Labor Code guarantor. Labor Code
Labor Code of the Russian Federation- codified legislative act (code) on labor, Federal Law No. 197-FZ of December 30, 2001. It was put into effect on February 1, 2002 instead of the Code of Labor Laws of the RSFSR (Labor Code of the RSFSR) of 1971 that was in force before it. The Code defines labor relations between employees and employers and takes precedence over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.
The Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates the issues of labor protection, professional training, retraining and advanced training, employment, social partnership. The rules of payment and labor rationing, the procedure for resolving labor disputes are fixed. Separate chapters are devoted to the peculiarities of the legal regulation of the labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).
Sections of the Labor Code of the Russian Federation
- Section I. General Provisions
- Section II. Social partnership in the sphere of labor
- Section III. Labor contract
- Section IV. Working time
- Section V Rest Time
- Section VI. Pay and labor regulation
- Section VII. Guarantees and compensation
- Section VIII. Labor schedule, labor discipline
- Section IX. Vocational training, retraining and advanced training of employees
- Section X. Labor protection
- Section XI. Liability of the parties to the employment contract
- Section XII. Features of labor regulation of certain categories of workers
- Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
- Section XIV. Final provisions
Story
Code of 1918
The first Russian labor code was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.
The Code introduced the following concepts:
- workers- persons working for remuneration;
- remuneration for work- provided in the form of money, services (for example, the provision of housing) or products (including food);
- living wage- the minimum remuneration for work established for the given locality;
- preliminary test- a certain period preceding the final admission to a long-term job;
- normal working hours- the time set for the production of this work by the tariff regulation;
- shift work- continuous work, which requires several work shifts;
- overtime work- work beyond the normal working time was allowed in exceptional cases;
- holidays- set days on which work is not performed;
- production rate- the amount of work established by the pricing commission and approved by the labor department, carried out under normal conditions during normal working hours;
- labor inspection- the body responsible for the protection of life, health and labor of persons engaged in economic activities;
- labor distribution department- a body that registers the unemployed and provides them with jobs.
The first code introduced the following duties of workers:
- labor service- the duty of every citizen of the RSFSR;
- personal employment history- a document with notes on the work performed, remuneration and benefits received;
- the possibility of attracting adult male able-bodied population to work overtime;
- performance of the number of works not less than the established production standards;
- compliance internal regulations;
- notification to the division of power distribution and the trade union about the fact of replacement at the workplace of a worker who left the workplace without permission.
The following rights of workers were declared:
- right to work- the right to use labor in their specialty and for a fixed remuneration;
- remuneration for work not lower than the established subsistence level;
- receiving remuneration for work at least once every two weeks;
- the possibility of dismissal at will (in fact, this right was eliminated by the need to justify the reason for dismissal, which would suit the body of workers' self-government);
- the duration of normal working time is not more than 8 daytime or 7 night hours per day.
- reduced working hours for persons under 18;
- reduced working hours for heavy and hazardous work;
- lunch break;
- extra break for breastfeeding;
- weekly uninterrupted rest for at least 42 hours;
- shortened working day before the day of rest;
- annual leave;
- cash allowance and free medical assistance in case of illness, pregnancy and childbirth;
- unemployment benefit in the amount of the worker's remuneration for work according to his tariff, group and category;
- allowance for workers who do not work in their specialty.
The Code explicitly prohibited workers from working during their annual leave and holidays. When the fact of such work was established, the remuneration received by him was withheld from the worker. It was also forbidden to receive additional remuneration for work except for normal working hours and overtime. Advance payment was prohibited.
The following funds were introduced:
- Unemployment Insurance Fund;
- Local health insurance companies.
After 4 years, in 1922, the code was revised.
Code of 1922
The second code was adopted by a decree of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, Secretary of the All-Russian Central Executive Committee Yenukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.
Compared with the previous code, new concepts were introduced, such as:
- passbook;
- severance pay;
The code established an 8-hour working day, uninterrupted rest, lasting at least 42 hours, an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the time before childbirth and after childbirth: 6 weeks before and 6 weeks after - for mental workers, 8 weeks - for manual workers; additional (except for lunch) breaks for feeding infants were also introduced.
The Code established a list of public holidays, and also introduced the concept of professions of "clerical and mental labor". There was no old-age pension, instead there was only "the right to social security in case of disability."
With some amendments, the code was in effect for almost half a century.
Labor Code 1971 (Labor Code)
In 1971, a new code was adopted that established a 41-hour work week, added new holidays and new benefits, including establishing the right to leave to care for a child until he reaches 3 years of age with the preservation of the workplace. The new code was more lenient compared to the code
The Labor Code of the Russian Federation is a set of labor laws that govern labor relations between employees and employers. With the help of these laws, the basic rights and obligations of those involved in the labor process are established.
With the help of TC, they create optimal working conditions and there is an agreement in labor disputes under the laws. The Labor Code guarantees employees the right to protection of dignity, social insurance, compensation for harm caused to the health of an employee in the course of work.
The Labor Code of the Russian Federation was adopted on 30.12. 2001 and has the designation 197-FZ. In the process of using the TC, as necessary, changes and additions are made to it related to the new requirements of working life. The TC of the 2016 version consists of 424 articles placed in 62 chapters, 14 sections and 6 parts.
Who needs to know TK?
The main provisions of the Labor Code should be understood, first of all, by employees and employers.
