What institutions are included in the labor law system. Labor law. What is included in the system of international labor law

Federal agency of Education

Siberian State Automobile and Highway Academy (SibADI)

Department of Economics and Enterprise Management

Test

By discipline: "Labor law"

Themes: 4. System and structure labor law

33. Professional training, advanced training and retraining of citizens registered with the employment agencies.

Completed by: 3rd year student of correspondence course of group Eb-13Z2 T.V. Simonova

Checked by: E.V. Nikulchenkova

Omsk 2016

1.System and structure of labor law ………………………………… 2

2. Vocational training, advanced training and retraining of citizens registered with the employment offices of the population ………………………………………………………………… ... 8

List of used literature ………………………………… .14

System and structure of labor law

The system of labor law is a set of relatively independent parts of labor law with their division into separate structural units- institutions, subinstitutes, individual norms. The system of the branch of labor law represents its structure as a set of in a certain order arranged legal regulations, grouped into institutions depending on the specifics of social relations that make up the subject of this industry . The sequence of the location of these groupings (institutions) in the industry system is based on the dynamics of the development of labor and other relations directly related to them. The most characteristic structural subdivisions of the labor law system are institutions. They include a population less extensive than the industry legal norms, which differ among themselves on the subject of regulation, depending on the characteristics of the regulated area of public relations of a given type or kind. Thus, the norms that regulate the duration of working time and its use constitute the institution of working time, and the norms that provide for the remuneration of workers - the institution of wages.

The structure of labor law, like any other branch of law, is determined through a separate set of legal norms, united by the commonality of regulated social relations. It consists of legal institutions and sub-institutions. The structure of labor law includes the following legal institutions:

· Employment, social partnership in the use of dependent labor;

· employment contract; professional training and advanced training of personnel directly in production;

· Labor rationing;

· Wages;

· Labor discipline;

· Material responsibility;

· Labor protection;

· Control (supervision) over labor protection and observance of labor legislation;

Consideration and permission labor disputes.

The structure of labor law basically coincides with the structure of the Labor Code of the Russian Federation. The system of labor law in Russia is a set of legal norms that form a single subject whole (industry) with their simultaneous internal division into relatively independent and interconnected structural formations(institutes) and their parts (subinstitutes). In turn, the legal institutions, depending on the content and nature, are divided into two main parts of labor law - General and Special. In the science of labor law, a three-member structure of labor law has been formulated, including: general, special and special parts. At the same time, there are other points of view. Some scholars believe that the main parts of labor law are: the general part; individual labor law; collective labor law; labor law. Others believe that labor law consists of:

1. common part;

2. special part;

3.part, regulating the features of labor regulation selected categories workers;

4. a part that provides for various mechanisms to protect the labor rights of workers.

In their opinion, the general part contains legal norms that determine the basic principles underlying the legal regulation of social and labor relations in the sphere of the use of dependent labor, consolidate legal status subjects of labor relations, principles, levels and forms of social partnership. The General part of labor law includes norms that apply to all relations in this industry, as well as norms on the delineation of the competence of the Federation and its subjects for labor regulation. It does not have institutions, since it groups norms that are of a general nature on labor regulation: constitutional foundations labor (Articles 2, 7, 19, 32, 34, 37, 38, 41, 43, 45, 46 and 47 of the Constitution of the Russian Federation), section I " General Provisions"(Art. 1-22) of the Labor Code and Section II" Social partnership in the world of work "(Art. 23-55), referring to the legal regulation of all employees in general, namely: 1) legal norms that determine the subject, tasks, the scope of labor law;

2) the procedure for establishing legal norms in the field of labor;

4) the norms securing the right of employees to participate in the management of the organization and the main forms of such participation through representative bodies, first of all, through the trade unions, forming the institution of the legal status of trade unions and the collective of workers;

5) norms on social partnership in the field of labor, the procedure for conducting collective bargaining, the conclusion of collective agreements and agreements.

The special part of the labor law is much broader than the general part. The institutes of labor law of Russia regulate, within the framework of the subject of this industry, "their" relations - separate species public relations or separate element(side of) a single complex labor relationship.

The sequence of the location of the institutions of the Special Part is determined by the meaning and specifics of the corresponding section of the regulated relationship.

The modern system of labor law in Russia includes the following institutions:

Employment with this employer (combines the rules governing relations related to the search by citizens suitable job);

· An employment contract (combines the rules governing hiring, transfers and dismissals);

· Professional training, retraining and advanced training of employees directly from the given employer;

· Working hours and hours of rest;

· Payment and labor rationing;

· Guarantees and compensations;

· Work schedule and labor discipline;

· Labor protection;

· Material liability of the parties to the employment contract;

· Features of labor regulation of certain categories of workers;

· State supervision and control over the observance of labor law;

· Resolution of individual and collective labor disputes;

· Responsibility for violation of labor legislation and other acts containing labor law norms.

The system of labor legislation should be distinguished from the system of labor law as an industry.

