strict warning: Non-static method Pagination :: getInstance () should not be called statically in /home/povnator/public_html/mego.info/sites/all/modules/pagination/pagination.module on line 307. strict warning: Only variables should be assigned by reference in /home/povnator/public_html/mego.info/sites/all/modules/pagination/pagination.module on line 307. strict warning: Non-static method Pagination :: getInstance () should not be called statically in / home / povnator / public_html / mego.

3.) Is it possible to appoint to the position of the head of the contract service a person who has a certificate of advanced training five years ago, but practically did not engage in this work.

except for participation in the commission. 4.) Is it possible to create a procurement department (contract service department), the name of which is absent in the regulatory documents (qualification reference books, model provisions) of the Ministry of Labor?

Close and close

The government is preparing a decree that will lift the ban on nepotism in some budgetary organizations. Fathers and children will be able to do science, creativity, medicine and the like together.

At the same time, strict commissions will make sure that nepotism does not harm. The bill on this was developed by the Ministry of Labor and Social Protection.

It proposes to amend the decree of the government of the country, establishing some anti-corruption bans on officials and public sector employees.

State Assembly (Il Tumen) of the Republic of Sakha (Yakutia)

On January 16, 2015, State Duma deputies Sergei Mironov, Nikolai Levichev and Viktor Shudegov submitted to the country's parliament a bill on amendments to the Federal Law "On Combating Corruption".

The document establishes a ban on close relatives to work in the same state or municipal organization, if such work provides for their subordination.

Parliamentarians propose to ban joint work

"Individuals who are closely related or related to each other, if their work is related to the direct subordination or control of one of them to another"

Ministry of Labor wants to protect medical dynasties

The Ministry of Labor proposes to soften the "anti-corruption" ban on the work of close relatives in one state institution.

This relaxation will also affect doctors. The department believes that such a step will help protect professional dynasties. True, joint work will be allowed only in exceptional cases.

The Ministry of Labor has prepared amendments to the government decree No. 568 dated July 5, 2013

"On distribution to separate categories citizens of restrictions, prohibitions and obligations established by the Federal Law "On Combating Corruption"

and other federal laws to combat corruption ”.

Not every close person will become a valuable employee. Whether you have taken a relative under your wing or are a protégé yourself, you may face the following difficulties.

Limited communication with colleagues

It is unlikely that colleagues will be able to afford to speak freely about your relative, even if it really would be worth talking about him. They may well gossip about the bosses among themselves, and you certainly will not lose anything in this case, but few are able to tell you about the incompetence of your protégé. Sometimes even quite harmless remarks from your colleagues can be taken too personally and spoil the atmosphere within the team.

Excessive or understated requirements

You just don't want your relative to be treated lightly. It is reasonable. To make everyone understand that he is not an undercover slacker, you can assign a little more responsibilities, right? Colleagues will certainly appreciate it. But will your family member appreciate it? The opposite situation: you, knowing about a difficult period in the life of your protégé, or simply out of great love for him, entrust part of his duties to other employees. Or you do it yourself, sacrificing your own productivity.

Family and work conflict

Nagging from the boss? “Oh, he just has a sick child, lack of sleep or seasonal exacerbation of chronic ailments. He's such a picky person, I know, nothing serious. " Maybe you are really wrong? Where you could hush up with other employees, you will react harder: your own person will always understand. Conversely, release everything on the brakes when you should be more demanding.

Constant sudden shifts from business to family relationships

You go into the chief’s office, and your mother welcomes you there. Or exactly the opposite: in free time decided to stop by to chat over a cup of tea, and your relative switched the toggle switch to the working position. In both cases, some of you are wasting precious time, while others spoil the joy of a well-deserved break.

Inability to terminate the employment relationship amicably

Where a negligent subordinate can be deprived of a bonus, or even, you are forced to reconcile or ruin the relationship. Or you desperately want to change jobs, but it is simply impossible to stop now and look for a replacement for you. And you stay until the end of the project, then for another month, then there is a vacation ahead, a quarterly report, the end of the year. And even after the long-awaited dismissal, you may be reproached with them more than once.

Waiting for you to know about your boss's plans

Endless questions about bonuses, days off, the future of the company. If you know the answers, be prepared that someone will misunderstand them, and you will have to deal with the consequences. You don't know - well, you might always think that you are hiding something.

Automatic consent to any decision of your relative

In it you will be asked to tighten your belts and be patient. The discontent of the rest of the staff will be treated more leniently, but you should understand how bad everything is. Or, perhaps, you lack the determination to wind up a dubious project of a loved one, as a result, you will spend resources on activities of little use.

Biased professional assessments

When giving a position to a relative, professional qualities are often not considered. They are guided by the fact that this is a close person, which means that they automatically fall into the category of good ones. A job that does not seem difficult to you can be a very dubious boon for him. Responsibility for the work of a relative falls on you. For the same reason, you can wait indefinitely for any increase. Even as a flawless employee, you may seem like a dubious candidate to your relative simply because he knows more about you than your boss should.

Lack of financial airbag

In a situation where everything in the company is really worse than ever, all the relatives involved in its work at the same time find themselves without a livelihood. All such unpleasant situations immediately become the main topic of your family meetings, finally driving you into a hopeless dead end.

And yet, with obvious disadvantages, when deciding to work with a loved one, you need to proceed from a specific situation. Sometimes the difference between a grand-nephew admitted to a neighboring department and a spouse working in the same office is subtle. Depending on the nature of the work and relationships within the family, these situations can be both very successful and completely unacceptable.

HR manager

"There are many ways to make a career,
but the most faithful of them -
be born in the right family. "
Donald trump

« Relatives and friends in a single harness ”- this is the topic of our conversation today. Let's try to look at this situation from the point of view of a person whose duties include working with staff: how justified is hiring relatives already working employees, at what stages and in what situations is it most appropriate and useful for the organization?

Of course, everyone manager on staff, chief department cadres have their own stories about family relationships in collective, their experience in hiring employees who are relatives, brother-in-law and friends the director of the company, his deputies and other employees.

