Description of the Labor Code of the Russian Federation. Basic provisions of the labor code Labor Code of the Russian Federation summary

The most important source of labor law is the Labor Code of the Russian Federation. The Code came into force on February 1, 2002, and from this date the Labor Code of 1971 with all its amendments and additions ceased to be in force. The new Labor Code of the Russian Federation is the fourth in a row. The first was adopted in 1918. With its adoption, an independent branch of labor law was formed that regulates labor.

The second Labor Code (1922), which was in force for almost 50 years, unlike the first, provided for the norms of all labor law institutions, except for the norms on ensuring employment. This Labor Code of the RSFSR played a big role in the development of labor law not only in Russia, but also in other republics of the former USSR, and had a certain influence on the international legal regulation of labor, ILO conventions and recommendations on the most important labor issues.

The Third Labor Code of the Russian Federation, adopted in December 1971 and entered into force on April 1, 1972, was amended 12 times over the 30 years of its validity. But the most dramatic changes were made by the Law of September 25, 1992. This Labor Code significantly expanded the rights of workers and their guarantees, the rights of trade unions and generally consolidated the powers of labor collectives. In accordance with the Federal Law on Employment of 1993, Chapter was added to it. 1P-A on promoting employment and employment.

The newest Russian federal laws regulate many labor issues in a new way. Therefore, a number of articles were excluded from the Labor Code and references were made to the relevant laws.

The Federal Law of July 17, 1999 “On the Fundamentals of Labor Protection in the Russian Federation” (Law of the Russian Federation, 1999, No. 29, Art. 3702) has a wide scope, exceeding the scope of labor law, since it also applies to labor in other industries law (civil, administrative). Federal laws such as “On the social protection of disabled people in the Russian Federation” dated November 24, 1995 No. 175-FZ, “On trade unions, their rights and guarantees of activity” dated January 12, 1996 are also of significant importance. No. 10-FZ.

The right of legislative initiative according to Art. 104 of the Constitution of the Russian Federation are the President of the Russian Federation, the Federation Council and each of its members, deputies of the State Duma, the Government of the Russian Federation, representative bodies of the constituent entities of the Federation, as well as on issues within their jurisdiction - the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

The Labor Code has a total of 424 articles, grouped into 14 sections, six parts and 62 chapters.

The New Code, as stated earlier, retained 70 percent of the content of the Labor Code norms. But it significantly filled in the gaps in the Labor Code and created a number of new standards that better meet current realities in the world of work. The Code has increased the importance of social-partnership relations in the sphere of labor, especially at the organizational level, both individual and collective, expanded the range of issues regulated by contractual procedures, and developed mechanisms for ensuring the implementation of labor contracts. The Code improves the regulatory and protective functions of labor law.

On the one hand, it increased the guarantees of workers’ labor rights, for example, on the minimum wage not lower than the subsistence level, on the legal consequences of delaying the payment of accrued wages to an employee, on a shorter (six-month) period for the first vacation in a given organization, etc. On the other hand, On the other hand, as indicated, there are also shortcomings in the Code, which, it seems, will be reduced in the process of its practical application.

And the biggest drawback of the Labor Code, in our opinion, is precisely the absence in it of the most important issues today: about the right to work, its concept, its clear guarantees, about the promotion of employment and employment, about the powers of labor collectives, which are gradually being recognized all over the world, but in our country, industrial democracy, which is recognized by the world, has been significantly curtailed by the Code.

The Code, as indicated, has 14 sections with the following names:

Section I. "General Provisions".

Section II. "Social partnership in the sphere of labor."

Section III. "Employment contract".

Section IV. "Work time".

Section V. "Rest time."

Section VI. “Payment and labor regulation.”

Section VII. "Guarantees and compensation."

Section VIII. “Work schedule. Labor discipline."

Section IX. "Training and retraining of personnel."

Section X. “Occupational Safety and Health.”

Section XI. “Financial liability of the parties to an employment contract.”

Section XII. “Features of labor regulation of certain categories of workers.”

Section XIII. “Protection of workers' rights. Resolution of labor disputes. Responsibility for violation of labor laws."

Section XIV. "Final Provisions", which has no chapters.

As we can see, sections of the Labor Code reflect, as a rule, independent institutions of labor law (in the Labor Code this was in chapters).

All other acts of labor legislation, both federal and constituent entities of the Federation, local governments and local ones, adopted by the organization must comply with the Code and not contradict it. Regulatory decrees of the President of the Russian Federation on issues of labor and relations directly related to them should not contradict the Code and other federal laws (Article 5 of the Labor Code).

In the event of a conflict between the Code and another federal law, the Code shall apply. And if a newly adopted federal law contradicts the Code, then this law will be applied only if appropriate changes are made to the Code.

The Labor Code of the Russian Federation is a set of labor laws that regulate labor relations between employees and employers. With the help of these laws, the basic rights and obligations of those involved in the labor process are established.

With the help of TC they are created optimal working conditions and there is an agreement in labor disputes according to the laws. The Labor Code guarantees workers the right to protection of dignity, social insurance, and compensation for harm caused to the employee’s health in the process of work.

The Labor Code of the Russian Federation was adopted on December 30. 2001 and has the designation 197-FZ. In the process of using the Labor Code, as necessary, changes and additions are made to it related to the new requirements of working life. The TC version 2016 consists of 424 articles, located in 62 chapters, 14 sections and 6 parts.

Who needs to know TC?

The main provisions of the Labor Code should be understood, first of all, by employees and employers.

Workers need to know the basic provisions of the laws in order not to be deceived in financial payments and to have their rights violated, including the right to rest.

Employers must be aware of the provisions of the code in order to ensure all workers' rights and avoid unnecessary confrontations and. At the same time, almost all conflicts that arise between the two parties involved in the labor process can be resolved with the help of the Labor Code.

The main provisions of the Labor Code must also be presented to young people who are just entering the workforce. Knowing their rights and obligations described in the Labor Code, they will be able to correctly assess the correctness of the agreement concluded with the employer.

Accurate knowledge of the Labor Code is necessary for those people who often encounter the practical application of the code. This applies to personnel department employees, heads of enterprises and companies, and labor protection department employees.

Thus, with the help of the Labor Code of the Russian Federation, the entire range of relationships that exist in the process of labor activity is regulated.

