New edition Art. 5 Labor Code of the Russian Federation

Regulation labor relations and other directly related relations in accordance with the Constitution of the Russian Federation, federal constitutional laws:

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

other normative legal acts containing labor law norms:

decrees of the President of the Russian Federation;

resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies;

normative legal acts of the executive authorities of the constituent entities of the Russian Federation;

regulatory legal acts of bodies local government.

Labor relations and other directly related relations are also regulated by collective agreements, agreements and local regulations containing labor law norms.

Labor law norms contained in other federal laws must comply with this Code.

In the event of any conflict between this Code and another federal law containing labor law norms, this Code shall apply.

If a newly adopted federal law containing labor law norms contradicts this Code, then this federal law shall be applied subject to the introduction of appropriate amendments to this Code.

Amendments to this Code, as well as suspension of its provisions or recognition of such provisions as invalid, shall be carried out by separate federal laws. Provisions providing for the introduction of amendments to this Code, the suspension of its provisions or the recognition of such provisions as invalid, cannot be included in the texts of federal laws that amend other legislative acts of the Russian Federation, suspend their operation or recognize them as invalid, or contain an independent subject legal regulation.

Decrees of the President of the Russian Federation containing labor law norms must not contradict this Code and other federal laws.

Decrees of the Government of the Russian Federation containing labor law norms must not contradict this Code, other federal laws and decrees of the President of the Russian Federation.

Normative legal acts of federal executive bodies containing labor law norms must not contradict this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

The laws of the constituent entities of the Russian Federation containing labor law norms must not contradict this Code and other federal laws. Normative legal acts of the executive authorities of the constituent entities of the Russian Federation shall not contradict this Code, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation and regulatory legal acts of the federal executive authorities.

Local self-government bodies have the right to adopt regulatory legal acts containing labor law norms within their competence in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Commentary on Article 5 of the Labor Code of the Russian Federation

Article 5 of the Labor Code of the Russian Federation specifies regulations that govern labor relations.

Another commentary on Art. 5 of the Labor Code of the Russian Federation

1. The system of sources of labor law norms includes two blocks: a) normative-legal, created by public authorities and a specific employer; b) contractual-legal, created by employees together with employers. Article 5 of the Labor Code of the Russian Federation describes the regulatory legal block of sources of labor law, created by the bodies public authority.

Part 1 Art. 5 contains a list of normative legal sources of labor law norms, arranged in a hierarchical order depending on their legal force. Naturally, the Constitution of the Russian Federation and federal constitutional laws have absolute legal supremacy within the legal system of Russia as a whole. With regard to the sphere of labor and related relations, the legal supremacy is given, following the constitutional legislation, to labor legislation, which includes the Labor Code and other federal laws containing labor law norms.

The lowest level in the hierarchy of public law normative sources of labor law is occupied by normative legal acts of local governments.

The list of normative legal sources of labor law norms, given in Part 1 of Art. 5 is not exhaustive, since, in accordance with Art. and it must be supplemented by local regulations of the employer, generally recognized principles and norms international law, legislative and by-laws of the former USSR(see art. , 10 and 423 of the Labor Code of the Russian Federation and commentary to them).

2. The legal supremacy in the system of normative legal sources of labor law norms belongs to the Labor Code, and it manifests itself in the following:

a) labor law norms contained in any regulatory legal act must comply with the Labor Code of the Russian Federation (paragraph 2, part 1, article 5);

b) other laws and other regulatory legal acts in force on the territory of the Russian Federation are subject to harmonization with the Labor Code of the Russian Federation ();

c) in case of contradictions between the Code and other federal laws containing labor law norms, the Labor Code (part 4 of article 5) is applied;

d) if the newly adopted federal law contradicts the Labor Code, then it is applied subject to the introduction of appropriate amendments to the Code (part 5 of article 5).

Thus, the Labor Code of the Russian Federation has legislative priority in regulating labor and other relations directly related to them in comparison with any other laws and by-laws of federal, regional and local significance.

3. The legal supremacy of the Code naturally extends to all subordinate regulatory legal acts, including decrees of the President of the Russian Federation (parts 3 and 6 of article 5), resolutions of the Government of the Russian Federation (paragraph 5 of part 1 and part 7 of article 5) , normative legal acts of federal executive bodies (paragraph 6, part 1 and part 8, article 5), laws and other regulatory legal acts of the constituent entities of the Federation (part 9, article 5), as well as acts of local governments (part 10 article 5).

Full text of Art. 5 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 5 of the Labor Code of the Russian Federation.

The regulation of labor relations and other relations directly related to them in accordance with the Constitution of the Russian Federation, federal constitutional laws is carried out:
labor legislation (including legislation on labor protection), consisting of this Code, other federal laws and laws of the constituent entities of the Russian Federation containing labor law norms;
other normative legal acts containing labor law norms:
decrees of the President of the Russian Federation;
resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies;
normative legal acts of the executive authorities of the constituent entities of the Russian Federation;
normative legal acts of local governments.