Employees need to know the main provisions of the laws in order not to be deceived with financial payments, infringed on their rights, including the right to rest.
Employers should be aware of the provisions of the code in order to ensure all the rights of employees and avoid unnecessary confrontations and. At the same time, almost all conflicts that arise between the two parties involved in the labor process can be resolved with the help of the TC.
The main provisions of the Labor Code should also be presented to young people who are just entering the labor force. Knowing their rights and obligations described in the Labor Code, they will be able to correctly assess the correctness of what is concluded with the employer.
Accurate knowledge of the TC is necessary for those people who often encounter the practical application of the code. This applies to employees of the personnel department, heads of enterprises and companies, employees of the labor protection department.
Thus, with the help of the Labor Code of the Russian Federation, the entire range of relationships that exist in the course of labor activity is regulated.
A Brief History of Labor Law in Russia
The first labor code was adopted in France in 1910. In Russia, labor legislation was introduced in 1918 in the form of the Labor Code (Labor Code). This Labor Code, with amendments and additions, was valid until the adoption of the new Labor Code of the Russian Federation.
Comparison of Labor Code and Labor Code
Compared to the Labor Code, the TC has the following main differences: 
- the Labor Code contains 424 articles, while the Labor Code had only 225 articles. This speaks of expanding the scope of labor laws;
- The Labor Code is focused on market relations in the country, the diversity of forms of ownership, the acceptance of labor resources as a commodity, while the Labor Code was designed for regulated labor;
- The Labor Code regulates the whole variety of labor relations without reference to any by-laws. In the Labor Code on issues related to market relations, there were references to other laws;
- the Labor Code provides a minimum set of rights and obligations for employees and employers, which gives wide scope for the terms of a real labor agreement. Under the Labor Code, all employers and employees had the same set of rights and obligations;
- a new concept of "social partnership" has been introduced in the Labor Code. Thus, the contractual nature of labor and equality (partnership) of employees and employers are declared;
- according to the Labor Code, when entering a job, a mandatory written labor agreement is required. According to the Labor Code, such confirmation is not necessary - it was enough to go to work.
What employees and employers need to know
Sections of the Labor Code
The Labor Code of the Russian Federation consists of 6 parts.
First part
Dedicated to the basics of labor legislation, concepts, principles and tasks of the code. It introduced articles related to the prohibition of discrimination in labor activity, forced labor, the delimitation of labor powers between different branches of government, as well as the priority of the Labor Code over other labor laws.
This section provides a general concept of the worker and the employer, defines discrimination in labor activity and forced labor. At the same time, the concept of forced labor in the Labor Code has a broader interpretation than in the ILO Convention. In the Labor Code, forced labor also includes cases where the employer does not pay in full or forces the employee to work in conditions of danger to his life or health.
In Art. 20 defines the concepts of employee and employer. An employee is a person who has entered into an employment relationship with an employer. The employer can be or.
The second part
Relationships in the sphere of work are considered as social partnership. The basic concepts and principles of social partnership are given. At the same time, social partnership is understood as a system that determines the relationship between employees, employers and authorities. This system should coordinate the interests of the parties involved in the labor process.
Trade unions are recognized as representatives of employees in the Labor Code, and managers of enterprises or other authorized persons are recognized as representatives of the employer.
The third part
Dedicated to the employment contract, which is the main instrument of labor relations and regulates them from the conclusion to the termination of the contract.
The concept of an employment contract includes the obligations of the employer and the employee.
The employer is obliged to provide for the performance of labor activities and pay wages, and the employee must work and observe discipline.
This part of the Labor Code deals with the issues of concluding, amending and terminating an employment contract. It also introduces the concept of the employee's personal data, which the employer is obliged to protect.
In the fourth section of the 3rd part of the TC, the concept is introduced and various options for its use are considered. In accordance with the Labor Code, working time is the time the employee performs his job duties in accordance with the employment contract.
Working time also includes some periods of time classified as working time in accordance with the laws of the Russian Federation and the Labor Code of the Russian Federation. At the same time, normal working hours are 40 hours a week.
The 5th section of the third part of the TC is devoted to the concept of rest time, that is, time 
in which the employee is released from work and in which he can rest.
This section covers different types of rest time - from lunch breaks to. In particular, the employee must be given a meal break of at least 30 minutes. Depending on the length of the working week, 1 or 2 days of rest must be provided per week.
Each employee must be granted annual leave with pay of 28 days.
Section 6 of the Labor Code is devoted to rationing and remuneration. The concept of wages is introduced, which is a remuneration for work depending on the complexity of the work, the qualifications of the employee. In addition, compensation and may be included in the salary.
In the same part, various systems of remuneration and its rationing are described.
Fourth part
Here we consider the labor relations of some categories of workers, such as teenagers, managers, part-time workers, seasonal workers, shift workers. Also considered are categories such as homeworkers, remote workers, people working in the Far North and other categories of workers.
Fifth part
Dedicated to the protection of labor rights and freedoms, consideration of labor disputes, including those involving trade unions.
Sixth part
In the final part of the Labor Code, the procedure and terms for the entry into force of this code are given.
