"The woman is created for a man, not a man for a woman" - such a postulate ...
Today, February 1, 2017, a rather significant date. Exactly 15 years ago, the Labor Code of the Russian Federation was put into effect. To the question: "When the Labor Code of the Russian Federation was adopted," we are responsible for which it was accepted on December 30, 2001, on the basis of Art. The 420 Tk of the Russian Federation was introduced from February 1, 2002.
The Labor Code of the Russian Federation came to replace the Code of Labor Law on the Russian Federation, which was adopted in the last month of 1971. So the current code is still young enough compared to its predecessor. Interestingly, the last change in the KZOT RF has been made literally a week before the entry into force of the new Code. Based on the decision of the Constitutional Court of the Russian Federation, some rules were recognized as inappropriate to the Constitution.
What was the new Labor Code adopted?
The Code of Labor Code of the Russian Federation was adopted during the Soviet Union. And therefore, he did not meet the requirements of the real market economy, and the Constitution of the Russian Federation, among other things.
After 15 years, the actions of the Labor Code of the Russian Federation can be said that he was adopted in a very "cheese" form, as evidenced by the poor amendments and changes. I often remember times when there were no reference legal systems, the Internet and all changes and additions, we usually pasted directly into the paper instance of the Code.
In my opinion, the Labor Code of the Russian Federation was adopted as a certain compromise decision to consolidate the rights of workers and employers. At the same time, despite the fact that I fully support the workers first, it was at the employers that the current labor code took the magnificent burden of various guarantees and compensations, which often make an economically unprofitable game by the rules. And this leads to ignoring the conclusion of employment contracts, gray salary and so on.
It may not be necessary to communicate with the entry into force in 2002 of the Labor Code of the Russian Federation, but there was a clear bundle in our country. I do not mean the oligarchs and workers at the factories. I want to say about ordinary employees who have become "civil servants", "municipal employees" and simply "state employees." The wage rupture, various guarantees and compensation for workers, for example, the social sphere is very large. Performing one and their work. People have a very different standard of living and the higher the higher the employee in the steps of the state or municipal service.
Output
Now you know when the Labor Code of the Russian Federation was adopted than it was caused. In my opinion, in society today it has become a need not to adopt a new law on labor, no. It is necessary to implement the basic principles of the already operating Labor Code, namely:
- equality of the rights and opportunities of workers;
- ensuring the right of each employee to pay fair wages providing a worthy existence of his family itself.
Labor Code of the Russian Federation - Codified Legislative Act (Code) on Labor, Federal Law No. 197-FZ dated December 30, 2001. It was put into effect from February 1, 2002 instead of the Code of Labor Code of Labor RSFSR (KZOT RSFSR) from 1971. The Code determines the labor relations between employees and employers and has priority to other adopted federal laws related to labor relations, with decrees of the President of the Russian Federation, the regulations of the Government of the Russian Federation, etc.
The Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates the issues of labor protection, profric, retraining and advanced training, employment, social partnership. The rules for payment and laboring, the procedure for resolving labor disputes are enshrined. Individual chapters are devoted to the peculiarities of legal regulation of the labor of certain categories of citizens (minors, teachers, coaches and athletes, homasics, watchwickers, etc.).
Sections of the Labor Code of the Russian Federation
- Section I. General
- Section II. Social partnership in the field of labor
- Section III. Labor contract
- Section IV. Working time
- Section V. Rest Time
- Section VI. Pay and standardization of labor
- Section VII. Guarantees and compensation
- Section VIII. Labor regulation, discipline of labor
- Section IX. Professional training, retraining and advanced training of employees
- Section X. Labor protection
- Section XI. Material responsibility of the parties to the employment contract
- Section XII. Features of labor regulation of individual categories of workers
- Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
- Section XIV. Final provisions
History
Code 1918
The first Russian code of labor laws was adopted by the Bolsheviks in 1918. The main task of the code was the regulation of the relationship between the workers and the employer.
The code introduced the following concepts:
- workers - Persons working for remuneration;
- remuneration for work - provided in the form of money, services (for example, the provision of accommodation for housing) or products (including food);
- living wage - the minimum reward for the work established for this locality;
- preliminary test - a certain period preceding the final reception for long-term work;
- normal working time - time set for the production of this work by the tariff position;
- seaming work - Continuous work, to perform which requires several workers shifts;
- overtime work - work in excess of normal working time, allowed in exceptional cases;
- holidays - set days in which work is not produced;
- output rate - established by the Commission and approved by the labor department, the volume of work produced under normal conditions during normal working time;
- labor Inspection - the body engaged in the protection of the life, health and labor of persons engaged in economic activities;
- labor distribution department - body engaged in accounting for the unemployed and providing jobs to them.