Labor relations and other directly related relations are also regulated by collective agreements, agreements and local regulations containing labor law norms.

Labor law norms contained in other federal laws must comply with this Code.

In case of contradictions between this Code and another federal law containing labor law norms, this Code shall apply.

If a newly adopted federal law containing labor law norms contradicts this Code, then this federal law shall be applied subject to the introduction of appropriate amendments to this Code.

Decrees of the President of the Russian Federation containing labor law norms must not contradict this Code and other federal laws.

Decrees of the Government of the Russian Federation containing labor law norms must not contradict this Code, other federal laws and decrees of the President of the Russian Federation.

Normative legal acts of federal executive bodies containing labor law norms must not contradict this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

The laws of the constituent entities of the Russian Federation containing labor law norms must not contradict this Code and other federal laws. Normative legal acts of the executive authorities of the constituent entities of the Russian Federation shall not contradict this Code, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation and regulatory legal acts of the federal executive authorities.

Local self-government bodies have the right to adopt regulatory legal acts containing labor law norms within their competence in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Commentary on Article 5 of the Labor Code of the Russian Federation

1. The title and content of the commented article gives reason to believe that the legislator has made an attempt to consolidate the system of sources of Russian labor law in it. At the same time, the source is understood here in a formal sense, that is, as a form of external expression of the content of legal norms.

________________
See: Labor law of Russia: a textbook for universities / A.V. Zavgorodniy, V.V. Korobchenko, A.V. Kuzmenko and others; Under total ed. E.B. Khokhlova, V.A. Safonova. M.: Yurayt-Izdat LLC, 2008. P.164.

The article not only fixes the system of normative legal acts regulating labor and directly related relations, but also determines the place of collective agreements and agreements, as well as local normative legal acts containing labor law norms.

The basis of the system of legal regulation of labor and directly related relations is created by the Constitution of the Russian Federation:
- firstly, the Constitution of the Russian Federation defines the system of normative legal acts regulating labor relations, establishes their types, scope, refers labor legislation to joint management the Russian Federation and its subjects, determines the place of international law in the Russian legal system, etc.;
- secondly, the Constitution of the Russian Federation is a normative legal act of direct action, and the rights of citizens enshrined in the Constitution of the Russian Federation are directly applicable, which, in particular, is stated in the resolution of the Plenum of the Armed Forces of the Russian Federation dated October 31, 1995 N 8 "On Certain Issues application by the courts of the Constitution of the Russian Federation in the administration of justice";
- thirdly, the Constitution of the Russian Federation establishes the fundamental principles of legal regulation of labor and directly related relations. These include:
1) the principle of freedom of labor, including the prohibition of forced labor and the right to freely dispose of one's abilities for work, to choose the type of activity and profession (parts 1 and 2 of article 37);
2) the principle of legal equality of employees and the prohibition of discrimination in the sphere of labor (part 4 of article 13, article 19, part 3 of article 37);
3) the right of workers to the necessary conditions labor, including the right to work in conditions that meet the requirements of safety and hygiene, to a fair remuneration for work that ensures a satisfactory existence of a person and his family members and not lower than the minimum established by the state (parts 3 and 5 of article 37, part 1 article 41);
4) all-round protection of the family, motherhood and childhood (art. 38);
5) the right of workers to create trade unions(part 4 of article 13, article 30);
6) the possibility of protecting labor rights by all means provided for by the Constitution and laws, including in judicial order(Art. 33, part 4 of article 37, art. 45, art. 46, part 1 of article 47, part 1 of article 48) and others.

In addition to the Constitution of the Russian Federation, federal constitutional laws are of fundamental importance. True, their significance lies not in their special constituent character, but in the legal force that the Constitution of the Russian Federation gives them. For labor law, for example, the Federal Law "On the state of emergency" is of great importance, which determines the degree of restriction of the labor rights of citizens in emergency circumstances.

2. Part 1 of the commented article sets out a system of normative legal acts in the sphere of labor, built on the principle of reducing their legal force.

Regulatory legal acts are divided into two types - labor legislation and subordinate regulatory legal acts containing labor law norms.

It should be noted that the Federal Law of June 30, 2006 N 90-FZ changed the approach to the concept of "labor legislation". Unlike the previous edition, today labor legislation (including labor protection legislation) consists of the Labor Code of the Russian Federation, other federal laws and laws of the constituent entities of the Russian Federation containing labor law norms. Previously, these normative acts were not united by the concept of "labor legislation". At the same time, "the concept of" labor legislation "is of a general (cross-cutting) nature and is used in this sense in all articles of the Labor Code of the Russian Federation.

________________
See: Shapoval E.A. On the relationship between the concepts of "sources of labor law" and "labor legislation" // Labor law in Russia and abroad. 2011. N 3. S.16-21.