The largest number of "close" and "close" souls begin to work together at the stage of the formation of the organization. Many large and successful companies began their activities with the joint work of a group of acquaintances, relatives or former classmates and classmates, or even just "guys from our yard."

Ask any owner about how his business developed, and in most cases you will be able to hear a story about how “you started working together with a former classmate in the basement and turned computers on your knees”. Starting a new business, a person seeks support from close relatives, friends, acquaintances. At the stage of formation, when you need to declare yourself on the market, find your niche, become attractive to the consumer, only a single leap of people united by one goal allows you to make the business you start making profit. In case of successful activity, there is a natural expansion of the staff due to the involvement of hired workers. At the same time, in most cases, as a rule, key positions are occupied by relatives, relatives and friends, and employees play the role of only technical executors.

We can briefly describe the advantages of such an organization of work: it is a common goal and personal interest in the results of work; willingness to take risks, to irregular work, a small salary, with which not every employee will agree. In addition, it is easier for "friends" to find mutual language make decisions more confidently. In a company in which there is unconditional interchangeability, in which there are no long disputes over the clarification of specific responsibilities, the employee adaptation process is simplified.

The first problems begin with the enlargement of the organization.

Often, the qualifications of employees from among friends and relatives are not sufficient to run a full-fledged business (which was good for a “pocket” business, it can have a negative impact with increased volumes). At the same time, it is not always possible to timely replace the “weak link” with a hired employee of a higher qualification. The reason is obvious: it is very problematic to tell a person with whom "he has eaten more than one pound of salt" that he is not doing his job very well. And this, in addition to direct losses
(primarily financial), entails the emergence of various kinds of stories and anecdotes about the "stupid boss" and "undeveloped owners" of the company on the part of employees.

Another of the negative aspects of working together with loved ones is familiarity with the top management of the company. Of course, this kind of relationship is natural for people who have worked together for many years, but they negatively affect new employees as the staff expands. The desire to "be together" can begin to negatively affect work if employees begin to embody their desire for joint activities in the form of hours of tea drinking and smoke breaks. Most often this happens unconsciously, and the employees firmly believe that they are “burning at work”.

One of the most unpleasant aspects of the “family structure” is that as the number of staff increases, control over the “elders” weakens, and this, in turn, can lead to their unfair work. The consequences can be very different - it all depends on the position held and the powers that such an employee is endowed with.

I will give just a few examples.

For example, try implementing a time tracking system in an environment where half of your employees are old friends, relatives and acquaintances.

Let's take another situation that I had to observe in one of the Moscow production and trading companies. The system of interaction between the sales department and the warehouse was built exclusively on friendly trust: the managers themselves were engaged in the shipment and dispatch of goods to customers. The consequences of such unlimited credulity of the company's management resulted in losses - goods worth hundreds of thousands of rubles went to customers not through the company's cashier, but into the pocket of their “best friend”.

It should be noted that the benefits or harm caused by the joint work of loved ones may be different depending on what positions these employees hold, what their status in the company is. For example, a relative-friend-brother-in-law relationship will work well in blue-collar jobs, but will most likely cause problems in a boss-subordinate relationship.

I had a chance to communicate with a lady who was looking for a job as a chief accountant. Very nice woman and at the same time a highly qualified specialist. The interview went off with a bang, and I was already quietly rejoicing in my luck, but at the very last moment the accountant made a very interesting request: she, as it turns out, usually only works “in tandem” with her daughter, whom she plans to take as a second accountant. Naturally, we parted quietly. For some time I followed the fate of this family and, as far as I know, they were looking for work "in pairs" for about three months, and this is a very long period of job search for a specialist of such qualifications.

An interesting fact is that the smallest number of employees invited "by acquaintance" ends up in medium-sized companies. This, in my opinion, is facilitated by the reasons associated with the stability of the company, its position in the market and attractiveness for job seekers. We have already discussed the need to attract close acquaintances to joint activities at the stage of the formation of the company. When a company crosses the middle line, and the main goal is to expand its positions in the market, it becomes necessary to attract highly qualified specialists from outside. They are, more often than not, and turn out to be the most paid workers. At this point, the organization, as a rule, ceases to be interesting for close friends and relatives, since most often their qualifications to work in the most paid areas are not enough, and it becomes not very profitable for the owners to train employees in the workplace. A new round of unity “under one roof” occurs in case of successful business development. A large company is always a tidbit for many. This is where thoughts appear that “it would be nice to have a furry paw that would drag it to the coveted place”.

At the end of last year, I had to talk to the manager of one of the Moscow processing companies, who told me the story of his career. After working for several months and bringing several contracts to the line “the client transfers money tomorrow,” this young man was already rejoicing in his luck and planning what he could change in his life after receiving interest for the completed transaction (and the amount was about $ 30,000). And then, one fine morning, he discovered that he was suspended from negotiating, the documents were signed by another person. We will not go into all the details of this not very ethical story, let's just say that in the end the money remained "in the family", and did not go to the employee.

Be that as it may, stories of a different content are much more common, and the "winners" in them in most cases are savvy applicants and employees, leaving the business owners " headache»And the need to solve a wide variety of problems.

The first problem - fictitious experience, affixed in work books to wives, husbands, acquaintances and other people dear to us. Trying to help to a loved one, we automatically complicate the work of the HR department and, naturally, rejoice when the victory is ours, and our relative or friend is employed. But after all, someone's close ones can come to us. Knowing this, in order to avoid mistakes in the selection of an employee, you need to trust only your experience and professionalism.

The second problem - the possibility of mass exodus of employees. If we allow a certain number of employees who are related by family and friendly ties to work in the company, we must always be prepared for the possibility that they can leave our company at the same time, leaving us in the literal sense of the word “at a broken trough”, with the need urgent search for new people.

Problem three - substitution of leadership. This situation arises if several relatives or close friends work in one structural unit, and at the same time one of them is the head of this unit. In case of excessive trust in the subordinate or some softness of the head, it may turn out that a “lively” friend (relative, brother-in-law), and not a formally appointed employee, will actually take over the management of the unit. It is friendship and family relations that contribute to the development of this situation.