The system of labor legislation is the structure of regulatory legal acts that are part of labor legislation (Labor Code of the Russian Federation, federal labor laws, laws of subjects of labor). In particular, four structural groups can be distinguished in the Special Part of the Labor Code. The first group is the provisions containing the features of labor regulation of certain professional categories of workers. These include the following institutions and individual norms:

· Labor of transport workers (Chapter 51 of the Labor Code of the Russian Federation);

Labor teaching staff(Chapter 52 of the Labor Code of the Russian Federation);

· Work of athletes and coaches (chapter 54.1 of the Labor Code of the Russian Federation);

· Labor of medical workers (Article 350 of the Labor Code of the Russian Federation);

· Labor of creative workers of the media, cinematography organizations, television and video filming collectives, theaters, theater and concert organizations, circuses and other persons. participating in the creation and (or) performance (display) of works (Article 351 of the Labor Code of the Russian Federation);

Restrictions on employment in the field of education, upbringing, development of minors, organization of their recreation and health improvement, medical support, social protection and social services, in the field of youth sports, culture and art with the participation of minors (Article 351.1 of the Labor Code of the Russian Federation).

The second group is the norms containing the features of the regulation of the labor of workers performing their labor functions in specific bodies and organizations, as well as in special positions. These are the following institutions:

· Work of the head of the organization and members of the collegial executive body organizations (Chapter 43 of the Labor Code of the Russian Federation);

Labor of workers religious organizations(Chapter 54 of the Labor Code of the Russian Federation);

Labor of workers sent to work in diplomatic missions and consular posts Russian Federation, as well as to the representations of federal bodies executive power and government agencies The Russian Federation abroad (Chapter 53 of the Labor Code of the Russian Federation);

Labor of persons working in organizations of the Armed Forces of the Russian Federation and federal bodies executive power, in which the legislation of the Russian Federation provides for military service, as well as workers undergoing replacement military service alternative civil service(Article 349 of the Labor Code of the Russian Federation);

· Labor of employees of state corporations, state companies (Article 349.1 of the Labor Code of the Russian Federation).

The third group refers to the regulation of labor of preferential categories of workers:

· Women, persons with family responsibilities (Chapter 41 of the Labor Code of the Russian Federation);

· Persons under the age of 18 (chapter 42 of the Labor Code of the Russian Federation);

· Workers employed in underground works (chapter 51.1 of the Labor Code of the Russian Federation);

Working in areas Far north and equivalent areas (Chapter 50 of the Labor Code of the Russian Federation).

The fourth group includes - features of labor regulation of persons working in special regime, v special conditions:

§ working part-time (Chapter 44 of the Labor Code of the Russian Federation);

§ employees who have entered into an employment contract for up to two months (Chapter 45 of the Labor Code of the Russian Federation);

§ workers employed in seasonal work (Chapter 46 of the Labor Code of the Russian Federation);

§ persons working on a rotational basis (Chapter 47 of the Labor Code of the Russian Federation);

§ working for employers - individuals (Chapter 48 of the Labor Code of the Russian Federation);

§ homeworkers (chapter 49 of the Labor Code of the Russian Federation).

The system of labor law contains only "purely" legal norms, and the system of labor legislation, in addition to normative acts on labor, also contains preambles, introductions indicating the purpose of adopting the relevant acts and their practical significance. In addition to the General and Special Parts, another one can be distinguished in labor law - the Special Part. The norms of law related to the special part of labor law act as norms of addition, restriction, prohibition or establishment of additional legal guarantees for certain categories of workers. Special part of labor law. Despite the fact that the Labor Code does not know a special section where the norms and concepts of offenses in the labor sphere, norms on disciplinary offenses and responsibility for them, norms on violations of legislation by employers, imposition on the system of protection of violated rights of workers, etc., would be concentrated. etc., all of these norms are contained in the Code, however, they are divided according to different parts and chapters of the Labor Code. It seems that all of them should be concentrated in a special section (s), which constitute the Special part of labor law. Thus, the Special Part includes norms:

· O disciplinary offense and disciplinary responsibility;

· On the responsibility of employers for violation of labor legislation and other regulatory legal acts containing labor law.

In addition to those indicated, this should include such institutions as:

· labor disputes;

· Protection of labor rights of employees;

· State supervision and control over the observance of labor legislation and other normative legal acts containing labor law norms;

· Material responsibility of the parties to the employment contract.

Also, the special regulation of labor of certain categories of workers unites the institutions that establish the features of the legal regulation of social and labor relations in certain sectors of the economy:

· Features of legal regulation of labor of public sector employees.

· Features of legal regulation of labor in industry.

· Features of legal regulation of labor in construction.

· Features of legal regulation in the mining, oil and gas sectors of the economy.

· Features of legal regulation of labor in transport.

· Features of legal regulation of labor in the Far North and areas equated to them.

· Features of legal regulation of temporary and seasonal workers.

· International legal norms governing labor relations.

The fourth part of labor law groups the norms that ensure the operation of the legal mechanism that ensures the protection of the labor rights of workers through state control(supervision) of other types of control over the observance of labor legislation and other regulatory legal acts containing labor law norms, as well as securing various ways of protecting the labor rights of employees within the framework of legal procedures for considering and resolving labor disputes. Such is general characteristics structure of modern labor law. The system of labor law should be distinguished from the system of labor legislation, which, in addition to the Labor Code of the Russian Federation (the basic source of Russian labor legislation), also includes generally recognized principles and norms international law and international treaties RF.

