What are the objects of legal regulation of labor law. The subject of labor law is relationships. The subject of labor law. General characteristics of social relations included in the subject of labor law

Item labor law - these are social relations regulated by its norms. Labor law regulates a complex of social relations:

• 1) labor Relations arising between the employer and the employee in connection with the conclusion of an employment contract;
• 2) relations directly related to labor. In the current edition of the Labor Code of the Russian Federation, there are nine types of such relations; this relationship:
  • - on the organization of labor and labor management;
  • - employment with this employer;
  • - preparation and additional vocational education employees directly with this employer;
  • - social partnership, collective bargaining, collective bargaining and agreements;
  • - participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law;
  • - material liability of employers and employees in the labor sphere;
  • – state control(supervision), trade union control over compliance with labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms;
  • - permission labor disputes;
  • - compulsory social insurance.

For the first time, the Labor Code of the Russian Federation provides a legal definition of labor relations (Article 15).

Labor Relations- this is a relationship based on an agreement between the employee and the employer on the employee's personal performance for a fee of the labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee), the employee's submission to the internal labor regulations when providing the employer with working conditions provided for labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations, labor contracts.

This definition as a whole reflects all the necessary signs and distinctive features of an employment relationship:

• - it arises between the employee and the employer. The essence of this feature lies in the fact that the subjects of the relationship are not equal to each other, first of all, in material terms, since almost always the employee is economically more weak side employment contract, although legally equal at its conclusion. Subsequently, when performing the labor function, the employee is subject to the so-called master's authority of the employer;
• - the employee personally performs labor function... Work performed within the framework of an employment relationship is always personal, in contrast to civil law relationships that allow representation;
• - the employee is subject to the internal regulations established by the employer. The existence of internal labor regulations, which the employee must strictly follow when performing work, is the first element of the employer's “master's power” implementation, the possibility of disciplinary punishment for their violation is its second element. The need for this condition, a feature in labor relations, is associated with the fact that the fulfillment of the labor function is carried out by the employee, on the one hand, personally, on the other hand, in a cooperative environment, i.e. joint, labor. In civil law relations, the performer independently regulates his activities;
• - the employee receives a salary for his work. The specificity of the considered usual, in general, the principle of retribution in commodity-money relations in labor law is, firstly, in the regularity of payments wages, secondly, in the obligation to pay it, regardless of the result of the employee's performance of the labor function.

Understanding these signs of an employment relationship has not only theoretical, but also a purely practical orientation, since it allows them to be distinguished from civil law relations. In practice, there are often cases of drawing up a civil law contract (contract, repayable rendering services, etc.) in the presence of an actual employment relationship. In the Labor Code of the Russian Federation, such a situation is provided for by Part 4 of Art. 11, according to which, if a relationship related to the use of personal labor arose on the basis of a civil law contract, but was subsequently recognized as an employment relationship, the provisions of labor legislation apply to such relationships. From this follows an urgent need to have a clear idea of ​​the specific features of social relations, which will allow them to be identified as labor relations.

Social relations directly related to labor relations are included in the subject of labor law insofar as there is a labor relation itself, without which the existence of "these (derived) relations would be meaningless or even impossible." NG Aleksandrov proposed a classification of the relations under consideration, which is still relevant today. The time criterion is used as the basis for identifying groups of relations:

• - relationships preceding labor;
• - relationships that exist simultaneously with labor;
• - relationships that replace labor relationships.

If we analyze the above list of relations directly related to labor, then we can conclude that only a few of them can be attributed to only one of the groups, while the majority can be included in two or even all three groups. For example, a relationship for the resolution of labor disputes may precede an employment relationship, since according to Part 2 of Art. 381 of the Labor Code of the Russian Federation, an individual labor dispute is recognized, among other things, a dispute between an employer and a person who has expressed a desire to conclude labor contract with the employer, if the employer refuses to conclude such an agreement. Also, this type of relationship can exist simultaneously with labor, in the case when an employee during the period of employment with a given employer appeals, say, his transfer to another job. Labor dispute resolution often follows labor relations, for example, when an employee challenges his or her dismissal from work in court.

Considering the issue of the list and composition of relations directly related to labor, included in the subject of labor law, it should be noted that it is debatable. The list of relations given in Part 1 of Art. 1 of the Labor Code of the Russian Federation, is approximate, in it there is always a single logic of including certain relations in it. For example, the grounds for separating into a separate group of relations based on material responsibility of employers and employees in the labor sphere and not separating relations on disciplinary responsibility are not quite clear.

Also, a number of researchers have questions about the relations on compulsory social insurance included in 2006. As pointed out, for example, A. M. Lushnikov and M. V. Lushnikova, “it is obvious that these relations are included in the subject of law social security» .

What social relations are the subject of labor law?

Labor law is a branch of law that regulates labor relations between employees and employers.

The definition of the subject of labor law is associated with the general theoretical problem of establishing the criteria for the formation of a system of national law. Its essence, as you know, is that the legal norms that make up the law, despite their qualitative originality, are interconnected and form an integral system... Moreover, the character of this connection is characterized by signs of unity and internal consistency.

The general theory of law identifies a number of system-forming factors that determine the consistency and internal unity of legal norms, which allow them to be classified into certain groups, elements, components of the system. These elements are defined as branches (sub-branches) and institutions of law.

In legal science there is no unity of views on the principles of building a system of law, i.e. grounds for differentiation of legal norms into industries and institutions. However, at present, the position dominates according to which the subject and method are recognized as the main criteria for such differentiation. legal regulation.

The subject of legal regulation is understood as qualitatively homogeneous groups of social relations that are the subject of regulation of legal norms. Consequently, in order to determine the subject of a particular branch of law, it is necessary to establish which circle of social relations is subject to legal regulation.

Each branch of law has its own subject of legal regulation. The objectively evolving diverse social relations have common features, since they are social ties to meet the various interests and needs of people and their collectives, which ensure the life of society. At the same time, they are also characterized by differences due to the content and nature of these social ties. Relatively isolated groups of social relations, possessing stable differences and homogeneous properties, and form the subject of legal regulation of a certain branch of law.

To isolate the corresponding group of legal norms as a branch of law, another important system-forming factor is needed - the method of legal regulation. The method of legal regulation is considered as a way of influencing the participants of these social relations, conditioned by the nature of the corresponding group of social relations (the subject of legal regulation). Moreover, each large group legal norms for its recognition as a branch of law should be manifested by the presence of its own method of legal regulation.

