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Forms of legal regulation of labor. The system of sources of labor law. Local regulation of labor. Local regulation of labor relations Local legal regulation
According to Art. 5 of the Labor Code of the Russian Federation, labor (hereinafter referred to as the Labor Code of the Russian Federation) and other directly related relations are regulated by labor legislation, including labor protection legislation, as well as collective agreements, agreements, legal and local regulations containing norms labor law.
Labor legislation does not contain definitions of local regulations (hereinafter - local acts). However, according to the meaning of Art. Art. 5, 8 of the Labor Code of the Russian Federation, they are understood as the internal regulatory documents of the organization.
The issue of local regulations (their concept, functions, content and significance in the legal regulation of working conditions) today, especially with the adoption of the Labor Code of the Russian Federation, acquires not so much theoretical as practical significance.
It should be noted that the Labor Code of the Russian Federation filled a gap in labor legislation. In particular, it includes Art. 8, specifically dedicated to local regulations containing labor law norms adopted by the employer in the manner prescribed by law.
The term “local regulations” covers a variety of regulations in its content. The common quality that unites all local acts regulating labor relations (including working conditions) is their intra-corporate nature, which endows them with binding features only in relation to members of one production and labor corporation 1 .
Before analyzing the content of local legal regulations governing the working conditions of employees, it is necessary to consider the legal features of local norms, define the concept of local labor law norms, and determine their functions in relation to modern business conditions of organizations.
Local regulations containing labor law norms occupy the lowest level in the hierarchy of labor law sources. 2
In the modern Russian theory of law, local regulations are legal documents containing legal norms adopted by management entities in organizations of various forms of ownership and departmental subordination. Consequently, local regulations are regulations that regulate the internal life of organizations, for example, internal labor regulations, a collective agreement, a regulation on remuneration, a regulation on attestation of employees, etc. 3
Local acts are approved by employers (with the exception of employers - individuals who are not individual entrepreneurs) within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements (part 1 of article 8 of the Labor Code of the Russian Federation ). 4 Such acts govern certain types of legal relations. In some cases, the need to approve local acts is directly provided for by the Labor Code of the Russian Federation. For example, according to Art. 87 of the Labor Code of the Russian Federation, the procedure for storing and using personal data of employees is established by the employer in compliance with the requirements of the Labor Code of the Russian Federation and other federal laws. It follows from this norm that in order to comply with the procedure for storing and using such data, the employer must adopt the relevant local act and familiarize the employees with it against signature.
The legislation does not provide for unified forms for the adoption of local acts. The exceptions are the staffing table (form N T-3) and vacation schedule (form N T-7), the forms for which are approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment" . 5 The employer determines the forms of other local acts independently. These can be instructions, methods, regulations, rules, standards, etc.
In accordance with Article 8 of the Labor Code of the Russian Federation, the norms of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, as well as local regulations adopted without observing the procedure established by this Code for taking into account the opinion of the representative body of employees, are not subject to application. In such cases, labor legislation and other normative legal acts containing labor law norms, a collective agreement, agreements are applied.
The Supreme Court considered in the court session by way of supervision a civil case on the claim of Trubnikov Yew.N. to JSC "Novoaltaysky plant of reinforced concrete products named after G.S. Ivanov" for the recovery of wages, monetary compensation for delayed payment of wages and non-pecuniary damage on the supervisory complaint Trubnikov Yu.N. against the decision of the Novoaltaysky City Court Altai Territory dated March 11, 2009 and determined that the order of the General Director of JSC "Novoaltaysky plant of reinforced concrete products named after Ivanov G.S." on the establishment of a part-time working week, which is a local normative act, was not subject to application, since it worsened the position of workers in comparison with the established labor legislation and was adopted in violation of Article 8 of the Labor Code. 6
The sources of labor law are usually understood as ways of expressing the law in the rules governing social and labor relations. The specifics of the system of sources of labor law is due to the history of the development of labor legislation and the peculiarities of the Russian legal system.