Part I
Section I. General Provisions
Article 1. Goals and objectives of labor legislation
Article 2. Basic principles of legal regulation of labor relations and other relations directly related to them
Article 3. Prohibition of discrimination in the sphere of labor
Article 4. Prohibition of forced labor
Article 5. Labor legislation and other acts containing labor law norms
Article 6
Article 7. Repealed
Article 8. Local regulations containing labor law norms
Article 9. Regulation of labor relations and other relations directly related to them in a contractual manner
Article 10. Labor legislation, other acts containing labor law norms, and international law norms
Article 11
Article 12
Article 13
Article 14. Calculation of terms
Article 15. Labor relations
Article 16. Grounds for the emergence of labor relations
Article 17
Article 18
Article 19
Article 19.1 Labor relations arising on the basis of an employment contract as a result of recognizing relations related to the use of personal labor and arising on the basis of a civil law contract as labor relations
Article 20. Parties to labor relations
Article 21. Basic rights and obligations of an employee
Article 22. Basic rights and obligations of the employer
Part II
Section II. Social partnership in the sphere of labor
Article 23. The concept of social partnership in the sphere of labor
Article 24. Basic principles of social partnership
Article 25. Parties of social partnership
Article 26. Levels of social partnership
Article 27. Forms of social partnership
Article 28
Article 29. Representatives of employees
Article 30. Representation of the interests of workers by primary trade union organizations
Article 31. Other representatives of employees
Article 32
Article 33. Representatives of employers
Article 34. Other representatives of employers
Article 35
Article 35.1. Participation of social partnership bodies in the formation and implementation of state policy in the sphere of labor
Article 36. Collective bargaining
Article 37. Procedure for Conducting Collective Bargaining
Article 38. Settlement of disputes
Article 39. Guarantees and compensations to persons participating in collective bargaining
Article 40. Collective agreement
Article 41. Content and structure of the collective agreement
Article 42. Procedure for developing a draft collective agreement and concluding a collective agreement
Article 43
Article 44
Article 45 Agreement Types of agreements
Article 46. Content and structure of the agreement
Article 47. Procedure for developing a draft agreement and concluding an agreement
Article 48. Validity of the agreement
Article 49
Article 50. Registration of a collective agreement, agreement
Article 51. Control over the fulfillment of a collective agreement, agreement
Article 52. The right of employees to participate in the management of the organization
Article 53
Article 54
Article 55
Part III
Section III. Labor contract
Article 56. The concept of an employment contract. Parties to the employment contract
Article 56.1. Prohibition of agency work
Article 57. Content of an employment contract
Article 58. Term of an employment contract
Article 59. Fixed-term employment contract
Article 60
Article 60.1. Part-time work
Article 60.2. Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract
Article 61. Entry into force of an employment contract
Article 62. Issuance of copies of documents related to work
Article 63. Age from which the conclusion of an employment contract is allowed
Article 64. Guarantees when concluding an employment contract
Article 64.1. Conditions for concluding an employment contract with former state and municipal employees
Article 65. Documents presented at the conclusion of an employment contract
Article 66
Article 67. Form of an employment contract
Article 68
Article 69. Medical examination (examination) at the conclusion of an employment contract
Article 70
Article 71
Article 72
Article 72.1. Transfer to another job. moving
Article 72.2. Temporary transfer to another job
Article 73. Transfer of an employee to another job in accordance with a medical report
Article 74
Article 75
Article 76. Suspension from work
Article 77. General grounds for termination of an employment contract
Article 78. Termination of an employment contract by agreement of the parties
Article 79. Termination of a fixed-term employment contract
Article 80
Article 81. Termination of an employment contract at the initiative of the employer
Article 82
Article 83. Termination of an employment contract due to circumstances beyond the control of the parties
Article 84
Article 84.1. General procedure for processing the termination of an employment contract
Article 85. The concept of personal data of an employee. Processing of personal data of an employee
Article 86. General requirements for the processing of personal data of an employee and guarantees for their protection
Article 87. Storage and use of personal data of employees
Article 88. Transfer of personal data of an employee
Article 89. The rights of employees in order to ensure the protection of personal data stored by the employer
Article 90
Section IV. Working time
Article 91. The concept of working time. Normal working hours
Article 92. Reduced hours of work
Article 93. Part-time work
Article 94. Duration of daily work (shift)
Article 95
Article 96. Night work
Article 97. Work outside the established duration of working hours
Article 98
Article 99. Overtime work
Article 100. Working hours
Article 101. Irregular working day
Article 102. Work in the regime of flexible working hours
Article 103. Shift work
Article 104
Article 105. Division of the working day into parts
Section V Rest Time
Article 106. The concept of rest time
Article 107. Types of rest time
Article 108. Breaks for rest and meals
Article 109. Special breaks for heating and rest
Article 110. Duration of weekly uninterrupted rest
Article 111. Holidays
Article 112. Non-working holidays
Article 113. Prohibition of work on weekends and public holidays. Exceptional cases of involving employees to work on weekends and non-working holidays
Article 114. Annual paid holidays
Article 115. Duration of the annual basic paid leave
Article 116. Annual additional paid holidays
Article 117
Article 118. Annual additional paid leave for the special nature of work
Article 119. Annual additional paid leave for employees with irregular working hours
Article 120. Calculation of the duration of annual paid holidays
Article 121
Article 122. Procedure for granting annual paid holidays
Article 123
Article 124. Extension or postponement of annual paid leave
Article 125 Review from vacation
Article 126. Replacement of annual paid leave with monetary compensation
Article 127. Realization of the right to leave upon dismissal of an employee