The first among the main sources of labor law is the Labor Code of the Russian Federation. This is the fourth domestic codified act on labor after the Labor Code of the RSFSR of 1918, the Labor Code of the RSFSR of 1922 and the Labor Code of the RSFSR of 1971 (and if we consider the Charter on Industrial Labor of 1913 as the first codified act, then the Labor Code of the Russian Federation is already the fifth such document).

________________
See more about the history of labor legislation: Kiselev I.Ya. Labor law of Russia and foreign countries. International Labor Standards: Textbook / I.Ya.Kiselev, A.M.Lushnikov. Ed. M.V. Lushnikova. Ed. 3rd, revised. and. add. M.: Eksmo, 2008. S.21-64.

The meaning of the Labor Code of the Russian Federation is as follows. First, it has a huge socio-political and economic importance. The Code reflected the main changes in the socio-economic development of the country - the recognition of the diversity of property, freedom entrepreneurial activity and others.

Secondly, the legal significance of the Labor Code of the Russian Federation is great:
- The Code regulates the whole range of social relations in the sphere of labor;
- The Code defines the system of labor law and labor legislation, the scope of legal norms, the unity and differentiation of labor legislation;
- The Code points to the need to adopt other normative legal acts to regulate certain social relations in the sphere of labor.

In addition, the Labor Code of the Russian Federation has priority over all other regulatory legal acts, collective agreements and agreements in the field of labor.

In addition to the Labor Code of the Russian Federation, labor relations are also regulated by other federal laws, some of which were adopted even before its entry into force.

A number of laws regulate relations directly related to labor. This, for example, is the Law of the Russian Federation "On Employment in the Russian Federation", which determines the state policy in the field of employment and protection against unemployment, the legal status of the unemployed, employment agencies and other issues.

The Federal Law "On Trade Unions" fixes the legal status of trade unions in our country, their rights in the sphere of representation and protection of the rights of workers, guarantees of activity.

Quite a lot of federal laws contain norms aimed at regulating labor relations with the participation of certain categories of workers.

Examples are the Law of the Russian Federation of February 19, 1993 N 4520-1 "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Localities", the Federal Law "On railway transport in the Russian Federation" and others.

Yu.P. Orlovsky emphasizes the inapplicability of civil law norms to labor relations.

________________
Orlovsky Yu.P. Reform of labor legislation // Labor law. 2012. N 5. P.5-18.

An illustration of this is the ruling of the Moscow City Court dated March 2, 2011 in case N 33-5504 / 2011, which established that an employment contract cannot be invalidated, since labor legislation does not contain a mechanism for recognizing employment contract invalid, and the norms of the Civil Code of the Russian Federation cannot be applied to labor relations (see also the decision of the Federal Antimonopoly Service of the North Caucasus District of March 20, 2012 in case N A32-14952 / 2011).

A feature of the system of sources of labor law is a fairly wide application of regional legislation. This is discussed in more detail in the commentary to Art. 6 of the Labor Code of the Russian Federation.

3. A significant role in the regulation of labor and directly related relations is assigned to subordinate normative legal acts. the greatest legal force among them are decrees of the President of the Russian Federation.

It should be noted that recently this source of law has been used to regulate labor relations less frequently than before, however, their importance is still great. In particular, many policy documents are approved through decrees (for example, Decree of the President of the Russian Federation of May 7, 2012 N 597 "On measures to implement state social policy"), and the work of civil servants is also regulated.

Decrees of the Government of the Russian Federation are of great importance among the sources of labor law. In a number of cases, the Labor Code of the Russian Federation directly provides for the need to regulate relations by the Government of the Russian Federation.

Another commentary on Art. 5 Labor Code of the Russian Federation

1. The system of sources of labor law norms includes three blocks: 1) regulatory, created Russian authorities public authorities and a specific employer, which also includes legislative and by-laws of the former USSR; 2) contractual law, created by employees together with employers; 3) international law, formed by generally recognized principles and norms of international law (see art. 8 - 10, 423 of the Labor Code and comments thereto).

In part 1 of Art. 5 of the Labor Code provides a list of sources of labor law norms that are contained in acts created by Russian public authorities and the employer. The list is arranged in a hierarchical order, depending on the legal force of the acts included in it, among which, along with the Constitution of the Russian Federation, labor legislation, which includes the Labor Code of the Russian Federation and other federal laws containing labor law norms, has legal supremacy. The lowest level in this list is occupied by regulatory legal acts of local governments and local regulatory acts of the employer. The list of acts that fill the contractual legal block is given in Part 1 of Art. 9 of the Labor Code (see article 9 of the Labor Code and commentary to it).

