The subject of a branch of law is its most important backbone feature and is a set of interrelated social relations regulated by the norms of this branch of law.

The subject of labor law is a complex of social relations associated with the use of non-independent (dependent) labor.

In accordance with Art. 1 of the Labor Code, they include labor relations, as well as relations:

on labor organization and labor management; employment with this employer;

professional training, retraining and advanced training of employees directly from the employer;

social partnership, collective bargaining, conclusion of collective agreements and agreements;

the participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law;

liability employers and workers in the world of work;

supervision and control (including trade union control) over compliance with labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms;

resolution of labor disputes;

compulsory social insurance in cases stipulated by federal laws.

Consider these social relations.

^ 1. The labor relation is the core of the subject of the industry, the main social relation, which is regulated by the norms of labor law. In this regard, both in the theory of labor law and in the Labor Code, the formula “labor and other relations directly related to them” is used.

It is necessary to pay attention to the fact that the term "labor relations" is used in the Labor Code. This is not entirely accurate. It is possible to speak about labor relations (in the plural) only when some generalization occurs and individual and collective labor relations are combined into one group18. In the strict sense of the word, there is one labor relationship that arises between the employee and the employer. This has always been emphasized by specialists in the field of labor law19.

An employment relationship exists as an employment relationship, since it is regulated by law. In accordance with Art. 15 of the Labor Code is a relationship based on an agreement between the employee and the employer on the personal performance by the employee of a labor function (work in a certain specialty, qualification or position) for a fee, the employee's subordination to the internal labor regulations while the employer ensures the working conditions provided for labor law, collective agreement agreements, employment contracts.

The employment relationship is complex, its content is not limited to one pair of rights and obligations of the employee and the employer that correspond to each other. With regard to the performance of a labor function by an employee, a whole complex of rights and obligations of the parties to an employment relationship arises.

The complexity of this legal relationship is also manifested in the fact that it is characterized by the presence of property and organizational aspects, elements of freedom and subordination, a peculiar approach to determining the legal status of the parties.

The property aspect of the labor relationship is manifested mainly in its reimbursable nature: the work that the employee performs must be paid in accordance with the quantity and quality of labor (art.

132 of the Labor Code) not lower than the established minimum size (Article 133 of the Labor Code).

The organizational aspect is characterized by the presence of an element of power-subordination in the relationship between the employee and the employer. The employer has the right to organize the labor activity of employees at his own discretion, to establish an internal labor schedule, and the employee must obey the requirements of the employer and comply with the current schedule.

The legal status of the parties to the labor relationship is characterized by a certain duality. By concluding an employment contract, they act as equal subjects. In the future, the employer is granted some powers of authority (along with the above, it is necessary to mention the right of the employer to give binding instructions, to demand compliance with the established rules for the performance of work, to apply disciplinary sanctions, in cases prescribed by law to collect amounts from the employee in compensation for the damage caused to him), and on the employee is obliged to obey the schedule established by the employer, his disciplinary authority. However, in connection with the subordinate position of the employee, his economic dependence on the employer, and also due to the fact that in the process of labor activity his labor force is actually consumed, state protection is established for him. At the legislative level, labor rights and their guarantees are fixed. The employer is obliged to ensure the working conditions provided for by labor legislation, other regulatory legal acts, a collective agreement, agreement, local regulatory act and agreement of the parties, and the employee has the right to demand the provision of appropriate guarantees. He is guaranteed judicial protection of labor rights, protection in the exercise of state supervision and control over compliance with labor legislation, self-defense and collective protection within the framework of social partnership.

The presence of a system of state guarantees of the labor rights of an employee significantly distinguishes his position from the legal status of the employer.

The employment relationship is of a volitional nature: it arises as a result of the will of the parties. The basis for the emergence of an employment relationship is an employment contract (Article 16 of the Labor Code). Extra-contractual involvement in labor is prohibited (Article 4 of the Labor Code). Thus, the emergence of an employment relationship is always associated with reaching an agreement between the parties on the performance of a specific labor function, the beginning and duration of work, and working conditions.

In the process of labor activity, the contractual definition of the content of an employment relationship (for example, changing the terms of an employment contract by agreement of the parties, transferring to another job) is combined with the possibility of its unilateral change or termination (change in the essential terms of an employment contract in the event of a change in organizational or technological working conditions, termination of a labor contract). contract initiated by one of the parties).

The labor relation is characterized by the personal performance by the employee of a certain work (labor function). He cannot conclude an agreement on the performance of part of his job duties by another person or entrust their implementation to relatives, friends, work colleagues, etc. You cannot enter into an employment relationship or perform your work duties through a representative. ?

The employment relationship is of a continuing nature, it does not end with the fulfillment of any obligation by the employee, the performance of a certain range or amount of work. The specificity of the rights and obligations in labor relations lies in the fact that the employee must regularly perform the work stipulated by the employment contract, and the employer must pay wages and provide the necessary working conditions.

The continuing nature of the employment relationship is also manifested in the fact that the subject of an employment contract is the performance of a labor function (regular work), and not the achievement of a specific result of labor. ?

The labor function is understood as work in a certain position, specialty, profession with an indication of qualifications or other specific work stipulated by the agreement of the parties, which is of a regular nature.

The fact that the labor function is the subject of agreement between the parties when entering into an employment relationship emphasizes the special nature of labor: it is not independent and is usually carried out in a team.

The labor function from the standpoint of the economic division of labor is the performance of a certain operation within the framework of a specific labor cooperation.

The activity of the organization is provided by a team of employees, each of which performs the work stipulated by the agreement with the employer. It is the team as a whole that achieves the solution of the set production tasks - it produces finished products, provides a complex of any services, etc. An employee who is in an employment relationship performs only a small part of the work to achieve the final result of the organization's activities. In the course of his work, he is forced to coordinate his work with the work of other employees of the organization.

This predetermines his organizational lack of independence: he must obey the internal labor regulations, comply with technological requirements and labor protection instructions, and follow the instructions of the employer.

A specific feature of the labor relationship is its basic nature: its very existence is a prerequisite for the emergence of other social relations that are part of the subject of labor law.

What social relations are the subject of labor law?

Labor law is a branch of law that regulates labor relations between employees and employers.

The definition of the subject of labor law is connected with the general theoretical problem of establishing criteria for the formation of a system of national law. Its essence, as you know, is that the legal norms that make up the law, despite their qualitative originality, are interconnected and form an integral system. Moreover, the nature of this connection is characterized by signs of unity and internal consistency.

The general theory of law identifies a number of system-forming factors that determine the consistency and internal unity of legal norms, which allow them to be classified into certain groups, elements, and components of the system. These elements are defined as industries (sub-sectors) and institutions of law.

In legal science there is no unity of views on the principles of building a system of law, i.e. grounds for differentiation of legal norms into branches and institutions. However, at present, the position dominates, according to which the subject and method of legal regulation are recognized as the main criteria for such differentiation.

The subject of legal regulation is understood as qualitatively homogeneous groups of social relations that are the object of regulation of legal norms. Consequently, in order to determine the subject of a particular branch of law, it is necessary to establish what circle of social relations is subject to legal regulation.

Each branch of law has its own subject of legal regulation. Objectively emerging diverse social relations have common features, since they are social ties to meet the various interests and needs of people and their teams that ensure the vital activity of society. At the same time, they also have differences due to the content and nature of these social ties. Relatively isolated groups of social relations, which have stable differences and homogeneous properties, form the subject of legal regulation of a certain branch of law.