The Labor Code of the Russian Federation contains in article 5 a system of normative legal acts regulating labor relations. Acts of labor legislation are in a certain relationship, have unity and reflect the features caused by the specifics of the use of labor by certain categories of workers, certain industries and certain climatic conditions in which work is carried out. 7
The sources of labor law include normative acts, primarily the Constitution Russian Federation, acts of subjects of the federation, local governments, local regulations.
The role of local regulation of labor and directly related relations in the modern period is due to its characterization as an auxiliary regulator. This is manifested mainly in the fact that local regulations containing labor law norms cannot be applied without taking into account state standards.
The close connection between centralized acts of labor legislation and local regulations, the need for their simultaneous consideration, both in their establishment and application, is one of the features of the legal regulation of labor and other relations directly related to them in Russia.
In accordance with this, in the mechanism of legal regulation of labor and other relations directly related to them, local regulations perform the most important function - specifying (detailing) the legal norms contained in labor legislation. The function of concretization (detailing) of the implementation of general norms of labor legislation is regulated by legal regulations contained in local acts.
The concretizing value of a local normative act depends on the presence of relevant regulations in it. At the same time, the concretizing norm can be applied only in conjunction with the general norm of law. A certain dependence of legal prescriptions is formed: some establish a general rule, others develop individual details. legal regulation.
The concretization of general norms in the process of local normative regulation of labor relations today remains a kind of continuation of established traditions, especially since a significant part of local rule-making acts are now made up of such social partnership agreements at the organization level as collective agreements. eight
The Labor Code of the Russian Federation plays a special role in the system of sources of labor law. Among the sources of labor law, local regulations play a special role. Recently, the role of local regulation of labor relations with the help of collective agreements, internal labor regulations has increased.
Local regulations or internal regulations are an integral part of Russian legislation. They can in some cases fill in the gaps in legislation by establishing internal procedures (regulations, regulations, etc.) that are not indicated in regulatory legal acts; in others - to ensure only the implementation of the norms of higher regulatory legal acts, without supplementing them; thirdly, to specify in detail certain legal norms by developing recommendations and rules for the application of normative legal acts.
There is a provision in the Labor Code of the Russian Federation, an analogue of which should be enshrined in other branches of legislation: local regulations that worsen the position of workers in comparison with labor legislation, a collective agreement, agreements, or adopted without observing the procedure for taking into account the opinion of the representative body of workers provided for by the Labor Code of the Russian Federation, are recognized as invalid.
Legal monitoring is important for the openness of state activity, awareness of citizens and the public about the state of the legal basis for the development of Russia, as well as for raising the level of legal awareness and legal culture of society as a whole. 9
In particular, Khabrieva T.Ya. at the Third International Workshop for Young Scientists and Specialists noted that legal monitoring should be understood as a comprehensive work on a systematic assessment of the state of legislation at all stages of its creation and application and, in addition to developing a system of typical indicators for the implementation of laws, methods for analyzing and assessing legal situations in the country , region, social group, such a system is needed for the category of individuals or legal entities. There is also a need for a system of mechanisms for conducting public discussions of the state and trends in the development of law enforcement practice 10 .
Labor legislation contains a fairly large number of regulations that differentiate working conditions according to objective and subjective criteria.
A number of labor law norms, including the Labor Code of the Russian Federation, have an official interpretation formed by the judiciary and executive authorities within the limits of their powers.
The concepts of "differentiation in the field of labor law" and "discrimination". Most often, discriminatory norms are contained in the local acts of the employer, in the event of an attempt to regulate or specify certain legal relations, for example, hiring, wage conditions.
In the context of the transition to a market organization of labor, the role of local legal regulation of labor relations is sharply increasing - this is an independent form of implementing laws and other regulatory legal acts. Unlike other forms, it involves the implementation of rule-making functions by the employer independently or taking into account the opinion of the representative body of employees and is associated with the adoption of such regulatory legal acts that are valid only at the enterprise, institution, organization.
The use of this method of regulation allows, on the one hand, the employer to promptly adopt internal acts aimed at ensuring the implementation of external regulatory legal acts, and on the other hand, it enables employees to participate in management through elected representative bodies.
Local regulations adopted at the enterprise determine its special internal legal order. They are closer to mediated social relations than centralized ones, they capture their dynamics faster, more fully take into account the features and specifics of regulation in relation to a particular organization.