Article 128. Leave without pay
Section VI. Pay and labor regulation
Article 129. Basic concepts and definitions
Article 130
Article 131. Forms of remuneration
Article 132. Payment according to work
Article 133. Establishment of the minimum wage
Article 133.1. Establishing the amount of the minimum wage in the constituent entity of the Russian Federation
Article 134
Article 135. Establishment of wages
Article 136. Procedure, place and terms of payment of wages
Article 137. Limitation of deductions from wages
Article 138. Limitation of the amount of deductions from wages
Article 139. Calculation of the average wage
Article 140
Article 141
Article 142
Article 143. Tariff systems of wages
Article 144
Article 145
Article 146. Remuneration for work in special conditions
Article 147
Article 148. Payment for labor at work in areas with special climatic conditions
Article 149
Article 150
Article 151
Article 152. Payment for overtime work
Article 153. Payment for work on weekends and non-working holidays
Article 154. Payment for work at night
Article 155
Article 156
Article 157. Payment for idle time
Article 158. Payment for labor in the development of new industries (products)
Article 159. General provisions
Article 160. Labor standards
Article 161. Development and approval of model labor standards
Article 162. Introduction, replacement and revision of labor standards
Article 163
Section VII. Guarantees and compensation
Article 164. Concept of guarantees and compensations
Article 165. Cases of provision of guarantees and compensations
Article 166. The concept of a business trip
Article 167. Guarantees when sending employees on business trips
Article 168. Reimbursement of expenses related to a business trip
Article 168.1. Reimbursement of expenses related to business trips of employees whose permanent work is carried out on the road or has a traveling character, as well as work in the field, expeditionary work
Article 169. Reimbursement of expenses when moving to work in another locality
Article 170
Article 171. Guarantees for employees elected to trade union bodies and labor dispute commissions
Article 172
Article 173
Article 173.1. Guarantees and compensations for employees who combine work with higher education - training of highly qualified personnel, as well as employees admitted to the degree of candidate of science or doctor of science
Article 174
Article 175
Article 176
Article 177
Article 178. Severance pay
Article 179
Article 180
Article 181
Article 181.1 Severance pay, compensation and other payments to employees in certain cases of termination of employment contracts
Article 182. Guarantees when transferring an employee to another lower-paid job
Article 183. Guarantees for an employee in case of temporary disability
Article 184
Article 185. Guarantees for employees sent for medical examination (examination)
Article 186
Article 187
Article 188. Reimbursement of expenses when using personal property of an employee
Section VIII. Labor schedule. Labor discipline
Article 189. Labor discipline and work schedule
Article 190
Article 191. Incentives for work
Article 192. Disciplinary penalties
Article 193. The procedure for applying disciplinary sanctions
Article 194. Removal of a disciplinary sanction
Article 195
Section IX. Vocational training, retraining and advanced training of employees
Article 195.1. The concepts of employee qualification, professional standard
Article 195.2. The procedure for the development and approval of professional standards
Article 195.3. The procedure for applying professional standards
Article 196. The rights and obligations of the employer for the training and retraining of personnel
Article 197. The right of employees to professional training, retraining and advanced training
Article 198
Article 199
Article 200
Article 201
Article 202. Organizational forms of apprenticeship
Article 203. Time of apprenticeship
Article 204. Payment for apprenticeship
Article 205
Article 206. Invalidity of the terms of the student agreement
Article 207
Article 208
Section X. Labor protection
Article 209. Basic concepts
Article 210. Main directions of state policy in the field of labor protection
Article 211. State regulatory requirements for labor protection
Article 212. Obligations of the employer to ensure safe conditions and labor protection
Article 213. Medical examinations of certain categories of employees
Article 214. Obligations of an employee in the field of labor protection
Article 215. Compliance of production facilities and products with state regulatory requirements for labor protection
Article 216. State administration of labor protection
Article 216.1. State examination of working conditions
Article 217. Labor protection service in an organization
Article 218. Committees (commissions) for labor protection
Article 219. The right of an employee to work in conditions that meet the requirements of labor protection
Article 220
Article 221. Providing employees with personal protective equipment
Article 222
Article 223
Article 224. Additional labor protection guarantees for certain categories of employees
Article 225. Education and professional training in the field of labor protection
Article 226. Financing of measures to improve working conditions and labor protection
Article 227. Accidents subject to investigation and accounting
Section 228. Obligations of an Employer in the Event of an Accident
Article 228.1. Procedure for notification of accidents
Article 229. Procedure for the formation of commissions for the investigation of accidents
Article 229.1. Terms of investigation of accidents
Article 229.2. Procedure for conducting an accident investigation
Article 229.3. Investigation of accidents by state labor inspectors
Article 230
Article 230.1. The procedure for registration and accounting of accidents at work
Article 231
Section XI. Liability of the parties to the employment contract
Article 232
Article 233
Article 234
Article 235
Article 236
Article 237. Compensation for moral damage caused to an employee
Article 238. Liability of an employee for damage caused to the employer
Article 239. Circumstances excluding material liability of an employee
Article 240
Article 241. Limits of material liability of an employee
Article 242. Full liability of an employee
Article 243. Cases of full liability
Article 244. Written agreements on the full liability of employees
Article 245
Article 246. Determining the amount of damage caused
Article 247
Article 248. Procedure for recovery of damage
Article 249. Reimbursement of expenses associated with employee training
Article 250
Part IV
Section XII. Features of labor regulation of certain categories of workers
Article 251. Features of labor regulation
Article 252
Article 253
Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years