2. The legal supremacy belonging to the Labor Code in the system of normative legal sources of labor law is manifested in the fact that the norms of labor law contained in any other normative legal act must always comply with the Labor Code (part 3 of article 5), all other laws and other regulatory legal acts in force on the territory of the Russian Federation are subject to harmonization with the Labor Code (part 2 of article 422), if the norms of the Labor Code conflict with the norms of other federal laws, the norms of the Labor Code (part 4 of article 5) are applied if the newly adopted federal law contradicts TC, then it is applied only subject to the introduction of appropriate changes to the Code (part 5, article 5). Thus, the norms of the Labor Code in the system Russian legislation given priority in the regulation of social and labor relations in comparison with any other laws of federal or regional significance.

3. The legal supremacy of the Labor Code applies to all subordinate regulatory legal acts, including decrees of the President of the Russian Federation (part 6, article 5), resolutions of the Government of the Russian Federation (part 7, article 5), regulatory legal acts of federal executive bodies (part 8, article 5), regulatory legal acts of the subjects of the Federation (part 9 of article 5), acts of local governments (part 10 of article 5) and local regulations of the employer. The features of this block of sources of labor law norms are the regional laws present in it and other regulatory legal acts of the subjects of the Russian Federation, which, in accordance with Part 9 of Art. 5 of the Labor Code of lesser legal force than federal laws, decrees of the President of the Russian Federation and other federal regulations, including resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies, as well as local regulations adopted directly by the employer (see Article 8 of the Labor Code and comment on it).

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Labor Code, N 197-FZ | Art. 5 Labor Code of the Russian Federation

Article 5 of the Labor Code of the Russian Federation. Labor legislation and other acts containing labor law norms (current version)

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

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

other normative legal acts containing labor law norms:

decrees of the President of the Russian Federation;

resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies;

normative legal acts of the executive authorities of the constituent entities of the Russian Federation;

normative legal acts of local governments.

Labor relations and other directly related relations are also regulated by collective agreements, agreements and local regulations containing labor law norms.

Labor law norms contained in other federal laws must comply with this Code.

In case of contradictions between this Code and another federal law containing labor law norms, this Code shall apply.

If a newly adopted federal law containing labor law norms contradicts this Code, then this federal law shall be applied subject to the introduction of appropriate amendments to this Code.

Amendments to this Code, as well as suspension of its provisions or recognition of such provisions as invalid, shall be carried out by separate federal laws. Provisions providing for the introduction of amendments to this Code, the suspension of its provisions or the recognition of such provisions as invalid, cannot be included in the texts of federal laws that amend other legislative acts of the Russian Federation, suspend their operation or recognize them as invalid, or contain an independent subject of legal regulation. .

Decrees of the President of the Russian Federation containing labor law norms must not contradict this Code and other federal laws.

Decrees of the Government of the Russian Federation containing labor law norms must not contradict this Code, other federal laws and decrees of the President of the Russian Federation.

Normative legal acts of federal executive bodies containing labor law norms must not contradict this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

The laws of the constituent entities of the Russian Federation containing labor law norms must not contradict this Code and other federal laws. Normative legal acts of the executive authorities of the constituent entities of the Russian Federation shall not contradict this Code, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation and regulatory legal acts of the federal executive authorities.

Local self-government bodies have the right to adopt regulatory legal acts containing labor law norms within their competence in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

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Commentary on Art. 5 Labor Code of the Russian Federation

1. The commented article is devoted to the sources of labor law. First of all, this article emphasizes that labor relations and relations directly related to them are regulated by labor legislation, i.e. Labor Code, other federal laws, laws of the constituent entities of the Russian Federation.

Thus, the Code defines the concept of labor legislation. It consists only of laws, both federal and subjects of the Russian Federation. The regulation of labor and directly related relations by laws containing labor law norms means that such acts, by sectoral affiliation, may be acts of labor law, or may not relate to labor law but contain labor regulations. So, the sources of labor law include the Law on Railway Transport, which, although not generally a labor law, contains Art. Art. 25 and 26, regulating the labor relations of railway workers.

The concept of labor law in new edition Art. 5 corresponds to the reference articles of the Labor Code, which contain an indication not of legislation, consisting of all regulatory legal acts, but of the law, if a particular issue is resolved at this level, or of the law and other regulatory legal acts on the issue regulated by them. This ensures the exact addressee of the future regulatory legal act.

2. The regulation of labor and directly related relations is carried out in accordance with the Constitution of the Russian Federation, which contains fundamental provisions that determine the basic principles of the Labor Code and all other regulatory legal acts on labor. Labor and directly related relations are regulated (in many cases) by laws and other regulatory legal acts on labor, specifying the provisions of Art. 37 of the Constitution of the Russian Federation. This article proclaims freedom of labor, prohibits forced labor, provides for: the right to work in conditions that meet the requirements of safety and hygiene; the right to remuneration for work; the right to protection from unemployment, and also recognizes the right to individual and collective labor disputes, and enshrines the right to rest.