To isolate the relevant group of legal norms as a branch of law, another important system-forming factor is also necessary - the method of legal regulation. The method of legal regulation is considered as a way of influencing the law on the participants in these social relations, determined by the nature of the relevant group of social relations (the subject of legal regulation). At the same time, each large group of legal norms, in order to be recognized as a branch of law, must be manifested by the presence of its own method of legal regulation.

Hence, a branch of law can be defined as a set of objectively isolated interrelated legal norms that regulate a wide range of social relations with a specific method that have internal unity and qualitatively homogeneous properties.

Therefore, in order to accurately determine the range of legal norms that make up the relevant branch of law, it is necessary to analyze the content of social relations regulated by these norms, establish their relationship and signs of homogeneity, and also identify the specifics of the method of legal regulation.

These scientific approaches also apply to the definition of the subject of the branch of labor law.

Determining the subject of labor law is a certain difficulty, since labor is associated with numerous social relations, any sphere of human activity. Meanwhile, only a part of these relations relates to the subject of labor law, namely those that develop regarding the use of labor. Their subject is the labor process itself, its organization and conditions.

The sphere of labor law does not include relations in which the process of labor activity itself acts as a means of fulfilling certain contractual obligations of a property or other nature - contractual relations of a contract, assignment, etc. These relations relate to the subject of civil law and differ significantly legal form regulation. They do not regulate the procedure for organizing and carrying out labor activities to fulfill the contract, since the final result of labor is important here. They are not carried out on a permanent basis and end with the period of fulfillment of contractual obligations, achievement of the goals of the agreement. Moreover, the employee in the process of performing work organizes his own work, ensures its safety, etc.

The subject of labor law answers the question that this industry regulates what types of social relations at work, more precisely, in what types of social relations at work, people's behavior is regulated by labor legislation. The social organization of labor depends on the economic and political basis of a given society. This basis also determines the relations of workers with employers for work in production, which are called labor relations. The subject of labor law is labor relations in the social organization of labor and other relations directly related to them, that is, a complex of social relations on labor in production. In this complex there are nine groups of social relations, among which labor relations are leading and decisive. All others are derivative, but the relations directly connected with them, which are part of the subject of a given branch, occupy a subordinate position in comparison with labor relations. Labor relations are the main subject of labor law (hence the name of the branch "Labor Law"). Now the new Labor Code has filled in many gaps in the Labor Code of 1971, which has gone down in history, giving clearly in the law the concepts of various categories of this branch of law developed by the science of labor law in almost all of its institutions, both General and Special parts of the branch.

Labor law gives the parties to labor relations and relations directly related to them certain labor rights and obligations. And in real life, all nine groups of social relations on labor, which are the subject of regulation by labor legislation, act in the form of appropriate legal relations with their subjects (parties) and their content.

Labor law regulates, as a rule, relations on collective labor in the social organization of labor, where the labor function of each employee is a necessary component of this labor cooperation. And the employees of each given labor organization include all those who have concluded an employment contract with the owner of its property, that is, the employer, including officials of its administration, up to the sole or collegiate leader.

The subject of labor law are the following nine social relations related to labor in production:

• 1) relations to promote employment and employment with this employer; labor law employer employment
• 2) labor relations of the employee with the employer on the use and conditions of his work.

The main subject of labor relations is the work of an employee according to his labor function agreed with him, subject to the discipline of this organization. An employment relationship exists for all employees who daily perform personal work in common process labor in this production and being members of its labor collective. These relations express the volitional part of industrial relations, since they arise and cease at the will of the employee and employer.

The new Labor Code has chapter 2 on labor relations. It gives not only the concept itself and the grounds for its occurrence, but also indicates the basic rights and obligations of the parties, which is the content of the labor relationship as already regulated by the law of the labor relationship. Therefore, here it is necessary to distinguish between the subject of law - the relationship and the relationship already regulated by law (ie, legal relationship). Of course, in real life there is no labor relationship that is not regulated by law. It always acts as an employment relationship. In Art. 1 of the Labor Code lists 8 other relations directly related to labor, which are also the subject of regulation of labor legislation;

• 3) relations on the organization of labor and labor management, participation in the management of the organization;
• 4) relations on social partnership, collective bargaining, conclusion of collective agreements and social partnership agreements;
• 5) relations on vocational training, retraining and advanced training of employees directly from the given employer;
• 6) relations of supervisory and control bodies (Ros.trud.inspection, state specialized and trade union inspectorates, etc.) with the employer, the administration of production on compliance with labor laws and labor protection;
• 7) relations regarding the participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law;
• 8) relations on the material liability of the parties to the labor relationship for harm (damage) caused through the fault of one party to the other. These relations can be of two types, depending on which party caused the harm: a) on the liability of the employer for harm caused to the employee by a labor injury or violation of his right to work, including for moral harm, and b) on the material liability of the employee, causing damage to the property of the employer. These relations arise only for those employees who have caused damage or who have been harmed. Most workers do not have them;
• 9) relations to resolve individual or collective labor disputes that arise only for some employees and individual work teams. When such a labor dispute arises, the second side of these relations is the body that resolves this dispute (commission for labor disputes, court, etc.).

The leading of these relations are the labor relations of the employee with the employer (enterprise, organization). The remaining eight either precede labor (to ensure employment) or always accompany them, and some may follow (for example, in labor disputes about dismissal). By their nature, the relations indicated in paragraphs 3, 4, 5 are organizational and managerial, they always accompany labor relations, and those indicated in paragraphs 6, 8, 9 are protective, aimed at ensuring compliance with labor legislation, labor protection and responsibility for their violation. In the Labor Code, they are defined as directly related to labor relations.

All relations of the subject of labor law arise in peak jobs in connection with their labor relations, and therefore we say that the subject of labor law is the labor relations of production workers and the remaining eight are directly related public relations.

Relations on state social insurance were previously included in the subject of labor law. Now they are singled out as the subject of an independent new branch of law - social security law.

The subject of the branch of labor law as a system of relations regulated by the norms of labor law (the nine social relations listed above for the work of an employee in production) must be distinguished from the subject of the science of labor law, a training course. Their subject is the study of the very norms of labor legislation, not only Russian, but also international, as well as their history and teachings on legal relations in the field of labor law.

The object and main content of labor relations is work, i.e. activities related to the direct realization of the ability of citizens to work (labor force). As a result, the main subject of labor law is public relations regarding the application and organization of labor or work.

As an economic category, labor relations are an integral part of industrial relations. They reflect the position of various social groups, their relationship in production and mutual exchange of activities. Being an element of production relations, labor relations are interconnected and interdependent with the ownership of the instruments and means of production and with the distribution of products of production. Labor relations as a link in production relations are characterized by all the features of the latter: they are objective in nature (i.e., do not depend on the consciousness of people), change in accordance with changes in the productive forces of society, are always actively influenced by the superstructure (including labor rights as an element of the add-on).

The participants (subjects) of labor relations are the employee and the employer (organization, owner-entrepreneur, etc.), who build their relationships, as a rule, on a contractual basis and on a reimbursable basis. For their work, employees receive either wages at predetermined rates (tariffs), or a part of the organization's income.

