Labor management law

The Labor Law of the Russian Federation (hereinafter referred to as the Labor Law) came into effect on February 30, 2006, 5438+0. 12, and was implemented in July 2002 and June 2003, April and August 2004, May 2005, June 2006, June 2007 and 6544. The Labor Law is divided into 14 series with 424 articles, which is the first law to adjust labor relations and other relations directly related to labor relations since Russia's transformation, including: organizing labor and managing labor; Employment and employers; The employer directly arranges employees' vocational training, further study and skill upgrading; Organize collective bargaining and sign collective contracts and agreements; Employees and trade unions participate in collective bargaining in accordance with the law to establish working conditions; Responsibilities of employers and employees in the workplace; Supervision and labor legislation; Solve labor disputes; Compulsory social insurance, etc. If China enterprises set up factories and mines in Russia and recruit and employ Russian employees, they need to know about Russian labor legislation.

The labor relationship between employees and employers is based on the labor contract signed by both parties. In the absence of legal procedures in the labor contract, the labor relationship between employees and employers can also be based on the fact that employees get the consent of employers or employers or their representatives allow them to work. Workers, that is, laborers, refer to natural persons who have reached the legal age and have the ability to work. Article 20 of the Labor Law stipulates that "people who have reached the age of 16 have the right to participate in labor relations. A natural person who has full capacity for civil conduct and has reached the age of 18, but has not reached the above age, has the right to sign a labor contract as an employer from the date of obtaining full capacity for civil conduct. " Employers include: self-employed, notaries, law firms and units that establish labor relations with workers. In this way, employers in Russia are not limited to enterprises, individual operators and non-profit units, but also include state organs and social organizations. Although the Labor Law is mainly a law to protect workers' rights and adjust labor relations and other relations directly related to labor relations, its scope of application is still insufficient, such as workers in labor dispatch and contract workers in research institutions.

Article 2 1 of the Labor Law stipulates the basic rights and obligations of employees.

The rights of employees include: ① signing, modifying and terminating labor contracts in accordance with the procedures and conditions determined by the Labor Law and other labor laws and regulations; (2) Working in accordance with the labor contract; (three) to obtain a workplace that meets the national norms and the provisions of the collective contract; (4) Obtaining remuneration for labor; Enjoy weekly rest days, holidays and paid annual leave; ⑥ Fully understand the working conditions and labor protection requirements in the workplace; (7) Receive vocational training, retraining and further professional education according to the Labor Law and other laws and regulations; (8) In order to safeguard their labor rights, freedoms and legitimate interests, they can form and join trade unions; Pet-name ruby according to the "labor law" and other laws and regulations to participate in unit management; Conduct collective bargaining and sign collective contracts through their own representatives to obtain information on the implementation of collective contracts; Safeguard their labor rights, freedoms and legitimate interests by all means not prohibited by law; ? To settle individual and collective labor disputes, including the right to strike, according to the procedures stipulated in the Labor Law and other laws; ? In accordance with the procedures of "Labor Law" and other laws and regulations, you can obtain compensation for damages and mental damages caused by the performance of labor obligations; Answer? Access to labor and social insurance.

The employee's obligations include: ① faithfully fulfilling the labor obligations stipulated in the labor contract; ② Abide by internal labor rules and regulations and labor discipline; (3) Complete the stipulated labor quota; ④ Abide by the requirements of labor protection and labor safety; ⑤ Take care of the property of employers and other workers; ⑥ Inform the employing unit or the person directly in charge of the situation that threatens people's life and health and the property of the employing unit in time.

Article 22 of the Labor Law stipulates the basic rights and obligations of employers.

The rights of the employer include: ① signing, modifying and terminating labor contracts with employees according to the procedures and conditions of the Labor Law and other laws and regulations; ② Collective bargaining and signing collective contracts; (3) Reward employees with good performance; (4) require employees to perform labor tasks, take good care of the property of the employer and other employees, and abide by the internal labor management system; (5) according to the "labor law" and other laws and regulations of the program, shall be investigated for employee discipline and liability for compensation; 6. Formulate the normative documents of this unit; ⑦ Join the employers' federation in order to represent and protect their own interests.

