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1

Safety of technological processes and production

Publishing house of SFU: Rostov n / a.

The training manual presents methodological principles, methods and means of ensuring safe working conditions in the workplace, technical means of protecting workers from exposure to harmful and dangerous factors.

2

Legal procedure for terminating an employment contract for a single gross violation of labor protection requirements (subparagraph "D" of paragraph 6 of article 81 of the Labor Code of the Russian Federation)

VSU Publishing House

The proposed manual discusses the main legal elements of the implementation of the legal procedure for termination employment contract for the commission of a gross violation of labor protection requirements by an employee. Considerable attention in the manual is paid to the analysis of law enforcement and judicial practice with the termination of an employment contract due to this reason. The main attention is paid to the analysis of mistakes made by employers when terminating an employment contract for a single gross violation of labor protection requirements.

3

The legal procedure for terminating an employment contract for the commission by an employee at the place of work of stealing someone else's property, embezzlement, its deliberate destruction or damage (subparagraph "G" of paragraph 6 of Article 81 of the Labor Code of the Russian Federation)

VSU Publishing House

In the proposed training manual, based on the use of judicial practice of courts of general jurisdiction Russian Federation the basic rules for terminating an employment contract with an employee at the initiative of the employer for theft by the employee at the place of work of theft of someone else's property, its waste, deliberate destruction or damage are considered.

4

Legal procedure for terminating an employment contract for disclosure by an employee of a secret protected by law (subparagraph "B" of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation)

VSU Publishing House

The textbook was prepared at the Department of Labor Law, Faculty of Law, Voronezh State University.

5

Legal procedures for termination of an employment contract at the initiative of the employee, agreement of the parties, test results

VSU Publishing House

The content of this training manual, prepared taking into account the dynamics of development and updating of the current labor legislation, law enforcement and judicial practice, allows the student to consistently analyze the stages of termination of the employment contract at the initiative of the employee, agreement of the parties, test results, to understand the main violations that occur during their implementation in law enforcement practice, to analyze judicial practice in relation to various types individual labor disputes arising in connection with the termination of the employment contract at the initiative of the employee, the agreement between the employee and the employer and the results of the probationary period.

6

Legal regulation of employment and employment

VSU Publishing House

The proposed textbook analyzes in detail the relations that are developing in the labor market, affecting the problems of the majority of the country's population. Through the mechanism of the labor market, the levels of employment of the population are established, and unemployment becomes a significant consequence of the processes taking place in the labor market - a negative phenomenon, but almost inevitable.

7

Election by competition of scientific and pedagogical workers

Prospect: M.

This publication is the first monographic study of the peculiarities of the selection by competition of persons of the teaching staff of organizations that carry out educational activities for implementation educational programs higher education and additional professional programs, and scientists, undertaken on the basis of new regulatory legal acts (Order of the Ministry of Education and Science of Russia dated July 23, 2015 No. 749 "On approval of the Regulations on the procedure for filling positions teaching staff related to the teaching staff”, Order of the Ministry of Education and Science of Russia dated September 2, 2015 No. 937 “On approval of the list of positions of scientific workers to be filled in the competition, and the procedure for holding this competition”). The paper analyzes the practice of applying these acts, which has been formed over two years, judicial practice, and considers typical violations of the procedure for holding a competition, noted Federal Service on supervision in the field of education and science during inspections, formulated practical recommendations on the application of certain controversial provisions of the law. Regulatory material is provided as of December 2017.

8

International Scientific and Practical Conference "History and Scientific Forecasting of the Development of Labor Law and Social Security Law" (Third Gus Readings)

Prospect: M.

This publication is a collection of the main materials of the International Scientific and Practical Conference on Labor Law and Social Security Law “Third Gus Readings”, which was held from June 30 to July 1, 2017 in Moscow, at the Moscow State Law University named after O.E. Kutafin (MSUA). The theme of the conference: "History and scientific forecasting of the development of labor law and social security law."

9

Commentary on the Labor Code of the Russian Federation (item-by-article)

Prospect: M.

The article-by-article commentary to the Labor Code of the Russian Federation was prepared by leading Russian scientists in the field of labor law on the basis of a scientific analysis of the current labor legislation and the practice of its application. The team of authors of the Department of Labor Law and Social Security Law of the Moscow State Law University named after O.E. Kutafin (MSLA) has a long tradition in commenting on labor legislation. Previously, seven editions of the commentary to the Labor Code of the Russian Federation, nine editions to the Labor Code of the Russian Federation, which were highly appreciated by scientists and practitioners, were published. This commentary to the Labor Code of the Russian Federation is a continuation of the work of the team of authors, which has significantly expanded due to the influx of young scientists who are professionally engaged in the study of problems of legal regulation of labor both at the international and national levels. The commentary has been revised and supplemented taking into account the changes made to the Labor Code of the Russian Federation, as well as federal laws and other regulations containing labor law norms adopted since the previous edition. In preparing the commentary, the norms of international labor law and judicial practice were widely used. Regulatory legal acts are given as of February 1, 2018.

10

Prospect: M.

This collection contains some of the most fundamental and significant scientific works on the theory of labor law, its individual institutions, as well as articles on topical issues of the application of labor legislation by Doctor of Law, Professor, Honored Scientist of the Russian Federation Yuri Petrovich Orlovsky for the period from 1961 to the end of 2017.

11

Labor law. Complete list of dissertations. 1934–2017

Prospect: M.

This work is a list of dissertations on labor law, formed on separate topics, which were prepared and defended in the USSR and in Russia since the mid-30s. 20th century to February 2017. As a result of the study, the chronology of the defense of dissertations on each individual topic was revealed, questions were identified, on which this moment there are no dissertations. The paper also provides information about all scientists who defended dissertations for the competition degree Doctors of Law, including information about their age at the time of defense and the period of time between the defense of candidate and doctoral dissertations. The book can be useful when choosing a topic for scientific research on labor law and preparing scientific papers.

12

Actual problems of legal regulation of labor of municipal employees

Prospect: M.

The present tutorial devoted to topical issues of legal regulation of labor of municipal employees in the aspect of theories of the science of labor law. This circumstance allows us to consider the legal regulation of relations in this area as a dynamic, constantly evolving process, determined by its inherent internal contradictions, which in the future will undoubtedly lead to qualitatively new changes. Legislation is current as of December 2017.

13

Actual problems of labor legislation and regulatory legal acts of executive authorities of the constituent entities of the Russian Federation

Prospect: M.

This manual is devoted to the analysis of topical problems of labor legislation and regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation. The work is also a scientific monitoring of labor legislation and regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation, aimed at developing recommendations for eliminating negative phenomena in this area. Legislation is as of January 1, 2018.

14

Legal regulation of personnel management

Prospect: M.

This educational and practical guide is the first publication in the history of labor law science devoted to the issues of legal regulation of personnel management, including the requirements professional standard"Specialist in personnel management", approved by order of the Ministry of Labor of Russia dated October 6, 2015 No. 691n. The theoretical and practical novelty of this manual also lies in the fact that it uses A complex approach to problems in this area in terms of the legal definition of personnel management, which sets the main trends in legal regulation and the use of knowledge of labor economics, labor sociology, and labor psychology. This circumstance makes it possible to systematically determine both scientific and practical approaches to personnel management. Legislation is current as of June 2017.

15

Labor law liability

Prospect: M.

This manual is devoted to the responsibility of employees and employers under labor law. The publication deals with the issues of legal regulation of labor discipline, bringing employees to general and special disciplinary responsibility, attention is paid to the liability of the parties to the employment contract. Legislation is as of July 12, 2017.

16

Topical issues of legal regulation of labor and social security of civil servants

Prospect: M.

This scientific and practical manual is devoted to topical issues of legal regulation of labor and social security of civil servants, considered in the aspect current trends in this area, while recognizing that civil servants are subjects of labor law and social security law. One of the main objectives of this manual is also to assist in the training of civil servants operating in departments, departments of the civil service and personnel of ministries and departments of all levels, as well as employees of departments and personnel departments of the Prosecutor's Office of the Russian Federation and the Investigative Committee of the Russian Federation. Legislation is current as of September 2017.

17

Features of an employment contract with certain categories of employees

Prospect: M.