Labor relations as a subject of labor law are characterized by the following specific features:

• are carried out on the basis of the internal labor regulations with the subordination of the employee to the regulated conditions of joint activities;
• the employee is included in the labor collective of a particular organization; the inclusion of an employee in the labor collective is mediated by a special legal act (employment contract, act of election to a position, etc.);
• the content of labor relations is reduced to the performance by a citizen of a certain kind of work in accordance with his specialty, qualification, position.

Labor relations reflect the nature of the production relations of a given society, since they are a volitional and personal part of them. It should be borne in mind that in this case we are talking only about those of them that are based on hired labor. Labor relations based on independent labor (labor of owners), in accordance with the current legislation, are not included in the subject of labor law. This applies, in particular, to individual labor activities, the activities of entrepreneurial owners, labor corporations and partnerships that do not use the labor of employees. Due to the hired nature of the civil service, the labor relations of civil servants should also be attributed to the subject of labor law, however, service in the Armed Forces of the Russian Federation, in customs authorities, internal affairs bodies, border troops, and security agencies does not apply to the subject of labor law, but constitutes the subject of administrative law . Service in these bodies goes beyond the scope of labor relations and ordinary work. It is connected with the performance of the functions of security and defense of the state.

Thus, labor relations as a subject of labor law are a link in production relations that develop in the process of using labor in social cooperation of labor, when a citizen is included in the team of an organization to perform a certain kind of work (labor function) with subordination to the established labor schedule.

The system of social relations that make up the subject of labor law, in addition to labor itself, also includes relations that are closely related to them:

1. employment and employment relations;
2. relations of the labor collective with the employer, his representatives;
3. organizational and managerial relations;
4. relations for supervision and control over compliance with labor legislation and other regulations containing labor law norms;
5. social partnership relations of representatives of employees, employers and executive authorities at the federal, sectoral, regional (subject of the Russian Federation), territorial, professional, tariff and other levels;
6. relations on professional training and advanced training of workers in production;
7. relations of material liability of participants in labor relations for damage caused through the fault of one party to the other party;
8. relations to resolve labor disputes (individual and collective), etc.

Let's take a closer look at some of them.

Relations on ensuring employment and employment arise in connection with the appeal of citizens to the bodies in charge of employment (bodies public service employment in the field), with a request to find them suitable job. Existence in Russian Federation system of state bodies of employment is designed to promote the implementation by citizens of the constitutional right to free work. Such assistance is mainly needed by women, young people after graduating from secondary schools, persons released from organizations in connection with the modernization of production, bankruptcy, improvement of labor organization and management system.

Employment relationships precede employment relationships. Employment agencies usually perform intermediary functions between organizations in need of personnel and citizens who have expressed a desire to get a job in a certain specialty, qualification, position. To resolve the issue of employment, the state employment service authorities have a data bank on the availability of vacancies and vacancies in the regions and specific organizations.

Organizational and managerial relations develop in the process of organizing and managing labor between the employer, on the one hand, and the labor collective or its representative body, on the other. They mainly concern the establishment and application of working conditions in a particular organization, the improvement of material and cultural forms of servicing employees, the rational use of organization funds, the regulation and remuneration of labor, and other issues affecting the collective and individual interests of employees.

With regard to the main subject of labor law - labor relations - organizational and managerial relations play a service role: they are called upon to organize labor relations and manage them within the framework of a specific social cooperation of labor. Throughout the entire period of functioning of labor relations, organizational and managerial relations act as their companion and organizer.

A typical variety of organizational and managerial relations in the sphere of labor are relations associated with the development, adoption and execution of collective agreements and agreements (general, sectoral, tariff and special).

Relations on supervision and control over compliance with labor legislation and other normative legal acts containing labor law norms are formed in the process of supervisory activities of the federal labor inspectorate over the state of labor protection and compliance with labor legislation in organizations. General state supervision over the observance of labor legislation and other normative legal acts is carried out by the prosecutor's office. Among state bodies exercising specialized supervision of labor protection at enterprises and institutions, federal executive bodies for supervision in the field of sanitary and epidemiological welfare (Rospotrebnadzor), executive bodies for environmental, technological and nuclear supervision (Rostekhnadzor) should be singled out.

In the process of exercising the function of supervision over labor protection and compliance with labor legislation, these bodies enter into legal relations with other bodies and organizations in connection with the need for labor protection and protection of workers' rights. These protective relations belong to the category of concomitant ones.

Relations on vocational training, retraining and advanced training of employees for their own needs arise in connection with the receipt by citizens of working specialties in the course of individual, brigade or course apprenticeship, which usually precedes the period of their independent work, as well as in connection with the deepening of their professional skills by employees. Target vocational training in production is to ensure the training of persons job seekers to work as skilled workers.

The emergence of vocational training relations is associated with the conclusion of an additional agreement between the employee and the employer, according to which the parties assume mutual obligations associated with the process of vocational training. The duration of professional training relationships is limited to a certain period. Upon successful completion of training, employees take qualifying exams, they are assigned the appropriate specialty and qualifications, after which, on the basis of the order (instruction) of the employer, they are credited for independent work and become full participants in labor relations.

Relationships for the consideration of individual and collective labor disputes develop in connection with the resolution of unresolved disagreements between the employer and the employee (employees) in the labor dispute resolution bodies regarding the application of laws or other regulatory legal acts containing labor law norms (collective agreement, agreement, employment contract ). The participants in these relations are the disputing subjects (employee - employer; labor collective - employer), on the one hand, and the labor dispute resolution body, on the other. These relations are of a procedural nature, since they do not concern the dispute itself, but the procedure for resolving it.

According to the current labor legislation, individual labor disputes (employee - employer) are considered in labor dispute commissions (CTS), elected by the labor collectives of organizations, as well as in courts. Collective labor disputes are resolved by conciliation commissions with the participation of a mediator and labor arbitration.

Thus, the subject of Russian labor law currently consists of two groups of social relations:

1. labor relations - the main element (core) of the subject;
2. other social relations, the existence of which is due to the inextricable connection with labor relations.

labor law method

A method is a method (method) of legal regulation specific to a given branch of law, i.e. in our case, the impact through the rules of law on the will of people in their behavior in the direction necessary for the state, society, employees and employers to obtain the optimal result of this regulation.

The method of Russian labor law is characterized by four main features:

1. a combination of centralized and local regulation of public relations;
2. establishing the contractual nature of working conditions;
3. the participation of labor collectives and elected trade union bodies in the regulation of social relations;
4. labor law-specific ways of protecting rights and ensuring obligations.

The combination of centralized and local regulation of social relations in the sphere of labor reflects the essence of the state-legal management of social labor, since through such a combination, unity and differentiation of working conditions are achieved depending on the sectoral and regional characteristics of production, and general and specific working conditions in specific organizations are better taken into account. .

With the help of centralized regulation, a minimum guarantee of the labor rights of workers is currently being established: an extensive measure of labor is determined - the length of working time; introduced tariff system for state employees; the most important normative acts on the issues of discipline and labor protection of employees are adopted. This involves the central (including branch) bodies of state power and state administration, as well as the highest bodies of the trade union system - at the level of the country, industry. Normative acts adopted as a result of centralized regulation can be both directive (mandatory) and recommendatory in nature.

With the help of local regulation, the following are established: working hours at enterprises, institutions, organizations; benefits and benefits to employees from the funds of the enterprise (in excess of the minimum guarantees under centralized regulations); vacation schedules; conditions of the collective agreement, etc. The participants of local regulation are, on the one hand, the employer (organization, entrepreneur), and on the other hand, the labor collective. The normative act adopted as a result of local regulation is valid only within the limits of the given organization.

