Today, February 1, 2017, is a rather significant date. Exactly 15 years ago it was put into effect 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 came into force 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. I wonder what last change was introduced into the Labor Code of the Russian Federation literally a week before the new code came into force. Based on the Resolution 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 during 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 operation of the Labor Code of the Russian Federation, we can say that it was adopted in a very “raw” form, as evidenced by the intractable amendments and changes. I often remember the times when there were no legal reference systems, the Internet, and we usually pasted all changes and additions directly into a 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 first and foremost, 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 of the Labor Code of the Russian Federation in 2002, but a clear stratification has occurred in our country. Now I don’t mean oligarchs and factory workers. I want to talk about ordinary employees who became “civil servants”, “municipal employees” and simply “state employees”. The gap in wage levels, various guarantees and workers' compensation, e.g. social sphere very big. Doing the same job, people have very different standards of living, and the higher the worker rises through the ranks of state or municipal service, the higher it is.

Conclusion

Now you know when the Labor Code of the Russian Federation was adopted and what caused it. In my opinion, the need in society today is not to adopt 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 workers;
• ensuring the right of every worker to payment of fair wages that ensure a decent existence for himself and his family.

Labor Code- codified legislative act(code) on labor, Federal Law (Russia) of December 30, 2001. Entered into force on February 1, 2002, instead of the Labor Code of the RSFSR (Labor Code of the RSFSR) of 1971, which was in force before it.

It is historically the fourth codified Russian legal regulation on labor. It contains more than 400 (424) articles, organized into 62 chapters, 14 sections and 6 parts.

The Labor Code of the Russian Federation underwent the most significant revision as a result of the adoption of federal laws of August 22, 2004 No. 122-FZ (often called the “Monetization Law”) and of June 30, 2006 No. 90-FZ (the latter Law created, in fact, new edition Labor Code of the Russian Federation).

The Code defines labor relations between employees and employers and has priority over other adopted federal laws related to labor relations, Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.

The Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates issues of labor protection, professional training, retraining and advanced training, employment, and social partnership. The rules for remuneration and labor standards and the procedure for resolving labor disputes are established. Separate chapters are devoted to the features legal regulation labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).

The new Code retained 70 percent of the content of the Labor Code norms. But it significantly filled in the gaps in the Labor Code and created a number of new standards that better meet current realities in the world of work. The Code has increased the importance of social partnership relations in the sphere of labor, especially at the organizational level, both individual and collective, expanded the range of issues regulated by contractual procedures, and developed mechanisms for ensuring the implementation of labor contracts. The Code improves the regulatory and protective functions of labor law. He increased the guarantees of workers’ labor rights, for example, on the minimum wage not lower than the subsistence level, on the legal consequences of delaying the payment of accrued wages to an employee, on a shorter (six-month) period for the first vacation in a given organization, etc.

The Code consists of 14 sections with the following names:

Section I. "General Provisions".

Section II. "Social partnership in the sphere of labor."

Section III. "Employment contract."

Section IV. "Working hours."

Section V. "Rest time."

Section VI. “Payment and labor regulation.”

Section VII. "Guarantee and compensation."

Section VIII. “Work schedule. Labor discipline"

Section IX. “Vocational training, retraining and advanced training of workers.”

Section X. “Occupational Safety and Health.”

Section XI. "Financial liability of the parties employment contract».

Section XII. “Features of labor regulation individual categories workers."

Section XIII. “Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation labor legislation and other acts containing labor law norms.”

Section XIV. “final provisions”. As we see, sections of the Labor Code reflect, as a rule, independent institutions of labor law (in the Labor Code this was in chapters).

All other acts of labor legislation, both federal and constituent entities of the Federation, local governments and local ones, adopted by the organization must comply with the Code and not contradict it. Regulatory decrees of the President of the Russian Federation on issues of labor and directly related relations should not contradict the Code and other federal laws (Article 5 of the Labor Code).

In the event of a conflict between the Code and other federal law, the Code shall apply. And if a newly adopted federal law contradicts the Code, then this law will be applied only if appropriate changes are made to the Code.

