Hello, Elena! In the Soviet labor law such a ban, indeed, was. 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.
the federal law 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 authority, 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 state authorities, state authorities 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 a 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 it arises 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.
Many of us, faced with the need to seek new job, start the search not by posting their resume on recruiting sites, but by calling friends and acquaintances. At the same time, special hope is placed, as a rule, on those who own their own business or occupy a leadership position in their company. And what a joy it is when one of them really offers us a job, and even under his command! It seems that now a career will definitely go uphill.
But is everything really so rosy?
Benefits and risks of working "under the wing" of a friend
Let's see what good and bad promises the service of friendship.
Quick employment. If the boss is your friend or buddy, then numerous stages of interviews - with the girl from HR, with the director of human resources, then with the head of the relevant department - can be skipped. It all boils down, in fact, to one short telephone conversation. In addition, you are unlikely to be given a trial period, which, you see, will have a beneficial effect on both the state of the wallet and your self-esteem.
Additional privileges. According to old friendship, you can count on certain concessions in the work schedule, on the possibility of training at the expense of the company, on vacation at a time convenient for you, in the end, on a more convenient workplace and unlimited internet access.
Insured rear. Obviously, the mistakes you made will be more tolerant: they won’t fire you for the first mistake, or even forgive a serious mistake. After all, one of the properties of friendship is to enter into the position of another.
Favorable attitude to expressed ideas and suggestions. People tend to listen more to the opinions of those who are closer to them.
But as you know, every barrel of honey has its own fly in the ointment. And working under a friend is no exception. Let's look at the possible negative consequences.
Extra work or responsibilities. Really, well, who else can the boss ask "in a friendly way" to stay late to finish urgent work? At first he will ask rarely, and then more and more often. And be prepared to do it for free, without additional reward. You are not strangers to each other, remember? And personal requests can be added to additional work responsibilities, with which the boss would hardly have turned to ordinary employees.
Ambiguous attitude of the team. Get ready for the fact that colleagues who are aware of your "special" relationship with the boss will meet you, to put it mildly, wary. They will perceive nothing but a mishandled Cossack and keep aloof. It is extremely difficult to become your own in such a situation. And some enterprising comrades may, on the contrary, seek communication with you, but with the sole purpose that you put in a good word for them in front of the boss.
Additional stress in case of reprimand. Getting scolded by an ordinary boss or from your friend is not the same thing at all. In the second case, the stress is much stronger, because the bitterness of personal resentment is added to the blow to professional pride.
Salary delay. Please note that if your company has better times, you will be the first to delay your salary. Indeed, according to the chief, you, as a friend, are simply obliged to enter into a position and courageously endure all difficulties, no matter how long they last. At the same time, the common phrase is this: “Be patient, my friend, you see what is happening with us now ...”
“When my former classmate offered me to head the credit department in his bank, I was in seventh heaven. Still: it’s so easy to take and take the position of chief, to become right hand successful businessman! But after a few months, there was no trace of my delight. A friend regularly threw overtime work, "forgetting" to pay for it. Apparently, he thought that I should do everything “out of friendship”. He said that times are difficult now, and we are partners without five minutes, so we will sort out all the cases and I will have a month's vacation and a bonus in the amount of a six-month salary. Needless to say, the promised X-day never came, despite the fact that the bank's business was on the mend. In general, when they began to lure me to another bank, I did not think for a long time and left.
Arina,
financial consultant, Moscow
By the way, the boss who decides to hire a friend or buddy must also be aware that he may encounter a number of psychological inconveniences. In particular, it is morally much more difficult to make a remark or point out shortcomings to “one’s own” employee than to a person hired “according to an ad”. What can we say about mental torment, if it becomes clear that a friend, for one reason or another, cannot cope and we must part with him as an employee ...
“My girlfriend was in a very difficult life situation when I took her to my accounting department. And it began ... She treated her duties carelessly, was regularly late, or even did not come to work at all. The reasons were always different: either she felt unwell, or the plumber had to come during the day, or the cat had to be taken to the veterinarian ... Especially often all her misunderstandings occurred during the reporting periods. And all the time she asked to enter into her position. The result is sad - I no longer have a girlfriend, very often we quarreled with her at work. Since then, I swore to work not only with friends, even with acquaintances. ”
Maria,
chief accountant, Omsk
Precautionary measures
However, friendship will not interfere with work (rather, on the contrary), if you learn to draw a clear line between personal and work relationships.