Brief history of labor legislation in Russia

The labor code was first adopted in France in 1910. In Russia, labor legislation was introduced in 1918 in the form of the Labor Code (LC). This Labor Code, with amendments and additions, was in force until the adoption of the new Labor Code of the Russian Federation.

Comparison of Labor Code and Labor Code

Compared to the Labor Code, the Labor Code has the following main differences:

the Labor Code contains 424 articles, while the Labor Code contained only 225 articles. This speaks to the expansion of the scope of labor laws;
The Labor Code is focused on market relations in the country, a variety of forms of ownership, and the acceptance of labor resources as a commodity, while the Labor Code was designed for regulated labor;
The Labor Code regulates the entire variety of labor relations without reference to any by-laws. In the Labor Code on issues related to market relations there were references to other laws;
The Labor Code provides a minimum set of rights and obligations for employees and employers, which gives wide scope for the terms of a real employment agreement. According to the Labor Code, all employers and employees had the same set of rights and obligations;
a new concept of “social partnership” has been introduced into the Labor Code. Thus, the contractual nature of labor and equality (partnership) of workers and employers are declared;
According to the Labor Code, when going to work, a mandatory written labor agreement is required. According to the Labor Code, such confirmation is not necessary - it was enough to go to work.

What employees and employers need to know

Sections of the Labor Code

The Labor Code of the Russian Federation consists of 6 parts.

First part

Dedicated to the basics of labor legislation, concepts, principles and objectives of the code. It introduced articles related to the prohibition of discrimination in labor activities, forced labor, the delimitation of labor powers between various branches of government, as well as the priority of the Labor Code over other labor laws.

This section provides a general concept of employee and employer and defines labor discrimination and forced labor. At the same time, the concept of forced labor in the Labor Code has a broader interpretation than in the ILO Convention. The Labor Code also includes forced labor in cases where the employer does not fully pay or forces the employee to work in conditions that pose a danger to his life or health.

In Art. 20 defines the concepts of employee and employer. An employee is a person who has entered into an employment relationship with an employer. The employer may be or.

Second part

Relations in the sphere of labor are considered as social partnership. The basic concepts and principles of social partnership are given. At the same time, social partnership is understood as a system that determines the relationship between employees, employers and authorities. This system must reconcile the interests of the parties involved in the labor process.

Trade unions are recognized as representatives of employees in the Labor Code, and managers of enterprises or other authorized persons are recognized as representatives of the employer.

The third part

Dedicated to the employment contract, which is the main instrument of labor relations and regulates them from conclusion to termination of the contract.

The concept of an employment contract includes the responsibilities of the employer and the employee.

The employer is obliged to provide for the performance of labor activities and pay wages, and the employee must work and maintain discipline.

This part of the Labor Code deals with the issues of concluding, amending and terminating an employment contract. It also introduces the concept of employee personal data, which the employer is obliged to protect.

The fourth section of Part 3 of the Labor Code introduces the concept and discusses various options for its use. In accordance with the Labor Code, working time is the time an employee performs his labor duties in accordance with the employment contract.

Working time also includes some periods of time classified as working time according to the laws of the Russian Federation and the Labor Code of the Russian Federation. In this case, normal working hours are 40 hours per week.

Section 5 of the third part of the Labor Code is devoted to the concept of rest time, that is, time , during which the employee is freed from work and during which he can rest.

This section covers different types of rest time, from lunch breaks to. In particular, the employee must be given a meal break of at least 30 minutes. Depending on the length of the working week, 1 or 2 days of rest must be provided per week.

Every employee must be granted 28 days' annual leave with pay.

Section 6 of the Labor Code is devoted to labor standards and remuneration. The concept of wages was introduced, which represents remuneration for work depending on the complexity of the work and the qualifications of the employee. In addition, the salary may include compensation and.

This part also describes various systems of remuneration and standardization.

Fourth part

Here we consider the labor relations of certain categories of workers, such as teenagers, managers, part-time workers, seasonal workers, and shift workers. Categories such as homeworkers, remote workers, people working in the Far North and other categories of workers are also considered.

Fifth part

Dedicated to the protection of labor rights and freedoms, consideration of labor disputes, including with the participation of trade unions.

Sixth part

The final part of the Labor Code provides the procedure and timing for the implementation of this code.

The Labor Code of the Russian Federation is the main legislative act, based on generally recognized principles and norms of international law and the Constitution of the Russian Federation, regulating relations in the labor sphere. The Labor Code of the Russian Federation came into force on December 30, 2001, replacing the Labor Code of the RSFSR.

The Labor Code defines the main goals of labor legislation:

State guarantees of labor rights and freedoms of citizens;

Creation of favorable working conditions;

Protection of the rights and interests of employees and employers, etc.

The Labor Code defines the main tasks of labor legislation aimed at creating the legal conditions necessary to achieve maximum coordination of the interests of the employee, employer and state.

The basic principles of legal regulation of labor relations are defined:

Freedom of labor, including the right to work;

Prohibition of forced labor and discrimination in the labor sphere;

Unemployment protection;

Equality of rights and opportunities for workers;

Ensuring the right of every employee to timely and full payment of fair wages, etc.

The structure of the Labor Code of the Russian Federation consists of 6 parts, 14 sections, 62 chapters and 424 articles:

1. The first part includes 2 chapters, which reveal the basic concepts, principles, goals and objectives of labor legislation and labor relations; the parties to labor relations and the grounds for their occurrence are identified.

2. The second part consists of 29 chapters, which are devoted to social partnership in the world of work. The following are defined here: the concept, basic principles, parties, levels, representatives, bodies and forms of social partnership. Particular attention is paid to collective negotiations, contracts and agreements, the responsibility of the parties to the social partnership and liability for violation or non-fulfillment of the collective agreement are established.

3. The third part of the Labor Code contains 5 chapters, they reflect the main provisions, concept, parties, terms and content of the employment contract. The conditions for concluding, amending and terminating employment contracts are also determined. Attention is paid to such concepts as: working time; Time relax; wages and labor standards; guarantees and compensation; labor discipline; work schedule; vocational training, retraining and advanced training of workers and labor protection, the financial responsibility of the employee and the employer is determined.