The establishment of the contractual nature of working conditions as a sign of the method of Russian labor law is most clearly manifested in the impact on main subject this industry - labor relations. Through the contract, labor relations are established, imputed and terminated, i.e. the constitutional right of citizens to work is realized. The contractual form of regulation is typical in a number of cases for other social relations included in the subject of labor law. Thus, organizational and managerial relations in the sphere of labor receive legal registration in collective agreements and agreements on labor protection and other joint forms in which the employer (organization, entrepreneur) and the labor collective take part.

The peculiarity of the contractual method of regulating social relations is that established on the basis of the contract legal relationship, as a rule, cannot be changed without the mutual consent of the parties. For example, without the mutual consent of the parties, it is impossible to make changes and additions to the content of collective agreements and agreements, to change and supplement the employment contract.

The recommendatory method of regulation involves the adoption of norms-recommendations addressed to the subjects of public relations that are the subject of labor law, and is characterized by an indication of the behavior of the subjects of public relations desirable for the state.

In practice, both of these methods are often combined with the state-powerful (mandatory) method of regulation. This combination is dictated by the need to establish strict order in labor relations, strengthen labor discipline, and bring to justice persons who commit offenses.

The active participation of labor collectives and elected trade union bodies in the regulation of social relations in the sphere of labor is an important feature of the method of labor law. The labor collective of the organization resolves the issue of the need to conclude a collective agreement with the employer, considers and approves its draft, considers and resolves issues of self-government of the labor collective in accordance with the charter (regulations) of the organization, determines the list and procedure for providing employees of the organization with social benefits and incentives, determines and regulates forms and conditions of activity public organizations resolves other issues in accordance with the collective agreement.

The relationship of the labor collective with the employer, labor protection, social development, participation of employees in profits are regulated, in addition to the legislation of the Russian Federation, also by the charter (regulations) of the organization and the collective agreement.

Article 29 of the Labor Code of the Russian Federation secured the general right of trade unions and other trade union organizations to represent the interests of their members on labor issues and other socio-economic issues. Trade unions participate in various social relations regulated by labor law, supervise and control compliance with labor legislation and labor protection rules, and control housing and welfare services for workers.

The method of Russian labor law is also characterized by specific ways of protecting labor rights and ensuring the obligations of employees. This is manifested in the fact that the labor rights of workers are the main subject of the activity of trade unions, the content of their main, protective, function. The current legislation grants trade unions great rights not only to establish working conditions, but also to carry out control and supervisory activities, participate in the organization of conciliation and conciliation commissions to resolve labor disputes (conflicts), labor arbitrations. The originality lies in the existence in the organizations of special bodies for the consideration of individual labor disputes - KTS, elected by the labor collectives themselves. An individual labor dispute must necessarily be considered in the CCC, if the employee, independently or with the help of the trade union committee, has not resolved the differences during direct negotiations with the employer.

The system of the branch of labor law and the system of science of labor law

Each branch of law, including labor law, has its own system of norms, i.e. a certain grouping and sequence of their location in the structure of the industry. The system of the branch of Russian labor law represents its structure as a set of legal norms that form a single substantive whole (branch) broken down into separate relatively independent structural formations (institutions) depending on the specifics of social relations that make up the subject of this industry.

The structural subdivisions of the labor law system are institutions - a set of legal norms that differ from each other in terms of the subject matter of regulation, i.e. features of certain types of social relations or individual parties (elements) of any particular type of social relations.

The system of Russian labor law includes the following institutions:

• employment (combines the rules governing relations related to finding suitable jobs for citizens);
• social partnership;
• employment contract (combines the rules governing hiring, transfers and dismissals);
• professional training, retraining and advanced training of workers directly at the production site;
• working time and rest time;
• wages;
• liability;
• labor protection;
• supervision and control over labor protection and compliance with labor legislation and other regulatory legal acts containing labor law norms;
• protection of the labor rights of citizens, as well as the resolution of individual and collective labor disputes.

Structurally, the entire system of Russian labor law is divided into two large parts - general and special.

The general part contains: norms that apply to all social relations of labor law; norms defining the basic principles and tasks of regulation, the basic labor rights and obligations of employees, the invalidity of the terms of contracts, the delimitation of the competence of the Russian Federation, its constituent entities and local governments for the legal regulation of labor. They establish the subject of labor law, the subject composition of participants in regulated social relations, their status (legal status), form the method of legal regulation.

A special part of the branch of labor law is built on institutions as a set of homogeneous groups of legal norms.

From the system of labor law as a branch, it is necessary to distinguish the system of labor legislation, which includes legal regulations, their preambles, articles, final provisions, etc. Therefore, it is logical to argue that the system of labor law is manifested in labor legislation, and labor legislation acts.

At present, the system of Russian labor law is most fully reflected in the Labor Code of the Russian Federation. Therefore, the study of the system of labor law is associated primarily with the study of the structure and content of this codified legislative act. Along with the system of labor law and the system of labor legislation, there is also a system of science of labor law - a set of theoretical views, judgments and conclusions regarding the problems of legal regulation of social relations in the field of application and organization of labor. She researches and evaluates the system of labor law norms and regulations from the point of view of their democracy, social justice, compares the Russian labor law system with the labor law system of other countries.

Correlation between labor law and related branches of law

Labor law regulates not all relations on the use of labor in society. This is evident from the subject of labor law. The most important provisions relating to the subject, method and system of Russian labor law, discussed in the previous paragraphs, make it possible to distinguish this branch of law from related branches of the law of the Russian Federation, which include branches of law that have similar subjects and methods of regulation, due to which In practice, there are often difficulties in determining the sectoral affiliation of the rules of law and individual institutions.

With regard to Russian labor law, related branches of law are: civil law, administrative law, social security law.

As you know, the subject of civil law includes social relations that are closely adjacent to labor relations based on an employment contract. These are relations for the implementation of household contracts, assignments, literary orders, etc. These relations have common features: they are associated with labor, based on contractual principles, and are of a reimbursable nature. However, there are also significant differences between them, which determine their different industry affiliation.

Firstly, the subject and main content of labor relations is the process of labor, living labor, while the subject of relations on a household contract, assignment, literary order is materialized labor, the product of labor. Secondly, according to the labor relation, the employee undertakes to perform work of a certain kind (according to a certain specialty, qualification, position), and in these civil relations, labor is associated with the fulfillment of an individually specific task. Thirdly, labor relations involve the inclusion of an employee in the personnel of the labor collective of the organization, where he is obliged to perform a certain amount of labor tasks, observe the working hours, and obey the existing internal labor regulations. The performance of labor assignments under the above civil law contracts does not provide for all these attributes, i.e. a citizen is not included in the composition of the labor collective of the organization, he is not subject to the obligation to fulfill the volume of labor tasks, observe the organization's working hours, and obey the internal labor regulations established in it. In other words, he performs the labor task at his own discretion and at his own risk.

Administrative law is also related to labor law. This is manifested in the similarity, firstly, of the subject of regulation (in labor law - organizational and managerial relations in the sphere of labor; in administrative law - relations in the field of public administration) and, secondly, the method of regulation (the use in both branches of law of the method of state- government orders).

The state-administrative activity of the Russian Federation, which is the subject of administrative law, is of a universally imperious nature. It is typical for it that the subjects of administrative legal relations are always in a subordinate (unequal) position, i.e. one has the power to give instructions and orders, and the other is obliged to carry them out. So, for example, relations are built between the President of the Russian Federation and the Government of the Russian Federation, between the Government of the Russian Federation and ministries, between the prosecutor of a region (territory) and the prosecutor of a district.