The following duties of workers were introduced in the first Code:
- labor service - the duty of every citizen of the RSFSR;
- personal employment history - a document with marks on the works received received by remuneration and benefits;
- the ability to attract to overtime works of adult male able-bodied population;
- performance of work of not less than established standards of production;
- compliance internal rules rules;
- message to the distribution department of the force and the trade union about the fact of replacement in the workplace of the worker, which left the workplace.
The following workers' rights were declared:
- right to work - the right to apply labor in its specialty and for the established remuneration;
- remuneration for labor not lower than the subsistence minimum;
- obtaining remuneration for work at least once every two weeks;
- the possibility of dismissal on their own (in fact, this right was eliminated by the need to substantiate the reason for the dismissal, which would arise the body of working self-government);
- the duration of the normal working time is not more than 8 day or 7 night hours per day.
- abbreviated working time for persons younger than 18 years;
- abbreviated working hours on grave and harmful works;
- lunch break;
- an additional break for breastfeeding;
- weekly continuous rest for at least 42 hours;
- abbreviated working day before the day of rest;
- annual leave;
- cash benefit and free medical care on the occasion of illness, pregnancy and childbirth;
- unemployment benefit in the amount of remuneration made perpetrators for labor according to its tariff, group and category;
- manual workers working not in specialty.
The code explicitly forbade the workers to work during annual leave and on holidays. When establishing the fact of such works from the worker, the remuneration obtained by him was held. It was also forbidden to obtain additional remuneration for the work besides for normal working hours and for overtime. It was forbidden to pay for an advance payment.
The following funds were introduced:
- Unemployed insurance fund;
- Local hospital box office.
After 4 years, in 1922 the Code was revised.
Code 1922
The second code was adopted by the M. Kalinin, People's Commissioner V. Schmidt, the Secretary of the Labor Commissioner V. Schmidt, the Secretary of the Russian Academy of Sciences, in November 1922. The new Code of 192 articles reflected in 1921 a course of new economic policy, as well as aspects of the work of citizens, many of which have been preserved so far.
Compared with the previous code, new concepts were introduced, such as:
- calculated book;
- output benefit;
The code set an 8-hour working day, a continuous rest, a duration of at least 42 hours, an annual regular paid 2-week vacation. Prohibited the exploitation of child labor (up to 16 years). For women, it was provided for exemption from work on time to childbirth and after childbirth: 6 weeks before and 6 weeks after - for workers of mental labor, 8 weeks - for physical labor workers; Additional (except dining) breaks for breastfeeding are also introduced.
A list of public holidays was established by the Code, and the concept of the professions of "office and mental labor" was introduced. There was no old-age pension, instead there was only "the right to social security during disabilities."
With some amendments, the Code acted nearly half a century.
Code of Proceedings of the Procedure of 1971 (KZOT)
In 1971, a new Code was adopted, which set the 41-hour working week, added new holidays and new benefits, including the right to leave for the care of the child before reaching it for 3 years with the preservation of the workplace. The new code was softer compared to the code
The Code determines the labor relations between employees and employers and has priority to other adopted federal laws related to labor relations, with decrees of the President of the Russian Federation, the regulations of the Government of the Russian Federation, etc.
The Labor Code of the Russian Federation, in particular, establishes the rights and obligations of the employee and the employer, regulates the issues of labor protection, profric, retraining and advanced training, employment, social partnership. The rules for payment and laboring, the procedure for resolving labor disputes are enshrined. Individual chapters are devoted to the peculiarities of legal regulation of the labor of certain categories of citizens (minors, teachers, coaches and athletes, homasics, watchwickers, etc.).
Encyclopedic YouTube.
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The first Russian code of labor laws was adopted by the Bolsheviks in 1918. The main task of the code was the regulation of the relationship between the workers and the employer.
The code introduced the following concepts:
- workers - Persons working for remuneration;
- remuneration for work - provided in the form of money, services (for example, the provision of accommodation for housing) or products (including food);
- living wage - the minimum reward for the work established for this locality;
- preliminary test - a certain period preceding the final reception for long-term work;
- normal working time - time set for the production of this work by the tariff position;
- seaming work - Continuous work, to perform which requires several workers shifts;
- overtime work - work in excess of normal working time, allowed in exceptional cases;
- holidays - set days in which work is not produced;
- output rate - established by the Commission and approved by the labor department, the volume of work produced under normal conditions during normal working time;
- labor Inspection - the body engaged in the protection of the life, health and labor of persons engaged in economic activities;
- labor distribution department - body engaged in accounting for the unemployed and providing jobs to them.