4. The fourth part contains 15 chapters that will determine the features of labor regulation for certain categories of workers: women; persons with family responsibilities; persons under 18 years of age; persons working part-time; persons working on a rotational basis, etc.

5. In the fifth part, 8 chapters are devoted to the protection of labor rights and freedoms, consideration and resolution of labor disputes, liability for violation of labor laws and other acts containing labor law norms.

6. The sixth part is the final provisions of the Labor Code, the timing and procedure for its entry into force.

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Introduction

Chapter 3 Structure of the Labor Code of the Russian Federation

Conclusion

Bibliography

Introduction

The level of development of society is largely determined by the effectiveness of legal regulation of social relations. The human right to work is a fundamental human right, and the state of legislation and the real state of affairs in the field of implementation of this right is not only an indicator of the civility of a society, but also directly affects its morality and the efficiency of its economy.

A significant drawback of the current state of labor relations is the lack of a clear mechanism for implementing the principles laid down in the legislation. There are many reasons for this. This includes an insufficiently clear division of issues to be resolved by levels of normative acts, and the inconsistency of these acts with each other, and the absence of special bodies and procedures, and an insufficient level of legal technology, and much more.

On December 30, 2001, the President of the Russian Federation signed the Labor Code of the Russian Federation, which came into force on February 1, 2002.

The Labor Code of the Russian Federation defines the goals and objectives of labor legislation, formulates the basic principles of legal regulation of labor relations and other directly related relations, which are based on generally accepted principles and norms of international law and the Constitution of the Russian Federation.

Of course, it would be a big mistake to consider the issues of regulating relations in the sphere of labor in isolation from the general problems of macro- and microeconomics, from social problems. Any problems can and should be solved only in a comprehensive manner. However, each branch of legislation has its own specific methods of influencing the social relations it regulates.

Labor legislation is designed to provide legal norms for the implementation of fundamental labor rights and obligations of subjects of labor law, i.e. workers and employers, trade unions and other subjects of this branch of law, being guarantees of these rights and obligations. General legal and intersectoral, as well as sectoral principles of Russian law are enshrined, first of all, in the Constitution of the Russian Federation, the Labor Code of the Russian Federation, Federal laws of the Russian Federation regulating legal relations in the sphere of labor, as well as other by-laws. This demonstrates the relevance of the chosen topic.

The theoretical and methodological basis of the study consisted of four groups of sources. The first category includes author's publications on the issues under study. The second category includes educational literature (textbooks and teaching aids, commentaries on legislation). The third category includes scientific articles in periodicals on the issues under study. And the fourth category includes the regulatory legislation of the Russian Federation.

The following research methods were used during the study:

Analysis of the existing source base on the issues under consideration (method of scientific analysis);

Generalization of points of view presented in the source database (method of scientific synthesis and generalization).

The object of the work is a general description of the provisions of the Labor Code of the Russian Federation.

The subject of the study is the disclosure of issues related to the main provisions of the Labor Code of the Russian Federation.

The purpose of the work is to study the general characteristics of the Labor Code of the Russian Federation.

The stated goal determines the research objectives:

1. Consider theoretical approaches to revealing the topic of the course work;

2. Identify the main problem in modern conditions;

3. Conduct and identify trends in the development of the topic.

The work consists of an introduction, main chapters, a conclusion, and a list of references.

The introduction substantiates the relevance of the choice of topic, defines the subject, object, goal and corresponding tasks, characterizes research methods and sources of information, and shows the significance of the chosen topic.

The first chapter examines the historical development of the chosen topic. In the second, the basic principles of labor legislation of the Russian Federation are determined and the relevance of the topic is determined.

In Chapter Three, the same concepts are discussed, but with specifics for each section of the Labor Code of the Russian Federation.

The conclusion summarizes the work done and presents conclusions on the main categories of the selected topic.

Russian labor code

Chapter 1. Formation and development of labor legislation in Russia

It is well known that human society cannot exist without its members using their abilities to work. Labor is undoubtedly the main and inalienable condition for the existence of this society. A huge number of scientific studies by representatives of various sciences have been devoted to the analysis of this phenomenon.

Relations that arise in society regarding the use of labor require one way or another to regulate them on the part of society. If at the first stages of the development of human society these relations were regulated by customs, then later, with the emergence of the state, the need arose to regulate them using such a universal means as law.

Labor law occupies one of the leading positions in any legal system, but this state of affairs did not develop immediately. Although labor activity has always been inherent in human society, labor law emerged relatively recently as an independent branch.

At first, the state practically did not interfere in the regulation of this type of human activity such as labor. Free citizens used their abilities to work as they pleased (or did not use them at all), while the labor of the “unfree” (slaves, peasants under feudal dependence, etc.) did not need special regulation, since these “unfree” themselves “Citizens were equated to things and were considered only as tools of labor.

Slowly, gradually, humanity came to a stage of its development when, in relatively economically developed (by the standards of that time) countries, a situation was created in which the overwhelming majority of citizens became formally free people. Bourgeois revolutions of the 17th-18th centuries. turned these citizens from an object of law into its subject, but most of them were deprived of property - to the extent that would allow them to exist at the expense of this property.

Citizens can exercise their right to work in a variety of forms. However, the majority of the population in all countries of the world is part of the army of hired workers. The first attempts to regulate social relations in the sphere of wage labor were made in the 19th century, during the era of industrial revolutions.

Society and the state of that time came to realize the need to protect wage earners from excessive exploitation. The goal was clear - to create maximum conditions for the normal reproduction of the workforce and preserving the health of the nation.

In the middle of the 19th century. In European countries, the first laws were adopted to limit working time (primarily this concerned the working time of women and children, then this approach was extended to men).

This was the start of the formation of a new branch of law. From its very inception it had a social purpose. This is explained by the fact that the task of this new branch of law was initially such legal regulation of relations associated with the use of hired labor, which would ensure, on the one hand, equality of the parties when concluding relevant contracts and taking into account their interests, and on the other hand, the need to protect economically more weaker employee from an economically stronger employer.