In the proposed scientific and practical manual, a place is given to special norms that reflect the specifics of the legal regulation of an employment contract with certain categories of workers. The paper pays attention to a fixed-term employment contract, reveals the cases of its conclusion, analyzes labor contracts that establish special rules for their termination, contain adaptation norms and establish additional benefits and benefits for certain categories of workers. The manual discusses the features of an employment contract with those categories of workers whose work is regulated by the Labor Code of the Russian Federation (part-time workers, managers, employees of micro-enterprises, foreign workers, etc.). The scientific and practical manual was prepared on the basis of labor legislation in force as of April 1, 2017.

18

Law and economics: interdisciplinary approaches in science and education. At 4 o'clock Ch. 4

Prospect: M.

April 6–8, 2017 at the Moscow State Law University named after O.E. Kutafin (Moscow State Law Academy) hosted the IV Moscow Legal Forum "Law and Economics: Interdisciplinary Approaches in Science and Education". The collection includes abstracts of reports prepared for meetings of conferences, round tables and sections held within the framework of the Forum.

19

Pre-trial dispute resolution procedures. Litigation Guide

Prospect: M.

The work is devoted to the study of pre-trial procedures for resolving disputes and other social conflicts in the Russian Federation, the CIS countries and some other foreign states: Austria, Germany, France, China, the Netherlands. After analyzing the legislation and other sources, judicial practice, the author gave recommendations for improving the legislation of the Russian Federation in the field of pre-trial settlement of disputes. Legislation is current as of May 2017.

20

Corporate (intracompany) acts

Prospect: M.

The book provides a complete package of corporate regulations governing the activities of corporations (LLCs and JSCs). They are grouped into sections covering all aspects of corporate activity (corporate finance, corporate securities, corporate governance, the use of hired labor in a corporation, corporate social protection, legal work in a corporation). A brief commentary is given, the purpose of which is to give the reader a clear understanding of the features of corporate acts and to facilitate the work on the legal support of corporations.

21

Criminal legal protection of the right to work of persons in need of increased social protection in connection with pregnancy and raising a child

Prospect: M.

The present work is a study of the corpus delicti that provides for liability for unjustified refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under the age of three. The work determines the validity of the criminalization of such acts on present stage, and also in view of the blanket way of presenting the disposition, the ratio of the criminal law protection of the right to work of pregnant women and women with children under the age of three years (and other persons raising children) and labor guarantees when they conclude an employment contract and terminate it is established. The publication has been prepared according to the state of law as of November 2009.

22

Labor disputes and the procedure for their resolution

Prospect: M.

The book is latest edition textbook by Vera Nikolaevna Tolkunova, dedicated to labor disputes. Having withstood a large number of reprints during the life of the author, and today this manual is of significant interest from the point of view of the analysis of the conceptual apparatus, classifications of labor disputes, analysis of the subjects and causes of labor disputes. The publication is supplemented by a preface from Vera Nikolaevna's scientists and colleagues and includes an article about her life and the scientific heritage of the famous historian in the field of labor law, Professor A.M. Lushnikov.

23

Russian labor law

Prospect: M.

The textbook is prepared in accordance with the program training course on labor law, taking into account the dynamics of the development of legislation in the modern period. The authors of the textbook, guided by the Constitution of the Russian Federation, reflected in it the provisions of the Labor Code of the Russian Federation and modern labor legislation. The textbook can be useful for students of all forms of education, as well as for all those interested in the problems of labor law in Russia, international and foreign labor standards. Legislation is as of November 1, 2016.

24

Labor law and labor relations

Prospect: M.

The proposed textbook has been prepared in accordance with the State Educational Standard for Higher vocational education in the areas of "Jurisprudence", "Management", "State and municipal administration", "Economics". The manual discloses the legal norms governing labor and other directly related relations in a contractual manner. Legislation is as of July 1, 2016.

25

Labor and quality of working life: practice and theory of regulation in Western countries and Russia

Prospect: M.

The book examines the most important aspects of the organization of social labor and the quality of working life from the standpoint of practice and theory of their regulation during the formation and development of an industrial society. The most important characteristics of labor are analyzed taking into account the provision acceptable quality working life, the role played by the state in organizing labor and achieving the material well-being of employees and their families in economically developed countries and Russia during the nineteenth and twentieth centuries. Much attention is paid to issues of ownership of the results of labor, forms and organization, space and time of work, wages and pension insurance, state budget policy, labor protection and health of workers. Legislation is current as of May 2017.

26

Social contracts in law

Prospect: M.

The monographic work offered to the attention of readers is a continuation of a long-term research project carried out within the framework of the traditions of the Yaroslavl Law School (see: Yaroslavl Law School: Past, Present, Future. Collective monograph edited by S.A. Egorov, A.M. Lushnikov, N.N. Tarusina. Yaroslavl, 2009. 834 with.). It is a comprehensive study of the doctrines of contracts in the field of family law, labor law and social security law - based on the general legal and civil theory of this construction. Legislation is current as of March 2016.

27

Implementation of rights and freedoms in the field of labor law and social security law

Prospect: M.

This collection includes selected materials of the reports of the participants of the section of labor law and social security law of the joint XVII International Scientific and Practical Conference of the Faculty of Law of Moscow State University named after M.V. Lomonosov and the XI International Scientific and Practical Conference "Kutafin Readings" of the University named after O.E. Kutafin (MSAL) "Ensuring the rights and freedoms of the individual in the modern world", held in November 2016 at the Faculty of Law of Moscow State University named after M.V. Lomonosov.

28

Labor protection (safety and hygiene): topical issues of labor law

Prospect: M.

The training manual deals with conceptual theoretical and applied practical issues of labor protection (safety and hygiene). The work uses regulatory legal acts containing the norms of the labor law of Russia, international labor law and the labor law of some foreign countries. The advantage of the publication is judicial practice: rulings and rulings of the Constitutional Court of the Russian Federation; decisions of the Plenum of the Supreme Court of the Russian Federation, decisions, rulings and resolutions of courts of general jurisdiction on specific labor cases. Proposals are made to improve Section X of the Labor Code of the Russian Federation and other regulatory legal acts containing norms on labor protection (safety and hygiene). Legislation is as of June 1, 2016.

29

Features of the legal regulation of labor of aviation personnel of civil aviation in the countries of the Eurasian Economic Union

Prospect: M.

The presented scientific and practical manual is the first work in the history of domestic and foreign science of labor law and the science of air law, devoted to the peculiarities of the legal regulation of labor of aviation personnel of civil aviation in the countries of the Eurasian economic union(EAEU), which are analyzed using comparative method. Much attention in the manual is paid to the issues of the influence of international norms on the legal regulation of the labor of civil aviation personnel of the EAEU countries in the aspect of international labor law and international air law. In addition, for the first time in the Russian science of labor law, changes in the legal regulation of labor of civil aviation personnel of the Kyrgyz Republic after the adoption of the Air Code of the Kyrgyz Republic dated August 6, 2015 No. 218 are being studied. Legislation is given as of March 2017.

31

Ontology of domestic science of labor law in the post-Soviet period

Prospect: M.

This scientific publication presents a description of the development of the science of Russian labor law in the post-Soviet period (1991–2016) based on author's detailed reviews of scientific publications, educational literature and a number of publications of other genres of an industry nature. Some attention is paid to the studies of foreign authors devoted to the comparative legal aspects of labor law, as well as other industry studies in Russian.

32

Atypical employers in the Russian Federation: legal nature and development prospects

Prospect: M.

The monograph presents a legal description of the essence of certain types of employers, considered as atypical. The paper puts forward the concept of dividing employers into types: typical and atypical; provides recommendations on the legal regulation of labor relations with the participation of religious and sports organizations, private employment agencies, as well as employers - individuals, which are not individual entrepreneurs. The study is based on the analysis of a wide range of scientific papers and Russian law enforcement practice of legal regulation of labor relations with the participation of atypical employers. Legislation is current as of December 2015.

33

Illegal deprivation of an employee of the opportunity to work as a basis for the employer's liability

Prospect: M.

In the book, which is a monograph, based on modern legal literature on the theory of law, the theory of labor law, international legal regulations, the norms of the labor legislation of the Russian Federation set out the issues of the liability of the employer in connection with the illegal deprivation of the employee of the opportunity to work, as well as in other cases provided for by labor legislation. At the same time, general criteria for the violation by the employer of the rights of employees arising from labor rights relations. The undoubted merit of the book is the wide use of judicial practice on the topic. The monograph contains practical recommendations on the application of legislation on the liability of the employer in accordance with the norms of domestic labor law. Legislation is current as of May 2017.