Labor law system. Of Russia- a set of legal norms that form a single subject whole (industry), broken down into separate relatively independent structural formations (institutions), as well as into other stable communities of norms that have more fractional structural certainty (pedagogical institutes).

The most characteristic structural subdivisions of the labor law system are institutions. They include a less extensive than the industry, a set of legal norms that differ among themselves on the subject of regulation, i.e. the peculiarities of certain types of social relations or individual parties (elements) of any specific type of social relations.

The modern system of labor law in Russia includes the following institutes:

Employment (combines the norms governing relations related to finding suitable work for citizens);

Social partnership in the world of work;

Labor contract (combines the rules governing hiring, transfers and dismissals);

Professional training and advanced training of personnel directly in production;

Working time and rest time;

Labor rationing;

Wages;

Labor disciplines;

Material liability;

Labor protection;

Supervision and control over labor protection and compliance with labor legislation;

Labor dispute resolution.

The listed institutes of labor law in Russia are objectively established structural divisions, called upon within the framework of the subject of this branch of law to regulate with the required detail and quality "their" subject - a separate type of social relations or a separate element (side) of a single complex labor relationship. The systemic property of institutions, as well as of the industry as a whole, here is a subject feature - the specificity (character) of social relations.

In addition to the subject attribute, another one also has a systemic property. legal category - principles rights, i.e. the most important guiding ideas that reflect the essence and direction regulation systems of law. The principles of law are inherent only in such a set of norms, which is characterized by an integral subject isolation and constitutes an independent organic structural subdivision systems of law. Currently, such communities are: the system of modern Russian law as a whole (it corresponds to general principles Russian law); branches of law (they correspond to branch principles of law); institutions of law (they correspond to the principles of the institution of law). More fractional communities (groups) of norms take their place in the system of law, being parts of one or another institution, however, they do not have special substantive definiteness and therefore cannot serve as sufficient material for identifying independent specific principles of law.

With regard to labor law, the principles act as systematizing features only at the level of the industry as a whole or at the level of individual institutions of this industry. Subinstitutions do not possess integral subject isolation, and therefore they do not have specific legal principles.

It should be borne in mind that the system of labor law in Russia is not limited to the division of the legal norms united by this branch into institutes and pedagogical institutes. Structurally, the entire system of labor law in Russia is divided into two large parts - The general and Special. The norms of the General part of labor "law regulate the most general issues organization and employment of workers regardless of the regional and sectoral affiliation of the organizations for which they work. Among them, a significant place is occupied by norms-definitions, norms-principles, norms-goals (tasks). They establish, in turn, the subject of labor law, the subject composition of participants in regulated social relations, their status ( legal position), form a method of legal regulation. Norms Special parts of labor law specify the provisions of the General Part. They regulate certain types of social relations and their elements, grouping into institutions and pedagogical institutes, which were mentioned above.

The system of labor legislation should be distinguished from the system of labor law as an industry. The first correlates with the second as content and form. The labor law system includes legal regulations, their preambles, articles, final provisions etc. Therefore, it is logical to assert that the system of labor law is manifested in labor legislation, and labor legislation is the source of labor law.

Currently, the most complete system of labor law in Russia is reflected in the Labor Code of the Russian Federation. Therefore, the study of the labor law system is associated, first of all, with the study of the structure and content of this codified legislative act. Along with the system of labor law and the system of labor legislation, there is also a system of science of labor law - a set of theoretical views, judgments and conclusions concerning the problems of legal regulation of social relations in the field of application and organization of labor.

V.M. Lebedev also highlights A special the part that unites the institutions that regulate the characteristics of labor in individual sectors of the economy. Cm.: Lebedev V.M. Labor law: problems of the General part. Tomsk, 1998.S. 41.