The fourth problem - "One for all and all for one". I faced this situation literally two weeks before the New Year. The management of a small supermarket, succumbing to the mood of the hall administrator (namely, the mood, and not specific facts), one day parted with some of the sellers and cashiers. It just so happened that the girls "did not like the administrator for a long time." At the same time, in a state of common unity, the management, together with the administrator, unconsciously pursued only one goal - the satisfaction of their own interests. In an effort to get rid of the unwanted, they forgot that the dismissal of employees should be carried out in strict accordance with the law, and violated more than one rule, did not think about the interests of the company, which a week before the "general vacation" was left without staff. As a result, the leadership was quite self-conscious and conducted educational work, and the whole burden of the current situation fell on the shoulders of the remaining workers, who were forced to work practically seven days a week. In the described case, the state of "general unity" somewhat corrected the goals of the department management in the direction of creating their own comfortable conditions, and not ensuring a clear and uninterrupted operation of the business entrusted to him. This is an extreme manifestation of "herd" feeling, but in less critical situations, the likelihood of making a wrong decision is high.

Probably, the enumeration of possible problems can be continued indefinitely, but in conclusion I would like to tell you about the most striking example of the joint work of relatives and close friends.

I think you will agree with me that there are professions in which the highest professionalism can be achieved with either talent or great experience. Many of you probably still remember the old Soviet films about the dynasties of shipbuilders, miners and craftsmen of other professions. Relations of the "teacher-student" type are at the same level in terms of usefulness and respect. In addition to all the positive that the experience accumulated by several generations of professionals brings, this kind of relationship can also bring considerable advertising and marketing benefits.

So, many years ago, at the very time when the concept “ private clinic”Was just a part of our life, I had a chance to get acquainted with the work of Moscow dental clinics. Only one of them had an atmosphere of “warm and friendly family atmosphere”. No one in the clinic hid the fact that most of the employees are graduates of one educational institution, some teachers. Bribing in the work of this clinic and the fact that they were not afraid to waste time and in detail, "with taste and a twinkle in their eyes" told each other about the most latest updates in the field of dentistry. And in the event that the client was capricious and obstinate, a council immediately gathered, and the doctors at this small production meeting managed to convince the client of the choice the best way or method of treatment. But the client processing did not end there. On the next visit, the attending physician managed to admire his colleague's earlier work so sweetly and in a family way that the client left “thrice satisfied”: with the service, the beauty of his own smile and himself. This is probably one of the most striking examples of when friendly and family relationships not only do not interfere with work, but also actively help the business to develop.

O.A. Shipilova,
psychologist

"If you want to lose a friend - give him money,
want to lose a relative -
call him to work. "
Folk wisdom

Like the eternal problem of fathers and children, the issue of family relations in a team always remains relevant and at least once made each of us think about it.

In Russia, according to expert estimates, in some sectors of small and medium-sized businesses, up to 80% of companies are family-owned. “Family teams” are also sufficient in large companies - where the possibility of replenishing the staff by hiring relatives and acquaintances is extremely high.

The HR manager is correct in arguing that the practice of working with friends and family has both advantages and disadvantages. Let's try to analyze them from a psychological point of view.

First and main distinctive feature joint activities of close people (especially close relatives - wife, husband, children) - this is the presence more trust... You, like many others, know that truly, without a doubt, you can only trust “yours”. From this side, family relations are a clear advantage, especially in the early stages of business development.

If we consider family relations in the framework of corporate culture, then like-mindedness, personal interest in the results of work and the absence (as a rule) of an orientation towards individual material gain explain the high level of devotion employees of the organization. And this indicator is directly proportional to the success of the activity and the success of the organization.

The next point is precisely that among the relatives working together there are more close personal ties, and this is logical. With a favorable family relationship, the interaction of relatives (or friends) within the team will have a tinge of “warm intimacy”. Understanding, sympathy, a desire to help are the second side of such relationships, which, first of all, will have a beneficial effect on family relationships, and, accordingly, on business. A common cause fosters cohesion. For example, it is very important for spouses to have common interests. Over time, when children become adults, a married couple may come to the conclusion that they are connected only by these interests and problems. Joint activity entails a variety of options for interaction, common tasks that need to be solved and experienced together, and such spouses have much more of them than those who live their working day apart. Therefore, in the case of positively colored marital relations, we can talk about their beneficial effect on the company's activities.

However, many still prefer not to confuse marriage with business. And maybe they are doing the right thing, since no one is immune from discussion by employees behind their backs intimate life guides, from gossip, for which sometimes you do not need a reason.

In general, the work of spouses in the same organization, and even more so in leadership positions, has many options for echoes of their closeness. Take this case. In one large organization, the CEO's wife was the HR manager. A real professional in her field, a competent worker, for some reason she recruited exclusively men, and those women who were nevertheless accepted and who were very few, for some reason were characterized by certain personal characteristics and external data. It is easy to guess that this behavior of the wife was explained by the desire to minimize the number of possible connections between the husband and attractive persons. It is clear that the bias in such recruitment can lead to the presence of incompetent workers. Another point that the manager demonstrated was every possible suppression of the promotion of female employees. The status approach to leadership, and thus the need for close interaction with her husband, was by no means in her plans.

It should be noted that if family relations are on the verge of breaking up, there is a high probability that the business will follow the same path: personal grievances, “quarrels in the kitchen” will certainly affect work. Unfortunately, I do not know of examples of how crisis personal relationships contributed to the development of business.

So, as soon as the family business begins to expand and acquires a hierarchical structure, it becomes more formalized, problems begin to arise with the distribution of rights and responsibilities. Therefore, if your company employs relatives, you need to make sure that the official relationship between them is formalized. The division of functions should be based on the strengths, capabilities and abilities of each. All rights, obligations and possible sanctions must be comprehensively discussed in advance and recorded on paper.

Among the disadvantages of working together with relatives and friends, it is also worth mentioning a decrease in responsibility and non-fixed distribution of duties among members of the "family group". If you didn't manage to submit the report on time, you can ask your brother from the same department to sit over him for a couple of hours, and next time you, in turn, will help him out. Friends can also always count on the fact that in case of dissatisfaction, "their" people will always "cover" them. How else? Another question is, how will this affect their personal relationships? ... Friendship is friendship, family is a family, but who is pleased to take the rap for another for a long time?