Article 255. Maternity leave
Article 256. Child care leave
Article 257
Article 258. Breaks for feeding a child
Article 259
Article 260
Article 261
Article 262. Additional days off for persons caring for disabled children and women working in rural areas
Article 262.1. The sequence of granting annual paid leave by persons raising children with disabilities
Article 263. Additional leave without pay for persons caring for children
Article 264. Guarantees and benefits for persons raising children without a mother
Article 265
Article 266. Medical examinations (examinations) of persons under the age of eighteen years
Article 267. Annual basic paid leave for employees under the age of eighteen
Article 268
Article 269
Article 270
Article 271
Article 272. Features of employment of persons under the age of eighteen years
Article 273. General provisions
Article 274
Article 275. Conclusion of an employment contract with the head of the organization
Article 276
Article 277
Article 278. Additional grounds for terminating an employment contract with the head of an organization
Article 279
Article 280. Early termination of an employment contract at the initiative of the head of the organization
Article 281
Article 282. General provisions on part-time work
Article 283
Article 284
Article 285
Article 286
Article 287. Guarantees and compensations for persons working part-time
Article 288. Additional grounds for termination of an employment contract with persons working part-time
Article 289. Conclusion of an employment contract for a period of up to two months
Article 290
Article 291. Paid holidays
Article 292. Termination of an employment contract
Article 293. Seasonal work
Article 294
Article 295. Paid holidays for employees engaged in seasonal work
Article 296. Termination of an employment contract with employees engaged in seasonal work
Article 297. General provisions on work on a rotational basis
Article 298. Restrictions on work on a rotational basis
Article 299. Watch duration
Article 300. Accounting for working time when working on a rotational basis
Article 301. Modes of work and rest when working on a rotational basis
Article 302. Guarantees and compensations for persons working on a rotational basis
Article 303. Conclusion of an employment contract with an employer - an individual
Article 304. Term of an employment contract
Article 305. Regimes of work and rest
Article 306
Article 307. Termination of an employment contract
Article 308. Resolution of individual labor disputes
Article 309. Documents confirming the period of work for employers - individuals
Article 309.1. General provisions
Article 309.2 Regulation of labor relations and other directly related relations with the employer - a small business entity, which is classified as a micro-enterprise, by local regulations containing labor law norms, and employment contracts
Article 310. Home workers
Article 311. Conditions under which home work is allowed
Article 312. Termination of an employment contract with homeworkers
Article 312.1. General provisions
Article 312.2. Features of concluding and changing the terms of an employment contract on remote work
Article 312.3. Features of the organization and labor protection of remote workers
Article 312.4. Features of the working hours and rest time of a remote worker
Article 312.5. Peculiarities of termination of an employment contract on remote work
Article 313
Article 314
Article 315
Article 316
Article 317
Article 318
Article 319. Additional day off
Article 320. Shortened working week
Article 321. Annual additional paid leave
Article 322
Article 323. Guarantees of medical care
Article 324
Article 325
Article 326. Compensation for expenses related to moving
Article 327. Other guarantees and compensations
Article 327.1. General provisions
Article 327.2. Features of concluding an employment contract with an employee who is a foreign citizen or stateless person
Article 327.3. Documents presented by a foreign citizen or stateless person when applying for a job
Article 327.4. Features of the temporary transfer of an employee who is a foreign citizen or stateless person
Article 327.5. Peculiarities of suspension from work of an employee who is a foreign citizen or a stateless person
Article 327.6. Peculiarities of termination of an employment contract with an employee who is a foreign citizen or stateless person
Article 327.7. Features of the payment of severance pay to an employee who is a foreign citizen or stateless person
Article 328. Employment directly related to the movement of vehicles
Article 329
Article 330. Discipline of employees whose work is directly related to the movement of vehicles
Article 330.1. General provisions
Article 330.2. Features of admission to underground work
Article 330.3. Medical examinations (examinations) of workers engaged in underground work
Article 330.4. Suspension from work of workers engaged in underground work
Article 330.5. Additional obligations of the employer in the organization and conduct of underground work
Article 331
Article 331.1. Peculiarities of dismissal of teaching staff
Article 332
Article 333
Article 334. Annual basic extended paid leave
Article 335
Article 336. Additional grounds for termination of an employment contract with a teacher
Article 336.1. Features of the conclusion and termination of an employment contract with a researcher
Article 336.2. Head of a scientific organization, deputy heads of a scientific organization
Article 336.3. Additional grounds for termination of an employment contract with the head, deputy head of a scientific organization
Article 337
Article 338
Article 339
Article 340
Article 341
Article 341.1. General provisions
Article 341.2. Features of labor regulation of employees temporarily sent by a private employment agency to other individuals or legal entities under an agreement on the provision of labor of employees (staff)
Article 341.3. Features of labor regulation of employees temporarily sent by an employer that is not a private employment agency to other legal entities under an agreement on the provision of labor of employees (staff)
Article 341.4. Investigation of an accident that occurred with an employee who was temporarily sent to work under a labor contract for employees (personnel) and who participated in the production activities of the receiving party
Article 341.5. Subsidiary liability for the obligations of the employer arising from labor relations with employees sent temporarily to work under an agreement on the provision of labor of employees (staff)
Article 342. Parties to an employment contract in a religious organization
Article 343. Internal regulations of a religious organization
Article 344
Article 345. Working hours of persons working in religious organizations