The interaction of centralized and local legal regulation is carried out in the following areas:
1. Recognition of the rights and obligations for employers and employees' representatives to local rule-making. Article 8 of the Labor Code also includes local acts containing labor law norms in the system of labor legislation.
The limits of local legal regulation are established by the state by issuing by state bodies:
a) authorizing norms, which provide the employer and the representative of employees with the opportunity to adopt “their” legal provisions on many issues.
This happens with the use of such terms as “may be established”, “allowed”, “has the right”, etc.
So, in a collective agreement, taking into account the financial economic situation of the employer, benefits and benefits for employees, working conditions that are more favorable than those enshrined in laws, other regulations, agreements; the list of positions of employees with irregular working hours is determined by a collective agreement, agreement or internal labor regulations; the employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee, his immediate supervisor or a representative body of employees, etc.;
b) norms that require the employer to issue or adopt a local regulatory act independently, but in compliance with the relevant procedures (the order in which paid holidays are granted should be determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of this organization);
c) norms containing prohibitions and restrictions in the field of local regulation and defining the area of centralized legal regulation (the tariff system for remuneration of employees of enterprises financed from the budget of all levels is established on the basis of a single tariff scale for remuneration of employees in the public sector, approved in the manner established by federal law; it is not allowed to fix in collective agreements or individual labor contracts the working conditions of disabled people (wages, working hours and rest periods, the duration of annual and additional paid holidays, etc.), which worsen their situation in comparison with other workers).
2. Assignment to the employer and the representative bodies of employees of obligations to implement local legal regulation of individual labor relations (on the payment of wages, the establishment of working hours and rest periods, etc.) - For example, the wages of workers in the non-budgetary sphere should be established by collective agreements, agreements, local regulations, labor contracts; the procedure for introducing summarized accounting of working time - by the rules of internal labor regulations.
3. Official recognition of local regulations legal basis to resolve cases in court.
4. Establishment at the federal level of a minimum of legal guarantees (minimum wages, minimum vacation time), which cannot be reduced locally; determining the desired option for the legal regulation of certain types of labor relations by developing appropriate recommendations or exemplary standard legal acts (conclusion of labor contracts related to access to state secrets, contracts on full liability, formation of representative bodies of employees, etc.).
5. Establishing a procedure for the development and adoption of local legal acts.
6. Legal support of the rights of employers and employees in the field of local regulation.
7. Consolidation in federal regulations of legal norms, local rule-making, widely used in practice.
An analysis of the interaction between centralized and local regulation indicates that the latter is subordinate to the law and is of an additional, secondary nature, but plays a significant role in ensuring the labor rights of workers.
The sublegality of local legal acts and norms implies:
Compliance of their content with the provisions of federal and regional laws, other legal acts adopted at these levels of regulation;
Compliance with the required procedure for the adoption (publication) of local acts or norms;
Correct determination of the limits of local rule-making.
State regulation of the procedure for the development and adoption of local regulations of labor and labor procedural law includes: determining the scope of their application, the procedure for adopting the most important (collective agreements, internal labor regulations) and resolving disagreements that arise; corresponding registration of some of them.
In modern conditions, the role of local regulation of labor and related relations is increasing dramatically. This need was reflected in the Labor Code of the Russian Federation, which significantly expanded the limits of contractual and local legal regulation; distributed them to all organizations; improved local regulation of certain types of labor relations; gave employers broad powers in this area.
So, regulation can be carried out within the framework of the enterprise as a whole, in a branch, representative office, or other separate structural unit. It is carried out either by the employer independently or with the participation of employees or their representative bodies and is aimed at streamlining the legal regulation of labor relations. The main significance of this regulation lies in the fact that it provides an opportunity for employers and employees to independently develop rules of conduct that are objectively necessary in the specific conditions of the enterprise, encourages specific subjects of lawmaking at the local level to act.
