Subject of legal regulation of labor law. Subject of labor law. Methods of legal regulation of social and labor relations. Types of labor relations

The subject of a branch of law is its most important system-forming feature and represents a set of interconnected social relations regulated by the norms of a given branch of law.

Item labor law- is a complex of social relations associated with the use of dependent (dependent) labor.

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

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

professional training, retraining and advanced training of workers directly from this employer;

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

participation of workers and trade unions in establishing working conditions and applying labor legislation in cases provided for by law;

financial liability employers and workers in the world of work;

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

permission labor disputes;

compulsory social insurance in cases provided for federal laws.

Let's consider these social relations.

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

It is necessary to pay attention to the fact that the Labor Code uses the term “labor relations”. This is not entirely accurate. On labor relations (in plural) can only be said in the case when some generalization occurs and individual and collective labor relations are combined into one group18. In the strict sense of the word, there is one labor relationship that arises between an employee and an employer. This has always been emphasized by experts in the field of labor law19.

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

The labor legal relationship is complex; its content is not limited to one pair of rights and obligations of the employee and the employer corresponding to each other. Regarding the employee’s performance of a labor function, there arises the whole complex related rights and obligations of the parties to the employment relationship.

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

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

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

Organizational aspect characterized by the presence of an element of power-subordination in the relationship between the employee and the employer. The employer has the right to organize the labor activities of employees at its own discretion, establish internal labor regulations, and the employee must obey the employer’s requirements and comply with the current regulations.

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

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

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

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

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

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

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

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

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

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

The activities of the organization are ensured by a team of workers, each of whom performs the work stipulated by the agreement with the employer. It is the team as a whole that achieves solutions to the problems set production tasks- produces finished products, provides a range of services, etc. An employee in an employment relationship performs only a small part of the work to achieve the final result of the organization’s activities. In the course of his work, he is forced to coordinate his work with the work of other employees of the organization.

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

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

The subject of which is a set of social relations regulated by the norms of a given industry.

The subject of labor law regulation Russia is the relationship between people in the process of their work, which are called labor relations. But it should be noted that the subject of regulation of labor legislation also includes a number of relations directly related to labor.

Labor relations are relationships based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function (work but position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work assigned to the employee), the employee’s subordination to internal labor regulations when the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, employment contract (Article 15 of the Labor Code of the Russian Federation).

Types of labor relations

The base part of the item legal regulation labor law represents labor relations, among which the following types should be highlighted:

• labor relations at the main place of work;
• labor relations in part-time work (Chapter 44 of the Labor Code of the Russian Federation);
• labor relations in temporary work for a period of up to two months (Chapter 45 of the Labor Code of the Russian Federation);
• labor relations at seasonal work(Chapter 46 of the Labor Code of the Russian Federation);
• labor relations of employees working for employers - individuals 1 (Chapter 48 of the Labor Code of the Russian Federation);
• labor relations when performing work at home (Chapter 49 of the Labor Code of the Russian Federation);
• labor relations in the public service;
• labor relations of certain categories of employees (athletes, employees in the Russian Federation mission abroad, etc.).

The second component of the subject legal regulation of labor law are relations directly related to labor (derived from labor). These relations are based on labor relations and cannot exist in isolation from them.

Article 1 of the Labor Code of the Russian Federation identifies nine groups of such relations.

1. Employment relationship with a given employer.

The employment process can be varied: firstly, a person can look for a job himself; secondly, he can turn to commercial recruitment agency; thirdly, a person can contact the state employment service. Labor law essentially regulates only the third employment option, of which the employment service is an obligatory participant. The basis for the legal regulation of this type of employment is determined by federal law. Law of the Russian Federation dated April 19, 1991 No. 1032-1 “On employment in Russian Federation» regulates this institution of labor law, the following subgroups of legal relations:

Relations between the employment service and employers regarding the determination of vacant jobs. Employment legislation establishes the obligation of employers to report information about available job vacancies to the state employment service.

The relationship between the employment service and citizens wishing to find a job regarding their registration as unemployed, determining their qualifications and finding a job suitable for them. This subgroup includes training for unemployed people who do not have a profession, Information Support citizens about the availability of jobs and some other issues.

Relations between citizens wishing to find a job and employers regarding the employment of citizens for vacant positions in the direction of the employment service. This subgroup also includes special forms of employment of certain categories of citizens in quota jobs. Yes, Art. 21 of the Federal Law of November 24, 1995 No. 181-FZ “On social protection disabled people in the Russian Federation" establishes a quota of jobs for the employment of disabled people, which determines social significance of this sub-institution of law and, accordingly, the close connection between labor law and law social security.

2. Relations regarding professional training, retraining and advanced training of workers directly with this employer.

As the name suggests, this type legal relations includes several subgroups according to the nature of training: training, retraining and advanced training. But as in all cases we're talking about about the development of new knowledge (during the training of an employee), it is necessary to separately highlight the student relationship that develops between the student (a person undergoing training, retraining or improving his qualifications) and the employer: regarding the learning process itself, which is carried out in work time; regarding passing qualifying exams and providing work in the acquired profession or increased rank (qualification).

