Introduction and general characteristics of labour law in Russia

Opinions, given in present
work, do not reflect common accepted
point of view in law science and
labour law.
Present publication is developed in
accordance with educational program
course «Labour law in Russia».
Legislation about law and court
practice is given for
December 20, 2011

LL with other law branches. Significance of non-juridical disciplines in studying of LL.
History of formation and modern development of LL: sciences, branches (academic subject) and labour legislation.
Concept and interest types in LL. State-law combination and estates distribution in labour field.
Brief description of law legislation in foreign countries.

information
transfer, explanation of legal norms
by elaboration of concept meaning,
with the help of them, these norms are
formulated (Golovina S.Y., 2006)

Term – (from Latin. boarder, limit) means a word with special
(scientific) shade of meaning... Concept – reflects
general, basic, more essential determinations,
identical to a subject (Golovina S.Y. 1997)

Interpretation of law – it is immaterial-voluntary activity in determination of original content of legal acts in order to realize and update them (Shaburov A.S., 1996)

includes:

terms

definitions

concepts

categories

of original content of legal acts in order to realize and update them (Shaburov A.S., 1996)

Grammatical (determination of different concepts
or literal meaning);
2) logical (what legislator wish to express
and text meaning sets according to logical law);
3) special – juridical (interpretation of terms due to peculiarities of legal control)
And other means of interpretation.

Official (authentic – carries out department, which
published legal act; legal – special jurisdiction authority);
2)Non-official (doctrinal, - by scientists –by lawyers, ordinary – every subject, professional - by specialists – by lawyers).

force of its particularity it is not concretized in any single legal act;
secondly, it is concretized in the process of law enforcement in each separate case;
thirdly, it gives to law enforcement authority a possibility of independent evaluation of facts with obligate abidance of those general criteria or features, which are required in present evaluation concept.

legal or
regulatory

3. Legal or
law enforcement practice

4. everyday practice

LL

Sources of LL

Principles of LL

System of LL

Method of LL

Code of Russia)

directly
connected with labour
relations in labour
sphere
(part 2 paragr. 1 Labour Code of Russia)

labour organization and labour management;
employment by particular employer;
professional training;
participation of employees and labour
unions in establishment of working conditions;
social partnership;
financial responsibility of employee
and employer in labour sphere;
resolution of grievance

of LL

secondly, method – is a complex of legal
techniques, means, control methods
social-labour relations

complex of state and и contract;
participation of employees in administrative management;
unity and и differentiation of labour regulation;
complex of contract, recommendation и imperative;
participants equality in making and termination of labour
contract and submission to standars of LL and rules;
peculiarity of remedy и labour-related arrangement.

ILO, CIS

Federal constitutional law,
Federal law,
laws of Russian regions

others regulatory
legal acts

Labour code
of Russia

«employer»,
«employee»
(Paragraph. 20 Labour code of Russia)

«gender»,
«compulsory labour»,
«salary wage»

«employment»,
«trade union»

«permanent place
of work»

VS of Russia № 2)

«another locality», «structural
department» (article 16 PP VS of Russia № 2)

«important reasons» omission of period in
court demand (article 5 PP VS of Russia № 2)

«right abuse» from the part of
empoyee (article 27 PP VS of Russia № 2)

of
civil legislation. Labour
legislation was called factory
(factoryplant) and was a subject of
administrative (police) law.

Pre-revolutionary period

Till 1917 labour law was called
«Industrial (working) law».
Lev Semenovich Tal – confirmed independence of this discipline.

Several scientists consider, that labour
law as branch of law arouse in
Russia till 1917 (Mironov V.I., 2005)

special
standards, which define internal
system of industrial enterprise and
relationships between members of this enterprise.

Industrial law is inseparable mixture of standards of public and
private law.

Master authority, standard agreements and employment (working) agreement – these are
Private law basics of internal system
in industrial enterprise.

administrative (police) law…
in 1922 (Khokhlov E.B., 1996)

In educational-scientific literature
about LL, there is a fact, that
labour law, as a law branch,
was created in the Soviet period:

Советский период

Labour law became an independent branch from civil law in 1918 with acceptance of the first Labour Code (Gusov K.N., Tolkunova V.N., 2002)

24, 1835;
June 1, 1882; June 3 1886; June 2, 1897

B. Decree of Council of People’s Commissars October 29, 1917,
Civil laws of 1918, 1922, 1971, Fundamentals 1970
Labour code of Russian Federation (below LC RF):
accepted by State Duma on December 21, 2001
approved by Federation Council on December 26, 2001
signed by President RF on December 30, 2001;
joined into force since February 1, 2002;
last changes – Federal Law July 27, 2010
(join into force since January 1, 2011).
.

reason of
actions of individuals, social groups,
defining their social behavior

(from Latin to participate) attraction to smth,
From material point of view advantage, benefit,
self-interest

Interest in LL – it is a motivation (reason) of
behaviour in labour sphere and others) and internal
motives, needs of subjects in social-labour
relations

standards in
legislation (broadly defined)
and realized by citizens in labour sphere:

1. objective

3. individual

2. subjective

4. collective

Labour conditions

Type of activity

education

health

age

employee -
man,
woman

employer -
Legal person,
natural person

Collective
and management
executives

employees -
organization,
branch

climate