Labor code for work. Labor Code. A Brief History of Labor Law in Russia

18.07.2021

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 therefore, it did not meet the requirements of a 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 legal reference 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". Gap in level wages, various guarantees and compensations of workers, for example, social sphere 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 legislation 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 life.

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 we are talking 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 of the 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 labor activity at your 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.
Both employees and the employer must familiarize themselves with this Resolution in order to effectively use the 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 leaving for maternity leave or already having children under the age of 1.5 years, there is a Regulation on the calculation of average earnings (income, monetary allowance) when assigning a pregnancy and childbirth allowance and a monthly childcare allowance 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 the latest amendments and additions.

Every citizen who has a job and is officially arranged in accordance with all the rules and laws wants to work in normal conditions, receive decent pay for their work and at the same time not to worry about the future pension. It is in order that every worker can count on fair work that the Labor Code of the Russian Federation exists.

The Labor Code of the Russian Federation is a complex system rules, definitions, laws and additions to them. It reveals every subtlety of labor standards and relations. The Labor Code of the Russian Federation is the main document that ensures the rights and defines the duties of every working citizen of Russia, as well as regulates the activities of employers throughout the country.

Why is the Labor Code of the Russian Federation needed?

The Labor Code of the Russian Federation is actually much deeper and more multifaceted than it might seem at first glance. It performs three main functions:

Defines the rights of workers;
Creates favorable working conditions;
Protects the rights of formally employed workers

These are just three main functions that cannot fully describe everything that the Labor Code gives and obliges. However, in simple terms, the Labor Code of the Russian Federation is a set of documents that protects absolutely every working person in Russia from the arbitrariness of the authorities or from other circumstances.

What is the TC RF?

This is a fairly large set of rules, for greater convenience, combined into six different parts of the labor code. All of them have their own characteristics and, in general, are quite different from each other:

First part. Contains the most basic concepts upon which the rest of the chapters will be built. The most important in the entire Labor Code of the Russian Federation, everyone must familiarize themselves with it at least once;
The second part. Contains detailed description the term "Social partnership in the sphere of labor". This part will be of particular interest to employers and will be extremely useful to them;
The third part. It has nine sections, each of which deals with various details of labor relations and labor in general in the most detailed way. It is especially important for workers to familiarize themselves with this part of the Labor Code of the Russian Federation;
Fourth part. This part of the Labor Code of the Russian Federation considers the features of labor relations with various categories citizens;
The fifth part is completely devoted to labor protection. It is addressed in cases where the rights and freedoms of the worker have been violated;
The sixth part contains a variety of additions and notes that will help you better understand the Labor Code of the Russian Federation and understand difficult situations.

Who should know the Labor Code of the Russian Federation?

Both the employer and the employee themselves must know the Labor Code. At the same time, they do not need to know it equally. This is due to the fact that not all the subtleties of the Labor Code of the Russian Federation will be required by an ordinary employee. The worker should know only the basic provisions, from which he should understand what he owes the employer, and what the employer owes him. The employer also needs to know the Labor Code in full, since it is he who provides his employees with everything necessary for work.

Remember that ignorance of the labor code can lead to very sad consequences. If the employer has not studied the Labor Code, then he may violate the rights of his own employees, both accidentally and intentionally. And if the Labor Code of the Russian Federation is not known to the employee himself, then he is unlikely to be able to competently defend his rights and demand the benefits he is entitled to by law. At the same time, even the most superficial acquaintance can give you a lot of advantages in employment, at work, and in case of disputes with other employees or even with superiors.

Part one

Section 1 - General Provisions

Part two

Section 2 - Social partnership in the sphere of work

Part three

Section 3 - Employment contract

Section 4 - Working hours

Section 5 - Rest time
Chapter 17 of the Labor Code of the Russian Federation - General Provisions
Chapter 18 of the Labor Code of the Russian Federation - Breaks in work. Weekends and non-working holidays
Chapter 19 of the Labor Code of the Russian Federation - Vacations

Section 6 - Pay and labor rationing
Chapter 20 of the Labor Code of the Russian Federation - General Provisions
Chapter 21 of the Labor Code of the Russian Federation - Salary
Chapter 22 of the Labor Code of the Russian Federation - Labor rationing

Section 7 - Guarantees and Compensations
Chapter 23 of the Labor Code of the Russian Federation - General Provisions
Chapter 24 of the Labor Code of the Russian Federation - Guarantees when sending employees on business trips, other business trips and moving to work in another area
Chapter 25 of the Labor Code of the Russian Federation - Guarantees and compensations to employees in the performance of state or public duties
Chapter 26 of the Labor Code of the Russian Federation - Guarantees and compensations for employees combining work with education
Chapter 27 of the Labor Code of the Russian Federation - Guarantees and compensations to employees related to the termination of an employment contract
Chapter 28 of the Labor Code of the Russian Federation - Other guarantees and compensation