In contrast, organizational and managerial relations, which are the subject of labor law, are based on the actions of equal subjects who build their relationships on a contractual basis. This is precisely the nature of the relationship between the employer and the labor collective, between the administration of the state enterprise and the trade union committee in the implementation of activities for the organization of labor and production management.

The greatest difficulty is the delimitation of labor and administrative law in terms of regulating public service relations. A civil servant, as you know, can be the subject of labor and state-administrative relations. At the same time, the first relate to his work in the state body where he serves, and the second - to state-administrative functions outside the team of the body where he serves. So, civil servants (officials) from among the administration public institution(enterprises) are entitled to give mandatory instructions to the employee in the course of his labor activity. And in this sense, he is in a subordinate position. However, here the connection between officials and employees - civil servants is built along the lines of organizing and managing joint work, which is why such connections always act as intra-collective and are of the nature of production, and not administrative management. This nature of the connection predetermined their place as an element of complex labor relations and belonging to the subject of labor law, and not administrative law.

In conclusion, the relationship between labor law and social security law should be considered. As an independent structural entity (branch), social security law was formed in the 1960s-1970s. Prior to this, most of the legal norms governing social security relations were part of the labor law branch. Thus, social security law and labor law have common historical roots. But not only that. They are connected, like most related branches of law, by common features of the subject and method of legal regulation.

If the main subject of labor law is labor relations between an employee and an employer, then social security law regulates social relations that develop in the process of providing material support to citizens when, for one reason or another, they lose (temporarily or permanently) their ability to work or reach retirement age. These relations, as a rule, are closely connected with labor relations. Moreover, the amount of material support for citizens in a number of cases is commensurate with the earnings that they received while in labor relations with organizations, as well as with their work experience.

At the same time, as noted earlier, there are significant differences between labor law and social security law that define them as independent branches of Russian law: firstly, in contrast to labor law, the subject of regulation of social security law is social relations arising from the implementation of citizens the right to material security, and not the right to work; secondly, social security law provides for the payment of monetary amounts to citizens in the form of pensions and benefits from centralized funds (Social Insurance Fund, Pension Fund), while labor law regulates wages from funds existing at specific enterprises.

Between these industries there are differences in the methods of legal regulation: the method of social security law is not characterized by a contractual procedure for the emergence of legal relations and a combination of centralized and local regulation of relations. Citizens receive financial support on the basis of directive norms of law adopted by the relevant state bodies, due to which they cannot be changed and specified by agreement of the parties. The exception is cases when local regulations (usually collective agreements) provide for the improvement of the financial situation of employees and members of their families at the expense of the organization itself.

QUESTIONS FOR COURSE EXAM PREPARATION

BY LABOR LAW

The subject of labor law in Russia.

labor law is an independent branch of Russian private law that regulates social relations arising in the labor process, characterized by a special subject, method and principles of legal regulation.

Thing any branch of law are homogeneous social relations, which are governed by the norms of this branch of law.

Subject of labor law

Labor law, in comparison with other branches of the group of branches of private law, has certain features, in particular:

Combination of substantive and procedural law;

Relations between participants in regulated relations are built on two levels: individual and collective.

The subject of labor law is social relations arising in connection with the direct activities of people in the process of labor (performance of work), as well as other closely related relations.

In accordance with Art. 15 of the Labor Code of the Russian Federation, labor Relations- these are relations based on an agreement between the employee and the employer on the personal performance by the employee of the labor function for payment (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work entrusted to the employee), subordination of the employee to the rules of internal labor regulations while providing the employer with working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract.

If an employment contract is not concluded or, instead of an employment contract, the parties conclude a civil law contract, but it is established that there are essential signs of an employment relationship in the specific relationship between the employee and the employer, then the relationship between the employee and the employer will be recognized as labor with appropriate application to such relations of labor legislation and other acts containing labor law norms.

In addition to labor relations, the subject of labor law includes other social relations closely related to them, in particular:

Employment and employment relations;

Relations on vocational training, retraining and advanced training directly with the employer;

Relationships on the liability of the parties to the employment contract;

Relations on social partnership;

Relationships to supervise compliance with labor laws;

Relations on consideration of labor disputes.

Features of the method of legal regulation of labor and other directly related relations.

Method shows how and by what legal methods and means the regulation of social relations is carried out.

labor law method- a set of legal means used in the regulation of labor and related relations.

The complex nature of the labor law method consists in a combination of public law and private law components.

The main features of the labor law method:

1) equality of the parties to the labor relationship when concluding an employment contract and subordinating the employee in the process of labor activity to the rules of internal labor regulations;

2) the basis for the emergence of labor relations is a bilateral act - an employment contract;

3) a variety of ways to establish the rights and obligations of the parties (laws and by-laws, collective agreements and agreements, local regulations and labor contracts);

4) the specificity of the protection of labor rights (consideration of individual and collective labor disputes, state supervision and control, self-defense) and ensuring the performance of duties by the employee (disciplinary and financial responsibility).

Signs of the method of labor law in terms of ways to establish labor law:

Combination of centralized and local regulation;

Combination of state and contractual regulation;

Participation of employees' representatives in the establishment of labor law norms;

Unity and differentiation of legal regulation;

Combination of imperative and dispositive regulation.

Principles of labor law.

Labor law principles- the main provisions, general principles and ideas that express the essence of labor law. The principles of labor law are enshrined in Art. 37 of the Constitution of the Russian Federation and in the Labor Code of the Russian Federation.

The principles of labor law are general principles and ideas that express the essence of the industry.

Industry principles (characteristic only for labor law, article 2 of the Labor Code of the Russian Federation).

The basic principles of labor law are enshrined in Art. 2 of the Labor Code of the Russian Federation:

1. freedom of labor, including the right to work, which everyone freely chooses or freely agrees to, the right to dispose of their abilities for work, to choose a profession and type of activity;

3. unemployment protection and employment assistance;

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

5. equality of rights and opportunities for employees;

6. Ensuring the right of each employee to timely and full payment of fair wages providing worthy of a man existence for himself and his family, and not below the minimum wage established by federal law;

7. Ensuring equal opportunities for employees, without any discrimination, for advancement in work, taking into account labor productivity, qualifications and work experience in the specialty, as well as for vocational 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 form 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. combination of state and contractual regulation of labor relations and other relations directly related to them;

11. social partnership, which includes the right to participation of employees, employers, their associations in the contractual regulation of labor relations and other relations directly related to them;

12. obligatory compensation for harm 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, the implementation of state supervision and control over their observance;

14. ensuring the right of everyone to protection by the state of his labor rights and freedoms, including judicial protection;

15. Ensuring the right to resolve individual and collective labor disputes, as well as the right to strike in the manner prescribed 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 right of the employer to demand from employees the performance of their labor duties and respect for the property of the employer and the right of employees to demand that the employer comply with his obligations in relation to 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 employees to protect their dignity during the period of employment;

Sources of labor law.

Legislative and other legal acts regulating labor relations are called sources of labor law, and their totality is called labor legislation.

Regulatory legal acts are among the most common and significant sources of labor law. As already noted, they differ in their legal force and, accordingly, in their place in the system of sources.

