Labor Code of the Russian Federation in numbers. When was the Labor Code of the Russian Federation adopted? Section IV

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The relationship between the employee and the employer is regulated by a special set of rules that are presented in the Labor Code. Russian Federation. Federal Law 197, or the labor law in the Russian Federation, is the fundamental document along with federal laws RF. The conditions of working relations are changing, which means that the regulatory legal acts that regulate them are also changing.

The Labor Code of the Russian Federation was adopted by the State Duma on December 21, 2001. Received approval by the Federation Council 5 days later, namely, on December 26, 2001.

Consists of 6 parts, each of which includes several sections (14), divided into chapters (62).

So, the Labor Code of the Russian Federation regulates:

Basic provisions - goals and objectives.
Principles governing labor relations.
the basis for such a relationship.
Types of partnerships.
The term, content and concept of the employment contract.
The age at which it is permissible to conclude a contract.
Situations in which the working relationship must be terminated.
Working time, its duration, situations when the rights of workers are violated and an irregular working day is established.
Rest, its provision, punishment in case of violation of this right by the employer.
Salary, minimum wage.
Compensation cases.
Guarantees for employees who combine study and work.
Discipline, punishment in case of systematic violation of work discipline.
Labor protection (find out what's new in labor in the Russian Federation).
Liability of both parties to the contract.
Activities of certain categories of workers.
Protection of the rights and freedoms of workers.
Participation government agencies to resolve collective disputes at work, etc.

Goals current law about the labor of the Russian Federation are as follows:

guarantee labor rights and freedoms of citizens provided by the state;
provision of good working conditions;
protecting the interests of workers;
protection of the rights of the employer and his interests.

The main task of the Labor Code of the Russian Federation is to create such legal conditions that would contribute to the achievement of agreement between the interests of both parties to the working relationship. Also, 197 FZ is aimed at regulating legal relations employees and the employer, as well as relations on:

organization of the work process and management of labor nuances;
accepting an employee for a position with an employer;
professional, career growth from this employer;
conclusion of collective agreements with workers;
direct participation of employees and trade unions in providing decent conditions for labor activity;
application of labor legislation in those cases that are described in the Federal Law 197 itself;
the imposition of liability on the employee and the employer;
control directly by the state of the application and implementation of all regulations of the law on labor activity in the Russian Federation;
identifying and resolving disagreements in the workplace;
provision of social insurance in cases described in Federal Law 197.

The last changes and revision of the current labor law were made on July 1, 2017. Editorial and changes made regulated by the Federal Law on the Enactment of the Labor Code of the Russian Federation under the number 139.

Recent changes in the Law on labor activity in the Russian Federation

Due to the fact that the conditions of labor relations between the employee and the employer are changing, the current Federal Laws are also changing. Thus, the latest changes in the law on labor activity in the Russian Federation were made on 01.07.2017.

The changes affected the following articles:

Article 63

In the second part of Article 63 of the current Labor Code of the Russian Federation, amendments have been made regarding persons who are over 15 years old. They have the right to conclude a contract and perform light work that will not harm their health. Those of them who decided to continue their education after graduating from general educational program, can also work under a contract, but if this does not harm their education and development of the program.

Part three of Article 63 of the Labor Code of the Russian Federation describes the conditions for hiring persons who are over 14 years old. With the consent of parents or guardians, they can enter into a formal contract with the employer. If they receive further education, they may be able to work in a position that requires light tasks and should not interfere with the learning of the program.

Article 92

The fourth part of Article 92 sets out the provisions regarding the work of persons who are under 18 years of age. During the year, together with their studies, they can occupy positions that will take them no more than half the time that they could spend on study.

Article 94

The second part of the article is supplemented by the provisions that persons aged between 14 and 15 may work under a contract for no more than 4 hours. In the previous version of the law, the number of hours was indicated starting from 15 years.

The third part of the article made amendments regarding the work of those who still receive an average or professional education. If they have expressed a desire to work, then by law, they are entitled to:

2.5 hours - age from 14 to 15 years;
4 hours - age from 16 to 18 years.