In connection with the stated legal arguments, in my opinion, it is difficult to share another conclusion of Aliyev A.M.: "The main social value of local regulatory regulation lies in the fact that it ... HELPING TO OVERCOME CONTRADICTIONS IN LEGAL REGULATION related to the dynamism of modern relations , the cumbersomeness of the legislation, the conflicts it contains". eleven
LNA regulate labor and other directly related relations that develop in this particular organization or with this particular individual entrepreneur. Local norms, as a rule, regulate the same range of legal relations in the sphere of labor as the general norms of labor legislation, but taking into account their peculiarities in the specific conditions of an employer. For example, the duration of the working week, the duration of annual paid leave are established by Art. 91, 115 of the Labor Code of the Russian Federation, and the distribution of working time (work schedule) in the specific conditions of a given employer, taking into account the specifics of production and labor, can be established using local legal norms (for example, internal labor regulations, work schedule of the organization, shift schedule, etc.) .
carried out directly in the sphere of labor - with employers;
It has a subordinate nature and cannot contradict centralized regulation;
· it is aimed at streamlining such public relations that are specific to a given employer and are not regulated (or not fully regulated) in a centralized manner;
carried out in many cases with the participation of the employees of the organization or their representative body.
The procedure for adopting LNA is very important. Acts adopted in violation of the established procedure for taking into account the opinion of the representative body of employees are considered invalid from the moment of adoption and are not subject to application.
MAIN TYPES:
By scope LNA of general (broad) and special (narrow) action are distinguished. LNA general (broad) action include norms relating to the regulation of various aspects of the labor relationship. Such local acts include, for example, internal labor regulations or regulations on personnel. LNA special (narrow) action either regulate certain aspects of the employment relationship, such as the vacation schedule or the regulation on wages, or their effect applies only to certain categories of employees, for example, instructions for working with clients, regulations on the certification of employees.
By the term of the LNA can be subdivided into acts indefinite duration and certain period of validity(vacation schedule). The indefinite period of validity of the LNA (until it is replaced by new ones or until it is canceled) allows you to quickly take into account changing working conditions and at the same time establish the appropriate regulatory regulation in a timely manner.
According to the method of taking LNA: acts adopted by the employer, taking into account the opinion of the representative body of the employees of the organization and sole acts of the employer.
According to the degree of obligation LNA can be divided into mandatory (prescribed by law), mandatory under certain conditions (for example, subject to certification) and optional (optional, taken solely by the decision of the employer).
12. The effect of normative acts on labor in the circle of persons, in time and space
Local labor regulation:
1. It is carried out directly in the organization, at the employer;
2. It is aimed at streamlining, standardizing social and labor relations that are developing with a given employer;
3. It is derived from centralized legal regulation and is carried out by exercising the powers for local regulation established by law;
4. It is characterized by greater dynamism than centralized;
5. Carried out in a regulatory (by adopting local legal acts) and contractual procedure (carried out by concluding, amending and supplementing collective and labor agreements by employees and employers (Article 9 of the Labor Code of the Russian Federation));
Local regulations establish legal norms, rules of conduct that are mandatory for an indefinite circle of employees working in a given organization for a given employer, designed for repeated application, valid regardless of whether the specific legal relationship provided for by the act has arisen or terminated.
When adopting local regulations, the statutory requirements of the procedure for adopting local regulations must be observed.
Local legal acts accept:
1. Employers alone, with the exception of employers of individuals who are not individual entrepreneurs within their competence
2. Employers, taking into account the opinion of the representative body of workers - the trade union committee, in cases provided for by the Labor Code of the Russian Federation, other Federal Laws, or other regulatory legal acts of the Russian Federation, a collective agreement, agreements (part 2 of article 8, article 372 of the Labor Code of the Russian Federation). The opinion of the trade union committee is advisory in nature and is not binding on the employer.
3. Employers in agreement with the representative body of employees, if this is provided for by the collective agreement or agreements (part 3 of article 8 of the Labor Code of the Russian Federation).
Mandatory LNA:
· Internal labor regulations (189);
· Shift schedules (103);
· Vacation schedule (123);
· Regulations on the procedure for processing (obtaining, storing, using) the personal data of an employee (86.87);
· Acts providing for the introduction of replacement and revision of labor standards (162);
· Acts defining the shift work schedule (297.301).