Article 346. Liability of employees of religious organizations
Article 347. Termination of an employment contract with an employee of a religious organization
Article 348. Consideration of individual labor disputes of employees of religious organizations
Article 348.1. General provisions
Article 348.2. Features of concluding employment contracts with athletes, with coaches
Article 348.3. Medical examinations of athletes
Article 348.4. Temporary transfer of an athlete to another employer
Article 348.5. Suspension of an athlete from participation in sports competitions
Article 348.6. Sending athletes, coaches to the sports teams of the Russian Federation
Article 348.7. Features of the work of an athlete, part-time coach
Article 348.8. Features of labor regulation of athletes under the age of eighteen
Article 348.9. Features of labor regulation of women athletes
Article 348.10. Additional guarantees and compensations for athletes, coaches
Article 348.11. Additional grounds for terminating an employment contract with an athlete
Article 348.11-1. Additional grounds for terminating an employment contract with a coach
Article 348.12. Features of termination of an employment contract with an athlete, with a coach
Article 349
Article 349.1. Features of labor regulation of employees of state corporations, public companies, state companies
Article 349.2. Features of labor regulation of employees of the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, other organizations created by the Russian Federation on the basis of federal laws, organizations created to fulfill the tasks assigned to federal state bodies
Article 349.3. Limitation of the amount of severance pay, compensations and other payments in connection with the termination of employment contracts for certain categories of employees
Article 349.4. Peculiarities of labor regulation of certain categories of employees of credit institutions
Article 349.5. Placement of information on the average monthly salary of managers, their deputies and chief accountants of organizations in the information and telecommunication network "Internet"
Article 350
Article 351
Article 351.1. Restrictions on employment in the field of education, upbringing, development of minors, organization of their recreation and rehabilitation, medical care, social protection and social services, in the field of youth sports, culture and art with the participation of minors
Article 351.2. Features of labor regulation of persons whose labor activity is related to the preparation and holding of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup in the Russian Federation
Article 351.3. Some features of labor regulation of workers in the field of special assessment of working conditions
Article 351.4. Additional grounds for terminating an employment contract with an assistant, a notary employee
Article 351.5. Features of the labor activity of persons working for residents of the territory of advanced socio-economic development
Part V
Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
Article 352. Ways to protect labor rights and freedoms
Article 353
Article 353.1. Departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms
Section 354. Federal Labor Inspectorate
Article 355
Article 356. Basic Powers of the Federal Labor Inspectorate
Article 357. Fundamental Rights of State Labor Inspectors
Article 358. Obligations of state labor inspectors
Article 359. Independence of state labor inspectors
Article 360. Procedure for organizing and conducting inspections of employers
Article 361. Appeal against decisions of state labor inspectors
Article 362. Liability for violation of labor legislation and other normative legal acts containing labor law norms
Article 363
Article 364. Responsibility of state labor inspectors
Article 365
Article 366. State supervision over compliance with the requirements for safe work at hazardous production facilities
Article 367
Article 368
Article 369. State supervision over compliance with nuclear and radiation safety requirements
Article 370
Article 371. Making decisions by the employer, taking into account the opinion of the trade union body
Article 372
Article 373
Article 374
Article 375. Guarantees for released trade union workers
Article 376
Article 377
Article 378. Responsibility for violation of the rights of trade unions
Article 379. Forms of self-defense
Article 380
Article 381. The concept of an individual labor dispute
Article 382. Bodies for the consideration of individual labor disputes
Article 383. Procedure for consideration of labor disputes
Article 384. Formation of labor dispute commissions
Article 385. Competence of the commission on labor disputes
Article 386
Article 387
Article 388
Article 389. Execution of decisions of the labor dispute commission
Article 390
Article 391. Consideration of individual labor disputes in courts
Article 392
Article 393. Release of employees from legal expenses
Article 394
Article 395. Satisfaction of monetary claims of an employee
Article 396. Execution of decisions on reinstatement at work
Article 397
Article 398. Basic concepts
Article 399
Article 400. Consideration of claims of employees, trade unions and their associations
Article 401. Conciliation procedures
Article 402. Consideration of a collective labor dispute by a conciliation commission
Article 403. Consideration of a collective labor dispute with the participation of a mediator
Article 404. Consideration of a collective labor dispute in labor arbitration
Article 405. Guarantees in connection with the resolution of a collective labor dispute
Article 406. Avoidance of participation in conciliation procedures
Article 407
Article 408. Agreements reached in the course of resolving a collective labor dispute
Article 409. Right to strike
Article 410
Article 411
Article 412. Obligations of the parties to a collective labor dispute during a strike
Article 413. Illegal strikes
Article 414. Guarantees and legal status of employees in connection with a strike
Article 415. Prohibition of lockout
Article 416
Article 417. Responsibility of employees for illegal strikes
Article 418
Article 419. Types of liability for violation of labor legislation and other acts containing labor law norms
Article 420
Article 421
Article 422
Article 423. Application of laws and other normative legal acts
Article 424. Application of this Code to legal relations arising before and after its entry into force
Today, February 1, 2017, is a rather significant date. Exactly 15 years ago, the Labor Code of the Russian Federation was enacted. To the question: “When was the Labor Code of the Russian Federation adopted”, we answer that it was adopted on December 30, 2001, on the basis of Art. 420 of the Labor Code of the Russian Federation was put into effect on February 1, 2002.