The main changes and amendments to the labor law in the Russian Federation affected the work of minors. The state is allowed to work officially if permission from parents and guardianship authorities is given. Work should be light, and not exceed the required number of hours.

Download 197 FZ

All articles in the Labor Code of the Russian Federation describe the procedure for labor activity, the conclusion of an agreement and the procedure for working relations between an employer and an employee. Labor laws are violated every day, and citizens cannot protect themselves on their own. To do this, you must familiarize yourself with the provisions of labor law.

Each section of labor law describes what rights and obligations both sides of the work process have. In case of violation of one of the parties of their duties, or in case of abuse of power by the authorities, punishment is due according to the regulations. These may be fines, depending on the situation.

Each of the parties to the labor process bears financial responsibility. In the event that an employee damaged the property of the employer, according to the law, he will pay a fine, or it will be deductions from wages, deprivation of bonuses, etc.

Such nuances are described in the labor law, so it is proposed to familiarize yourself with it in more detail.

Download the Labor Code in new edition and with latest changes possible by

Labor Code The Russian Federation is a set of labor laws that regulate labor relations between employees and employers. Through these laws, the basic rights and obligations of those involved in labor process.

With the help of TC, they create optimal working conditions and there is an agreement in labor disputes under the laws. The Labor Code guarantees employees the right to protection of dignity, social insurance, compensation for harm caused to the health of an employee in the course of work.

The Labor Code of the Russian Federation was adopted on 30.12. 2001 and has the designation 197-FZ. In the process of using the TC, as necessary, changes and additions are made to it related to the new requirements of working life. The TC of the 2016 version consists of 424 articles placed in 62 chapters, 14 sections and 6 parts.

Who needs to know TK?

The main provisions of the Labor Code should be understood, first of all, by employees and employers.

Employees need to know the main provisions of the laws in order not to be deceived with financial payments, infringed on their rights, including the right to rest.

Employers should be aware of the provisions of the code in order to ensure all the rights of employees and avoid unnecessary confrontations and. At the same time, almost all conflicts that arise between the two parties involved in the labor process can be resolved with the help of the TC.

The main provisions of the Labor Code should also be presented to young people who are just entering the labor force. Knowing their rights and obligations described in the Labor Code, they will be able to correctly assess the correctness of what is concluded with the employer.

Accurate knowledge of the TC is necessary for those people who often encounter the practical application of the code. This applies to employees of the personnel department, heads of enterprises and companies, employees of the labor protection department.

Thus, with the help of the Labor Code of the Russian Federation, the entire range of relationships that exist in the course of labor activity is regulated.

A Brief History of Labor Law in Russia

The first labor code was adopted in France in 1910. In Russia, labor legislation was introduced in 1918 in the form of the Labor Code (Labor Code). This Labor Code, with amendments and additions, was valid until the adoption of the new Labor Code of the Russian Federation.

Comparison of Labor Code and Labor Code

Compared to the Labor Code, the TC has the following main differences:

the Labor Code contains 424 articles, while the Labor Code had only 225 articles. This speaks of expanding the scope of labor laws;
The TC is focused on market relations in the country, the variety of forms of ownership, the adoption labor resources as a commodity, while the Labor Code was designed for regulated labor;
The Labor Code regulates the whole variety of labor relations without reference to any by-laws. In the Labor Code on issues related to market relations there were references to other laws;
the Labor Code provides a minimum set of rights and obligations for employees and employers, which gives wide scope for the terms of a real labor agreement. Under the Labor Code, all employers and employees had the same set of rights and obligations;
a new concept of “social partnership” has been introduced in the Labor Code. Thus, the contractual nature of labor and equality (partnership) of employees and employers are declared;
according to the Labor Code, when going to work, a mandatory written contract of employment. According to the Labor Code, such confirmation is not necessary - it was enough to go to work.

What employees and employers need to know

Sections of the Labor Code

The Labor Code of the Russian Federation consists of 6 parts.