34

Methodology of scientific research in the field of labor law

Prospect: M.

The textbook is the first fundamental work in Russia on the methodology of scientific research in the field of labor law. The need for an educational publication lies in the need to optimize the process of scientific activity in the field of labor law science, which is now mainly developing, as a rule, without taking into account the fundamental postulates of the theory of knowledge (epistemology). This training manual aims to fill the gap in the field of teaching the skills of scientific activity by clearly fixing the requirements that all work in the field of labor law must meet. Legislation is current as of May 2016.

35

Competitive and labor legal relations of pedagogical workers of educational organizations of the Russian Federation

Prospect: M.

The book, in accordance with the current legislation of the Russian Federation, outlines the features and problems of legal regulation of labor relations of pedagogical workers of organizations engaged in educational activities for the implementation of educational programs of higher education and additional professional programs. Based on the practice of applying the Labor Code of the Russian Federation, the actual problems associated with the competition, admission, transfer and dismissal of teachers are revealed. The legal regulation of working time, rest time and wages for this category of workers is considered. The book contains recommendations and proposals for improving the legal regulation of the work of teachers. It can become an indispensable assistant for teachers and heads of educational organizations in the regulation of labor relations. Regulatory material is provided as of March 1, 2016. This publication will help teachers and educational organizations regulate labor relations in such a way as to exclude the causes of labor conflicts, as well as protect their interests in the event of individual labor disputes.

36

Labor Code of the Russian Federation with a guide to legislation and judicial practice

Prospect: M.

These article-by-article materials for the Labor Code of the Russian Federation have been prepared in accordance with latest changes in legislation. In this reference and practical guide, each article of the Labor Code is accompanied by a selection of relevant regulations on the issues regulated in this article. The materials are given as of March 2016.

1. Subject, method and system of labor law

1.1. The concept and subject of Russian labor law

Labor law as a branch of law is the most important branch of Russian law that regulates labor relations between an employee and an employer.

labor law - this is a set of legal norms regulating social relations that are formed in the process of citizens exercising the right to work, in the process of the functioning of the wage labor market, the organization and use of wage labor on the basis of an employment contract with a legal or natural person.

The subject of labor law are labor relations in the social organization of labor and some other relations closely related to them, that is, the totality of social relations on labor in production. These relationships include:

✓ organizational and managerial;

✓ control and supervisory;

✓ on consideration of labor disputes;

✓ on employment and employment of the population;

✓ on professional training and advanced training of personnel directly at the production site.

Labor law gives the parties to labor relations and relations directly related to them certain labor rights and obligations.

Organizational and managerial relations (social partnership) arise with regard to the participation of workers and their representatives in the organization and management of collective labor. The subjects of such relations are employers and employees, as well as their representatives. Such relations arise in connection with the adoption of local legal acts regulating the working conditions of employees of this organization; in connection with the conduct of collective bargaining and the conclusion of collective agreements and agreements on social and labor issues. A third partner, an executive authority or local self-government body, may also be a party to the agreements. These relations accompany labor relations, for the employee they arise from the moment he enters the team.

Relations on supervision and control of labor protection and compliance with labor legislation and labor protection rules(supervisory) arise between employers, officials and bodies of supervision and control over compliance with labor legislation (Article 244 of the Labor Code). These relations are aimed at creating healthy, safe working conditions, protecting the social and labor rights and legitimate interests of the employee.

Labor dispute relations arise between the disputing parties and the body considering an individual or collective labor dispute regarding the establishment of working conditions and their application. These relations accompany labor or come to replace them.

Relations on employment and employment of the population arise:

✓ between employment services and citizens regarding employment, organization of public works and maintenance of the unemployed;

✓ between the employment service and employers regarding the exchange of information and sending citizens to work;

✓ between citizens and employers regarding the conclusion of an employment contract based on the direction of the employment service.

These relations usually precede labor relations, but may also accompany or replace them.

Relations on professional training and advanced training of personnel directly at the workplace arise between the employee and the employer regarding on-the-job training, advanced training with or without interruption from work or training management.

1.2. Goals, objectives and functions of labor law

Objectives of labor law are to establish state guarantees of labor rights and freedoms of citizens, create favorable working conditions, protect the rights and interests of workers and employers.

Main tasks of labor legislation – creation of the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as the legal regulation of labor relations and other directly related relations in terms of:

✓ labor organization and labor management;

✓ employment with this employer;

✓ professional training, retraining and advanced training of employees directly from the given employer;

✓ social partnership, collective bargaining, conclusion of collective agreements and agreements;

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

✓ material liability of employers and employees in the sphere of labor;

✓ supervision and control (including trade union control) over compliance with 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.

Functions of labor law - this is the impact of labor law on the behavior of people in the labor process to achieve the goals and objectives of labor legislation.

The main functions of labor law:

✓ protective– creation of a system of state guarantees of the labor rights of workers;

✓ production– protecting the interests of the employer in labor relations;

✓ educational - reflected in the rules on incentives, in the rules on disciplinary and material liability.

1.3. labor law method

labor law method - this is a set of techniques, methods used by the state for the legal regulation of labor and closely related relations. The method of labor law consists of the following industry-specific methods of legal regulation of labor:

✓ rule-making process;

✓ the basis for the emergence of labor relations;

✓ legal status of subjects of labor law;

✓ The uniqueness of ways to protect labor rights and enforce job duties.

✓ Rulemaking process expressed in the expansion of the scope of contractual regulation of working conditions in collective agreements (agreements) and individual labor agreements (contracts). The state establishes centrally:

✓ the procedure for conducting collective negotiations, concluding collective agreements and agreements;

✓ the procedure for resolving individual and collective labor disputes;

✓ minimum rights and labor guarantees for employees. This minimum may be increased in collective agreements (agreements) and contracts.

The basis for the emergence of labor relations . Labor law is characterized by the contractual nature of the establishment of labor relations. An employment contract generates an employment relationship between an employee and a given organization and establishes the necessary conditions for it. The collective agreement establishes local norms that apply only to employees of this production.

Legal status of subjects of labor law characterized by a combination of equality of arms and subordination. Equality of the parties to labor contracts - at their conclusion and termination, subordination - in the labor process to the rules of internal labor regulations.

Protection of labor rights is carried out in organizations (commissions on labor disputes) for the consideration of individual and collective labor disputes. The fulfillment of labor duties is ensured by incentive measures and specific sanctions - measures of disciplinary, material liability and additional measures of labor influence. The protection of labor rights can also be combined with judicial protection enshrined in the Constitution of the Russian Federation. In the sanctions of the legislation for labor offenses, such a measure as a fine imposed on officials and employers is being expanded.

Through their representatives, trade unions, labor collectives and employers, employees participate in the legal regulation of labor, that is, in the establishment and application of labor legislation, in monitoring their implementation, and in protecting labor rights.

1.4. Labor law system

Russian labor law system - this 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 (institutions) and their parts (sub-institutions).

Legal institutions, depending on the content and nature, are divided into two main parts of labor law - General and Special.

General part of labor law covers norms that are of general importance, since they are manifested in the regulation of all or the vast majority of elements of labor and other related social relations.

The General Part of Labor Law includes norms relating to the legal regulation of all employees as a whole, and not on its individual elements and working conditions. It includes legal norms that determine the subject, tasks, scope of labor law, the procedure for establishing legal norms in the field of labor, the main content of labor and other related relations, as well as the basic principles of legal regulation of the labor of employees.

The General Part also includes the norms that establish the right of employees to participate in the management of the organization and the main forms of such participation through representative bodies, and above all through trade unions, forming the institution of the legal status of trade unions and the collective of workers, as well as the norms on social partnership in the sphere of labor, order conducting collective negotiations, conclusion of collective agreements and agreements.

Special part of labor law much wider than the common part. At the same time, the role and functions of the legal institutions of this part differ. Some institutions are called upon to regulate certain elements of content labor relations(for example, the institution of an employment contract regulates the procedure for the emergence, change and termination of labor relations); others - any one of the relations related to labor (for example, relations for the consideration of labor disputes).