Hence, the branch of law can be defined as a set of objectively separate interconnected legal norms that regulate specific method a wide range of social relations with internal unity, qualitatively homogeneous properties.

Therefore, in order to accurately determine the range of legal norms that make up the relevant branch of law, it is necessary to analyze the content of social relations regulated by these norms, establish their relationship and signs of homogeneity, and also identify the specifics of the method of legal regulation.

The named scientific approaches also apply to the definition of the subject of the branch of labor law.

Determination of the subject of labor law is of a certain difficulty, since numerous social relations are hardly connected, any sphere human activity... Meanwhile, only a part of these relations is related to the subject of labor law, namely, those that develop about the use of labor. Their subject is the labor process itself, its organization and conditions.

The sphere of labor law does not include relations in which the process of labor activity itself acts as a means of implementing certain contractual obligations of a property or other nature - contractual contractual relations, commissions, etc. These relations relate to the subject of civil law and differ significantly legal form regulation. They do not regulate the procedure for organizing and carrying out labor activities to fulfill the contract, since the final result of labor is important here. They are not carried out on an ongoing basis and end with the deadline for fulfilling contractual obligations, achieving the goals of the agreement. Moreover, the employee, in the process of performing work, organizes his work himself, ensures its safety, etc.

The subject of labor law answers the question of what this industry regulates, what types of social relations for labor, more precisely, in what types of social relations for labor, people's behavior is regulated by labor legislation. The social organization of labor depends on the economic and political basis of a given society. This basis also determines the relations of workers with employers in terms of labor in production, which are called labor relations. The subject of labor law is labor relations in public organization labor and other directly related relations, that is, a complex of social relations for labor in production. In this complex - nine groups of social relations, among which labor are the leading, decisive. All others are derivatives, but directly related relations that are part of the subject of this industry, occupy a subordinate position in comparison with labor. Labor relations are central to the subject of labor law (hence the name of the branch "Labor Law"). Nowadays, the new Labor Code has filled in many gaps in the 1971 Labor Code that has gone down in history, giving the concepts of various categories of this branch of law clearly developed by the science of labor law in law for almost all of its institutions, both General and Special parts of the industry.

Labor law gives the parties to labor relations and the relations directly related to them certain labor rights and obligations. And in real life all nine groups of social relations on labor, which are the subject of regulation by labor legislation, act in the form of appropriate legal relations with their subjects (parties) and their content.

Labor law regulates, as a rule, relations on collective work in the social organization of labor, where the labor function of each worker is a necessary component of the given cooperation of labor. And the employees of each given labor organization include all those who have concluded an employment contract with the owner of its property, that is, the employer, including and officials his administration, up to the sole or collegial leader.

The subject of labor law is the following nine social relations related to labor in production:

• 1) relations for the promotion of employment and employment with the given employer; labor law employer employment
• 2) the labor relations of the employee with the employer on the use and conditions of his work.

The main subject of labor relations is the work of an employee according to his labor function agreed with him, subject to the discipline of this organization. Labor relations exist for all employees who perform daily work personally in the general labor process in a given production and who are members of its labor collective... These relations express the volitional part of production relations, since they arise and cease at the will of the employee and the employer.

The new Labor Code has chapter 2 on labor relations. It gives not only the concept itself and the grounds for its occurrence, but also indicates the basic rights and obligations of the parties, which is the content of the employment relationship as already regulated by the law of the employment relationship. Therefore, here it is necessary to distinguish between the subject of law - the relationship and the relationship already regulated by law (that is, legal relationship). Of course, in real life there is no labor relationship not regulated by law. It always acts as a labor relationship. In Art. 1 of the Labor Code lists 8 other relations directly related to labor, which are also the subject of regulation of labor legislation;

• 3) relations on the organization of labor and labor management, participation in the management of the organization;
• 4) relations on social partnership, collective bargaining, collective bargaining and social partnership agreements;
• 5) relations on vocational training, retraining and advanced training of employees directly with this employer;
• 6) relations of supervisory and control bodies (Ros.trud.inspektsii, state specialized and trade union inspections, etc.) with the employer, the administration of production on issues of compliance with labor legislation and labor protection;
• 7) relations on the participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law;
• 8) relations on the material responsibility of the parties to the employment relationship for harm (damage) caused through the fault of one party to the other. These relationships can be of two types, depending on which party caused the harm: a) for the material liability of the employer for harm caused to the employee by a work injury or violation of his right to work, including for moral damage, and b) for the material responsibility of the employee, causing damage to the property of the employer. These relationships arise only for those employees who have caused damage or who have suffered harm. Most of the workers do not have them;
• 9) relations for the resolution of individual or collective labor disputes arising only for some employees and individual work collectives. When such a labor dispute arises, the second party to this relationship is the body resolving the dispute (the commission on labor disputes, court, etc.).

The leading of the listed relations are the labor relations of the employee with the employer (enterprise, organization). The remaining eight either precede labor (for employment) or always accompany them, and some may follow (for example, in labor disputes about dismissal). By their nature, the relations specified in clauses 3, 4, 5 are organizational and managerial, they always accompany labor relations, and those specified in clauses 6, 8, 9 are protective, aimed at ensuring compliance with labor legislation, labor protection and responsibility for their violation. In the Labor Code, they are defined as directly related to labor relations.

All relations of the subject of labor law arise among peak workers in connection with their labor relations, and therefore we say that the subject of labor law is the labor relations of workers in production and the other eight are directly related to them social relations.

Relations on state social insurance were previously included in the subject of the branch of labor law. Now they have been singled out as the subject of an independent new branch of law - social security law.

The subject of the branch of labor law as a system of relations regulated by the norms of labor law (the above-listed nine social relations on the work of an employee in production) must be distinguished from the subject of the science of labor law, training course... Their subject is the study of the very norms of labor legislation, not only Russian, but also international, as well as their history and teachings about legal relations in the sphere of labor law.

The subject of labor law. General characteristics of social relations included in the subject of labor law

Among the branches of modern Russian law, labor law occupies one of the leading places. It regulates social relations that develop in the course of the functioning of the labor market, the organization and use of hired labor. In their totality, these relations constitute subject of labor law of Russia.

Labor relations as a subject of labor law are characterized by the following specific features: firstly, these relations proceed in the conditions of an internal labor schedule, with the employee subordinating to the regulated conditions of joint activity; secondly, the employee is included in the labor collective of a particular organization; thirdly, the inclusion of an employee in the work collective is mediated by a special legal fact (labor agreement (contract), act of election to a position, etc.); fourthly, the content of labor relations is reduced to the performance by the employee of a certain type of work in accordance with his specialty, qualifications, position.