Features of student relations are reflected in Chapter. 32 of the Labor Code of the Russian Federation, which determines that a student agreement with an employee of a given organization is additional to the employment contract (Article 198 of the Labor Code of the Russian Federation).

3. Relations on social partnership, collective bargaining, concluding collective agreements and agreements.

The peculiarity of this group of relations is that the social partnership system covers all levels - from the local level of the organization to the level of the Russian Federation. At all levels of the federal structure, contractual regulation of relations developing in the sphere of labor can be carried out. At the local level, the result of such a response is a collective agreement, and at a higher level of legal regulation (region, industry level National economy, a subject of the Russian Federation) the result is social partnership agreements. At the level of the Russian Federation, for the past twenty years, a General Agreement has been concluded every three years.

Social partnership is a relationship between employees and employers represented by their representatives, carried out, as a rule, with the participation of public authorities or bodies local government, which are aimed at ensuring coordination of the interests of workers and employers in the world of work.

4. Relations regarding the participation of workers and trade unions in establishing working conditions and applying labor legislation in cases provided for by law.

The main forms of employee participation in the management of the organization are outlined in Art. 53 Labor Code of the Russian Federation. This:

• taking into account the opinion of the representative body of employees in cases provided for by the Labor Code of the Russian Federation and the collective agreement;
• holding consultations with the employer by the representative body of employees on the adoption of local regulations;
• obtaining information from the employer on issues directly affecting the interests of employees;
• discussing with the employer issues about the work of the organization, making proposals for its improvement;
• discussion by the representative body of workers of plans for the social and economic development of the organization;
• participation in the development and adoption of collective agreements;
• other forms specified Labor Code, other federal laws, constituent documents organizations, collective agreements, local regulations.

If we evaluate the nature of the participation of workers and trade unions in establishing certain working conditions, then all cases of their participation can be divided into two parts:

• situations in which the participation of employees or their representatives is mandatory, and without it the employer’s decision cannot be considered lawful. For example: the creation of a labor dispute commission (LCC), the conclusion of a collective agreement, etc.;
• situations when the employer’s decision requires coordination with the opinion of the employees’ representative body or the decision is made taking into account the wishes of the employees. For example: drawing up a vacation schedule, adopting local regulations taking into account the opinion of the elected body of the primary trade union organization(Article 372 of the Labor Code of the Russian Federation), etc.

The second group is characterized by the fact that in case of disagreement with the opinion of employees or a representative body, the employer has the right to make his own decision.

5. Relations regarding labor organization and labor management.

The Labor Code of the Russian Federation does not have a separate section or chapter devoted to issues of organization and management of labor, but conceptually, a rule runs through the norms of labor legislation based on the fact that the employer creates jobs at his own discretion, hires workers to these jobs to carry out the employer’s interests. labor function, therefore the employer organizes the work of employees at his own discretion and manages labor also at his own discretion. But at the same time, the employer must not violate labor legislation and must not violate the rights of the employee established by law, collective agreement, or employment contract. That is, if the law establishes normal duration working week 40 hours (Article 91 of the Labor Code of the Russian Federation), then the employer should not require longer working hours, except in cases provided for by law and with appropriate payment. At the same time, if the legislation does not define a method of movement within the territory of the organization, then the employer may present an additional requirement to the employee for the ability to drive an electric vehicle or the ability to ride roller skates, if the employer determines this method of movement as optimal for employees who need to quickly move around the territory, and the territory is large. Naturally, the employer's demands must be reasonable and justified.

6. Relations regarding the financial liability of employers and employees in the labor sphere.

Financial liability is the obligation of one of the parties to an employment contract to compensate for damage caused as a result of its wrongful act to the other party to the employment contract in the manner and amount established by law. Well, since an employment contract has two parties, two subgroups are distinguished depending on who is held accountable:

• relations regarding the financial liability of employees;
• relations regarding the employer's financial liability.

Financial liability is an independent type of legal liability, which occurs regardless of the involvement of other types of legal liability. The exception is civil liability in the event of damage by an employee to the property of the employer or other persons when the employee performs the duties assigned to him by the employment contract. In this case, the employee is held financially liable.

7. Relations for supervision and control (including trade union control) over compliance with labor legislation (including legislation on labor protection) and other regulatory legal acts containing labor law standards.

It should be noted that what stands out:

• supervision and control over compliance with labor legislation, which is primarily carried out by state bodies such as the Federal Labor Inspectorate and the Prosecutor's Office, as well as control at the public level is carried out by trade unions, which, in the event of an employer's refusal to eliminate violations, can appeal to state supervisory authorities;
• supervision and control over compliance with labor protection legislation, in which, in addition to the general supervision and control bodies mentioned in the first paragraph, special government bodies also participate in the areas of their jurisdiction: Rospotrebnadzor - for compliance sanitary rules, Fire supervision - for fire safety, Energonadzor - for the rules for the use of electrical appliances, Atom supervision - for the use of nuclear energy, Rostskhnadzor - for the rules for the operation of dangerous mechanisms, heating installations, mining, blasting and other work. All these and some other bodies control activities that require compliance with special work safety rules in order to preserve the life and health of workers, which is the essence of labor protection.