In Russia, the first legislative acts regulating labor relations appeared at the end of the 19th century, but at that time it was hardly possible to talk about the emergence of an independent branch of law. The state tried to somehow regulate certain aspects of relations related to labor; these attempts went beyond the sphere of private regulation, but this was not yet labor law in its modern understanding. Nevertheless, at the beginning of the 20th century. there was already quite a large number and scope of regulatory material regulating many aspects of labor relations. Thus, in the Code of Laws of the Russian Empire, the provisions of regulations governing the use of labor in industry were combined into a special single act - the Charter on Industrial Labor, which became the main source of factory legislation in Russia.

As a branch of law, labor law appeared in Russia almost after 1917. One of the first codified acts of the Soviet Republic was the Labor Code of 1918. Then, during the NEP years, the Labor Code of 1922 was adopted. By the way, the norms of Russian labor legislation of the 20s. last century had a serious influence on the development of this branch of law. They were very progressive for that time, and their presence forced other states to pay more attention to the problem of the relationship “between labor and capital.”

The ongoing reform of Russian labor law is intended to create conditions for more effective functioning of the mechanism of legal regulation of labor relations.

So, as stated above, in 2001 the Labor Code of the Russian Federation was signed.

However, its consideration, within the framework of this work, is impossible without initially establishing the principles of Russian labor legislation, which will be discussed further.

Chapter 2. Basic principles of the Labor Code of the Russian Federation

2.1 General characteristics of the principles of the Labor Code of the Russian Federation

It is well known that law appears in the form of specific regulations (permission, command, prohibition, etc.), and a rule of law is a model of behavior of people, organizations, and other subjects of law in various life situations. To understand the meaning of a rule of law, they resort to interpretation, which is of no small importance. However, knowing the content of specific legal norms is not enough for their implementation and correct application. It is necessary to identify the connection between a rule of law and other legal norms, their interdependence, and determine the main features of their content and main focus.

Principles perform this function. Of course, principles do not arise just like that; they are a product of human consciousness, a reflection of objectively existing relations between people (economic, political, morality, etc.). Therefore, we can say that legal principles are guidelines (ideas), initial principles that characterize the main features of the legal regulation of social relations.

Legal principles should also be distinguished from specific legal norms. Establishing a general rule of behavior based on a guiding idea, a legal principle does not contain the basic elements of a legal norm (hypotheses, dispositions, sanctions). With its help it is impossible to regulate the specific relationship between a person and an organization. However, the legal principle makes it possible to correctly understand the essence of the legal norm that regulates these relations. As elements of legal policy, legal principles predetermine the content and essence of not only existing but also future legal norms. Where necessary, they fill gaps in the legislative regulation of certain aspects of social relations that are not regulated by law. In this way, they help practical bodies in resolving issues not yet regulated by specific rules of law, as well as in the correct application of legal rules. This determines the meaning of the basic principles.

According to their scope, legal principles are classified into four types:

1) general legal, characteristic of all branches of Russian law (the principle of legality, democracy, protection of human rights, equality, humanity, etc.);

2) intersectoral principles, fundamental principles and provisions on what is essential in several branches of law (for example, the principle of freedom of labor is inherent not only in labor, but also in administrative and civil law in the part where they are related to labor);

3) sectoral, reflecting the specificity of the norms of a given branch of law, their focus. The principles of labor law, being an expression of the law essential to a given industry, are associated with all or most of its constituent legal institutions (for example, the intersectoral principle of freedom of labor is complemented by the sectoral principle of freedom of the labor contract, which acts as a legal form of labor freedom that provides the greatest degree of self-determination to the parties to the labor contract (employee and employer);

4) intra-industry, reflecting the essence of a group of norms of a certain institution of a given branch of law (for example, the principle of ensuring employment, the principle of the procedure for considering labor disputes or social partnership, etc.). Thus, the nature of labor law norms is expressed by numerous principles related to various levels of the legal hierarchy. There is an inextricable connection and interdependence between these groups of principles, due to the unity of the economic, political and social basis of Russian society.

The principles, being universal and binding, have regulatory significance, are stable, purposeful, and always express the essence of not one, but many groups of legal norms. Consequently, the principles of labor law express the guiding principles of legal policy enshrined in legislation in the field of organization and application of labor of workers and the general direction of development of this system of legal norms. Let's take a closer look at the principles of labor law.

Art. 17 of the Constitution of the Russian Federation provides that in Russia the rights and freedoms of man and citizen are recognized and guaranteed in accordance with generally recognized principles and norms of international law. Social and economic rights that emerged in the 20th century are important for Russian labor law. and enshrined in the UN International Covenant of December 16, 1966 “On Economic, Social and Cultural Rights”, as well as in various conventions and recommendations of the International Labor Organization ratified by our country.

In accordance with the Constitution of the Russian Federation, the basic principles of legal regulation of labor relations and other relations directly related to them in Art. 2 of the Labor Code of the Russian Federation recognize:

1) freedom of labor, including the right to work, which everyone freely chooses or to which one freely agrees, the right to dispose of one’s ability to work, to choose a profession and type of activity;

3) protection against unemployment and assistance in finding employment;

4) ensuring the right of every employee to fair working conditions, including working conditions that meet safety and hygiene requirements, the right to rest, including limitation of working hours, provision of daily rest, days off and non-working holidays, paid annual leave;

5) equality of rights and opportunities for workers;

6) ensuring the right of every employee to timely and full payment of fair wages, ensuring a decent human existence for himself and his family, and not lower than the minimum wage established by federal law;

7) ensuring equality of opportunity for workers, without any discrimination, for promotion at work, taking into account labor productivity, qualifications and length of service in their specialty, as well as for professional training, retraining and advanced training;

8) ensuring the right of workers and employers to associate to protect their rights and interests, including the right of workers to create and join trade unions;

9) ensuring the right of employees to participate in the management of the organization in the forms provided for by law;

10) a combination of state and contractual regulation of labor relations and other relations directly related to them;

11) social partnership, including the right to participation of workers, employers, and their associations in the contractual regulation of labor relations and other relations directly related to them;

12) the obligation to compensate for damage caused to an employee in connection with the performance of his labor duties;

13) establishment of state guarantees to ensure the rights of workers and employers, implementation of state supervision and control over their compliance;

14) ensuring everyone’s right to protection by the state of their labor rights and freedoms, including in court;

15) ensuring the right to resolve individual and collective labor disputes, as well as the right to strike in the manner established by this Code and other federal laws;

16) the obligation of the parties to the employment contract to comply with the terms of the concluded contract, including the employer’s right to demand that employees perform their labor duties and take care of the employer’s property and the right of employees to demand that the employer comply with its obligations towards employees, labor legislation and other acts containing labor standards rights;

17) ensuring the right of representatives of trade unions to exercise trade union control over compliance with labor legislation and other acts containing labor law norms;

18) ensuring the right of workers to protect their dignity during their working life;

19) ensuring the right to compulsory social insurance of workers.

