Some problems of law-making questions of EMERCOM of Russia

The article deals with some problems associated with the regulation of labor relations in EMERCOM of Russia. The absence of a proper regulation of the lawmaking activity is traced on the examples: in determining the rights of officials on the use of rewards and disciplining of the employees of EMERCOM of Russia. For example, the commander of the guard fire department has the power to declare gratitude, removal of the disciplinary action, admonishment and reprimand. At the same time disciplinary rights granted to subordinate commanders belong to their superiors as well. The chief of the firehouse is a superior officer for the commander of the guard. According to the order no. 442 of EMERCOM of Russia dated July 21, 2003 decisions on rewards and disciplinary sanctions for EMERCOM workers are made by the chief of the specialized firehouse for fighting large fires, the chief of the specialized fire and rescue firehouse and the chief of the fire and rescue firehouse. It is necessary to make changes in the order of EMERCOM of Russia and include the chief of the firehouse in the range of persons. The article considers the disciplinary action - the duty out of turn. It is determined that it is the work of EMERCOM employees over the established norm of working time and, accordingly, it can be attributed to overtime work. The employer has the right to engage workers in this work. The imposition of the disciplinary sanction in the form of the duty out of turn by the categories of persons specified in the order of EMERCOM of Russia contradicts the Labor Code of the Russian Federation. The employer only has the right to request its application. Problems in lawmaking activity also consist in keeping time-sheets with an overall account of working hours. In the system of EMERCOM of Russia providing additional days of rest is a more common practice. Yet the procedure for keeping time-sheets in cases these days are provided is not enshrined in law. The author believes that providing the employee of EMERCOM of Russia with a day off for working at the weekend or on a holiday, the time-sheets should reflect hours the person actually worked that day, and the day off should be given on the account of the following working day. The next important question of the application of legal norms of EMERCOM of Russia is the definition of "employer". The article considers the order no. 442 of EMERCOM of Russia dated July 21, 2003. Based on its sense some of the functions of the employer are performed by a higher authority of EMERCOM of Russia, the other part - by the agency the employee works at. In case of dismissal they issue two orders, which often takes considerable time. Some employees abuse these gaps in the legal regulation. Thus, it is necessary to adjust the rights of officials to appoint to and dismiss from EMERCOM of Russia, and give these functions to a single legal entity.

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