8. Relations for resolving labor disputes.

- these are unresolved disagreements between participants labor relations submitted for consideration by a special jurisdictional body.

There are two subgroups:

• relations to resolve individual disputes when the interests of an individual employee are affected;
• relations for resolving collective labor disputes when the interests of the entire labor collective or part of it are affected.

Relations regarding compulsory social insurance in cases provided for by federal laws.

Compulsory social insurance for workers is based on the application of two main federal laws - this is the Federal Law “On compulsory social insurance against accidents at work and occupational diseases” dated July 24, 1998 No. 125-FZ, as well as the Federal Law “On compulsory social insurance for case of temporary disability and in connection with maternity" dated December 29, 2006 No. 255-FZ.

• social insurance against accidents at work and occupational diseases, which replaced the employer’s financial liability for harm caused to the life and health of employees;
• social insurance for temporary disability, which provides for the preservation of a certain amount of the employee’s earnings during the period of his illness and other cases (for example, a period of quarantine, prosthetics, sanatorium treatment, caring for a sick family member). Medical care itself is based on compulsory health insurance, which is studied by social security law, which determines the connection between these branches of law;
• social insurance in connection with maternity leave, which also defines the connection with social security law, which studies social security in connection with maternity and child care.

Thus, based on the above, it is already possible to determine general concept labor law of the Russian Federation.

Labor law is a set of legal norms that, with the active participation of the parties to an employment contract, regulate labor relations and those directly related to them, establish the mutual rights and obligations of their participants and determine penalties for violation.

Labor law

Labor law is an independent branch Russian law, the subject of which is a set of social relations regulated by the norms of a given industry.

The subject of regulation of Russian labor law is the relationship between people in the process of their work, which is called labor relations. But it should be noted that the subject of regulation of labor legislation also includes a number of relations directly related to labor.

Labor relations are relations based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function (work but position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work assigned to the employee), the employee’s subordination to internal labor regulations when the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract (Article 15 of the Labor Code of the Russian Federation).

The method of labor law is a set of methods (techniques) of legal regulation specific to a given branch of law, i.e. influencing, through the norms of law, the will of people in their behavior in the direction necessary for the state, society, workers and employers to obtain the optimal result of this regulation. The labor law method is implemented through the norms of labor legislation and reflects them.

The method of labor law answers the question: how and by what methods and techniques is the legal regulation of labor carried out?

Methods of legal regulation of labor:

1. A combination of centralized and local, regulatory (legislative) and contractual regulation.

Centralized, legislative regulation Labor establishes only a minimum level of guarantees of labor rights, which cannot be reduced by contractual and local means, but can be increased and increased. Locally in production due to own funds the level of guarantees established by law may be increased.

2. The contractual nature of labor and the establishment of its conditions.

An employment contract creates an employment relationship between an employee and an organization and establishes its necessary conditions.

The collective agreement establishes local standards that apply only to employees of this enterprise and, just like the terms of industry and other social partnership agreements, they increase guarantees of workers’ labor rights and are obligatory for the administration (employer), if its (his) representatives were participants in the negotiations.

3. Equality of parties to employment contracts.

4. Participation of workers independently and through their representatives (trade unions, work collectives) in the legal regulation of labor, that is, in the establishment and application of labor legislation, in monitoring their implementation, in the protection of labor rights.

Employers also participate in establishing and implementing working conditions.

5. A method of protecting labor rights specific to labor law, which, as a rule, combines the actions of the jurisdictional bodies of the labor collective (labor dispute commission) with judicial protection established by the Constitution of the Russian Federation for everyone.

6. Unity and differentiation (difference) of legal regulation of labor.

The unity of labor law is reflected in its general constitutional principles, in the common basic labor rights and responsibilities of workers and employers (administration), in the general provisions of the Labor Code of the Russian Federation and normative acts of labor legislation that apply to the entire territory of Russia and to all workers, wherever and by whomever they didn't work.

Differentiation is based on the unity of labor law and is expressed in the establishment of special working conditions for certain categories of workers.

2. Sources of labor law: concept of source, types of sources.

Sources of law - external forms expression and consolidation of legal norms. Sources are understood as acts of competent authorized bodies with regulatory content. The sources of labor law are understood as various regulations that regulate labor and closely related relations.

The source of labor law is the form of expression of labor legislation in a certain normative act. Such regulations may contain not only labor law norms, they can be complex, i.e., contain norms of various sectors, including labor law, for example, the Constitution of the Russian Federation or Law of the Russian Federation of February 19, 1993 No. 4520-1 “On state guarantees and compensation for persons working and living in the Far North and equivalent areas.”

