Labor legislation is a set of all legal norms regulating labor relations. Labor relations - relations based on the agreement between the employee and the employer on the personal fulfillment by the employee for the labor function fee (work on a particular specialty, qualifications or position), subordinate to the employee with the rules of the internal labor regulation when providing the employer working conditions provided for by the legislation on labor, collective agreement , agreements, labor contract. However, not all types of labor relations are regulated by the legislation of the Russian Federation on labor. Thus, the relationship between the customer and the executor of the Treaty on the provision of a certain result of labor - for example, a contract of contract, instructions, the copyright agreement - are not regulated by non-labor, but civil law. Labor relations are drawn up by the employment contract.

An employee who concluded an employment contract is entitled to count on guarantees enshrined in labor legislation - for example, for the provision of weekly weekend days and paid annual leave.

The civil contract obliges only to imagine the result of labor and does not impose obligations to observe the employment. However, such an agreement does not give the right to paid vacation, compensation for overtime work, manual for temporary disability, etc. According to the contract, one side (contractor) undertakes to perform a certain job on the task of the other side (customer) and pass it to the customer, and the customer He undertakes to take the result and pay it. In order for the disputes and conflicts did not arise, at the conclusion of the contract, it clearly define its form: labor or civil law. The Federal Law provides for the special requirements imposed on public civil service, imposition on state civil servants of additional responsibilities and other limitations. The work of persons deprived of liberty is regulated by correctional labor legislation.

The general legal framework for various branches of legislation, including labor legislation, is the Constitution of the Russian Federation adopted on December 12, 1993. Article 15.

• 1. The Constitution of the Russian Federation has the highest legal force, direct effect and applies throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation should not contradict the Constitution of the Russian Federation.
• 2. Public authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation.
• 3. Laws are subject to official publication. Unpublished laws do not apply. Any regulatory legal acts affecting the rights, freedoms and obligations of a person and a citizen cannot be applied if they are not officially published for universal information.
• 4. Recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If other rules have been established by the international treaty of the Russian Federation than provided for by law, the rules of the international treaty applies.

The official publication of the Federal Constitutional Law, the Federal Law, the Act of the Chamber of the Federal Assembly is considered the first publication of its full text in the "Parliamentary Gazeta", "Russian Gazette" or "Meeting of the Legislation of the Russian Federation" (Article 4 of the Federal Law of June 14, 1994 No. 5- FZ "On the procedure for publishing and entering into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly" (with change and extra. Dated October 22, 1999)). In the Constitution of the Russian Federation, the basic principles of labor law are enshrined:

Article 37. 1. Work is free. Everyone has the right to freely dispose of its work skills, choose the generation and profession. 2. Forced labor is prohibited. 3. Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not lower than the minimum wage established by law. 4. It is recognized as the right to individual and collective labor disputes using the methods of their permission established by the federal law, including the right to strike. 5. Everyone has the right to rest. Working in an employment contract is guaranteed by the duration of working time, weekends and holidays.

Labor legislation includes legislative and other regulatory acts related to the field of labor relations:

• * Constitution of the Russian Federation;
• * Laws, other regulatory legal acts containing the norms of labor law and the norm of international law;
• * Decrees and orders of the President of the Russian Federation;
• * Resolutions and orders of the Government of the Russian Federation;
• * Regulatory acts of the federal authority of the executive authority, which will enforce labor protection issues (Ministry of Health and Social Development of the Russian Federation, earlier - the Ministry of Labor and Social Development of the Russian Federation);
• * Regulatory acts of ministries, departments and committees of the Russian Federation;
• * Regulatory acts of subjects of the Russian Federation. The most important act of labor legislation is the Labor Code of the Russian Federation of June 30, 2006 No. 90-FZ. The Labor Code regulates the labor relations of all employees, establishes a high level of working conditions, the protection of labor rights of workers.

In art. 21 of the Labor Code of the Russian Federation Along with the rights are listed and the obligations of employees:

• * in good faith to fulfill their employment responsibilities assigned to him by the employment contract;
• * comply with the rules of the internal labor regulation;
• * observe labor discipline;
• * perform established labor standards;
• * comply with labor protection requirements and labor safety;
• * take care of the property of the employer and other employees;
• * Immediately inform the employer to an employer or to the direct leader about the emergence of a situation that represents the threat to the life and health of people, the safety of the employer's property.

The Labor Code clarifies and specifies the general principles of legal regulation of labor set forth in the Constitution of the Russian Federation.

Freedom of labor is implemented, in particular, through freedom of employment contract. The employment contract is voluntarily. The right to working conditions that meet the safety and hygiene requirements (Article 37 of the Constitution of the Russian Federation), as well as the right to labor and health protection (Art. 7 of the Constitution of the Russian Federation) imposes on the employer the obligation to create relevant conditions. The list of specific activities is usually included in the collective agreement. The salary of each employee depends on its qualifications, the complexity of the work performed, the number and quality of the expended labor and the maximum size is not limited. No discrimination is prohibited when setting and changing wages and other wage conditions (Article 132 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation establishes the procedure for the consideration of labor disputes. Employees elected disputes participate in dispute resolution. Labor disputes are considered free of charge and in abbreviated time. Requires a real execution of the decision on the employment dispute. Labor code specifies formulated in Art. 37 Constitution of the Russian Federation Regulations on the right to rest working on an employment contract. There is a duration of working time, weekend days and paid annual leave. In addition to the Labor Code, labor relations are governed by individual federal laws and the laws of the constituent entities of the Russian Federation. The individual provisions of the labor plan can be consolidated by decrees and orders of the President of the Russian Federation and the regulations and orders of the Government of the Russian Federation. Regulatory acts of the Ministry of Health and Social Development of the Russian Federation are issued in the form of decisions on issues related to the competence of the Ministry or clarification on the application of current labor legislation. Decisions and explanations of the ministry are required for the execution by all ministries, committees and departments, local executive authorities and all organizations.

Regulatory acts of ministries, departments and committees of the Russian Federation are usually applied only to employees of the respective industries. However, the acts of some ministries and departments (the Ministry of Health and Social Development, the Ministry of Economic Development and Trade) on certain issues may apply to entire categories of citizens or organizations. labor law legislation worker

Regulatory acts of local governments are accepted in accordance with the competence of these bodies. These acts usually concern the establishment of various surcharges in the respective regions, the time of operation of various trade enterprises, service and transport areas. In local acts - contracts, agreements - reflect features of various enterprises. However, it should be remembered that the terms of labor contracts deteriorating the situation of employees compared to labor legislation are invalid. International legal norms, especially the acts of the International Labor Organization (ILO), play an increasing role in regulating labor relations in our country. (Pay attention to paragraph 4 of the above Art. 15 of the Constitution of the Russian Federation). ILO adopted more than 170 conventions and 180 recommendations. The conventions are subject to ratification and after ratification by the ILO member state are mandatory for compliance. Part of the conventions was ratified by the USSR and then recognized by the Russian Federation. Here is some of them:

№ 14. On weekly rest at industrial enterprises;

Number 47. On reduction of working time to forty hours per week;

№ 59. On the minimum age of reception of children to work in industry;

No. 60. On the age of admission of children on non-industrial work;

No. 77. On the medical examination of children and adolescents in order to clarify their fitness to work in industry;

№ 95. About salary protection;

№ 111. On discrimination in the field of labor and classes;

№ 119. On the supply of machines with protective devices;

No. 138. On the minimum age for employment;

№ 142. On professional orientation and vocational training in the field of human resource development;

№ 148. On the protection of workers from professional risk caused by air pollution, noise and vibration in workplaces. Recommendations are not ratified. The state may, but not obliged to use them in national legislation.

The place and appointment of labor law as one of those are determined by the circle of social relations, they are regulated.

Subject of labor law - Relationships of workers arising in the process of their direct participation in labor. The content and nature of these relations depend on the type and form of ownership.

The subject of regulation of labor law can be the relationship of collective farm workers and other cooperative organizations, however, this concerns only those workers who work there in labor contracts.

Currently, in particular, in combustion and nutrition cooperatives, a mixed form of labor cooperation, in which the means of production can relate to both the state and cooperative form of ownership.

In addition to labor relations, workers with employers of all forms of ownership, labor law regulates some other public relations directly related to labor. It is a relationship between labor and professional teams on production activities, working conditions and life of workers, conclusions, employment of citizens in the specialty and personal abilities; vocational training and advanced training of personnel directly at the enterprise; supervision and monitoring of labor protection and compliance with labor legislation, social insurance, consideration of labor disputes, etc.

The method of labor law It is the consolidation of the equality of the parties (contract) and the authorities of the administration specified in the rules of the internal labor regulation.

Thus, labor law can be identified as a set of legal norms governing employee labor relations and some others, closely related, with the equality of the parties and the possessive authority of the administration established by the rules of the internal labor regulation.

When determining the concept of labor, it is necessary to keep in mind the three components: the nature of the rights and obligations of its participants, their legal status and the basis of the emergence - the contract. Consequently, the labor relationship can be determined as a social relation settled by the rules of labor law, developing between the employee and the employer, by virtue of which one party (employee) is obliged to perform work on a certain specialty, qualifications or position with subordination by the internal labor schedule, and the employer undertakes to pay the employee Wages and provide working conditions provided for by law, collective agreement and agreement of the parties.

As a general rule, employees, from the other, enterprises and the organization, act as subjects of labor relationship. Labor legal relations may occur directly between individuals.

The labor capacity of citizens arises from 16 years (as an exception since 14 years). From that moment on, they can independently enter into labor relations. A variety of rights can act as employers.

Object of labor relationship is the performance of work on a particular specialty or qualifications.

Content of labor relationship Makes a set of rights and obligations of its participants. So, each employee has the right: working conditions that meet safety and hygiene requirements; on equal reward for equal labor without any discrimination and not lower than the minimum amount of remuneration established by law; on vacation, provided by the establishment of the limiting length of working time, and paid annual leave; on social security by age, in the loss of working capacity and in other cases established by law on compensation for damage caused by damage to health due to work; on the judicial protection of his labor rights, etc.

Employee duties include: conscientious execution of labor duties; observance of labor discipline; careful attitude to the property of the enterprise, institutions, organization; Performance of established labor standards, etc.

The basis of the emergence of labor relations There are various legal facts provided for by the norms of labor law. The most common legal facts are employment contracts.

Social relations regulated by labor law, in some cases similar to public relations regulated by other branches of law, in particular, with civil, administrative, etc.. Despite this, they differ significantly from the relations regulated by the specified branches of law. So, the subject of civil law is the property relations in their value form, for example, a lease agreement; In labor law, the subject of public relations are the components of the labor process itself.

Responsibility in civil law agreements is carried out in labor, in labor, as a rule, disciplinary responsibility occurs.

Protection of civil rights is in lawsuit by the court, arbitration or arbitration court, in exceptional cases - administratively; The protection of labor rights of employees is carried out by labor disputes commissions, and in some cases the courts.

Basic principles of labor law

The principles of legal regulation of labor relations are the general principles of the public organization of labor. Under the principles of labor law are understood by the fundamental principles associated with the use and organization of workers' work enshrined in legal norms.

Basic principles of labor law established by the Constitution of the Russian Federation. These include the right to work implemented by concluding an employment contract or contract. In accordance with the Russian Federation, they have the right to work, that is, to receive guaranteed work, the choice of profession, the place and kind of activity, education in accordance with the abilities, etc.

