Labor legislation of the Russian Federation. When was the Labor Code of the Russian Federation adopted? Trade Secret Law
Today, February 1, 2017, is a rather significant date. Exactly 15 years ago, the Labor Code Russian Federation. To the question: “When was the Labor Code of the Russian Federation adopted”, we answer that it was adopted on December 30, 2001, on the basis of Art. 420 of the Labor Code of the Russian Federation was put into effect on February 1, 2002.
The Labor Code of the Russian Federation replaced the Labor Code of the Russian Federation, which was adopted in the last month of 1971. So the current code is still quite young compared to its predecessor. Interestingly, the last change to the Labor Code of the Russian Federation was made just a week before the entry into force of the new code. On the basis of the Decree of the Constitutional Court of the Russian Federation, some norms were recognized as inconsistent with the Constitution.
Why was the new Labor Code adopted?
The Labor Code of the Russian Federation was adopted at the time Soviet Union. And so he did not meet the requirements of the real market economy, and the Constitution of the Russian Federation as well.
After 15 years of the Labor Code of the Russian Federation, it can be said that it was adopted in a very “raw” form, as evidenced by the incalculable amendments and changes. I often remember the times when there were no reference legal systems, the Internet, and we usually pasted all the changes and additions directly into the paper copy of the code.
In my opinion, the Labor Code of the Russian Federation was adopted as a kind of compromise solution aimed at securing the rights of workers and employers. At the same time, despite the fact that I fully support workers in the first place, it is on employers that the current Labor Code has placed an unbearable burden of various guarantees and compensations, which often make it economically unprofitable to play by the rules. And this leads to ignoring the conclusion of employment contracts, gray salaries and so on.
Perhaps this should not be associated with the entry into force in 2002 of the Labor Code of the Russian Federation, but in our country there has been a clear stratification. Now I don't mean oligarchs and factory workers. I want to talk about ordinary employees who have become "state employees", "municipal employees" and simply "state employees". The gap in the level of wages, various guarantees and compensations for workers, for example, in the social sphere, is very large. Doing the same job people have very different level life and the higher it is, the higher the worker rises through the steps of state or municipal service.
Conclusion
Now you know when the Labor Code of the Russian Federation was adopted, what caused it. In my opinion, in society today there is a need not for the adoption of a new Labor Law, no. It is necessary to implement the basic principles of the already existing Labor Code, namely:
- equality of rights and opportunities for employees;
- Ensuring the right of every worker to a fair wage that ensures a decent living for himself and his family.
Labor law helps to resolve issues that arise between the employee and the employer regarding the labor relations that exist between them. There are several important laws and regulations that you cannot do without in your work activity.
The main document on labor law is the Labor Code. It regulates the general foundations of labor relations, without specifics and specifics. For example, one of its articles says that the employer is obliged to pay his employee annual leave, and the amount and procedure for payment is regulated by another law.
This law consists of 424 articles, which are combined into 62 chapters. Each chapter of the code is important in solving labor issues.
The Labor Code is important for both the employee and the employer.
Civil Code
If it's about civil law relations, then the norms of the Labor Code of the Russian Federation cannot be applied. To regulate such relations, it is necessary to focus on the provisions Civil Code, and in particular:
- On chapter 37 "In a row";
- To chapter 38 "Performance of research, development and technological work";
- To chapter 39 "Provision of services for a fee"
Constitution of the Russian Federation
The Constitution of our country is directly related to labor activity. In paragraph 2 of Art. 7 says that "labor is protected by the state", through the establishment of a minimum wage.
Also in Art. 37 says that every citizen of our country has the right to choose his profession and work activity at his own discretion.
The Constitution speaks of the criminality of labor discrimination on any grounds.
Administrative Code
In Art. 37 of the Constitution states that every citizen has the right to receive remuneration for his work. If the employer, who must pay remuneration (that is, wages and other payments) does not comply with his obligations, then he is subject to administrative liability under Art. 5. 27 and 5. 31 of the Code of Administrative Offenses of the Russian Federation for an administrative offense.
Criminal Code
In cases of regular violation of labor legislation by the employer, the employer may also be subjected to criminal penalties in accordance with Art. 145.1 of the Criminal Code of the Russian Federation.
tax code
This federal law is related to the labor law chapter 23, regarding the calculation and payment of income tax from each employee who works under an employment contract.
The provisions of this chapter are more often used by accountants than employees. However, the latter need to know the provisions of Art. 218 of the Tax Code of the Russian Federation on the provision of standard tax deductions to persons with children.
The Law of the Russian Federation of April 19, 1991 No. 1032-1 "On Employment in the Russian Federation" defines an employed and unemployed citizen, suitable and unsuitable work.
This law regulates the provision of guarantees by the state to employed and unemployed citizens of our country.
Labor protection law
Federal Law No. 181-FZ of July 17, 1999 "On the Basics of Labor Protection in the Russian Federation" states that every employee has the right to work in acceptable and safe conditions.