Sources of labor law are adopted by various authorized bodies within their competence. It is known from the theory of law that, unlike other legal acts, normative acts contain rules of law and are designed for repeated application.

Sources of labor law must be distinguished from acts of law enforcement, for example, Decrees of the President of the Russian Federation on personal awards, conferring honorary titles or appointment to a position. A court decision on a specific labor dispute is also an act of application of labor legislation, and decisions of the Plenum

The Supreme Court is an act of interpretation and is not a source of law.

The sources of labor law indirectly reflect the economic and political components of the life of our society, and as they change, the sources also change. The sources of law constitute a certain system of legislation, which represents a set of normative acts, interconnected and located in a certain hierarchy.

Main classifications of labor law sources

The basic classification of labor law sources is their location according to legal force.

The hierarchy of sources of labor law is located as follows in accordance with Art. 5 of the Labor Code of the Russian Federation:

Constitution of the Russian Federation;

federal constitutional laws of the Russian Federation;

international regulations and treaties ratified by the Russian Federation;

federal laws, among which the Labor Code of the Russian Federation occupies a special place;

laws of the constituent entities of the Russian Federation on issues of their jurisdiction;

Decrees of the President of the Russian Federation;

resolutions of the Government of the Russian Federation;

regulatory acts of ministries and departments, among which a special place is occupied by the regulations of the previously existing Ministry of Labor and social development of the Russian Federation and the Ministry of Health and Social Development of the Russian Federation that replaced it;

regulatory acts of the authorities of the constituent entities of the Russian Federation on issues within the jurisdiction of the authorities of the Russian Federation (Article 6 of the Labor Code of the Russian Federation);

regulations of local government bodies;

local regulations (Article 8 of the Labor Code of the Russian Federation), which according to their main features correspond to the sources of law, but have the lowest level of legal force, since they should not contradict the legislation, and have the smallest scope of action - an individual enterprise.

A feature of the system of sources of labor law in Russia is the presence in the system of acts of social partnership, which, in accordance with the levels indicated in Art. 26 of the Labor Code of the Russian Federation will be at the level of the regulations indicated above in paragraphs 7-11.

Thus, the General Agreement concluded at the federal level is developed and signed with the participation of the Chairman of the Government of the Russian Federation. And in each type of social partnership act, the relevant authorities take part, which determines the level of their legal force.

Speaking about individual sources, of course, we should note the special place occupied by the Constitution of the Russian Federation, adopted on December 12, 1993. It has the highest legal force and direct effect throughout Russia.

It secures the basic labor rights of citizens as subjects of labor law and reflects the principles of labor law. And since the Constitution is the Basic Law, all other normative acts adopted in the Russian Federation are issued on the basis and in accordance with the Constitution of Russia (Article 15 of the Constitution).

In Art. 37 of the Constitution of the Russian Federation enshrines such basic labor rights as freedom of labor, the right to freely dispose of one’s ability to work, to choose the type of activity and profession, the prohibition of forced labor, the right to work in conditions that meet safety and hygiene, the right to remuneration for work without any no discrimination and no less than the minimum wage established by the state, as well as the right to protection from unemployment. Same article Article 37 of the Constitution enshrines the right to rest, legal restrictions on working hours, weekends and holidays, paid annual leave, as well as the right to individual and collective labor disputes, including the right to strike.

In addition to this article, the Constitution of the Russian Federation establishes equality before the law and the court (Article 19), the right to create trade unions (Article 30), the right to equal access to public service (Article 32), the right to freely use one’s abilities and property for business and other purposes not prohibited by law economic activity(Article 34), the right to health protection and medical care(Article 41), the right to education (Article 43).

Labor legislation is under the joint jurisdiction of the Russian Federation and its constituent entities (k, clause 1, Article 72 of the Constitution), but the regulation and protection of human and civil rights and freedoms falls under the jurisdiction of the Russian Federation (clause c, Article 71 of the Constitution) .

According to Art. 15 of the Constitution of the Russian Federation generally recognized principles and norms international law and international treaties of the Russian Federation are integral part legal system of the Russian Federation. They have become direct sources of Russian law and should play an important role in regulating labor relations. The International Labor Organization (ILO) operates in the international arena, created for the purpose of international cooperation in the field of labor regulation and social security within the UN. In this regard, the use of international labor standards V practical activities. ILO conventions ratified by Russia must be implemented in Russia.

But we should not forget about the sovereignty of the state, therefore federal constitutional laws, which can amend certain sections of the Constitution of the Russian Federation and which determine the constitutional foundations of the state (the judicial system, issues of introducing a state of emergency, etc.), have greater legal force than international normative acts and treaties ratified by the Russian Federation. According to Part 4 of Art. 15 of the Constitution of the Russian Federation, the priority of international acts over the laws of the Russian Federation should be considered only in terms of federal laws of the Russian Federation.