TIP 1. Maintain subordination. As soon as you stepped over the threshold of the office, forget that the boss is your good friend Tolik. Within the walls of the office, he is for you - Anatoly Petrovich. If other employees refer to him as "you", then you should do the same. Do not allow yourself any familiarity and familiarity in relation to the boss, even face to face. You will be doing him a huge favor by doing this.
TIP 2. Do not advertise your friendly relations with the boss. So you will avoid various manifestations of hostility from colleagues - from whispering behind your back to open hostility. And it's probably needless to say that under no circumstances should you divulge any facts about your boss friend's personal life. However, the opposite is also true. You should not tell your boss friend anything about the rest of your colleagues, as they say, for the sake of jokes. This is justified only in the case when someone from the team starts something that can harm the boss and his company.
TIP 3. Take responsibility for your responsibilities. You have come to work. And the best thing you can do, being subordinate to your friend, is to contribute to the prosperity of the common cause and increase your own professionalism.
“I think so: if a person uses friendships to get some benefit for himself at work (it doesn’t matter if he is a boss or a subordinate), then sooner or later such relationships will come to an end. It all depends on the degree of arrogance of one and the long-suffering of the other. Collaboration - as a catalyst, allows you to determine how reliable the person you consider your friend is. If the friends did not happen to work together, the desire of one of them to use the other for their own purposes would still manifest itself in some other situation. Perhaps much more critical. A real friendship, I'm sure, is only for the benefit of joint work. Because everyone gives all the best, not wanting to let down loved one. Even if some misunderstandings arise, friends will simply talk frankly and remove the problems that have arisen.
Yuri,
entrepreneur, Vladimir
In any case, if a friend or girlfriend invites you to their job, carefully consider their offer. After all, not only potential work is on the scales, but also long-term a good relationship. And the risk of losing both is quite high.
Margarita Smurova
13.02.2015 | 618
Working in a team led by your friend is a very tempting prospect. But let's see if this is worth doing and how this development of events will affect further relations.
Finding a profitable and promising job is a troublesome process. “Warm” places have long been dismantled, free ones are rarely attractive, and the search for a compromise option can drag on for months. The idea of hinting about a problem with employment to a friend or girlfriend who has the opportunity to form a team suggests itself. But, alas, not everything is so simple.
Benefits of working in the same team with a friend
When thinking about working in a friend's team, the imagination paints a rosy picture. The first days of adaptation will be much easier, since a friend has probably already talked about the intricacies of his work and its specifics more than once, and there will always be someone to turn to with a question. It seems tempting and the prospect of more frequent communication.
A friend will always provide support at work
The ability to receive information "from the bottom" also cannot be discounted. Some problems that may not be visible from the height of a commanding chair, a friend will convey intelligibly and in detail.
In general, there are enough reasons why you should go to work with a friend.
Friend or boss - the disadvantages of working in submission to a friend
Practice shows: the slightest excesses will turn advantages into disadvantages. Availability common theme, understandable and relevant for both, turns into a complete absence of other interests. Having gathered at the table on the occasion of the celebration, the friends in a few minutes move on to production problems.
Getting into a “boss and subordinate” relationship can feel awkward for both partners, especially if the first had to make some efforts to provide a vacancy to a friend, and the second knows about it. This problem arises if the relationship between friends is really warm and friendly.
Collaboration can ruin even a strong friendship
It is more difficult for a subordinate if the boss voluntarily or involuntarily wants gratitude for a perfect deed. Relationships in this case begin to crumble before our eyes. Any request to take on additional responsibilities is perceived as pressure, an attempt to make a remark as part of the production process as a reminder of a favor. Refusal will seem ugly both from the position of a friend and from the position of a subordinate. There is no one to even complain and discuss these problems with: a friend has turned into a boss.
Problems in the team are also to be expected: other employees are not always ready to have a friend of the boss as colleagues. The boss's friend is most often perceived with hostility, since it is he who is predicted to be unreasonably fast promotion and it is with his "denunciation" that the punishments imposed by the boss are associated.
