Principles of labor law: concept, classification. Industry principles of labor law (Article 2 of the Labor Code of the Russian Federation). Prohibition of forced labor (Article 4 of the Labor Code of the Russian Federation).

General information about the goals and objectives of the TC

In accordance with Article 37 of the Constitution of the Russian Federation, every citizen is endowed with certain rights in the labor sphere. However, not all of them are described in this document. In addition, specified in Art. 37 points apply partially to all citizens and to a certain extent only to individuals. Therefore, it is necessary to refer to the main act, which contains comprehensive information regarding labor relations.

Legal regulation

Before you find out what the goals of the labor legislation of the Russian Federation are, you need to determine which document controls this area. This is the Labor Code of the Russian Federation.

The Labor Code is an act that guarantees the possibility of getting a job, protecting one’s own rights and interests in the described area. The Labor Code is also aimed at creating optimal conditions for the professional activities of each citizen in accordance with individual abilities and preferences. Taking this into account, the goals and objectives of the labor legislation of the Russian Federation are determined. In addition to the Labor Code, issues related to work are considered by other regulatory documents.

Among them:

• Federal Law No. 426 (On the assessment of production conditions)
• Federal Law No. 181 (On the fundamentals of labor protection in the Russian Federation)
• Federal Law No. 116 (On the safety of production facilities)

It is important to know! In addition, there are many more legal acts, decrees and resolutions aimed at fulfilling the goals and objectives of labor legislation described in the Labor Code. Therefore, you should familiarize yourself with these paragraphs of the Code in more detail.

Basic goals

Information regarding this issue is presented in the first section of the Labor Code of the Russian Federation. It describes the beginnings of labor legislation. The primary goals are contained in Art. 1. These include the following:

• Ensuring rights and freedoms in the labor field for every citizen, guaranteed by the state;
• Creating optimal conditions for professional activities;
• Protecting the interests and rights of both workers and their employers.

Achieving these goals is considered possible only if a number of tasks are successfully resolved. They are also presented in Article 1 of the Labor Code of the Russian Federation.

Main tasks

The overall goal of labor law is to create conditions that will equally benefit the interests of both employees and employers. The third party in such relationships is the state, since its functions are inextricably linked with the professional sphere of citizens.

The main objectives of the legislation described in the first article of the Labor Code include:

• Regulating the relationship between the employee and the employer;
• Ensuring the right to employment;
• Retraining and additional education of employees;
• Introduction of social partnership norms, conclusion of collective agreements;
• Determination of measures of responsibility of the parties to the labor relationship;
• Formation of state bodies monitoring compliance with the law;
• Resolving controversial situations;
• Creation of a social insurance system for cases provided for by law.

Fulfillment of these tasks contributes to the comprehensive development of the labor sphere and the creation of an effective system for protecting the rights of employees and employers. In addition, the implementation of the listed points allows us to satisfy the state’s need for personnel for economically important enterprises and strategic facilities.

Scope of labor law.

The scope of labor law is called the extension of labor laws. It applies to all employees and all employers, regardless of their form of ownership (private, state, municipal, mixed) and their organizational and legal form (economic societies and partnerships, production and consumer cooperatives, institutions, state and municipal unitary enterprises, public and religious organizations, political parties, foundations, etc.).

Russian labor legislation applies to the labor of employees of joint ventures and organizations with the participation of foreign investors operating on the territory of Russia for foreign citizens and stateless persons working in the territory of Russia, as well as to employees of Russian organizations abroad, unless otherwise provided by an agreement with the relevant country .

Russian labor legislation regulates the work of full-time employees of public and non-profit organizations (including parties, trade unions, foundations). Labor law applies to the labor relations of employees from among the service personnel of religious organizations (cleaners, watchmen, accountants, cashiers, etc.), but does not apply to clergy, in respect of whom intra-confessional norms apply; labor law does not apply to military personnel and ordinary superiors internal affairs bodies, the FSB and persons equivalent to them - their service is regulated by statutes and special administrative legislation (for example, the Federal Law on the Police). Since 2004, civil servants have actually disappeared from the list of subjects of labor law, whose service began to be regulated by the Federal Law on the State Civil Service. It should be noted that the basic provision of this legal regulatory opinion on the termination of service contracts, service time and rest time and other aspects borrowed from the Labor Code.

The main role of labor law is regulatory: it establishes the rules of behavior of people in the process of joint labor, which meet the interests of society and the state, protect the labor of workers, and provide guarantees of their fundamental rights.

The role, task and functions of TP are closely interconnected and reflect the interests of workers, employers, society and the state. Part 1 Article 1 of the Labor Code - established the goals of labor legislation, and in part 2 the tasks of labor legislation (LEARN YOURSELF!).

The tasks of labor law are aimed at achieving the goals of legal regulation of labor - efficiency and optimality.

The functions of labor law represent the main directions of the influence of norms on the behavior of people (through their consciousness) in the process of joint work to achieve the tasks and goals of the branch of labor law. Regulatory and protective functions are characteristic of all branches of law, including labor law. The specific functions of labor law are

1. Social function – promotes the implementation of the right to work, safe conditions and labor protection in employment.

2. Protective function - ensures the establishment of an appropriate level of labor, state supervision and control over compliance with labor legislation, the procedure for resolving individual and collective labor disputes, and the restoration of actually violated labor rights. This function is reflected in the norms of most labor law institutions.