3. The content of the norms of labor legislation is also determined by federal constitutional laws. One of them is the State of Emergency Law. It contains labor law norms that provide for exemptions from laws and other regulatory legal acts that determine legal regime government agencies, local self-government bodies and organizations, as well as establishing the rights and freedoms of citizens. Thus, this Law provides - for the period of the state of emergency - the possibility of prohibiting strikes and other methods of suspending or terminating the activities of organizations, dismissing the heads of state organizations in connection with the improper performance of their duties and appointing other persons temporarily acting as these heads.

4. Among the federal labor laws, the Labor Code of December 30, 2001, with subsequent amendments and additions, is fundamental. Last changes were introduced by the Federal Law of December 28, 2013 N 421-FZ.

The Labor Code enshrines the initial fundamental provisions of the legal regulation of labor and at the same time resolves in sufficient detail the issues that arise in the sphere of labor between employees and employers. It takes precedence over other federal laws containing labor law norms. All these laws must comply with the Labor Code. Such conformity ensures the unity of laws governing labor and directly related relations, and also plays important role in the elimination of legislative contradictions that have a negative impact on law enforcement practice.

For the first time, the Code establishes a mechanism that guarantees the priority of TCs. The commented article states that in case of contradictions between the Labor Code and other federal laws containing labor law norms, the Code is applied. In addition, the consequences of the adoption of a new federal law that contradicts the Labor Code are envisaged. Such a law is applied if the relevant amendments and additions are made to the Labor Code.

5. The sources of labor law include decrees of the President of the Russian Federation. Decrees of the President of the Russian Federation regulating labor relations must not contradict the Labor Code and other federal laws. This requirement emphasizes the legality of the law-making activities of the President of the Russian Federation. Decrees of the President of the Russian Federation make it possible to timely resolve issues of regulation of labor relations, determine the features legal status certain categories of workers. Thus, the decrees of the President of the Russian Federation regulate the procedure for preparing and conducting attestation of civil servants, approved the list of positions of the federal public service, the amount of the salary of federal civil servants is established (see, for example, the Regulations on the certification of state civil servants of the Russian Federation, approved by Decree of the President of the Russian Federation of 01.02.2005 N 110).

6. The system of normative legal acts regulating labor relations also includes resolutions of the Government of the Russian Federation. These resolutions should not contradict the Labor Code, federal laws and decrees of the President of the Russian Federation. Decrees of the Government of the Russian Federation containing labor law norms are issued to resolve issues that fall within the competence of the executive power of the Russian Federation. In many cases, resolutions of the Government of the Russian Federation are adopted to implement the provisions provided for by the Labor Code. Yes, Art. 139 of the Labor Code establishes that the features of the procedure for calculating the average wage are determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. In accordance with this article, Decree of the Government of the Russian Federation of December 24, 2007 N 922 approved the Regulation on the features of the procedure for calculating the average wage.

Article 77, which provides general grounds for dismissal of an employee, contains the fifth paragraph, on the basis of which employment relations can be terminated due to transfer to another employer. The nuances of dismissal under clause 5 of article 77 in the order of transfer are presented in the article below.

The initiator of the dismissal due to the transfer can be any of the parties to the employment contract, while an agreement must be reached with the new employer, where the employee is transferred from the current place of work. At the same time, the employee is dismissed at this place, in turn, at the new place he is accepted into the state.

In order to dismiss under clause 5 of article 77, you need the mutual consent of all interested parties - the employee, the current and future employer.

How to fire in order of transfer

The procedure boils down to the following steps:

1. the new employer sends a letter to the current one, in which, in the form of a request, he addresses the manager with a proposal to consider the possibility of dismissing the employee in the order of transfer;
2. the current employer, upon receipt of a letter of request, must respond to it with a written response with consent or refusal to make dismissals in the order of transfer. If an agreement is reached, then a dismissal order is drawn up, in which paragraph 5 of Article 77 of the Labor Code of the Russian Federation is written in the ground line. If an agreement is not reached, then the employee will be able to quit on a general basis by writing a letter of resignation on own will(the procedure for dismissal at the initiative of the employee is considered);
3. after the consent of the employers is reached, it is necessary to obtain the consent of the employee himself, for this he is sent in writing a proposal to transfer to another company for a certain position. The employee must respond to this proposal in writing with consent or refusal. In case of refusal, labor relations at the current workplace continue on the same conditions, in case of consent, dismissal is issued under paragraph 5 of Article 77;
4. after receiving a positive response from the employee, the employer draws up the termination of the employment contract;
5. after an employee is fired, the new employer is obliged to accept him within the next thirty days, while it is unacceptable to establish a test for a new employee.

If the initiator is an employee

If the employee independently agreed with the new employer on employment, then there are two ways. Or the employee writes a letter of resignation from the current place of his own free will, taking into account a two-week warning period. Or the employee writes a letter of resignation in the order of transfer, while the desired date of termination of work is written in the text.

In the second case, the new employer must again send a written proposal to dismiss the employee in the order of transfer.