11. Federal Law “On Trade Unions, Their Rights and Guarantees of Operations” (general characteristics).

Federal law aims to regulate public relations arising in connection with the exercise by citizens of the constitutional right to association, the creation, activity, reorganization and (or) liquidation of trade unions, their associations (associations), primary trade union organizations. The law establishes legal basis the creation of trade unions, their rights and guarantees of activity, regulates the relations of trade unions with bodies state power, local self-government bodies, employers, their associations (unions, associations), other public associations, legal entities and citizens.

A trade union is a voluntary public association of citizens bound by common production and professional interests in the nature of their activities, created for the purpose of representing and protecting their social and labor rights and interests. All trade unions enjoy equal rights. Everyone who has reached the age of 14 and is engaged in labor (professional) activities has the right, at his own choice, to create trade unions to protect his interests, to join them, to engage in trade union activities and to leave trade unions. Foreign citizens and stateless persons living on the territory of the Russian Federation may be members of Russian trade unions, with the exception of cases established by federal laws or international treaties of the Russian Federation.

Trade unions have the right to create their own associations (associations) based on sectoral, territorial or other characteristics taking into account professional specifics. They have the right to cooperate with trade unions of other states, join international trade unions and other associations and organizations, and enter into contracts and agreements with them.

The Law applies to all organizations located on the territory of the Russian Federation, as well as to Russian organizations located abroad, and other organizations in accordance with international treaties of the Russian Federation. Features of the application of the Law in relation to trade unions uniting military personnel, employees of the Internal Affairs Directorate of the Russian Federation, FSB bodies, customs authorities RF, FONP, judges and prosecutors are determined by the relevant federal laws.

Trade unions are independent in their activities from executive authorities, local self-government bodies, employers, their associations (unions, associations), political parties and others public associations, they are not accountable and controllable. They independently develop and approve their charters (which must provide for a list of provisions established by law), regulations on primary trade union organizations, and their structure; form trade union bodies, organize their activities, hold meetings, conferences, congresses and other events.

Legal capacity of the trade union as legal entity arises from the moment of state (notification) registration with the Ministry of Justice of the Russian Federation or its territorial body in the subject of the Russian Federation at the location of the relevant trade union body. Specified registration is the basis for including trade unions in the register of public associations. The issues of reorganization and liquidation of trade unions are considered.

Independent chapters of the law are devoted to the rights of trade unions (to represent and protect the social and labor rights and interests of workers, to promote employment, to information, to participate in the settlement of collective labor disputes, etc.), their guarantees and protection.

For failure to fulfill their obligations under a collective agreement, agreement, for organizing and conducting a strike declared illegal by the court, trade unions and persons included in their governing bodies are liable in accordance with federal laws.

The federal law comes into force on the day of its official publication.

12. Federal Law “On the procedure for resolving collective labor disputes” (general characteristics).

On October 20, 1995, the Federal Law “On the Procedure for Resolving Collective Labor Disputes” was adopted, which was signed by the President of the Russian Federation on November 23, 1995 and came into force on the date of its official publication (published in " Rossiyskaya newspaper"December 5, 1995).

1. The federal law establishes the legal basis, procedure and methods for resolving collective labor disputes, as well as the procedure for exercising the right to strike in the course of resolving a collective labor dispute (Clause 1, Article 1).

2. Chapter 2 of the Federal Law defines the procedure for resolving a collective labor dispute. It, in particular, includes the following stages: consideration of a collective labor dispute by a conciliation commission, consideration of a collective labor dispute with the participation of a mediator and (or) in labor arbitration. Moreover, consideration of a collective labor dispute by a conciliation commission is a mandatory stage.

If agreement is not reached in the conciliation commission, the parties continue conciliation procedures with the participation of a mediator or in labor arbitration (Article 6).

3. Federal law determines the legal status of the service for the settlement of collective labor disputes. It has been established that the service is a state body that facilitates the resolution of collective labor disputes by organizing conciliation procedures and participating in them. This service carries out notification registration of collective labor disputes; organizes, in accordance with the established procedure, the financing of arbitrators specializing in resolving collective labor disputes, and exercises other powers (Article 11).