Federal laws The most important among the federal laws of the Russian Federation in the field of labor law is the Labor Code of the Russian Federation. This is a consolidated federal law that has been in force throughout Russia since February 1, 2002.

The Labor Code of the Russian Federation regulates the labor relations of all employees. The Labor Code provides for the establishment high level working conditions and full protection of the labor rights of workers.

In addition, such important laws as the Law of the Russian Federation “On Trade Unions, Their Rights and Guarantees of Operations”, the Law of the Russian Federation “On Employment in the Russian Federation” and others continue to be in force. The laws apply to the extent that they do not contradict the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation).

Of course, a considerable part of the regulations governing labor and closely related relations are made up of by-laws. Among them, the decrees and orders of the President of the Russian Federation take precedence; they should not contradict the Constitution and federal laws.

The President of the Russian Federation, in accordance with the Constitution and federal laws, determines the main directions of internal and foreign policy state, including in the field of legal regulation of labor. The President of the Russian Federation is the head of state. He has the right, by his orders and decrees, to suspend or repeal normative acts of the Government of the Russian Federation and executive authorities if they contradict the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation and international agreements of the Russian Federation.

It must be borne in mind that not all presidential acts should be considered as sources of labor law. Only decrees of a normative nature (i.e., containing normative provisions) have this significance. Other decrees, as a rule, are personalized and will not be a source of law (for example, decrees on awarding orders to employees or conferring honorary titles).

Decrees of the Government of the Russian Federation Decrees of the Government of the Russian Federation as sources of labor law are issued in pursuance of the Constitution of the Russian Federation, federal laws, and regulatory decrees of the president. They are acts of executive power, usually issued for the purpose of specifying, clarifying and actual implementation into the life of higher legal acts. A special place among government decrees is occupied by regulatory provisions adopted in accordance with the provisions of individual articles of the Labor Code of the Russian Federation (the Labor Code of the Russian Federation contains more than 60 references to decrees of the Government of the Russian Federation).

IN last years A qualitatively new source of labor law has appeared - Social Partnership Agreements (these include general, regional, intersectoral, sectoral, interregional, regional and territorial agreements), concluded on a tripartite basis. Social partners here are representatives of workers, employers and government authorities. Agreements as specific contractual sources of law are characterized by the fact that they come, as a rule, not from authorities, but from subjects of labor relations and their representatives. State bodies here act as the party ensuring social partnership. At the same time, the state authorizes social partners to create contractual rule-making in the sphere of labor and requires them to comply.

At the local level, a collective agreement is concluded, which is also an act of social partnership, designed to regulate labor relations directly in the organization, but only two parties are participants in it - the employees and the employer of a separate enterprise represented by their representatives.

Local regulations In the context of the transition to a market economy, local regulations are becoming increasingly important in regulating labor relations. Firstly, regulations adopted centrally establish, as a rule, the initial general provisions, which require or allow specification. Secondly, the administrative methods of economic management that dominated during the Soviet period are a thing of the past, and enterprises are given more rights and freedoms than before.

Local norms to a greater extent reflect the peculiarities of regulation of labor and social relations at each specific enterprise. They are developed by representatives of the employer with the participation of representatives of the workforce (usually a trade union body) or are adopted taking into account the opinions of employees (their representatives). To local regulations include Internal Labor Regulations, Regulations on Bonuses, Regulations on the Payment of Remuneration at the End of the Year, Regulations on Remuneration, Labor Safety Rules at the Enterprise, etc. Local regulations also include orders, instructions, instructions adopted by the management of the organization within their competence . Local regulations should not contradict higher regulations. Legislation regulates the procedure for the development, adoption and approval of individual local regulations. But it should be taken into account that the legislator separates the collective agreement, which is an act of social partnership at the local level, from local regulations.

Other source classifications are generally accepted.

1. According to the form of the act, the sources of labor law are divided into laws, decrees, regulations, rules, regulations, orders, instructions, recommendations and other forms.

Since the contractual nature in the regulation of labor relations is becoming increasingly important, the sources of labor law also include contracts of normative content - collective agreements and agreements (social partnership agreements).

2. According to the bodies that adopted the normative act, sources are divided into acts adopted by the highest legislative bodies of the Russian Federation, the President of the Russian Federation, adopted by the Government of the Russian Federation, issued by ministries, departments, federal public services, government bodies and administrations of constituent entities of the Russian Federation, adopted by local governments, etc. .

3. According to the scope of action, sources can operate throughout the territory of the Russian Federation - federal (for example, the Labor Code of the Russian Federation), operating in a separate subject (republican, regional, regional, etc.), sectoral (departmental), intersectoral, territorial (municipal or local) and local (within a specific enterprise).

4. According to the degree of generality: acts of labor legislation can be codified (Labor Code of the Russian Federation) and uncodified.

5. By sectoral affiliation: complex (the Constitution of the Russian Federation - contains norms for different sectors) and sectoral (law on trade unions).