The Labor Code of the Russian Federation replaced the Labor Code of the Russian Federation, which was adopted in the last month of 1971. So the current code is still quite young compared to its predecessor. Interestingly, the last change to the Labor Code of the Russian Federation was made just a week before the entry into force of the new code. On the basis of the Decree of the Constitutional Court of the Russian Federation, some norms were recognized as inconsistent with the Constitution.
Why was the new Labor Code adopted?
The Labor Code of the Russian Federation was adopted during the Soviet Union. And therefore, it did not meet the requirements of a real market economy, and the Constitution of the Russian Federation as well.
After 15 years of the Labor Code of the Russian Federation, it can be said that it was adopted in a very “raw” form, as evidenced by the incalculable amendments and changes. I often remember the times when there were no legal reference systems, the Internet, and we usually pasted all the changes and additions directly into the paper copy of the code.
In my opinion, the Labor Code of the Russian Federation was adopted as a kind of compromise solution aimed at securing the rights of workers and employers. At the same time, despite the fact that I fully support workers in the first place, it is on employers that the current Labor Code has placed an unbearable burden of various guarantees and compensations, which often make it economically unprofitable to play by the rules. And this leads to ignoring the conclusion of employment contracts, gray salaries and so on.
Perhaps this should not be associated with the entry into force in 2002 of the Labor Code of the Russian Federation, but in our country there has been a clear stratification. Now I don't mean oligarchs and factory workers. I want to talk about ordinary employees who have become "state employees", "municipal employees" and simply "state employees". The gap in the level of wages, various guarantees and compensations for workers, for example, in the social sphere, is very large. Performing the same work, people have a very different standard of living and the higher it is, the higher the worker rises through the steps of state or municipal service.
Conclusion
Now you know when the Labor Code of the Russian Federation was adopted, what caused it. In my opinion, in society today there is a need not for the adoption of a new Labor Law, no. It is necessary to implement the basic principles of the already existing Labor Code, namely:
- equality of rights and opportunities for employees;
- Ensuring the right of every worker to a fair wage that ensures a decent living for himself and his family.
Every citizen who has a job and is officially arranged according to all the rules and laws wants to work in normal conditions, receive decent pay for his work and at the same time not worry about the future pension. It is in order that every worker can count on fair work that the Labor Code of the Russian Federation exists.
The Labor Code of the Russian Federation is a complex system of rules, definitions, laws and additions to them. It reveals every subtlety of labor standards and relations. The Labor Code of the Russian Federation is the main document that ensures the rights and defines the duties of every working citizen of Russia, as well as regulates the activities of employers throughout the country.
Why is the Labor Code of the Russian Federation needed?
The Labor Code of the Russian Federation is actually much deeper and more multifaceted than it might seem at first glance. It performs three main functions:
- Defines the rights of workers;
- Creates favorable working conditions;
- Protects the rights of formally employed workers
These are just three main functions that cannot fully describe everything that the Labor Code gives and obliges. However, in simple terms, the Labor Code of the Russian Federation is a set of documents that protects absolutely every working person in Russia from the arbitrariness of the authorities or from other circumstances.
What is the TC RF?
This is a fairly large set of rules, for greater convenience, combined into six different parts of the labor code. All of them have their own characteristics and, in general, are quite different from each other:
- First part. It contains the most basic concepts, on the basis of which the rest of the chapters will be built. The most important in the entire Labor Code of the Russian Federation, everyone must familiarize themselves with it at least once;
- The second part. Contains a detailed description of the term "Social partnership in the sphere of work". This part will be of particular interest to employers and will be extremely useful to them;
- The third part. It has nine sections, each of which deals with various details of labor relations and labor in general in the most detailed way. It is especially important for workers to familiarize themselves with this part of the Labor Code of the Russian Federation;
- Fourth part. This part of the Labor Code of the Russian Federation considers the features of labor relations with various categories of citizens;
- The fifth part is completely devoted to labor protection. It is addressed in cases where the rights and freedoms of the worker have been violated;
- The sixth part contains a variety of additions and notes that will help you better understand the Labor Code of the Russian Federation and understand difficult situations.
Who should know the Labor Code of the Russian Federation?
Both the employer and the employee themselves must know the Labor Code. At the same time, they do not need to know it equally. This is due to the fact that not all the subtleties of the Labor Code of the Russian Federation will be required by an ordinary employee. The worker should know only the basic provisions, from which he should understand what he owes the employer, and what the employer owes him. The employer also needs to know the Labor Code in full, since it is he who provides his employees with everything necessary for work.
Remember that ignorance of the labor code can lead to very sad consequences. If the employer has not studied the Labor Code, then he may violate the rights of his own employees, both accidentally and intentionally. And if the Labor Code of the Russian Federation is not known to the employee himself, then he is unlikely to be able to competently defend his rights and demand the benefits he is entitled to by law. At the same time, even the most superficial acquaintance can give you a lot of advantages in employment, at work, and in case of disputes with other employees or even with superiors.