Speaking about labor relations as a subject of labor law, it should be borne in mind that in this case we are talking only about those of them that are based on hired labor. Labor relations based on independent labor (labor of owners), in accordance with the current legislation, are not included in the subject of labor law. This applies, in particular, to individual labor activities, the activities of entrepreneur-owners, labor corporations and partnerships that do not employ employees. For example, the work of a writer, scientist, inventor, if it is performed outside the social cooperation of labor, does not belong to the sphere of labor law. However, if the same work of a writer or scientist takes place in the labor collective of the editorial office of a journal or a scientific institution on the instructions of the administration within the framework of an employment contract (contract), then there are ordinary labor relations regulated by labor law, since they are based on hired labor. Due to the hired nature of the civil service, the labor relations of civil servants should also be attributed to the subject of labor law, however, service in the Armed Forces, the internal affairs bodies, border troops, counterintelligence and foreign intelligence does not apply to the subject of labor law, but constitutes the subject administrative law... Service in these bodies goes beyond labor relations and ordinary work. It is associated with the fulfillment of the state's defense function.

The system of social relations that make up the subject of labor law, in addition to the labor law itself, also includes relations that are closely related to them - they precede, accompany them, or follow from them. These are organizational and managerial relations in the world of work, employment relations, professional training and advanced training of personnel directly in production, supervision of labor protection and compliance with labor legislation, and the consideration of labor disputes (individual and collective).

general characteristics social relations included in the subject of labor law

The subject of labor law is the following social relations:

· Labor relations of the employee with the employer. ... Labor relationship - a relationship based on an agreement between the employee and the employer on the employee's personal performance for a fee of the labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee), the employee's submission to the internal labor regulations when the employer provides the working conditions stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, labor contracts Art. 15 of the Labor Code of the Russian Federation.

· Labor Organization and Labor Management Relationships ... As a rule, these relations develop in the process of organizing and managing labor between the employer, on the one hand, and the labor collective, or the trade union committee, on the other. They relate mainly to the establishment and application of working conditions in a specific organization, the improvement of material, everyday and cultural forms of service for workers, rational use funds of the organization, rationing and wages and other issues affecting the collective and individual interests of workers.

With regard to the main subject of labor law - labor relations, organizational and managerial relations play a service role: they are called upon to organize labor relations and manage them within the framework of a specific social cooperation of labor. Throughout the entire period of functioning of labor relations, organizational and managerial relations act as their companion and organizer. A typical type of organizational and managerial relations in the world of work are currently relations associated with the development, adoption and implementation of collective agreements and agreements (general, industry (tariff) and special). They operate in organizations, regardless of ownership, departmental affiliation and number of employees.

· Employment and employment relationship with a given employer. They arise in connection with the appeal of citizens to the bodies in charge of employment (bodies of the State Employment Service in the field), with a request to find them a suitable job. The existence of the system in Russia government agencies employment is designed to help citizens realize their constitutional right to work, especially in cases where they find themselves unemployed and experience difficulties in finding a job or receiving vocational training in a new specialty for them. As practice shows, it is mainly women and young people who need assistance in finding a job after graduation. general education schools, persons dismissed from organizations in connection with scientific and technological progress, bankruptcy, improvement of labor organization and management system.

Typically, an employment relationship precedes an employment relationship. At the same time, employment agencies usually perform intermediary functions between organizations in need of personnel and citizens who have expressed a desire to get a job in a certain specialty, qualification, position. To solve the main task - employment, the bodies of the state employment service have a data bank on the availability of vacancies and vacancies in the regions and in specific organizations.

· Relations on vocational training, retraining and advanced training of employees directly with this employer ... These relations arise in connection with the acquisition by citizens of working specialties in the course of individual, brigade or course apprenticeship, which usually precedes the period of their independent work, as well as in connection with the deepening of their professional skills by workers in refresher courses.

Being part of of the subject of labor law, these relations are not based on labor as such, but on training in a certain specialty and qualifications. Their goal is to prepare citizens for work as qualified workers through vocational training in production.

The emergence of relations on vocational training is associated with the conclusion of an agreement between a citizen and an organization, according to which the parties assume mutual obligations related to the process of vocational training. The duration of the relationship for professional training is limited to a certain period. Upon successful completion of training, citizens pass qualification exams, they are assigned the appropriate specialty and qualifications, after which they, on the basis of an order (order) of the employer, are enrolled in independent work and become full participants in labor relations.

· Social partnership relations, collective bargaining, collective bargaining and agreements ... Social partnership in the labor sphere is a system of relationships between employees (their representatives), employers (their representatives), government bodies, bodies local government aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them Art. 23 of the Labor Code of the Russian Federation .. Social partnership is carried out in the following forms:

- collective bargaining on the preparation of draft collective agreements, agreements and the conclusion of collective agreements, agreements;

- mutual consultations (negotiations) on the regulation of labor relations and other relations directly related to them, ensuring guarantees of the labor rights of workers and improving labor legislation and other regulatory legal acts containing labor law norms;

- participation of employees, their representatives in the management of the organization;

- participation of representatives of employees and employers in the resolution of labor disputes Art. 27 of the Labor Code of the Russian Federation ..

· Relations on the participation of employees and trade unions in the provision of working conditions and the application of labor legislation in cases provided for by law .

· Relationships associated with the material responsibility of employers and employees in the world of work ... This relationship is of a protective nature. Relationships may arise on the material liability of the employer to the employee or of the employee to the employer. Consequently, the party to the employment contract (employer or employee) that caused damage to the other party shall compensate this damage in accordance with the Labor Code and other federal laws.

· Relationship on supervision and control (including trade union) over the observance of labor legislation, including legislation on labor protection ... These relations are formed in the process of supervisory activities of the competent state bodies over the state of labor protection and compliance with labor legislation in organizations. In trade unions, the function of control and supervision is carried out by both general bodies (committees and councils of trade unions) and specialized (technical and legal inspection labor). General state supervision over the observance of labor legislation is carried out by the prosecutor's office. In the process of exercising the function of supervision over labor protection and observance of labor legislation, these bodies enter into legal relationship with organizations, entrepreneurs, officials from among the administration. Naturally, these relations do not develop by themselves, but in connection with the need for labor protection and the protection of workers' rights. The indicated protective relations therefore belong to the category of concomitant ones. However, these relationships often arise even before the enterprise goes into operation (for example, preventive supervision of labor protection at the stage of development and approval of a project, supervision at the stage of construction or reconstruction of an organization). In these cases, of course, supervisory relations are formed before the onset of labor relations and are of the nature of the preceding ones.