1. The Constitution of the Russian Federation proclaims the basic human rights in the sphere of labor, which form the basis of the relevant institutions of labor law. These include:

The right to association, including the right to form trade unions to protect one's interests (art. 30);

The right to freely dispose of one's abilities to work, to choose the type of activity and profession;

The right to work in conditions that meet safety and hygiene requirements;

The right to remuneration for work without any discrimination and not lower than the minimum wage established by federal law;

The right to protection from unemployment;

The right to rest (art. 37).

In addition to the enumerated rights, art. 37 of the Constitution of the Russian Federation recognizes the right to individual and collective labor disputes using the methods of their resolution established by federal law, including the right to strike.

In addition to securing the basic labor rights and principles of labor law, the norms of the Constitution of the Russian Federation are important for building a system of sources of labor law. Yes, Art. 15 of the Constitution of the Russian Federation includes the generally recognized principles and norms of international law and international treaties of the Russian Federation in the legal system of the country. For labor law, this provision is very important, since a significant part of human rights are labor rights, such as the right to work, the right to rest, to associate, etc. These rights and the mechanism for their implementation are reflected both in international pacts, declarations, and in multilateral international treaties - conventions of the International Labor Organization. Their recognition as directly operating on the territory of the Russian Federation is evidence of Russia's integration into international community and proof of her commitment to general humanistic ideals.

The Constitution of the Russian Federation (Article 72) refers labor legislation to the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

2. The Labor Code is the basic act of the industry and in accordance with Part 3 of Art. 5 of the Labor Code takes precedence over other federal laws.

The Labor Code defines the content of all institutions of labor law. It contains the conceptual apparatus of the industry, consolidates the basic principles of legal regulation of labor relations, determines the legal status of the employee and the employer. The Code plays a key role in the mechanism of legal regulation of labor relations, establishing the rights of employees, their guarantees and ways to protect them.

3. Along with Labor Code other federal laws apply in the field of labor law. Among them should be mentioned:

Law of the Russian Federation "On Employment in the Russian Federation", as amended. Federal Law No. 36-FZ of April 20, 1996, which established a mechanism for exercising the constitutional right to protection from unemployment;

Federal Law No. 92-FZ of May 1, 1999 "On the Russian Tripartite Commission for the Regulation of Social and Labor Relations", which provides for the formation of a special tripartite body whose tasks are to conduct collective bargaining and prepare a draft general agreement, consult on issues related to the development draft federal laws and other normative legal acts in the field of social and labor relations, federal programs in the sphere of labor, harmonization of the positions of the parties in the main areas of social policy, etc.

Labor law is also contained in other federal laws. Thus, Federal Law No. 10-FZ of January 12, 1996 "On trade unions rights and guarantees of activity" provides for the rights of trade unions to represent and protect the interests of workers in collective bargaining, in resolving a collective labor dispute, in the implementation of local regulation and law enforcement.

A number of federal laws provide for the peculiarities of the legal regulation of labor relations of certain categories of workers. For example, the Law of the Russian Federation of February 19, 1993 N 4520-1 "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Areas" establishes more favorable working conditions for workers forced to work in harsh climatic conditions.

Federal Law No. 136-FZ of November 7, 2000 "On social protection Citizens Employed in Works with Chemical Weapons" provides for special working conditions for workers directly involved in work related to the detoxification, maintenance, and destruction of chemical weapons.

Federal Law No. 115-FZ of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation" determines the conditions for attracting foreign citizens to work on the territory of the Russian Federation. Examples can be continued.

All of these laws are valid to the extent that they do not contradict the Labor Code.

4. Certain federal constitutional laws are relevant to labor law. For example, the Federal Constitutional Law of May 30, 2001 N 3-FKZ "On the State of Emergency" among the measures and temporary restrictions applied when a state of emergency is introduced, provides for the prohibition of strikes and other ways of suspending or terminating the activities of organizations (Article 11). The prohibition of strikes may be provided for by a decree of the President of the Russian Federation on the introduction of a state of emergency.

5. Decrees of the President of the Russian Federation containing labor law norms are by-laws and must not conflict with the Labor Code and other federal laws.

Decrees of the President regulate some issues of remuneration of employees of the public sector, the conditions of public service (in particular, the procedure for preparing and conducting attestation of civil servants, the procedure for calculating the length of service, determining the amount of wages, etc.). Decrees approved some statutes on discipline.

6. Decrees of the Government of the Russian Federation, as a rule, are aimed at concretizing the relevant law or at regulating individual elements of the labor relationship, as well as the implementation of differentiation in labor law. Here are some examples:

Decree of the Government of the Russian Federation of March 16, 2000 N 234 "On the procedure for concluding labor contracts and certification of heads of federal state unitary enterprises";

Decrees of the Government of the Russian Federation approved a certain number of charters and regulations on discipline;

A large number of resolutions of the Government of the Russian Federation are adopted on labor protection. They approve provisions on various federal oversights, lists of dangerous and hazardous work, rules for certification of workplaces for working conditions. Decree of the Government of the Russian Federation of December 15, 2000 N 967 approved the Regulations on the investigation and registration of occupational diseases.

7. The last place in the hierarchy of federal acts is occupied by departmental acts. They are adopted in accordance with the regulations on specific ministries, registered with the Ministry of Justice of the Russian Federation and published for general information. Among them, a special place is occupied by acts of the Ministry of Labor and Social Development of the Russian Federation, which established certain working conditions (for example, working hours and rest time for employees individual industries economy), determined standard labor standards, approved a unified tariff and qualification guide, qualification guides positions of managers and specialists of individual branches of the national economy. In addition, the Ministry of Labor of Russia adopted acts of normative interpretation - explanations that are mandatory for law enforcers.

8. Municipal legal acts. Along with the regulatory legal acts adopted by state authorities, labor law is governed by acts adopted in accordance with the procedure established by law by local governments and the employer.

Decisions of the representative bodies of municipalities in the field of labor are usually taken on the issues of establishing working conditions for employees of municipal enterprises, concluding an employment contract with the head of a municipal enterprise, and promoting employment.

9. Local regulations. A specific source of labor law is a local normative act adopted by the employer within its competence. Such an act applies to all employees of a given organization or to certain categories of employees specifically indicated in the act itself. As a rule, a local normative act is adopted taking into account the opinion of the representative body of employees.

For example, Art. 190 of the Labor Code provides that the internal labor regulations are approved by the employer, taking into account the opinion of the representative body of employees.

Unlike collective agreements and agreements that are concluded after collective bargaining and are valid for a certain period (up to three years), the procedure for adopting local acts has not been established, they can be both urgent (with a specified period of validity) and permanent (without expiration dates).

10. Laws and other normative legal acts of the constituent entities of the Russian Federation. In accordance with the Constitution of the Russian Federation, labor legislation belongs to the subjects of joint jurisdiction of the Russian Federation and its subjects.

Since the beginning of the 90s. in the subjects of the Russian Federation, a significant number of laws and other regulations in the field of labor relations have been adopted, but they do not have any significant significance for streamlining labor relations and perform the function of an auxiliary regulator.

By the nature of the legal regulation being implemented, the regulatory acts adopted by the subjects of the Russian Federation can be divided into four categories:

1) laws implementing advanced legal regulation;

2) acts, legislative and by-laws, aimed at concretizing the provisions of federal legislation, taking into account regional characteristics of the labor market, organization of labor activity, climatic conditions, etc.;

3) acts that increase the level of labor rights and guarantees of employees;

4) normative acts regulating public relations of exclusively regional significance.