The Russian labor law system includes the following institutions:

✓ employment and employment (combines the rules governing relations related to finding citizens suitable job);

✓ an employment contract (combines the rules governing hiring, transfers and dismissals);

✓ vocational training, retraining and advanced training of employees directly from the employer;

✓ working time;

✓ rest time;

✓ payment and labor rationing;

✓ guarantees and compensations;

✓ labor discipline;

✓ labor protection;

✓ material liability of the parties to the employment contract;

✓ features of labor regulation of certain categories of workers;

✓ supervision and control (including trade union control) over compliance with labor legislation (including labor protection legislation);

✓ resolution of labor disputes.

These institutions of Russian labor law, within the scope of this branch of law, are designed to regulate a separate type of social relations or a separate element of a single labor relationship.

The system of labor law is fixed in various forms, and above all in the Labor Code of the Russian Federation.

1.5. Correlation of labor law with other branches of law

Labor law as an independent branch of law that regulates the labor relations between the employee and the employer, at the same time is closely connected and interacts with other branches of law - constitutional, civil, administrative, etc.

Relationship between labor law and constitutional law

Constitutional law is fundamental to labor law. It establishes fundamental rights and guarantees, such as the right to work, the prohibition of forced labor and discrimination in the sphere of labor, freedom of labor, etc. Labor law norms should not contradict the norms of the Constitution of the Russian Federation. However, the constitutional norms are concretized in the norms of labor law.

Relationship between labor law and civil law

Labor relations are closely related to civil relations, since they arise from contractual relations between the parties and are of a reimbursable nature, but differ in the subject matter of the contract.

Relationship between labor law and administrative law

labor law and administrative law regulate the activities of state and other employees who perform organizing functions or ensure their implementation. Employee relationship with manager public institution about his work does not apply to management and is regulated by labor law, like the relationship of an employee with the relevant officials and structural units.

Correlation between labor law and social security law

Labor law regulates relations arising from labor and remuneration for work from the funds of specific organizations, and social security law (on social support families with children, to ensure old age) - relations that develop about, for example, disabled people at the expense of extrabudgetary funds. The object of labor relations is the labor process itself, and the object of social security relations is pensions, benefits, benefits, compensations, etc.

2. Basic principles of labor law

2.1. The concept of labor law principles

Under labor law principles one should understand the fundamental guiding ideas enshrined in the current legislation, which express the essence of the norms of labor law and the main directions of state policy in the field of legal regulation of social relations related to the functioning of the labor market, the use and organization of hired labor.

Labor legislation is designed to provide legal norms for the implementation of basic labor rights and obligations of employees and employers, trade unions and other subjects of this branch of law. The basic principles of legal regulation of labor relations and other relations directly related to them are enshrined in Art. 37 of the Constitution of the Russian Federation.

1. Labor is free. Everyone has the right to freely dispose of his abilities to work, to choose the type of activity and profession.

2. Forced labor is prohibited.

3. Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not lower than that established by federal law minimum size wages and the right to protection against unemployment.

4. The right to individual and collective labor disputes is recognized using the methods of their resolution established by federal law, including the right to strike.

5. Everyone has the right to rest. A person working under an employment contract is guaranteed the duration of working hours established by federal law, holidays and holidays, paid annual vacation.

2.2. Characteristics of the basic principles of labor law

The principle of freedom of labor

Freedom of labor means that only the citizen determines where he can demonstrate his knowledge and abilities. He may enter into an employment relationship with an employer or engage in entrepreneurial or other activities not prohibited by law. economic activity. Freedom of labor also means the right not to work at all. Freedom of labor is incompatible with discrimination and forced labour. Only the abilities of man, his business qualities, knowledge and experience should be taken into account both when concluding an employment contract and when promoting at work.

Prohibition of discrimination at work and forced labor

According to Art. 3 of the Labor Code of the Russian Federation, everyone has equal opportunities to exercise their labor rights. No one may be limited in labor rights and freedoms or receive any advantages, regardless of gender, race, skin color, nationality, language, origin, property, social and official position, age, place of residence, attitude to religion, political opinions, belonging or non-affiliation to public associations, as well as from other circumstances not related to the business qualities of the employee.

Persons who believe that they have been discriminated against in the sphere of labor have the right to apply to the federal labor inspectorate and (or) to the court with an application for the restoration of violated rights, for compensation for material damage and compensation for moral damage.

The prohibition of discrimination in the sphere of work is aimed at ensuring that all citizens have equal opportunities in exercising their abilities to work. Only the business qualities of an employee should be taken into account both when concluding an employment contract and when paying (other conditions) for work.

In accordance with Art. 4 of the Labor Code of the Russian Federation, forced labor is prohibited.

Forced labor – performance of work under the threat of any punishment (violent influence), including:

✓ to maintain labor discipline;

✓ as a measure of responsibility for participating in a strike;

✓ as a means of mobilizing and using labor force for the needs of economic development;

✓ as a punishment for political views or ideological beliefs that are contrary to the established political, social or economic system;

✓ as a measure of discrimination based on racial, social, national or religious affiliation. Forced labor includes:

✓ violation of established payment terms wages or its payment is not in full;

✓ requirement by the employer to fulfill labor duties from the employee, if the employee is not provided with the means of collective or personal protection or the work endangers the life or health of the worker.

In Art. 37 of the Constitution of the Russian Federation states that forced labor is prohibited. This means that no one can be forced to work under threat of punishment. Everyone has the right to choose any kind of activity and profession and has the right not to engage in labor activity at all.

In Art. 4 of the Labor Code of the Russian Federation lists the types of work that are not considered forced labor. This is work that is performed in the order of military service and alternative civilian service; work performed in emergency circumstances (accidents, fires, floods, earthquakes and other emergency circumstances that threaten the life or livelihood of the population; all work performed in the execution of a sentence under a court verdict that has entered into legal force is not considered forced labor.

The right to unemployment protection and employment assistance

The right to protection against unemployment is implemented in the Law "On Employment in the Russian Federation" and other regulatory legal acts.

The social policy of the state also provides for measures in the field of employment. For their implementation, special bodies are created in the person of public service employment of the population of the Russian Federation, headed by the Ministry of Labor of Russia, are allocated financial resources, additional guarantees are provided for ensuring the employment of certain categories of citizens.

The right to work in conditions that meet safety and hygiene requirements

Employers are responsible for ensuring safe working conditions. The principle of ensuring safe working conditions is characterized by a combination of general norms applicable to all workers and special norms providing additional guarantees for underground work, for work with harmful and difficult working conditions, as well as for certain categories of workers, taking into account their age, physiological and other features (youth, women, disabled people, etc.). The principle of ensuring safe working conditions provides for a system of both state and public bodies exercising supervision and control over compliance with labor legislation and labor protection.

Right to rest and fair wages

A person working under an employment contract is guaranteed the length of working time established by federal law, weekends and holidays, and paid annual leave. The right to rest as a principle of labor law is implemented in various norms of the Labor Code of the Russian Federation. Such rules are contained in the chapters of Sect. IV " Work time» and sec. V "Time of rest".

The right to fair working conditions cannot be realized without the right to fair wages. It is guaranteed by the state, which determines measures to ensure an increase in the level of the real content of wages, the amount of the minimum wage, which is established throughout the country and cannot be reduced either by a constituent entity of the Russian Federation, or by a local government, or by a specific organization.

Wages must be paid on time and in full. The Labor Code of the Russian Federation provides for rules that determine the responsibility of the employer for failure to fulfill the obligation to pay employees on time.

The right of workers and employers to associate to protect their rights and interests

Employees and employers can join associations to protect their rights and interests (Article 2 of the Labor Code of the Russian Federation). As a rule, workers are united in trade unions, the main task of which is to represent the interests of workers in relations with employers, state authorities, local self-government, and to protect their labor rights. The interests of employers are represented by their associations - the relevant non-profit organizations. The right of workers and employers to associate underlies social partnership, contractual regulation of labor relations.

The right of employees to participate in the management of the organization

This principle is expressed in giving employees the right to take part directly (at a general meeting) or through their representative bodies (trade unions) in the regulation of labor relations, in the application of normative rules.