· Relationships for the resolution of individual and collective labor disputes ... They are formed in connection with the resolution in the labor dispute resolution bodies of unresolved disagreements regarding the application or establishment of the working conditions of workers. The participants in these relations are the disputing subjects (employee-employer; labor collective-employer), on the one hand, and the labor dispute settlement body, on the other.

Unlike other social relations that are the subject of labor law in Russia, these relations are procedural in nature, because they relate not to the material side of the dispute, but to the procedure for resolving it. According to the current labor legislation, individual labor disputes (employee-employer) are considered in labor dispute commissions (CCC), elected by the labor collectives of organizations, as well as in courts. Collective labor disputes (conflicts) are resolved by conciliation commissions, mediators and labor arbitration.

Thus, the subject of labor law in Russia is currently made up of two groups of social relations: 1) labor relations - the main element (core) of the subject; 2) other social relations, the existence of which is due to the inextricable connection with labor relations.

Labor law

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

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

Labor relations - relations based on an agreement between the employee and the employer on the employee's personal performance for a fee of the labor function (work but position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee), the employee's submission to the internal labor regulations when the employer provides the working conditions stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations, labor contracts (Article 15 of the Labor Code of the Russian Federation).

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

The method of labor law answers the question: how and in what ways, methods are legal regulation of labor carried out?

Methods of legal regulation of labor:

1. Combination of centralized and local, normative (legislative) and contractual regulation.

The centralized, legislative regulation of labor establishes only the minimum level of guarantees of labor rights, which cannot be reduced by contractual and local means, but can be increased and increased. Locally in production at the expense of own funds the level of guarantees established by law can be increased.

2. Contractual nature of labor and the establishment of its conditions.

An employment contract gives rise to an employee's labor relationship with an organization and establishes the necessary conditions for it.

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

3. Equality of the parties to labor contracts.

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

Employers also participate in the establishment and implementation of working conditions.

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

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

The unity of labor law is reflected in its general constitutional principles, in the unified basic labor rights and obligations of employees and employers (administration), in the general provisions of the Labor Code of the Russian Federation and labor legislation regulations that apply to the entire territory of Russia and to all employees, wherever and by whom they didn’t work.

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

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

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

The source of labor law is a form of expression of labor legislation in a certain normative act. Such normative acts may contain not only the norms of labor law, they can be complex, that is, contain the norms of various industries, including labor law, for example, the Constitution of the Russian Federation or the Law of the Russian Federation of 19.02.1993, No. 4520-1 "On state guarantees and compensations for persons working and living in the regions of the Far North and equivalent areas. "

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

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

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

The sources of labor law indirectly reflect the economic and political components of the life of our society, and with their change, the sources also change. Sources of law make up a certain system of legislation, which is a set of regulations, interrelated and located in a certain hierarchy.

The main classifications of sources of labor law

The basic classification of sources of labor law is their location in terms of legal force.

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

The Constitution of the Russian Federation;

federal constitutional laws of the Russian Federation;

international normative acts and treaties ratified by the Russian Federation;

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

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

Decrees of the President of the Russian Federation;

resolutions of the Government of the Russian Federation;

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

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

local government regulations;

local normative acts (Article 8 of the Labor Code of the Russian Federation), which in their main characteristics correspond to the sources of law, but have the smallest level of legal force, since they should not contradict the legislation, and have the smallest scope - a separate enterprise.

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

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

Speaking about individual sources, of course, it should be noted that the Constitution of the Russian Federation, adopted on December 12, 1993, occupies a special place. It has the highest legal force and direct effect on the entire territory of Russia.

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

In Art. 37 of the Constitution of the Russian Federation enshrined such basic labor rights as freedom of labor, the right to freely dispose of one's ability to work, choose an occupation and profession, the prohibition of forced labor, the right to work in conditions that meet safety and hygiene, the right to remuneration for work without any whatsoever discrimination and not lower than the state established minimum size wages; and the right to unemployment protection. The same Art. 37 of the Constitution enshrines the right to rest, to limit working hours by law, on weekends and holidays paid annual leave and the right to individual and collective labor disputes, including the right to strike.

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

Labor legislation is under the joint jurisdiction of the Russian Federation and its subjects (go, "k" clause 1 of article 72 of the Constitution), however, regulation and protection of human and civil rights and freedoms is referred to the jurisdiction of the Russian Federation (clause "c" of article 71 of the Constitution) ...

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

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

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

The Labor Code of the Russian Federation regulates the labor relations of all employees. The Labor Code presupposes the establishment high level working conditions and comprehensive protection of workers' labor rights.

In addition, such important laws as the Law of the Russian Federation "On Trade Unions, Their Rights and Guarantees of Activities", the Law of the Russian Federation "On Employment of the Population in the Russian Federation" and others continue to operate. The laws are in effect in the part that does not contradict the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation).

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

The President of the Russian Federation, in accordance with the Constitution and federal laws, determines the main directions of the domestic and foreign policy of the state, including in the field of legal regulation of labor. The President of the Russian Federation is the head of state. He has the right, by his orders and decrees, to suspend or cancel the normative acts of the Government of the Russian Federation and executive bodies in the event of their contradiction with the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation and international agreements RF.

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

Resolutions of the Government of the Russian Federation Resolutions of the Government of the Russian Federation as sources of labor law are issued in pursuance of the Constitution of the Russian Federation, federal laws, and regulatory decrees of the president. They are acts of the executive power, as a rule, issued with the aim of concretizing, clarifying and realizing the higher legal acts. A special place among government decrees is occupied by regulatory provisions adopted in accordance with the provisions of individual articles of the Labor Code of the Russian Federation (more than 60 references to the decrees of the Government of the Russian Federation are contained in the Labor Code of the Russian Federation).

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

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

Local regulations In the transition to market economy in the regulation of labor relations, local regulations are becoming increasingly important. Firstly, normative acts adopted in a centralized manner, as a rule, establish the initial general provisions that require or allow specification. Secondly, the administrative methods of economic management that prevailed in the Soviet period are a thing of the past, and enterprises are given a greater amount of rights and freedoms than before.

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

Other source classifications are generally accepted.

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

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

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

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

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

5. By industry: complex (the Constitution of the Russian Federation - contains the norms of different industries) and industry (the law on trade unions).

6. By the nature of the norms contained in them: there are general normative acts (Labor Code of the Russian Federation) and special ones (the Law "On the Police", the Law "On the State Civil Service in the Russian Federation").