Another option is a family business. Time passes, the company develops and takes a step forward, the business becomes more complex and "grows" out of the family framework. As a result, it becomes necessary to add new employees to the team. but habit solve joint tasks in a related way becomes a brake on business development. People are not psychologically ready to accept "outsiders", and this can lead to irrational use and distribution of human resources.

I have already mentioned such a factor as incompetent workers... Children who are transferred into the hands of the family business, but who are not professionals in this type of activity, can in a short period ruin everything that was built and nurtured by their fathers for many years. Therefore, the issue of "succession" should be approached more seriously. The first and natural thought of the owner of the company, who is at the same time the leader, is to transfer business to a son or daughter. However, it would be an ill-considered decision to pass on "acquired by overwork" even to the most beloved, but unprepared, inexperienced "child". Therefore, children, as a rule, are prepared in advance for the transfer of the family business: they are placed in lower positions in the management apparatus and raised to deputy positions in the course of professional development. But all this is true only when the director is the owner of the company: the team is forced to accept the "heir" and take an active part in its preparation. If the manager is an "appointee", then such preparation "for the transfer of the crown" will be perceived by the collective unequivocally negatively and, first of all, by those employees who consider themselves as the next "king".

To the question of the employee's competence, it should be added that it is very important when hiring personnel to focus not only on personal sympathy for a relative or acquaintance. Do not allow the fact that one day your whole company will consist of those who are hired "out of the kindness of their hearts." Most likely, apart from personal and business problems, this option will bring you nothing. Even more difficult is the situation when among the owners - managers of the company there are less qualified people than hired workers. Try to avoid this beforehand.

It is important to remember that one of the types manipulation supervisor to subordinate is the use of personal relationships. It is clear that it is difficult for a relative to refuse, and one does not want to create tension in the relationship. But is the game worth the candle? The costs of working together with best friend or a son-in-law who is undoubtedly very good people, but do not obey you just because they feel close, very great.

The next psychological phenomenon that can manifest itself in the joint activities of relatives is creating a halo... Professional and personal qualities one employee can be transferred to another employee who is his relative or close person. The rating of the personality of the assessed and (or) his work is set on the basis of any characteristic feature, inherent in another person with whom the employee has family or friendship relations. Moreover, it is precisely this feature of the latter that is attributed to the person being assessed. For example, an employee is well versed in a particular field of activity, successfully implements a strategic program within this type of work, and is considered an excellent analyst. His brother comes to the same company, and from time to time he is “dumped” on tasks that require the same skills. This creates not only stress and dissatisfaction on the part of the employee, but also the likelihood of poor performance. Or, for example, the manager decided that the employee should be able to cope with a certain task just as quickly as his father, who has been working in the company for a long time and has established himself as a high-level specialist. If the expectations and abilities of such a relative differ, disappointment may occur in him, entail a lower assessment of his activities than it deserves in reality.

Surely those who have been in such a situation have heard at least once: "But your Sergei Vasilyevich always had time! ..." Advice to a leader who has to work with subordinates who are relatives: try not to resort to comparisons and hasty conclusions based on knowledge of one person. The temptation is especially great to “recoup” the relative of the offending employee. Try as objectively as possible to assess the behavior and activities of employees in such a situation.

In interconnected family and business relationships, people at work continue to tackle their personal problems, satisfy their needs, show their attitude, put personal assessments. At the same time, resources for such problems sometimes take much more than solving business issues. The formation of a whole "tangle" of special personal interactions, unsolved problems, does not highlight the emphasis in favor of effective activity. Personal relationships affect not only the employee relative, but other team members as well.

You can also talk about bringing business issues and problems into the family. The misunderstanding that arose on the basis of joint professional activity has a more pronounced backlash in the presence of family ties. Business qualities are assessed not so much on the basis of ideas about this person as a specialist of a specific orientation, but on the basis of a more complete understanding of the personality of this person, from a subjective attitude towards him.

If we talk about the motivation of activity, then it should be noted that the motivation for avoiding punishment and possible application sanctions are not often met, and even more rarely is the leader in "family" groups. More often they appear here achievement motivation the effective result of the company, the desire to meet the expectations (especially if the relative leader is an authority for the employee). The question of what kind of motivation for which employee is decisive is decided on an individual basis. However, it can be argued with confidence that internal motivation and internal control in a small and medium-sized family business for team members who have been working since the inception of the company are the main driving factors. With regard to external control, in the described situation, the employee, as a rule, is confident in the potential opportunity to correct or modify the report if the manager (his relative) is dissatisfied with the work. Another employee knows that his work will be evaluated only by results, his every step is an indicator of his competence, and he is more disciplined.

As already noted, there is usually no rigid discipline in the workplace in "family" teams. However, the downside is also possible: increased exactingness to "their" people from the authorities. The overestimated level of requirements is explained, in particular, by the desire of the manager to be objective in relation to a relative (friend), as well as trust in this person.

And finally, let's talk about role conflict, the likelihood of which is high in a situation of business interaction between relatives. Role conflict is expressed in experiences associated with the inability to simultaneously play two or even more roles (husband, boss, etc.). The implementation of several roles at once is an inevitable and given circumstance in such interaction, which often creates internal tension among relatives-employees. Here you can speak about mixing roles... For example, when the leader-father communicates with the subordinate-son, then usually the first one considers himself to be the elder, the second - the younger. If the father and son occupy equal positions, then their family positions will make their own adjustments in business interaction and, most likely, the father will still perceive his son as the younger one. In such conditions, the manifestation of dominance in the father's behavior is likely, open criticism, which in relation to another employee holding the same position is unacceptable.

Cited as an epigraph folk wisdom contains its own rationale. But in practice, the situation is not so simple, and very often we make a choice in favor of people close to us, resigning ourselves to the difficulties that such a relationship will bring us. Remember that the correct prioritization, predicting possible options for interaction, timely prevention of problems arising from the confusion of personal and business relationships is a guarantee of your psychological safety and business success.