4. Chapter 3 of the Federal Law regulates the exercise of the right to strike, including the content of the right to strike (Article 13), a list of responsibilities of the parties during a strike (Article 16), and the guarantees and legal status of workers in connection with the strike. strikes (Articles 18, 19).

5. Federal law defines the conditions under which a strike is illegal (Article 17).

The decision to declare a strike illegal is made by the Supreme Court of the republic, regional, regional courts, courts of the cities of Moscow and St. Petersburg, autonomous region, autonomous districts at the request of the employer or prosecutor (clause 5 of article 17).

According to paragraph 7 of Article 17, a court decision declaring a strike illegal, which has entered into legal force, is subject to immediate execution.

6. Chapter 4 of the Federal Law is devoted to issues of liability for violation of legislation on collective labor disputes.

In particular, representatives of the employer who evade receiving workers’ demands and participating in conciliation procedures, as well as if they are guilty of failure to fulfill obligations under the agreement, are subject to disciplinary action or a fine of up to fifty minimum sizes wages imposed in court (Articles 20, 21).

7. Article 22 of the Federal Law establishes the grounds for workers' liability for illegal strikes.

Paragraph 2 of this article provides for the liability of a trade union organization that declared and did not stop a strike after it was declared illegal. In particular, it has been established that in this case the trade union organization is obliged to compensate for losses caused by the illegal strike at its own expense in the amount determined by the court.

It seems that claims for compensation for losses caused by an illegal strike, brought against trade union organizations, can be considered by an arbitration court based on the jurisdiction of disputes determined by procedural legislation.

8. According to Article 23, cases of imposition of fines provided for by the Federal Law are considered in the manner established by the legislation on administrative offenses.

13. Law of the Russian Federation “On Employment of the Population in the Russian Federation”

(general characteristics)

The Labor Code of the Russian Federation, along with the Constitution of the Russian Federation, is one of the most important regulations on labor.

The Labor Code of the Russian Federation was adopted by the State Duma on December 21, 2001, approved by the Federation Council on December 26, 2001, signed by the President of the Russian Federation on December 30, 2001, and put into effect on February 1, 2002.

The Code consists of 6 parts, 14 sections, 62 chapters and contains 424 articles.

The first section of the Labor Code of the Russian Federation contains general provisions, including the basic principles of labor legislation (Chapter 1) and the concepts of labor relations, their aspects and grounds for their occurrence (Chapter 2).

The second section of the Labor Code of the Russian Federation is devoted to social partnership in the sphere of labor: Chapter 3 contains general provisions on social partnership (concept, principles, parties, system, forms); Chapter 4 defines worker and employer representatives; Chapter 5 - social partnership bodies; Chapter 6 establishes the procedure for conducting collective bargaining; Chapter 7 - collective agreements and agreements; Chapter 8 - participation of employees in the management of the organization; Chapter 9 establishes the responsibility of the parties to the social partnership

Section three of the Labor Code of the Russian Federation is devoted to the employment contract as the basis for the emergence of labor relations. It contains the concept of an employment contract, its parties, content, essential conditions, provisions for amendment and termination of the employment contract, etc.

Section four of the Labor Code of the Russian Federation establishes provisions on working time: it gives the concept of working time, establishes the duration of normal, reduced and part-time working time, working hours, etc.

Section five of the Labor Code of the Russian Federation establishes provisions on rest time.

Section six of the Labor Code of the Russian Federation is devoted to wages and labor standards. It sets out basic concepts and definitions, state guarantees, forms of remuneration, establishment of a minimum wage, etc.

Section seven of the Labor Code of the Russian Federation establishes important provisions on guarantees and compensation for certain categories of workers.

Section eight of the Labor Code of the Russian Federation is devoted to the labor regulations of organizations and labor discipline. It contains norms on the rules of internal labor regulations, incentives and penalties.

Section nine of the Labor Code of the Russian Federation establishes provisions on professional training of workers, retraining and advanced training.

Standards on labor protection, labor safety requirements, and organization of labor protection are enshrined in Chapter Ten of the Labor Code of the Russian Federation.