General characteristics of labor law
- Labor law as a branch of Russian law
- Labor law and related branches of law
- Labor law as a branch of legislation
- Labor law system
Subject and principles of labor law
- Labor law principles
- The subject of labor law
- Labor law methods
Sources and system of labor law
- The concept and types of sources of labor law
- Labor legislation
- Other normative legal acts containing labor law norms
- The operation of labor legislation and other acts containing labor law norms
- Contractual regulation of labor relations
Subjects of labor relations
- Subjects of labor law and subjects of labor relations
- Employee as a subject of labor relations
- Categories of workers
- The employer as a subject of labor relations
- Employer categories
Social partnership in the world of work
- The concept and principles of social partnership. Participation of employees in the management of the organization
- Levels and forms of social partnership
- Parties to social partnership
- Social partnership bodies
- Social partnership procedures
- Guarantees and compensations to persons participating in collective bargaining
Grounds for the emergence of labor relations
- Special grounds for concluding an employment contract
- Election to office
- Election by competition
- Appointment to office or approval in office
- Other grounds for concluding an employment contract
Labor contract
- The concept and meaning of an employment contract
- Content of an employment contract
- Types of employment contracts
- Apprenticeship Agreement
- Parties to an employment contract, their rights and obligations
Conclusion and amendment of an employment contract
- The procedure for concluding employment contracts
- Change of employment contract
- Suspension from work
- The legal nature of the institution for the protection of employee personal data
- Processing of personal data of an employee and guarantees of their protection
- Responsibility for violation of the rules governing the processing and protection of employee personal data
Termination of an employment contract
- Termination of an employment contract by agreement of the parties
- Transfer of an employee at his request or with his consent to work for another employer or transfer to an elective job (position)
- Expiration of the term of the employment contract
- Termination of an employment contract for on their own
- Termination of an employment contract due to the employee's refusal to continue working when the owner of the organization's property changes, the organization's jurisdiction (subordination) changes, or its reorganization
- Termination of an employment contract due to the employee's refusal to continue working due to a change determined by the parties the terms of the employment contract in the changed conditions of the employment contract
- Termination of an employment contract due to the employee's refusal to transfer to another job, which he needs in accordance with medical report
- Termination of an employment contract due to the employee's refusal to transfer to work in another locality together with the employer
- Grounds for dismissal on grounds related to the fault of the employee
- Dismissal on grounds not related to the employee's fault
- Termination of an employment contract due to circumstances beyond the control of the parties
- Termination of an employment contract on other grounds
Work time
- Development of the "working time" institute
- The concept of working time and its duration
- Work outside the established working hours
- Working hours
Time relax
- The concept and types of rest time
- Vacation
- The procedure for the provision and use of annual paid leaves
Salary
- Socio-economic and legal content of wages
- State guarantees for labor remuneration
- Pay systems. Simulating the achievement of high labor results
- Remuneration for labor in case of deviation from normal working conditions
Labor discipline. Labor schedule
- The concept of labor discipline and its provision
- Legal regulation of the labor schedule
- Incentives and material incentives
Occupational Safety and Health
- Labor protection concept
- Main directions public policy in the field of labor protection. State regulatory requirements labor protection
- Obligations of the employer to ensure safe environment labor
- Organization of labor protection
- Ensuring the rights of workers to labor protection
- Investigation and registration of industrial accidents and occupational diseases
Guarantees and compensations
- The concept of guarantees and compensations. Guarantees of property and non-property nature
- Guarantees when sending employees on business trips, other business trips and moving to work in another locality
- Guarantees and compensation to employees when they perform state or public duties
- Guarantees and compensation for employees combining work with training
- Other guarantees and compensations
Features of labor regulation of certain categories of workers
- Grounds for the selection of certain categories of workers when establishing the features of the legal regulation of their labor
- Categories of workers with differences in the legal regulation of their labor
Specifics of Labor of Women and Persons with Family Responsibilities
- Grounds for the allocation of women and persons with seed responsibilities to a special category of workers
- Guarantees for women in employment and termination of an employment contract
- Guarantees for women and persons with family responsibilities in the process of using their labor
- Guarantees for rural women
Features of labor regulation of employees under the age of 18
- Minor workers as a special category
- Hiring and firing underage workers
- Features of the use of minors' labor
Features of labor regulation of persons working in the Far North and equivalent areas
- Persons working in the Far North and equivalent areas, as a special category of workers
- Conclusion and termination of an employment contract with persons working in the Far North and equivalent areas. Compensation and guarantees
- Features of regulation of remuneration of persons working in the Far North and equivalent areas
Features of labor regulation of employees of certain professional groups
- Transport workers
- Pedagogical workers
- Sports workers
- Medical workers
Labor disputes
- The concept and types of labor disputes
- Individual labor disputes
- Alternative procedure for the settlement of individual labor disputes
- Types and procedure for resolving collective labor disputes
Protection of workers' labor rights
- Self-defense of labor rights
- State supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms
- Protection of labor rights of workers by trade unions
Offenses and liability in labor law
- Labor offense
- Disciplinary misconduct. Disciplinary responsibility
- Responsibility of employers for violation of labor legislation and other regulatory legal acts containing labor law norms
Material liability of the parties to an employment contract
- The concept and signs of material responsibility
- Material liability of the employer to the employee
- Material liability of the employee to the employer
Fundamentals of Labor Law foreign countries
- General characteristics of the labor legislation of foreign countries
- Institute of Social Partnership in Labor Law of Foreign Countries
- Labor justice in foreign countries
Model labor legislation of the CIS countries
- General characteristics of the model labor legislation of the CIS countries
- Model Labor Code concept
- Model Law on Labor Protection
- Model Law "On Social Partnership"
- Agreements and collective agreements
- Participation of employees in the management of the organization
- Recommended legislative act "Migration of labor resources in the CIS countries"

Labor law system

The system of labor law is a set of relatively independent parts of labor law with their division into separate structural units - institutions, sub-institutions, separate norms.

The system of labor law, like many other branches of law, for example criminal, civil, administrative, includes the General and Special Parts. The norms of the General part of labor law regulate such issues in the field of labor as: the subject and methods of labor law, principles, the subject composition of participants in labor relations, the concept and types of an employment contract, regulation of working hours and rest time, the concept of labor discipline and work schedule, etc. the foundation of the provisions of the Special part of labor law. A special part regulates the legal status of not all workers, but only certain categories, as well as some individual institutions of labor law. Here are concretized and specified general rules.