First part

Dedicated to the basics of labor legislation, concepts, principles and tasks of the code. It introduced articles related to the prohibition of discrimination in labor activity, forced labor, the delimitation of labor powers between different branches of government, as well as the priority of the Labor Code over other labor laws.

This section provides a general concept of the worker and the employer, defines discrimination in labor activity and forced labor. At the same time, the concept of forced labor in the Labor Code has a broader interpretation than in the ILO Convention. In the Labor Code, forced labor also includes cases where the employer does not fully pay or forces the employee to work in conditions of danger to his life or health.

In Art. 20 defines the concepts of employee and employer. An employee is a person who has entered into an employment relationship with an employer. The employer can be or.

The second part

Relationships in the sphere of work are considered as social partnership. The basic concepts and principles of social partnership are given. At the same time, social partnership is understood as a system that determines the relationship between employees, employers and authorities. This system should coordinate the interests of the parties involved in the labor process.

Trade unions are recognized as representatives of employees in the Labor Code, and managers of enterprises or other authorized persons are recognized as representatives of the employer.

The third part

Dedicated to the employment contract, which is the main instrument of labor relations and regulates them from the conclusion to the termination of the contract.

The concept of an employment contract includes the obligations of the employer and the employee.

The employer is obliged to provide for the performance of labor activities and pay wages, and the employee must work and observe discipline.

This part of the Labor Code deals with the issues of concluding, amending and terminating an employment contract. It also introduces the concept of the employee's personal data, which the employer is obliged to protect.

In the fourth section of the 3rd part of the TC, the concept is introduced and various options for its use are considered. In accordance with the Labor Code, working time is the time the employee performs his job duties in accordance with the employment contract.

Working time also includes some periods of time classified as working time in accordance with the laws of the Russian Federation and the Labor Code of the Russian Federation. At the same time, normal working hours are 40 hours a week.

The 5th section of the third part of the TC is devoted to the concept of rest time, that is, time in which the employee is released from work and in which he can rest.

This section covers different types of rest time - from lunch breaks to. In particular, the employee must be given a meal break of at least 30 minutes. Depending on the length of the working week, 1 or 2 days of rest must be provided per week.

Each employee must be granted annual leave with pay of 28 days.

Section 6 of the Labor Code is devoted to rationing and remuneration. Concept introduced wages, which is a remuneration for work depending on the complexity of the work, the qualifications of the employee. In addition, compensation and may be included in the salary.

This section describes various systems wages and its regulation.

Fourth part

Here we consider the labor relations of some categories of workers, such as teenagers, managers, part-time workers, seasonal workers, shift workers. Also considered categories such as homeworkers, remote workers, persons working in the conditions of the Far North and other categories of workers.

Fifth part

It is dedicated to the protection of labor rights and freedoms, consideration of labor disputes, including those involving trade unions.

Sixth part

In the final part of the Labor Code, the procedure and terms for the entry into force of this code are given.

Every citizen who has a job and is officially arranged according to all the rules and laws wants to work in normal conditions, receive decent pay for his work and at the same time not worry about the future pension. It is in order that every worker can count on fair work that the Labor Code of the Russian Federation exists.

The Labor Code of the Russian Federation is a complex system of rules, definitions, laws and additions to them. It reveals every subtlety of labor standards and relations. The Labor Code of the Russian Federation is the main document that ensures the rights and defines the duties of every working citizen of Russia, as well as regulates the activities of employers throughout the country.

Why is the Labor Code of the Russian Federation needed?

The Labor Code of the Russian Federation is actually much deeper and more multifaceted than it might seem at first glance. It performs three main functions:

Defines the rights of workers;
Creates favorable working conditions;
Protects the rights of formally employed workers

These are just three main functions that cannot fully describe everything that the Labor Code gives and obliges. However, in simple terms, the Labor Code of the Russian Federation is a set of documents that protects absolutely every working person in Russia from the arbitrariness of the authorities or from other circumstances.

What is the TC RF?