Inseparable from the right to work is the principle of the right to pay for labor in accordance with its number and quality and not lower than the state-established minimum size. This is an important stimulus of improving the labor activity of citizens in public production, personal material interest, qualifications, etc.

The principle of the right to rest is also considered constitutional. The right to rest is ensured by the establishment of a working week not exceeding 40 hours, a shortened working day for a number of professions and industries, abbreviated duration of work at night, providing annual paid leave, days of weekly rest, as well as the expansion of a network of cultural and educational and health facilities, development Favorable opportunities for relaxing at the place of residence and other conditions for rational use of free time. The principle of the health of citizens, which, along with other measures, is provided not only to the provision of health care, implemented by government health care, but also by developing and improving security and production sanitation, and conducting preventive measures to improve the health care institutions, but also by the development of medical care and industrial sanitation techniques, The deployment of scientific research aimed at preventing and reducing incidence, to ensure the long-term active life of citizens.

Certain attention is paid to the state protection of women, minors and persons with low-capacity (limiting lifting and movement of weights, prohibition of work at night, abbreviated or part-time and a number of others).

The most important principles of labor law is the possibility of workers on communication in professional unions and to participate in the management of enterprises, institutions and organizations. The right of workers to participate in the management of enterprises is enshrined in Art. 97 Fundamentals of labor legislation. Thus, employees can participate in the management of enterprises, institutions and organizations through common meetings (conferences) of labor collectives, trade unions and other public organizations, production meetings and other public bodies operating in labor collectives. They are given the right to make proposals on improving the work of enterprises and organizations, as well as on social and cultural and domestic services.

The administration of enterprises and organizations, for their part, is obliged to create conditions that ensure the participation of employees in management. Officials of organizations and enterprises are required to consider critical comments and suggestions of employees and inform them about the measures taken.

The constitutional duty of each citizen capable of labor is the principle of observance of labor discipline. This means that all employees should obey collective labor rules established by the legal norms of various institutions of labor law. The essence of this principle is revealed in Art. 21 of the Labor Code of the Russian Federation, according to which conscientious labor, observance of labor discipline, careful attitude towards the property of the enterprise, institution, organization, the implementation of established labor standards, improving labor productivity, professional skills, quality of work and products make up the responsibilities of all employees.

The right to material support in old age, in case of illness, complete or partial disability, as well as the loss of the breadwinner refers to the number of basic principles of labor law and is enshrined in the Constitution. It is guaranteed by social insurance of workers, temporary disability benefits, paying pensions and other forms of social security. The size and conditions of the provision are envisaged and are established by law on state pensions, the Regulation on the procedure for providing benefits for state social insurance and other regulatory acts.

A number of principles of labor law, for example, the principle of social justice in the field of labor, the equality of citizens to the law and the guaranteeing of labor rights and obligations and some others in this subsection were not covered, as they act as inter-sectoral principles of law and are considered in the relevant sections of this manual.

Sources and labor law system

Under the sources of labor law, the regulatory acts of the competent state bodies establishing and concretizing the obligatory rules of conduct are understood.

A combination of sources of labor law Forms labor legislation, which, by virtue of the specifics of the subject and the method of regulating labor relations, has some features. They consist in combination of centralized and local regulation of labor relations - the rules established in coordination between the administration of enterprises, the elected trade union body and the labor collective; In the existence of the rules governing the labor of only individual groups of employees or applied in the same industry, etc.

Sources of labor rights include: Laws of the Russian Federation; regulatory regulatory acts of state bodies; authorized state acts of cooperative and public organizations. Among the laws that establish the norms of labor law is allocated primarily the basic law - the Constitution, which is the legal basis of all branches of law and has the highest legal force. The Constitution contains a number of fundamental legal provisions that have received a specific expression in labor law norms.

The legislation of the Russian Federation on labor consists of the current labor code of the Russian Federation and other acts of labor legislation of the Russian Federation and the republics that are part of the Russian Federation. On the territory of the Russian Federation, the norms of the former USSR were applied to the adoption of relevant legislation in a part, not contrary to the Constitution and the legislation of the Russian Federation.

The main sources of labor law can be attributed laws governing the most important provisions of the organization of labor, such as the RF Law "On Collective Contracts and Agreements". It establishes the legal framework for the development, conclusion and implementation of collective agreements and agreements in order to promote contractual regulation of labor relations and coordinating the socio-economic interests of workers and employers; The action of the named law applies to enterprises, institutions, organizations, regardless of the form of ownership, departmental affiliation and the number of employees.

Other regulatory acts of state bodies, acting as sources of labor law, are considered subtitles and are issued within the limits established by law and in pursuance of the law. These are government decisions, republics.

Sources of labor law are also sectoral regulations, which are published by the ministers, heads of departments within their competence on specific issues of labor regulatory issues in the enterprises of this industry. The minister has the right to issue orders and instructions.

As a source of labor law, regulatory acts that have been called local (local) legal acts are also protected. They are registered acts. The range of issues by which they are published is limited, and their bodies do not have to go beyond their competence. Local standards of rights are taken, as a rule, by the administration of enterprises, institutions and organizations together or in coordination with the elective trade union body, and individual regulations are a collection of a labor collective.

Local regulatory acts are established: the provision on the bonuses, the payment of remuneration on the results of the year, vacation schedules, the duration of additional leave, etc.

A certain part of the issues associated, in particular, with the use of workers' work is permitted by acts of local authorities. This is the time of the beginning and end of the work of enterprises, the establishment of the second weekend, accounting and distribution of labor resources, etc.

The labor law system is the appropriate location of labor law standards for individual institutions and parts. Depending on the content, direction and nature of these norms, labor law is divided into a common and special part. The general part includes norms that determine the subject, the basic principles, sources, the content of labor and closely with them related other legal relations, the procedure for the conclusion and content of collective agreements and agreements.

A special part of labor law is much more general and regulates certain groups of public relations - the norms regulating the employment contract (contract), working hours and time of rest, labor, labor protection, labor disputes and a number of others.

1. Concept, subject and method of labor law.

2. Principles of labor law.

3. Sources of labor law.

4. Labor law and labor law system

5. Labor law entities.

Regulations:

1. Constitution of the Russian Federation (accepted by a nationwide vote 12.12.1993).
2. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended).
3. Federal Law "On Trade Unions, Rights, and Guarantees of Activities" dated December 8, 1995 (as amended).
4. Federal Law "On Social Protection of Disabled in the Russian Federation" dated November 24, 1995 No. 181-FZ (with change).
5. Federal Law "On the Procedure for the Resolution of Collective Labor Disputes" of November 23, 1995 (with amended).
6. Federal Law "On Fundamentals of the Public Service of the Russian Federation" of July 31, 1995 No. 199-FZ (C iside).
7. The Law of the Russian Federation "On Collective Contracts and Agreements" of 03/11/1992 No. 2490-1 (C iside).
8. Law of the Russian Federation "On Employment of the Population in the Russian Federation" of 04/19/1991 No. 1032-1 (with amended).
9. Regulation "On the discipline of railway transport workers of the Russian Federation" of 25.08.92. // SAPP RF. 1992. No. 9. Art. 608b (with change).
10. Charter on the discipline of employees of the fishing fleet of the Russian Federation (appliance. Decree of the Government of the Russian Federation of September 21, 2000).

Judicial acts:

Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"

1. Kiselev I. I am a comparative work right: tutorial. Velby; Avenue. 2005.
2. Laws: Textbook / Ed. Z. Krylova.- M. Higher School. 2002.
3. Labor law of Russia and foreign countries. International labor standards: textbook. Publishing house Eksmo. 2006.
4. Labor law: tutorial / under total. ed. S.P. Mavrina and E.B. Khokhlov. - M.: Higher education, 2005.
5. Labor law of Russia: a tutorial / ed. A.M. Buried. - M. Lawyer. 2004.

1. Concept, subject and method of labor law.The name of the industry of law indicates labor regulation, and not difficulty as a process, but the social relations arising from this. Any joint labor regardless of the type and form of ownership of the means of production objectively requires an organization and management. The relationships in the process of labor between people are the subject of labor law.

In this way, labor law is a branch of law regulating labor and closely related other relations. Labor relations are the main in the subject of regulation and represent the relationship of the employee with the employer about the use of its work ability. At the same time, the subject of labor law is the others, relations, in particular:

· Employment relationship;

· Socio-partnerships;

· Relationship on supervision and monitoring of compliance with labor legislation and labor protection;

· Relationship training, professional and professional development of employees;

· Relationships on the material responsibility of participants in the employment relationship;

· Relationship to the resolution of labor disputes, etc.

Any branch of law besides the subject has its own special method of regulation, that is, a set of techniques and ways to influence the right to public relations. For labor law, characteristic:

1) a combination of centralized and local (local) regulation, regulatory (labor legislation) and contractual;

2) the contractual nature of labor and the establishment of its conditions;
3) the equality of the parties to labor relations in the conclusion and termination of employment contracts and subordinate them in the labor process of labor legislation and the rules of the internal employment regulation of this organization;

4) the participation of employees through their representatives, trade unions, labor collectives in the legal regulation of labor (in establishing and applying labor law standards), monitoring the observance of labor legislation;

A specific way to protect labor rights, combining the body of the Labor Collective (Commission on Labor Disputes) with judicial protection on individual disputes of the Parity Authority (Prison Commission) and Arbitration (Labor Arbitration or Mediator) on Collective Labor Rights, up to strike;

6) Unity and differentiation (distinction) of legal regulation of labor. Unity is expressed in common productions throughout the country enshrined in Art. 2 TCs, principles of legal regulation of labor and in uniform employees of basic labor rights and is reflected in the general norms of labor legislation (the total rate means spreading it to all employees).

2. Principles of labor law. Under legal principles It is customary to understand the initial principles expressed in the legislation, leading ideas characterizing the main content and internal unity of legal regulation of social relations. Based on the generally accepted principles and norms of international law and in accordance with the Constitution of the Russian Federation Art. The 2 Labor Code of the Russian Federation establishes the nineteen of the most important principles of legal regulation of labor and other relations directly related to them. Among them, in particular, such as:

Labor freedom, including the right to work, which every freely chooses or which freely agrees, the right to dispose of its work abilities, choose the profession and family of activity;

Prohibition of forced labor and discrimination in the field of labor;

Unemployment protection and employment assistance;

Ensuring the right of each employee for timely and in full formation of a fair wage, providing a decent person to exist for himself and his family itself, and not lower than the federal law of the minimum wage;

Compensation for harm caused by the employee in connection with the execution of labor duties;

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

Ensuring the right of everyone to protect the state of his labor rights and freedoms, including in court;

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

Ensuring the right to compulsory social insurance of workers;

And others (Article 2 of the Labor Code of the Russian Federation).

Formulated in Art. 2 TK RF Principles are manifested in various institutions of labor law. Some of them are specified in the legal norms relating to the emergence of labor relations, other - during the period of the employment contract. In the field of labor there is an extensive regulatory array, aimed at protecting the labor rights of employees at all stages of an employment relationship.