If the current employer does not mind, then his consent is drawn up, after which the procedure for terminating labor relations is carried out in accordance with clause 5 of article 77 of the Labor Code of the Russian Federation.

Documenting

When making a dismissal in the order of transfer, the following documents can be generated:

1. letter of request from a new employer;
2. the consent of the current employer to the transfer of the employee (or refusal);
3. an offer to an employee to transfer to another organization;
4. the consent of the employee to the transfer (or refusal);
5. a letter of resignation from an employee in the order of transfer.

The above 5 documents allow either reaching agreement on dismissal under paragraph 5 of Article 77, or abandoning this idea.

If all parties agree, then the current employer does the following:

draws up a dismissal order in the order of transfer - in the line "grounds" clause 5 of part 1 of article 77 of the Labor Code of the Russian Federation is written, in the line "documentary grounds" the details of all documents drawn up in the procedure for reaching an agreement are written;

1. enters the information about the dismissal in work book dismissed;
2. fills in the last section of the T-2 card based on the order data;
3. performs the calculation of payments upon dismissal on the basis of the note-calculation form T-61;
4. gives the accrued funds to the hands of the employee;
5. issues a work book.

The regulation of labor relations and other relations directly related to them in accordance with the Constitution of the Russian Federation, federal constitutional laws is carried out by: labor legislation (including labor protection legislation), consisting of this Code, other federal laws and laws of the constituent entities of the Russian Federation containing labor law norms ; other normative legal acts containing labor law norms: decrees of the President of the Russian Federation; resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies; normative legal acts of the executive authorities of the constituent entities of the Russian Federation; normative legal acts of local governments. Labor relations and other directly related relations are also regulated by collective agreements, agreements and local regulations containing labor law norms. Labor law norms contained in other federal laws must comply with this Code. In case of contradictions between this Code and another federal law containing labor law norms, this Code shall apply. If a newly adopted federal law containing labor law norms contradicts this Code, then this federal law shall be applied subject to the introduction of appropriate amendments to this Code. Decrees of the President of the Russian Federation containing labor law norms must not contradict this Code and other federal laws. Decrees of the Government of the Russian Federation containing labor law norms must not contradict this Code, other federal laws and decrees of the President of the Russian Federation. Normative legal acts of federal executive bodies containing labor law norms must not contradict this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. The laws of the constituent entities of the Russian Federation containing labor law norms must not contradict this Code and other federal laws. Normative legal acts of the executive authorities of the constituent entities of the Russian Federation shall not contradict this Code, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation and regulatory legal acts of the federal executive authorities. Local self-government bodies have the right to adopt regulatory legal acts containing labor law norms within their competence in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Legal advice under Art. 5 Labor Code of the Russian Federation

Timur Tverdokhleb

how long do I have to pay sick leave I work in a hospital

• Question answered by phone

Maxim Liventsov

Is there an article in the labor code limiting the age for leadership position if so, tell me the age

• there's no such thing. at least from the age of 18, do SP and hire people, in my opinion, there are 65 years old.

• • Lawyer's response:

    Article 54 negotiations on the conclusion, amendment of a collective agreement, agreement or illegally refused to sign an agreed collective agreement, agreement, are subject to a fine in the amount and in the manner established by federal law. Persons guilty of failure to provide information necessary for conducting collective negotiations and exercising control over compliance with a collective agreement or agreement are subject to a fine in the amount and in the manner established by federal law.

• What about liquidation? Several articles are devoted to the termination of the TD upon liquidation

• • Lawyer's response:

    Article 11 in accordance with this Code, they do not simultaneously act as employers or their representatives): military personnel in the performance of military service duties; ...

Anton Kolisnichenko

Are holidays paid, namely June 12 or June 13!!?? And if so, under what article??. I would like to know the article in the code, if the accounting department refuses to pay for June 12, saying that it was not a working day and we will not pay for it.

• Lawyer's response:

  LABOR CODE Article 153 . Remuneration of work on weekends and non-working holidays Work on a weekend or non-working holiday is paid at least twice: for piece workers - at least at double piece rates; employees whose work is paid at daily and hourly tariff rates - in the amount of at least double daily or hourly tariff rate; employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary ( official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was carried out in excess of the monthly norm of working time. Specific amounts of remuneration for work on a weekend or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract. At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment. Remuneration of work on weekends and non-working holidays for creative workers of the media, cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract. Article 111 Days off All employees are provided with days off (weekly continuous rest) . With a five-day working week employees are provided with two days off per week, with a six-day working week - one day off. The general day off is Sunday. The second day off with a five-day working week is established by the collective agreement or the rules of the internal work schedule. Both days off are provided, as a rule, in a row. Article 112 Non-working holidays Non-working days public holidays in the Russian Federation are: January 1, 2, 3, 4 and 5 - New Year holidays; January 7 - Christmas; February 23 - Defender of the Fatherland Day; March 8 - International Women's Day; May 1 - Spring and Labor Day; May 9 - Victory Day; June 12 - Day of Russia; November 4 - National Unity Day. When weekend and non-working days coincide holidays the day off is transferred to the next working day after the holiday http://www.consultant.ru/popular/tkrf/ June 12 is a holiday, and June 13 is a day off

Svetlana Molchanova

Kazakhstan. Labor Code. article 37. I am on probationary period. I was told that I had to come to work 20 minutes early. Can I be fired under Art. 37 If I don't show up early Will I be able to challenge this in court?