If one of the parties to labor relations violates the conditions for labor protection, then it is subject to civil liability in accordance with the provisions of Chapter 59 of the Civil Code of the Russian Federation.
Trade Union Law
Trade unions and similar organizations began to revive in enterprises after 2008. But they still must be guided in their activities by Federal Law No. 10-FZ of January 12, 1996 "On trade unions, their rights and guarantees of activity."
This law is about rights. trade union organizations, guarantees that they provide to employees, on the protection of their rights and responsibilities.
There is such a Federal Law of March 7, 2018 “On Personal Data”. In total, this law has 25 articles, and they are combined into 6 chapters.
Each employer, hiring an employee, gets access to his personal data - full name, passport data, numbers and series of diplomas and other information. The employer has no right to disclose this information. Both sides of the employment relationship should be aware of this.
Trade Secret Law
The employer has the right to attribute some information relating to the activities of his enterprise to a trade secret. This must be done in accordance with the Federal Law of July 24, 2004 No. 98-FZ “On Trade Secrets”.
The employee, in turn, does not have the right to disclose information that constitutes a trade secret from the employer, if he has access to it, by virtue of the performance of his labor duties.
Such an employee may be subject to disciplinary liability by the employer. However, the employer must familiarize each employee with the provision on such a secret.
About postponing holidays
Every year, the Government of our country develops a new Decree on the postponement of days off. In 2015, the Decree of the Government of the Russian Federation dated August 27, 2014 No. 860 “On the postponement of days off” is in force.
This Decree must be familiarized with both employees and the employer, in order to effective use available working time.
About the average salary
Every employee should be aware that payments for sick leave, for vacation and other payments, are calculated based on the average salary of this employee.
But not everyone knows how this average is calculated. For this, there is a Decree of the Government of the Russian Federation dated December 24, 2007 No. 922 "On the features of the procedure for calculating the average wage."
Accountants are guided by this Decree, but the employee also needs to familiarize himself with it.
About benefits for pregnancy and childbirth, as well as for child care
There are no organizations where women do not work. To calculate the average earnings for the payment of benefits to women who are on maternity leave or already have children under the age of 1.5 years, there is a Regulation on the calculation of average earnings (income, monetary allowance) when assigning maternity benefits and monthly care allowances child to certain categories of citizens, approved. Decree of the Government of the Russian Federation of December 29, 2009 N 1100.
This Regulation plays an important role both for the female employee and for the employer.
Laws governing relations with certain categories of workers
In addition to the above regulations and laws, there are many more that regulate specific labor relations. For example, Federal Law No. 125-FZ dated October 22, 2004 “On Archiving in the Russian Federation” or the Regulation “On the Peculiarities of Sending Employees to business trips", approved by the Decree of the Government of the Russian Federation of 13. 10. 2008 No. 749.
About working conditions
The laws that regulate specific working conditions include the Law of the Russian Federation of February 19, 1993 No. 4520 - I "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Localities." This law refers to the specification of wages for those who work in difficult climatic conditions, taking into account regional coefficients and northern allowances.
About the work functions performed
The laws that regulate the performance of certain labor functions include the Law of the Russian Federation of March 11, 1992 No. 2487 - I "On Private Detective and Security Activities in the Russian Federation" and the Law of the Russian Federation of June 26, 1992 No. 3131-I " On the Status of Judges in the Russian Federation".
Regional legislation
The authorities of the regions have the right to issue their own regulations, which cannot contradict federal legislation. For example, the Law of the City of Moscow dated October 22, 1997 No. 41 "On liability for violating the procedure for attracting and using foreign labor in Moscow" with latest changes and additions.
The Code defines labor relations between employees and employers and takes precedence over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.
The Labor Code of the Russian Federation, in particular, establishes the rights and obligations of the employee and the employer, regulates the issues of labor protection, professional training, retraining and advanced training, employment, social partnership. The rules of payment and labor rationing, the procedure for resolving labor disputes are fixed. Separate chapters are devoted to the features legal regulation labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).
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The first Russian labor code was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.
The Code introduced the following concepts:
- workers- persons working for remuneration;
- remuneration for work- provided in the form of money, services (for example, the provision of housing) or products (including food);
- living wage- the minimum remuneration for work established for the given locality;
- preliminary test- a certain period preceding the final admission to a long-term job;
- normal work time - the time set for the production of this work by the tariff regulation;
- shift work- continuous work, which requires several work shifts;
- overtime work- work beyond the normal working hours was allowed in exceptional cases;
- holidays - set days on which work is not performed;
- production rate- the amount of work established by the pricing commission and approved by the labor department, carried out under normal conditions during normal working hours;
- labor inspection- the body responsible for the protection of life, health and labor of persons engaged in economic activities;
- labor distribution department- a body that registers the unemployed and provides them with jobs.