The norms of section eleven of the Labor Code of the Russian Federation are devoted to financial liability employee and the employer's responsibility to the employee.

Section twelve of the Labor Code of the Russian Federation establishes the peculiarities of labor regulation for certain categories of workers: women, workers under the age of 18, managers of the organization and members of the collective executive body organizations, persons working part-time, persons working under fixed-term employment contracts, workers engaged in seasonal work, workers working in rotation, workers working for employers - individuals, homeworkers, people working in areas far north, transport workers, teaching staff, workers sent to work in diplomatic missions and consular offices of the Russian Federation, as well as representative offices of federal executive authorities and government agencies RF, workers religious organizations, other categories of workers (persons working in the Armed Forces, medical workers, etc.).

Section thirteen of the Labor Code of the Russian Federation is devoted to the protection of labor rights of workers, resolution of labor disputes, and liability for violation of labor legislation.

Section fourteen contains the final provisions. Its norms concern the timing of the implementation of the Labor Code of the Russian Federation, the procedure and timing for introducing the minimum wage, etc.

“It should be noted that the Labor Code of the RSFSR, which was in force in Russia for almost 30 years, consisted of 18 chapters and 255 articles. An analysis of the old and new codes showed that more than 50% of the provisions of these acts coincide. This is explained by the fact that the Labor Code of the Russian Federation, adopted on December 9, 1971, was repeatedly changed and supplemented in connection with Russia’s transition to market economy. Everything positive contained in the Labor Code of the Russian Federation was taken into account when preparing the new code.

The Labor Code of the Russian Federation has been developed for several years. During the period of its preparation, 8 versions of the code were created, which were actively discussed, and, finally, State Duma The Russian Federation has adopted a single agreed version of the labor law" 11 V.P. Morozov, I.V. Pimenova "Labor Code of the Russian Federation. Basic provisions" // Labor Law No. 3, 2002, p. 5.

The Labor Code of the Russian Federation is logical, contains clear, accessible and understandable language even for non-lawyers. He eliminated many of the gaps in the Labor Code of the Russian Federation, and many norms appeared for the first time. Thus, for the first time, the Code textually enshrines the principles of legal regulation of labor and directly related relations, and also includes rules on the division of powers in the field of labor regulation between government bodies of the Russian Federation and its constituent entities, as well as in the scope of regulatory acts on labor. A special chapter dedicated to the concept labor relations, its parties and grounds for its occurrence, the basic rights and obligations of the employee and the employer, fills in the gaps on these issues of the Labor Code. New is the section “Social partnership in the sphere of labor”, which defines legal forms social partnership between employees and employers, its bodies, the procedure for their activities and the responsibilities of the parties. The need for this group of norms is undeniable. In the interests of the employee, the regulation of fixed-term employment contracts has been improved.

Basic provisions of the Labor Code of the Russian Federation

3.1. Every employee has equal opportunities to exercise their labor rights.

It is not discriminatory to establish differences, exceptions, preferences, or

Limitation of the rights of workers, which are determined by the requirements specific to this type of work, established by federal law, or due to the special concern of the state for persons in need of increased social and legal protection

3.2. An employment contract is an agreement between an employer and an employee, in accordance with which the employer undertakes to provide the employee with work for a specified job function, to provide working conditions provided for by the Labor Code, laws and other regulations legal acts, collective agreements, agreements, local regulations containing labor law norms, pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal labor regulations in force in the organization.

The parties to the employment contract are the employer and the employee.

The terms of an employment contract can only be changed by agreement of the parties and in in writing.

3.3. Transfer to another permanent job in the same organization at the initiative of the employer, that is, a change in job function or change essential conditions employment contract, as well as transfer to permanent work in another organization or in another location together with the organization is allowed only with the written consent of the employee.

An employee who, in accordance with a medical report, needs to be provided with another job, the employer is obliged, with his consent, to transfer to another available job that is not contraindicated for him due to health reasons. If the employee refuses to transfer or is absent from the organization of the relevant work, the employment contract is terminated in accordance with paragraph 8 of Article 77 of the Labor Code.