Section 8 - Labor regulations. Labor discipline
Chapter 29 of the Labor Code of the Russian Federation - General Provisions
Chapter 30 of the Labor Code of the Russian Federation - Labor Discipline

Section 9 - Qualification of the worker, professional standard, preparation and additional professional education workers
Chapter 31 of the Labor Code of the Russian Federation - General Provisions
Chapter 32 of the Labor Code of the Russian Federation - Student agreement

Section 10 - Occupational Safety
Chapter 33 of the Labor Code of the Russian Federation - General Provisions
Chapter 34 of the Labor Code of the Russian Federation - Labor protection requirements
Chapter 35 of the Labor Code of the Russian Federation - Organization of labor protection
Chapter 36 of the Labor Code of the Russian Federation - Ensuring the rights of workers to labor protection

Section 11 - Liability
Chapter 37 of the Labor Code of the Russian Federation - General Provisions
Chapter 38 of the Labor Code of the Russian Federation - Liability of the employer to the employee
Chapter 39 of the Labor Code of the Russian Federation - Liability of an employee

Part Four

Section 12 - Features of labor regulation
Chapter 40 of the Labor Code of the Russian Federation - General Provisions
Chapter 41 of the Labor Code of the Russian Federation - Features of the regulation of the labor of women, persons with family responsibilities
Chapter 42 of the Labor Code of the Russian Federation - Features of labor regulation of workers under the age of eighteen
Chapter 43 of the Labor Code of the Russian Federation - Features of labor regulation of the head of the organization and members of the collegial executive body of the organization
Chapter 44 of the Labor Code of the Russian Federation - Features of labor regulation of persons working part-time
Chapter 45 of the Labor Code of the Russian Federation - Features of labor regulation of employees who have concluded labor contract for up to two months
Chapter 46 of the Labor Code of the Russian Federation - Features of labor regulation of workers engaged in seasonal work
Chapter 47 of the Labor Code of the Russian Federation - Features of the regulation of labor of persons working on a rotational basis
Chapter 48 of the Labor Code of the Russian Federation - Features of labor regulation of employees working for employers - individuals
Chapter 48.1 of the Labor Code of the Russian Federation - Features of the regulation of labor of persons working for employers - small businesses that are classified as micro-enterprises
Chapter 49 of the Labor Code of the Russian Federation - Features of the regulation of the work of homeworkers
Chapter 49.1 of the Labor Code of the Russian Federation - Features of regulating the work of remote workers
Chapter 50 of the Labor Code of the Russian Federation
Chapter 50.1 - Features of the regulation of labor of employees who are foreign citizens or stateless persons
Chapter 51 of the Labor Code of the Russian Federation - Features of labor regulation of transport workers
Chapter 51.1 of the Labor Code of the Russian Federation - Features of the regulation of the labor of workers employed in underground work
Chapter 52 of the Labor Code of the Russian Federation - Features of the regulation of the work of pedagogical workers
Chapter 52.1 of the Labor Code of the Russian Federation - Features of the regulation of the work of scientists, managers scientific organizations, their deputies
Chapter 53 of the Labor Code of the Russian Federation
Chapter 53.1 of the Labor Code of the Russian Federation - Features of the regulation of the labor of workers temporarily sent by the employer to other individuals or legal entities under an agreement on the provision of labor of workers (staff) (comes into force in 2016)
Chapter 54 of the Labor Code of the Russian Federation - Features of the regulation of labor of employees of religious organizations
Chapter 54.1 of the Labor Code of the Russian Federation - Features of the regulation of the work of athletes and coaches
Chapter 55 of the Labor Code of the Russian Federation - Features of labor regulation of other categories of workers

Part five

Section 13 - Protection labor rights and freedom
Chapter 56 of the Labor Code of the Russian Federation - General Provisions
Chapter 57 of the Labor Code of the Russian Federation - State control (supervision) and departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms
Chapter 58 of the Labor Code of the Russian Federation - Protection of labor rights and legitimate interests of workers by trade unions
Chapter 59 of the Labor Code of the Russian Federation - Self-defense of labor rights by employees
Chapter 60 of the Labor Code of the Russian Federation - Consideration and resolution of individual labor disputes
Chapter 61 of the Labor Code of the Russian Federation - Consideration and resolution of collective labor disputes

Part six

Section 14 - Final Provisions
Chapter 62 of the Labor Code of the Russian Federation - Responsibility for violation of labor legislation and other acts containing labor law norms

The objectives of labor legislation are to establish state guarantees of labor rights and freedoms of citizens, to create favorable conditions labor, protection of the rights and interests of employees and employers.