The institution of labor law is a relatively isolated set of legal norms regulating qualitatively homogeneous relations that develop in the world of work.

The modern system of labor law includes, in particular, the following institutions:

social partnership in the world of work;
labor contract;
working hours and rest hours;
salary;
protection of employee personal data
guarantees and compensations;
work schedule and work discipline;
professional training and advanced training of employees;
material liability of the parties to the employment contract;
occupational Safety and Health
labor disputes;
protection of workers' labor rights, etc.

Subinstitutions of labor law are a group of labor law norms within an institution that regulate similar legal relations. So, among the subinstitutions of an employment contract, one can single out "fixed-term employment contract", "part-time work", "combination", "transfers and relocations", etc. When considering the institute "working hours and rest hours", one can see subinstitutions: overtime work, working hours, work experience, vacation, etc. Labor discipline and work schedule as an institution of labor law include "internal labor regulations", " disciplinary action"," Incentives ", etc. In the institute of vocational training, retraining, advanced training of workers, for example, a sub-institute is allocated apprenticeship agreement, at the labor protection institute - "medical examination".

a common part ... The general part of labor law is a set of norms and provisions that apply to all institutions, legal relations and apply to all subjects of labor law without exception.

The general part of labor law includes:

subject, method of labor law;
system and structure of labor law;
goals and objectives of legal regulation of labor relations;
basic principles of legal regulation of labor relations and other relations directly related to them;
the concept and grounds for the emergence of labor relations;
the subject composition of labor relations;
the rights and obligations of the parties to the employment relationship;
institute of social partnership in the labor sphere;
labor contract, its concept and types;
conclusion, amendment and termination of an employment contract;
protection of employee personal data
working hours, its modes;
Time relax;
wages and work rationing;
general guarantees and compensations;
labor discipline and work schedule;
professional training, retraining and advanced training of employees;
occupational Safety and Health.

The listed institutions (basic provisions) serve as the legal foundation for the provisions of the Special Part of Labor Law.

Special part... A special part of labor law is designed to concretize and clarify general rules. Here, the norms and provisions concerning the legal status of not all employees are systematized, but only certain categories (depending on professional affiliation, social group, work schedule, etc.).

In particular, four structural groups can be distinguished in the Special Part of the Labor Code. The first group is the provisions containing the features of labor regulation of certain professional categories of workers. These include the following institutions and individual norms:

labor of transport workers (Chapter 51 of the Labor Code of the Russian Federation);
labor of teaching staff (Chapter 52 of the Labor Code of the Russian Federation);
work of athletes and coaches (chapter 54.1 of the Labor Code of the Russian Federation);
labor of medical workers (Article 350 of the Labor Code of the Russian Federation);
labor of creative workers of the media, cinematography organizations, television and video filming teams, theaters, theater and concert organizations, circuses and other persons. participating in the creation and (or) performance (display) of works (Article 351 of the Labor Code of the Russian Federation);
restrictions on employment in the field of education, upbringing, development of minors, the organization of their recreation and health improvement, medical care, social protection and social services, in the field of youth sports, culture and art with the participation of minors (Article 351.1 of the Labor Code of the Russian Federation).

labor of the head of the organization and members of the collegial executive body of the organization (Chapter 43 of the Labor Code of the Russian Federation);
labor of workers of religious organizations (Chapter 54 of the Labor Code of the Russian Federation);
labor of employees sent to work in diplomatic missions and consular offices of the Russian Federation, as well as in representations of federal executive bodies and state institutions of the Russian Federation abroad (Chapter 53 of the Labor Code of the Russian Federation);
labor of persons working in organizations of the Armed Forces of the Russian Federation and federal executive bodies in which military service is provided for by the legislation of the Russian Federation, as well as workers undergoing alternative civilian service replacing military service (Article 349 of the Labor Code of the Russian Federation);
labor of employees of state corporations, state companies (Article 349.1 of the Labor Code of the Russian Federation).

The third group refers to the regulation of labor of preferential categories of workers:

women, persons with family responsibilities (Chapter 41 of the Labor Code of the Russian Federation);
persons under the age of 18 (chapter 42 of the Labor Code of the Russian Federation);
workers employed in underground work (chapter 51.1 of the Labor Code of the Russian Federation);
working in the regions of the Far North and equivalent areas (Chapter 50 of the Labor Code of the Russian Federation).

The fourth group includes - features of the regulation of labor of persons working in a special regime, in special conditions:

part-time workers (Chapter 44 of the Labor Code of the Russian Federation);
employees who have entered into an employment contract for up to two months (Chapter 45 of the Labor Code of the Russian Federation);
workers employed in seasonal work (Chapter 46 of the Labor Code of the Russian Federation);
persons working on a rotational basis (chapter 47 of the Labor Code of the Russian Federation);
employed by employers - individuals (Chapter 48 of the Labor Code of the Russian Federation);
homeworkers (chapter 49 of the Labor Code of the Russian Federation).