IN AND. Malkov,
lawyer

"After relatives, the most unpleasant thing is
namesakes ".
Don Aminado

With the introduction of the Labor Code of the Russian Federation, the problem of joint work of relatives and brother-in-law has moved from the legal category to the social and psychological one. The prohibition, established by article 20 of the Labor Code of the Russian Federation, on the restriction of the joint service in the same enterprise of persons who are closely related or property to each other, if their service is associated with the direct subordination or control of one of them to another, has ceased to be in force along with the Code of Laws itself about the labor of the Russian Federation.

Until 2002, the prohibition on husband and wife working side by side only applied to employees; as for the workers, the dynasty of steelworkers, turners and weavers in the same workshop of a plant or factory were encouraged in every possible way by the state and set as an example to everyone else.

By forbidding employees, or rather in the bulk of the intelligentsia, to work together, if it assumed the direct subordination or control of one of the relatives or in-laws (in the people - "brother-in-law") to another, the state caught on when it became clear that in one rural school simply there is no one to teach children, except for the director-mother and the teacher-daughter, and only a doctor and a paramedic from the same family agreed to work in the village hospital, and softened the ban, providing for exemptions from this rule in the legislation. So the List of employees of enterprises, institutions and organizations in respect of which may be allowed exceptions to the rule on limiting the joint service of relatives, provided for in Article 20 of the Labor Code of the RSFSR (Resolution of the Council of Ministers of the RSFSR dated 21.08.1972 No. 510). Changes were made to it several times (the last - in 1993), and all new positions were included, which could be simultaneously replaced by relatives or in-laws.

The developers of the Labor Code of the Russian Federation reasoned that the state should not interfere in these relations, especially since the number of family companies in which the founders were also full-time employees grew every year, despite all the prohibitions. As a result, the new Code not only does not contain restrictions on the joint work of employees (managers, specialists, technical executors), but, one might say, considers the establishment of such conditions for hiring as a violation of the labor rights of workers. According to the second part of Article 3 of the Labor Code of the Russian Federation, no one can be limited in labor rights and freedoms or receive any benefits, regardless of gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence. , attitude to religion, political convictions, belonging or not belonging to public associations, as well as from other circumstances not related to the business qualities of the employee.

Kinship or property is just not related to the professional qualities of the employee: the whole family can be highly professional, and with close interaction, which continues outside of work, professionalism undoubtedly increases. Although the limitation of the joint service of relatives and in-laws has nothing to do with business qualities, at the same time, it is obvious that their collective labor characterized by certain features. And according to part three of Article 3 of the Labor Code of the Russian Federation, the establishment of differences, exceptions, preferences, as well as the restriction of the rights of workers, which are determined by the requirements inherent in this type of work, established by federal law, are not discrimination. Consequently, the restriction of the rights of employees, including the ban on joint service, is still possible, but only if it is expressly stated in the federal law. And there is such a law - this is the Federal Law of July 31, 1995 No. 119-FZ "On the Fundamentals of Civil Service Russian Federation"(As amended on 05/27/2003). In accordance with paragraph 5 of part three of Article 21, a citizen cannot be accepted into the civil service and be in the civil service in the event of a close relationship or property (parents, spouses, brothers, sisters, sons, daughters, as well as brothers, sisters, parents and children spouses) with a civil servant if their civil service is associated with the direct subordination or control of one of them to the other. Thus, only in relation to civil servants, the current Russian legislation provides for a restriction on the joint service of relatives or in-laws. At the same time, the provisions of the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation" are reproduced and concretized in special federal laws and other regulatory legal acts devoted to civil service in various government bodies, for example:

in the Federal Law of 17.01.1992 No. 2202-I "On the Prosecutor's Office of the Russian Federation" (as amended on 05.10.2002);
in the Decree of the President of the Russian Federation of 29.04.1996 No. 604 "On approval of the Regulation on holding a competition for filling a vacant public position in the federal public service";
in the order of the Ministry of Justice of Russia dated 06.06.2002 No. 153 "On the procedure and conditions for holding a competition for filling positions in institutions and bodies of the penal system of the Ministry of Justice of the Russian Federation, held on a competitive basis";
in the order of the Ministry of Justice of Russia dated April 26, 2002 No. 117 "On approval of the Instruction on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation in institutions and bodies of the penal system of the Ministry of Justice of the Russian Federation";
in the order of the Ministry of Internal Affairs of Russia dated December 14, 1999 No. 1038 "On approval of the Instruction on the procedure for applying the Regulations on service in the internal affairs bodies of the Russian Federation" (as amended on November 16, 2001);
in the order of the State Customs Committee of Russia dated 28.11.1997 No. 707 "On the procedure and conditions for holding a competition for filling positions in the customs authorities of the Russian Federation held on a competitive basis" (as amended on 16.07.2002), in other documents.

As you know, the municipal service is based on the same principles as the state one. However, in the Federal Law of 08.01.1998 No. 8-FZ "On the Foundations of Municipal Service in the Russian Federation" (as amended on 25.07.2002), which incorporated the overwhelming majority of the provisions of the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation", a ban on joint service relatives or in-laws have not been identified. Most of the constituent entities of the Russian Federation considered this an "omission" and included this prohibition in their laws on the foundations of municipal service.

In the state and municipal service, family ties are found out when filling out special questionnaires. A citizen entering the service talks about his relatives, filling out, for example, the following table:

Your close relatives (father, mother, brothers, sisters and children), as well as your husband (wife):

But with in-laws, as a rule, problems arise. First of all, who is a cousin at all? In law, property is understood as the relationship of one of the spouses with the blood relatives of the other spouse arising as a result of marriage (marriage union), as well as relations between the relatives of the spouses. As a rule, these questions are not asked when questioning, and even during the Labor Code of the Russian Federation that the head and subordinate are in-laws, it often became known only in the process of work and in an informal setting (if there were intentions to hide this fact). The situation was even more regrettable when an employee was subordinate to another employee, and then, as a result of the conclusion of a marriage, for example, between his brother and the sister of his manager, automatically became his brother-in-law. It seemed that both worked well, both were professionals, and Article 20 of the Labor Code of the Russian Federation considered the decision of their relatives as a basis for dismissal (by the way, references to this article as a basis for dismissal were not so rare). Moreover, since the termination of an employment contract on this basis was not recognized as dismissal at the initiative of the employer, then guarantees, including additional ones established for employees upon dismissal at the initiative of the employer, were not provided to the employee in this case. But nevertheless, it was always easier for brothers-in-law to "get lost" in the personnel departments and, as the state of affairs in the public service testifies, the opportunity to work together with a relative is still preserved.

