Joint work of close relatives is not allowed. Can relatives work under a manager?
Hello! The question is as follows. Employees of our organization are subject to the law on the civil service. It so happened that both mother and daughter work in the same department, but they have different positions, but report to the same boss. Are they allowed to work together?
- Question: No. 2972 dated: 2017-02-25.
In accordance with paragraph 5 of Art. 16 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”, a citizen cannot be accepted into the civil service, and a civil servant cannot be in the civil service if:
Close relationship or property (parents, spouses, children, brothers, sisters, as well as brothers, sisters, parents, children of spouses and spouses of children) with a civil servant, if the replacement of a civil service position is associated with direct subordination or control of one of them to another.
I draw your attention to the fact that the concept of the terms direct subordination and accountability is not defined by law.
The Zaeltsovsky District Court of Novosibirsk, in its decision of September 26, 2013, in case No. 2-2393/2013, stated the following: “... Based on the literal interpretation of this rule of law, it must be recognized that the immediate superior is the direct superior closest to the subordinate.
That is, that chief cannot be an immediate superior if there is another superior between whom and a subordinate.
The concepts of direct subordination and accountability are not defined by the legislation on the state civil service.
At the same time, the court considers that when considering cases of this category, one should proceed from the following.
Direct reporting means that one civil servant is subordinate to another in accordance with the official regulations (job description), regulations on the structural unit of the state body.
Direct control means that one civil servant has the right, on the basis of legal documents defining his status, to control another civil servant who is directly subordinate to him.
Thus, factors related to the direct subordination or control of civil servants (employees) should be fixed in the documents regulating the work of the organization, structural divisions and civil servant (employee).
Direct subordination and direct control of officials to each other, who are in close relationship or property, can be established subject to the requirement of immediacy (without intermediaries) ... ".
Thus, it is necessary to get acquainted with the job descriptions of state civil servants. If job descriptions are different, i.e. perform different functions, and there is no direct control, then they have the right to work together.
Attention! The information provided in the article is current at the time of its publication.
Joint service at the same state or municipal enterprise, institution, organization 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
with direct subordination or control of one of them to another.
Where necessary, exceptions to this rule may be established
Council of Ministers of the Russian Federation. (as amended by the Law of the Russian Federation
Federation and the Supreme Council of the Russian Federation, 1992, N 41, Art. 2254).
Commentary on Article 20 of the Labor Code of the Russian Federation
§1. Labor law limits the possibility of joint service
close relatives, in-laws only at the state or municipal
enterprise. Such a restriction may apply if:
1) by the nature of their activity they belong only to the category of employees,
because these restrictions do not apply to workers and junior service personnel;
2) they work in positions that are directly related to
subordination or control of one of them to another.
§2. However, the legislation establishes for certain categories
workers exemption from the rule on limiting the joint service of relatives.
The list of employees of enterprises, institutions and organizations, in relation to
which may be allowed exceptions to the rule on limiting joint
services of relatives, provided for by Art. 20 Labor Code, approved. Council Decree
1972, No. 22, art. 153; 1973, No. 11, art. 51; No. 13, art. 75; 1981, No. 29, Art. 186;
SAPP, 1993, N 42, p. 4007).
This List includes:
1. Employees occupying directly subordinate or controlled
electoral positions.
2. Agricultural specialists working in state farms and other state
agricultural enterprises and organizations, as well as in research
agricultural institutions located in rural areas.
3. Employees of linear enterprises of railway transport, as well as
workers of construction and assembly and bridge-building trains, mechanized
columns and other mobile formations of road, construction and installation and
specialized railway trusts of the former Ministry of Railways,
except for the chief accountants and cashiers of these enterprises and organizations.
4. Employees of operating enterprises and organizations.
5. Doctors of medical and preventive and sanitary institutions
healthcare.
6. Pedagogical workers, teachers, bibliographers and librarians
in all educational and educational institutions.
7. Artists, artists and musicians of state theaters, art
bands and studios.