Labor law has its own basic (sectoral) principles, which are closely related to general legal and intersectoral principles inherent in both labor and civil, and partly administrative law in the field of labor. The basic principles of labor law are also enshrined in the Constitution of the Russian Federation. Moreover, in some cases the sectoral principle is combined in a certain way with the intersectoral principle (Article 30); sometimes it is the interdependence of sectoral and intersectoral principles (Part 4 of Article 37 and Articles 45, 46), and in other cases the sectoral principle manifests itself independently (as, for example, in Parts 3, 4, 5 of Article 37), etc.

In Art. 37 of the Constitution of the Russian Federation recognizes freedom of labor and the right of everyone to freely dispose of their abilities to work and choose their type of activity and profession, while prohibiting any discrimination and forced labor. Everyone has the right to work in conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law, as well as the right to protection from unemployment. The right to individual and collective labor disputes is recognized using the methods for resolving them established by federal law, including the right to strike. The right to rest as one of the fundamental human rights is secured by a number of constitutional guarantees. Those working under an employment contract are guaranteed the working hours established by federal law, weekends and holidays, and paid annual leave. Everyone has the right to association, including the right to create trade unions to protect their interests (Article 30 of the Constitution of the Russian Federation). In Art. 7 of the Constitution of the Russian Federation, the Russian Federation is proclaimed a social state that protects labor and people’s health, establishes a guaranteed minimum wage and provides state support for family, motherhood, paternity and childhood, disabled people and elderly citizens.

It should be noted that the principles of labor law are addressed not only to the employee, but also to the employer and other subjects of labor law. In this, as well as in the legislative consolidation of the basic principles of labor law, the Labor Code of the Russian Federation differs significantly from the previously existing Labor Code of the RSFSR.

In the Labor Code of the Russian Federation, the basic principles of labor law are highlighted as the basic principles of legal regulation of labor relations and other directly related relations and are legislatively formulated in Art. 2 Labor Code of the Russian Federation. Additionally, they are disclosed in Art. 3 of the Labor Code of the Russian Federation on the prohibition of discrimination and Art. 4 of the Labor Code of the Russian Federation on the prohibition of forced labor.

Thus, the principles of labor legislation are enshrined in separate articles of the Labor Code of the Russian Federation - Art. 2, 3, 4 sections “General Provisions”, but can also be enshrined in other articles of the Labor Code of the Russian Federation, especially the principles of legal institutions of the industry. Thus, the intersectoral principle of freedom of labor is supplemented and specified in the norms of Section III of the Labor Code of the Russian Federation, dedicated to the employment contract, by the principle of freedom of the employment contract. This principle has not been enshrined in a separate article of the Labor Code, but “follows” from a number of articles where it is enshrined by the method of indirect fixation. Therefore, based on the principle of freedom of labor and freedom of employment contract, an employee who has decided to terminate the employment contract at his own request cannot be detained at work. The employee has this right; he must only notify the employer a certain period of time (usually two weeks) in writing about his resignation of his own free will.

The basic principles of labor law are enshrined in Art. 2 of the Labor Code of the Russian Federation, supplemented by Art. 3 and art. 4, which together constitute 20 principles, a brief summary of which is discussed below in the sequence in which they are established in these articles.

The principle of freedom of labor, including the right to work, corresponds to the Constitution of the Russian Federation (Part 1, Article 37), which proclaimed freedom of labor, the right of everyone to engage in any labor activity of their choice. This principle of freedom of labor, including the right to work, which everyone freely chooses or agrees to, the right of everyone to dispose of their abilities to work, to choose their type of activity and profession, is incompatible with forced labor and discrimination prohibited by law. Otherwise, neither freedom of labor nor the right to work, which everyone freely chooses or freely agrees to, is possible. Every citizen (individual) is free in his choice of work, as well as in the choice of profession and type of activity.

The principle of prohibition of discrimination means that everyone has equal opportunities to exercise their labor rights. No one can be limited in labor rights and freedoms or receive any advantages depending on circumstances not related to the employee’s business qualities. Those exceptions, preferences, as well as restrictions on the rights of workers that are determined by the requirements specific to this type of work established by federal law, or are due to the special care of the state for persons in need of increased social and legal protection, are not considered discrimination. If individuals believe that they have been discriminated against in the world of work, they have the right to apply to the federal labor inspectorate and (or) to the court with a demand to eliminate discrimination and restore violated rights.

In accordance with the Constitution of the Russian Federation (Part 2 of Article 37) in Art. 4 of the Labor Code of the Russian Federation establishes the principle of prohibition of forced labor, which is defined as the performance of work under the threat of any punishment (violent influence), including for the purpose of maintaining labor discipline or as a measure of influence for participation in a strike, etc.

At the same time, types of work are established that are not considered forced labor (conscription, etc.). At the same time, to forced labor, according to Art. 4 of the Labor Code include: violation of established deadlines for payment of wages or payment not in full; the employer's requirement for the employee to fulfill his job duties when the employee is not provided with collective or individual protective equipment or the work threatens the life or health of the employee.

The principle of protection from unemployment and assistance in finding employment corresponds to the right to protection from unemployment enshrined in the Constitution of the Russian Federation (Part 3 of Article 37). This principle is expressed in the Law on Employment, other normative legal acts regulating quotas for jobs, organization of public works, etc. This Law defines the directions of state policy in the field of employment, the procedure for the development and implementation of targeted programs, and provides for the powers of public employment service bodies and etc.

The principle of ensuring the right of every employee to fair working conditions is based on the provisions of Part 3 of Art. 37 of the Constitution of the Russian Federation and Art. 7 of the International Covenant on Economic, Social and Cultural Rights (1966) on the right of everyone to fair wages and equal remuneration for work of equal value, without distinction of any kind; to working conditions that meet safety and hygiene requirements; for rest, leisure and reasonable limitation of working hours and paid periodic leave, as well as remuneration for work on holidays; the same opportunity for everyone to advance in work to the appropriate higher levels solely on the basis of work experience and qualifications.