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

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

The unity is reflected in the principles of legal regulation of labor that are common for all labor relations, in the normative acts common to all employees throughout Russia, that is, in the general labor legislation.

Differentiation (distinction) is reflected in special legislation, that is, in special labor law regulations and special norms in general acts. For example, special legislation regulates the work of police officers, prosecutors, customs officers, and special norms in general acts are chapters containing norms on the work of part-time workers (Chapter 44), seasonal workers(chap. 46), home workers (chap. 49), etc.

Special norms can provide additional guarantees to employees (norms-benefits), peculiarities of regulating the workload for workers of certain categories (norms-adaptation) can be established, and they can restrict certain rights, removing the powers of workers from the generally accepted list (norms-exemptions).

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

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

The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation often make decisions that influence the legal regulation of relations. These decisions and regulations are not sources of Russian law in the full sense of the word. Higher courts can decide on the constitutionality of a given normative act or generalize judicial practice and give their explanations aimed at a uniform understanding and application of the rule of law in the resolution of court cases. They oversee the enforcement of laws by the lower courts. If necessary supreme body The courts have the right to come up with a legislative initiative to the State Duma of the Russian Federation on amendments and additions to the current legislation. But they themselves are not authorized to issue legal norms.

Courts are guided in their practice primarily by the provisions of the Constitution and federal laws. In the resolutions of the Plenum The Supreme Court It is often possible to find explanations for the application of certain norms, and this affects the decision-making of employers, since in the event of a judicial appeal against their actions, the courts will listen to the opinion of the higher instance, and this gives confidence in the recognition of actions as lawful if they comply with the explanations.

The subject of labor law as a branch of law.

Labor law is one of the most important branches of Russian law that regulates labor relations between employees and employers, regardless of their organizational and legal forms of activity.

This is a set of legal norms governing social relations that develop in the process of exercising citizens' right to work, in the process of functioning of the wage labor market, organization and use of hired labor on the basis of an employment contract with any organization or individual citizen. These relations are the subject of labor law and are subdivided into:

Labor relations proper;

Relationships are directly related to labor relations.

Labor relations are based on an agreement between the employee and the employer on the employee's personal fulfillment of the labor function for a fee, the employee's submission to the rules of the internal ore regulations, while the employer provides the working conditions stipulated by labor legislation, collective bargaining agreements, agreements, labor contracts (Article 15 of the Labor Code of the Russian Federation)

Signs of an employment relationship:

Performance of work due to the labor function (work in a specific position, specialty, profession, indicating qualifications);

Personal performance by the employee of the labor function;

Submission to the rules of the internal labor schedule (work is carried out in accordance with the established regime of work and rest, with the definition of the basic rights and obligations of the employee, responsibility for violation of labor discipline, etc.);

Retribution and the lasting nature of ore relations (work is paid in accordance with the quantity and quality of labor not lower than the established minimum amount, in labor relations it is the performance of the labor function itself that is important, and not its result).

A different relationship directly related to labor, are legally enshrined in Art. 1 of the Labor Code of the Russian Federation:

Organization and management of labor;

Employment with this employer;

Professional training, retraining and advanced training of employees directly from the given employer;

Social partnership, collective bargaining, collective bargaining and agreements;

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

Material liability employers and workers in the ore sector;

Supervision and control (including trade union) over the observance of labor legislation (including legislation on labor protection);

Labor dispute resolution.

Relations arising from civil law contracts are not regulated by labor legislation. However, if it is established in court that such an agreement actually regulates labor relations, the provisions of labor law will apply.

Labor law method.

Labor law method determines in what way the regulation of social relations by labor law is carried out, what methods are used in this case.

This is a set of techniques and methods specific to this industry used by the state to regulate labor relations and other related relations through labor law norms.

The labor law method is reflected in the following methods of legal regulation:

Combination of centralized and local regulation of public relations in the field of labor relations. Centralized (state) regulation is to establish for all employees and employers without exception, general provisions governing relations in the world of work ( work time, rest time, wages, social partnership fundamentals, etc.). Local presupposes the regulation of such relations directly by employers by issuing local regulations, but it should not worsen the position of employees in comparison with federal legislation;

Combinations in the method of legal regulation of unity and differentiation. The unity of labor law is reflected in its general principles, enshrined in Art. 2 of the Labor Code of the Russian Federation, as well as in the uniform application of labor legislation throughout Russia and in relation to all employees and employers (all other things being equal). Differentiation consists in establishing the features of labor regulation of certain categories of workers;

The contractual nature of labor and the provision of its conditions lies in the fact that the regulation of labor relations and other relations directly related to them is carried out by concluding, changing, supplementing workers and employers with collective agreements, agreements, labor contracts.

Equality of parties in labor relations presupposes equality of workers, employers and their representatives before the law;

The originality of the ways to protect the labor rights of workers. A distinctive feature of this method is that labor disputes can be resolved in labor dispute commissions created by the organization without resorting to judicial procedure, which significantly speeds up the solution of the problem. Other methods include a strike, state supervision and control of compliance with labor legislation, protection of labor rights of workers by trade unions, self-defense of workers' rights;

Participation of employees through their representatives or trade unions in the legal regulation of ore - in the establishment and application of labor legislation, monitoring their observance, and protection of labor rights.

Participation of employees through their representatives or trade unions in the legal regulation of labor - in the establishment and application of labor legislation, monitoring their observance, and protection of labor rights.

Labor law is one of the branches of law. Her demarcation from

Related branches of law (civil, administrative,

Bodies of the Federal Service for Labor and Employment, their rights and obligations

federal Service for Labor and Employment (Rostrud) is the federal executive body of Russia under the jurisdiction of the Ministry of Health and Social Development. It carries out enforcement functions in the field of labor, employment and alternative civil service, functions of control and supervision over the observance of labor legislation and other normative legal acts containing labor law norms, legislation on employment of the population, on alternative civilian service, functions of providing public services in the field of promoting employment and protection from unemployment, labor migration and settlement of collective labor disputes.