8. Employees of scientific institutions of the USSR Academy of Sciences (currently
Russian Academy of Sciences), located in the Far North and areas
equivalent to the regions of the Far North, as well as employees of some other
institutions of the Academy of Sciences of the USSR (Russian Academy of Sciences).
9. Employees of network organizations of the Main Directorate of Hydrometeorological
service under the Council of Ministers of the USSR (corresponding Russian body), and
also employees of enterprises and research institutions of the hydrometeorological
services located in the settlements of the Arctic, in the taiga, high-mountain
and desert areas and islands.
10. Employees of field geological expeditions, parties, detachments and sections.
11. Employees of the bodies of the State Committee for Standards of the Council of Ministers
USSR (currently the corresponding Russian body) in the field, implementing
state supervision of standards and measuring equipment.
12. Forestry and water management specialists, educators, medical
workers, employees of cultural and educational institutions, employees of enterprises
retail and catering consumer cooperatives operating
in the countryside.
13. Employees of road organizations operating automobile
public roads, except for the chief accountants and cashiers of these organizations.
14. Employees of the floating composition of river fleet vessels and employees of operational
enterprises and organizations of river transport (with the exception of shipping companies)
Ministry of the River Fleet of the RSFSR, except for the chief accountants and cashiers of these
enterprises and organizations.
15. Workers of construction and assembly and bridge building trains, mechanized
columns and other mobile special construction units of the Ministry
transport construction of the relevant Russian authority, except for the main
16. Workers of construction, construction and installation and other specialized
departments and sites engaged in the construction of trunk pipelines
and development of oil and gas fields located in the regions of the Extreme
North and in areas equivalent to the regions of the Far North, except for the main
accountants and cashiers of these organizations.
17. Workers of pond and lake fish farms, fish hatcheries,
spawning and rearing farms and fish hatcheries, except for chief accountants and
cashiers of these enterprises.
18. Land surveyors of local bodies of the RSFSR State Committee for
land reform.
19. Employees of national natural parks, except for chief accountants
and cashiers of these organizations.
Persons recruited in violation of the established rules on restrictions
joint service of relatives, as well as persons previously accepted for service, abandonment
who at work contradicts the above rules, are subject to transfer (from their
consent) to another job or dismissal from it (see commentary to Art. 254
On the joint work of relatives in budgetary institutions
A new round of interest in the new year was given to the topic of the prohibition of the joint work of relatives in the same state or municipal organization.
Show in full…
Initially, draft federal law No. 700152-6 "On Amendments to the Federal Law "On Combating Corruption" (in terms of strengthening anti-corruption measures in state and municipal organizations) was submitted to the State Duma in January 2015, where it remains to this day. at the stage of preparation for the 1st reading (the last event - on October 6, 2016 - to appoint the State Duma Committee on Security and Anti-Corruption as responsible).
This project was prepared by deputies of the Just Russia party of the VI convocation in order to strengthen the fight against corruption in state and municipal organizations. The deputies consider that one of the ways to fight corruption is to legislate a ban on the joint work of close relatives in the same state, municipal organization or its separate subdivision, if their work is connected with the direct subordination or control of one of them to another (with the exception of the corresponding work in rural areas). paragraphs).
As a measure of responsibility for violating the ban, it is proposed to dismiss the head of the organization due to loss of confidence.
The motive for the adoption of this bill, according to the deputies, is the widespread practice of corruption schemes involving close relatives of the leadership of state and municipal organizations - "corrupt family business based on a state or municipal organization and at the expense of budgetary funds," the parliamentarians emphasize.
According to the legal department of the State Duma, the draft provision requires the introduction of corresponding changes to the Labor Code of the Russian Federation.
Since 1918, the "related filter" has been the norm of labor law in the USSR.
For the first time, the degree of kinship that prevents the "family contract" was specified in the Decree of the Council of People's Commissars in 1922. Until February 1, 2002, the Labor Code of the Russian Federation prohibited joint service at the same state or municipal enterprise, institution, organization 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 connected with the direct subordination or control of one of them to another.
Violation of the rules for admission or retention in the service at different times entailed various penalties up to criminal prosecution, incl. deprivation of liberty.