3. Economic or economic function – aimed at ensuring the efficiency of the employer’s activities, rational use of labor resources, and strengthening labor discipline. It is specified in the norms of employment promotion institutions, employment contracts, labor discipline and working hours.

4. Educational function - reflected in the rules on labor discipline, incentives, disciplinary and material responsibilities.

Principles of legal regulation

The main goals of labor legislation can only be realized under certain conditions. Otherwise, regulatory documents in this direction become inappropriate, as they lose their legal meaning. Legal regulation must be carried out in accordance with established principles. In the labor sphere, the fundamental provisions are described in Art. 2 Labor Code of the Russian Federation.

These include:

• Freedom of labor (constitutional right to independently choose the direction of professional activity, manage one’s abilities);
• Elimination of discrimination and forced employment;
• Assistance from the state in the employment process;
• The principle of fair working conditions (compliance with hygiene standards, the right to regular rest, vacation);
• Equal freedoms for each employee, regardless of any individual characteristics;
• Participation of employees in the management of the organization in the forms established by law;
• Compensation for damage caused to an employee while performing work functions;
• State supervision of compliance with the rights of employed citizens;
• The ability to resolve collective or individual labor-related disputes in the manner prescribed by law;
• Compliance with the terms of contracts and agreements, bearing responsibility in case of their violation;
• Implementation of rights related to compulsory social insurance of employed citizens.

Attention! Thus, the implementation of the tasks and goals of labor legislation is possible only if the listed principles are observed. Otherwise, the citizen loses the right to defend his own interests, which is contrary to constitutional norms.

Rights and freedoms of workers

In Russia, many citizens face violations in the world of work. In the overwhelming majority of cases, employees do not know how to defend their interests. The main reason is that they do not know the list of their own rights. Therefore, it is recommended to read Art. 21 of the Labor Code, which presents the freedoms of workers.

The main ones include:

• The right to official employment;
• The ability to enter into, terminate or change the terms of contracts;
• Providing a workplace, necessary equipment, modern equipment for the implementation of labor functions;
• Receiving full wages, additional payments, bonuses, compensation for overtime;
• The right to proper rest, annual leave, sick leave;
• Opportunity to receive additional education at the enterprise;
• Participation in collective agreements, resolution of disputes, conflicts in the manner prescribed by law;
• Acting as a mediator between other employees and management;
• The right to protect one’s interests by any means that do not contradict regulations.

It must be taken into account that certain categories of citizens also have the right to benefits. At the same time, it should be remembered that the Labor Code provides for a number of duties, compliance with which is mandatory for all employees.

Among them:

• Fulfillment of duties stipulated by the concluded agreement;
• Compliance with the routine at the enterprise established by a local act;
• Maintaining labor discipline;
• Compliance with industrial safety rules and requirements;
• Careful attitude towards the property of the employer and other employees;
• Timely notification of management about situations that pose a potential threat to the health or life of employees or the safety of property.

It is important to know! Labor legislation is aimed not only at protecting the rights of workers. In a similar way, regulations support employers.

Principles of regulation of labor relations

There are several principles for regulating labor relations. Namely:

• Prohibition of forced labor and any type of discrimination. Forced labor refers to performing work under threat of punishment. There are indicators when an employee is forced to do such work, but by law can refuse it. This is possible if: the terms of payment of wages have been violated, or it has not been paid in full, there is a threat to the life and health of the employee, in particular, the lack of safe working conditions that the employer must provide, or the work is performed under emergency circumstances.
• The right to choose work, including the right to freely choose a profession and type of activity.
• Assistance in finding employment and protection against unemployment. The state undertakes to provide free assistance in job search, job selection and employment assistance. If a citizen is recognized as unemployed, he is entitled to benefits. When citizens undergo professional retraining, they are entitled to a scholarship.
• Ensuring equal rights and opportunities for all employees.
• Ensuring the rights of every citizen to the protection of all his rights.
• Availability of the right to strike and resolution of collective disputes.
• The right to compulsory social insurance for every employee.

The principles of regulating labor relations also include the employee’s right to decent working conditions, which includes ensuring personal hygiene rules, safety requirements, and the right to annual leave.

The basic principles of labor relations include ensuring the employee timely payment of wages, which must not be lower than the minimum established by law.

Labor violations

Non-compliance with the law is widespread. In most cases, this is due to the dishonest intentions of employers. Less often, this is explained by ignorance of legal norms and the nature of responsibility for their violation.

If an employee’s rights are not respected, he can contact the inspectorate, the prosecutor’s office, or sue. This possibility is also secured legally. In the vast majority of cases, violations are due to the employer’s failure to comply with its obligations.

Common examples:

• Hiring without concluding a contract;
• Inconsistency of conditions at the enterprise with safety and hygiene standards;
• Refusal to compensate for damage caused to an employee’s health in the workplace;
• Late payment of wages or incomplete accrual;
• Refusal to provide vacations and sick leave;
• Involvement in overtime work;
• Employment without compulsory insurance.

For failure to comply with established standards, unscrupulous employers, as a rule, are subject to disciplinary and financial penalties.
In some cases, administrative and criminal penalties are provided. To do this, the guilt of the offender must be reliably established. Labor legislation is understood as a list of regulations governing the relationship between employers, employees and the state. Their main goals are to create conditions for employment of the population, respect for the rights and freedoms of employees, managers, and owners of enterprises, and the comprehensive development of the described area. The implementation of these directions is possible only if fundamental problems are solved in accordance with established principles.