• no, they can't

• There is no such article in the Labor Code. To recognize or not to recognize disabled - it all depends on the doctor. I do not agree with the decision of the doctor - in each polyclinic there is a deputy. Chief Physician for the Examination of Temporary Disability.

• Why fire a teacher like that? Are teachers with a Russian diploma much more useful? I don’t know how it is now, but 25-30 years ago, those who could not go anywhere else went to study as a teacher. And here is the result - the whole education as a whole ...

• Article 58. Term of an employment contract [Labor Code of the Russian Federation] [Chapter 10] certain period; 2) for a fixed period of not more than five years (fixed-term employment contract), unless another period is established ...

Alexey Kozlovtsev

is there an article in the labor code on the recovery of markdowns and written off goods from an employee? the problem is that the employer threatens to deduct markdowns and write-offs from the salary! does he have the right to do so?

Gennady Nevelsky

Reading New labor Code-Article 97: Everyone can work 60 hours a week. OH-Did we hit the alabaster with our feet?

• Just?

Edward Pistov

In accordance with Article 5, the Labor Code extends its effect to a number of categories of persons. Including students undergoing industrial practice. In this regard, the question: "Is it possible to conclude employment contracts with full-time students?"

• Can. Fixed-term employment contracts are usually concluded.

Karina Frolova

is there an article in the current labor code on dismissal - to care for a child under 14 years old. the lawyers of the company, upon dismissal, having studied the code, said that they could not dismiss me of their own free will with the wording when the child reached the age of 14, there was no such wording, I had to quit on my own.

• suppose there is no code, so what?? ? labor legislation consists of more than one labor code. the same constitution is the source of labor law. let the company's lawyers study paragraph 5.6 of the Instructions for filling out work books.

• Art. 91-128 of the Labor Code of the Russian Federation, the Labor Code does not establish specific monthly norms of working time. This is established by decisions of the Government of the Russian Federation for each working year (monthly). Find in the search engine " Production calendar for 2015...

• • Lawyer's response:

    In most legal norms, their structure exists objectively as an inextricable link between the rule of conduct (disposition) with the conditions and limits of its application (hypothesis) and the method of protection against violations (sanction). The formula for the microstructure of the rule of law can be represented as "if-then-otherwise". In this formula, “if” represents a hypothesis, “then” a disposition, “otherwise” a sanction. In relation to labor law, this can be considered as follows: If the employee, using his legal right, warned about the termination of the employment contract, then the employer is obliged at the last day of work to issue a work book and make the final payment, otherwise the enforcement measures provided for by law will be applied. This formula fully applicable to the content of Art. 80 of the Labor Code of the Russian Federation, thereby allowing it to be called a legal norm and, therefore, the legal basis for terminating an employment contract at the initiative of an employee.

Georgy Malogolovka

Which article of the Labor Code should be used in this situation? Thank you. The plant concluded a labor agreement with the painter Sidorov for painting the fence of the factory site for a period of 3 months. At the end of the validity period labor agreement Sidorov was paid for the work he had done. Sidorov demanded to pay him compensation for his unused vacation at the rate of 2 days for each month he worked. The administration refused him, arguing that, under the contract, he was accepted for a short time and he is not entitled to leave. Sidorov turned to legal advice. What answer will the lawyer give him?

• Lawyer's response:

  Labor legislation does not know such a thing as an employment agreement. A civil law contract was concluded with the painter Sidorov, which is confirmed by the settlement procedure - at the end of the labor agreement. Means wages he was not paid. Consequently, in the absence of an employment relationship, Sidorov is not entitled to compensation for unused vacation.

Vyacheslav Savrasov

I want to quit without working for 2 weeks, there is a child of 2 years old, is there an article in the Labor Code that allows. use the child And if you go on sick leave, you won’t have to work after him If possible, indicate the article. Thank you.

• Lawyer's response:

  Labor Code of the Russian Federation Article 256. Leave to care for a child At the request of a woman, she is granted leave to care for a child until the child reaches the age of three. The procedure and terms for paying state social insurance benefits during the period of the specified vacation are determined by federal laws. So YOU ​​ARE OBLIGED to provide vacation, and during the vacation you can quit. So you don’t have to work. And there is no need for left sick leave and everything is according to the law!