The following duties of workers were introduced in the first Code:
- labor service - the duty of every citizen of the RSFSR;
- personal employment history - a document with marks on the works received received by remuneration and benefits;
- the ability to attract to overtime works of adult male able-bodied population;
- performance of work of not less than established standards of production;
- compliance internal rules rules;
- message to the distribution department of the force and the trade union about the fact of replacement in the workplace of the worker, which left the workplace.
The following workers' rights were declared:
- right to work - the right to apply labor in its specialty and for the established remuneration;
- remuneration for labor not lower than the subsistence minimum;
- obtaining remuneration for work at least once every two weeks;
- the possibility of dismissal on their own (in fact, this right was eliminated by the need to substantiate the reason for the dismissal, which would arise the body of working self-government);
- the duration of the normal working time is not more than 8 day or 7 night hours per day.
- abbreviated working time for persons under 18 years old;
- abbreviated working hours on grave and harmful works;
- lunch break;
- an additional break for breastfeeding;
- weekly continuous rest for at least 42 hours;
- abbreviated working day before the day of rest;
- annual leave;
- cash benefit and free medical care on the occasion of illness, pregnancy and childbirth;
- unemployment benefit in the amount of remuneration made perpetrators for labor according to its tariff, group and category;
- manual workers working not in specialty.
The code explicitly forbade the workers to work during annual leave and on holidays, limited the duration of the working day of the day 8 hours during the daytime and the 7th hours - to the night (before that, according to the law of June 2, 1897, the working day was limited to 11.5 clock). When establishing the fact of such works from the worker, the remuneration obtained by him was held. It was also forbidden to obtain additional remuneration for the work besides for normal working hours and for overtime. It was forbidden to pay for an advance payment.
The following funds were introduced:
- Unemployed insurance fund;
- Local hospital box office.
After 4 years, in 1922 the Code was revised.
Code 1922
The second code was adopted by the M. Kalinin, People's Commissioner V. Schmidt, the Secretary of the Labor Commissioner V. Schmidt, the Secretary of the Russian Academy of Sciences, in November 1922. The new Code of 192 articles reflected in 1921 a course of new economic policy, as well as aspects of the work of citizens, many of which have been preserved so far.
Compared with the previous code, new concepts were introduced, such as:
- calculated book;
The code set an 8-hour working day, a continuous rest, a duration of at least 42 hours, an annual regular paid 2-week vacation. Prohibited the exploitation of child labor (up to 16 years). For women, it was provided for exemption from work on time to childbirth and after childbirth: 6 weeks before and 6 weeks after - for workers of mental labor, 8 weeks - for physical labor workers; Additional (except dining) breaks for breastfeeding are also introduced.
A list of public holidays was established by the Code, and the concept of the professions of "office and mental labor" was introduced. There was no old-age pension, instead there was only "the right to social security during disabilities."
With some amendments, the Code acted nearly half a century.
The relationship between the employee and the employer is governed by the Special Code of Rules, which are presented in the Labor Code of the Russian Federation. Federal Law 197, or the Labor Law in the Russian Federation, is a fundamental document along with federal laws of the Russian Federation. The conditions of working relationships change, which means there are also the normative legal acts that regulate them.
The Labor Code of the Russian Federation was adopted by the State Duma on December 21, 2001. Approval by the Federation Council received 5 days later, namely - December 26, 2001.
Consists of 6 parts, each of which includes several sections (14) divided by chapters (62).
So, the TK RF regulates:
- Basic provisions - goals and objectives.
- Principles governing labor relations.
- The basis of the emergence of such relations.
- Views of partnerships.
- Term, content and concept of employment contract.
- The age in which the contract is permitted.
- Situations in which working relationships should be discontinued.
- Working hours, its duration, situation, when the rights of employees are violated and an abnormal working day is established.
- Rest, his provision, punishment in case of violation of this right by the employer.
- Payload, minimum payment.
- Cases of compensation payments.
- Warranties to workers who combine their studies and work.
- Discipline, punishment in the case of a systematic violation of the working discipline.
- Protection of Labor (Find out what is new in the Russian Federation).
- Material responsibility of both sides of the treaty.
- The activities of individual categories of workers.
- Protection of the rights and freedom of workers.
- Participation of state bodies to resolve collective disputes at work and others.
The objectives of the current labor law of the Russian Federation are as follows:
- guarantee of labor rights and freedoms of citizens provided by the state;
- providing good working conditions;
- protection of workers' interests;
- protection of the rights of the employer and its interests.