The principle of equality of rights and opportunities for workers is based on the constitutional principle defined by Art. 19 of the Constitution of the Russian Federation. All employees are granted equal rights regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

The principle of ensuring the employee’s right to timely and full payment of fair wages is revealed by clarifying that fair wages must ensure a decent life for the employee and his family and cannot be lower than the minimum wage established by federal law. The basis of this principle is Art. 7 of the Covenant on Economic, Social and Cultural Rights and Part 3 of Art. 37 of the Constitution of the Russian Federation. This principle is enshrined in the norms of the Labor Code on the system of basic state guarantees for wages (Article 130, etc.), on the regulation of the minimum wage (Article 133), on the regulation of the procedure and timing of payment of wages (Article 136), on limiting its deductions (Article 137), etc. It should be borne in mind that the provisions of Part 1 of Art. 133 of the Labor Code on establishing a minimum wage not lower than the subsistence level of an able-bodied person is not yet in effect. The procedure and timing for introducing the minimum wage, according to Art. 421 of the Labor Code are established by federal law.

The principle of ensuring equal opportunities for workers for career advancement, professional training, retraining and advanced training is based on the provisions of the Covenant on Economic, Social and Cultural Rights and Parts 2 and 3 of Art. 19 of the Constitution of the Russian Federation, which prohibits any form of discrimination and proclaims equality of rights and opportunities. This principle is developed in the norms of the Labor Code, including section IX.

The principle of ensuring the right of workers and employers to associate to protect their rights and interests is based on the provisions of the Constitution of the Russian Federation, which establishes the right to association, including the right to create trade unions to protect their interests. Workers and employers create or join associations (organizations) to protect the interests and rights of their members and to represent the interests of workers or employers in the field of labor, including the system of social partnership. Workers unite in trade unions, which are designated by the Labor Code of the Russian Federation as their representatives.

Other representatives are elected by employees only in cases established by the Labor Code of the Russian Federation, and can represent the interests of these employees in accordance with Art. 31 Labor Code of the Russian Federation. The interests of employers are represented by their associations - non-profit organizations, and in established cases by other representatives.

The principle of ensuring the right of employees to participate in the management of the organization. This principle was developed in the Labor Code, which provides for the participation of employees in the management of the organization and the forms of such participation, but the list of these forms is not exhaustive. Other forms provided for by laws, agreements, collective agreements, constituent documents, and local regulations may also be used. Along with this, this principle is reflected in certain articles of the Labor Code, its provisions covering social partnership in the sphere of labor or decision-making by the employer taking into account the opinion of the trade union body (Article 371 of the Labor Code of the Russian Federation), etc.

The principle of combining state and contractual regulation of labor relations and other relations directly related to them is expressed in many norms of the Labor Code of the Russian Federation devoted to the sources of labor law, including agreements, collective agreements, local regulations, etc. At the state (federal) level, certain labor rights and guarantees of their implementation, working conditions of workers. At the collective contractual level, working conditions are specified and supplemented, social benefits and guarantees established in collective contracts and agreements can be increased. Individual contractual regulation is of an auxiliary nature and is aimed mainly at individualizing and specifying the terms of employment contracts.

The principle of social partnership is embodied in the norms of the Labor Code of the Russian Federation, dedicated to the interaction of social partners - workers and employers (their representatives) - at the appropriate levels, including trilateral cooperation with the participation of state authorities and local governments. This principle is disclosed in the norms of Section II of the Labor Code of the Russian Federation, other articles of the Labor Code of the Russian Federation, other federal laws and regulations.

The principle of mandatory compensation for harm caused to an employee in connection with the performance of his job duties is implemented when compensating for harm caused to the health of an employee on the basis of the Law on Compulsory Social Insurance. The procedure for compensation for harm to the life and health of an employee in the event of an accident at work or occupational disease is established by Art. 184 Labor Code of the Russian Federation.

The principle of establishing state guarantees to ensure the rights of workers and employers, implementing state supervision and monitoring their compliance. This principle is also reflected in the norms of the institute for the protection of labor rights of workers, primarily through state supervision and control over their compliance.

The principle of ensuring everyone’s right to the state’s protection of their rights and freedoms is embodied in the norms of the Labor Code of the Russian Federation, aimed, first of all, at protecting the employee as the more economically and socially weaker party to the employment contract. This principle corresponds to Art. 45 of the Constitution of the Russian Federation, which guarantees state protection of the rights and freedoms of man and citizen in Russia, which does not exclude the right of everyone to defend their rights and freedoms by all means not prohibited by law. In particular, this applies to self-defense rights. This principle is manifested in ensuring the employee’s right to judicial protection and the right to collective protection of workers’ rights by resolving collective labor disputes, as well as ensuring the employee’s right to the state’s protection of his rights and freedoms through state supervision and control over the observance of his rights.

The principle of ensuring the right to resolve individual and collective labor disputes, as well as the right to strike, is based on the provisions of Part 4 of Art. 37 of the Constitution of the Russian Federation on the right to individual and collective labor disputes using the methods for resolving them established by federal law, including the right to strike.

The next important principle is defined as the obligation of the parties to an employment contract to comply with the terms of the employment contract, including the right of the employer to demand that employees perform their job duties and take care of the employer’s property and the right of employees to demand that the employer comply with its obligations towards employees and comply with labor legislation and other acts containing labor law norms. An employee who has entered into an employment relationship on the basis of an employment contract is obliged to obey the internal labor regulations and treat the employer’s property with care and perform other job duties. The employer has the right to demand from the employee the proper performance of his duties.

The principle of ensuring the right of representatives of trade unions to exercise trade union control over compliance with labor legislation and other acts containing labor law norms is enshrined in the Labor Code of the Russian Federation (Chapter 58), in the Laws on Trade Unions, and on Labor Protection.

The principle of ensuring the right of workers to protect their dignity during their working life is based on the constitutional provision (Part 1 of Article 21 of the Constitution of the Russian Federation) on the dignity of the individual, protected by the state. At the same time, nothing can be a basis for belittling the dignity of an employee. This principle is embodied in the norms of the Labor Code of the Russian Federation, which guarantee the protection of the dignity of an employee during his working life.