In addition to the General and Special Parts, another one can be distinguished in labor law - the Special Part.

Special part... Despite the fact that the Labor Code does not know a special section where the norms and concepts of offenses in the labor sphere, norms on disciplinary offenses and liability for them, norms on violations of legislation by employers, imposition on the system of protection of violated rights of workers, etc. ., all these norms are contained in the Code, however, they are divided into different parts and chapters of the Labor Code. It seems that all of them should be concentrated in a special section (s), which constitute the Special part of labor law.

Thus, the Special Part includes norms:

on disciplinary misconduct and disciplinary liability;
on the responsibility of employers for violation of labor legislation and other regulatory legal acts containing labor law norms.

In addition to those indicated, this should include such institutions as:

labor disputes;
protection of workers' labor rights;
state supervision and control over the observance of labor legislation and other normative legal acts containing labor law norms;
material liability of the parties to the employment contract.

The labor law system should be distinguished from the labor law system.

legislation which, in addition to the Labor Code of the Russian Federation (the basic source of Russian labor legislation), also includes generally recognized principles and norms of international law and international treaties of the Russian Federation.

Labor law

Labor Law of the Russian Federation- an independent branch of Russian law that regulates relations in the field of wage labor. Is a relatively young industry Russian law(the moment of origin refers to the turn of the 19-20 centuries), and one of the founders independent industry of labor law became the scientist L.S.Tal.

In Russia, the main source of labor law is currently the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (with subsequent amendments and additions), which replaced the Labor Code of the RSFSR.

From labor law to recent times public legal blocks are highlighted, such as law social security(in relation to public off-budget "social funds") or the peculiarities of hiring labor for the performance of exclusively public (state and municipal) official functions.

Subject, goals, features and functions of labor law of the Russian Federation

Item[

The subject of labor law of the Russian Federation is labor and other relations directly related to them. This provision is enshrined in Art. 1 of the Labor Code of the Russian Federation. Thus, we can distinguish:

Individual labor relations (ITO)

· public relations closely related to labor (OOTT) by:

· Labor organization and labor management;

· Employment with this employer;

· Training and additional professional education of employees directly from the given employer;

· Social partnership, collective bargaining, collective bargaining and agreements;

Participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided by law;

· Material responsibility of employers and employees in the labor sphere;

· State control (supervision), trade union control over observance of labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms;

· Resolution of labor disputes;

· Compulsory social insurance in cases stipulated by federal laws.

Goals

Labor Code of the Russian Federation in para. 1 p. 1 of Art. 1 sets out the objectives of labor law, expressed as follows:

Establishing state guarantees labor rights and freedoms of citizens;

· Creation of favorable working conditions;

· Protection of the rights and interests of employees and employers.

Signs

1. Relationships arise between an employee and an employer on the basis of an employment contract. 2. It's a relationship wage labor... 3. In labor law, there is a relationship of subordination with submission to the rules of the internal labor schedule. 4. An employee performs work for a specific position, specialty, qualification. 5. The employee is included in the staff of the organization. 6. Labor law pays for the labor process, not its result. 7. The employee is provided social guarantees(labor rationing, weekends, holidays, vacations, payment sick leave, social insurance.

Functions

Functions - the main directions of legal regulation of social relations regarding the use of hired labor. Generally accepted in the theory of law is the classification of functions into

· Special legal (regulatory and protective);

General social (educational, information-orientational, social control, etc.)

However, in the theory of labor law, there are two concepts of the functions of law. Firstly, these are the functions of legal impact and, secondly, the functions of legal regulation. ...

Specific to labor law are production and protective function, the allocation of which is based on the social purpose of this industry. Production function implemented through the impact on social relations associated with labor productivity, production efficiency, quality of work. Protective (social) function- through the impact on public relations related to the protection of the health of workers, the consolidation and protection of their labor rights and interests, the improvement of working conditions. The existence and expediency of separating these functions in science was substantiated by S.A. Ivanov

Labor law system of the Russian Federation

The labor law system is expressed in a set of legal norms. The system of the labor law branch includes 3 parts:

· Special;

The general part includes basic concepts, principles, legal status of subjects, etc. A special part is devoted to the legal regulation of individual institutions of labor law. For example, the institution of an employment contract, working hours and rest time, labor protection ... A special part is devoted to the legal regulation of the peculiarities of labor of certain categories of workers (heads of organizations, minors, pedagogical, etc.) In turn, each of the three parts is divided into institutions, subinstitutes , subinstitutes, etc.

Principles of regulation of labor relations [

The principles of labor law, on the one hand, as normatively enshrined fundamental ideas, ensure the unity of the normative content of the industry, its social value, determine the direction of the industry's development, on the other hand, the principles act as specific tools for overcoming contradictions, collisions, and gaps in legal regulation.