Moving him within the same organization to another is not a transfer to another permanent job and does not require the consent of the employee. workplace, to another structural unit of this organization in the same area, assignment of work on another mechanism or unit, if this does not entail a change in the labor function and a change in the essential terms of the employment contract.

3.4. By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, whose place of work is retained in accordance with the law , - before this employee goes to work.

In the event of a natural or man-made disaster, industrial accident, industrial accident and in any exceptional cases threatening the life or normal living conditions of the entire population or part of it, the employee may be transferred without his consent for a period of up to one month to an unconditional employment contract,

work for the same employer to prevent these cases or eliminate their consequences. Transfer of an employee without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer is also permitted in cases of downtime, the need to prevent, destruction or damage to property, as well as to replace an absent employee. In this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee.

3.5. The employer is obliged to remove from work (not allow to work) the employee:

3.5.1. Appearing at work in a state of alcohol, drug or toxic intoxication.

3.5.2. Has not undergone training and testing of knowledge and skills in the field of labor protection in accordance with the established procedure.

3.5.3. Has not undergone mandatory preliminary or periodic medical examination in accordance with the established procedure.

3.5.4. If, in accordance with a medical report, contraindications are identified for the employee to perform work stipulated by the employment contract.

3.5.5. At the request of bodies and officials authorized by federal laws and other regulatory legal acts, and in other cases provided for by federal laws and other regulatory legal acts.

The employer suspends the employee from work (does not allow him to work) for the entire period of time until the circumstances that served as the basis for the suspension from work or not being allowed to work are eliminated.

During the period of suspension from work (non-admission to work) wages the employee is not accrued, except in cases provided for by federal laws. In cases of removal from employee's work who has not undergone training and testing of knowledge and skills in the field of labor protection or mandatory preliminary or periodic medical examination through no fault of his own, he is paid for the entire period of suspension from work as idle time.

3.6. The employee is obliged:

3.6.1. Comply with labor protection requirements established by laws and other regulatory legal acts, as well as rules and instructions on labor protection.

3.6.2. Correctly use personal and collective protective equipment.

3.6.3. Receive training in safe methods and techniques for performing security work

Labor, first aid in case of accidents at work, instruction on labor protection, on-the-job training, testing of knowledge of labor protection requirements.

3.6.4. Immediately notify your immediate or superior manager of any situation life threatening and people’s health, about every accident that occurred at work, or about a deterioration in their health, including the manifestation of signs of an acute occupational disease (poisoning).

3.6.5. Pass mandatory preliminary (upon applying for a job) and periodic (for persons under the age of 21 - annual) medical examinations(examinations). Persons performing direct management work vehicle, as well as crane operators are required to undergo a pre-shift medical examination every shift before starting work.

3.6.6. The employee is prohibited from being on industrial sites, places of performance labor functions and duties in a state of alcoholic, narcotic and toxic intoxication.

3.7. Women's labor protection.

3.7.1. The use of women's labor in heavy work and work with harmful and (or) hazardous conditions labor, as well as in underground work, with the exception of non-physical work or sanitation work.

3.7.2. It is prohibited to employ women in heavy work involving lifting and manually moving heavy loads that exceed the maximum permissible standards for them.

3.7.3. Directions to business trips, involvement in overtime work, night work, weekends and non-working hours holidays pregnant women.

3.7.4. Termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization.

3.7.5. Termination of an employment contract with women who have children under 3 years of age, single mothers raising a child under 14 years of age (a disabled child under 18 years of age), other persons raising these children without a mother, on the initiative of employer is not allowed (except for dismissal under clause 1, subclause “a” of clause 3, clauses 5-8, 10 -

11 Article 81 of the Labor Code of the Russian Federation).

3.8. Youth labor protection.

3.8.1. It is prohibited to employ persons under the age of eighteen in work with harmful and (or) dangerous working conditions, in underground work, as well as in work the performance of which may cause harm to their health.

3.8.2. It is prohibited for workers under the age of eighteen to carry or move heavy loads that exceed the limits established for them.