The principle of ensuring the right to compulsory social insurance of employees is enshrined in the provisions of the Federal Law of July 16, 1999 “On the Fundamentals of Compulsory Social Insurance” (as amended on December 23, 2003), other laws, and other regulatory legal acts. In particular, the Law on Compulsory Social Insurance establishes the legal, economic and organizational basis for compulsory social insurance against industrial accidents and occupational diseases, and also determines the procedure for compensation for harm caused to the life and health of an employee during the performance of his duties under an employment contract and in other cases provided for by this Law.

The Labor Code of the Russian Federation establishes guarantees for employees in case of temporary disability (Article 183), guarantees and compensation in case of an accident at work or occupational disease (Article 184).

Chapter 3. Structure of the Labor Code of the Russian Federation

3.1 General provisions of the Labor Code of the Russian Federation

Typically, an employment relationship is defined as a labor relationship arising on the basis of an employment contract and regulated by the norms of labor law, according to which one subject - the employee - undertakes to perform a labor function subject to the rules of internal labor regulations, and another subject - the employer is obliged to provide work, ensure healthy, safe and other working conditions, including remuneration of the employee in accordance with his qualifications, complexity of work, quantity and quality of work. The labor relationship has characteristic, inherent features.

In the science of labor law, there are positions of scientists who defend the independence of the legal relationship regarding the material liability of workers and employers as related to labor legal relations. Attempts to destroy this integrity, to snatch from an inextricable complex individual combinations of rights and obligations do not indicate the emergence of new types of legal relations (on disciplinary or material liability), but lead to the “splitting” of a single complex labor legal relationship.

The characteristic features of an employment relationship that allow it to be distinguished from related ones, including civil law relations, include the following.

1. The personal nature of the rights and obligations of an employee who is obliged to personally participate only through his labor in the production or other activities of the organization (employer). An employee does not have the right to represent another employee in his place or entrust his work to another, just as an employer does not have the right to replace an employee with another, except in cases established by law (for example, during the employee’s absence due to illness, etc.). There are no such restrictions in civil law, where the contractor has the right to involve other persons in performing the work.

2. The employee is obliged to perform a certain, predetermined labor function (work in a certain specialty, qualification or position), and not a separate (separate) individually specific task by a certain deadline. The latter is typical for civil obligations associated with labor activity, the purpose of which is to obtain a specific result (product) of labor, to complete a specific assignment or service by a certain date, i.e. performing work is only a way to fulfill an obligation.

3. The performance of the labor function is carried out in conditions of common (cooperative) labor, which necessitates the subordination of the subjects of the labor legal relationship to the internal labor regulations adopted by the employer (organization) in the manner prescribed by law. Performing a labor function and the associated subordination to internal labor regulations means the inclusion of citizens in the collective of workers (staff) of a given employer (organization).

The subjects of the labor relationship are the employee (individual) and the employer. It is well known that a subject of law is a person recognized by law as capable of entering into a legal relationship and acquiring (being a bearer of) rights and obligations. This is due to such qualities inherent in a person as legal capacity and capacity.

The Constitution of the Russian Federation (Article 37) enshrines the right of everyone to manage their ability to work, to choose their type of activity and profession. In this regard, labor legal personality is the single ability of an individual to be the subject of a labor legal relationship (as well as some other legal relationships related to it). Labor legal personality is characterized by age and volitional criteria and means that citizens are free to exercise their rights, and natural differences between them, for example, gender, age, race, nationality or property status, presence or absence of registration at the place of residence, or attitude to religion and others the circumstances must not be of the nature of discrimination in the world of work. Equal labor legal personality for all is limited only by a court verdict.

From the position of workers, any organization as a legal entity (regardless of its organizational and legal form), as well as an individual entrepreneur, are of interest in the case when they are able to satisfy the supply of workers in the labor market (labor force). These organizations (legal entities) and individual entrepreneurs act as employers if they, experiencing demand for labor, have, retain and open new jobs for which they hire workers, concluding an employment contract with them. Consequently, any organization - a legal entity that is considered created from the moment of its state registration - can act as an employer. From the same moment, the organization - a legal entity acquires labor legal capacity (labor legal personality, which is equivalent in relation to a legal entity) and can act as an employer in labor relations with employees.

The employer as a subject (participant) of the labor legal relationship must have labor legal capacity, which the organization acquires from the moment of its state registration as a legal entity, and a citizen (individual) - from the moment of state registration as an individual entrepreneur. The labor capacity of legal entities and individual entrepreneurs lies in the recognition of their right to provide work to citizens. This legal capacity is often referred to as employer legal capacity, meaning in this case by work, the employment provided to the employee by performing a specified labor function under established internal labor regulations with remuneration and labor protection.

Organizations (legal entities), having legal capacity to work, enter into an employment contract and enter into a labor relationship as an employer with those citizens (employees) who are necessary for the organization to carry out its statutory tasks and economic activities.

The content of the legal relationship, and in particular the labor legal relationship, represents the unity of its properties and connections. Participants in an employment relationship are bound by subjective rights and obligations, a certain combination of which reveals its legal content. It is also customary to define the material content of the labor legal relationship - this is the behavior itself, the activities of the subjects, the actions they perform, which appears in the legal relationship, its legal content as interconnectedness with subjective rights and legal obligations.

Since an employment legal relationship always arises between specific persons on the basis of an agreement reached between them (employment contract), this legal relationship can be defined as a form of expression of the specific rights and obligations of its participants. In this sense, the labor legal relationship outlines the framework within which the behavior of its participants can be realized.

The Labor Code of the Russian Federation provides for the basic (statutory) rights and obligations of participants in the labor relationship. In relation to the personality of the employee, these rights and obligations in accordance with the Constitution of the Russian Federation (Article 37, etc.) are enshrined in general form in the Labor Code of the Russian Federation as the basic (statutory) rights and obligations of the employee (Article 21) and as the basic (statutory) rights and obligations of the employer (Article 22 of the Labor Code of the Russian Federation).