Part of the restrictions from the Soviet passed into Russian legislation: the inadmissibility of direct subordination and accountability of relatives in the service is provided for in a number of federal laws, including on the municipal and state civil service, the police, the prosecutor's office, the TFR, as well as on the status of judges of the Russian Federation.
Currently, the Labor Code of the Russian Federation does not contain any restrictions on the joint work of relatives in one organization.
Hello, Elena! Indeed, there was such a ban in Soviet labor law. Now, if your kindergarten is under municipal jurisdiction (not private), the Anti-Corruption Law can help you. It does not contain a ban on working under the authority of a relative, but there is a reference to abuse in the interests of third parties - in your case, relatives. Corruption is the use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for himself or for third parties, or the illegal provision of such benefits to the specified person by other individuals . Corruption will also be the commission of these acts on behalf of or in the interests of a legal entity.
Below I quote Art. 10 and 11 of the said Law, but, I repeat, it is applicable if the kindergarten is not an LLC. not a CJSC, but is in municipal subordination.
Federal Law of the Russian Federation
This Federal Law establishes the basic principles of combating corruption, the legal and organizational framework for preventing and combating corruption, minimizing and (or) eliminating the consequences of corruption offenses.
Article 1. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are used:
1) corruption:
a) abuse of official position, giving a bribe, receiving a bribe, abuse of power, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, other property rights for themselves or for third parties or illegal provision of such benefits to the specified person by other individuals;
b) the commission of the acts specified in subparagraph "a" of this paragraph, on behalf of or in the interests of a legal entity;
2) combating corruption - the activities of federal government bodies, government bodies of the constituent entities of the Russian Federation, local governments, civil society institutions, organizations and individuals within their powers:
a) to prevent corruption, including the identification and subsequent elimination of the causes of corruption (prevention of corruption);
b) to identify, prevent, suppress, disclose and investigate corruption offenses (fight against corruption);
c) to minimize and (or) eliminate the consequences of corruption offenses.
Article 10
1. A conflict of interest in the state or municipal service in this Federal Law means a situation in which the personal interest (direct or indirect) of a state or municipal employee affects or may affect the proper performance of his official (official) duties and in which there is or may arise a contradiction between the personal interest of a state or municipal employee and the rights and legitimate interests of citizens, organizations, society or the state, which can lead to harm to the rights and legitimate interests of citizens, organizations, society or the state.
2. The personal interest of a state or municipal employee, which affects or may affect the proper performance of his official (official) duties, is understood as the possibility for a state or municipal employee to receive income in the form of money, valuables, other property or services in the performance of official (official) duties property nature, other property rights for themselves or for third parties.
Article 11
1. A state or municipal employee is obliged to take measures to prevent any possibility of a conflict of interest.
2. A state or municipal employee is obliged to notify his immediate superior in writing of a conflict of interest that has arisen or the possibility of its occurrence, as soon as he becomes aware of it.
3. The representative of the employer, if he became aware of the emergence of a state or municipal employee of a personal interest that leads or may lead to a conflict of interest, is obliged to take measures to prevent or resolve a conflict of interest.
4. Prevention or settlement of a conflict of interest may consist in changing the official or official position of a state or municipal employee who is a party to a conflict of interest, up to his removal from the performance of official (official) duties in the prescribed manner, and (or) in his denial of benefits, giving rise to a conflict of interest.
5. Prevention and settlement of a conflict of interest, to which a state or municipal employee is a party, shall be carried out by recusal or self-withdrawal of a state or municipal employee in the cases and in the manner prescribed by the legislation of the Russian Federation.
6. In the event that a state or municipal employee owns securities, shares (participatory interests, shares in the authorized (share) capital of organizations), he is obliged, in order to prevent a conflict of interest, to transfer his securities, shares (participatory interests, shares in the authorized (reserve) capital of organizations) into trust management in accordance with the legislation of the Russian Federation.
Unfortunately, this is all that can be applied to your case. You are not alone in becoming the object of "squeezing out" family clans. There is one more small clue, but difficult to implement, the presence of registration, citizenship, if not the Russian Federation, the presence of a work permit, the presence of a medical book.