Marriage unions between the head (boss) and the subordinate (subordinate) ended much more sadly - with the stamping of a stamp in the passport, one of them (most often a woman) lost the right to work in the organization. It should be noted here that, as a rule, transfers to other positions not related to subordination or control were not offered to such employees.

Restriction on the joint work of relatives or in-laws is a "double-edged sword". On the one hand, in conditions when the bulk of the business is made up of private companies, it is very problematic to restrict the right of loved ones to work together. On the other hand, in areas related to finance, with transactions based on the alienation of the company's property, weakened control over the actions of a relative, or imaginary responsibility for the results of such actions can lead not only to damage to the company (after all, this is the business of the owners ), but also to more serious adverse consequences - for the state (non-payment of taxes), for employees (loss of jobs), etc.

So the idea of returning the norms of Article 20 of the Labor Code of the Russian Federation to the Labor Code of the Russian Federation arises. This legislative initiative was put forward by the State Assembly of the Republic of Bashkortostan. In the draft federal law "On Amendments to the Labor Code of the Russian Federation" (according to which, by the way, the legislative bodies of a number of other constituent entities of the Russian Federation spoke out positively), it is proposed to supplement the Labor Code of the Russian Federation with an article of the following content: "Joint service in the same state or municipal organizations of persons who are closely related or related to each other (parents, spouses, brothers, sisters, sons, daughters, as well as brothers, sisters, parents and children of spouses), if their service is related to the direct subordination or control of one of them to the other. In necessary cases, exceptions to this rule may be established by federal law. " That is, in fact, it is proposed to return Article 20 of the Labor Code of the Russian Federation, though only in relation to municipal and state organizations (in this case, we are not talking about state or municipal service, but about budgetary organizations - unitary enterprises, etc.).

The State Assembly of the Republic of Bashkortostan explains its initiative by the fact that the Labor Code of the Russian Federation, which has come into force, does not contain provisions that limit the joint service of persons who are related or related to each other. The absence of this rule leads to various kinds of abuse by employers. When hiring, when reducing the number of employees, it is often not business qualities, work experience that are taken into account, but the degree of kinship with the management. The State Assembly of the Republic of Bashkortostan believes that a restriction on joint service should be established at least in relation to employees of state and municipal organizations. The accusations of abuse by employers are justified, and HR managers are well aware of this. Perhaps a return to limiting joint service not only in the state and municipal service, but also in budgetary organizations, is advisable. The State Duma Committee on Labor and Social Policy has not yet decided on this. Nor does the Russian Trilateral Commission on the Regulation of Social and Labor Relations argue with this, at a meeting of the working group of which in October 2002 a bill of the State Assembly of the Republic of Bashkortostan was considered. However, the parties to the social partnership decided to refrain from approving the adoption of the bill at the federal level, bearing in mind that this problem can be solved at the level of the constituent entity of the Russian Federation and municipality taking into account the solution of the issue of staffing in such sectors of the public sector as health care, education and culture. This position of the Russian tripartite commission for the regulation of social and labor relations was brought to the attention of the relevant committee of the State Duma.

But what about commercial organizations and their HR departments? Indeed, by abolishing the restriction on the joint service of relatives and in-laws and leaving it only in relation to public service, the legislator sought to get rid of the unjustified, in his opinion, restriction of labor rights. But the euphoria about the fact that now no one forbids a daughter and a mother (son and father, other relatives) to work together in the same department on terms of subordination or control has passed, and this, to a certain extent, is evidenced by the position expressed on this issue HR manager and psychologist.

Now the leadership of many organizations is looking for ways to return this ban, and they cannot find anything other than latent (hidden) ones. Establishing in a local regulatory act of an organization a ban on the admission of relatives or in-laws to dependent or controlled positions means violating part two of Article 64 of the Labor Code of the Russian Federation, according to which “any direct or indirect limitation of rights or the establishment of direct or indirect contracts depending on gender, race, skin color, nationality, language, origin, property, social and official status, place of residence (including the presence or absence of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, is not allowed, with the exception of cases stipulated by federal law. "

Undoubtedly, Article 64 of the Labor Code of the Russian Federation is violated by organizations on other grounds much more often than due to the fact that a relative or in-law of an employee applies for a vacancy, and every second job advertisement testifies to this. Moreover, this is done implicitly (very rarely an employee is explained the true reason for refusing to hire). Upon learning that the lady was applying for the position of chief accountant, provided that her daughter would take the place of the second accountant, the HR manager found a way to politely explain to the employee that she was not suitable for the company, without referring to family relations. So there will always be ways to “screen out” relatives and in-laws at the stage of selection. But it is now impossible to dismiss an employee who, by virtue of circumstances, has become a relative by law or inherent in his immediate supervisor. However, an excuse to "remove" an employee who, due to various circumstances, suddenly ceases to meet undeclared requirements, can be found at any time. Collective agreements, internal labor regulations and other local regulatory documents of many organizations still contain bans on the joint service of relatives and in-laws, which is not surprising: after all, these documents were concluded and drafted during the Labor Code of the Russian Federation. Today they contradict the Labor Code of the Russian Federation and should not be applied.

From the point of view of labor relations, the problem of relatives and in-laws in private, and indeed, in municipal and state organizations, can be called far-fetched to a certain extent. After all, by limiting their joint service, the employer will not be able to prevent abuse by another category of workers - best friends and old friends - by any legal means.

Recently, the society has been discussing the ban on joint work of close relatives, which has been canceled by the new Labor Code of the Russian Federation. Supporters of lifting the ban refer to democratic rights and principles of freedom of business, opponents argue that such a policy creates the basis for the development of corruption, injustice and infringement of the labor rights of ordinary citizens.

Who is considered a close relative by law?