The principle of employee participation in the management of an organization is implemented in the articles of the Labor Code of the Russian Federation on social partnership (Articles 27–31 of the Labor Code), decision-making by the employer, taking into account the opinion of the trade union body (Article 371 of the Labor Code), and the procedure for terminating an employment contract on grounds requiring consideration of a reasoned opinion an elected trade union body (Article 373 of the Labor Code), etc.

The principle of observance and protection of labor rights of employees

This principle occupies a special place in the system of basic principles of legal regulation of labor relations. It includes all forms of employee protection: the establishment of employer liability for violations of laws and other regulatory legal acts (Article 419 of the Labor Code), the creation specialized bodies on state supervision and control over compliance with labor legislation (Articles 353–369 of the Labor Code), compensation for harm caused to an employee in connection with the performance of his labor duties (Articles 184, 237 of the Labor Code), judicial protection of the rights of employees, etc.

Individual labor disputes are resolved by labor dispute commissions and courts (Articles 381–397 of the Labor Code); collective labor disputes - with the use of conciliation procedures, and if an agreement is not reached - by declaring a strike, the right to which is provided for in Art. 37 of the Constitution of the Russian Federation and art. 398–418 of the Labor Code of the Russian Federation.

Mutual obligations of the parties to the employment relationship

The duties of employees constitute the content of the legal institution "Labor Discipline". The purpose of such a legal institution is to ensure compliance with the internal labor regulations, conscientious performance by employees of their duties, which they voluntarily assumed as a result of the conclusion of an employment contract. The obligations of employers are not allocated to a legal institution, however, legal norms that impose corresponding obligations on employers are available in almost all sections and chapters of the Labor Code of the Russian Federation: when implementing the terms of an employment contract, observing working hours and rest periods, remuneration, labor protection and etc.

The right of workers to protect their dignity during labor activity

Any illegal actions or inaction of the employer that caused moral harm to the employee are subject to compensation (Article 237 of the Labor Code of the Russian Federation). The protection of the dignity of the employee during the period of his labor activity is also ensured by compensation for material damage. Such damage is compensated, in particular, for incorrect wording in work book reasons for dismissal that offend the dignity of the employee.

The right of workers to compulsory social insurance

This principle is implemented in normative legal acts that provide at the expense of state social insurance funds:

✓ temporary disability benefits;

✓ benefits for pregnancy and childbirth;

✓ childbirth benefits; benefits for caring for a child until they reach the age of 1.5 years;

✓ old-age, disability and survivor's pensions, some categories of workers also pensions for years of service.

The compulsory social insurance system includes insurance against industrial accidents and occupational diseases.

Abstract: The article explores and highlights the unique features of the nature and structure of sport in relation to the labor relations of professional athletes. The following specific features are determined: personalization of labor relations; the specifics of determining the wages of professional athletes; significant risks of damage to the health of a professional athlete and systematic damage to the health of a professional athlete throughout his sports activities; the specifics of the temporal working conditions of professional athletes, which differ significantly from the "standard" for other areas of labor relations; additional duties and responsibilities of professional athletes; features of the transfer of a professional athlete to another job; features of hiring a professional athlete; specifics of the labor market in sports. The factors set out in this article convincingly prove the essential specifics of labor (more precisely, sports and labor) relations of professional athletes and determine the objective factual and instrumental legal necessity of differentiating labor relations in the field of sports. With regard to professional athletes, it is proposed to introduce the term sports and labor relations.

Annotation: Based on a comparative analysis of mediation and mediation procedures in the consideration and resolution of collective labor disputes, the article concludes that they have a single legal nature and the need for their uniform regulation. At the same time, attention is drawn to the fact that the peculiarities of the method of legal regulation and the nature of labor relations require certain features of the legal regulation of the mediation procedure (mediation) in this area. The author proposes his own understanding of the place of mediation in the system of procedures for consideration and resolution of collective labor disputes and the content of the rights of the parties to the dispute to apply to this procedure. The possibility and expediency of using the mediation procedure when considering individual labor disputes are also analyzed and a conclusion is made about the ineffectiveness of this form of protection in resolving individual labor disputes about the right, but the need and obligation to use this procedure when resolving individual labor disputes about interest.

Annotation: The article indicates the reasons that necessitated a study of the role and place of liability under labor law in the system of legal liability of Russian law. It analyzes various points of view of representatives of legal science, including labor scientists, some of whom single out the liability of the employee and the employer as certain types legal liability, while others consider it as part of civil, disciplinary and labor liability, which leads to the assimilation of the material liability of the parties to the employment contract in these types of liability. Thus, all these positions in one way or another do not recognize liability as an independent type of legal liability, which may negatively affect law enforcement practice. In this regard, the article provides a fairly detailed argumentation that shows the fundamental difference between material liability under labor law norms and other types of legal liability, emphasizing the inconsistency of the above approach to understanding material liability under labor law norms. Based on this, the main conclusion is drawn, according to which material liability of the parties to an employment contract, which has a bilateral character, general and specific features, is an integral, indivisible legal category of labor law, which is an independent type of legal liability in Russian law.

Resume: The article is devoted to the issues of correlation of the employment contract and atypical (alternative) forms of employment in the conditions of modern legal regulation. The author made an attempt to consider topical issues of correlation of new relations arising in the field of labor law with labor law, its established views on the subject of labor law and labor relations proper. The article consists of two parts devoted to the theoretical and legislative consolidation of the employment contract and some problems of legal regulation of atypical forms of employment.

Resume: Based on theoretical approaches, the article examines the concept of poverty as a social phenomenon that really exists in modern conditions in our country since the early 1990s, when a market economy began to take shape in Russia. The author gives a brief description of socio-economic policy of the Soviet society, the goals and ways of their implementation are determined. The concept of poverty is inextricably linked with the study of the problems of the standard of living of the population. The paper presents the unity of the views of theoretical scientists on understanding the content of the standard of living, as a socio-economic category, and the existing disagreements regarding the parameters (characteristics) of the standard of living. Poverty in the context of the problem of the standard of living is considered mainly as a consequence of the presence in the family of various kinds of dependents with relatively low wages of breadwinners. The author, along with other social risks, singles out poverty as an independent social risk, and defines its objective criteria.

Abstract: Currently, most foreign workers in Canada find themselves in a vulnerable legal position due to the fact that the labor market is not supported by synchronized government measures in the field of migration management. This leads to a situation where the state has a need for foreign labor, and legitimate opportunities for the realization of these needs are narrowing. The regulation of labor relations with foreign workers under the laws of Canada is of particular interest to Russia in this matter, since it would be very useful for the Russian Federation to study the experience of this country in order to improve its domestic legislation. The article deals with the legal regulation of the labor of foreign workers in Canada. The provisions on the procedure for concluding, amending and terminating an employment contract with foreign workers in Canada, the provisions on job quotas under Canadian law, as well as the provisions relating to the legal regulation of working hours, rest time and wages in Canada are considered.

Annotation:

This article examines and comparative analysis norms of the current international and Russian legislation in the field of protection of the rights of employees in the event of the insolvency of the employer. The social significance of the problem under consideration is noted. It points out the advantages and disadvantages of such methods that ensure the protection of the rights of an employee in the event of an employer's bankruptcy, such as the establishment of privileges in relation to wage claims and the creation of guarantee institutions. The provisions of the draft Federal Law "On compulsory social insurance in case of loss of earnings due to the bankruptcy of the employer", as well as the provisions of the Federal Law No. 316848-6 "On Amendments to Article 4.5 of the Code of the Russian Federation on administrative offenses and the Federal Law "On Insolvency (Bankruptcy)". This method of increasing the protection of the rights of employees in the event of bankruptcy of an organization is analyzed as the introduction of liability of the founders for the debts of a legal entity. It points out the features of protecting the rights of workers, where a unitary enterprise based on the right of economic management acts as the owner of the debtor's property. The methodological and theoretical basis of the study was the work of domestic experts in the field under consideration. Of great importance in the theoretical and practical aspects were the scientific generalizing principles and mechanisms for protecting the rights of workers in case of insolvency in foreign countries. When conducting research and presenting the material, general scientific approaches (systemic) and methods of scientific knowledge (analysis, deduction, scientific abstraction) were applied. On the basis of the study, the author of the article, taking into account current economic conditions, draws a number of conclusions, provides their rationale, and proposes measures to improve the protection of the rights of workers to wages in the event of the insolvency of the employer in the Russian Federation. Thus, in particular, it is proposed: to improve the existing order of satisfaction of creditors' claims in order to increase the privileged status of employees of bankrupt organizations, to supplement the current legislation with norms that expand and specify the powers of employees in the course of bankruptcy proceedings; it is proposed to introduce amendments to the legislation establishing full responsibility to the employees of the owner of the debtor's property - a unitary enterprise based on the right of economic management, for all types of requirements listed in Art. 12 of the ILO Convention No. 173 "On the protection of the claims of workers in the event of the insolvency of the employer".