The principles of regulation of labor relations are enshrined in Art. 2 of the Labor Code of the Russian Federation. Their list is as follows:

· Freedom of labor, including the right to work, which everyone freely chooses or to which freely agrees, the right to dispose of their abilities for work, to choose a profession and type of activity;

· Prohibition of forced labor and discrimination in the world of work;

· Protection from unemployment and assistance in employment;

Ensuring the right of every employee to fair working conditions, including working conditions that meet safety and hygiene requirements, the right to rest, including limiting working hours, providing daily rest, days off and non-working holidays paid annual leave;

· Equality of rights and opportunities for employees;

Ensuring the right of every employee to timely and full payment of fair wages, ensuring a decent human existence for himself and his family, and not lower than that established by federal law minimum size wages;

Ensuring equal opportunities for employees without any discrimination for promotion at work, taking into account labor productivity, qualifications and work experience in their specialty, as well as for training and additional professional education;

· Ensuring the right of workers and employers to associate to protect their rights and interests, including the right of workers to form trade unions and join them;

· Ensuring the right of employees to participate in the management of the organization in the forms prescribed by law;

· Combination of state and contractual regulation of labor relations and other relations directly related to them;

· Social partnership, including the right to participation of employees, employers, their associations in the contractual regulation of labor relations and other relations directly related to them;

· The obligation to compensate for harm caused to the employee in connection with the performance of his labor duties;

· The establishment of state guarantees to ensure the rights of workers and employers, the implementation of state control (supervision) over their observance;

Ensuring the right of everyone to be protected by the state of his labor rights and freedoms, including judicial protection;

· Ensuring the right to resolve individual and collective labor disputes, as well as the right to strike in the manner established by this Code and other federal laws;

The obligation of the parties to the employment contract to comply with the terms of the concluded contract, including the right of the employer to require employees to fulfill their labor duties and respect for the property of the employer and the right of employees to require the employer to comply with his obligations in relation to employees, labor legislation and other acts containing labor law norms ;

· Ensuring the right of representatives of trade unions to exercise trade union control over the observance of labor legislation and other acts containing labor law norms;

· Ensuring the right of workers to protect their dignity during the period of employment;

· Ensuring the right to compulsory social insurance of employees.

Analyzing the principles enshrined in the Labor Code of the Russian Federation, V.N. Skobelkin proposed to reduce them to 10 basic principles:

Legality

Fairness of legal regulation of labor and related relations

Multilevel legal regulation

Inadmissibility of discrimination

Partnership and cooperation in the world of work

Participation of employees and trade unions in the management of the enterprise

Implementation of public control over the observance of labor legislation

Maintaining high level legal support for the implementation of labor rights and legitimate interests

Self-defense and self-realization of the labor rights of employees

Recognition of the illegality of normative and law enforcement acts that contradict acts of a higher force

Availability and free of charge appeal by employees in the procedural or procedural order illegal actions employer.

V modern system principles of labor law, a special place is given to international legal principles. One of the main trends in labor law is associated with the growing role of generally recognized principles and norms of international labor law. The principles of international labor law can be divided into three categories:

Generally recognized international principles (legally enshrined in the law, recognized by the international community as a whole, secured by international legal guarantees)

Equality

· cooperation

Fulfillment of obligations in good faith

Peaceful settlement of disputes

Non-interference and non-use of force

Respect for fundamental human rights

The right of a nation to self-determination

International principles of labor law of international regional community-states

Freedom of labor

Freedom of association

· Equality of labor rights

Fairness of working conditions

Social partnership

Prohibition of forced labor

Prohibition of discrimination

Ensuring the labor rights of socially unprotected categories of the population

Comprehensive protection of labor rights

· Principles contained in interstate, intergovernmental and interdepartmental international treaties.

From a legal point of view, labor law is a branch of law that regulates relations between employers and their subordinates. This science was created to ensure the rights of every working citizen, and without the application of its provisions, the legal labor activity impossible.

Labor law system

The labor law system should be understood as a set of its individual parts, which are divided into separate units: institutions, subinstitutions, certain norms. This system includes general, special and special parts, which, in turn, are also subdivided into sub-items and subjects.

What the general part consists of:

The subject of labor law. It is the relationship that arises between managers and their employees.
General Provisions. They are formulated in the Constitution and the Labor Code of the Russian Federation. According to them, everyone has the right to work, but they can regulate legal relations not only between managers and subordinates, but also production activities between labor and professional collectives. In textbooks, the provisions are usually assigned the largest part, and specialists need to study them in more depth.
Principles. They represent the foundations anchored in labor law... This includes the inadmissibility of discrimination in any form, the inadmissibility of belittling the dignity of the employee's personality; a ban on the collection, storage and dissemination of information about a private person without his permission; the right to freedom of work and the prohibition of forced labor; ensuring optimal working conditions; the right to guaranteed and timely wages; the right to rest; the right to legal disputes, incl. and strikes; the right to judicial protection of all parties to an employment relationship.
Sources. This includes all legislative acts related to the settlement of labor process and disputes.
The status of subjects of labor law. These include all employed individuals as well as employers, legal entities, social partners, primary trade union organizations, employment centers, courts, labor inspection. Their status is determined legal characteristic, which gives them a place in the system of labor relations. Also, the status contains several elements, which include the basics of labor duties and rights and guarantees for their provision, the responsibility of the parties in case of their violation.