Employment centers directly perform the following functions:

Registration of citizens in order to assist in finding suitable work, as well as registration of unemployed citizens;

Assisting citizens in finding suitable jobs;

Informing about the situation on the labor market;

Organization of job fairs and training jobs;

Organization of vocational guidance of citizens in order to choose a field of activity;

Professional training, retraining and advanced training of unemployed citizens;

Implementation of social payments to citizens recognized as unemployed in accordance with the established procedure;

Organization of paid public works;

The content of the employment relationship consists of the rights and obligations of its subjects (employees and the employer). In contrast to the basic (status) rights that make up the content of the labor law status of citizens, enshrined in Art. 2 of the Labor Code of the Russian Federation, subjective rights and obligations in legal relations represent the implementation of basic rights and obligations, which are specified in individual labor legal relations. So, the status right of a citizen to rest in a specific legal relationship means the right to establish a specific working time for a specific mode of work - five or six days. working week and a certain length of vacation for a given employee.

The main duties of the employee of the Regulation of Art. 2 of the Labor Code of the Russian Federation are concretized and detailed in Art. 127 of the Labor Code of the Russian Federation, hereinafter - in the internal regulations, job descriptions(for employees) and tariff qualification reference books(for workers), and in some industries - discipline charters. Internal labor regulations are developed at enterprises, institutions. These usually include the following responsibilities of employees:

Work honestly and conscientiously, fulfill the orders of the administration in a timely manner and accurately, use all working time for productive work, refrain from actions that interfere with other employees to perform their work duties;

Increase labor productivity, timely and thoroughly fulfill production rates and standardized production targets;

Improve the quality of work and products, avoid omissions and defects in work, observe technological discipline;

Observe the requirements for labor protection, safety, industrial sanitation, occupational health and fire protection, provided for by the relevant rules and instructions, work in the issued overalls, special footwear, use the necessary personal protective equipment;

Take measures to immediately eliminate the causes and conditions that impede the normal performance of work (downtime, accident) or hinder it, and immediately report the incident to the administration;

Observe the established storage order material values and documents;

Protect property, efficiently use machinery, machine tools and other equipment, take good care of tools, measuring instruments, overalls and other items issued for use by employees, economically and rationally use raw materials, materials, energy, fuel and other material resources;

Behave with dignity, follow all the rules of the hostel.

An even more specific range of responsibilities (taking into account the labor function) is established by the Unified tariff and qualification reference book of workers' jobs and professions, a qualification reference book of the positions of managers, specialists and employees, as well as technical regulations and job descriptions.

The content of labor relations, along with the subjective rights and obligations of workers, includes the rights and obligations of organizations (enterprises, institutions). Moreover, they correspond to each other, i.e. the rights of one subject correspond to the obligations of another, and vice versa. For example, the employee's right to create healthy and safe environment labor corresponds to the employer's obligation to provide these conditions, etc.

At the same time, the administration as a body of an enterprise, institution, organization must also fulfill special duties. In accordance with Art. 129 of the Labor Code of the Russian Federation, it is obliged to properly organize the work of workers, create conditions for the growth of labor productivity, ensure labor and production discipline, unswervingly comply with labor legislation and labor protection rules, be attentive to the needs and requests of workers, improve their working and living conditions.

Legal relations.

Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with this Code.

Unlike criminal and administrative legal relations in labor law, legal relations arise in a contractual manner on the basis of a bilateral agreement - an employment contract (Articles 56, 16 of the Labor Code of the Russian Federation). According to Art. 60 of the Labor Code of the Russian Federation, the employer does not have the right to require the employee to perform work that is not stipulated by the employment contract.

In accordance with Art. 72 of the Labor Code of the Russian Federation, a change in legal relationship - transfer to another job - is allowed only with the written consent of the employee. Art. 74 of the Labor Code of the Russian Federation, there are exceptions: in the case of production necessity The employer has the right to transfer the employee for a period of up to one month to a job not stipulated by the employment contract in the same organization with wages for the work performed, but not lower than the average earnings for the previous job.

Such a transfer is allowed to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, accident or natural disaster; to prevent accidents, downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), destruction or damage to property, as well as to replace an absent employee. At the same time, the employee cannot be transferred to work that is contraindicated for him for health reasons.

The labor relations are terminated, both unilaterally and on a contractual basis. The termination of the employment contract is carried out unilaterally at the initiative of the employee or at the initiative of the employer. In a contractual manner, the termination of labor relations is carried out by agreement of the parties in connection with the expiration of a fixed-term employment contract, in connection with the transfer of an employee with his consent to another organization. A special feature is that labor relations can be terminated at the initiative of entities that are not a party to the labor relationship, that is, due to circumstances beyond the control of the parties, for example, in connection with the conscription of an employee to military service or sending him to an alternative civilian service replacing it. , when reinstating an employee who previously performed this work, by decision state inspection labor or court, in case of non-election to the position.

26. Legal relationships directly related to the employment relationship. Their subjects and content.

Labor relations, as voluntary legal connection an employee with an employer (enterprise, institution, organization) regarding his work, for which the employee undertakes to perform a certain labor function (according to the specified specialty, qualification, position) in this production, subject to his internal labor schedule, and the employer undertakes to pay for it on labor contribution and create working conditions in accordance with legislation, collective and labor agreements.

Labor relations - This is the attitude of the employee with the employer on the use of his ability to work, i.e. his workforce, in the general process of a specific organization of labor

Labor relations, which are the subject of ore law, are characterized by the following features:

1. They represent the relationship for the direct application of labor in the collectives of enterprises, institutions and organizations.

2. The labor relationship is always a rewarding relationship.

3. The labor relationship in real life always acts as a labor relationship.

Subjects:

Workers (citizens);

Employer;

Trade unions;

Government departments;

Local government bodies;

Employment Service Bodies;

Bodies considering labor disputes: labor dispute commission, court, conciliation commission, mediator, labor arbitration;

Bodies of state supervision and control: bodies of the Federal Labor Inspectorate, Rosgotekhnadzor, Sanitary and Epidemiological Supervision, etc.

Agreement- a legal act regulating social and labor relations and establishing general principles for regulating related economic relations, concluded between authorized representatives of employees and employers at the federal, interregional, regional, sectoral (inter-sectoral) and territorial levels of social partnership within their competence.

The agreement may include mutual obligations of the parties on the following issues:

Salary;

Labor conditions and safety;

Regimes of work and rest;

Development of social partnership;

Other issues determined by the parties.

By agreement of the parties participating in collective bargaining, agreements can be bilateral or trilateral.

Agreement, providing full or partial financing from the respective budgets, are with the obligatory participation of the relevant executive authorities or local self-government bodies that are a party to the agreement.

Depending on the scope of regulated social and labor relations, agreements may be concluded: general, interregional, regional, sectoral (inter-sectoral), territorial and other agreements.

Other agreements - agreements that can be concluded by the parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them.

Modification and addition agreements are made in the manner prescribed by this Code for the conclusion of an agreement, or in the manner prescribed by the agreement.