The main tasks of labor legislation are to create the necessary legal conditions for achieving optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as the legal regulation of labor relations and other directly related relations in terms of:

labor organization and labor management;

employment with this employer;

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

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

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

liability employers and workers in the world of work;

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

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 242-FZ of 18.07.2011)

resolution of labor disputes;

compulsory social insurance in cases stipulated by federal laws.

(the paragraph was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 2. Basic principles of legal regulation of labor relations and other relations directly related to them

Based on generally recognized principles and norms international law and in accordance with the Constitution of the Russian Federation, the basic principles legal regulation labor relations and other directly related relations are recognized:

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

prohibition of forced labor and discrimination in the sphere of work;

unemployment protection and employment assistance;

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

equality of rights and opportunities for employees;

ensuring the right of every employee to timely and in full payment of a fair wage that ensures a worthy existence for him and his family, and not lower than the minimum wage established by federal law;

ensuring equal opportunities for employees, without any discrimination, for advancement in work, taking into account labor productivity, qualifications and work experience in the specialty, as well as for vocational training, retraining and advanced training;

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

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

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

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

obligatory compensation for harm caused to the employee in connection with the performance of his labor duties;

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

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

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

the obligation of the parties to the employment contract to comply with the terms of the concluded contract, including the right of the employer to require employees to fulfill their labor duties and respect for the property of the employer and the right of employees to require the employer to comply with his obligations towards employees, labor legislation and other acts containing labor law norms;

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

ensuring the right of employees to protect their dignity during the period of employment;

ensuring the right to compulsory social insurance workers.

Article 3. Prohibition of discrimination in the sphere of labor

Everyone has equal opportunities to exercise their labor rights.

No one can be limited in labor rights and freedoms or receive any advantages, regardless of gender, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence, attitude to religion, political beliefs, belonging or not belonging to public associations, as well as from other circumstances not related to business qualities worker.

(in ed. federal law dated 30.06.2006 N 90-FZ)

Establishing differences, exceptions, preferences, as well as restricting the rights of employees, which are determined by the requirements inherent in this type of labor established by federal law, or are due to the special concern of the state for persons in need of increased social and legal protection, is not discrimination.

Persons who believe that they have been discriminated against in the sphere of labor have the right to apply to the court for the restoration of violated rights, compensation for material damage and compensation for moral damage.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 4. Prohibition of forced labor

Forced labor is prohibited.

Forced labor is the performance of work under the threat of any punishment (violent influence), including:

in order to maintain labor discipline;

as a measure of responsibility for participating in a strike;

as a means of mobilizing and using labor force for the needs of economic development;

as a punishment for having or expressing political views or ideological beliefs that are contrary to the established political, social or economic system;

as a measure of discrimination based on racial, social, national or religious affiliation.

Forced labor also includes work that an employee is forced to perform under the threat of any punishment (violent influence), while in accordance with this Code or other federal laws, he has the right to refuse to perform it, including in connection with :

violation of the established deadlines for the payment of wages or payment of wages not in full;

the emergence of a direct threat to the life and health of an employee due to violation of labor protection requirements, in particular, the failure to provide him with the means of collective or personal protection in accordance with established standards.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

For the purposes of this Code, forced labor does not include:

work, the performance of which is conditioned by the legislation on military duty and military service or alternative civilian service replacing it;

work, the performance of which is conditioned by the introduction of a state of emergency or martial law in the manner prescribed by federal constitutional laws;

work performed in conditions of emergency, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or part of it;

work performed as a result of a court sentence that has entered into legal force under the supervision of state bodies responsible for compliance with the law in the execution of court sentences.

Article 5. Labor legislation and other acts containing labor law norms

((as amended by Federal Law No. 90-FZ of 30.06.2006)

The regulation of labor relations and other relations directly related to them in accordance with the Constitution of the Russian Federation, federal constitutional laws is carried out:

labor legislation (including legislation on labor protection), consisting of this Code, other federal laws and laws of the constituent entities of the Russian Federation containing labor law norms;

other normative legal acts containing labor law norms:

decrees of the President of the Russian Federation;

resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies;

normative legal acts of the executive authorities of the constituent entities of the Russian Federation;

regulatory legal acts of bodies local government.

Labor relations and other directly related relations are also regulated by collective agreements, agreements and local regulations containing labor law norms.