Annotation:

The subject of the study is one of the innovations of the science of labor law - the labor and legal responsibility of the parties to an employment contract, which combines disciplinary, material and organizational responsibilities, which calls into question the traditional idea of ​​the responsibility of subjects of labor relations according to the norms of labor legislation. At the same time, an analysis is made of the arguments given by the authors of labor and legal liability, which consist in the fact that it is regarded as an independent type of legal liability, as well as a general (generic) category, in connection with which the need to single it out as a generalizing industry category is substantiated. Methodological basis this study made up the general scientific dialectical method, universal scientific methods (system-structural, functional, methods of analysis and synthesis, induction and deduction), as well as special scientific methods (historical-legal, comparative-legal, legal-dogmatic). For the first time in the science of labor law, a thorough analysis of the main provisions of the doctrine of labor legal liability of the parties to an employment contract was carried out, during which its problems were identified related to the inability of this liability to be a type of legal liability, a general (generic) category of labor law in relation to the above types of liability, which does not give any grounds that would objectively necessitate fixing labor liability in labor legislation.

Annotation:

The subject of the study is the factors of differentiation of the work of athletes, which actually predetermined the specific legal regulation of the activities of this category of workers. The analysis of existing approaches to differentiation factors is carried out, on the basis of which new criteria are put forward, which served as the basis for singling out athletes in a separate chapter. Labor Code Russian Federation. In particular, it is proposed to consider competition or rivalry between athletes as a fundamental factor in the differentiation of the work of athletes in team sports. Competition or rivalry is a necessary part of every single sports competition, participation in which is an integral part of the athlete's labor function. Conclusions are drawn on the basis of the analysis scientific papers and current Russian legislation. Generalizing signs are revealed that are characteristic of athletes involved in team sports, as well as signs that separate athletes from other categories of workers. It is proved that it is the rivalry between athletes that is one of the reasons for the establishment of specific measures of responsibility for the athlete (for violating the rules of rivalry with athletes of other clubs) by the regulations in the field of sports, and, along with increased physical activity, leads to increased professional risks. The second part of the work substantiates the conclusion that a separate legal regulation of the activities of an athlete in team sports should be carried out precisely within the framework of labor law.

Annotation: The article shows that the laws and other regulations governing the labor relations of workers in the Far North need to be improved by transferring the norms that were in force in Soviet legislation and continue to be valid at the present time into the complex of modern regulatory legal acts of the Russian Federation, since they are relevant and necessary. It is substantiated that it is required to implement a certain structural ordering of existing acts and expand the range of issues regulated in collective agreements, local regulations, employment contracts. The regulation of the sphere of labor in the territories of the North of Russia should reflect the modern value orientations of the International Labor Organization on decent work, social justice and fair globalization.

Abstract: One of the characteristic trends of the modern economy is doing business through a group of interrelated legal entities controlled by a single center. The labor legislation of the Russian Federation assigns to each legal entity members of such a group, the status of an independent employer, thereby ignoring the fact of economic dependence between legal entities. The article considers existing in labor legislation and judicial practice many foreign countries approaches to the settlement of labor relations within a group of related legal entities. The specifics of the application of the doctrine of "removing (piercing) the corporate veil" in labor disputes is analyzed. Particular attention is paid to legal structures aimed at regulating the phenomenon of the plurality of persons on the side of the employer. The main difficulties arising in the application of these legal structures are identified. Despite the identified difficulties and shortcomings, it is concluded that it is necessary to make changes and additions to the domestic legislation aimed at abandoning the full application of the principle limited liability participants (shareholders) of economic companies.

Resume: Based on the generalization of new factors and phenomena of the Russian economy, the paper formulates a conclusion about the increasing role of part-time work at the present stage of development of the labor market, which determines the relevance of the legal study of part-time work. The article provides a comparative analysis of the current and previous normative definitions of part-time work, considers the approaches of representatives of the science of labor law to identifying signs of part-time work, reveals the discrepancy between the definition of part-time work enshrined in the Labor Code of the Russian Federation and the established practice of functioning of relations in the field of part-time work at the present stage of development of the labor market. On the basis of the study, an attempt was made to clarify the normative definition of part-time work, as well as to attribute the sign that an employee has a main job to the number of optional signs of part-time work. In order to improve the efficiency of the legal regulation of part-time jobs, options for adjusting some norms of the Labor Code of the Russian Federation on part-time jobs are proposed.

fields such as physiology production environment and psychology of the working environment;

development of a preventive approach and improvement of culture in the field of ensuring occupational safety and health of workers.

To solve these problems, it is possible to use various approaches - legislative regulation, dialogue within the framework of social partnership, support for ideas social responsibility business, economic incentives.

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International Labor Office. 2012. Stress Prevention at Work Checkpoints: Practical Improvements for Stress Prevention in the Workplace (Geneva, International Labor Office). URL: www.ilo.org/wcmsp5/groups/public/@dgreports/@dcomm/@publ/documents/publication/wcms_168053.pdf.

Balashova I. E. Nanotoxicology and safety standard. URL: http://www.nanometer. ru/2010/06/11/12762523689015_214390.html.

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Zreik L. Heart attack as an occupational injury under Israeli law // Labor law in Russia and abroad. 2012. No. 4.

Kiselev I. Ya., Lushnikov A. M. Labor law in Russia and foreign countries. International labor standards. M., 2008.

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Lushnikov A. M. The right of an employee to labor protection: new approaches // Social and pension law. 2009. No. 1.

Labor protection: results of 2013. URL: http://www.rosmintrud.ru/labour/safety/127.

The state of the occupational pathology service in the constituent entities of the Russian Federation. URL: http://www.congress.niimt.ru/i/prez/BushmanovA_SSPVSRF.pdf.

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Labor law in Russia: systemic problems of history and modernity

DEMIDOV Nikolai Voltovich, PhD in Law, Associate Professor of the Department of Sociology, Psychology and Law, National Research Tomsk Polytechnic University

634050, Russia, Tomsk, prosp. Lenina, 30

Email: [email protected]

The article analyzes the systemic contradictions inherent in the development of the branch of Russian labor law in the 19th-20th centuries. By means of historical and legal, comparative, dialectical methods, the author investigates the roots contemporary problems law-making and law-realization in the legal regulation of wage labor relations. Negative factors in the development of labor legislation, common to Russia and the leading countries of the world, are revealed. The main evolutionary problems of labor law include excessive

Lization, a high degree of formalization of law enforcement, the industry's susceptibility to political conditions, the significant role of non-legal regulators of labor relations, poor development of security mechanisms for labor rights, insufficient state supervision, not always the correct delimitation of the interests of the employee and the employer. The conclusion is made about the implicit, objective nature of the described defects, the fundamental impossibility of overcoming them is noted.

Key words: Russian labor law, history of labor legislation, problems of labor law, anthropology of labor law.

Russian Labor Law: System-Related Problems in its History and Modernity

N. V. DEMIDOV, PhD in law, associate professor

The National Research Tomsk Polytechnic University

30 Prospekt Lenina, Tomsk, Russia, 634050

Email: [email protected]

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX-XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, which are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers" interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

Keywords: Russian labor law, history of labor legislation, problems of labor law, anthropology of labor law.

DOI: 10.12737/14376

The system of norms governing relations with wage labor has passed a long historical path in Russian law. At the same time, regardless of the change of eras, the formation and evolution of labor law were determined by a number of implicit timeless qualities. Modern system legal acts on labor was the result of consistent improvement of general conceptual approaches and specific legal norms. This process has been going on for about 180 years, if we count its existence from the adoption in 1835 of the Regulations on Relations between the Owners of Factory Establishments and Working People Entering These for Hire. The origins of today's problems of legal regulation of labor relations, as well as positive beginnings, were laid in the factory legislation of the Russian Empire. Subsequently, pre-revolutionary

These developments were improved by representatives of the Soviet and post-Soviet labor law, who managed to form a balanced and integral legal industry.