Ivan Glazkov

Where in the Labor Code of the Russian Federation is there an article to which you can refer that an employee cannot be forced to work 24 hours,

• In the employment contract + normal duration working time cannot be more than 40 hours per week. there is no such prohibition in the Labor Code It is not prohibited, the accounting of working time can be summarized, the main thing is not to exceed the maximum weekly ...

• there is no such article in the labor code

• lower - 14 years old, Art. 63

• • Lawyer's response:

    Labor Code of the Russian Federation PART 3. PART THREE Section III. EMPLOYMENT CONTRACT Chapter 13. TERMINATION OF AN EMPLOYMENT CONTRACT Article 81. Termination of an employment contract at the initiative of the employer An employment contract may be terminated by an employer in the following cases: 6) a single gross violation by an employee job duties: a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shifts) ; Several important factors must be taken into account. Dismissal for absenteeism is disciplinary action. Subparagraph “a” of paragraph 6 of part 1 of Art. 81 of the Labor Code of the Russian Federation And you can only be fired for a specific day. For absenteeism, as well as for any other disciplinary offense, you can punish () within a month from the date of its discovery, not counting the time the employee was sick and on vacation; Procedure: It is necessary to record the fact of absenteeism. We draw up an act of absence from the workplace, in the presence of 3 witnesses. Also, do not forget to fill out the time sheet. We ask for an explanation. The request must be made in writing. Sample: Notification of the need to come to work regarding the provision of explanations for a long absence from the workplace Dear Ivanov Ivan Ivanovich! Due to the fact that you have been absent from the workplace since March 01, 2012 and until now we do not have information about the reasons for such absence, we ask you to come to the HR department of LLC “… » at the address: St. Petersburg, …………. from 10.00 to 18.00 (Monday-Friday) and give an explanation of the reasons for your absence. Otherwise, the administration of “…..” LLC reserves the right (in accordance with Article 193 of the Labor Code of the Russian Federation) to proceed with the execution of documents for terminating the employment contract with you in accordance with subparagraph “a” of paragraph 6 of part six of Article 81 of the Labor Code of the Russian Federation Federation (truancy). Hand in personally or send a notice by mail with a valuable letter with a notice and an inventory, to the registration address (this will be evidence in court that you requested an explanation). Leave a photocopy of the notice, an inventory (with a postmark) and a check for sending this letter. After some time, we receive a notification of delivery. The notice must have the signature of the person who received the letter on the reverse side. BUT given the work of the mail, on reverse side can be signed by anyone (for example, a postal worker). So, just in case, check the signature on the notification with the signature, for example, in a photocopy of a passport, personal card or employment contract. When the notification came to you, also check that the mail was stamped and the date when this notification was returned to your post office. The date must be no later than one month from the discovery of the offense. Wait 2 days (Article 193 of the Labor Code of the Russian Federation, this is the time to go to the country explanatory worker) and after that draw up an act stating that the employee did not give an explanation. Issue a dismissal order. Make an entry in the work book, and send a notification about the need to pick up the work book.

Tatyana Solovaeva

Is there an article in the labor code related to the payment of travel to the place of work? or articles...

• Yes. there is Art. 168, 168.1, 169 of the Labor Code. R. F

Daria Ponomareva

is there an article in the labor code about a day off on September 1 for parents who send their child to the 1st grade. and what exactly does it say

• In the Labor Code of the Russian Federation there is no provision for granting such a day. But in many enterprises, the provision extra day rest on September 1 is provided for by the collective agreement.

Timur Lesunov



is there an article in the labor code prohibiting working 2 shifts in a row

• I didn’t find it, it should be in the employment contract or in the internal regulations where it is clearly stated from what time and how long the shift is.

Dmitry Lebedinsky

on the basis of which article of the labor code? (Question inside). (question inside) the employee demands to give him 1 more day to leave, because during his vacation there was a public holiday on June 12 and that because of this, the vacation should be increased by 1 w.d.

Ekaterina Belyaeva

If there is an article in the labor code that after leaving the army, the employer saves for you workplace!. If yes, what is the number?

• Lawyer's response:

  Legislation guarantees work for those dismissed from the ranks of the Armed Forces only in government organizations. There is such a law - "On the status of military personnel" (N 76-FZ of May 27, 1998 in subsequent editions). According to paragraph 5 of Art. 23 citizens dismissed from military service are guaranteed: - employment of the population by the state service bodies as a matter of priority, taking into account their specialty in state organizations; - preservation within three months after dismissal from military service for citizens who worked before being called up for military service in state organizations, the right to go to work in the same organizations, and for those who did military service on conscription (including officers called up for military service in accordance with the decree of the President of the Russian Federation) - also the right to a position not lower than that held before being called up for military service. Thus, if you have worked for state enterprise then take on former place the employer is required to work. Otherwise, the job will not be saved.

Alena Fedotova

article 60 of the Labor Code

• Lawyer's response:

  Article 60. Prohibition to demand performance of work not stipulated by an employment contract [Labor Code of the Russian Federation] [Chapter 10] [Article 60]