Labor law norms contained in other federal laws must comply with this Code.

In case of contradictions between this Code and another federal law containing labor law norms, this Code shall apply.

If a newly adopted federal law containing labor law norms contradicts this Code, then this federal law shall be applied subject to the introduction of appropriate amendments to this Code.

Decrees of the President of the Russian Federation containing labor law norms must not contradict this Code and other federal laws.

Decrees of the Government of the Russian Federation containing labor law norms must not contradict this Code, other federal laws and decrees of the President of the Russian Federation.

Normative legal acts of federal executive bodies containing labor law norms must not contradict this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

The laws of the constituent entities of the Russian Federation containing labor law norms must not contradict this Code and other federal laws. Normative legal acts of the executive authorities of the constituent entities of the Russian Federation shall not contradict this Code, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation and regulatory legal acts of the federal executive authorities.

Local self-government bodies have the right to adopt regulatory legal acts containing labor law norms within their competence in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Article 6

To the jurisdiction of the federal authorities state power in the sphere of labor relations and other relations directly related to them, the adoption of federal laws and other regulatory legal acts binding on the entire territory of the Russian Federation establishing:

the main directions of state policy in the field of labor relations and other relations directly related to them;

fundamentals of legal regulation of labor relations and other relations directly related to them (including the definition of rules, procedures, criteria and standards aimed at preserving the life and health of employees in the course of labor activity);

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

the level of labor rights, freedoms and guarantees provided by the state to employees (including additional guarantees for certain categories of employees);

the procedure for concluding, amending and terminating employment contracts;

basics social partnership, the procedure for conducting collective bargaining, concluding and amending collective agreements and agreements;

the procedure for resolving individual and collective labor disputes;

the procedure for exercising federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms;

(as amended by Federal Law No. 242-FZ of July 18, 2011)

the procedure for investigating accidents at work and occupational diseases;

the system and procedure for attestation of workplaces in terms of working conditions, state examination of working conditions, confirmation of compliance of the organization of work on labor protection with state regulatory requirements for labor protection;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

the procedure and conditions for material liability of the parties to the employment contract, including the procedure for compensation for harm to the life and health of an employee caused to him in connection with the performance of his labor duties;

kinds disciplinary action and the procedure for their application;

a system of state statistical reporting on labor and labor protection issues;

features of legal regulation of labor certain categories workers.

The state authorities of the constituent entities of the Russian Federation adopt laws and other regulatory legal acts containing labor law norms on issues that are not within the jurisdiction of the federal state authorities. At the same time, more high level labor rights and guarantees to employees in comparison with those established by federal laws and other regulatory legal acts of the Russian Federation, leading to an increase in budget expenditures or a decrease in budget revenues, is provided at the expense of the budget of the corresponding subject of the Russian Federation.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

On issues not regulated by federal laws and other regulatory legal acts of the Russian Federation, state authorities of the constituent entities of the Russian Federation may adopt laws and other regulatory legal acts containing labor law norms. If a federal law or other regulatory legal act of the Russian Federation on these issues is adopted, the law or other regulatory legal act of a subject of the Russian Federation shall be brought into line with the federal law or other regulatory legal act of the Russian Federation.

In cases where a law or other regulatory legal act of a subject of the Russian Federation containing labor law norms contradicts this Code or other federal laws or reduces the level of labor rights and guarantees for employees established by this Code or other federal laws, this Code or another federal law shall apply. .

Article 7. Repealed. - Federal Law of June 30, 2006 N 90-FZ.

Article 8. Local regulations containing labor law norms

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Employers, with the exception of employers - individuals who are not individual entrepreneurs, adopt local regulations containing labor law norms (hereinafter referred to as local regulations), within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements.

In the cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, the employer, when adopting local regulations, takes into account the opinion of the representative body of employees (if such a representative body exists).

The collective agreement, agreements may provide for the adoption of local regulations in agreement with the representative body of employees.

The norms of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, as well as local regulations adopted without observing the procedure established by Article 372 of this Code for taking into account the opinion of the representative body of employees , are not applicable. In such cases, labor legislation and other normative legal acts containing labor law norms, a collective agreement, agreements are applied.

Article 9. Regulation of labor relations and other relations directly related to them in a contractual manner

In accordance with labor legislation, the regulation of labor relations and other relations directly related to them can be carried out by concluding, amending, supplementing collective agreements, agreements, labor contracts by employees and employers.

Collective agreements, agreements, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, then they are not subject to application.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 10. Labor legislation, other acts containing labor law norms, and international law norms

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Generally recognized principles and norms of international law and international treaties of the Russian Federation in accordance with the Constitution of the Russian Federation are integral part legal system of the Russian Federation.