The norms of local regulations, the terms of collective and labor agreements that worsen the position of employees, restrict their rights or reduce the level of guarantees compared to those established by labor legislation, other legal acts are invalid and are not subject to application (part 4 of article 8, part 2 of article 9 of the Labor Code of the Russian Federation).
7. The concept, types of subjects of labor law and their general characteristics.
Subjects of labor law are individuals and legal entities that, on the basis of labor law norms, are or may be participants in legal relations in the sphere of labor, namely: labor relations and other relations directly related to them, are recognized as holders of subjective labor rights and obligations.
Each subject of labor law has its own legal status. It is determined both by the labor code and other normative legal acts containing labor law norms.
1. Labor legal personality is a special property recognized by labor legislation for subjects of labor law, which means that, under certain conditions, they are able to be subjects of legal relations in the sphere of labor:
· Employment capacity - equal opportunity provided by the state and established by labor legislation to enter into labor relations and directly related relations;
· Labor capacity - the ability and legal possibility established by labor legislation to exercise labor rights and obligations by one's actions;
· Delictual capacity - the ability of the subject of labor law to answer for labor offenses committed by him.
2. Basic statutory labor rights and obligations established by law.
3. Legal guarantees for the implementation of basic labor rights and the fulfillment of basic labor duties.
4. Responsibility for violation (failure to perform or improper performance) of labor duties.
There are two types of statuses:
1. The general legal status is established for each type of subject of labor law as a whole.
2. Special legal status is a manifestation of the general legal status to the intraspecific features of the subjects of labor law.
Types of subjects of labor law:
· Employers (individuals and legal entities);
· Employees;
· Representatives of employees (trade unions, their associations, other trade union organizations, their bodies, other representatives);
· Representatives of employers (heads of organizations, persons authorized by them, associations of employers);
· Bodies of social partnership;
· Bodies for consideration of individual and collective labor disputes;
Implementation bodies state control(supervision) and departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms;
· Employment promotion agencies;
Organs state power and local governments;
· Ombudsmen for human rights in the Russian Federation and subjects of the Russian Federation;
Other subjects of legal relations in the sphere of labor.
Local regulatory legal acts belong to the category of subordinate sources of law, which are at the lowest level of the legal hierarchy. They have a limited scope and must not conflict with laws and regulations. This variety of sources of labor law is associated, as a rule, with social partnership rule-making activities carried out directly in organizations between the employer (enterprise administration, entrepreneur) and employees. With the transition to market economic relations, the collective agreement, agreements on labor protection and other acts of joint rule-making are gradually acquiring a leading role in quantitative and qualitative (substantive) terms. Local regulations also include orders of the employer and the administration of organizations adopted within their competence.
Employers, with the exception of employers - individuals who are not individual entrepreneurs, adopt local regulations containing labor law norms within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements.
In cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, the employer, when adopting local regulations, takes into account the opinion of the representative body of employees (if there is such a representative body).
The collective agreement, agreements may provide for the adoption of local regulations in agreement with the representative body of employees.
The norms of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, as well as local regulations adopted without complying with the established Art. 372 of the Labor Code of the Russian Federation on the procedure for taking into account the opinion of the representative body of employees are not subject to application. In such cases, labor legislation and other normative legal acts containing labor law norms, a collective agreement, agreements are applied.
Collective agreements, agreements, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, then they are not subject to application.
Didactic unit
Test number 1. The system of sources of labor law includes:
1) federal regulatory legal acts;
2) resolutions of the Plenum Supreme Court RF;
3) regulatory legal acts of the constituent entities of the Russian Federation;
4) acts of local governments;
5) local regulations;
6) employment contracts;
7) labor practices.
Test number 2. Labor legislation in accordance with the Constitution of the Russian Federation includes:
1) to the exclusive competence of the Russian Federation;
2) to the exclusive competence of the subjects of the Russian Federation;
3) to the joint competence of the Russian Federation and subjects of the Russian Federation;
4) to the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation.