The evolution of Russian labor law is a continuous search for the optimal balance of interests of the employee, employer and the state against the backdrop of changing historical conditions. With the universality of this concept, the category of optimality at different times was interpreted on the basis of the prevailing system of values, political and economic conditions. During the XIX - early XX century. the system of labor norms was understood as a phenomenon serving three categories of interests in descending order of importance: 1) the request of the owners of the means of production for the most productive use of labor power; 2) the need for political

elites in providing national productive forces, preventing conflicts; 3) the interest of the class of hired workers in labor guarantees. The supremacy of economic motivations over considerations of the social world led pre-revolutionary Russia to the idea of ​​providing the needs of employers with the means of legislation in the first place. In an attempt to get away from such an imbalance, Soviet labor law chose the model of the priority of the interests of the state and the worker. The industry received a socially protective mission, its task was to compensate for the economically subordinate position of the worker by expanding his organizational capabilities. Finally, 1990-2000s. became an attempt to find a compromise between the needs of all those involved in the labor market. It is important that with any changes in the political course, the legislator carried out continuous work to create a system of checks and balances, to establish consistent rules in the field of wage labor.

A single regularity in the history of the regulation of labor relations in Russia is the competition between regulatory legal acts and non-legal regulators. Key approaches to streamlining labor hiring were developed in the factory legislation of the 19th and early 20th centuries. At this time, there is a transition from the agrarian economic structure and traits of consciousness to an industrial civilization. The objectification of social regulators is connected with this process. From the early Middle Ages to the middle of the XIX century. public consciousness recognized the traditional feudal practices of labor relations as sufficient. Acceleration of technological progress, complication social connections, the statistical increase in the number of workers dictated the rejection of moral imperatives in favor of positive law. With the dynamics of sources in favor of regulatory

New acts are directly related to the consistent formalization of domestic labor law. Formalization is understood as an extremely detailed and wide-ranging normative prescription of the rules of conduct for all possible labor social relations, limiting the role of the court and the contract. The Russian legislator has systematically followed this extensive strategy throughout the history of the industry. The rules of law regulate both the basic forms of relations in the sphere of labor and their modifications related to the peculiarities of the status of subjects or working conditions. The emphasis in the regulation of labor relations is shifted to acts federal level. The state monopolization of the regulation of labor relations was carried out, especially in the Soviet and post-Soviet period, with the motivation to protect the employee from abuse by the employer. At the same time, low legal literacy should be noted. Russian worker, which is compensated by the state care. There are also objective historical background: the methodological influence of the branched Byzantine law, as well as the reception factor of the authoritarian Mongolian statehood. The paradigm of formalized law has become a system-forming Russian feature; Western countries have largely taken the path of dispositive and contractual establishment of the rights and obligations of subjects of an employment relationship, and the broad powers of the court.

From the point of view of the effectiveness of delimiting the interests of the parties to an employment contract, the formalization of law is dual. "Authoritarian" labor law stabilizes the labor market, offers fixed rules of conduct, creates guarantees even for a passive worker. However, the evolution of domestic labor law along this path also gives rise to negative consequences. The dialectic of development

leads to the fact that the expansive intervention of the state in all aspects of labor relations sometimes goes beyond the boundaries of expediency. There is a phenomenon of bureaucratization of labor law. To comply with the law, the external observance of procedures, and not the real content of the relationship, becomes paramount. As a result, the employer is trying to circumvent the law, to develop algorithms for such circumvention. The consideration of a labor dispute is largely limited by the letter of the law; the jurisdictional bodies are entrusted with the function of technical reconciliation of the evidence presented with the normative model. The landmarks of justice, expediency, reasonableness are blurred, “natural labor law” is ignored, and trust in law and the state is reduced in ordinary consciousness. The statistics of labor conflicts is losing its reliability: a critical volume of violations of labor rights remains undetected. An example of destructive formalization is the problem of judicial proof in a labor dispute. Courts prefer documentary evidence to witness testimony, ignoring the fact that in practice almost all documents are kept by the employer and are not at the disposal of the employee. Another problematic aspect of formal law enforcement is the legal regulation of relations on termination of an employment contract. The Russian court in disputes on violation of the dismissal procedure by virtue of law does not consider the actual reasons for terminating the contract, the objective interests of the organization, the reasonableness of the dismissal. At the same time, foreign experience testifies to the invaluable role of the discretion of the court in streamlining labor relations.

The disadvantage of the formalization of labor law is the subsequent psychological delegitimization of any sources of law, except for acts

government agencies. First of all, the role of local normative acts and collective agreements is being diminished. The worker and the employer are not inclined to trust the rules, behind which there is no state imperative, imperious authority.

The logic of extremely detailed centralized regulation of labor relations is violated by the legislator himself. Thus, the institution of an irregular working day (Article 101 of the Labor Code of the Russian Federation) is enshrined in direct violation of the basic principles of labor law. There are no grounds for engaging in such work in the law, there is no limitation on the duration. The form of compensation instead of cash payment establishes additional rest without connection with the actual hours worked. The legal definition of an irregular working day is incorrect: the categories “occasionally” and “by necessity” are devoid of content. The presence of the institution of paid overtime work (Article 99 of the Labor Code of the Russian Federation) makes irregular working hours a way of unfair exploitation of an employee. There are gaps in the system of labor standards for the head of the organization. For example, when he is dismissed due to the owner making a decision on early termination of the employment contract (Article 278 of the Labor Code of the Russian Federation), the law does not provide for a notice of dismissal, while in all cases the employee is not guilty, such notice is mandatory in Russian law. These and a host of other gaps are completely predictable. The attempt to centrally prescribe rules of conduct for every possible case is initially unsuccessful. However, it became impossible for the Russian legislator to refuse to implement this principle from a certain critical point: by assuming the hegemony of the legal regulation of wage labor, the state eliminates the possibility of filling the gap by means of decentralized

regulation. There is an “atrophy” of local rule-making and contractual labor law: the employee and the employer prefer to wait for the state will instead of active actions. This urgent problem is due to the historical approach of the Soviet legislator to the sphere of labor with public law methods, with the tools of administrative law.

The consequence of the formalization of Russian labor law is the quantitative redundancy of branch sources of law. In the evolution of labor legislation, there is a tendency to a constant increase in volume, primarily due to by-laws of the federal level and acts of higher judicial bodies. At the same time, as it becomes more complex and branched, its effectiveness decreases. Knowledge and understanding of the system of labor standards is difficult not only for the employee, but also - to a fairly full extent - for the lawyer. Difficulties of interpretation proportionally equal for any volume normative material, grow commensurately with extensive rule-making. Thus, legal illiteracy is additionally stimulated, skills in the field of protection of labor rights are reduced, and general legal nihilism is growing.

The general and timeless problem of Russian labor law is the poor development of mechanisms for the implementation of legal norms. The lack of real protection for the worker characterizes the industry already at the stage of its inception. In particular, according to the above Regulations of 1835, the employer was obliged to draw up and bring to the attention of each employee the internal regulations. With the progressive nature of the novel itself, there was no procedural support for the adoption, change, and observance of the rules. The Regulations for the first time fixed the rules

la termination of the employment relationship: the employer received the right to dismiss the worker for failure to fulfill duties, as well as in connection with "bad behavior". The lack of specificity in the wording should not be assessed solely as archaic. At the beginning of the XXI century. in many respects, the grounds for dismissal are understood in the labor law of Great Britain, the USA, Ireland, Canada, Australia1. As foreign experience shows, it is not the detailed rules of conduct that are decisive for the harmonization of the sphere of wage labor, but the technologies for their correct implementation.

When creating algorithms for protecting against abuse, pre-revolutionary legal norms were able to ensure a balanced existence of labor relations. The almost complete absence of state control over the master's power led to mass systematic violations of the rights and interests of workers. The factory inspection in the Russian Empire did not have the proper powers and staffing, and was often used for political purposes. Over the 30 years of its existence, the inspection was reformed five times on a large scale (in 1886, 1894, 1899, 1903, 1905). In this light, the development of a system for the actual implementation of labor law norms must be recognized as the most important achievement of the Soviet legislator. This should include the creation of a comprehensive network of trade unions, the inclusion of workers in the management of the organization, the activity of party bodies in the prevention and resolution of labor conflicts, great job on education of labor and legal culture. At the same time, high efficiency provides

1 cm.: Dawn D. Bennett-Alexander, Laura P. Hartman. Employment Law for business.