The obligations of the employer are: ① to abide by the provisions of laws and other normative documents, collective contracts, agreements and labor contracts; ② Arrange employees' work according to the labor contract; (three) to ensure labor safety and labor protection conditions; (4) Ensure that employees are provided with equipment, tools, technical documents and other resources needed to complete labor tasks; ⑤ Ensure that employees receive equal pay for equal work; ⑥ Pay employees' wages in full within a time limit according to the labor law, collective treaties, internal labor rules and labor contracts; ⑦ Conduct collective bargaining and sign collective contracts according to the procedures stipulated in the Labor Law; (eight) to provide complete and accurate information on the signing of collective bargaining agreements to the employee representatives; Pet-name ruby make employees understand the local laws and regulations directly related to their employment; (10) Implement the instructions of the state regulatory authorities in time and pay the fines in violation of laws and other labor regulations in time; Hey? Review the reports of violation of laws and other labor regulations put forward by relevant trade union organizations and employee representatives, take measures to correct them, and notify them; Hey? Conditions for ensuring employees' participation in unit management; Answer? Ensure the daily needs of employees related to the performance of labor obligations; Hey? Handle social insurance for employees according to law; Hey? Compensation for damages and mental damages caused by employees' performance of labor obligations in accordance with the procedures and regulations stipulated in the Labor Law and labor laws and regulations; ? Perform other obligations stipulated in the Labor Law, other labor laws and regulations, collective contracts, agreements and labor contracts.

Chapter VI of the Labor Law stipulates collective bargaining in detail. Collective negotiation refers to a mode of negotiation in which the employer and the employee representatives reach a unified collective contract through consultation to establish labor relations and resolve labor disputes. Collective bargaining has a decision-making function, which recognizes that workers have the right to participate in the setting of working environment through trade unions. All these are reflected in Article 30 of the Labor Law, which stipulates that trade unions should protect employees' interests in collective bargaining, signing collective contracts and resolving labor disputes. The trade union is of great significance in Russia, which is to safeguard the rights and interests of workers, and its function is to safeguard the employment rights of workers first. According to Article 370 of the Labor Law, trade unions have the right to supervise the compliance of employers and their representatives with other normative legal documents stipulated in the Labor Law and the performance of collective contracts and agreements.

In addition to collective bargaining, collective contract is also an effective way to safeguard the rights and interests of workers and adjust labor relations in Russia. Article 40 of the Labor Law stipulates the collective contract. A collective contract is a legal document signed by representatives of employees and employers to adjust their labor rights and obligations. A collective contract can be signed by a unit as a whole, or by its branches, offices and other independent branches. Collective contracts include general collective contracts and special collective contracts.

According to Article 4 1 of the Labor Law, the contents of a general collective contract include: the form, system and amount of wages; Payment of allowances and compensation; A system for adjusting wages due to factors such as rising prices and inflation; The implementation mechanism of the wage index stipulated in the collective contract; Conditions for employment, further education and dismissal; Working hours and rest time, including the provisions and duration of holidays; Improve the working conditions of employees; Safeguard the rights and interests of employees when state and municipal property is privatized; Ecological safety and employee health protection in production; Safeguard the interests of on-the-job learning staff; Ensure the rest and rest of employees and their families; Pay part or all of the food subsidies to employees; Supervise the performance of the collective contract, the procedures for changing and supplementing the collective contract, the responsibilities of both parties, ensure the normal activities of employee representatives, and understand the implementation of the collective contract by employees; Prohibit strikes under the condition of fulfilling the corresponding provisions of the collective contract; Other matters agreed by both parties. According to the financial resources and economic situation of the employer, the preferential treatment and priority rights of employees can be agreed in the collective contract.

The term of signing a collective contract shall not exceed 3 years, and shall come into effect as of the date stipulated in the collective contract signed by both parties. Both parties have the right to extend the validity of the collective contract, but it shall not exceed three years (Article 43 of the Labor Law). Change and supplement the collective contract in accordance with the procedures stipulated in the Labor Law or in accordance with the procedures stipulated in the collective contract.