Test number 3. Special normative legal acts containing labor law norms are:
1) Law of the Russian Federation "On employment in the Russian Federation";
2) Law of the Russian Federation "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Areas";
3) Federal Law "On the State Civil Service of the Russian Federation";
4) Federal Law "On trade unions, their rights and guarantees of activities";
5) Decree of the President of the Russian Federation "On liability for violation of the labor rights of citizens";
6) Decree of the Government of the Russian Federation “On the procedure for concluding contracts and attesting managers;
7) Law "On Federal State Unitary Enterprises".
Test number 4. Admission to the civil service is carried out on the basis of:
1) appointment to a position;
2) approval in the position;
3) according to the results of the competition;
4) concluded service contract.
Test number 5. Article 258 of the Labor Code of the Russian Federation, which prohibits sending pregnant women on business trips, engaging in overtime work, night work, weekends and public holidays, is:
1) norm-principle;
2) norm-definition;
3) norm-benefit.
Test number 6. Article 289 of the Labor Code of the Russian Federation, which contains a ban on establishing a test when applying for a job for a period of up to two months, is:
1) norm-principle;
2) norm-definition;
3) norm-adaptation;
4) norm-withdrawal.
Test number 7. Article 273 of the Labor Code of the Russian Federation, which establishes that the head of an organization is an individual who, in accordance with the law or the constituent documents of the organization, manages this organization, including performing the functions of its sole executive body, is:
1) norm-adaptation;
2) norm-withdrawal;
3) rate-benefit;
4) norm-principle;
5) norm-definition.
Test number 8. A civil servant after dismissal is not entitled to perform work on the terms of a civil law contract for _______, if individual functions were included in it official duties:
1) one year;
2) two years;
3) without time limit;
4) before retirement.
Test number 9. A conflict of interest is:
1) individual service dispute;
2) unresolved disagreements with the representative of the employer;
3) personal interest.
Test number 10. The use of information on income, property and property obligations of a civil servant to determine his solvency:
1) not allowed;
2) allowed;
3) only allowed to collect donations.
Test number 11. Article 30 of the Constitution of the Russian Federation establishes:
1) the principle of freedom of labor;
3) the right to protection against unemployment;
4) the right to education;
5) the right to judicial protection.
Test number 12. Article 32 of the Constitution of the Russian Federation establishes:
1) the principle of freedom of labor;
2) the right to form trade unions;
3) the right to equal access to public service;
4) the right to protection against unemployment;
5) the right to health care;
6) the right to education.
Test number 13. Article 37 of the Constitution of the Russian Federation proclaims:
1) labor is free;
2) the right to protection against unemployment;
3) the right to rest;
4) the right to create trade unions;
5) the right to vocational training and retraining;
6) the right to remuneration;
7) the right to labor disputes.
Test number 14. In accordance with Part 3 of Art. 37 of the Constitution of the Russian Federation, everyone has the right to work in conditions that meet the requirements:
1) safety and hygiene;
2) safety precautions;
3) industrial sanitation.
Test number 15. In accordance with Part 3 of Art. 37 of the Constitution of the Russian Federation, everyone has the right to remuneration for work without any discrimination and not lower than that established by federal law:
1) the minimum wage;
2) living wage;
3) decent wages.
Test number 16. As a general rule, the Labor Code of the Russian Federation applies to legal relations that have arisen:
1) prior to its entry into force;
2) after its entry into force;
Test No. 17. If the last day of the term falls on a non-working day, then the expiration day of the term is considered:
1) this non-working day;
2) the next working day following it;
3) the next following day off;
4) the last day of the current month.
Test number 18. The period with which the Labor Code of the Russian Federation connects the termination of labor rights and obligations begins:
1) on the same day when the termination of the employment relationship took place;
2) on the next day after the calendar date on which the termination of the employment relationship is determined;,
3) two days after the calendar date, which determined the end of the employment relationship;
4) three days after the calendar date, which determined the end of the employment relationship.
Test number 19. Law of the Russian Federation of June 18, 1992 No. 3061-1 "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster" applies to the territory:
1) the Russian Federation;
2) Ukraine;
3) exposed to radioactive contamination as a result of the disaster at the Chernobyl nuclear power plant;
4) Kyiv region of Ukraine.
Test number 20. The General Agreement applies to the territories:
1) the Russian Federation;
2) Central federal district;
3) Moscow;
4) the Central Administrative District of Moscow.