6. According to the nature of the norms contained in them: general normative acts (the Labor Code of the Russian Federation) and special ones are distinguished (Law “On the Police”, Law “On the State civil service in the Russian Federation").

As can be seen from the classification, the types of sources of labor law can be very different.

All sources of Russian labor law are located in an interconnected system. The system of sources of law reflects the objective requirements of the branch of law system itself, in particular, it reflects the unity and differentiation of the sources of labor legislation.

Unity is reflected in the principles of legal regulation of labor that are common to all labor relations, in regulations common to all workers throughout Russia, i.e., in general labor legislation.

Differentiation (difference) is reflected by special legislation, i.e., special normative acts of labor law and special norms in general acts. For example, special legislation regulates the work of employees of the police, prosecutor's office, customs, and special rules in general acts are chapters containing rules on the work of part-time workers (Chapter 44), seasonal workers(Chapter 46), home workers (Chapter 49), etc.

Special norms can provide additional guarantees to employees (benefits norms), they can establish specific regulations for workers of certain categories (adaptation norms), or they can limit certain rights, removing the rights of employees from the generally accepted list (exemption norms).

Actually, differentiation leads to the need to distinguish all norms of labor law into general and special legislation about work. The first applies to all workers, regardless of their working conditions and the organizational and legal form of the enterprises where they work, the second is due to the presence of special conditions or the subjective characteristics of the employee, suggesting the need for special legislation.

As part of the study of the sources of labor law, it is necessary, in our opinion, to consider the role of acts of higher judicial bodies.

The Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation often make decisions that influence the legal regulation of relations. In reality, these decisions and decrees are not sources of Russian law in the full sense of the word. Higher courts can decide the issue of the constitutionality of a particular normative act or generalize judicial practice and give their explanations aimed at a uniform understanding and application of the rules of law when resolving legal cases. They oversee the application of laws by lower courts. If the need arises, the highest body of the Court has the right to submit a legislative initiative to the State Duma of the Russian Federation to introduce amendments and additions to the current legislation. But they themselves are not authorized to issue rules of law.

The courts are guided in their practice primarily by the provisions of the Constitution and federal laws. In the decisions of the Plenum of the Supreme Court, one can often find explanations of the application of certain norms, and this influences the decision-making of employers, since in the event of a judicial appeal against their actions, the courts will listen to the opinion of a higher authority, and this gives confidence in the recognition of actions as legal if they correspond to the explanations.

QUESTIONS TO PREPARATE FOR THE COURSE EXAM

ON LABOR LAW

Subject of Russian labor law.

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

Item any branch of law consists of homogeneous social relations, which are regulated by the norms of this branch of law.

Subject of labor law

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

A combination of substantive and procedural law;

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

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

In accordance with Art. 15 Labor Code of the Russian Federation, labor Relations- this is a relationship based on an agreement between an employee and an employer on the employee’s personal performance for payment of a labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work assigned to the employee), the employee’s subordination to the internal labor regulations when provision by the employer of working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and employment contracts.

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

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

Employment and employment relations;

Relationships regarding professional training, retraining and advanced training directly with the employer;

Relations regarding financial liability of the parties to the employment contract;

Social partnership relations;

Relations to supervise compliance with labor laws;

Relations regarding the consideration of labor disputes.

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

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

Labor law method– a set of legal means used to regulate labor and related relations.

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

Main features of the labor law method:

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

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

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

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

Signs of the labor law method from the point of view of methods for establishing labor law standards:

Combination of centralized and local regulation;

A combination of state and contractual regulation;

Participation of employee representatives in establishing labor law standards;

Unity and differentiation of legal regulation;

Combination of imperative and discretionary regulation.

Principles of labor law.

Principles of labor law– basic provisions, general principles and ideas expressing the essence of labor law. The principles of labor law are enshrined in Art. 37 of the Constitution of the Russian Federation and the Labor Code of the Russian Federation.

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

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

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

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

3. protection against unemployment and assistance in finding employment;

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

5. equality of rights and opportunities for workers;

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

7. ensuring equality of opportunity for workers without any discrimination for promotion at work, taking into account labor productivity, qualifications and work experience in the specialty, as well as vocational training, retraining and advanced training;

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

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

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

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

12. mandatory compensation for harm caused to an employee in connection with the performance of his job duties;

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

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

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

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

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

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

Sources of labor law.

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

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

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

The right to association, including the right to create trade unions to protect their interests (Article 30);

The right to freely manage one’s ability to work, choose the type of activity and profession;

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

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

Right to protection from unemployment;

Right to rest (Article 37).

In addition to the listed rights, Art. 37 of the Constitution of the Russian Federation recognizes the right to individual and collective labor disputes using the methods for resolving them established by federal law, including the right to strike.

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

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

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

The Labor Code determines the content of all labor law institutions. It contains the conceptual apparatus of the industry, establishes the basic principles of legal regulation of labor relations, and determines the legal status of the employee and the employer. The Code plays a key role in the mechanism of legal regulation of labor relations, establishing the rights of workers, their guarantees and methods of protecting them.