7th ed. N. Y., 2012. P. 4; Richard C. Busse. Your Rights at Work. Illinois, 2005. P. 3.

telny mechanisms of the Soviet period was determined by the specifics of the social system, in which the state acted simultaneously as an ideologist, legislator, law enforcer, employer and organizer of the trade union movement. Having lost patronage, modern labor law again faced the pre-revolutionary problem of the low effectiveness of guarantees of labor rights for an employee. Obviously, it should be decided taking into account historical experience, which, in essence, offers only two models: paternalistic (detailed state supervision of social and labor relations, strengthening public law principles) and civilistic (shifting emphasis in the implementation and protection of labor rights in the field of initiative of participants in the labor relationship). Each strategy has fundamental shortcomings, which can basically be overcome by centralized measures, the completeness and consistency of these measures are important first of all.

The source of problems of a special kind is the low legal culture of the employee and the employer. The wording of a factory inspector at the beginning of the 20th century. S. Gvozdeva is applicable to all periods of development of domestic labor law: “First of all, I must state that the sense of legality in general among our workers is extremely poorly developed. It would be strange, however, to expect otherwise. And if the actual legal illiteracy can be overcome, then much greater difficulties have always been caused by deviations of consciousness - legal nihilism and infantilism. The result is unpunished manipulation of the law on the part of the employer, the refusal of the employee to protect

2 Gvozdev S. Notes of a factory inspector (from observations and practice 1894-1908). M., 1911. S. 108.

rights. With the external, subjective nature of this problem, it becomes a multiplier that deforms the course of any labor relations.

Difficulties in the implementation of labor law at all times are associated with the economic dominance of the employer. In 1909-1910s. with a population of the Russian Empire of 113 million, the number of large factories did not exceed one and a half hundred3, the total number of workers in 1906 was 3.2 million people4. At the same time, the American Federation of Labor unions alone had 2 million members in the United States. In general, in the United States at the beginning of the 20th century. 275,000 organizations employed about 24 million workers5. In Germany in 1907, the number of workers in the manufacturing, mining and construction industries was 26 million people, the same number were employed in agriculture and transport 6. As a result, in Russia the supply of labor power was many times greater than the demand for it, which forced workers to put up with the infringement of their own rights in order to keep their jobs. Under such conditions, independent legal protection could not establish itself as a habit of behavior. Left unresolved in a natural evolutionary way, this problem of pre-revolutionary factory law went to Russia at the beginning of the 21st century. The experience of developed foreign countries shows that overcoming the imbalance between the employee and the employer is possible not so much by means of the state

3 See: Reports of factory inspectors for 1909, St. Petersburg, 1910, p. 102.

4 See: The number and composition of workers in Russia based on the General Census of the Russian Empire in 1897. T. 1. St. Petersburg, 1906.

5 See: Donald M. Fisk. American Labor in the 20th Century. URL: http://www.bls.gov/opub/mlr/cwc/american-labor-in-the-20th-century.pdf.

6 See: Klein F. Deutschland von 1897/98 bis 1917. Berlin, 1961, p. 10.

state supervision, as well as through the formation of mechanisms for the implementation of labor and legal norms, as well as through the development of social partnership relations.

The dependence of Russian labor law on the current political course seems to be destructive. Contrary to predominantly economic importance labor standards, they were often used by the state to achieve opportunistic goals. This practice has already developed in factory law. In 1896, the senior factory inspector of the Vladimir province, sent to mediate between the striking workers and the administration, reported: “I decided to act, setting the goal not to yield in anything. similar image action seemed necessary to me as a counterbalance to the concessions made earlier in the city of Kovrov”7. It is difficult to consider this kind of motivation as objective, but it fit perfectly into the framework of the conservative ideology of Nicholas II. At the same time, at the end of the XIX century. in domestic science, studies were carried out that proposed a new legal concept: “ the main objective of all legislation is to protect the mutual interests of employers and workers, to prevent an excessive increase in the rights of both”8. D. I. Mendeleev spoke about the impossibility of “continuing the former patriarchal image of economic activity”9. However, the discussion in society and the achievements of legal science are extremely

7 Shelymagin I. I. Factory and labor legislation in Russia (2nd half of the 19th century). M., 1947. S. 81.

8 Davidov I. A. Industrial legislation of Russia // Factory industry and trade in Russia. SPb., 1896. S. 286.

9 Mendeleev D. I. Overview of the factory industry and trade in Russia // Factory industry and trade in Russia. SPb., 1896. S. 13.

had no limited influence on the development of labor legislation.

Soviet labor law was also characterized by non-economic tendencies. So, in 1927, after five years of restoration of the national economy, the country's leadership needed an accelerated expansion of the industrial base. The state ideology declared labor to be a common cause, serving the implementation of the communist idea and defense interests. The era of equating party documents with acts of state administration began. Wage labor relations were under the control of executive authorities and in fact ceased to be private law. Liberalization in the 1950s and 1960s also proceeded according to the behind-the-scenes party-state guidelines. The main transformation of the Khrushchev reforms was not a change in the rule of law, but the actual recognition of the worker's right to self definition their working destiny. At the same time, labor relations have not become fully private-law, managed by the interests of the parties through the mediation of the state. As a result, the adoption of labor decisions by the employee and the employer went beyond the area of ​​direct prescriptions, but in many aspects (undesirability of part-time jobs, complicating dismissal in order to combat staff turnover, artificial stimulation of trade union activity) was controlled by tacit recommendations.

The inertia of the influence of the political conjuncture on the legal regulation of the sphere of labor manifested itself in the post-Soviet period as well. With the nominal preservation of the system of labor legal norms, the practice of their application has changed. So, measures of public influence, which previously served as an official disciplinary sanction, spontaneously lost their significance. Arose-

the practice of concluding civil law contracts instead of labor contracts. The dismissal for appearing at the workplace in a state of intoxication acquired a private character, while the Soviet state demanded mandatory punishment for this. Stimulation of labor began to be carried out in an extra-documentary manner. There was a self-elimination of the state from the field of control and supervision over compliance with labor laws.

Summarizing the above, it can be argued that modern Russian labor law is one of the stages in the inseparable process of technical, legal, cultural, social, and scientific development. At the same time, the genesis and development of the industry are characterized by a number of destructive principles that are systematically characteristic of any historical period. Among these "genetic

susceptibility of the legal regulation of labor to the influence of the political situation, the legislator’s periodic evasion from taking into account objective economic laws, the conflict between the normative legal regulation and non-legal practices, excessive formalization of labor law, not always the optimal degree of centralization in the regulation of labor relations, the underdevelopment of security mechanisms for labor rights, the underdevelopment of legal culture. The objective nature of these difficulties leads to the conclusion that it is hardly possible to eliminate them completely. However, this should not mean refusing to counteract their negative consequences and further improve labor legislation.

Bibliographic list

Dawn D. Bennett-Alexander, Laura P. Hartman. Employment Law for business. 7th ed. N. Y., 2012.

Donald M. Fisk. American Labor in the 20th Century. URL: http://www.bls.gov/opub/mlr/cwc/american-labor-in-the-20th-century.pdf.

Klein F. Deutschland von 1897/98 bis 1917. Berlin, 1961.

Richard C. Busse. Your Rights at Work. Illinois, 2005.

Gvozdev S. Notes of a factory inspector (from observations and practice in 1894-1908). M., 1911.

Davidov I. A. Industrial legislation of Russia // Factory industry and trade in Russia. SPb., 1896.

Mendeleev D. I. Overview of the factory industry and trade in Russia // Factory industry and trade in Russia. SPb., 1896.

Collection of reports of factory inspectors for 1909, St. Petersburg, 1910.

The number and composition of workers in Russia based on the General Census of the Russian Empire in 1897. T. 1. St. Petersburg, 1906.

Shelymagin I.I. Factory and labor legislation in Russia (2nd half of the 19th century). M., 1947.