3. Sources of labor law. The sources of labor rights include, first of all, regulatory acts: the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts, including acts of subjects of the Russian Federation, local self-government and local acts. Among them, the most important source of labor law is the Labor Code of the Russian Federation of December 21, 2001, with subsequent changes. In accordance with Article 5 of the Labor Code of the Russian Federation in the event of the contradictions between the Labor Code of the Russian Federation and other federal laws containing the norms of labor law, the Labor Code of the Russian Federation applies. If the newly adopted federal law contradicts the Labor Code of the Russian Federation, this federal law is applied subject to appropriate amendments and additions to the Labor Code of the Russian Federation. The main sources of labor law except the Labor Code of the Russian Federation are laws governing the most important provisions of labor organization. Among them, such as the Law of the Russian Federation "On Collective Contracts and Agreements" of 11.03.92, with subsequent changes, the Law of the Russian Federation "On Employment of the Population in the Russian Federation" from 19.04.91, followed by amendments, the Federal Law "On Trade Unions, their Rights and guarantees of activity "from 12.01.96 and others.

According to the Constitution of the Russian Federation, an integral part of the Russian legal system are international treaties ratified by the established procedure that have priority to use. Most of them are the conventions of the International Labor Organization (ILO), for example, the Convention "On Forced and Mandatory Labor", 1930, "On Savage Protection" of 1949, "On Professional Rehabilitation and Employment of Disabled" 1983

Acts of higher judicial bodies - the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation sources of law are not, since the activities of the courts are not rule-making. At the same time, they provide the unity of law enforcement. The decisions and definitions of the Supreme Court fill the gaps in legislation and ensure unity in the application of solutions and compliance with their law. Thus, the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 gave a number of important explanations on the use of the Labor Code of the Russian Federation.

Special powers are endowed by the Constitutional Court of the Russian Federation. It can make decisions on recognition by unconstitutional as certain provisions of legislation and laws in general.

4. Labor law system.The system of labor law is called the structure of this industry. Its norms are classified on the subject of the industry in homogeneous groups (institutions, stintles) and consistently arranged on the dynamics of the occurrence and development of an employment relationship. The entire industry system is divided into two parts: common and special. IN general part Industry law includes rules extending to all relations between this industry, as well as the norms on the delimitation of the competence of the Federation and its subjects for labor regulation. It does not have institutions, since it grouped norms that have a common nature of labor regulation: constitutional bases of labor (Art. 2, 7, 19, 32, 34, 37, 38, 41, 43, 45, 46 and 47 of the Constitution of the Russian Federation ), Section I "General Provisions" (Article 1-22) of the Labor Code and Section II "Social Work Partnership" (Art. 23-55).
Special part Labor law industries are based on institutions: the Institute for Employment and Employment, the Central Institute of Labor Agreement, in which the norms about the concepts, types of employment contract are grouped, the procedure for its conclusion, changes and termination (i.e. admission, translation and dismissal). This is followed by six institutions governing the most important aspects of labor relations: working hours and rest, labor payment, warranty and compensation payments, labor discipline and labor protection. For them - institutions governing derivatives from labor, directly related relations: the material responsibility of the parties to labor relations, training and advanced training in production, the Institute for the permission of individual and collective labor disputes, as well as supervision and monitoring of observance of labor legislation and protection Labor.
The structure of the Labor Code of the Russian Federation is mainly based on the system of labor law, but there are some differences. So, in the Code there is a special section XII on the peculiarities of legal regulation of the labor of some workers. But it is not an independent institution of the industry, as it reflects its differentiation by special standards, which in the separation from general rules cannot be independent institutions (although there are other opinions in science).

The systematization of labor legislation to create now the Code of Labor Law on the Russian Federation implies the selection of the most important acts in it and at the same time - the abolition of obsolete norms.

As a subject of labor law and the system of this industry are not once and forever data. They change with the development of society, labor relations.

5. Labor law entities- These are participants in labor and other directly related relationships. . The legal status (status) of subjects of labor law is determined by their qualities as:

labor legal capacity - recognized by law the ability to have labor rights and obligations;

labor capacity is the ability to exercise labor rights personally and duties personally;

labor deability - recognized by labor legislation the ability to respond for labor offenses.

In labor law, all these three legal abilities are inseparable, so we are talking about a united labor legal personality, which combines all of the above qualities. Labor legal personality - This is recognized by labor legislation the ability of the person (physical or legal) to be a subject of labor and directly with them related legal relations, to have and implement labor rights and obligations and responsible for labor offenses. Labor law entities are:

Citizens (employees);

Employers (organizations and individuals);

Representatives of workers and employers;

Freckles or other employees authorized by the elected organs;
- social partners in the person of their relevant representatives on the federal, industry, regional, territorial and professional level;
employment and employment authorities;

Jurisdictional bodies for the consideration of labor disputes, supervisory and monitoring bodies of labor legislation, labor protection.

The legal status of each of the specified species of the subject of labor law in its content differs from the status of its other subjects. Thus, the legal status of the employee will be completely different in legal personality, and in terms of the content of statutory (main) rights and obligations and their legal guarantees, rather than the legal status of the employer or other subjects of labor law. The general legal status of a subject is distinguished, which provides for the same rights and obligations for this type of labor law, workers or employers, and special legal status for a specific subject of this species, including its special rights in accordance with the differentiation of labor law. The special status of the employee reflects the peculiarities of the legal regulation of its labor (for example, women, minors, etc.).

Lecture 2. Labor contract.

1. The concept and significance of the employment contract.
2. The content of the employment contract.
3. Conclusion of the employment contract.
4. Changing the employment contract.

Regulations:

1. The Constitution of the Russian Federation (accepted by a nationwide vote 12.12.1993).

2. Labor Code of the Russian Federation of 30.12. 2001 No. 197-FZ (as amended).

3. The Federal Law "On Trade Unions, their Rights, and Guarantees of Activities" of December 8, 1995 N 10-FZ (C iside).

4. Federal Law "On the Procedure for the Resolution of Collective Labor Disputes" of November 23, 1995 (with amended).

5. Federal Law "On the Fundamentals of the Public Service of the Russian Federation" of July 31, 1995 No. 199-FZ (C iside).

6. Federal Law "On the Social Protection of Disabled in the Russian Federation" of July 20, 1995 N 181-FZ (with change.).

7. Law of the Russian Federation "On Collective Contracts and Agreements" of 03/11/1992 No. 2490-I (with amended).

8. The Law of the Russian Federation "On Employment of the Population in the Russian Federation" of 04/19/1991 No. 1032-1 (with change.).

9. Charter on the discipline of employees of the fishing fleet of the Russian Federation (approved. Decree of the Government of the Russian Federation of September 21, 2000).

10. Regulation "On the discipline of railway transport workers of the Russian Federation" of 25.08.92. // SAPP RF. 1992. No. 9. Art. 608b (with change).

Judicial acts:

Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 "On the application of the courts of the Russian Federation of the Labor Code of the Russian Federation"

List of additional literature:

1. Marenkov N.L., Kosyenko N.N. Labor law: tutorial. Flint Publisher 2005.
2. Tolkunova V.N. Labor law. Lecture course. - M. Prospect. 2003.
3. Labor law of Russia: a tutorial / ed. A.M. Buried. - M. Lawyer. 2004.

1. The concept and importance of the employment contract. The main form of implementation of the constitutional right to work is the conclusion of the employment contract. According to Article.56 of the Labor Code of the Russian Federation, the employer is an agreement, in accordance with which the employer undertakes:

Provide employee work on the conditioned labor function

Ensure the working conditions provided for by this Code, laws and other regulatory acts, a collective agreement, agreements, local regulatory acts containing labor law norms;

In a timely manner and in full, pay wages.

An employee in turn undertakes:

Personally to fulfill the employment function defined by this agreement;

Comply with the rules of the internal labor schedule operating from this employer.

Not any agreement on labor is an employment contract, therefore an employment contract from related civil law agreements should be distinguished (contracts, instructions, etc.). The correct demarcation of labor and civil law agreements is of great practical importance, since the relations of the parties in civil-law contracts of labor legislation do not apply. These relations are governed by civil law. The main distinguishing features are the responsibilities of the employee personally to fulfill the work function and obey the rules of the internal labor regulation. Such signs do not contain civil law contracts.

In a market economy, the role and importance of an employment contract increases. It is the basis of the emergence of labor relationship, generating this legal relationship and its action in time. The employment contract is designed to individualize labor legal relations in relation to the personality of the employee and a particular employer. Since the conclusion of the employment contract, a citizen becomes an employee of this organization and the legislation on labor is fully applied to it.

An employment contract is the main legal form of attracting, distribution, redistribution, consolidation and rational use of the country's labor resources.

2. The content of the employment contract. The employment contract contains the necessary information relating to the employee (part 1 of Article 57), as well as the terms of the contract. The conditions cannot be included in the employment contract that worsen the situation of employees compared to the Labor Code of the Russian Federation, laws and other regulatory acts, a collective agreement, agreements, local regulatory acts. At the same time distinguish mandatory and additional conditions of employment contract.

Subject to prerequisites:

Place of work, and in the case when the employee is accepted for work in a branch, representation or other a separate structural division of the organization located in another area, indicating a separate structural unit and its location;

Labor function (work asked in accordance with the staffing schedule, profession, specialty indicating the qualifications; a specific type of commissioned employee);

The start date of work, and in the case when the urgent employment contract is concluded, it is also the term of its action and circumstances (reasons) that served as the basis for the conclusion of an urgent employment contract in accordance with the Labor Code of the Russian Federation or other federal laws;

Terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, surcharge, surcharge and incentive payments);

Time of working time and rest time (if for a given employee differs from the general rules operating in this employer);

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

Conditions that determine the nature of the work (mobile, traveling, on the way, another nature of work);

Conditions on the compulsory social insurance of the employee in accordance with the TC RF and other federal laws;

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

It should be noted that if any information and (or) the conditions provided for by parts of the first and second paragraph 57 of the Labor Code of the Russian Federation were not included in the employment contract, this is not the basis for recognizing the employment contract of the nonconnected or its termination. Nevertheless, the employment contract must be supplemented by the missing information and (or) conditions in the manner prescribed by part of the third Article.57 of the Labor Code of the Russian Federation.

To the additional conditions of the employment contract, in particular, the conditions include:

• to clarify the place of work (indicating the structural unit and its location) and (or) on the workplace;
• about the test (see more details of Article 70 and 71 of the Labor Code of the Russian Federation);
• on non-disclosure of secrets protected by law (state, official, commercial and other);
• on the responsibility of the employee, after studying an equally established period of time, if the training was carried out at the expense of the employer;
• about the types and conditions of additional insurance of the employee;
• on improving the social and living conditions of the employee and his family members;
• the clarification in relation to the working conditions of this employee of the rights and obligations of the employee and the employer, as well as other conditions, not worsening the position of the employee compared to the Labor Code of the Russian Federation, laws and other regulatory acts, collective agreement, agreements.

3. Conclusion of the employment contract.The employment contract is written (Article 67 of the Labor Code of the Russian Federation). In practice, there are cases of ignoring this requirement by employers. Nevertheless, the rights of employees are protected by the provisions of Article 67 of the Labor Code of the Russian Federation, which establishes that the employment contract is not properly considered to be concluded if the employee has begun to work with the knowledge or on behalf of the employer or its representative. In the actual worker's assumption, the employer must arrange an employment contract with him in writing no later than three days from the date of the actual assumption of the employee to work.

According to Art. 65 of the Labor Code of the Russian Federation at the conclusion of an employment contract, a person coming to work imposes an employer:

• passport or other document certifying;
• an employment record, except when the employment contract is for the first time or an employee comes to work on a part-time environment;
• insurance certificate of state pension insurance;
• military accounting documents - for military-ridden and persons subject to military service;
• document on education, qualification or availability of special knowledge or special training.