A special part of labor law is more extensive and contains many norms. For example:

Institutions of relations in the field of labor: labor contract, safety precautions, wage, Time relax; labor rights of young people, women, people with disabilities, family members; working hours.
Institutions of labor-related relations: specifics of employment, labor discipline, benefits for certain categories of employees, control and enforcement of legal norms, training in a specialty, responsibility of a manager and an employee in the event of any damage caused by any of them.

As for the special part of labor law, it contains norms on the disciplinary responsibility of employees, as well as on measures taken against managers who do not comply with labor legislation. In addition, this includes certain institutions:

Protection of the rights of employed citizens.
Settlement of conflicts and disputes.
Supervision over the observance of labor law norms by the State.
Responsibility of the parties to the employment relationship.

Also, the special part includes international normative acts used in labor sphere.

Labor legislation

Legislative acts are the main sources of this area of law, and they are arranged in a hierarchy:

Constitution of the Russian Federation. It guarantees every person the right to work and to protect his interests.
Labor Code. It regulates the main tasks and goals of legislation, social partnership in the labor sphere; the nuances of drawing up, adjusting, terminating an employment contract, as well as its content; working hours and rest hours of employees; the right to grant leave, the duration of vacations, the procedure for their registration; rationing and wages; compensation payments due to employees; discipline; requirements for the qualifications of employees; organization and requirements for labor protection; financial responsibility parties to labor relations; the peculiarities of the work of certain categories of employees (minors, family members, heads of organizations working part-time, employed in seasonal work, working on a rotational basis, etc.); protection of the parties to labor relations.
Ratified by RF international agreements: eg ILO Conventions.
Decrees of the President of the Russian Federation. For example, “On the attraction and use of foreign work force"From 1993," About additional measures on the protection of the labor rights of citizens of the Russian Federation "," On advanced training and retraining of federal civil servants. "
Resolutions of the Government of the Russian Federation concerning the world of work.
Some departmental acts various ministries: Ministry of Finance, social development etc.
Normative acts of administration bodies municipal district or urban district. They operate only at the territorial level.
Acts issued in the USSR, but not contradicting current legislation RF.
Agreements entered into between workers and employers at the regional, local, federal, professional or industry level.
Collective agreements concluded in specific organizations.
Orders of heads of enterprises that do not contradict legislation that has a higher legal force.

Legal relationship

The relationship between the leader and his subordinates, arising from the moment of the crime by the latter to their labor duties are called legal relationship in the labor sphere. Unlike civil relations, they are valid only in this area, and are terminated from the date of termination labor agreement... Such legal relationships are divided into several groups:

For the settlement of labor disputes.
By managerial and organizational areas.
On the responsibility of the employee and the employer for damage caused to each other.
On-the-job training.
For disciplinary responsibility.

The science

Labor law itself as a science includes the study of concepts such as subject matter, principle, methods of this branch of law; legal sources, legal relations in the labor sphere, legal regulation employment, vocational training and features of relations in the labor field.

Studying this science, you should pay attention to:

The science of labor law abroad.
The history of labor law.
Social partnership.
Labor organization.
Subjects of labor law.
The subject of this legal branch.
Relations in the managerial sphere.
International regulations in the field of labor.

The science of labor law is constantly being finalized and improved, but all its principles are enshrined in legal acts, and their content should not contradict the legislation that has the highest legal force: the Constitution, Federal Constitutional laws, Federal laws and the Labor Code.

In general, labor law is a fairly extensive science that studies all sorts of areas, from the rights and obligations of all parties in this area to the specifics of resolving conflicts in court or through regulatory organizations. In order to avoid trouble, it is advisable for each person to study at least the basics of this science, so that, if necessary, be able to appeal with proven facts and laws.

Peculiarities

All capable citizens are subjects civil law, respectively, they have equal rights... Labor law, on the other hand, guarantees maximum protection for the weaker side - workers, however, employers also get the opportunity to manage labor processes and ensure that discipline is maintained in their organizations.

V Labor Code certain categories of employed citizens are designated, having benefits and "concessions" from the side of the legislation:

Women (especially pregnant women). For example, expectant mothers can apply for a shorter working day and creating more favorable working conditions for themselves.
Disabled people. Like pregnant women, they have the right to easier working conditions, revision of the work schedule, etc.
Minors. The duration of the working day of such persons is strictly limited by the Labor Code of the Russian Federation, and the conditions of their work are also regulated.
Persons with significant family circumstances... For example, when registering a marriage or the death of a close relative, everyone is entitled to 5 days of unpaid leave.
Students studying on the job.

It should be noted that there are special labor rules for certain categories of workers: teachers, managers, media workers, artists, employees law enforcement and trade unions.

Any non-compliance labor standards the head or employee, depending on the circumstances, is punished by the Code of Administrative Offenses of the Russian Federation or the Criminal Code of the Russian Federation, and in order to defend their rights, each of them can apply to Labor inspection, court, prosecutor's office or trade union body. also, disputes are settled by a commission created on the initiative of a manager or an employee, depending on whose rights have been violated.

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What institutions are included in the labor law system. Labor law. What is included in the system of international labor law

Labor law system

Labor law system

Labor legislation

Legal relationship

The science

Peculiarities