Thus, all labor legislation can be brought into a certain system:

1. Federal laws, constitutional and ordinary current laws (Constitution, Fundamentals of Labor Protection Legislation, Labor Code, Law "On Employment", "Collective Agreements and Agreements").

2. Ratified by the state international legal acts on labor - treaties and conventions of the International Labor Organization (ILO). To date, the ILO has adopted 75 conventions. Our country has ratified only 50 conventions, and now only 44 are in force.

3. Regulatory decrees of the President, which usually provide for additional measures to protect the rights of citizens.

4. Decrees of the Government of the Russian Federation, which are adopted on a wide variety of issues.

5. Acts of federal executive bodies, the so-called departmental acts, which can be of an intradepartmental nature, as well as an interdepartmental nature (Decrees of the Ministry of Labor and Social Development, the Ministry of Finance and Economy of the Russian Federation).

6. Laws and other regulatory legal acts of the constituent entities of the Russian Federation - labor legislation is jointly administered by the constituent entities and the Russian Federation (as a rule, they provide for additional benefits for employees).

7. Acts of local governments, which establish labor standards at their own expense.

8. Agreements on social and labor issues. These are legal acts that regulate social and labor relations between employees and employers and are concluded at the level of the Federation, subject of the Russian Federation, industry, profession, territory.

9. Collective agreements and other local regulations adopted directly in the organization and applicable to employees of this organization (Charters, Internal Labor Regulations, regulations on remuneration, bonuses, etc.).

10. Acts of the former Union in the part that does not contradict the Constitution, the legislation of the Russian Federation (Article 4).

11. The norms of labor law may be contained in normative acts relating in general to other branches of law.

The right of a party to an employment relationship is an opportunity for a party to demand positive actions from the obligated, including the guilty, party to comply with regulatory legal acts in the field of labor and the terms of an employment contract, enshrined in a law, other regulatory legal act containing labor law norms, or an agreement, prevention of violations of a subjective right or its restoration in case of violation.

The basic subjective rights of an employee and an employer established by the Labor Code of the Russian Federation are determined, concretized and detailed by departmental and local regulations, a collective agreement, agreements and an employment contract.

A legal obligation in an employment relationship is a measure of proper behavior of the obligated party prescribed by the norms of labor law in the interests of the authorized party (subject), provided with the possibility of state coercion.

Obligation is always established where there is a subjective labor right. A legal obligation is not an action, but only its necessity. The features of an obligation in an employment relationship are:

- the need to take active positive actions in favor of the entitled party in order to prevent violation of its rights;

– the need for the obligated party to behave in the prescribed manner;

- the need to refrain from actions prohibited by labor law;

- the possibility of applying state coercion to the obligated party in the event that it fails to carry out the mandatory actions required by law or contract or commit actions that are prohibited by the Labor Code of the Russian Federation.

Thus, in the system of relations regulated by labor law, labor relations are the central link. Other directly related to labor relations are due to their existence. In the vast majority of cases, the termination of labor relations leads to the termination of other relations included in the scope of labor law, and, conversely, the emergence of labor relations gives rise to other directly related relations regulated by labor law.

The basis for the emergence employment relationship is the conclusion of an employment contract, which involves a bilateral expression of will (agreement): the employee - to go to work with this employer, and the employer - to hire him.

However, sometimes the emergence of an employment relationship is possible only if there is a complex legal fact. So, according to Art. 16 of the Labor Code of the Russian Federation, in the cases and in the manner established by labor legislation and other regulatory legal acts containing labor law norms, or by the charter (the organization’s regulation), labor relations arise on the basis of an employment contract as a result of:

- election to office;

- election by competition to fill the relevant position;

– appointment to a position or approval in a position;

- referrals to work by authorized bodies in accordance with federal law on account of the established quota;

- a court decision on the conclusion of an employment contract.

Labor relations between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his representative in the case when the employment contract was not properly executed.

In Art. 57 of the Labor Code of the Russian Federation establishes an extensive list of issues and conditions to be agreed between the employee and the employer, which should be content of the employment contract. All conditions that can be agreed upon by the parties in an employment contract are divided into three main groups:

1. Data that must be indicated in the employment contract (part 1 of article 57 of the Labor Code of the Russian Federation):

Surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - an individual) who entered into an employment contract;

Information about the documents proving the identity of the employee and the employer - an individual;

Taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);

Information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;

Place and date of conclusion of the employment contract.

2. Conditions that are mandatory for inclusion in an employment contract (part 2 of article 57 of the Labor Code of the Russian Federation):

Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;

Labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If, in accordance with the Labor Code of the Russian Federation, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the least

The date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the period of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law;

Terms of remuneration (including the size of the tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments);

Working hours and rest time (if for this employee it differs from the general rules in force for this employer);

Compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;

Conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);

A condition on compulsory social insurance of an employee in accordance with the Labor Code of the Russian Federation and other federal laws;

Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

3. Additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular (part 4 of article 57 of the Labor Code of the Russian Federation):

Clarification of the place of work (indicating the structural unit and its location) and (or) the workplace;

About the test;

On non-disclosure of legally protected secrets (state, official, commercial and other);

On the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

On the types and conditions of additional employee insurance;

On improving the social and living conditions of the employee and his family members;

On clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.

From the analysis of Art. 57 of the Labor Code of the Russian Federation it is clear that the conditions contained in h.h. 1 and 2 of this article must be agreed by the parties in the employment contract. As an additional guarantee of the rights of the employee, if at the conclusion of the employment contract it did not include any information and (or) conditions provided for by the Labor Code of the Russian Federation, the legislator established a special rule according to which such employment contracts are not unconcluded and are not are subject to termination. At the same time, in accordance with Part 3 of Art. 57 of the Labor Code of the Russian Federation, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

Labor discipline and labor schedule: concepts, methods of provision, types of regulatory legal acts.

Labor discipline- it is mandatory for all employees to obey the rules of conduct defined in accordance with the Labor Code, other federal laws, a collective agreement, agreements, local regulations, an employment contract (Article 189 of the Labor Code of the Russian Federation).

1. As one of the basic principles of labor law - ensuring the fulfillment of the obligation to observe labor discipline.

2. As an element of an employment relationship (the obligation of an employee in an employment relationship to obey the labor discipline of a given production, internal labor regulations).

3. As actual behavior, that is, the level of compliance by all employees in a particular organization with labor discipline (this level can be high, medium or low).

4. As an institution of labor law (a system of legal norms governing the internal labor schedule, the obligations of the employee and the employer, establishing incentives for conscientious work and liability for violations of labor discipline, as well as the procedure for their application).

Labor discipline differs in the subjective and objective sense.

Labor discipline in an objective sense- a set of rules of law aimed at maintaining a certain legal order in the organization.

Labor discipline in the subjective sense– the steady performance by the employee of his duties under the employment contract and the internal labor regulations.

Basic concepts and directions of state policy in the field of labor protection.

In a broad sense, labor protection- this is a system for preserving the life and health of workers in the course of labor activity, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures (part 1 of article 290 of the Labor Code of the Russian Federation).

In a narrow sense, labor protection is a legal institution that combines norms directly aimed at ensuring working conditions that are safe for the life and health of workers.