On the basis of collective negotiation and collective contract, both employers and employees should sign labor contracts. Labor contracts must be concluded in written form, and oral labor contracts are not recognized in principle. The labor contract is in duplicate. After both parties sign, one copy will be given to the employee and the other will be kept by the employer. When signing a labor contract, the job seeker shall submit the identity card or other documents to prove his identity, labor manual, national retirement pension insurance certificate, service registration certificate, academic certificate, professional certificate, professional title, etc. to the employer.

Article 57 of the Labor Law stipulates the items that must be recorded in the labor contract:

Workplace, labor responsibility, work start date, remuneration, working hours and rest time, compensation for heavy manual labor and harmful and/or dangerous labor, provisions on determining the appropriate nature of work, provisions on compulsory social insurance and other provisions.

According to this clause, any clauses in the labor contract include: description of the work place, probation period, and non-disclosure of secrets protected by law; After on-the-job training, employees are obliged to complete the work stipulated in the contract; Types and conditions of providing additional insurance for employees; Improve the social living conditions of employees and their family members; Clarify the rights and obligations of employees.

Labor contracts are divided into: non-fixed-term labor contracts and fixed-term labor contracts (labor contracts do not exceed 5 years). Only people who have reached the age of 16 can sign labor contracts; Only those who have reached the age of 15 can sign a labor contract when they receive general basic education or drop out of school according to law. With the consent of one parent and the guardianship agency, labor contracts can be signed with students aged 65-438+04 (Article 63 of the Labor Law).

When employing workers, the employing unit shall inform the workers of their work content, workplace, working conditions, labor remuneration and occupational hazards. In addition, in order to examine the moral character, ability and physical condition of employees, both parties can agree on the probation period through agreement. The labor contract shall specify the conditions of probation. If the conditions for probation are not specified in the labor contract, it shall be deemed that there is no probation period. The probation period shall not exceed 3 months, and the probation period of the person in charge of the unit and his deputy, the chief accountant and his deputy, and the person in charge of the branch, representative office or other independent branch of the unit shall not exceed 6 months, unless otherwise stipulated by the federal law (Article 70 of the Labor Law).

Article 7 1 of the Labor Law: If the probation period has not expired, the employer has the right to terminate the labor contract with the employee before the end of the probation period, but it shall notify the employee three days in advance. Employees have the right to appeal against the employer's decision through judicial procedures. If the labor contract is terminated before the probation period expires, it is not necessary to obtain the consent of the trade union and pay the severance payment. If the probation period is not agreed by both parties in advance, the employer cannot terminate the labor contract on the grounds of probation period. In particular, employees enjoy all the labor rights in the Labor Law and the Labor Contract during the probation period.

The employer and the employee shall fully perform their respective obligations in accordance with the labor contract. Both parties can change the contents of the labor contract through consultation. Article 72. 1 of the Labor Law makes strict provisions on the changes of employees' work. Only with the employee's written consent can the employee be transferred to another job, which includes changing the workplace or work unit, or even working for another employer for a long time. In this case, the labor contract of the original post is terminated. It is forbidden to transfer employees to jobs that do not meet their health conditions. Article 72.2 of the Labor Law stipulates that employees temporarily change jobs. According to the written agreement signed by both parties, employees can change jobs within the company for a period of no more than 1 year. If the labor contract signed by both parties cannot remain unchanged due to changes in labor organization or technical conditions, the employer is allowed to propose changes to the terms of the contract, and the employer must notify the employee two months in advance. If the employee does not agree to work under the new conditions, the employer must recommend other jobs for the employee. If the employee refuses to recommend the job, the labor contract signed by both parties shall be terminated.

After the conclusion of a labor contract, if the contract is not fulfilled or not fully fulfilled, one party may terminate the labor relationship in advance. When the employee is in a state of drunkenness, anesthesia or other poisoning at work; Failing to participate in the study and examination of labor protection knowledge as required; Failing to implement compulsory medical examination as required; The conclusion of medical appraisal shows that employees have contraindications that are not suitable for work; At the request of the relevant authorities and public officials, the employer may terminate the labor contract under the above circumstances (Article 76 of the Labor Law). It can be seen that Article 76 of the Labor Law is legally terminated. In addition, both parties to the labor contract can terminate the labor contract in advance through consultation. If the employer proposes to terminate the labor contract, it must pay material compensation, while the employer does not have to pay economic compensation if the employee proposes.