The first code introduced the following duties of workers:
- labor service- the duty of every citizen of the RSFSR;
- personal employment history- a document with notes on the work performed, remuneration and benefits received;
- the possibility of attracting adult male able-bodied population to work overtime;
- performance of the number of works not less than the established production standards;
- compliance internal regulations;
- notification to the division of power distribution and the trade union about the fact of replacement at the workplace of a worker who left the workplace without permission.
The following rights of workers were declared:
- right to work- the right to use labor in their specialty and for a fixed remuneration;
- remuneration for work not lower than the established subsistence level;
- receiving remuneration for work at least once every two weeks;
- possibility of dismissal own will(in fact, this right was eliminated by the need to justify the reason for dismissal, which would suit the body of workers' self-government);
- the duration of normal working time is not more than 8 daytime or 7 night hours per day.
- reduced working hours for persons under 18;
- reduced working hours for heavy and hazardous work;
- lunch break;
- extra break for breastfeeding;
- weekly uninterrupted rest for at least 42 hours;
- shortened working day before the day of rest;
- annual vacation;
- cash allowance and free medical assistance in case of illness, pregnancy and childbirth;
- unemployment benefit in the amount of the worker's remuneration for work according to his tariff, group and category;
- allowance for workers who do not work in their specialty.
The Code explicitly forbade workers to work during annual leave and holidays, limited the duration labor day 8 hours during the day and 7 hours at night (before that, according to the law of June 2, 1897, the working day was limited to 11.5 hours). When the fact of such work was established, the remuneration received by him was withheld from the worker. It was also forbidden to receive additional remuneration for work except for normal working hours and overtime. Advance payment was prohibited.
The following funds were introduced:
- Unemployment Insurance Fund;
- Local health insurance companies.
After 4 years, in 1922, the code was revised.
Code of 1922
The second code was adopted by a decree of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, Secretary of the All-Russian Central Executive Committee Yenukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.
Compared with the previous code, new concepts were introduced, such as:
- passbook;
The code established an 8-hour working day, uninterrupted rest, lasting at least 42 hours, an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the time before childbirth and after childbirth: 6 weeks before and 6 weeks after - for workers mental labor, 8 weeks - for manual workers; additional (except for lunch) breaks for feeding infants were also introduced.
The Code established a list of public holidays, and also introduced the concept of professions of "clerical and mental labor". There was no old-age pension, instead there was only "the right to social security in case of disability."
With some amendments, the code was in effect for almost half a century.
Part I
Section I General provisions
Article 1. Goals and objectives of labor legislation
Article 2. Basic principles of legal regulation of labor relations and other relations directly related to them
Article 3. Prohibition of discrimination in the sphere of labor
Article 4. Prohibition of forced labor
Article 5. Labor legislation and other acts containing labor law norms
Article 6
Article 7. Repealed
Article 8. Local regulations containing labor law norms
Article 9. Regulation of labor relations and other relations directly related to them in a contractual manner
Article 10. Labor legislation, other acts containing labor law norms, and international law norms
Article 11. Operation of labor legislation and other acts containing labor law norms
Article 12
Article 13
Article 14. Calculation of termsArticle 15. Labor relations
Article 16. Grounds for the emergence of labor relations
Article 17. Labor relations arising on the basis of employment contract as a result of being elected
Article 18
Article 19
Article 19.1 Labor relations arising on the basis of an employment contract as a result of recognizing relations related to the use of personal labor and arising on the basis of a civil law contract as labor relations
Article 20. Parties to labor relations
Article 21. Basic rights and obligations of an employee
Article 22. Basic rights and obligations of the employerPart II
Section II. Social partnership in the world of work
Article 23. The concept of social partnership in the sphere of labor
Article 24. Basic principles of social partnership
Article 25. Parties to social partnership
Article 26. Levels of social partnership
Article 27. Forms of social partnership
Article 28Article 29. Representatives of employees
Article 30. Representation of the interests of workers by primary trade union organizations
Article 31. Other representatives of employees
Article 32
Article 33. Representatives of employers
Article 34. Other representatives of employersArticle 35
Article 35.1. Participation of social partnership bodies in the formation and implementation of state policy in the sphere of laborArticle 36. Collective bargaining
Article 37. Procedure for Conducting Collective Bargaining
Article 38. Settlement of disputes
Article 39. Guarantees and compensations to persons participating in collective bargainingArticle 40. Collective agreement
Article 41. Content and structure of the collective agreement
Article 42. Procedure for developing a draft collective agreement and concluding a collective agreement
Article 43
Article 44
Article 45 Agreement Types of agreements
Article 46. Content and structure of the agreement
Article 47. Procedure for developing a draft agreement and concluding an agreement
Article 48. Validity of the agreement
Article 49
Article 50. Registration of a collective agreement, agreement
Article 51. Control over the fulfillment of a collective agreement, agreementArticle 52. The right of employees to participate in the management of the organization