Any additional documents may be presented only in cases provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and the RF Government Decisions

In addition to the written registration of the employment contract of the Labor Code of the Russian Federation, obliges the employer to issue an order (order) on employment, which is announced by the employee on receipt for a three-day period from the date of signing. The procedure for the entry of the employment contract by virtue is regulated by Article 61th of the Russian Federation.

The employment contract can be concluded as indicating the period (no more than five years, unless otherwise established by law) and indefinitely. Since the urgent employment contract initially limits the rights of an employee by the temporary framework, the Labor Code of the Russian Federation prohibits the employer to enter into an urgent employment contract in the absence of sufficient grounds (articles 58.59). In accordance with Article 57 of the Labor Code of the Russian Federation at the conclusion of an urgent employment contract, circumstances (reasons) were indicated, which served to conclude an urgent employment contract. Moreover, the TC RF sets the rule that if none of the parties demanded the termination of the employment contract in connection with the expiration of its term, and the employee continues to work after the expiration of the employment contract, the employment contract is considered to be concluded indefinitely. The conclusion of urgent employment contracts is prohibited in order to evade the provision of rights and guarantees provided for by the employees with which the employment contract is concluded for an indefinite period.

In accordance with Article 64 of the Labor Code of the Russian Federation, an unreasonable refusal to conclude an employment contract is prohibited. The employer cannot be taken into account the circumstances that are not related to the business qualities of the employee (in particular, the floor, race, skin color, nationality, language, origin, etc.), except in cases provided for by federal law. It is forbidden to refuse to conclusted the employment contract to women based on pregnancy or the presence of children. The Criminal Code recognizes this crime and establishes criminal liability (Article 145 of the Criminal Code of the Russian Federation). Every citizen who is unreasonably denied the conclusion of an employment contract can appeal such a refusal in court. It is important to note that at the request of the person who is denied the conclusion of an employment contract, the employer is obliged to inform the reason for refusal in writing.

3. Changing the employment contract. The Labor Code of the Russian Federation establishes a general rule - a change in any conditions of employment contract (substantial or additional) is allowed under the Agreement of Parties and in writing (Article.72). The values \u200b\u200bare established by Articles 72.2 and 74 of the Labor Code of the Russian Federation. The change in the employment contract can be initiated by both the employer and the employee. In some cases, the change in the employment contract is regarded as a translation to another job. So, in accordance with Article 72.1 of the Labor Code of the Russian Federation, the translation to another job is recognized:

A permanent or temporary change in the employment of the employee and (or) of the structural unit in which the worker works (if the structural unit was indicated in the employment contract), when continuing to work at the same employer;

Transfer to work in another locality together with the employer.

The responsibility of the employer is the transfer of an employee who needs in accordance with the medical conclusion in the provision of other work, with its consent to another, not contraindicated under health work. If the employee who needs in accordance with the medical conclusion in the temporary translation to another job for up to four months, it is absent from the employer's relevant work, the employer is obliged to remove the employee from working with maintaining the place of work ( posts). In the period of suspension from work, the employee is not charged, except in the cases provided for by this Code, other federal laws, a collective agreement, agreements, an employment contract.

If, in accordance with the medical conclusion, the employee needs a temporary translation to another job for a period of more than four months or in permanent translation, then if it is refusing to transfer or the absence of an appropriate work at the employer, the employment contract is terminated in accordance with paragraph 8 of the first part of Article 77 of this Code. ..

It should be distinguished to another work from moving, which does not require the consent of the employee (part 3.4 of Art. 72.1. TK RF).

In the context of the development of technical progress, new technologies are being introduced into the production, and organizational innovations are introduced. At the same time, the employer may change the conditioned conditions (in particular, the work and recreation, labor and other labor, etc.) without the consent of the employee, with the observance of established Article 74 of the Labor Code of the Russian Federation, the guarantees (written notice, the proposal of another work, the introduction of an incomplete working time regime, Invalidation of the introduction of conditions worsening the position of the employee compared with the terms of the collective agreement, agreement). The refusal of the employee from continuing work under the changed conditions will entail for him the termination of the employment contract according to paragraph 7 of Article 77 of the Labor Code of the Russian Federation.

Exceptional circumstances specified in Article 72.2. TC, also give the right to the employer temporarily for a period of one month to translate an employee without his consent to the work that is not due to labor contracts in compliance with the established guarantees (in particular, the preservation of the average earnings for the previous work, accounting of the employee's qualifications).

The main provisions and norms of labor law in the Russian Federation are established by the Constitution of the Russian Federation, the Labor Code of the Russian Federation, other regulatory legal acts of the Russian Federation and the constituent entities of the Russian Federation.

The fundamental principle of labor law - The principle of freedom of labor. This principle is implemented in various legal norms, starting with the emergence of labor relations and ending with them with termination. Freedom of labor means that any citizen himself determines where he to show his knowledge and ability.

Forced labor - This is the fulfillment of work under the threat of the use of any punishment (violent impact).

Article 37 of the Constitution of the Russian Federation said:

"one. Work is free. Everyone has the right to freely dispose of its work skills, choose the generation and profession.

2. Forced labor is prohibited.

3. Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for labor without any discrimination and not lower than the minimum wage established by the federal law, as well as the right to defense against unemployment.

4. It is recognized as the right to individual and collective labor disputes using the methods of their permission established by the federal law, including the right to strike.

5. Everyone has the right to rest. Working in the employment contract is guaranteed by the duration of working hours, weekends and holidays paid for annual leave by the Federal Law.

Article 10 of the Labor Code of the Russian Federation suggests that "generally accepted principles and norms of international law and international treaties of the Russian Federation in accordance with the Constitution of the Russian Federation are an integral part of the legal system of the Russian Federation.

If other rules are established by the International Agreement of the Russian Federation than the rules of the International Treaty provided for by labor law and other acts containing labor law. "

The International Labor Organization (ILO) develops and adopts international labor standards in the form of conventions and recommendations.

The ILO Convention is subject to ratification by ILO members. The country that ratified the ILO Convention assumes obligations to apply the provisions of this Convention. Conventions are legal documents with the strength of an international treaty. The Convention acquires legal force since the ratification by its supreme body of state power of this country - ILO member.

Recommendations are created by the ILO in cases where the question is not considered sufficiently designed to take obligations-participating countries or when it is required to detail, supplement the provisions of the adopted Convention, as well as when the norms produced are subject to frequent changes.

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

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

2) other regulatory 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 authorities;

· Regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation;

· Regulatory legal acts of local governments.

Labor relations and other relations directly related to them are regulated by collective agreements, agreements and local regulatory acts containing the norms of labor law.

Local regulatory acts of the employer, containing labor law standards, should not contradict the Labor Code of the Russian Federation, other federal laws, decree of the President of the Russian Federation, the regulations of the Russian government, regulatory legal acts of the federal executive authorities, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

We emphasize that local regulatory acts of the employer in the field of labor protection are the direct legal framework for labor protection management at the employer level (at the corporate level).

Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the Labor Code of the Russian Federation, a personal fulfillment by the employee for the labor function fee (work on a certain specialty, qualifications or position) and the employee's subordination of the employee of the Internal Labor Regulations, subject to the employer payment and working conditions provided for by labor legislation, collective agreement, agreements and this employment contract.

Unlike the employment contract concluded with an employee to fulfill a certain employment function, civil law agreements (related to the use of labor) are concluded to fulfill certain work, the purpose of which is to achieve the final result. Destination by the employment contract from civil and legal contracts related to the use of labor is very important. By concluding the employment contract, the citizen falls under the work of labor legislation and acquires the right to relevant social guarantees and compensation provided for by this legislation (paid leave, allowance for temporary disability, etc.), including in the field of labor protection. Persons working on civil law agreements, do not have the right to such guarantees and compensation.

Sections of the IV and V of the Labor Code of the Russian Federation regulated working hours and time of recreation of workers.

The discipline of labor is obligatory for all workers subordination to the rules of conduct defined in accordance with the Labor Code of the Russian Federation (Section VIII), other federal laws, a collective agreement, agreements, local regulatory acts, an employment contract.

The rules of the internal labor regulation are the local regulatory act regulating in accordance with the Labor Code of the Russian Federation and other federal laws the procedure for the admission and dismissal of employees, the main rights, obligations and responsibilities of the Parties to the Labor Treaty, the work time, the time of recreation, applied to the employees of the promotion and recovery measures, As well as other issues of regulating labor relations from this employer.

The internal regulations usually consist of the following sections:

1) General provisions providing for these rules to whom they apply to, their goal, tasks;

2) order of admission and dismissal;

3) the main responsibilities of the employee;

4) the main responsibilities of the employer (administration);

5) working time and its use;

6) promotion measures for progress in labor;

7) Disciplinary responsibility for violation of labor discipline.

For non-fulfillment or improper performance, the following disciplinary recovery may be applied by an employee of labor duties:

1) Note;

2) reprimand;

3) dismissal on appropriate grounds.

Features of labor regulation of women are regulated:

· Labor Code of the Russian Federation (Art. 253-264);

· Decree of the Council of Ministers - Government of the Russian Federation of 06.02.1993 No. 105 "On the new norms of extremely permissible loads for women when lifting and moving weights manually";

· Decree of the Government of the Russian Federation of 25.02.2000 № 162 "On approval of a list of heavy work with harmful or hazardous working conditions, during the implementation of which the use of women's labor is prohibited;

· Sanpin 2.2.0.555-96 "Hygienic requirements for women's working conditions" and a number of other documents.

Features of the labor regulation of young people are regulated:

· Labor Code of the Russian Federation (Art. 265-272);

· Decree of the Government of the Russian Federation of 25.02.2000 № 163 "On approval of a list of hard work and work with harmful or hazardous working conditions, during the implementation of which the use of labor of persons under the age of 18 is prohibited";

· Decree of the Ministry of Labor of the Russian Federation dated 04/07/1999 No. 7 "On approval of the norms of extremely permissible loads for persons under the age of 18 years of lifting and movement of weights manually";

· SanPine 2.4.6.664-97 "Hygienic criteria for permissible conditions and types of work for professional training and labor of adolescents."

Wages (employee's wages) - fee for labor, depending on the qualifications of the employee, complexity, quantity, quality and conditions of work performed, as well as compensatory payments (compensation surcharges and surcharges, including work in conditions deviating from normal, Work in special climatic conditions and in areas undergoing radioactive pollution, and other compensation payments) and stimulating payments (surveillance and surveillance premises, prizes and other incentive payments).

The remuneration of workers engaged in hard work, work with harmful, dangerous and other special working conditions is carried out in an increased amount.

In an increased amount, the work of workers employed in areas in areas with special climatic conditions is also paid.

For violation of labor protection requirements, disciplinary, material, civil and legal, administrative and criminal liability is envisaged.

The Labor Code of the Russian Federation determines the social partnership in the field of labor as a system of relationship between employees (representatives of employees), employers (representatives of employers), government authorities, local governments, aimed at ensuring the coordination of the interests of workers and employers on the regulation of labor relations and other, directly associated relations.

Parties of the social partnership are employees and employers in the person of the representatives of representatives in the established manner. Public authorities and local governments are parties to the social partnership in cases where they act as employers, as well as in other cases provided for by labor legislation.