After the conclusion of a labor contract, the labor relationship is terminated due to legal circumstances or agreements. Article 77 of the Labor Law stipulates the reasons for terminating the labor contract:

1) Both parties agree;

2) The contract expires;

3) The employee proposes to terminate the labor contract;

4) The employer proposes to terminate the labor contract;

5) Employees request or agree to work in other units or choose other positions;

6) The employee refuses to continue working due to the change of the property owner and the competent unit and the reorganization of the unit;

7) The employee refuses to change his job due to the change of labor contract conditions;

8) The employee refuses to change jobs due to medical appraisal;

9) The employee refuses to change the workplace with the company;

10) does not depend on the will of both parties;

1 1) unable to continue working due to violation of the Labor Law and other labor regulations and labor contracts.

The labor contract may be terminated at any time by mutual consent (Article 78 of the Labor Law). The validity of a fixed-term labor contract terminates with the expiration of the contract term. Through consultation between both parties, the labor contract can be dissolved before the expiration of the notice of resignation under the following circumstances: when the employee resigns because he can't continue to work (going to college, retiring, etc.); If the employer violates the Labor Law or other labor laws and regulations, collective contracts, agreements and labor contracts, the employer must terminate the labor contract within the time limit proposed by the employee. Employees have the right to withdraw their resignation application before the resignation notice expires. After the resignation notice expires, employees have the right to terminate their work. On the last day of the employee's work, the employer must hand over the labor manual and other documents to the employee for final settlement.

Article 8 1 of the Labor Law stipulates that in any of the following circumstances, the employer may propose to terminate the labor contract:

1) dissolution of the unit or termination of business activities by individual operators;

(two) units and individual industrial and commercial households layoffs or downsizing;

3) The appraisal conclusion proves that the employee lacks professional skills and is incompetent for the job;

4) the change of the property owner of the unit (including the change of the person in charge, deputy director and chief accountant);

5) The employee fails to complete the labor task for many times without sufficient reasons;

6) The employee seriously violates labor obligations once (absenteeism, drunkenness, anesthesia or drug abuse, revealing secrets, stealing, possessing, losing and damaging other people's property in the workplace, violating labor protection requirements and causing serious consequences);

7) The employee directly in charge of money and property made a wrong behavior, so that the employer lost trust in him;

8) Employees engaged in training have unethical behaviors and are not suitable for continuing to engage in the work;

9) The director, deputy director and chief accountant of the unit make unfounded decisions, resulting in property losses of the unit, improper use of property and property losses of other units;

10) Serious violation of labor responsibility by the director and deputy director of the unit 1 time;

1 1) The laborer provides forged documents to the employer when signing the labor contract;

12) The circumstances agreed in the labor contract;

13) Other circumstances.

According to items 2 and 3 above, if employees change their jobs without their consent, they can be dismissed.

When employees are temporarily incapacitated or on vacation, employers cannot dismiss them.

The standard working hours of employees shall not exceed 40 hours per week. Employers must count the actual working hours of each employee (Article 9 1 of the Labor Law).

Article 93 of the Labor Law stipulates the stipulation of incomplete working hours: at the time of employment and after employment, employers and employees may stipulate incomplete daily working hours or weekly working hours through agreement. At the request of pregnant women, parents with children under the age of 65,438+04 (disabled children under the age of 65,438+08) or employees with hospital certificates who need to take care of patients at home, employers should provide them with incomplete working days or weeks. Employees who work with incomplete working hours shall be paid according to the working hours or the amount of work completed. For employees who implement the incomplete working hours system, their paid vacation time, calculate length and other labor rights and interests will not be affected.

Article 94 of the Labor Law stipulates the daily working hours:

The maximum working hours per day (on duty) are:

If the working time is 36 hours per week, it shall not exceed 8 hours;

If the working time is 30 hours per week, it shall not exceed 6 hours.