Rules of conduct with a boss-friend
- Work issues should be resolved only at work, and friendly issues should remain outside of it.
- The form of addressing the boss during work should not turn into a familiar one, regardless of whether one of the colleagues is nearby or not.
- A complete refusal to demonstrate one's status and the full performance of all official duties will help to establish relations with the team.
- Claims for pay raises and other benefits must be strongly justified.
If the feeling of discord still began to visit, and the prospects for resolving the problem with a serious conversation are not foreseen, the choice of “boss or friend” will still have to be made. Perhaps it will not be in favor of work, because Good work sooner or later you can find, and true friendship is not easy to find.
After lengthy consultations in the Prosecutor's Office and the Constitutional Court, the Ministry of Justice finally made an explanation of who, in accordance with the Anti-Corruption Law, is considered a relative and cannot work in subordination to each other.
We are talking about changes that affect two categories of people:
- civil servants;
- public officials and equivalent persons.
A civil servant is a citizen of the Republic of Belarus who holds a public position in a state body in accordance with the procedure established by law. In cases where it is directly provided for by legislative acts, civil servants are persons working in a state organization;
Public officials and persons equated to them include not only civil servants, but also persons who do not perform public service. Namely, public officials are persons holding positions in public organizations (for example, the head physician of a hospital, the rector of a university, the chief accountant of a state-owned enterprise)," the Ministry of Justice explains.
Prior to the entry into force of the Law of the Republic of Belarus "On Combating Corruption", there were restrictions on the joint public service of close relatives and in-laws (parents, spouses, children, siblings, as well as parents, children, siblings of spouses), established by the Law of the Republic Belarus "On public service in the Republic of Belarus". These persons were not accepted into the civil service in the case of direct control and subordination (however, when Lukashenka's son became his father's assistant, the law enforcement officials did not notice violations of the law in this, for some unknown reason).
However, earlier restrictions applied only to civil servants, and now the list has been replenished with "persons equated to them."
"With the entry into force of the Law (since January 29, 2007), the circle of persons who are subject to restrictions related to the passage of civil service has expanded. This has affected adoptive parents, adopted (adopted), grandfather, grandmother, grandchildren. Close relatives (in-laws) cannot pass public service with direct subordination. In the event of such situations, one of them is subject to transfer or dismissal, - reports the Ministry of Justice. - The restriction in question applies only to those public organizations in which a person performs public service and is a public servant in cases expressly provided for by legislative The established restrictions do not apply to other state organizations (systems of education, healthcare, science, culture, sports, social security, etc.).
With this in mind, for example, a daughter-in-law cannot work as a notary in a notary's office headed by her mother-in-law; the grandson cannot work in the department of the executive committee, the head of which is his grandmother; spouses cannot work under conditions of subordination in the district land management and geodetic service, etc.
The Law of the Republic of Belarus "On Combating Corruption" introduced the concept of public officials and equivalent persons. These persons include not only civil servants, but also persons who do not serve in the civil service.
For example, public officials are persons holding positions in public organizations (director of the House of Culture, dean of the faculty of an educational institution, head of a laboratory of a research institution, etc.). However, for persons holding positions in state organizations, the Law of the Republic of Belarus "On Combating Corruption" imposes certain restrictions on engaging in certain types of activities. So, for example, they do not have the right to engage in entrepreneurial activities, take part personally or through authorized persons in the management of a commercial organization, etc.
As for the joint work of such persons, only the restriction established by Article 27 of the Labor Code of the Republic of Belarus applies to them. Namely, joint work of close relatives (in-laws) in the same state organization (separate subdivision) is prohibited if their work is connected with the direct subordination or control of one of them to another. This prohibition applies only to persons working in the positions of manager, chief accountant (his deputies) and cashier.
Thus, the joint work of spouses, parents and children, other close relatives (in-laws) occupying the positions of chief physician (father) - general practitioner (son), head of the laboratory (father-in-law) - researcher (son-in-law) in the same state organization ), head of the library (sister) - librarian (brother), dean (grandfather) - head of the department (grandson), etc. does not conflict with applicable law.