Monitoring implementation agreements are carried out by the parties to the social partnership, their representatives, and the relevant labor authorities.

When carrying out this control, the representatives of the parties are obliged to provide each other, as well as the relevant labor authorities, with the information necessary for this no later than one month from the date of receipt of the corresponding request.

Parties to the employment contract.

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

An individual with labor legal personality can act as an employee under an employment contract. An employer can be both a physical person and entity, the state, acting through its own bodies, as well as bodies of public self-government.

According to the employment contract, the employer is obliged to:

Provide the employee with work according to the specified labor function;

Provide working conditions stipulated by the Labor Code of the Russian Federation, laws and other regulatory legal acts, collective bargaining agreements, agreements, local regulations containing labor law norms;

Pay wages to the employee on time and in full.

According to the employment contract, the employee is obliged to:

Personally perform the job function defined by this agreement;

Comply with the internal labor regulations in force in the organization.

There is a set requirements for the parties to the employment contract... For example, in the Labor Code of the Russian Federation, the following requirements are imposed on an employee:

The conclusion of an employment contract is allowed with persons who have reached the age of 16. In cases of receiving basic general education or leaving a general education institution in accordance with federal law, an employment contract can be concluded by persons who have reached the age of 15 years.

With the consent of one of the parents (guardian, trustee) and the guardianship and trusteeship body, an employment contract may be concluded with a student who has reached the age of 14, in order to perform a light load in his free time that does not harm his health and does not interfere with the learning process.

In cinematography organizations, theaters, theater and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian, trustee) and the guardianship and trusteeship body, to conclude an employment contract with persons under the age of 14 to participate in the creation and (or) performance of a work without prejudice to health and moral development.

The employment contract specifies:

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

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

Taxpayer identification number (for employers, excluding employers - individuals who are not individual entrepreneurs);

Information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers;

Place and date of the conclusion of the employment contract.

The following conditions are mandatory for inclusion in an employment contract:

Place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality, the place of work with an indication of a separate structural unit and its location;

Labor function (work according to the position in accordance with the staffing table, profession, specialty with an indication of qualifications; the specific type of work entrusted to the employee). If, in accordance with this Code, other federal laws, the provision of compensation and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the name of these positions, professions or specialties and qualification requirements they must comply with the names and requirements specified in the qualification reference books approved in the manner established by the Government of the Russian Federation;

The date of commencement of work, and in the case when a fixed-term employment contract is concluded - also the period of its validity and the circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract in accordance with this Code or other federal law;

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

Working hours and rest hours (if for this employee it differs from general rules employed by this employer);

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

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

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

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

If, when concluding an employment contract, it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing an employment contract as not concluded or for its termination. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties concluded in writing which are an integral part of the employment contract.

An employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:

About specifying the place of work (indicating the structural unit and its location) and (or) about the workplace;

About the test;

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

On the employee's obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;

On the types and conditions of additional insurance for the employee;

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

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

By agreement of the parties, the labor contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements ... Failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

Types of employment contracts.

Types of employment contracts. The legislator divides all labor contracts in terms of validity into three types (Article 17 of the Labor Code of the Russian Federation):

1.A contract with an indefinite period:

Normal, when, as a rule, the parties determine the place of work, the labor function of the employee, and in many (previously indicated) cases, the amount of wages; such an agreement is concluded in most cases;

A contract, which may be of an indefinite period, but, as a rule, it refers to fixed-term contracts;

With the stated period of training for young workers and young specialists in the direction after graduation in vocational schools, in higher and secondary vocational educational institutions;

Accepted by competition;

Combining professions;

With a freelance worker;

Work at home.

2. a fixed-term contract concluded for a period not exceeding five years:

The contract;

By organized recruitment;

For work in the regions of the Far North or equivalent areas;

Any specific calendar year not exceeding five years (for example, for the period of long leave of a permanent employee in connection with maternity leave and childcare up to one and a half years, an employee can be hired under a fixed-term contract, or under a contract for a specific job;

For industrial training or apprenticeship for a period of at least six months, which is then transformed into a regular contract with an indefinite period;

With the head of the organization for a period determined by the charter of the organization.

3. contract for the time of performance of a certain work. The latter type of contract is also limited in duration, but this time is not limited to a calendar period, as in fixed-term contract, and the end time of a certain job (seasonal, temporary, etc.).

Temporary work contract;

Seasonal work contract;

A contract for certain other work (except for temporary and seasonal), which, by its nature and volume, must end with its implementation.

Fixed-term employment contract.

A fixed-term employment contract is concluded:

For the duration of the duties of the absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, labor contracts, the place of work is retained;

For the duration of temporary (up to two months) work;

To perform seasonal work, when, due to natural conditions, work can be performed only during a certain period (season);

With persons sent to work abroad;

To carry out work that goes beyond the usual activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided;

With persons applying for work in organizations created on the basis of certain period or to perform a known job;

With persons accepted for the performance of a known job in cases where its completion cannot be determined by a specific date;

To perform work directly related to internship and vocational training of an employee;

In cases of being elected for a certain period of time to an elective body or to an elective position for a paid job, as well as admission to work related to the direct support of the activities of members of elected bodies or officials in public authorities and local self-government bodies, in political parties and others public associations;

With persons sent by the bodies of the employment service to work of a temporary nature and public works;

With citizens sent for alternative civilian service;

By agreement of the parties, a fixed-term employment contract may be concluded:

With persons applying for work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the retail and consumer services - 20 people);

With old-age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature;

With persons applying for work in organizations located in the regions of the Far North and equivalent areas, if this is associated with moving to the place of work;

To carry out urgent work to prevent catastrophes, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergencies;

With persons elected through a competition to fill the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;

With creative media workers mass media, organizations of cinematography, theaters, theater and concert organizations, circuses and other persons participating in the creation and (or) performance (exhibiting) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations;

With heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership;

With persons studying on a full-time basis;

With persons applying for a part-time job;

In other cases provided for by this Code or other federal laws.

Labor rationing.

Labor rationing is one of the branches of economic science, which, in close relationship with other economic, technical, psychophysiological and social scientific disciplines, studies labor activity a person in order to minimize the costs and vital energy of a person to perform a given amount of work.

Employees are guaranteed:

State assistance to the systemic organization of labor rationing;

Application of labor rationing systems determined by the employer taking into account the opinion of the representative body of employees or established by a collective agreement.

Labor standards- production rates, time, size standards and other standards - are established in accordance with the achieved level of technology, technology, organization of production and labor.