Article 95 of the Labor Law stipulates that the duty time on working days or the day before festivals is reduced by 1 hour. If the working week is 6 days, the working hours before holidays 1 day shall not exceed 5 hours. Five working days. In Russia, the working hours are in day five, with two days off every week, but according to the characteristics of work, a six-day working system can also be implemented, with one day off every week (article 100 of the Labor Law).

Article 108 of the Labor Law stipulates that the break and meal time shall not exceed 2 hours, but not less than 30 minutes, which is not included in working hours. Working conditions are not allowed to arrange rest and meals, and the employer shall ensure that workers can arrange rest and meals during working hours.

Article11of the Labor Law stipulates rest days. All employees have the right to rest. Employees who work five days a week have two days off a week; Employees who work six days a week have a weekly rest 1 day. Sunday is an ordinary rest day. Two-day holidays are usually arranged in succession.

Article 1 12 of the Labor Law stipulates festivals:

1) 65438+1October1,2, 3, 4, 5-Chinese New Year;

2) 65438+1October 7th-Christmas;

3) February 23rd-Defend the Motherland Day;

4) March 8-International Women's Day;

5) May 1- Spring and Labor Day;

6) May 9-Victory Day;

7) June 12-Russian National Day;

8)165438+1October 4th-National Unity Day.

Chapter 19 of the Labor Law stipulates the vacation system. According to article 1 14 of the Labor Law, all employees are entitled to annual leave commensurate with their jobs and average wages. Article 1 15 of the Labor Law stipulates that employees' basic annual vacation time is not less than 28 days.

Chapter 34 of the Labor Law stipulates the requirements of labor protection. Legal persons and natural persons engaged in any kind of activities must comply with the labor protection requirements of national standards, including the design, construction (renovation) and operation of projects, the design of machines, machinery and other equipment, the formulation of technological processes, and the organization of production and labor (Article 2 1 1 of the Labor Law). Employers undertake the obligation to ensure safety conditions and labor protection. Employers must ensure the safety of employees when operating buildings, facilities and equipment, operating technological processes and using tools, raw materials and materials in production (Article 2 12 of the Labor Law).

Chapter 60 of the Labor Law stipulates labor disputes. Labor disputes between employees and employers concerning the application of the Labor Law and other labor laws and regulations, collective contracts, agreements, internal norms, labor contracts, etc. It shall be tried by the labor dispute committee and the court (Articles 38 1 and 382 of the Labor Law).

Article 38 1 of the Labor Law stipulates that the labor dispute committee shall be composed of the same number of employee representatives and employer representatives on the proposal of employees and employers. After receiving the written proposal to establish a labor dispute committee, the employer and employee representatives must be formed within 10 days. The representatives of the staff and workers shall be elected by the staff and workers' congress or by the representative offices of the staff and workers, and confirmed by the staff and workers' congress. Representatives of the employer shall be appointed by the person in charge of the unit and the self-employed employer. The labor dispute committee has its own seal, and the employer shall organize the work well. The labor dispute committee elects the chairman, vice-chairman and secretary (Article 384 of the Labor Law).

Article 385 of the Labor Law stipulates the functions and powers of the labor dispute committee: the labor dispute committee is the grass-roots organ to hear the labor disputes of the unit. If the negotiation between the laborer and the employer fails, it shall be handled by the labor dispute committee.

Article 387 of the Labor Law stipulates the procedure of labor dispute settlement: the labor dispute committee must hear the labor dispute within 10 days from the date when the employee submits the application. The labor dispute shall be tried in the presence of the employee who submitted the application or his authorized representative. If the employee or his representative fails to attend, the labor dispute shall be postponed. If the employee or his representative fails to attend for the second time without justifiable reasons, the Committee may revoke the disputed application, but shall not deprive the employee of the right to apply for a second time. Most of the Labor Law regards material compensation as civil legal liability. For example, chapters 38 and 39 of the labor law. If the employing unit illegally deprives the laborer of the labor opportunity, dismisses the laborer, or delays the return of the labor manual, thus causing damage to the laborer, it shall pay the laborer material compensation.