Article 53Article 54
Article 55Part III
Section III. Labor contract
Article 56. The concept of an employment contract. Parties to the employment contract
Article 56.1. Prohibition of agency work
Article 57. Content of an employment contract
Article 58. Term of an employment contract
Article 59. Fixed-term employment contract
Article 60
Article 60.1. Part-time work
Article 60.2. Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract
Article 61. Entry into force of an employment contract
Article 62. Issuance of copies of documents related to workArticle 63. Age from which the conclusion of an employment contract is allowed
Article 64. Guarantees when concluding an employment contract
Article 64.1. Conditions for concluding an employment contract with former state and municipal employees
Article 65. Documents presented at the conclusion of an employment contract
Article 66
Article 67. Form of an employment contract
Article 68
Article 69. Medical examination (examination) at the conclusion of an employment contract
Article 70
Article 71Article 72
Article 72.1. Transfer to another job. moving
Article 72.2. Temporary transfer for another job
Article 73. Transfer of an employee to another job in accordance with a medical report
Article 74
Article 75
Article 76. Suspension from workArticle 77. General grounds for termination of an employment contract
Article 78. Termination of an employment contract by agreement of the parties
Article 79. Termination of a fixed-term employment contract
Article 80
Article 81. Termination of an employment contract at the initiative of the employer
Article 82
Article 83. Termination of an employment contract due to circumstances beyond the control of the parties
Article 84
Article 84.1. General procedure for processing the termination of an employment contractArticle 85. The concept of personal data of an employee. Processing of personal data of an employee
Article 86 General requirements when processing personal data of an employee and guaranteeing their protection
Article 87. Storage and use of personal data of employees
Article 88. Transfer of personal data of an employee
Article 89. The rights of employees in order to ensure the protection of personal data stored by the employer
Article 90Section IV. Work time
Article 91. The concept of working time. Normal working hours
Article 92. Reduced hours of work
Article 93. Part-time work
Article 94. Duration of daily work (shift)
Article 95
Article 96. Night work
Article 97. Work outside the established duration of working hours
Article 98
Article 99. Overtime workArticle 100. Working hours
Article 101. Irregular working day
Article 102. Work in the regime of flexible working hours
Article 103. Shift work
Article 104
Article 105. Division of the working day into partsSection V Rest Time
Article 106. The concept of rest time
Article 107. Types of rest timeArticle 108. Breaks for rest and meals
Article 109. Special breaks for heating and rest
Article 110. Duration of weekly uninterrupted rest
Article 111. Holidays
Article 112. Non-working holidays
Article 113. Prohibition of work on weekends and public holidays. Exceptional cases of involving employees to work on weekends and non-working holidaysArticle 114. Annual paid holidays
Article 115. Duration of the annual basic paid leave
Article 116. Annual additional paid holidays
Article 117
Article 118. Annual additional paid leave for the special nature of work
Article 119. Annual additional paid leave for employees with irregular working hours
Article 120. Calculation of the duration of annual paid holidays
Article 121
Article 122. Procedure for granting annual paid holidays
Article 123
Article 124. Extension or postponement of annual paid leave
Article 125 Review from vacation
Article 126. Replacement of annual paid leave with monetary compensation
Article 127. Realization of the right to leave upon dismissal of an employee
Article 128. Leave without paySection VI. Pay and labor regulation
Article 129. Basic concepts and definitions
Article 130
Article 131. Forms of remuneration
Article 132. Payment according to workArticle 133. Establishment of the minimum wage
Article 133.1. Establishing the amount of the minimum wage in the constituent entity of the Russian Federation
Article 134
Article 135. Establishment of wages
Article 136. Procedure, place and terms of payment of wages
Article 137. Limitation of deductions from wages
Article 138. Limitation of the amount of deductions from wages
Article 139. Calculation of the average wage
Article 140
Article 141
Article 142
Article 143 Tariff systems wages
Article 144
Article 145
Article 146. Remuneration for work in special conditions
Article 147
Article 148. Payment for labor at work in areas with special climatic conditions
Article 149
Article 150
Article 151
Article 152. Payment for overtime work
Article 153. Payment for work on weekends and non-working holidays
Article 154. Payment for work at night
Article 155
Article 156
Article 157. Payment for idle time
Article 158. Payment for labor in the development of new industries (products)Article 159. General provisions
Article 160. Labor standards
Article 161. Development and approval of model labor standards
Article 162. Introduction, replacement and revision of labor standards
Article 163Section VII. Guarantees and compensation
Article 164. Concept of guarantees and compensations
Article 165. Cases of provision of guarantees and compensationsArticle 166. The concept of a business trip
Article 167. Guarantees when sending employees on business trips
Article 168. Reimbursement of expenses related to a business trip
Article 168.1. Reimbursement of expenses related to business trips of employees, permanent job which is carried out on the road or has a traveling character, as well as with work in the field, work of an expeditionary nature
Article 169. Reimbursement of expenses when moving to work in another localityArticle 170
Article 171 labor disputes
Article 172Article 173 educational institutions higher vocational education, and employees entering the specified educational institutions