In order to correctly interpret and apply the rule of law, we must clearly understand the terminology. Therefore, we will define the concept of "close relative". To do this, we turn to the legislation of the Russian Federation.
Consider who are close relatives by law. The term is used in the wording of articles, but its meaning is disclosed indirectly. The legislation contains only abrupt explanations. The Labor Code does not fully cover this concept, so let's turn to other sources.
We will take the definition given by the Family Code of the Russian Federation as a basis and guideline. According to Art. 14 of the Family Code of the Russian Federation, close relatives include:
- parents;
- children;
- grandparents, grandchildren;
- brothers, sisters (full and incomplete);
- adoptive parents and adopted children.
But this interpretation implies a number of obvious flaws and needs to be supplemented. Russian legislation does not cover this issue. In other normative acts, this list remains unchanged, and nephews, spouses, relatives of spouses, spouses of children are not included in it.

About spouses

Spouses are not close relatives. This follows from Article 2 of the Family Code of the Russian Federation, which says that spouses are family members equal to parents and children. But at the same time, there is no statement about the recognition of their close relatives. Article 14 of the Family Code of the Russian Federation defines the bonds of consanguinity, which the husband and wife do not have. Thus, between the spouses, relationships are established not of kinship, but of properties. Close relatives of one of the spouses do not acquire kinship status in relation to the other spouse, but become in-laws.

Other nuances

Within the framework of the topic, it is advisable to highlight the labor relations of not only close relatives, but also to touch on in-laws, since the factual side of the issue is important to us. In practice, in-laws are often no less intimate than relatives. In this regard, violations of the law are possible in the form of unjustified privileges or discrimination in relation to them in the labor process and, in the opinion of the state, a fertile ground for corruption is created.

Problems related to the employment relationship of relatives

Disputes about the advisability of banning close relatives from entering into labor relations, provided that one is subordinate to the other, are also relevant in 2017. The fact is that earlier the law provided for such a circumstance and regulated this process. But now the decision is left to the discretion of the owners of the companies.
The following arguments are put forward by supporters of the ban on the employment of relatives:
- it provokes corruption and other malfeasance;
- it negatively affects labor productivity;
- it causes discrimination against other employees;
- this puts employees, endowed with the same rights and obligations, in a deliberately unequal position, which is contrary to the Labor Code of the Russian Federation;
- family ties prevent the leader from objectively assessing the work of such subordinates.
On the one hand, these arguments are justified, but such a prohibition contradicts the right of the business owner to hire the people he wants to hire into the organization. By banning the employment of relatives, the state will restrict the rights of entrepreneurs, which will be a step back from the point of view of the culture of law.

In public service

Earlier, in the law regulating labor relations, there was article 20 of the Labor Code, which prohibited the joint work of close relatives if their work implied subordination or control over each other. There is no such provision in the new legislation. According to many citizens, this infringes upon the rights of other workers who are not relatives of the managers.
Unlike the Labor Code, which was in force earlier, the Labor Code of the Russian Federation excludes provisions that restrict the right of close relatives to work in the same enterprise, even if they are in a position of subordination or control among themselves.
But these restrictions still apply to government civil servants. According to Art. 16 of the Federal Law of 27.07.2004 N 79-FZ "On the State Civil Service of the Russian Federation". This Act prohibits civil servants who are related or inherently related from being in a relationship of subordination or control to each other. This applies to parents and children, spouses, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children. Therefore, government officials are partially subordinate to the ban on joint work of close relatives.
The Law on Combating Corruption of the Russian Federation specifies in which state bodies and departments relatives cannot work:
- in state corporations;
- in The Pension Fund Russian Federation;
- in the Federal Compulsory Medical Insurance Fund;
- in public companies;
- in the Fund social insurance RF;
- in other organizations that are created by Russia on the basis of federal laws.
Employees of such organizations are assigned a special legal status, special working conditions are established, duties and restrictions are assigned that may contradict the Labor Code of the Russian Federation.
These measures have been taken to combat corruption. It is difficult to judge the effectiveness of the program at the moment, but it nevertheless presented certain problems to unscrupulous officials.

What should an official do if, on duty, he has to interact with a relative?

There is a likelihood of such a situation arising when a civil servant checks in a company, the CEO of which will be, for example, his son or brother, etc. Here there is a possibility that he will assess the circumstances biasedly, will indulge a relative, help to avoid punishment, etc. The decision made may be challenged when opening the circumstances of the case. The state recommends that officials avoid such situations.
To solve such problems, special commissions were created. When a civil servant finds himself in a quandary, such as inspecting boat racks in the area where his son opened a boatmen's club, he should contact the commission with an explanation of the situation and wait for further instructions without taking any action.

Relatives and government orders

It often happens that, by a happy coincidence, a large state order is received by a company whose owner is a relative of a responsible official. On the one hand, this outcome may be fair, but there are also opposite situations, when a civil servant simply takes advantage of his position.
Changes to the Federal Law "On the contractual system in the field of procurement of goods, works, services to meet state and municipal needs" partially solved the problem. Now the relatives of the contestants cannot be present in the composition of the commission. However, there are many other areas that, to this day, are not controlled by the law.
A situation that presupposes a personal interest of a civil servant in making a particular decision in the performance of official duties is called a conflict of interest. In this sense, personal interest, which, as a rule, consists in a possible material benefit, can confuse an official and persuade him to violate job descriptions, allowing indulgence in relation to a relative, an organization related to him, or an unfair decision.
From the above material, we can conclude that family and inherent relationships can become the reason for the violation of labor discipline and the commission of official crimes by officials.