Regulation of labor relations and other, directly related relations can be carried out by concluding, changes, additions to employees and employers collective agreements, agreements, employment contracts.

A collective agreement - legal act, regulating social and labor relations in an organization or from an individual entrepreneur and concluded by employees and an employer in the person of their representatives.

The content of the collective contract is determined by the parties and is aimed at solving the urgent tasks of the social development of the labor collective. The agreement may include the mutual commitments of the employer and workers on labor and employment of workers, about paying for labor, about working time and recreation time, improvement of working conditions, and material incentives, and benefits and benefits for workers may be established for the financial and economic situation of the employer, Working conditions, more favorable compared to established laws, other regulatory legal acts, agreements. This is one of the goals of a collective agreement.

Representatives of the Parties of the Social Partnership for violations are subject to fine in the amount of and the procedure provided for by the Federal Law.

Individual labor disputes are treated by commissions on labor disputes and courts.

The procedure for resolving collective labor disputes consists of the following steps:

· Consideration of a collective labor dispute by the Prison Commission,

· Consideration of a collective labor dispute with the participation of an intermediary and (or) in labor arbitration.

As a result of the study of this section, you will know:

· Basic concepts of labor law.
· International labor standards of the International Labor Organization, regulating labor relations.
· Fundamental principles of the Constitution of the Russian Federation regarding labor issues.
· The concept of forced labor.
· Prohibition of forced labor.
· Labor Code of the Russian Federation, federal laws and other regulatory legal acts containing labor law norms.
· Labor law and state regulation of socio-labor relations.
· The concept of an employment contract. The difference between the employment contract from civil-law agreements.
· Content of the employment contract.
· General provisions of the employment contract:
· Parties and content;
· Guarantees when receiving work;
· Labor contract;
· The procedure for the conclusion and foundation of the termination of the employment contract;
· Test when receiving work.
· Concepts "Translation" and "Movement".
· Temporary translation to another work on production need: base, deadlines and translation order.
· Types of transfers to another job.
· Changes in essential conditions of employment contract.
· The procedure for termination of the employment contract on the initiative of the employee and on the initiative of the employer.
· Working hours and rest time.
· Labor discipline: promotion for labor, disciplinary penalties.
· Types of disciplinary penalties; The procedure for applying disciplinary penalties, removal of disciplinary recovery.
· Rules of internal labor regulations.
· Labor legislation regulations governing the use of labor of women, workers who have minors or care for sick members of their families; Features of labor regulation of persons younger than eighteen years.
· Benefits and compensation for hard work and work with harmful and (or) dangerous working conditions.
· Wage and salary: basic concepts and definitions.
· Remove payment in cases of performance in conditions deviating from normal.
· Responsibility of parties for violation of labor legislation.
Social partnership Warranty of the social world in a market economy.
· Collective agreement:
· His content and structure;
· Order and conditions of conclusion;
· validity;
· Resolution of disagreements.

The legislation of the Russian Federation for labor protection (from) consists of the relevant standards of the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" and the legislative and other regulatory acts of the Russian Federation and subjects published in accordance with them. Guarantees for the realization of the rights of workers on labor protection and regulatory requirements for labor protection, established by legislative acts of the subjects of the Federation, may not be lower than guarantees and requirements of the Russian Federation.
· Resolution of disagreements.
· Responsibility of the partnership aspects of social partnership.
· Labor dispute review authorities.

List of key documents required when studying the section:

1. Labor Code of the Russian Federation. Adopted on December 30, 2001 No. 197- FZ
2. Code of the Russian Federation on Administrative Offenses. Adopted on December 30, 2001 No. 195-FZ (with changes and additions).
3. The Federal Law "On the Russian Trilateral Commission on the Regulation of Socio-Labor Relations" of May 1, 1999 No. 92-FZ.
4. Civil Code of the Russian Federation. Adopted by the State Duma October 21, 1994

The main provisions of labor law

According to the Constitution of the Russian Federation, every citizen of Russia has the right to work in the conditions that meet the requirements of security and hygiene (Article 37), health care and free medical care in state and municipal health institutions (Article 41), for compensation by the state harm caused by illegal Action (or inaction) of state authorities or their officials (Article 53), for a favorable environment, reliable information about its condition and to compensation for damage caused by his health or property with an environmental offense (Article 42). Hiding by officials of the facts and circumstances, creating a threat to the life and health of people, entails responsibility in accordance with the Constitution of the Russian Federation (Art. 41, paragraph 3).

Occupational Safety and Health - the system of preserving the life and health of workers in the process of labor activity, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other events.

In the Constitution of the Russian Federation (Art. 37), everyone's right is enshrined in conditions that meet the requirements of safety and hygiene.

Proclaimed Art. 210 The priority of the preservation of the life and health of employees in relation to any other results of labor activity is the universal principle corresponding to the Universal Declaration of Human Rights. International Covenant on Economic, Social and Cultural Rights, Declarations and Conferences of the ILO, international obligations of Russia, adopted under the CIS Convention on Rights and Basic Freedoms of Human, and based on the provisions of Art. 7 and 37 of the Constitution of the Russian Federation. The consolidation of this particular principle in the Labor Code of the Russian Federation puts forward the obligation of the organizers of the production and other types of work to ensure safe and favorable working conditions for its participants.

Of particular importance is assigned to the art. 20 Method of solving problems in the field of labor protection. Method of developing and implementing federal targeted sectoral target programs to improve working conditions.

Forced labor - Performance of work under the threat of the use of any punishment (violent impact), including:
· In order to maintain labor discipline;
· As a measure of responsibility for participation in the strike;
· As a means of mobilization and use of labor for the needs of economic development;
· As a measure of punishment for the presence or expression of political views or ideological beliefs opposite to the established political, social or economic system;
· As a measure of discrimination on the signs of racial, social, national or religious affiliation.

For compulsory labor includes:

· Violation of the established timelines for paying wages or payment of it is not in full;
· Requirement by the employer execution of labor duties from the employee if the employee is not provided with funds of collective or individual protection
· Or work threatens the life or health of the employee.

Forced labor is prohibited.

Regulation of labor relations and other, directly related relations in accordance with the Constitution of the Russian Federation, by federal constitutional laws is carried out by labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms:
· Labor 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 federal executive authorities;
· Constitutions (charters), laws and other regulatory legal acts of constituent entities of the Russian Federation;
· Acts of local self-government bodies and local regulatory acts containing labor law norms.

The norms of labor law, contained in other laws, must comply with the Labor Code.

Decrees of the President of the Russian Federation, containing the norms of labor law, should not contradict the Labor Code and other federal laws.

Decisions of the Government of the Russian Federation, containing the norms of labor law, should not contradict the Labor Code, other federal laws and decrees of the President of the Russian Federation.

Regulatory legal acts of federal executive bodies, containing labor law norms, should not contradict the Labor Code, other federal laws, decree of the President of the Russian Federation and the Resolutions of the Government of the Russian Federation.

Laws and other regulatory legal acts of the constituent entities of the Russian Federation, containing the norms of labor law, should not contradict the Labor Code, other federal laws, decree of the President of the Russian Federation, the decrees of the Government of the Russian Federation and the regulatory legal acts of the federal executive authorities.

Acts of local governments and local regulations containing labor law norms should not contradict the Labor Code, other federal laws, decree of the President of the Russian Federation, the regulations of the Government of the Russian Federation, the regulatory legal acts of the federal executive authorities, laws and other regulatory acts of the constituent entities of the Russian Federation.

In the case of contradictions between the Labor Code and other federal laws containing labor law norms, the Labor Code apply.

If the newly adopted federal law contradicts the Code, then this federal law applies subject to appropriate changes and additions to the Labor Code.

Labor contract - Agreement between the employer and the employee. In accordance with it, the employer undertakes to provide an employee to work on the conditioned labor function, to ensure the working conditions provided for by the Labor Code. As well as laws and other regulatory legal acts, a collective agreement, agreements, local regulatory acts containing labor law, in a timely manner and in full, to pay employee wages, and the employee undertakes to personally fulfill the labor function defined by this Agreement, to comply with the rules of internal Labor routine.

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

The essential conditions of the employment contract are:
· Place of work (with an indication of the structural division);
· The start date of work;
· Name of position, specialty, profession indicating the qualifications
· In accordance with the staffing of the Organization or a specific labor function.
If, in accordance with federal laws with the performance of work on certain positions, specialties or professions, the provision of benefits or the availability of restrictions is connected, the name of these posts, specialties or professions and qualification requirements for them must comply with the names and requirements specified in the qualification directories approved in the order established by the Government of the Russian Federation;
· The rights and obligations of the employee;
· Employer rights and obligations;
· Characteristics of working conditions, compensation and benefits to employees for working in severe, harmful and (or) hazardous conditions;
· Labor and recreation regime (if it is different from the general rules established in the organization);
· Terms of remuneration (including the size of the tariff rate or employee salary, surcharge, surcharges and incentive payments);
· Types and conditions of social insurance directly related to labor activities.

The labor contract may provide for testing conditions. On the non-disclosure of the secrets protected by law (state, official, commercial and other), about the duties of the employee to work after studying an equally established term of the term, if the training was carried out at the expense of the employer's funds, as well as other conditions, not worsening the position of the employee compared with the Labor Code, Laws and other regulatory legal acts, collective agreement, agreements.

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

In the case of the conclusion of an urgent employment contract, it indicates its validity and circumstance (reason) who served as the basis for the conclusion of an urgent employment contract in accordance with the Code and other federal laws.

Labor contracts may be:
· For undefined period;
· For a certain period of no more than five years (urgent employment contract), unless otherwise established by the Labor Code and other federal laws.
The urgent employment contract is in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the upcoming work or conditions of its implementation, unless otherwise provided by the Code and other federal laws.

If its work is not agreed in the labor contract, the contract is considered to be concluded indefinitely.

In case, none of the parties demanded termination of an urgent employment contract due to its expiration, and the employee continues to work after the expiration of the employment contract, the employment contract is considered to be concluded indefinitely.
An employment contract concluded for a certain period in the absence of sufficient reasons established by the state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law standards, or by the court, is considered to be concluded indefinitely.

At the conclusion of the employment contract, the Parties test may be due to the test of the employee in order to verify its compliance of the assigned work.

The test condition should be indicated in the employment contract. The absence of a workforce in the labor contract means that the worker is accepted without a test.

During the testing period, the provisions of the Labor Code, laws, other regulatory legal acts, local regulations containing the norms of labor law, a collective agreement, agreement, are applied to the employee.

Test when receiving work is not installed for:
· Persons entering the competition for a contest for replacing the relevant position conducted in the manner prescribed by law;
· Pregnant women;
· Persons who have not reached the age of eighteen;
· Persons who graduated from educational institutions of primary, secondary and higher vocational education and for the first time entering the work on the received specialty;
· Persons chosen (selected) to the elected position, for paid work;
· Persons invited to work in order of translation from another employer in coordination between employers;
· In other cases provided for by the Labor Code, other federal laws and collective agreement.

The test term cannot exceed three months, and for the heads of organizations and their deputies, the main accountants and their deputies, heads of branches, representative offices and other partnership units of organizations - six months, unless otherwise established by federal law.

During the test, the period of temporary disability of the employee and other periods when it was actually absent at work.