1) norms-principles of state policy in the field of labor protection;

2) rules of state management of labor protection;

3) the right of the employee to labor protection and its guarantees;

4) norms for ensuring safe conditions and labor protection by the employer, including preventive supervision and investigation of industrial accidents;

5) rules on safety and industrial sanitation, the system of labor safety standards (SSBT);

6) special norms of labor protection for certain categories of workers.

In Art. 210 TK formulated the main directions of state policy in the field of labor protection, which are specified in the norms governing labor protection. They include:

♦ ensuring the priority of preserving the life and health of employees;

♦ adoption and implementation of normative acts in the field of labor protection, as well as federal, departmental and territorial target programs for improving working conditions and labor protection;

♦ state management of labor protection;

♦ state supervision and control over compliance with labor protection requirements;

♦ promotion of public control over labor protection;

♦ state examination of working conditions;

♦ investigation and recording of industrial accidents and occupational diseases;

♦ Establishing the procedure for attestation of workplaces in terms of working conditions and the procedure for confirming the compliance of the organization of work on labor protection with state regulatory requirements for labor protection;

♦ protecting the legitimate interests of employees who have suffered from accidents at work and occupational diseases, as well as members of their families (on the basis of compulsory social insurance against accidents at work and occupational diseases);

♦ establishment of compensations for hard work and work with harmful or dangerous working conditions;

♦ participation of the state in the financing of labor protection measures;

♦ pursuing an effective tax policy that stimulates the creation of safe working conditions and the development (implementation) of safe equipment and technologies, the production of means of individual and collective protection of workers, etc.

Financing of measures to improve working conditions and labor protection is carried out at the expense of the federal, regional and local budgets of the Russian Federation, extra-budgetary sources in the manner prescribed by law. It can also be carried out at the expense of voluntary contributions of organizations and individuals.

Financing of these measures by employers (with the exception of state unitary enterprises and federal institutions) is carried out in the amount of at least 0.2% of the cost of production of products (works, services).

Employees do not bear the costs of financing measures to improve working conditions and labor protection (Article 226 of the Labor Code).

Occupational safety is an element of the labor relationship between an employee and an employer. By concluding an employment contract, both parties acquire a wide range of mutual rights and obligations related to ensuring healthy and safe working conditions.

Forms of pay.

The result of labor is passed down from generation to generation, there is progress in science, new technologies are regularly discovered.

Thanks to labor, society does not stand still, but develops, it was he who determined the name of the legal branch - labor law, it has become independent since 1918.

general information

According to this law, homogeneous norms in their totality regulate relations that begin and develop further, and they are associated with human labor.

This right establishes the regime of human labor, the rules established to protect human labor, the consideration of disputes in connection with the implementation of labor activities.

Those. the law regulates the relations in society that are related to the work of people in production.

Every branch of law has your subject. In this case, they are relations associated with human labor that appear when a person works in production, as well as social relations that are interconnected with basic labor relations. They link the participants during the workflow. Right regulated labor code of the Russian Federation.

The main working relations (labor) themselves arise when an employee enters into an agreement with his employer.

Relationship types

The legal industry speaks for itself; has a direct relationship with people to human labor.

Basic relations and social derivatives constitute a legal subject. Derived relations:

All groups of relations in the subject are specified in the Labor Code, however, not every relationship, even if related to human labor, can be regulated by law.

For example, if a person works in his garden, cleans the house, does laundry, the student is studying at school or serving in the army. All this will be only useful work, labor relations do not arise here, therefore the norms of the law do not apply here.

The law regulates only those relations that arise in the work itself related to production. The joint work of people should be well organized, controlled and managed by someone.

A labor organization can be social and technical:

1. Technical- here the employee uses all labor tools, machinery, equipment, materials. Man is interconnected with nature, influences it and uses it for his working purposes. The law does not apply here, only technical instructions and rules. The technical organization of labor is nothing else than the organization of the management of technology and the production of products.
2. Social- people are interconnected during their joint work in production. The norms of the law regulate relations connected with the ownership of the product of labor, which is ultimately obtained.

Both sides interconnected with each other and have mutual influence. social side labor organization intertwined with the foundations of society (economic and political).

The labor relations- this is the relationship of performers and managers in production during the work process.

What is included in the subject of labor law

The subject of labor law are relations related to human labor in any production. They are public (total 9 groups).

Labor Relations- basic, basic among them. All the rest are derivatives and cannot exist separately from the main ones, they are also included in the subject.

These relationships arise on a voluntary basis by agreement between people(by the employee and the person offering the job).

The employee agrees to work, to comply with all the rules and conditions of work, daily routine, etc., and the employer must regularly pay for the work and provide normal conditions so that people can work comfortably.

These conditions are spelled out in the Law, contract, agreement. They arise after the contract is signed.

Subject of regulation

The norms of the legal branch in their combination create a separate legal system, or rather a part of it, which, in turn, regulates homogeneous relations of a social type.

Any legal branch has its own group of relations (types) that it is designed to regulate.

Labor law is closely related to human labor, which is paid. Each industry has a legal subject of regulation, which has the character of law. It determines the types of relations in the field of labor, which are regulated by legal norms.

Here the social process itself is a subject that must be regulated from the legal side. If the relationship is legal, then all participants have rights and obligations, and must strictly observe them.

So, subject of regulation- there is a social side related to labor, associated with its organization, types of relations in society that people have while working in any kind of production.

Types of labor relations

The subject of labor law is the types of relations. The main group includes:

• main place of work;
• combination with another place of work;
• temporary work (up to 2 months);
• seasonal work;
• work for an individual entrepreneur;
• work done at home;
• work in the civil service;
• work of persons involved in sports or working in Russian missions abroad.

The concept and subject of labor law include derivative relations from labor, there are 9 groups. They can be the forerunners of labor, accompany them, or follow them, their existence is impossible without the basic ones.

There are several types of relations in law:

• those who are engaged in the organization and management of labor act as accompanying ones;
• those that are aimed at protecting, complying with the law.

Derived Type Relationship Groups:

For employment - the law regulates employment through a service that helps to find work (employment).

The relations between this service and the person offering a job to provide vacancies, between the service and people who want to get a job, as well as relations between people and their leaders, are regulated by this service.

For professional training, increasing the level of knowledge and professionalism - training, mastering a new profession.

The relationship between a person who is studying and a person offering a job, they appear during training, taking exams, working in a new place.

For social partnership, negotiations, signing agreements or treaties - here relations are regulated by law after the signing of the contract or agreement.

Social partnership is a relationship between representatives of a person performing a labor function and a person offering a job.

By accepting the participation of employees and trade union bodies during the determination working conditions - the relationship of the two sides of production in the organization of good conditions so that people can work.

According to the management activities of labor, its organization - the employer himself organizes the work of his subordinates, hiring, while he is obliged to comply with the Law, the rights of workers should not be violated.

Upon the occurrence of material liability for any of the parties - the party causing harm during his work will be found guilty by law and will be punished in the form of liability.

To control and supervise that the law is strictly observed − this is done by government agencies (labor inspectorate, prosecutor's office, Rospotrebnadzor, Rostekhnadzor).

For the resolution of disputes arising during the work process- they can appear on either side and are associated with labor. (individual and collective type of dispute).

Social Security- must be done when a person gets a job.

So, they regulate labor relations that appear in the process of implementation. It indicates all the rights and obligations of the parties, penalties in the form of responsibility if anyone violates them.

And the subject of Russian labor law is labor relations and their derivatives that appear to people during the direct work process.

Labor relations are the most important in law and its subject, and derivatives are already based on them, there are 9 groups of them.