For employment

It should be noted that Art. 64 of the Labor Code of the Russian Federation introduces a ban on discrimination when concluding an agreement, that is, everyone should have equal conditions in employment. According to the legislation, the selection of candidates for the position is made on the basis of assessing the business qualities and skills of the candidates. Accordingly, the employer does not have the right to deny employment to a person due to the presence of family ties with one of the employees of the enterprise.
Also, hypothetically, it is possible to imagine the opposite situation, when a person holding a managerial position prevents his relative from finding employment in the same company. The reasons for this behavior can stem from life circumstances and the nuances of interpersonal relationships in the family.
Abuse of official authority is a common problem for organizations operating in the Russian Federation. The attachment of relatives and in-laws to well-paid jobs is quite common. This often affects the quality of the product or service provided. At the same time, the employer rejects worthy candidates with more high level qualifications.
Globally, the consequence of this injustice is the drain of personnel from Russia. The state must find ways to combat this problem. However, prohibitive measures will not be effective in modern world... It is best to create conditions for healthy competition between enterprises, so that it is not profitable for the employer to employ specialists with low qualifications. In this case, companies will select personnel not on the basis of kinship, inherent or friendly relations, but on professional qualities.

The essence of the problem and why the state is taking the path of weakening control

Since the entry into force of the Labor Code of the Russian Federation, this problem has become significantly aggravated. It has gone beyond the framework of law, has become social and national. The ban established by the Labor Code did not allow exclusively joint related work of employees in leadership positions, and employees of schools, hospitals, etc. were included in the list. Citizens could work as families, there were dynasties of working professions. This resulted in professionalism and high rates of labor productivity. But at the same time, incidental situations arose, for example, in a rural school there was no one to teach children, except for the father-director and the son-teacher, who had no right to occupy these positions due to kinship.
After a bad experience with prohibitive policies, the legislature concluded that the state should not interfere in this area. Moreover, every year the number of private companies grew, often based on family and inherent ties. Now Art. 3 of the Labor Code of the Russian Federation, which prohibits an employer from accepting employees on the basis of kinship or other subjective criteria that are not related to professional qualities.
Since kinship or property has nothing to do with skills, this criterion should not be considered by law as a reason to accept or not accept an employee. In this sense, the Law "On Combating Corruption" in the clauses prohibiting the employment of close relatives in the civil service contradicts the Constitution of the Russian Federation and the principles of labor law, since civil servants are actually deprived of the right to work without discrimination on any grounds (in this case, in the role of a the presence of kinship or property appears).
The law contradicts the Constitution of the Russian Federation, as it goes against the presumption of innocence. In other words, the legislator assumed that all civil servants who are in a position of subordination and subordination and have a degree of close kinship or property are corrupt. This approach to solving the problem seems regressive from the point of view of the rule of law. A good goal in the form of combating corruption does not justify means that are contrary to the principles of labor law and the Constitution of the Russian Federation.

The problem also affected medical workers

Within the framework of the same Anti-Corruption Law, federal medical centers are obliged to organize personnel policy in such a way that there are no family or inherent ties between employees and managers. The main way to solve this problem is dismissal, transfer to another position is provided.

What is required of leaders?

In December 2016, the Ministry of Health sent written recommendations to all federal medical centers with instructions to dismiss employees with family ties. For failure to comply, the leader could be deprived of his position on the basis of loss of confidence. Then there were layoffs, several big names appear in the list of abbreviations. Among them are Olga Chazova, daughter of I. O. director of the cardiological research and production complex Irina Chazova. The deputy director for scientific work Alexey Kubanov, son of the head of the center.

In municipal institutions

According to Art. 13 of the Federal Law "On Municipal Service in the Russian Federation" an employee of a municipal institution who is directly subordinate to the head of administration cannot be his relative. The rest of the employees of municipal institutions are not mentioned in the Federal Law.
At the same time, the labor relations of relatives in the format of subordination or subordination are regulated by the legislation of the constituent entities of the Russian Federation. Most regions adopted a position in accordance with federal laws and forbade leaders to have close relatives under their authority.

In business

Private enterprises, companies, individual entrepreneurs and individuals have the right to hire employees without violating the legislation of the Russian Federation, regardless of their family or inherent ties. This is a completely progressive step towards the rule of law. The lifting of the prohibitive policy indicates a gradual decline of the legal position of the government towards private law.
Given these circumstances, a number of conclusions suggest themselves:
- the state is slowly moving towards giving business complete freedom of action, creating a free market;
- enterprises are able to create family dynasties, dynasties of craftsmen in various industries may appear;
- it is necessary to ensure strict control over the observance of the norms of the Labor Code of the Russian Federation in non-state enterprises.
The more permissions and opportunities appear, the more temptations. The risk of violation of the rights of some employees in favor of others who are relatives of managers increases. To compensate for this imbalance, the state authorities, and in particular the Ministry of Labor and Social Protection, must ensure the observance of workers' rights and counteract discrimination in labor relations.
The labor inspectorate should take an active part in monitoring compliance with the law, conduct regular inspections and protect the infringed rights of any of the parties. Currently, this practice is not very popular. As a rule, the inspectorate acts only on complaints or applications from citizens who do not come there so often due to legal illiteracy and legal nihilism of the majority of Russians.

Conflict of interest

High-ranking employees of municipal enterprises, as well as civil servants, find themselves in situations of conflict of interest. This occurs when their action or inaction in a work situation is self-interested. Thus, a municipal employee is free to decide certain issues in favor of his relatives or brothers-in-law. It is difficult to prove the composition of even an obvious abuse of office.
The situation of a conflict of interests among municipal employees, in contrast to civil servants, is in no way qualified by Russian legislation, so it is difficult to prove the guilt of a person who abuses his position in such a situation.

Conclusion

Close relatives at work should not have any advantages or disadvantages. In a civilized state, such a gradation in the field of labor law is unacceptable. Workers should be recruited and remunerated based on their qualifications and productivity. A similar position is contained in the Constitution of the Russian Federation and Labor Code RF. Therefore, the position of the legislative branch with regard to the abolition of the ban on cooperation of close relatives is quite justified.
On the other hand, the policy of the authorities, which was expressed in Art. 16 of the Federal Law "On the State Civil Service of the Russian Federation" and the Federal Law "On Combating Corruption". It is unlikely that such measures will prevent corrupt officials from abusing their official powers, given that conscientious and qualified employees, being relatives of the leader, can no longer occupy one or another public office.
Labor relations are a delicate sphere of public life; the labor rights of citizens must be protected by the state. The employee must feel protected from unfair decisions by the management. At the same time, he must fulfill his job duties in good faith so that the employer's rights are not infringed upon.