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

An employee who needs in accordance with the medical conclusion in the provision of other work, the employer is obliged to translate with his consent to another available work, not contraindicated by him for health. If the employee fails to fail, or the absence of an appropriate work in the organization, the employment contract is terminated in accordance with paragraph 8 of Article 77 of the Labor Code.

It is not a translation to another permanent job and does not require the consent of the employee moving it in the same organization to another workplace. To another structural division of this organization in the same area, the instruction of work on another mechanism or unit, if it does not entail changes in the labor function and changes in the essential conditions of employment contract.

In the event of a production need, the employer has the right to translate an employee for a period of up to one month to the work that is not affected by the employment contract in the same organization with the payment of labor at the work performed, but not lower than the average earnings for the same work. Such a translation is allowed for

preventing disasters, production accident or eliminating the consequences of a catastrophe, accident or natural disaster; To prevent accidents, downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature), destruction, or damage to property, as well as to replace the missing employee. At the same time, the employee cannot be transferred to work contraindicated by him for health.

The duration of transfer to another job to replace the missing employee cannot exceed one month during the calendar year (from January 1 to December 31).

With written consent, the employee can be transferred to work requiring lower qualifications.

For reasons associated with a change in organizational or technological conditions of labor, it is allowed to change the essential conditions of the employment contract defined by the parties at the initiative of the employer when the employee continues without changing the labor function.

On the introduction of these changes, the employee must be notified by the employer in writing no later than two months before their introduction, unless otherwise provided by the Labor Code or other federal law.

If the employee does not agree to the continuation of work in the new conditions, the employer is obliged to offer him a different job in writing. Its appropriate qualifications and health status, and in the absence of such a job - a vacant subordinate position or the lower job, which the employee can perform according to its qualifications and health status.

In the absence of this work, as well as in the event of a refusal of an employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of Article 77 of the Labor Code.

If the employee refuses to continue working on the conditions of the appropriate modes of working time, the employment contract is terminated in accordance with paragraph 2 of Article 81 of the Labor Code with the provision of the employee of the relevant guarantees and compensation.

Changes to the significant conditions of the employment contract cannot be introduced, worsening the position of the employee compared with the terms of the collective agreement, the agreement.

The worker has the right to terminate the employment contract, warning the employer about this in writing in two weeks.

By agreement between the employee and the employer, the employment contract may be terminated until the expiration of the prevention of dismissal.

In cases where the statement of the employee about the dismissal on his initiative (at its own request) is due to the inability to continue their work, as well as in cases of established violation
employer of laws and other regulatory legal acts containing labor law norms. As well as the conditions of the collective agreement, the agreement or employment contract, the employer must terminate the employment contract within the period specified in the statement of the employee.

Before the expiration of the warning about the dismissal, the employee has the right to withdraw his statement at any time. Dismissal in this case is not made if another employee is not invited in writing in writing, who, in accordance with the Labor Code and other federal laws, cannot be denied the conclusion of an employment contract.

After the expiration of the warning about the dismissal, the employee has the right to stop work. On the last day of work, the employer is obliged to issue an employee a labor book, other documents related to the work, on the written statement of the employee and to make a final calculation with it.

If, after the expiration of the prevention of dismissal, the employment contract was not, terminated and the employee does not insist on the dismissal, the work of the employment contract continues.

An employment contract may be terminated by the employer in cases:

· Elimination of the organization or termination by the employer - an individual;
· Reducing the number or staff of employees of the organization;
· Incompliance of the employee of the position or work performed as a result:
· Health states in accordance with medical conclusion;
· Insufficient qualifications confirmed by certification results;
· Changes of the owner of the organization's property (with respect to the head of the organization, his deputies and chief accountant);
· Remainless non-fulfillment by an employee without good reasons for labor duties, if it has a disciplinary penalty;
· a single gross violation by an employee of labor duties:
· Pole (lack of workplace without valid causes for more than four hours in a row during the working day);
· The appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
· Disclosures protected by the law of secrets (state, commercial, official and other), which has become a famous employee in connection with the execution of labor duties;
· Making at the place of work of theft (including small) alien property, waste, intentional destruction or damage established by the court who entered into legal force by the court or by the decree of the body authorized to apply administrative penalties;
· Violation by the employee of labor protection requirements, if this violation led to serious consequences (accident at work, accident, disaster) or knowingly created a real threat to the onset of such consequences;
· Making guilty actions by an employee who directly serving monetary or commodity values \u200b\u200bif these actions give grounds for the loss of confidence from the employer;
· The employee performing educational functions, immoral offense incompatible with the continuation of this work;
· The adoption of an unreasonable decision by the head of the organization (branch, representation), its deputies and chief accountant, which caused a violation of the safety of property, unlawful use of its use or other damage to the property of the organization;
· One-time gross violation by the head of the organization (branch, representative office), his deputies of his labor duties;
· Represents an employee to an employer of false documents or knowingly false information when concluding an employment contract;
· Termination of admission to the state secret if the work performed requires admission to the state secrets;
· Provided by the employment contract with the head of the organization, members of the collegial executive body of the Organization;
· In other cases established by this Code and other federal laws.

Dismissal on the grounds specified in paragraphs 2 and 3 is allowed if it is impossible to translate an employee
with his consent to another job.

The employee is not allowed to dismiss the employee at the initiative of the employer (except for the occasion of the liquidation of the organization or termination by the employer - an individual) during its temporary disability and during the period of stay on vacation.

In the event of termination of the activities of the branch, representation or other separate structural division of the organization located in another area, the termination of employment contracts with the employees of these structural divisions is made under the rules provided for the elimination of the organization.

Working time must provide for the duration of the working week (five-day with two days off, six-day on one weekend, the working week with the provision of weekend on a sliding schedule), work with an abnormal working day for individual categories of workers. Duration of daily work (shift), time of start and end of work, time of breaks in work, the number of shifts per day, the alternation of workers and non-working days, which are established by a collective agreement or the rules of the internal labor regulation of the organization in accordance with the Code, other federal laws, collective agreement agreements.

Time relax - The time during which the employee is free from the execution of labor duties and which it can use at its discretion.

Views time of relaxation are:
· Breaks during the working day (shift);
· Daily (intermediary) rest;
· Weekends (weekly continuous rest);
· Non-working, holidays;
· Leave.

Discipline Labor - compulsory for all workers subordination to the rules of conduct, determined in accordance with this Labor Code, other laws, a collective agreement, agreements, employment contract, local regulatory acts of the organization.

The employer is obliged in accordance with the Labor Code, laws, other regulatory legal acts, a collective agreement, agreements, local regulatory acts containing labor law standards, an employment contract to establish the conditions necessary for observance by workers by the discipline of labor.

The rules of the organization's domestic labor regulation are a local regulatory act. It regulates in accordance with the Labor Code and other federal laws the procedure for the admission and dismissal of employees, the main rights, obligations and responsibilities of the Parties to the Labor Treaty, the work time, the time of rest, applied to employees of the measures of encouraging and recovery, as well as other issues of regulating labor relations in the organization .

For the commission of a disciplinary offense, that is, non-fulfillment or improper execution by an employee by its fault of labor duties assigned to him, the employer has the right to apply the following disciplinary recovery:
· Note;
· Reprimand;
· Dismissal on appropriate grounds.

The federal laws, charters and regulations on the discipline for individual categories of workers may also provide for other disciplinary recovery.

The use of disciplinary penalties not provided for by federal laws, charters and regulations on discipline is not allowed.

Before applying disciplinary recovery, the employer must claim, from the employee an explanation in writing. In the event of a refusal of the employee, the specified explanation is drawn up with the corresponding act.

An employee's refusal to give an explanation is not an obstacle to the use of disciplinary recovery.

Disciplinary penalty is applied no later than one month from the date of the misconduct detection, not counting the time of the employee's disease, staying on vacation, as well as the time required for the opinion of the representative body of workers.

Disciplinary penalties cannot be applied later than six months from the date of the misconduct, and according to the results of the audit, verification of financial and economic activities or an audit, later than two years from the date of its commit. The time of production in the criminal case does not turn on this time.

For each disciplinary misconduct, only one disciplinary penalty can be applied.

The order (order) of the employer on the use of disciplinary recovery is announced by an employee on receipt within three working days from the date of its publication. In the event of a refusal to sign the specified order, the appropriate act is drawn up.

Disciplinary penalties may be appealed to the employee to state labor inspections or the authorities for the consideration of individual labor disputes.

If, during the year, the employee will not be subjected to a new disciplinary recovery from the day the disciplinary recovery is subjected to a new disciplinary recovery.

Employer Before the expiration of the year from the day the disciplinary action is expired, it has the right to remove it from an employee on his own initiative, the request of the employee itself, the petition of his immediate supervisor or the representative body of workers.

Discipline Labor - obligatory for all employees subordination to the rules of conduct, determined in accordance with the Labor Code, other laws, collective agreement, agreements, labor contract, local regulatory acts of the organization.

The employer is obliged in accordance with this Code, laws, other regulatory legal acts, a collective agreement, agreements, local regulatory acts containing labor law standards, an employment contract to establish the conditions necessary for observance by workers of the discipline of labor.

The organization's labor regulations is determined by the rules of the internal labor regulation.

The rules of the internal labor regulation of the organization - Local regulatory act. It regulates in accordance with the Labor Code and other federal laws the procedure for the admission and dismissal of employees, the main rights, obligations and responsibilities of the Parties to the Labor Treaty, the work time, the time of rest, applied to employees of the measures of encouraging and recovery, as well as other issues of regulating labor relations in the organization .

There is a mandatory availability in the enterprise internal labor regulations,which should be approved by the General Meeting (Conference) of employees of the enterprise for the submission of the administration.

The internal labor regulations include the following sections:
1. General Provisions.
2. The procedure for the reception and dismissal of employees.
3. The main responsibilities of employees.
4. The main responsibilities of the administration.
5. Working hours and its use.
6. Promotions for success in work.
7. Responsibility for violation of labor discipline.
8. The rules are drawn up taking into account the current regulatory legal acts.
* In some industries (railway transport, communication, civil aviation, etc.) there are special charters about Dis-Tsipline workers.

Typical Rules of Internal Labor Regulations

Name argue
organizations Head of the Organization
_________________AND ABOUT. Surname
(Personal signature)

Place of compilation ___ ___________ 200__

Internal Labor Rules

1. General Provisions

1.1. The rules of the internal labor regulation are aimed at promoting the strengthening of labor discipline, the rational use of working time, achieving high quality of work, improving labor productivity and education for employees of responsibility for the results of the organization's work.
1.2. These internal labor regulations on legal strength are a local regulatory act.
1.3. These rules are required to fulfill all employees of the organization.
1.4. These rules are brought to each employee of the organization.