In addition, the employment relationship, the content of which is determined by the terms of the employment contract, also carries an independent essence and independent content. The independence of the labor relationship is manifested in the legislative establishment of a certain level of labor rights and guarantees, which the parties do not have the right to reduce by concluding an employment contract, do not have the right to exclude them or replace them with others. This is one of the features of labor law, which indicates its social orientation and allows us to characterize the branch of labor law in the Russian legal system as the law of social protection. An employment contract is the organizational and legal form that most adequately meets the needs of the labor market and the private interests of the employee and employer.

3.2 Features of sections related to the Special Part of the Labor Code of the Russian Federation

The Labor Code of the Russian Federation gives the legal concept of social partnership as a system of relationships between employees (representatives of employees), employers (representatives of employers), government bodies, local governments, aimed at ensuring coordination of the interests of workers and employers on the issue of regulating labor relations and other directly related their relations (Article 23 of the Labor Code of the Russian Federation).

The subjects of social partnership in the sphere of labor are both employees and employers (as well as their representatives), as well as state authorities and local governments. Their legal status differs: according to Art. 25 of the Labor Code, workers and employers, acting through their representatives, are parties to the social partnership. State authorities and local governments act as participants in social partnership relations and represent the interests of the state or municipality. The above-mentioned bodies can be parties to social partnership relations only in cases where they act as employers or their representatives authorized for representation by law or by employers (when concluding agreements), as well as in other cases provided for by federal laws.

The system of relationships between the parties to the social partnership is implemented in various forms with the help of various bodies. It includes the following levels:

The federal level, which establishes the basis for regulating labor relations in the Russian Federation;

Regional level, establishing the basis for regulating relations in the sphere of labor of a constituent entity of the Federation;

Sectoral and intersectoral level, establishing the basis for regulating labor relations in the industry (sectors);

The territorial level, which establishes the basis for regulating labor relations in a municipality;

The level of a specific organization that establishes mutual rights and obligations in the world of work between employees and the employer.

To the basic principles of social partnership, i.e. the most essential, guiding principles that constitute the essence of social partnership, according to Art. 24 of the Labor Code refer to: equality of the parties; respect and consideration of the interests of the parties; interest of the parties in contractual relations; state assistance in strengthening and developing social partnership on a democratic basis; compliance by the parties and their representatives with laws and other regulations; freedom of choice when discussing issues related to the world of work; voluntariness of the parties' assumption of obligations; the reality of the obligations assumed by the parties; mandatory implementation of adopted collective agreements and agreements; responsibility of the parties and their representatives for failure to comply with collective agreements through their fault.

Turning to the problems of legal regulation of employment promotion and employment in modern conditions, we are increasingly beginning to operate with such a concept as the labor market, which in its most general form is a set of social relations that arise in the sphere of realizing the demand and supply of a person’s ability to work (labor force). ). In the science of labor law, there are other approaches to defining the labor market. So, according to S.P. Mavrin, the labor market in a broad sense is a socio-economic relationship within which market participants interact under the influence of supply and demand for a certain market product; while the latter is labor as the object of the relationship between employer and employee.

The legal concept of employment is contained in the Employment Law. Employment is the activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them earnings and labor income.

The Employment Law classifies as employed not only persons who are in an employment relationship. In accordance with Art. 2 of this Law, the following categories of citizens are also considered employed: those registered as individual entrepreneurs; performing work under civil law contracts, the subjects of which are the performance of work and the provision of services, including under contracts concluded with individual entrepreneurs, copyright agreements, as well as members of production cooperatives (artels); elected, appointed or confirmed to a paid position; those undergoing military service, alternative civilian service, as well as service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system; undergoing full-time courses in general education institutions, institutions of primary vocational, secondary vocational and higher vocational education and other educational institutions, including training in the direction of the federal state employment service; who are founders (participants) of organizations, with the exception of founders (participants) of public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions) that do not have property rights in relation to these organizations, etc.

The Constitution of the Russian Federation (Article 37) enshrines freedom of labor, the right of everyone to freely dispose of their abilities to work, to choose their type of activity and profession without any discrimination, while prohibiting forced labor.

An employment contract is the legal form that provides the maximum opportunity for the employer to freely select the workers he needs, taking into account his own interests and needs. Consequently, the employment contract reflects freedom of labor and the contractual principle of regulating labor relations, allowing the parties to freely and voluntarily choose each other based on their private interests in the labor market. This reveals the important social and economic role of the employment contract, but its meaning is broader.

An employment contract is also the basis for the existence and development of an employment relationship. Changes by the parties to the terms of the employment contract (transfers, relocations, etc.) entail a change in the employment relationship, and termination of the employment contract breaks the legal connection of its parties, i.e. leads to termination of the employment relationship.

The parties to the employment contract are the employer and the employee. Thus, an employment contract is a bilateral agreement between an employee and an employer as parties to an employment contract, who, on the basis of this agreement, entering into an employment relationship, become its participants (subjects).

The content of an employment contract is its terms, which are usually divided into necessary (or mandatory) and on which agreement between the parties must be reached, and optional (or additional), which may occur if the parties stipulate them. These conditions are developed by the parties during the negotiation process; they are also called direct conditions, in contrast to the so-called derivatives established by labor legislation (on labor protection, on disciplinary and financial liability, the procedure for considering labor disputes, working hours, annual leave, etc.) . These derivative conditions, by virtue of the law and the obligations assumed by the parties under the employment contract, are mandatory for the parties to fulfill; the parties do not agree on them.

The essential terms of the employment contract include the condition on the start date of work. In practice, cases often arise when there is a time gap between the date of conclusion of the employment contract and the beginning of the actual performance of labor duties. If there is an agreement to start work later than the date of conclusion of the contract, then all legal consequences associated with the emergence of an employment relationship are determined from the date of commencement of work. This day is indicated not only in the contract, but also in the order (instruction) that formalizes the hiring process. However, if a person does not start work at the specified time, an employment relationship does not arise.

The labor activity of each employee, regardless of the specifics of his labor function, occurs over time. Therefore, the time spent by an employee on work is the main measure of the efficiency of the labor process. This circumstance determines the significance of working time as an economic and legal category, and also determines the need to take it into account in relation to each employee.

Description of the Labor Code of the Russian Federation. Basic provisions of the labor code Labor Code of the Russian Federation summary

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