3. Along with the Labor Code, other federal laws apply in the field of labor law. Among them are:

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

Federal Law of 05/01/1999 N 92-FZ "On the Russian Tripartite Commission for the Regulation of Social and Labor Relations", providing for the procedure for the formation of a special tripartite body whose tasks are to conduct collective bargaining and prepare a draft general agreement, conduct consultations on issues related to the development draft federal laws and other regulatory legal acts in the field of social and labor relations, federal programs in the field of labor, coordination of the positions of the parties in the main areas social policy etc.

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

A number of federal laws provide for the specifics of legal regulation of labor relations of certain categories of workers. For example, Law of the Russian Federation dated February 19, 1993 N 4520-1 “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” establishes more preferential working conditions for workers forced to work in harsh climatic conditions.

Federal Law No. 136-FZ of November 7, 2000 “On the social protection of citizens engaged in work with chemical weapons” provides special conditions labor for workers directly involved in work related to detoxification, technical maintenance, destruction of chemical weapons.

Federal Law No. 115-FZ of July 25, 2002 “On the legal status of foreign citizens in the Russian Federation” determines the conditions for attracting foreign citizens to work on the territory of the Russian Federation. The examples can be continued.

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

4. Some federal constitutional laws are important for labor law. For example, Federal Constitutional Law No. 3-FKZ of May 30, 2001 “On a State of Emergency,” among the measures and temporary restrictions applied when introducing a state of emergency, provides for the prohibition of strikes and other methods of suspending or terminating the activities of organizations (Article 11). A ban on strikes may be provided for by a decree of the President of the Russian Federation on the introduction of a state of emergency.

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

Presidential decrees regulate some issues of remuneration for public sector workers, conditions for passing civil service(in particular, the procedure for preparing and conducting certification of state civil servants, the procedure for calculating length of service, determining the amount of salary, etc.). Some regulations on discipline were approved by decrees.

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

Decree of the Government of the Russian Federation of March 16, 2000 N 234 “On the procedure for concluding employment contracts and certification of managers of federal state unitary enterprises”;

Resolutions of the Government of the Russian Federation have approved a certain number of statutes and regulations on discipline;

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

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

8. Municipal legal acts. Along with normative legal acts adopted by government bodies, labor law includes acts adopted in established by law order by local governments and the employer.

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

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

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

Unlike collective agreements and agreements, which are concluded after collective negotiations and are valid for a certain period (up to three years), the procedure for adopting local acts is not established; they can be either urgent (with specified period actions) and permanent (without specifying the validity period).

10. Laws and other regulatory legal acts of the constituent entities of the Russian Federation. In accordance with the Constitution of the Russian Federation, labor legislation is a subject of joint jurisdiction of the Russian Federation and its constituent entities.

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

Based on the nature of the legal regulation being implemented, the regulatory acts adopted by the constituent entities of the Russian Federation can be divided into four categories:

1) laws implementing advanced legal regulation;

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

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

4) normative acts regulating social relations that are of exclusively regional significance.

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

1. Federal laws, constitutional and ordinary current laws (Constitution, Fundamentals of legislation on labor protection, Labor Code, Law “On Employment”, “Collective agreements and agreements”).

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

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

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

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

6. Laws and other regulatory legal acts of the constituent entities of the Russian Federation - labor legislation is under the joint jurisdiction of the constituent entities and the Russian Federation (as a rule, they provide fringe benefits for employees).

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

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

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

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

11. Labor law norms may be contained in regulations that generally relate to other branches of law.

The right of a party to an employment relationship is an opportunity, enshrined in a law, another regulatory legal act containing labor law norms, or a contract, for a party to demand from the obligated party, including the guilty party, positive actions to comply with regulatory legal acts in the field of labor and the terms of the employment contract, preventing violations of subjective rights or restoring them in case of violations.

The basic subjective rights of the employee and the employer, established by the Labor Code of the Russian Federation, are determined, specified and detailed by departmental and local regulations, collective agreements, agreements and employment contracts.

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

The obligation is always established where there is subjective labor law. A legal obligation is not an action, but merely a necessity. The properties of obligations in an employment relationship are:

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

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

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

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

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

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

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

– election to office;

– election by competition to fill the relevant position;

– appointment to a position or confirmation in a position;

– assignments to work by bodies authorized in accordance with federal law against the established quota;

– court decision on concluding an employment contract.

Labor relations between an employee and an employer also arise on the basis of the employee’s actual admission to work with the knowledge or on behalf of the employer or his representative in the case where the employment contract was not properly drawn up.

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

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

Last name, first name, patronymic of the employee and name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;

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

Taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs);

Information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers;

Place and date of conclusion of the employment contract.