This is a fairly large set of rules, for greater convenience, combined into six different parts of the labor code. All of them have their own characteristics and, in general, are quite different from each other:

First part. It contains the most basic concepts, on the basis of which the rest of the chapters will be built. The most important in the entire Labor Code of the Russian Federation, everyone must familiarize themselves with it at least once;
The second part. Contains a detailed description of the term "Social partnership in the sphere of work". This part will be of particular interest to employers and will be extremely useful to them;
The third part. It has nine sections, each of which deals with various details of labor relations and labor in general in the most detailed way. It is especially important for workers to familiarize themselves with this part of the Labor Code of the Russian Federation;
Fourth part. This part of the Labor Code of the Russian Federation considers the features of labor relations with various categories of citizens;
The fifth part is completely devoted to labor protection. It is addressed in cases where the rights and freedoms of the worker have been violated;
The sixth part contains a variety of additions and notes that will help you better understand the Labor Code of the Russian Federation and understand difficult situations.

Who should know the Labor Code of the Russian Federation?

Both the employer and the employee themselves must know the Labor Code. At the same time, they do not need to know it equally. This is due to the fact that not all the subtleties of the Labor Code of the Russian Federation will be required by an ordinary employee. The worker should know only the basic provisions, from which he should understand what he owes the employer, and what the employer owes him. The employer also needs to know the Labor Code in full, since it is he who provides his employees with everything necessary for work.

Remember that ignorance of the labor code can lead to very sad consequences. If the employer has not studied the Labor Code, then he may violate the rights of his own employees, both accidentally and intentionally. And if the Labor Code of the Russian Federation is not known to the employee himself, then he is unlikely to be able to competently defend his rights and demand the benefits he is entitled to by law. At the same time, even the most superficial acquaintance can give you a lot of advantages in employment, at work, and in case of disputes with other employees or even with superiors.

Part one

Section 1 - General Provisions

Part two

Section 2 - Social partnership in the sphere of work

Part three

Section 3 - Employment contract

Section 4 - Working hours

Section 5 - Rest time
Chapter 17 of the Labor Code of the Russian Federation - General Provisions
Chapter 18 of the Labor Code of the Russian Federation - Breaks in work. Weekends and non-working holidays
Chapter 19 of the Labor Code of the Russian Federation - Vacations

Section 6 - Pay and labor rationing
Chapter 20 of the Labor Code of the Russian Federation - General Provisions
Chapter 21 of the Labor Code of the Russian Federation - Salary
Chapter 22 of the Labor Code of the Russian Federation - Labor rationing

Section 7 - Guarantees and Compensations
Chapter 23 of the Labor Code of the Russian Federation - General Provisions
Chapter 24 of the Labor Code of the Russian Federation - Guarantees when sending employees on business trips, other business trips and moving to work in another area
Chapter 25 of the Labor Code of the Russian Federation - Guarantees and compensations to employees in the performance of state or public duties
Chapter 26 of the Labor Code of the Russian Federation - Guarantees and compensations for employees combining work with education
Chapter 27 of the Labor Code of the Russian Federation - Guarantees and compensations to employees related to the termination of an employment contract
Chapter 28 of the Labor Code of the Russian Federation - Other guarantees and compensation

Section 8 - Labor schedule. Labor discipline
Chapter 29 of the Labor Code of the Russian Federation - General Provisions
Chapter 30 of the Labor Code of the Russian Federation - Labor Discipline

Section 9 - Qualification of the worker, professional standard, training and additional professional education of employees
Chapter 31 of the Labor Code of the Russian Federation - General Provisions
Chapter 32 of the Labor Code of the Russian Federation - Student Agreement

Section 10 - Occupational Safety
Chapter 33 of the Labor Code of the Russian Federation - General Provisions
Chapter 34 of the Labor Code of the Russian Federation - Labor protection requirements
Chapter 35 of the Labor Code of the Russian Federation - Organization of labor protection
Chapter 36 of the Labor Code of the Russian Federation - Ensuring the rights of workers to labor protection