2. The procedure for admission to work

2.1. Acceptance of work in the organization is made through the conclusion of an employment contract. The right to sign an employment contract belongs to the head of the organization. Receiving a job is issued by an order for the personnel, which is announced by the employee under the painting at a 3-day period from the date of the start of work.
2.2. When admission to work, the employee is obliged to present the following documents:
· employment history;
· Military accounting documents - for military-ridden and persons subject to military service;
· passport;
· Insurance certificate of state pension insurance;
· Documents on education (when taking a job requiring special knowledge).
2.3. When admission to work (before the signing of an employment contract), the employee meets the painting with a collective agreement and with local regulatory acts directly related to the employment of the employee:
· With these Internal Labor Regulations;
· With the job instruction (the second copy receives in hand);
· With the norms of industrial sanitation and labor hygiene, fire safety and safety regulations;
· With the position of remuneration;
· With the Regulations on Commercial Secret.
2.4. When concluding an employment contract, it may provide for the test condition in order to verify the conformity of the employee entrusted to him:
· For ordinary workers - for a period of not more than 3 months;
· For company executives and their deputies, chief accountants and their deputies - for up to 6 months. The condition for the probationary period is indicated in the employment contract and an order for employment.
2.5. During the period of the test period for workers, the Labor Code of the Russian Federation is fully covered (Article 70 of the Labor Code of the Russian Federation).
2.6. In the unsatisfactory result of the test, the employer has the right to terminate the employment contract with the employee before the expiration of its term, warning it in writing no later than three days, indicating the reasons that served as the basis for this. Employer's decision The employee has the right to appeal in court.
2.7. If during the testing period the employee will come to the conclusion that the work proposed by him is not suitable for him, he has the right to terminate the employment contract on his own request, warning about this employer in writing in writing for three days.

3. Labor conditions

3.1. The duration of the working day is 8 hours, the duration of the working week is 40 hours. The duration of rest and nutrition time is 1 hour (from 13.00 to 14.00). Getting started - at 9.00, the end - at 18.00. Weekends: Saturday and Sunday.
3.2. The duration of the working day, directly preceding the non-working holiday day, decreases for one hour.
3.3. Wages of workers in connection with non-working holidays do not decrease.
3.4. Attraction to overtime works is made by the employer with the written consent of the employee in the law provided by law (Article 99 of the Labor Code of the Russian Federation) cases.
Overtime should not exceed four hours for each employee for two days in a row and 120 hours per year.
3.3. It is not allowed to attract for overtime works of pregnant women, workers under the age of eighteen years, other categories of workers in accordance with federal law. Attracting persons with disabilities, women with children under three years old, for overtime works is allowed from their written consent and provided that such works are not prohibited by him for health state in accordance with medical conclusion. At the same time, people with disabilities, women who have children under the age of three should be familiar with their right to refuse overtime work.
3.4. Overtime work is compensated by employees in accordance with the requirements of current legislation.
3.5. The employer organizes accounting for the arrival of workers in jobs and controls the execution by employees of the Internal Labor Regulations.
3.6. Annual primary paid vacation is provided to employees with a duration of 28 calendar days (Art. 115 of the Labor Code of the Russian Federation).
3.7. Vacation for the first year of work can be used after 6 months of work (Article 122 of the Labor Code of the Russian Federation).
The priority of vacationing is determined annually in accordance with the schedule of vacations approved by the employer, taking into account the opinion of the elected trade union body. The schedule of vacations is drawn up for each year until December 15 of the previous year and is brought to the attention of all employees of the organization.
The schedule of vacations is required both for the employer and for the employee. On the time of the beginning of vacation, the employee must be notified no later than two weeks before it began.
Separate categories of employees in cases provided for by federal laws, annual paid leave is provided by their desire at a convenient time for them.

4. Basic Employee Rights

4.1 Worker has the right to:
· Conclusion, change and termination of the employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws;
· Providing his work due to the employment contract;
· Workplace that meets the state regulatory requirements of labor protection and conditions provided for by the collective agreement;
· Timely and fully paid payroll in accordance with its qualifications, complexity of labor, the number and quality of work performed;
· Recreation provided by the establishment of a normal working time, abbreviated working time for individual professions and categories of workers, the provision of weekly weekend days, non-working holiday days paid annual holidays;
· Complete reliable information on working conditions and labor protection requirements;
· Professional training, retraining and improving their qualifications in the manner established by the Labor Code of the Russian Federation, other federal laws;
· Association, including the right to create trade unions and entry into them to protect their labor rights, freedoms and legitimate interests;
· Participation in the management of the organization in the established TK RF,
· Conducting collective bargaining and conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of a collective agreement, agreements;
· Protection of their labor rights, freedoms and legitimate interests by all the methods not prohibited by law;
· Resolution of individual and collective labor disputes, including the right to strike, in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
· Reimbursement of harm caused to him in connection with the execution of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;
· Compulsory social insurance in cases provided for by federal laws.

5. Basic Employer Rights

5.1 Employer has the right:
· To conclude, change and terminate labor contracts with employees in the manner and on the conditions established by the Labor Code of the Russian Federation, other federal laws;
· Keep collective negotiations and conclude collective agreements;
· Encourage workers for conscientious effective work;
· Require employees with their work duties and careful attitudes to the property of the employer and other employees, compliance with the rules of the organization's internal labor regulations;
· Attract workers to disciplinary and material liability in the manner established by the Labor Code of the Russian Federation, other federal laws;
· Take local regulations;
· Creating unification of employers for the purpose of representation and protect their interests and join them.

6. The main responsibilities of the employer

6.1. The employer is obliged to in a timely manner and accurately identify and adjust the main activities of the employee, rationally carry out the formulation of goals and objectives, to provide an employee with a permanent workplace, relevant sanitary standards, labor protection and safety standards, as well as information materials, documentation, equipment, communications and other information materials, documentation, equipment, communications Auxiliary accessories necessary to solve the tasks.
6.2. The need for vocational training and retraining of personnel for their own needs is determined by the employer. The employer conducts professional training, retraining, advanced training of employees, training to their second professions in the organization, and if necessary, in educational institutions of primary, secondary, higher professional and additional education under conditions and in the manner that are determined by a collective agreement, agreements, an employment contract. Forms of vocational training, retraining and advanced training of employees, the list of necessary professions and specialties are determined by the employer, taking into account the opinion of the representative body of workers.
In cases provided for by federal laws, other regulatory legal acts, the employer is obliged to increase employee skills, if it is a condition for executing certain types of activities.
6.3. Conduct individual work with employees, plan and implement the development of personnel career.
6.4. In a timely manner, to allow substantiated complaints and suggestions of employees, prevent the infringement of their personal and labor rights, to ensure the permission of the urgent social and domestic problems of personnel in accordance with the financial and economic possibilities of the organization and the personal contribution of each employee to the organization's activities.
6.5. Provide all benefits and guarantees in accordance with the Labor Code of the Russian Federation.

7. The main responsibilities of the employee

7.1. In conscientiously to fulfill its work duties assigned to his employment contract.
7.2. Comply with these Internal Labor Regulations.
7.3. It is carefully related to the property of the organization, including the office equipment and equipment that is in its use, to use the equipment is correct and intended.
7.4. Take care of entrusted documentation.
7.5. Not to disclose those who have become famous in connection with the work in the organization information related to commercial mystery.
7.6. Comply with the requirements of fire safety, protection and hygiene, industrial sanitation.

8. Promotions for success in work

8.1. For conscientious performance of official duties and the achievement of concrete results in the work, an increase in labor productivity, innovation and other achievements in the work, contributing to the effective commercial activities of the organization, employees are encouraged:
· Announcement of gratitude;
· Awarding a valuable gift.
8.2. Promotions are issued by order and declare employee and the team.
8.3. For high indicators and a significant personal contribution to the development of the organization, manifested business, professional qualities and abilities of employees are encouraged by a personal increase in official salaries, nomination for higher positions and other types of promotions that increase the social security and security of employees and their family members.

9. Responsibility for omission in the work and disruption of labor discipline

9.1. Violations of labor discipline, i.e., non-performance or improper performance of the employee entrusted to it the duties entail the disciplinary responsibility of the employee.
For violations of work discipline (Article 192 of the Labor Code of the Russian Federation):
1) Note;
2) reprimand;
3) dismissal on appropriate grounds (Art. 81 of the Labor Code of the Russian Federation).
9.2. An employee who has committed a violation of labor discipline is obliged to provide explanations in writing on the fact of violation. If an employee's refusal from a written explanation by his immediate leaders, together with representatives of the personnel management department, an act is drawn up (Article 193 of the Labor Code of the Russian Federation).
9.3. Disciplinary recovery is issued by order and communicates to the employee (under the painting). In the event of a refusal of an employee to sign an order compiled an appropriate act (art. 193 of the Labor Code of the Russian Federation).
9.4. Disciplinary recovery is applied directly for misconduct detection, but no later than one month from the date of its detection (Article 193 of the Labor Code of the Russian Federation).
9.5. For each violation of labor discipline, only one disciplinary penalty (Article 193 of the Labor Code of the Russian Federation) can be applied, which does not prevent the employee to attract a material responsibility for damage caused by the Administration (Art. 238 of the Labor Code of the Russian Federation).
9.6. The employer on his own initiative, at the request of the immediate leaders, the representative body of workers, at the request of the employee itself has the right before the expiration of the year from the date of the use of disciplinary recovery to remove the recovery of good work, performance and impeccable behavior (Article 194 of the Labor Code of the Russian Federation).
9.7. If, during the year, the employee will not be subjected to a new disciplinary recovery from the date of use of disciplinary recovery, then it is considered no disciplinary penalty (Article 194 of the Labor Code of the Russian Federation).

10. Changing the employment contract

10.1. By changing the conditions of the employment contract defined by the parties, including the transfer to another work, is allowed only to a written agreement of the parties to the employment contract, except for the cases provided for in the Labor Code of the Russian Federation.
10.2. In case, for reasons associated with a change in organizational or technological working conditions, the conditions defined by the parties cannot be saved, their change is allowed on the initiative of the employer, with the exception of changing the work function of the employee. On the introduction of these changes, the employee must be notified by the employer in writing at least two months before their introduction, unless otherwise provided by this TK RF.
10.3. In the case of the production need, the employer has the right to translate an employee for a period of up to one month to the work that is not affected by the employment contract in the same organization with the payment of work on the work performed, but not lower than the average earnings for the previous work.

11. Grounds of termination of the employment contract

11.1. The proceedings of the employment contract is possible only on the grounds provided for by the Labor Code of the Russian Federation.
11.2. The worker has the right to terminate the employment contract concluded indefinitely, warning his employer in writing in writing in two weeks. By agreement between the employee and the employer, the employment contract may be terminated on the term that the employee asks.
11.3. The proceeding of the employment contract is issued by the order with which the employee is becoming acquainted.
11.4. The last dismissal is the last day of work. On the day of dismissal, the employer gives an employee an employment record and makes a final calculation with him.

Head of Kadrova _________________ о. Surname
services (personal signature)

It is limited to the use of labor of women in heavy work and work with harmful and (or) hazardous working conditions, as well as on underground work, with the exception of non-physical work or work on sanitary and domestic services.

It is prohibited to use women's work on the work related to the rise and movement by manually, exceeding the maximum valid for them.

Lists of industries, works, professions and positions with harmful and (or) hazardous working conditions, on which the use of women's work is limited, and maximum permissible rules of loads for women when lifting and moving weights are arranged in the manner prescribed by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Socio-Labor Relations.

Pregnant women in accordance with medical conclusion and according to their application, the standards of development, service standards or these women are transferred to another work, eliminating the impact of adverse production factors, while maintaining the average earnings for the same work.

Before addressing the issue of providing a pregnant woman to another work, excluding the impact of adverse production factors, it is subject to exemption from working with the preservation of the average earnings for all missed due to this working days at the expense of the employer's funds.

When passing a mandatory dispensary examination in medical institutions for pregnant women, medium earnings are maintained at the place of work.

Women who have children under the age of one and a half years, in case of the impossibility of performing the previous work, they are transferred to their statement to another work while maintaining the average earnings in the same work until the age of one and a half years have achieved.