If a international treaty The Russian Federation has established rules other than those provided for by labor legislation and other acts containing labor law norms, the rules of an international treaty are applied.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 11. Operation of labor legislation and other acts containing labor law norms

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Labor legislation and other acts containing labor law norms govern labor relations and other directly related relations.

Labor legislation and other acts containing labor law norms also apply to other relations related to the use of personal labor, if this is provided for by this Code or other federal law.

All employers ( individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other relations directly related to them with employees must be guided by the provisions of labor legislation and other acts containing labor law norms.

In cases where the court has established that a civil law contract actually regulates labor relations between an employee and an employer, the provisions of labor legislation and other acts containing labor law norms are applied to such relations.

On the territory of the Russian Federation, the rules established by labor legislation and other acts containing labor law norms apply to labor relations with the participation of foreign citizens, stateless persons, organizations created or established by foreign citizens, stateless persons or with their participation, international organizations and foreign legal entities, unless otherwise provided by an international treaty of the Russian Federation.

Features of the legal regulation of labor of certain categories of employees (heads of organizations, persons working part-time, women, persons with family responsibilities, youth and others) are established in accordance with this Code.

For state civil servants and municipal employees, the effect of labor legislation and other acts containing labor law norms applies with the features provided for by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation on the state civil service and municipal service .

Labor legislation and other acts containing labor law norms do not apply to the following persons (unless, in accordance with the procedure established by this Code, they simultaneously act as employers or their representatives):

military personnel in the performance of their duties of military service;

members of the boards of directors (supervisory boards) of organizations (with the exception of persons who have concluded an employment contract with this organization);

persons working on the basis of civil law contracts;

other persons, if it is established by federal law.

Article 12

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

A law or other regulatory legal act containing labor law norms shall enter into force on the day specified in this law or other regulatory legal act or in a law or other regulatory legal act that determines the procedure for enacting an act of this type.

A law or other regulatory legal act containing labor law norms, or some of their provisions shall cease to have effect in connection with:

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

expiration date;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

the entry into force of another act of equal or higher legal force;

cancellation (recognition as invalid) of this act or its individual provisions by an act of equal or higher legal force.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

A law or other regulatory legal act containing labor law norms does not have retroactive effect and applies to relations that have arisen after its entry into force.

The effect of a law or other regulatory legal act containing labor law norms shall apply to relations that arose before its entry into force, only in cases expressly provided for by this act.

In relations that arose before the entry into force of a law or other regulatory legal act containing labor law norms, the said law or act shall apply to the rights and obligations that arose after its entry into force.

Action collective agreement, agreements in time is determined by their parties in accordance with this Code.

(Part six was introduced by Federal Law No. 90-FZ of June 30, 2006)

The local normative act comes into force from the date of its adoption by the employer or from the day specified in this local normative act, and applies to relations that arose after its entry into force. In relations that arose before the entry into force of a local regulatory act, the said act applies to the rights and obligations that arose after its entry into force.

(Part seven was introduced by Federal Law No. 90-FZ of June 30, 2006)

A local normative act or some of its provisions shall cease to have effect in connection with:

expiration date;

cancellation (recognition as invalid) of this local normative act or its individual provisions by another local normative act;

the entry into force of a law or other regulatory legal act containing labor law norms, a collective agreement, an agreement (in the case when these acts establish a higher level of guarantees for employees compared to the established local regulatory act).

(Part eight was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 13

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Federal laws and other regulatory legal acts of the Russian Federation containing labor law norms shall be valid throughout the territory of the Russian Federation, unless these laws and other regulatory legal acts provide otherwise.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Laws and other normative legal acts of the constituent entities of the Russian Federation containing labor law norms are valid within the territory of the corresponding constituent entity of the Russian Federation.

Normative legal acts of local self-government bodies containing labor law norms are valid within the territory of the corresponding municipality.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Local regulations adopted by the employer apply to employees of this employer, regardless of where they work.

(Part four as amended by Federal Law No. 90-FZ of June 30, 2006)

Article 14. Calculation of terms

The period with which this Code relates the emergence of labor rights and obligations begins from the calendar date on which the beginning of the emergence of these rights and obligations is determined.

The period with which this Code relates the termination of labor rights and obligations begins on the day following the calendar date on which the termination of labor relations is determined.

Terms calculated in years, months, weeks expire on the corresponding day of the last year, month or week of the term. Non-working days are also included in the period calculated in calendar weeks or days.

If the last day of the term falls on a non-working day, the expiration date of the term shall be the next working day following it.