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The subject of labor law. Labor Law

Russian labor law began to take shape in the 19th century. At that time, it was very obvious that the regulation of working relations by civil provisions was extremely inefficient. The state needed to intervene in the situation that took place in the labor market. subject of labor law

First steps

The domestic system of labor law began its formation with the adoption of separate disparate laws. They set certain restrictions on the employers' power. However, it was through them that the labor rights of the most vulnerable working groups — children and women — were protected.

Gradually, legislation began to acquire the features of codification. This is evidenced by some norms of labor law, the content of which is aimed at ensuring integrated regulation of working relations. The most significant result of the pre-revolutionary stage of codification was the 1913 Charter on Industrial Labor. The first legal act, which concerned the conditions for admitting people to industrial enterprises, was the Regulation governing relations between the owners of factory establishments and the workers who came to them. It was approved in 1835. The Regulation contained an important prescription that entry into a working relationship should be based on voluntariness. This, however, ended the freedom of contract. Before the expiration of the term, the agreement could not be terminated. The exception was cases of employee non-fulfillment of duties or violation of discipline. These circumstances gave the employer the right to dismiss the worker. The regulation also provided for routine rules within the enterprise. They were mandatory for all employees.

The system of labor law in Soviet times

During the first months of the existence of the USSR, a number of legal requirements were adopted. These norms of labor law were aimed at regulating social relations in the wage-labor sector. In particular, the Decree of the Council of People's Commissars on the establishment of an 8-hour day, the Ordinance on Vacations, and the Decree on Pregnant Women and Childbirth were adopted. So began to strengthen labor law. An employment contract was provided for in the relevant Regulation of July 2, 1918. It established working conditions and rates for its payment. These and other legal acts became the basis on which labor law was formed. An employment contract, company rules and other regulations were subsequently systematized. As a result, in December 1918 one of the most important documents was adopted. labor law concept

Labor Law: Code

As a result of the systematization of the provisions, a single Law was adopted. In its first section, the Code established for all citizens, except for persons under 16, over 50 and who had lost their ability to work due to illness or injury, work duty. Attracting people to enterprises was carried out with the help of distribution departments. At the same time, the labor contract as the foundation for the emergence of a working relationship was forgotten for several years. In 1922, on October 30, the second collection of legal acts was adopted. The new Code arose in the context of an economic policy that recognized freedom of enterprise and private ownership. This Legislative Assembly was fundamentally different from the previous one. Its main feature was the provision on voluntary recruitment. At the same time, the new Code allowed engaging in labor service in exceptional cases.These, for example, included the fight against the consequences of a natural disaster, the fulfillment of state tasks with a shortage of labor, and so on.

Prewar years

During this period, labor legislation was again reformed. Non-economic coercion to work was reintroduced. Along with this, the right to dismiss at one’s personal request was significantly limited, and responsibility for unauthorized transfer to another enterprise and leaving work was tightened.sources of labor law In 1940, criminal punishment was introduced for absenteeism without a valid reason, which was understood as any delay or premature termination of work more than twenty minutes before the end of the day. In 1941, on January 18, the Model Rules were adopted, establishing the internal routine in enterprises. Warranties in the field of standardization of payments, time for rest and work, and resolution of collective disputes have significantly decreased. Employers were forbidden to raise salaries and improve working conditions. In wartime, labor service and mobilization were again introduced.

Modern realities

In 2001, on December 30, 4 Labor Code was adopted. Work on his project lasted about ten years. The original edition was published for review and discussion. This was done to take into account the interests and needs that subjects of labor law have - workers, employers, trade unions. Throughout the development of the project, several conventions have been ratified. All of them related to the regulation of relations in the work sphere. The new Code of Laws is based on international principles of labor law. As a result, such crucial issues as safety and hygiene in the workplace, equal treatment and equal opportunities for men and women and others were settled.

Work relationship

They constitute the subject of labor law. This category includes 9 types of relationships:

  • To promote employment and placement in a particular enterprise.
  • The working relationship of the employer and employee on the conditions and use of labor. The main type of interaction in this area is the professional activity of an enterprise employee in accordance with the function agreed upon with him when fulfilling disciplinary instructions. Labor relations exist for all workers who daily perform an individual task in the general work process at a particular production and are members of the team. These relations reflect the volitional part of the interaction of persons in connection with the fact that they cease and appear by agreement of the parties.
  • On the organization of professional activity and its management.
  • On social partnership, collective bargaining and social partnership agreements, negotiating.
  • For advanced training, retraining and training of workers directly at this enterprise.
  • To ensure the interaction of control and supervisory bodies with the administration of the enterprise to address labor protection issues and compliance with the Labor Code.
  • On the liability of the employer and employee for damage caused to the enterprise through the fault of any party.
  • On the participation of trade unions and workers in the establishment of appropriate working conditions and the application of the provisions of the Labor Code in cases stipulated by law.
  • By resolution of collective or individual disputes.