2. Conditions that must be included in the employment contract (Part 2 of Article 57 of the Labor Code of the Russian Federation):

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

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

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

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

Working hours and rest hours (if for of this employee it is different from general rules, operating with this employer);

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

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

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

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

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

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

About the test;

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

On the employee’s obligation to work after training for no less than the period established by the contract, if the training was carried out at the expense of the employer;

On the types and conditions of additional employee insurance;

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

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

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

Labor discipline and work routine: concepts, methods of provision, types of regulatory legal acts.

Labor discipline– this is obligatory for all employees to comply with the rules of conduct defined in accordance with the Labor Code, other federal laws, collective agreements, agreements, local regulations, and employment contracts (Article 189 of the Labor Code of the Russian Federation).

1. One of the basic principles of labor law is to ensure the fulfillment of the obligation to observe labor discipline.

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

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

4. As an institution of labor law (a system of legal norms regulating internal labor regulations, the responsibilities of the employee and the employer, establishing incentive measures for conscientious work and measures of responsibility for violations of labor discipline, as well as the procedure for their application).

Labor discipline differs in the subjective and objective sense.

Labor discipline in the objective sense– a set of legal norms aimed at maintaining a certain legal order in an organization.

Labor discipline in the subjective sense– the employee’s consistent fulfillment of his duties under the employment contract and internal labor regulations.

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

In a broad sense, occupational safety is a system for preserving the life and health of workers in the process of work, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures (Part 1 of Article 290 of the Labor Code of the Russian Federation).

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

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

2) rules of state management of labor protection;

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

4) security standards safe conditions and labor protection by the employer, including preventive supervision and investigation of industrial accidents;

5) rules on safety and industrial sanitation, system of occupational safety standards (OSSS);

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

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

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

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

♦ public administration labor protection;

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

♦ promoting public control over labor protection;

♦ state examination of working conditions;

♦ investigation and recording of industrial accidents and occupational diseases;

♦ establishing a procedure for certification of workplaces according to working conditions and a procedure for confirming compliance of the organization of work on labor protection with state regulatory requirements for labor protection;

♦ protection of the legitimate interests of workers affected by industrial accidents and occupational diseases, as well as members of their families (based on compulsory social insurance against industrial accidents and occupational diseases);

♦ establishing compensation for hard work and work under harmful or dangerous working conditions;

♦ state participation in financing labor protection measures;

♦ carrying out an effective tax policy that stimulates the creation of safe working conditions and the development (introduction) of safe equipment and technologies, the production of personal and collective protective equipment for workers, etc.

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

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

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

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

Forms of remuneration.

The result of labor is passed on from generation to generation, progress in science occurs, and new technologies are regularly discovered.

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

general information

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

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

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

Each branch of law has your subject. In this case, they are relations associated with human labor, which appear when a person works in production, as well as social relations that are interconnected with basic labor ones. They connect participants during the work process. The law is regulated RF Labor Code.

The main working relationship itself (labor) arises when an employee enters into an agreement with his employer.

Types of relationships

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

Basic relations and derivative social relations constitute the legal subject. Derived relations:

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

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

The law regulates only those relations that arise in the work itself related to production. People working together must be well organized, controlled and managed by someone.

A labor organization can be public or technical:

1. Technical– here the worker uses all work tools, machinery, equipment, and materials. Man is interconnected with nature, influences it and uses it for his work purposes. The law does not apply here, only technical instructions and rules. Technical organization labor is nothing more than the organization of technology management and production.
2. Social– people are interconnected during their collaboration in production. The rules of law regulate relations related to the ownership of the product of labor that is ultimately obtained.

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

Labor relations- this is the relationship between performers and production managers during the work process.

What is included in the subject of labor law

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

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

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

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

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

Subject of regulation

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

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

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

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

So, subject of regulation– there is a social side related to work, associated with its organization, the types of relationships in society that people have while working in any production.

Types of labor relations

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

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

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

There are several types of relations in law:

• those involved in the organization and management of labor act as auxiliaries;
• those aimed at protecting and enforcing the law.

Derived type relationship groups:

On getting a job - The law regulates employment through a service that helps find work (employment).

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

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

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

For social partnerships, negotiations, signing agreements or treaties - here relations are regulated by law after signing a contract or agreement.

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

On the participation of workers and trade union bodies during the determination working conditions – relations between the two sides of production in the organization good conditions so that people can work.

By management activities labor, its organization - The employer himself is responsible for organizing the work of his subordinates and hiring them, while he is obliged to comply with the Law; the rights of workers must not be violated.

Upon the occurrence of material liability on any of the parties - the party who causes harm during his work will be legally found guilty and will be punished by liability.

Control and supervision to ensure that the law is strictly followed - government agencies do this Labour Inspectorate, prosecutor's office, Rospotrebnadzor, Rostechnadzor).

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

For social insurance- must be done when a person gets a job.

Thus, they regulate labor relations that arise in the process of implementation. It specifies all the rights and obligations of the parties, penalties in the form of liability if anyone violates them.

And the subject of Russian labor law is labor relations and derivatives from them that appear among people during the direct work process.

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

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