Women on their application and in accordance with medical conclusions are given pregnancy and childbirth leave. Their duration 70 (in the case of multiple pregnancy - 84) calendar days before delivery and 70 (in the case of complicated clans - 86, at the birth of two or more children - 110) calendar days after delivery with the payment of public social insurance benefits in the amount established by law.

Pregnancy and childbirth is calculated in total and is provided to a woman completely regardless of the number of days actually used by it before delivery.

According to the application of a woman, she is given a childcare leave until they reach the age of three years. The procedure and terms of payment of benefits for state social insurance during the period of this vacation are determined by federal law.

Child care leave can be used entirely or in parts also by the father of the child, grandmother, grandfather, another relative or guardian who actually carries out child care.

According to a woman or persons listed in part of this article, while on parental care leaves, they can work on part-time working conditions or at home while preserving the right to receive public social insurance benefits.

For a period of childcare leave for the employee, the place of work is maintained (position).

Child care leave is counted in general and continuous work experience, as well as in work experience in the specialty (except for the applications of the pension on preferential terms).

Women who adopted the child, at their request, instead of vacation specified in the first paragraph of this article, is given a pregnancy and childbirth leave for the period from the date of adoption of the child and before the expiration of 70 calendar days, and with the simultaneous adoption of two or more children - 110 calendar days from day of their birth.

The procedure for granting these leave, ensuring the preservation of adoption secrets, is established by the Government of the Russian Federation.

Working women with children under the age of one and a half years are provided in addition to a break for recreation and nutritional interruptions for feeding the child (children) at least every three hours of continuous operation of at least 30 minutes each.

If there is a working woman in two or more children under the age of one and a half years, the duration of a break for feeding is set at least one hour.
According to a woman, breaks for feeding a child (children) join the break for recreation and nutrition either in summarized form are transferred both at the beginning and at the end of the working day (working shift) with its corresponding (its) reduction.

Breaks for feeding a child (children) are included during working hours and are subject to payment in the amount of average earnings.

Prohibited direction in official business trips, attracting for overtime work, work at night, weekends and non-working holidays of pregnant women.

Direction to office business trips, attracting overtime, work at night, weekends and non-working holidays of women with children under three years old are allowed only with their written consent and provided that it is not prohibited by medical recommendations. At the same time, women with children under the age of three should be familiarized in writing with their right to refuse to send a business trip, bringing to overtime work, work at night, weekends and non-working holidays.

Before maternity leave or immediately after it, or at the end of the childcare leave, an annual paid vacation is provided regardless of its wishes, regardless of work experience in this organization.

The termination of the employment contract on the initiative of the employer with pregnant women is not allowed, with the exception of the liquidation of the organization.

In case of an expiration of an urgent employment contract during the pregnancy period, the employer is obliged to extend the term of employment contract before she has the right to pregnancy and childbirth.

Termination of an employment contract with women with children under three years old, single mothers raising a child under the age of fourteen (a child-disabled child to eighteen), on the initiative of the employer is not allowed.

It is prohibited to apply the labor of persons under the age of eighteen years to work with harmful and (or) dangerous working conditions. Also on underground work, on the work, the implementation of which can harm their health and moral development (gambling business, work in night cabaret and clubs, production, transportation and trade in alcoholic beverages, tobacco, drug and toxic drugs).

Forbidden to carry and movement by employees under the age of eighteen years of gravity exceeding the limit norms established for them.

The list of works on which the use of workers' work is prohibited under the age of eighteen years, as well as limiting rules of weights are approved in the manner prescribed by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission on the regulation of socio-labor relations.

Persons under the age of eighteen years are accepted only after a preliminary compulsory medical examination and in the future, before reaching the age of eighteen years, they are subject to mandatory medical examination.

The envisaged medical examinations are carried out at the expense of the employer.

Annual main paid vacation to workers under the age of eighteen years is provided with a duration of 31 calendar day at a convenient time for them.

Forbidden the direction to the service business trips, attracting overtime work, work at night, on weekends and non-working holidays of workers under the age of eighteen years, with the exception of creative media workers, cinematography organizations, theaters, theater and concert organizations, circus and other Persons involved in the creation and (or) performance of works, professional athletes in accordance with the lists of professions established by the Government of the Russian Federation, taking into account the views of the Russian Tripartite Commission on the regulation of socio-labor relations.

The termination of the employment contract with workers under the age of eighteen at the initiative of the employer (except for the occasion of the liquidation of the organization) in addition to compliance with the general procedure is allowed only with the consent of the relevant state labor inspection and the commission on juvenile affairs and the protection of their rights.

For workers under the age of eighteen years, the rules of development are established on the basis of the general rules of production in proportion to the reduced working hours established for these workers.

For workers under the age of eighteen years arrived at work after the end of general education institutions and general educational institutions of primary vocational education, as well as undergoing professional training in production, in cases and manner that are established by laws and other regulatory legal acts, reduced production standards may be approved.

With time-free wages, salary to employees under the age of eighteen years is paid taking into account the abbreviated duration of work. The employer can at the expense of its own funds to produce their surcharges to the level of remuneration of employees of the relevant categories in full duration of daily work.

The work of workers under the age of eighteen years, admitted to piecework work, is paid on the established piece of contract prices. The employer can establish them at the expense of its own funds to the tariff rate for the time that the duration of their daily work is reduced.

The remuneration of workers under the age of eighteen years old, educational institutions, educational institutions of primary, secondary and higher professional education and working in their free time, is produced in proportion to spent time or depending on the development. The employer can establish these employees to pay payments at their own expense.

One of the main directions of state policy in the field of labor protection is the provision of benefits and compensation workers for heavy work and work with harmful or hazardous working conditions.

This is enshrined by the laws of the Russian Federation on labor protection and the Labor Code.

Employees are provided with the following benefits and compensation:

· For workers employed in works with harmful working conditions, the abbreviated duration of working time is established - no more than 36 hours per week;
· Employees engaged in work with harmful working conditions are provided annual additional leave.

On work with harmful working conditions, as well as on the works produced in special temperature conditions or contamination associated with pollution, employees are issued for free on established standards Special clothing, special shoes and other personal protective equipment;

on the work with harmful working conditions, employees are issued free of charge for established norms of milk or other equivalent foods. Enterprises independently decide all issues related to the free issuance of workers and employees of milk or other equivalent foods.

Salary - a system of relations related to ensuring the establishment and implementation of the employer payments to employees for their work in accordance with the laws, other regulatory legal acts, collective agreements, agreements, local regulatory acts and employment contracts.

Wage - Remuneration for labor, depending on the qualifications of the employee, complexity, quantity, quality and conditions of work performed, as well as payments of compensation and stimulating nature.

Minimal salary - Guaranteed by federal law the size of the monthly wage for the work of a unskilled worker who fully spent the time of working time when performing simple work in normal working conditions.

Tariff rate (salary) - Fixed wage of the employee for the performance of the labor standards (labor duties) of a certain complexity (qualifications) per unit of time.

Tariffice of work - assigning types of labor to tariff discharges or qualifying categories depending on the complexity of labor.

Tariff discharge - The value reflecting the complexity of labor and the qualifications of the employee.

Qualifying discharge - The value reflecting the level of professional training of an employee.

Tariff mesh - A combination of tariff sections of work (professions, posts), determined depending on the complexity of the works and qualification characteristics of employees with the help of tariff coefficients.

Tariff system - A set of standards with which the differentiation of wages of workers of various categories is carried out.

The remuneration of workers engaged in hard work, work with harmful, dangerous and other special working conditions is carried out in an increased amount.

In an increased amount, the work of workers employed in areas in areas with special climatic conditions is also paid.

The remuneration of workers engaged in heavy work, work with harmful and (or) hazardous and other special working conditions is established in an increased amount compared with tariff rates (salary) established for various types of work with normal working conditions. But not lower than the size established by laws and other regulatory legal acts.

The list of hard work, works with harmful and (or) dangerous and other special working conditions is determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission on the regulation of socio-labor relations. The increase in wages on the specified grounds is made according to the results of the certification of jobs.

Failure for work in areas in areas with special climatic conditions is made in the manner and size not lower than the laws and other regulatory legal acts.

When performing work in working conditions deviating from normal (when performing work of various qualifications, combining professions, work outside the normal duration of working time, at night, weekends and non-working holidays and others), the employee is produced by appropriate surcharges provided for by the collective agreement, Labor contract. Dimensions of surcharge cannot be lower than established by laws and other regulatory legal acts.

Social partnership - The system of relations between employees (representatives of employees), employers (representatives of employers), government bodies, local governments, aimed at ensuring the coordination of the interests of workers and employers on the regulation of labor relations and other, directly related relations.

Public authorities and local governments are parties to social partnerships in cases where they act as employers or their representatives authorized by the legislation or employers, as well as in other cases provided for by federal laws.

Collective agreement - legal act, regulating social and labor relations in the organization and enclosed by employees and the employer in the person of their representatives.

If it does not reach the consent between the parties to the individual provisions of the collective agreement project within three months from the date of the beginning of collective bargaining, the parties should sign a collective agreement on agreed conditions with simultaneous preparation of the disagreement protocol.

Unregulated disagreements may be subject to further collective bargaining or permitting in accordance with the Labor Code, other federal laws.

A collective agreement may be in the organization as a whole, in its branches, representative offices and other separate structural units.

When concluding a collective agreement in a branch, representation, another separate structural division of the organization, the head of the employer is the head of the relevant unit authorized to this by the employer.

The collective agreement may include mutual commitments of employees and employer on the following issues:
· Forms and amount of remuneration;
· Payment of benefits, compensation;
· The mechanism for regulating wages taking into account the increase in prices, the level of inflation, the performance of indicators determined by the collective agreement;
· Employment, retraining, conditions for the release of employees;
· Working hours and rest time, including issues of granting and duration of vacations;
· Improving the conditions and safety of workers, including women and young people;
· Compliance with the interests of employees in the privatization of an organization, departmental housing;
· Ecological safety and health of workers in production;
· Guarantees and benefits to employees who combine work with training;
· Health and recreation of workers and their family members;
· Control over the implementation of the collective agreement, the procedure for making changes and additions, the responsibility of the parties, ensuring the normal conditions of the activities of representatives of employees;
· Refusal of strikes in the implementation of the appropriate conditions of the collective agreement;
· Other questions defined by the parties.

In the collective agreement, taking into account the financial and economic situation of the employer, benefits and benefits for workers, working conditions, more favorable legal acts, and agreements may be established.

The collective agreement includes regulations if the laws and other regulatory legal acts contain a direct assignment on the mandatory consolidation of these provisions in the collective agreement.

Persons representing the employer either representing employees responsible in violation or non-fulfillment of the obligations provided for by the collective agreement, the agreement, are fined in the amount of and the procedure that are established by federal law.

Control questions:

1. Name the basic concepts of labor law.
2. List international labor organizations regulating labor relations.
3 Give the definition of forced labor.
4. How does state regulation of socio-labor relations occur?
5. List the provisions of the employment contract.
6. How is the temporary translation to another work on production need?
7. What is the procedure for termination of the employment contract on the initiative of the employee?
8. Name the types of disciplinary penalties.
9. What are the benefits and compensation for heavy work?
10. What is the responsibility of the parties for violation of labor legislation?
11.Collective contract: its content and structure; The procedure and conditions of conclusion.
12. Name the labor disputes.