Article 173.1. Guarantees and compensations for employees who combine work with receiving higher education- training highest qualification, as well as employees admitted to the competition for the degree of candidate of science or doctor of science
Article 174
Article 175
Article 176
Article 177Article 178. Severance pay
Article 179
Article 180
Article 181
Article 181.1 Severance pay, compensation and other payments to employees in certain cases of termination of employment contractsArticle 182. Guarantees when transferring an employee to another lower-paid job
Article 183. Guarantees for an employee in case of temporary disability
Article 184
Article 185. Guarantees for employees sent for medical examination (examination)
Article 186
Article 187
Article 188. Reimbursement of expenses when using personal property of an employeeSection VIII. Labor schedule. Labor discipline
Article 189. Labor discipline and work schedule
Article 190Article 191. Incentives for work
Article 192. Disciplinary penalties
Article 193. The procedure for applying disciplinary sanctions
Article 194. Removal of a disciplinary sanction
Article 195 structural unit organizations, their deputies at the request of the representative body of employeesSection IX. Vocational training, retraining and advanced training of employees
Article 195.1. The concepts of employee qualification, professional standard
Article 195.2. The procedure for the development and approval of professional standards
Article 195.3. The procedure for applying professional standards
Article 196. Rights and obligations of the employer for the training and retraining of personnel
Article 197. The right of employees to professional training, retraining and advanced trainingArticle 198
Article 199
Article 200
Article 201
Article 202. Organizational forms of apprenticeship
Article 203. Time of apprenticeship
Article 204. Payment for apprenticeship
Article 205
Article 206. Invalidity of the terms of the student agreement
Article 207
Article 208Section X. Labor protection
Article 209. Basic concepts
Article 210. Main directions of state policy in the field of labor protectionArticle 211. State regulatory requirements for labor protection
Article 212 safe conditions and labor protection
Article 213 Medical examinations certain categories of workers
Article 214. Obligations of an employee in the field of labor protection
Article 215. Compliance of production facilities and products with state regulatory requirements for labor protectionArticle 216. State administration of labor protection
Article 216.1. State examination of working conditions
Article 217. Labor protection service in an organization
Article 218. Committees (commissions) for labor protectionArticle 219. The right of an employee to work in conditions that meet the requirements of labor protection
Article 220
Article 221. Providing employees with personal protective equipment
Article 222
Article 223
Article 224. Additional labor protection guarantees for certain categories of employees
Article 225. Education and professional training in the field of labor protection
Article 226. Financing of measures to improve working conditions and labor protection
Article 227. Accidents subject to investigation and accounting
Section 228. Obligations of an Employer in the Event of an Accident
Article 228.1. Procedure for notification of accidents
Article 229. Procedure for the formation of commissions for the investigation of accidents
Article 229.1. Terms of investigation of accidents
Article 229.2. Procedure for conducting an accident investigation
Article 229.3. Investigation of accidents by state labor inspectors
Article 230
Article 230.1. The procedure for registration and accounting of accidents at work
Article 231Section XI. Material liability parties to an employment contract
Article 232
Article 233Article 234
Article 235
Article 236
Article 237. Compensation for moral damage caused to an employeeArticle 238. Liability of an employee for damage caused to the employer
Article 239. Circumstances excluding material liability of an employee
Article 240
Article 241. Limits of material liability of an employee
Article 242. Full liability of an employee
Article 243. Cases of full liability
Article 244. Written agreements on the full liability of employees
Article 245
Article 246. Determining the amount of damage caused
Article 247
Article 248. Procedure for recovery of damage
Article 249. Reimbursement of expenses associated with employee training
Article 250Part IV
Section XII. Features of labor regulation of certain categories of workers
Article 251. Features of labor regulation
Article 252Article 253
Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years
Article 255. Leave for pregnancy and childbirth
Article 256. Child care leave
Article 257
Article 258. Breaks for feeding a child
Article 259
Article 260
Article 261
Article 262. Additional days off for persons caring for disabled children and women working in rural areas
Article 262.1. The sequence of granting annual paid leave by persons raising children with disabilities
Article 263 Additional holidays without pay for child caregivers
Article 264. Guarantees and benefits for persons raising children without a motherArticle 265
Article 266. Medical examinations (examinations) of persons under the age of eighteen years
Article 267. Annual basic paid leave for employees under the age of eighteen
Article 268
Article 269
Article 270
Article 271
Article 272. Features of employment of persons under the age of eighteen yearsArticle 273. General provisions
Article 274
Article 275. Conclusion of an employment contract with the head of the organization
Article 276
Article 277
Article 278. Additional grounds for terminating an employment contract with the head of an organization
Article 279
Article 280. Early termination of an employment contract at the initiative of the head of the organization
Article 281 executive body organizationsArticle 282. General provisions on part-time work
Article 283
Article 284
Article 285
Article 286
Article 287. Guarantees and compensations for persons working part-time
Article 288. Additional grounds for termination of an employment contract with persons working part-timeArticle 289. Conclusion of an employment contract for a period of up to two months
Article 290
Article 291. Paid holidays