Section 11 - Liability
Chapter 37 of the Labor Code of the Russian Federation - General Provisions
Chapter 38 of the Labor Code of the Russian Federation - Liability of the employer to the employee
Chapter 39 of the Labor Code of the Russian Federation - Liability of an employee

Part four

Section 12 - Features of labor regulation
Chapter 40 of the Labor Code of the Russian Federation - General Provisions
Chapter 41 of the Labor Code of the Russian Federation - Features of the regulation of the labor of women, persons with family responsibilities
Chapter 42 of the Labor Code of the Russian Federation - Features of labor regulation of workers under the age of eighteen
Chapter 43 of the Labor Code of the Russian Federation - Features of labor regulation of the head of the organization and members of the collegial executive body of the organization
Chapter 44 of the Labor Code of the Russian Federation - Features of labor regulation of persons working part-time
Chapter 45 of the Labor Code of the Russian Federation - Features of labor regulation of employees who have concluded labor contract for up to two months
Chapter 46 of the Labor Code of the Russian Federation - Features of labor regulation of workers engaged in seasonal work
Chapter 47 of the Labor Code of the Russian Federation - Features of the regulation of labor of persons working on a rotational basis
Chapter 48 of the Labor Code of the Russian Federation - Features of labor regulation of employees working for employers - individuals
Chapter 48.1 of the Labor Code of the Russian Federation - Features of the regulation of the labor of persons working for employers - small businesses that are classified as micro-enterprises
Chapter 49 of the Labor Code of the Russian Federation - Features of the regulation of the work of homeworkers
Chapter 49.1 of the Labor Code of the Russian Federation - Features of regulating the work of remote workers
Chapter 50 of the Labor Code of the Russian Federation
Chapter 50.1 - Peculiarities of labor regulation of employees who are foreign citizens or stateless persons
Chapter 51 of the Labor Code of the Russian Federation - Features of labor regulation of transport workers
Chapter 51.1 of the Labor Code of the Russian Federation - Features of the regulation of the labor of workers employed in underground work
Chapter 52 of the Labor Code of the Russian Federation - Features of the regulation of the work of pedagogical workers
Chapter 52.1 of the Labor Code of the Russian Federation - Features of the regulation of the work of scientists, heads of scientific organizations, their deputies
Chapter 53 of the Labor Code of the Russian Federation
Chapter 53.1 of the Labor Code of the Russian Federation - Features of labor regulation of workers temporarily sent by the employer to others individuals or legal entities under an agreement on the provision of labor of employees (personnel) (comes into force in 2016)
Chapter 54 of the Labor Code of the Russian Federation - Features of the regulation of labor of employees of religious organizations
Chapter 54.1 of the Labor Code of the Russian Federation - Features of the regulation of the work of athletes and coaches
Chapter 55 of the Labor Code of the Russian Federation - Features of labor regulation of other categories of workers

Part five

Section 13 - Protection of labor rights and freedoms
Chapter 56 of the Labor Code of the Russian Federation - General Provisions
Chapter 57 of the Labor Code of the Russian Federation - State control (supervision) and departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms
Chapter 58 of the Labor Code of the Russian Federation - Protection of labor rights and legitimate interests of workers by trade unions
Chapter 59 of the Labor Code of the Russian Federation - Self-defense of labor rights by employees
Chapter 60 of the Labor Code of the Russian Federation - Consideration and resolution of individual labor disputes
Chapter 61 of the Labor Code of the Russian Federation - Consideration and resolution of collective labor disputes

Part six

Section 14 - Final Provisions
Chapter 62 of the Labor Code of the Russian Federation - Responsibility for violation of labor legislation and other acts containing labor law norms

Signing: President December 30 Entry into force: 1st of February First post: "Rossiyskaya Gazeta" No. 256 of December 31

Labor Code of the Russian Federation- codified legislative act (code) on labor, Federal Law No. 197-FZ of December 30, 2001. It was put into effect on February 1, 2002 instead of the Code of Labor Laws of the RSFSR (Labor Code of the RSFSR) of 1971 that was in force before it. The Code defines labor relations between employees and employers and takes precedence over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.

The Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates the issues of labor protection, professional training, retraining and advanced training, employment, social partnership. The rules of payment and labor rationing, the procedure for resolving labor disputes are fixed. Separate chapters are devoted to the features legal regulation labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).

Sections of the Labor Code of the Russian Federation

Section I. General Provisions
Section II. Social partnership in the sphere of labor
Section III. Labor contract
Section IV. Working time
Section V Rest Time
Section VI. Pay and labor regulation
Section VII. Guarantees and compensation
Section VIII. Labor schedule, labor discipline
Section IX. Professional training, retraining and advanced training of employees
Section X. Labor protection
Section XI. Liability of the parties to the employment contract
Section XII. Features of labor regulation of certain categories of workers
Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
Section XIV. Final provisions

Story

Code of 1918

The first Russian code laws on labor was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.

The Code introduced the following concepts:

workers- persons working for remuneration;
remuneration for work- provided in the form of money, services (for example, the provision of housing) or products (including food);
living wage- the minimum remuneration for work established for the given locality;
preliminary test - a certain period, preceding the final admission to a long-term job;
normal working hours- the time set for the production of this work by the tariff regulation;
shift work- continuous work, which requires several work shifts;
overtime work- work beyond the normal working hours was allowed in exceptional cases;
holidays - set days in which work is not performed;
production rate- the amount of work established by the pricing commission and approved by the labor department, carried out under normal conditions during normal working hours;
labor inspection- the body responsible for the protection of life, health and labor of persons engaged in economic activities;
labor distribution department- a body that registers the unemployed and provides them with jobs.

The first code introduced the following duties of workers:

labor service- the duty of every citizen of the RSFSR;
personal employment history- a document with notes on the work performed, remuneration and benefits received;
the possibility of attracting adult male able-bodied population to work overtime;
performance of the number of works not less than the established production standards;
compliance internal regulations;
notification to the division of power distribution and the trade union about the fact of replacement at the workplace of a worker who left the workplace without permission.

The following rights of workers were declared:

right to work- the right to use labor in their specialty and for a fixed remuneration;
remuneration for work not lower than the established subsistence level;
receiving remuneration for work at least once every two weeks;
possibility of dismissal own will(in fact, this right was eliminated by the need to justify the reason for dismissal, which would suit the body of workers' self-government);
the duration of normal working time is not more than 8 daytime or 7 night hours per day.
reduced working hours for persons under 18;
reduced working hours for heavy and hazardous work;
lunch break;
extra break for breastfeeding;
weekly continuous rest within at least 42 hours;
shortened working day before the day of rest;
annual leave;
cash allowance and free medical assistance in case of illness, pregnancy and childbirth;
unemployment benefit in the amount of the worker's remuneration for work according to his tariff, group and category;
allowance for workers who do not work in their specialty.

The Code explicitly prohibited workers from working during annual leave and on holidays. When the fact of such work was established, the remuneration received by him was withheld from the worker. It was also forbidden to receive additional remuneration for work other than normal working hours and overtime. Advance payment was prohibited.

The following funds were introduced:

Unemployment Insurance Fund;
Local health insurance companies.

After 4 years, in 1922, the code was revised.

Code of 1922

The second code was adopted by a decree of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, Secretary of the All-Russian Central Executive Committee Yenukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.

Compared with the previous code, new concepts were introduced, such as:

passbook;
severance pay;

The code established an 8-hour working day, uninterrupted rest, lasting at least 42 hours, an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the time before and after childbirth: 6 weeks before and 6 weeks after - for knowledge workers, 8 weeks - for workers physical labor; additional (except for lunch) breaks for feeding infants were also introduced.

The Code established a list of public holidays, and also introduced the concept of professions of "clerical and mental labor". There was no old-age pension, instead there was only "the right to social Security with disability."

With some amendments, the code was in effect for almost half a century.

Labor Code 1971 (Labor Code)

In 1971, a new code was adopted that established a 41-hour work week, added new holidays and new benefits, including establishing the right to leave to care for a child until he reaches 3