Part one
- Section 1 - General Provisions
Part two
- Section 2 - Social partnership in the sphere of work
Part Three
- Section 3 - Employment contract
- Section 4 - Working hours
- Section 5 - Rest time
- Chapter 17 of the Labor Code of the Russian Federation - General Provisions
- Chapter 18 of the Labor Code of the Russian Federation - Breaks in work. Weekends and non-working holidays
- Chapter 19 of the Labor Code of the Russian Federation - Vacations
- Section 6 - Pay and labor rationing
- Chapter 20 of the Labor Code of the Russian Federation - General Provisions
- Chapter 21 of the Labor Code of the Russian Federation - Salary
- Chapter 22 of the Labor Code of the Russian Federation - Labor rationing
- Section 7 - Guarantees and Compensations
- Chapter 23 of the Labor Code of the Russian Federation - General Provisions
- Chapter 24 of the Labor Code of the Russian Federation - Guarantees when sending employees on business trips, other business trips and moving to work in another area
- Chapter 25 of the Labor Code of the Russian Federation - Guarantees and compensations to employees in the performance of state or public duties
- Chapter 26 of the Labor Code of the Russian Federation - Guarantees and compensations for employees combining work with education
- Chapter 27 of the Labor Code of the Russian Federation - Guarantees and compensations to employees related to the termination of an employment contract
- Chapter 28 of the Labor Code of the Russian Federation - Other guarantees and compensation
- Section 8 - Labor regulations. Labor discipline
- Chapter 29 of the Labor Code of the Russian Federation - General Provisions
- Chapter 30 of the Labor Code of the Russian Federation - Labor Discipline
- Section 9 - Qualification of the employee, professional standard, training and additional professional education of employees
- Chapter 31 of the Labor Code of the Russian Federation - General Provisions
- Chapter 32 of the Labor Code of the Russian Federation - Student Agreement
- Section 10 - Occupational Safety
- Chapter 33 of the Labor Code of the Russian Federation - General Provisions
- Chapter 34 of the Labor Code of the Russian Federation - Labor protection requirements
- Chapter 35 of the Labor Code of the Russian Federation - Organization of labor protection
- Chapter 36 of the Labor Code of the Russian Federation - Ensuring the rights of workers to labor protection
- Section 11 - Liability
- Chapter 37 of the Labor Code of the Russian Federation - General Provisions
- Chapter 38 of the Labor Code of the Russian Federation - Liability of the employer to the employee
- Chapter 39 of the Labor Code of the Russian Federation - Liability of an employee
Part Four
- Section 12 - Features of labor regulation
- Chapter 40 of the Labor Code of the Russian Federation - General Provisions
- Chapter 41 of the Labor Code of the Russian Federation - Features of the regulation of the labor of women, persons with family responsibilities
- Chapter 42 of the Labor Code of the Russian Federation - Features of labor regulation of workers under the age of eighteen
- Chapter 43 of the Labor Code of the Russian Federation - Features of labor regulation of the head of the organization and members of the collegial executive body of the organization
- Chapter 44 of the Labor Code of the Russian Federation - Features of labor regulation of persons working part-time
- Chapter 45 of the Labor Code of the Russian Federation - Features of labor regulation of employees who have concluded an employment contract for a period of up to two months
- Chapter 46 of the Labor Code of the Russian Federation - Features of labor regulation of workers engaged in seasonal work
- Chapter 47 of the Labor Code of the Russian Federation - Features of the regulation of labor of persons working on a rotational basis
- Chapter 48 of the Labor Code of the Russian Federation - Features of labor regulation of employees working for employers - individuals
- Chapter 48.1 of the Labor Code of the Russian Federation - Features of the regulation of the labor of persons working for employers - small businesses that are classified as micro-enterprises
- Chapter 49 of the Labor Code of the Russian Federation - Features of the regulation of the work of homeworkers
- Chapter 49.1 of the Labor Code of the Russian Federation - Features of regulating the work of remote workers
- Chapter 50 of the Labor Code of the Russian Federation
- Chapter 50.1 - Peculiarities of labor regulation of employees who are foreign citizens or stateless persons
- Chapter 51 of the Labor Code of the Russian Federation - Features of labor regulation of transport workers
- Chapter 51.1 of the Labor Code of the Russian Federation - Features of the regulation of the labor of workers employed in underground work
- Chapter 52 of the Labor Code of the Russian Federation - Features of the regulation of the work of pedagogical workers
- Chapter 52.1 of the Labor Code of the Russian Federation - Features of the regulation of the work of scientists, heads of scientific organizations, their deputies
- Chapter 53 of the Labor Code of the Russian Federation
- Chapter 53.1 of the Labor Code of the Russian Federation - Features of the regulation of the labor of workers temporarily sent by the employer to other individuals or legal entities under an agreement on the provision of labor of workers (staff) (comes into force in 2016)
- Chapter 54 of the Labor Code of the Russian Federation - Features of the regulation of labor of employees of religious organizations
- Chapter 54.1 of the Labor Code of the Russian Federation - Features of the regulation of the work of athletes and coaches
- Chapter 55 of the Labor Code of the Russian Federation - Features of labor regulation of other categories of workers
Part Five
- Section 13 - Protection of labor rights and freedoms
- Chapter 56 of the Labor Code of the Russian Federation - General Provisions
- Chapter 57 of the Labor Code of the Russian Federation - State control (supervision) and departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms
- Chapter 58 of the Labor Code of the Russian Federation - Protection of labor rights and legitimate interests of workers by trade unions
- Chapter 59 of the Labor Code of the Russian Federation - Self-defense of labor rights by employees
- Chapter 60 of the Labor Code of the Russian Federation - Consideration and resolution of individual labor disputes
- Chapter 61 of the Labor Code of the Russian Federation - Consideration and resolution of collective labor disputes
Part six
- Section 14 - Final Provisions
- Chapter 62 of the Labor Code of the Russian Federation - Responsibility for violation of labor legislation and other acts containing labor law norms