The main task of the Labor Code of the Russian Federation is the creation of such legal conditions that would contribute to the achievement of the consent of the interests of both parties of working relations. Also, 197 FZ is aimed at regulating the legal relations of workers and employer, as well as relations on:
- organization of the workflow and the management of labor nuances;
- acceptance of an employee for office to the employer;
- professional, career growth in this employer;
- conclusion of collective contracts with workers;
- direct participation of employees and trade unions in ensuring decent conditions for employment;
- application of labor legislation in cases described in the FZ 197 itself;
- imposing material liability to the employee and the employer;
- control directly by the state application and fulfillment of all decisions of the Law on Labor Activities in the Russian Federation;
- definition and resolution of disagreements in the workplace;
- the provision of social insurance in cases described in the FZ 197.
The latest changes and the revision of the current work law was manufactured on July 1, 2017. The edition and changes made are regulated by the Federal Law on the introduction of the Labor Code of the Russian Federation at number 139.
Recent changes in the Law on Labor Activities in the Russian Federation
Due to the fact that the conditions for labor relations between the employee and the employer are changing, the current FZ changes. Thus, the latest changes in the Law on Labor Activities in the Russian Federation were produced 01. 07. 2017.
The changes touched the following articles:
Article 63.
In part of the second article 63 of the current TK of the Russian Federation, amendments were made regarding those who were 15 years old. Such has the right to conclude a contract and perform a light job that will not harm their health. Those who decided to continue their studies after the end of the general educational program can also work under the contract, but if it does not harm their education and the development of the program.
In part of the third part of Article 63 of the Labor Code of the Russian Federation, the conditions for the employment of persons who were 14 years old were described. With the consent of parents or guardians, they can enter into an official agreement with the employer. If they receive further education, they can work as posts that requires easy tasks and should not interfere with the assimilation of the program.
Article 92.
Part Four Article 92 sets out provisions on the work of persons who were not 18 years old. During the year, together with its training, they can occupy posts that they will take away from them more than half of the time they could spend on their studies.
Article 94.
The second part of the article is supplemented by provisions that persons whose age between 14 and 15 years can work under a contract for no more than 4 hours. In the previous version of the law, the number of hours was indicated since 15 years.
The third part of the article has made amendments to the labor of those who still receive a secondary or vocational education. If they expressed the desire to work, then by law, they are supposed to:
- 2.5 hours - age from 14 to 15 years;
- 4 hours - age from 16 to 18 years.
The main changes and amendments to the Law on Labor in the Russian Federation touched the work of minors. The state is allowed to officially work if the resolution of parents and guardianship authorities is given. Labor should be easy, and not exceed the desired number of hours.
Download 197 FZ.
All articles in the Labor Code of the Russian Federation describe the procedure for working, the conclusion of the contract and the procedure for working relations between the employer and the employee. Every day there is a violation of labor legislation, and citizens cannot protect themselves. To do this, you need to familiarize yourself with the provisions of labor law.
Each section of the Labor Law describes what rights and obligations have both parties to the workflow. When violating one of the sides of his duties, or when the authorities are abused by the authorities, it is punished according to the decrees. These may be fines, depending on the situation.
Each of the parties to the employment process bears material responsibility. In the event that the employee damaged the property of the employer, according to the law it will pay - a fine, or it will be deductions from the salary, deprivation of award, etc.
Such nuances are described in the Law on Labor, so it is invited to read more.
Download Labor Code in the new edition and with the latest changes can be
Labor Code of the Russian Federation - a set of labor laws, with the help of which labor relations are governed between employees and employers. With the help of these laws, basic rights and obligations involved in the labor process are established.
Using TCs are created optimal conditions for labor And there is an agreement in labor disputes according to the laws. TC guarantees employees the right to defense of dignity, social insurance, compensation for harm caused by the health of the employee in the process of labor.
The Labor Code of the Russian Federation was taken into force on 30.12. 2001 and has a designation 197-FZ. In the process of using a TC, as necessary, changes and additions are made to it associated with the new requirements of labor life. TC version 2016 consists of 424 articles posted in 62 chapters, 14 sections and 6 parts.
Who needs to know TK?
The main positions of the TC should understand, first of all, employees and employers.
Employees need to know the basic provisions of laws in order not to be deceived with financial payments stirred in their rights, including the right to rest.Employers should know the provisions of the Code in order to ensure all the rights of workers and avoid unnecessary confrontations and. At the same time, almost all the arising conflicts between the two parties involved in the labor process can be resolved using TC.