Article 292. Termination of an employment contractArticle 293. Seasonal work
Article 294
Article 295. Paid holidays for employees engaged in seasonal work
Article 296. Termination of an employment contract with employees engaged in seasonal workArticle 297. General provisions on work on a rotational basis
Article 298. Restrictions on work on a rotational basis
Article 299. Watch duration
Article 300. Accounting for working time when working on a rotational basis
Article 301. Modes of work and rest when working on a rotational basis
Article 302. Guarantees and compensations for persons working on a rotational basisArticle 303. Conclusion of an employment contract with an employer - an individual
Article 304. Term of an employment contract
Article 305. Regimes of work and rest
Article 306
Article 307. Termination of an employment contract
Article 308. Resolution of individual labor disputes
Article 309. Documents confirming the period of work for employers - individualsArticle 309.1. General provisions
Article 309.2 Regulation of labor relations and other directly related relations with the employer - a small business entity, which is classified as a micro-enterprise, by local regulations containing labor law norms, and employment contractsArticle 310. Home workers
Article 311. Conditions under which home work is allowed
Article 312. Termination of an employment contract with homeworkersArticle 312.1. General provisions
Article 312.2. Features of concluding and changing the terms of an employment contract on remote work
Article 312.3. Features of the organization and labor protection of remote workers
Article 312.4. Features of the working hours and rest time of a remote worker
Article 312.5. Peculiarities of termination of an employment contract on remote workArticle 313
Article 314
Article 315
Article 316 wages
Article 317
Article 318
Article 319. Additional day off
Article 320. Shortened working week
Article 321. Annual additional paid leave
Article 322
Article 323. Guarantees of medical care
Article 324
Article 325
Article 326. Compensation for expenses related to moving
Article 327. Other guarantees and compensationsArticle 327.1. General provisions
Article 327.2. Features of concluding an employment contract with an employee who is a foreign citizen or stateless person
Article 327.3. Documents presented by a foreign citizen or stateless person when applying for a job
Article 327.4. Features of the temporary transfer of an employee who is a foreign citizen or stateless person
Article 327.5. Peculiarities of suspension from work of an employee who is a foreign citizen or a stateless person
Article 327.6. Peculiarities of termination of an employment contract with an employee who is a foreign citizen or stateless person
Article 327.7. Features of the payment of severance pay to an employee who is a foreign citizen or stateless personArticle 328. Employment directly related to the movement of vehicles
Article 329
Article 330. Discipline of employees whose work is directly related to the movement of vehiclesArticle 330.1. General provisions
Article 330.2. Features of admission to underground work
Article 330.3. Medical examinations (examinations) of workers engaged in underground work
Article 330.4. Suspension from work of workers engaged in underground work
Article 330.5. Additional obligations of the employer in the organization and conduct of underground workArticle 331
Article 331.1. Peculiarities of dismissal of teaching staff
Article 332
Article 333
Article 334. Annual basic extended paid leave
Article 335
Article 336. Additional grounds for termination of an employment contract with a teacherArticle 336.1. Features of the conclusion and termination of an employment contract with a researcher
Article 336.2. Head of a scientific organization, deputy heads of a scientific organization
Article 336.3. Additional grounds for termination of an employment contract with the head, deputy head of a scientific organizationArticle 337 public institutions Russian Federation abroad
Article 338
Article 339
Article 340
Article 341Article 341.1. General provisions
Article 341.2. Peculiarities of labor regulation of workers temporarily sent by a private employment agency to others individuals or legal entities under an agreement on the provision of labor of employees (personnel)
Article 341.3. Peculiarities of labor regulation of employees temporarily sent by an employer that is not a private employment agency to other legal entities under an agreement on the provision of labor of employees (staff)
Article 341.4. Investigation of an accident that occurred with an employee who was temporarily sent to work under an agreement on the provision of labor of employees (personnel) and who participated in production activities host country
Article 341.5. Subsidiary liability for the obligations of the employer arising from labor relations with employees sent temporarily to work under an agreement on the provision of labor of employees (staff)Article 342. Parties to an employment contract in a religious organization
Article 343. Internal regulations of a religious organization
Article 344 religious organization and its changes
Article 345. Working hours of persons working in religious organizations
Article 346. Liability of employees of religious organizations
Article 347. Termination of an employment contract with an employee of a religious organization
Article 348. Consideration of individual labor disputes of employees of religious organizationsArticle 348.1. General provisions
Article 348.2. Features of concluding employment contracts with athletes, with coaches
Article 348.3. Medical examinations of athletes
Article 348.4. Temporary transfer of an athlete to another employer
Article 348.5. Suspension of an athlete from participation in sports competitions
Article 348.6. Sending athletes, coaches to the sports teams of the Russian Federation
Article 348.7. Features of the work of an athlete, part-time coach
Article 348.8. Features of labor regulation of athletes under the age of eighteen
Article 348.9. Features of the regulation of the labor of women athletes
Article 348.10. Additional guarantees and compensations for athletes, coaches
Article 348.11. Additional grounds for terminating an employment contract with an athlete
