Labor legislation of the Russian Federation. When was the Labor Code of the Russian Federation adopted? Trade Secret Law

31.08.2021

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.).

Encyclopedic YouTube

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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 terms

    Article 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 employer

    Part 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 28

    Article 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 employers

    Article 35
    Article 35.1. Participation of social partnership bodies in the formation and implementation of state policy in the sphere of labor

    Article 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 bargaining

    Article 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, agreement

    Article 52. The right of employees to participate in the management of the organization
    Article 53

    Article 54
    Article 55

    Part 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 work

    Article 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 71

    Article 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 work

    Article 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 contract

    Article 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 90

    Section 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 work

    Article 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 parts

    Section V Rest Time

    Article 106. The concept of rest time
    Article 107. Types of rest time

    Article 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 holidays

    Article 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 pay

    Section VI. Pay and labor regulation

    Article 129. Basic concepts and definitions
    Article 130
    Article 131. Forms of remuneration
    Article 132. Payment according to work

    Article 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 163

    Section VII. Guarantees and compensation

    Article 164. Concept of guarantees and compensations
    Article 165. Cases of provision of guarantees and compensations

    Article 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 locality

    Article 170
    Article 171 labor disputes
    Article 172

    Article 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 177

    Article 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 contracts

    Article 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 employee

    Section VIII. Labor schedule. Labor discipline

    Article 189. Labor discipline and work schedule
    Article 190

    Article 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 employees

    Section 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 training

    Article 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 208

    Section X. Labor protection

    Article 209. Basic concepts
    Article 210. Main directions of state policy in the field of labor protection

    Article 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 protection

    Article 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 protection

    Article 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 231

    Section XI. Material liability parties to an employment contract

    Article 232
    Article 233

    Article 234
    Article 235
    Article 236
    Article 237. Compensation for moral damage caused to an employee

    Article 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 250

    Part IV

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

    Article 251. Features of labor regulation
    Article 252

    Article 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 mother

    Article 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 years

    Article 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 organizations

    Article 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-time

    Article 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 contract

    Article 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 work

    Article 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 basis

    Article 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 - individuals

    Article 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 contracts

    Article 310. Home workers
    Article 311. Conditions under which home work is allowed
    Article 312. Termination of an employment contract with homeworkers

    Article 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 work

    Article 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 compensations

    Article 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 person

    Article 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 vehicles

    Article 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 work

    Article 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 teacher

    Article 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 organization

    Article 337 public institutions Russian Federation abroad
    Article 338
    Article 339
    Article 340
    Article 341

    Article 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 organizations

    Article 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 coach

    Article 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 development

    Part 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 requirements

    Article 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 unions

    Article 379. Forms of self-defense
    Article 380

    Article 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 397

    Article 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 418

    Article 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 force

    Signing: 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

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