Sources of Labor Law

They vary depending on the legal forms in which universally binding regulations and other rules emanating from the state are embodied. Sources of labor law are special acts. They are laws, decrees, decrees and other provisions. They are called upon to regulate labor relations and related directly or derived from them. This category also includes local acts of employers and employees themselves.In this case, we are talking directly about the employment contract, which is concluded upon admission to the enterprise. This category also includes various kinds of agreements adopted at different levels (from general to tariff). They are based on bilateral cooperation with employers 'and workers' organizations through their representatives, on trilateral - with the participation of government bodies. These agreements and the collective agreement are also referred to as social partnership acts.

Differentiation of legislation

In view of the specifics of various economic sectors and the non-productive sphere, the mechanism for regulating working relations is characterized by a wide area of ​​distribution of the legal base. However, it does not cover the above acts. The principles of labor law, on the basis of which there is such a distinction, are given in the current Code of legal requirements. This situation is reflected in the titles of articles of the Customs Code. So, Art. 5 is referred to as: "Labor law and other acts containing labor law standards." This clearly indicates the distinction. labor lawThe concept of labor law and legislation do not coincide. However, they share one common property. Both that and another acts as sources of law. Elements of the latter category, as mentioned above, differ depending on the legal forms in which universally binding precepts and other provisions are embodied, emanating from the state or adopted through agreements directly at enterprises. This, in turn, means that the term “sources” is broader than “legislation”, since it includes both it and other legal acts.

Kinds

The sources of labor law primarily include the Constitution. This document, adopted in 1993, has the highest legal force. The constitution is endowed with direct action. The Basic Law establishes provisions defining the concept of labor law. The Constitution enshrines the initial principles inherent in all sectors. This applies to the work sector. After the Basic Law, the Code is considered the most important document regulating labor relations. It is a codified legal code.

The Constitution proclaims the priority of internationally recognized human rights regulations over state law. In accordance with the Universal Declaration, which was adopted in 1948, other fundamental acts relating to the sphere of working relations, the general provisions should be reflected in the national legal framework. Compared to prescriptions, principles are considered a more stable category. At each stage of state development, it has its own characteristics and reflects the essence of changes in the sphere of working relations. Along with this, the principles remain fundamental principles for the subsequent formation of legislation.

Structure Features

The category of sources of labor law has certain features. In particular, it includes special and general legislation. The latter applies throughout the country to all employees. Special legislation reflects differences in standards. It applies to specific work categories. The general provisions are governed by the presence of special acts that take into account the specifics of the conditions and nature of professional activity, and the physiological characteristics that subjects of labor law (minors, women), and other distinctive features that exist objectively and recognized by the state as grounds for differentiation. labor law principlesThe whole structure is divided directly into laws and regulations. The structure includes legal provisions that are adopted by the federal and subjective bodies of state power of the country.Together with the Labor Code, the subject of labor law is regulated by the Federal Law "On Employment", on the basics of protecting labor activity, collective agreements, the procedure for resolving disputes, minimum wages, and trade unions. Of particular importance are regional regulations. These acts regulate social partnership, the activities of trade unions and so on.

Collective agreements

They also regulate the subject of labor law. Their action is carried out in conjunction with state acts, as well as prescriptions and resolutions of municipal authorities. Collective agreements include contracts and contracts concluded after negotiations. parties to social partnership. Despite the fact that they are not accepted by state bodies, they contain regulatory provisions. In recent years, the subject of labor law is also regulated by new agreements - tariff, general, intersectoral, regional, territorial and others. They are concluded on a bilateral or tripartite basis and express the interaction of social partnership between representatives of employers and employees. The third party may be the relevant government agency.

Local acts

Employers and employees can participate in the creation of provisions that legislatively enshrines the labor law of the Russian Federation through representatives. Local acts should include:

  • Staffing schedule.
  • Bonus Terms.
  • Rules of the company.
  • Job descriptions.
  • Shift schedule and others.Russian labor law

Those local acts that may worsen the working conditions of the employee with respect to the legislation, or if they are adopted in violation of the procedure for taking into account the views of the representative working body, shall not be applied. In this case, these provisions are invalidated. This means that the act does not give rise to legal consequences from the moment of its publication.

Recognition of invalidity is within the competence of the Constitutional Court. However, local acts cannot be considered in this instance. In this regard, it would be more correct to say that such provisions are recognized as infringing on the rights of workers, not acting upon the appeal of interested persons by the labor inspectorate or the court. It should be noted that in some organizations the development of local acts is not carried out. This is due not so much to the reluctance of employers to do this, but to the lack of knowledge about the adoption of such provisions. As a result of this, it is considered advisable to develop approximate (recommendatory, model) regulatory acts that employers could be guided by.

Position of workers

A significant difference in the structure of sources of labor law from that in other sectors is that in the first there is a provision on "not worsening" the conditions of professional activity. This means that an act with less legal force cannot worsen the position of an employee in comparison with an act that is higher. Moreover, the improvement of the conditions of professional activity cannot act as a contradiction.


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