Article 348.11-1. Additional grounds for terminating an employment contract with a coach
Article 348.12. Features of termination of an employment contract with an athlete, with a coachArticle 349
Article 349.1. Features of labor regulation of employees public corporations, public companies, state companies
Article 349.2. Features of labor regulation of employees of the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, other organizations created by the Russian Federation on the basis of federal laws, organizations created to fulfill the tasks assigned to federal state bodies
Article 349.3. Limitation of the amount of severance pay, compensations and other payments in connection with the termination of employment contracts for certain categories of employees
Article 349.4. Peculiarities of labor regulation of certain categories of employees of credit institutions
Article 349.5. Placement of information on the average monthly salary of managers, their deputies and chief accountants of organizations in the information and telecommunication network "Internet"
Article 350
Article 351 mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works
Article 351.1. Restrictions on employment in the field of education, upbringing, development of minors, organization of their recreation and rehabilitation, medical support, social protection and social services, in the field of youth sports, culture and art with the participation of minors
Article 351.2. Features of labor regulation of persons whose labor activity is related to the preparation and holding of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup in the Russian Federation
Article 351.3. Some features of labor regulation of workers in the field of special assessment of working conditions
Article 351.4. Additional grounds for terminating an employment contract with an assistant, a notary employee
Article 351.5. Features of the labor activity of persons working for residents of the territory of advanced socio-economic developmentPart V
Section XIII. Protection labor rights and freedom. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
Article 352. Ways to protect labor rights and freedoms
Article 353
Article 353.1. Departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms
Section 354. Federal Labor Inspectorate
Article 355
Article 356. Basic Powers of the Federal Labor Inspectorate
Article 357. Fundamental Rights of State Labor Inspectors
Article 358. Obligations of state labor inspectors
Article 359. Independence of state labor inspectors
Article 360. Procedure for organizing and conducting inspections of employers
Article 361. Appeal against decisions of state labor inspectors
Article 362. Liability for violation of labor legislation and other normative legal acts containing labor law norms
Article 363
Article 364. Responsibility of state labor inspectors
Article 365
Article 366. State supervision over compliance with the requirements for safe work at hazardous production facilities
Article 367
Article 368
Article 369. State supervision over compliance with nuclear and radiation safety requirementsArticle 370. Right trade unions to exercise control over compliance with labor legislation and other regulatory legal acts containing labor law norms, compliance with the conditions collective agreements, agreements
Article 371. Making decisions by the employer, taking into account the opinion of the trade union body
Article 372
Article 373
Article 374
Article 375. Guarantees for released trade union workers
Article 376
Article 377
Article 378. Responsibility for violation of the rights of trade unionsArticle 379. Forms of self-defense
Article 380Article 381. The concept of an individual labor dispute
Article 382. Bodies for the consideration of individual labor disputes
Article 383. Procedure for consideration of labor disputes
Article 384. Formation of labor dispute commissions
Article 385. Competence of the commission on labor disputes
Article 386
Article 387
Article 388
Article 389. Execution of decisions of the labor dispute commission
Article 390
Article 391. Consideration of individual labor disputes in courts
Article 392
Article 393. Release of employees from legal expenses
Article 394
Article 395. Satisfaction of monetary claims of an employee
Article 396. Execution of decisions on reinstatement at work
Article 397Article 398. Basic concepts
Article 399
Article 400. Consideration of claims of employees, trade unions and their associations
Article 401. Conciliation procedures
Article 402. Consideration of a collective labor dispute by a conciliation commission
Article 403. Consideration of a collective labor dispute with the participation of a mediator
Article 404. Consideration of a collective labor dispute in labor arbitration
Article 405. Guarantees in connection with the resolution of a collective labor dispute
Article 406. Avoidance of participation in conciliation procedures
Article 407
Article 408. Agreements reached in the course of resolving a collective labor dispute
Article 409. Right to strike
Article 410
Article 411
Article 412. Obligations of the parties to a collective labor dispute during a strike
Article 413. Illegal strikes
Article 414. Guarantees and legal status workers in connection with the strike
Article 415. Prohibition of lockout
Article 416
Article 417. Responsibility of employees for illegal strikes
Article 418Article 419. Types of liability for violation of labor legislation and other acts containing labor law norms
Article 420
Article 421
Article 422
Article 423. Application of laws and other normative legal acts
Article 424. Application of this Code to legal relations arising before and after its entry into forceSigning: President December 30 Entry into force: 1st of February First post: "Rossiyskaya Gazeta" No. 256 of December 31 Labor Code of the Russian Federation- codified legislative act (code) on labor, Federal Law No. 197-FZ of December 30, 2001. It was put into effect on February 1, 2002 instead of the Code of Labor Laws of the RSFSR (Labor Code of the RSFSR) of 1971 that was in force before it. The Code defines labor relations between employees and employers and takes precedence over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.
The Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates the issues of labor protection, professional training, retraining and advanced training, employment, social partnership. The rules of payment and labor rationing, the procedure for resolving labor disputes are fixed. Separate chapters are devoted to the peculiarities of the legal regulation of the labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).
Sections of the Labor Code of the Russian Federation
- Section I. General Provisions
- Section II. Social partnership in the sphere of labor
- Section III. Labor contract
- Section IV. Work time
- Section V Rest Time
- Section VI. Pay and labor regulation
- Section VII. Guarantees and compensation
- Section VIII. Labor schedule, labor discipline
- Section IX. Vocational training, retraining and advanced training of employees
- Section X. Labor protection
- Section XI. Liability of the parties to the employment contract
- Section XII. Features of labor regulation of certain categories of workers
- Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
- Section XIV. Final provisions
Story
Code of 1918
The first Russian labor code was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.
The Code introduced the following concepts:
- workers- persons working for remuneration;
- remuneration for work- provided in the form of money, services (for example, the provision of housing) or products (including food);
- living wage- the minimum remuneration for work established for the given locality;
- preliminary test- a certain period preceding the final admission to a long-term job;
- normal working hours- the time set for the production of this work by the tariff regulation;
- shift work- continuous work, which requires several work shifts;
- overtime work- work beyond the normal working hours was allowed in exceptional cases;
- holidays- set days on which work is not performed;
- production rate- the amount of work established by the pricing commission and approved by the labor department, carried out under normal conditions during normal working hours;
- labor inspection- the body responsible for the protection of life, health and labor of persons engaged in economic activities;
- labor distribution department- a body that registers the unemployed and provides them with jobs.
The first code introduced the following duties of workers:
- labor service- the duty of every citizen of the RSFSR;
- personal employment history- a document with notes on the work performed, remuneration and benefits received;
- the possibility of attracting adult male able-bodied population to work overtime;
- performance of the number of works not less than the established production standards;
- compliance internal regulations;
- notification to the division of power distribution and the trade union about the fact of replacement at the workplace of a worker who left the workplace without permission.
The following rights of workers were declared:
- right to work- the right to use labor in their specialty and for a fixed remuneration;
- remuneration for work not lower than the established subsistence level;
- receiving remuneration for work at least once every two weeks;
- the possibility of dismissal at will (in fact, this right was eliminated by the need to justify the reason for dismissal, which would suit the body of workers' self-government);
- the duration of normal working time is not more than 8 daytime or 7 night hours per day.
- reduced working hours for persons under 18;
- reduced working hours for heavy and hazardous work;
- lunch break;
- extra break for breastfeeding;
- weekly uninterrupted rest for at least 42 hours;
- shortened working day before the day of rest;
- annual vacation;
- cash allowance and free medical assistance in case of illness, pregnancy and childbirth;
- unemployment benefit in the amount of the worker's remuneration for work according to his tariff, group and category;
- allowance for workers who do not work in their specialty.
The Code explicitly prohibited workers from working during their annual leave and holidays. When the fact of such work was established, the remuneration received by him was withheld from the worker. It was also forbidden to receive additional remuneration for work except for normal working hours and overtime. Advance payment was prohibited.
The following funds were introduced:
- Unemployment Insurance Fund;
- Local health insurance companies.
After 4 years, in 1922, the code was revised.
Code of 1922
The second code was adopted by a decree of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, Secretary of the All-Russian Central Executive Committee Yenukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.
Compared with the previous code, new concepts were introduced, such as:
- passbook;
- severance pay;
The code established an 8-hour working day, uninterrupted rest, lasting at least 42 hours, an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the time before childbirth and after childbirth: 6 weeks before and 6 weeks after - for mental workers, 8 weeks - for manual workers; additional (except for lunch) breaks for feeding infants were also introduced.
The Code established a list of public holidays, and also introduced the concept of professions of "clerical and mental labor". There was no old-age pension, instead there was only "the right to social security in case of disability."
With some amendments, the code was in effect for almost half a century.
Labor Code 1971 (Labor Code)
In 1971, a new code was adopted that established the 41-hour working week, added new holidays and new benefits, including establishing the right to leave to care for a child until he reaches 3