The main provisions of the TC must be represented by young people who only come into labor activity. Knowing your rights and duties described in TC, they will be able to properly appreciate the correctness of the employer.
The exact knowledge of the TC is necessary for those people who are often encountered with the practical application of the Code. This applies to employees of the personnel department, managers of enterprises and companies, labor protection department.
Thus, with the help of the Labor Code of the Russian Federation, the entire spectrum of relationships that exist in the process of work is governed.
Brief history of labor legislation in Russia
For the first time, the Labor Code was adopted in France in 1910. In Russia, labor legislation was introduced in 1918 in the form of the code of labor laws (KZOT). This chat with changes and additions acted down until the adoption of the new TK RF.
Comparison of TK and Kzot
Compared to the LCD, the TC has the following main differences:
- the TC contains 424 articles, while there were only 225 articles in KzOT. This indicates the extensions of the borders of the action of labor laws;
- TK is focused on market relations in the country, the diversity of ownership forms, the adoption of labor resources as a product, while KZOT was calculated for regulated labor;
- The TC regulates all the variety of labor relations without reference to some subtitle acts. In KZOT on issues related to market relations were references in other laws;
- the TC is given a minimum set of rights and obligations for workers and employers, which gives a wide space for the conditions of a real employment agreement. By kzot, all employers and workers had the same set of rights and obligations;
- the new concept of "Social Partnership" has been introduced into the TC. Thus, the contractual nature of labor and equality (partnership) of employees and employers is declared;
- for TC, when you have access to work, a compulsory written work agreement is required. According to KZOT, such a confirmation is optional - it was enough to go to work.
What you need to know an employee and employer
Sections of the Labor Code
Tk of the Russian Federation consists of 6 parts.
First part
Deals the basics of labor legislation, the concepts, principles and objectives of the Code. It introduced articles related to the prohibition of discrimination of labor activity, forced labor, the delimitation of powers on labor between various branches of power, as well as the priority of the TC before other labor laws.In this section, the general concept of an employee and an employer is given, the definition of discrimination of labor activities and forced labor is given. At the same time, the concept of forced labor in the TC has a wider interpretation than in the ILO Convention. In TC to forced labor, there are also cases when the employer does not fully pay or causes the employee to work in a danger to his life or health.
In art. 20 The concepts of the employee and the employer are defined. The worker is a person who has entered into labor relations with the employer. An employer may be either.
The second part of
Relations are considered in the field of labor as social partnership. The basic concepts and principles of social partnership are given. At the same time, the social partnership is understood as a system that determines the relationship between employees, employers and authorities. This system must agree on the interests of the parties involved in the labor process.
Trade unions are recognized as representatives of employees in the TC, and representatives of the employer are managers of enterprises or other authorized persons.
The third part
Deals with the employment contract, which is the main tool of labor relations and regulates them from concluding to the termination of the contract.The concept of an employment contract includes the obligations of the employer and employee.
The employer is obliged to ensure that employment actions and pay salary, and the employee must work and abide by discipline.
This part of the TC considers the issues of imprisonment, changes and termination of the employment contract. It also introduced the concept of employee personal data, which the employer is obliged to defend.
In the fourth section, the 3rd parts of the TC, the concept is introduced and various options for its use are considered. In accordance with the TC, working time is the execution time by the employee of its employment duties in accordance with the employment contract.
The working time also includes some time periods related to working time according to the laws of the Russian Federation and the Labor Code of the Russian Federation. At the same time, normal working hours - 40 hours per week.
The 5th section of the third part of the TC is devoted to the concept of rest time, that is, time
, in which the employee is exempted from labor and in which he can rest.This section discusses various types of resting time - from lunch breaks. In particular, the employee must be given a break for no power for at least 30 minutes. A week should be provided depending on the duration of the working week 1 or 2 days of rest.
Each employee must be granted annual leave with payment of 28 days.
Section 6 TC is dedicated to normalization and wages. The concept of wages is introduced, which is a remuneration for labor, depending on the complexity of the work, the employee qualifications. In addition, the salary may include compensation and.
In the same part, various wage systems and its rationing are described.
Fourth part
The employment relationships of some categories of workers, such as teenagers, leaders, part-time, seasonal workers, watches are considered here. The categories of the type of homers, remote workers, persons working in the conditions of the Far North and other categories of workers are also considered.
Fifth part
Deals with the protection of labor rights and freedoms, the consideration of labor disputes, including with the participation of trade unions.
Sixth part
In the final part of the TC, the procedure and deadlines for the introduction of this Code are given.