Labor standards may be revised as they are improved or introduced new technology, technology and implementation of organizational or other measures to ensure the growth of labor productivity, as well as in the case of the use of physically and morally obsolete equipment.

Reaching a high level the development of products (provision of services) by individual workers through the use of new methods of labor on their initiative and the improvement of workplaces is not a basis for revising previously established labor standards.

For homogeneous work, standard (intersectoral, sectoral, professional and other) labor standards can be developed and established. Standard labor standards are developed and approved in accordance with the procedure established by the authorized Government of the Russian Federation federal body executive power.

Introduction, replacement and revision of labor standards... Local regulations providing for the introduction, replacement and revision of labor standards are adopted by the employer, taking into account the opinion of the representative body of workers.

Employees must be notified of the introduction of new labor standards no later than two months in advance.

Ensuring normal working conditions to meet production standards. The employer is obliged to provide normal conditions for the employees to fulfill the production standards. Such conditions, in particular, include:

Good condition of premises, structures, machines, technological equipment and equipment;

Timely provision of technical and other documentation necessary for work;

Proper quality materials, tools, other means and items necessary for the performance of work, their timely provision to the employee;

Working conditions that meet the requirements of labor protection and industrial safety.

Disciplinary responsibility of employees: concept and types.

Disciplinary liability is a special type of legal liability, its application is always associated with the performance of labor or official duties. A feature of disciplinary liability is the application of penalties that make up its content, as a rule, by the subject of labor relations, namely the employer. In this connection, disciplinary responsibility is one of the manifestations of the employer's authority over the employee who has entered into an employment contract with him.

Labor is a person's activity, the realization of the mental and physical abilities of a person in order to obtain any spiritual or material benefits. Labor is possible both individual and social, but the norms of law regulate exclusively activities in social cooperation.

Subject, method and system of labor law

Labor law is a legal branch that regulates relations between employees and employers, as well as other labor relations directly related to them. This industry establishes the rights and obligations of all, without exception, subjects related to labor law, as well as responsibility for failure to fulfill obligations or violation of any rights, combining the interests of subjects, society and the state.

The subject of labor law is related to activities in production. In particular, these are relations on employment and promotion of employment with the employer, interaction between the worker and his manager under the terms of the contract, on the mutual responsibility (material) of the employer and the subordinate, on the resolution of disputes, participation in trade unions, etc.

The subject of labor law is characterized by the fact that relations are homogeneous, they have a socio-economic community and other characteristics. Each of the branches of law has a subject that predetermines the specifics of regulation methods, as well as principles and functions. All basic principles, methods, the subject of labor law are determined by its norms.

They call a set of various industry-specific ways of regulating people's behavior in order to change it in a direction convenient for the state and society. Features of the method: legal personality of the participants; the procedure for the emergence, termination and change of legal relations; the nature of duties and rights, and the means that ensure their performance.

The scope of labor law is aimed at implementing the methods of its operation. Let's say a combination of types of labor regulation; the contractual nature of the employee-employer relationship; equality of the parties to the agreement, their mutual subordination to certain rules of the internal order; participation of workers in labor regulation (for example, through trade unions); protection of workers' rights by a legal document. There are other ways to implement the methods, but they are not widely used.

The system is the classification of norms by industry into homogeneous groups, their location within the structures. The various legal norms governing labor relations fall into several groups. The first defines the main general issues in the field of regulation of relations under labor law, and the second regulates the private aspects of these relations. A special part in labor law includes such institutions as the institution of employment; working time; advanced training; contract; labor protection, etc.

The subject of labor law and its sources

Sources of labor law - the results of the activities of state bodies in the field of regulation Regulation is carried out by the Labor Code of the Russian Federation, the Basic Law of the Russian Federation (Constitution), other federal laws, decrees and decrees, acts of local self-government bodies and other regulatory legal acts. But Labor Code and other legal acts do not apply to military personnel; persons who work under civil law contracts; members of the boards of directors of organizations; other persons.

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

Thanks to work, society does not stand still, but develops, it was he who determined the name of the legal industry - labor law, it became independent since 1918.

general information

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

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

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

Every industry has the right your subject... In this case, they are relations associated with human labor that appear when a person works in production, as well as social relations that are interconnected with basic labor relations. They connect participants during the workflow. Right regulated RF Labor Code.

The very same basic working relationship (labor) arises when the employee enters into an agreement with his employer.

Relationship types

The legal industry speaks for itself, i.e. directly related to people to human labor.

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

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

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

The law regulates only those relations that arise in the work itself, connected with production. Collaboration between people should be well organized, controlled and managed by someone.

A labor organization can be social and technical:

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

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

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

What is included in the subject of labor law

The subject of labor law is relations that have a connection with human labor in any production. They are public (9 groups in total).

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

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

An employee agrees to work, to abide by all the rules and conditions of work, daily routine, etc., and the employer must pay for the work regularly and provide normal conditions so that people can work comfortably.

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

Subject of regulation

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

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

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

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

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

Types of labor relations

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

• main place of work;
• combination with another place of work;
• work of a temporary nature (up to 2 months);
• work according to seasons;
• work for an individual entrepreneur;
• work done at home;
• work in the civil service;
• the work of people involved in sports or working in Russian representations abroad.

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

There are several types of relationships in law:

• those who are involved in the organization and management of labor - act as accompanying;
• those that are aimed at protection, compliance with the law.

Derived Relationship Groups:

Applying for a job - the law regulates employment through a service that helps to find a job (employment).

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

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

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

For social partnerships, negotiations, signing agreements or contracts - here the relationship is regulated by law after the signing of the contract or agreement.

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

On the participation of workers and trade union bodies during the determination working conditions - the relationship of the two parties to production in the organization good conditions so that people can work.

For the management activities of labor, its organization - the employer himself organizes the work of his subordinates, recruits, while he is obliged to comply with the Law, the rights of workers should not be violated.

Upon the occurrence of the liability of the material plan from any of the parties - the party who harmed in the course of his work will be found guilty by law and will be punished with responsibility.

Monitoring and overseeing that the law is strictly enforced - this is done by government agencies ( Labour Inspectorate, Prosecutor's Office, Rospotrebnadzor, Rostekhnadzor).

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

Social insurance- necessarily done when a person gets a job.

So, they regulate labor relations that appear in the process of implementation. It indicates all the rights and obligations of the parties, penalties in the form of responsibility if someone violates them.

And the subject of Russian labor law is labor relations and their derivatives that appear in people during the direct work process.

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