Test number 21. A form of expression of the state will aimed at regulating labor and other relations directly related to them,– is the source of labor law in _________ sense:
1) material;
2) cultural;
3) legal;
4) economic.
Test number 22. The source of labor law in Russia can be:
1) legal custom;
2) legal precedent;
3) normative act.
Test number 23. Comprehensive sources of labor law are:
1) Federal Law "On trade unions, their rights and guarantees of activity";
2) Federal law "On production cooperatives";
3) Federal Law "On Agricultural Cooperation".
Test number 24. Decrees of the Government of the Russian Federation containing labor law norms should not contradict:
1) the Labor Code of the Russian Federation;
2) federal laws;
3) decrees of the President of the Russian Federation;
4) normative legal acts of federal executive bodies;
5) laws of subjects of the Russian Federation.
Test number 25. Normative legal acts of federal executive bodies containing labor law norms must not contradict:
1) the Labor Code of the Russian Federation;
2) other federal laws;
3) decrees of the President of the Russian Federation;
4) Decrees of the Government of the Russian Federation;
5) normative legal acts of the constituent entities of the Russian Federation;
6) local regulations.
Test number 26. The Federal Law of July 27, 2004 "On the State Civil Service of the Russian Federation" contains features of the regulation of the working conditions of civil servants regarding:
1) ensuring employment and employment;
3) working time and rest time;
4) wages;
5) labor disciplines;
6) material liability of the parties to the labor relationship.
Test number 27. The Law of the Russian Federation of February 19, 1993 "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Areas" contains features of the regulation of working conditions relating to:
1) working time and rest time;
2) wages;
3) guarantees and compensations;
4) labor disciplines;
5) material liability of the parties to the employment contract.
Test number 28. Forced labor is:
1) performance of irregular paid work;
2) performance of overtime work;
3) performance of work under the threat of any punishment;
4) performance of work on non-working holidays.
International legal acts as sources of labor law in Russia.
Acts of international legal regulation.
According to part 4 of article 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 legal system RF. This provision is also reflected in Article 10 of the Labor Code. If an international treaty of the Russian Federation establishes other rules than those provided for by laws and other regulatory legal acts containing labor law norms, the rules international treaty. In labor law, such norms of international law are:
human rights pacts approved by the UN General Assembly in 1966;
In the International Covenant on Economic, Social and Cultural Rights the most important labor rights are fixed: the right to work, the right to fair and favorable conditions labour, including fair wages without discrimination, the right to rest, the right to trade union organization, the right to strike, etc. In the International Covenant on Civil and Political Rights contains rules on the prohibition of forced labor and the free exercise of the right of association.
Local regulations. A specific source of labor law is a local normative act adopted by the employer within its competence. Such an act applies to all employees of a given organization or to certain categories of employees specifically indicated in the act itself. As a rule, a local normative act is adopted taking into account the opinion of the representative body of employees. Such a procedure is established for the adoption of local regulations directly named in the Code, other federal laws, other regulatory legal acts or in agreements, a collective agreement.
The main purpose of local acts is to specify labor legislation, taking into account the organization of labor and the conditions of a particular enterprise (organization), to increase the guarantees provided to employees by law and by-laws, as well as to establish working conditions, the definition of which is directly related to the competence of the employer.
To the most important local regulations relate:
✓local acts that establish labor standards, regardless of their name. (Article 162 of the Labor Code);
✓shift schedules, (Article 103 of the Labor Code);
✓local regulations establishing the wage system (Article 135 of the Labor Code);
✓rules of internal labor regulations (Articles 189 and 190 of the Labor Code);
✓instructions on labor protection (Article 212 of the Labor Code).
In practice, such a local normative act as staff regulations. Usually it is accepted by the head of the organization in which the collective agreement is not concluded.
Local regulations must comply with labor laws. Acts that worsen the situation of employees in comparison with labor legislation, a collective agreement, agreements, or adopted without observing the procedure for taking into account the opinion of the representative body of employees provided for by the Labor Code, are invalid and are not subject to application from the moment they are adopted. In such cases, laws or other normative legal acts containing labor law norms are applied.
