The definition of the Labor Code as a code of labor laws has lost its relevance since 1994. Scientists and economists worked on articles on labor law for about 7 years, when the Government considered that the time had come to reform not only the code of laws, but also the name of the legal guide. After the final formation of the document at the end of 2001, it was submitted to the State Duma for consideration. As a result, it used to regulate labor relations of the Labor Code of the Russian Federation, now the Labor Code deals with this, which entered into force on 02/01/2002.
Over the past 16 years, the direction of legislative provisions in the Labor Code of the Russian Federation, which govern the relationship between them, has become known to workers and employers. What included the previous directory, is gradually erased from memory.
The effect of time on the change of laws
What is the Labor Code, in Soviet times, even a schoolboy could answer. But this state has not existed for many years, and the new society cannot obey the outdated rules of labor relations. It is difficult to imagine modern production without entrepreneurs. The old code did not say anything about the existence of such organizations, it became impossible, due to the formation of new structures, to protect the rights in this field of activity, since a legal base was not created.
TCs were developed to regulate the labor of citizens, which is provided for by a market economy, the former labor standards of the Labor Code were calculated for state enterprises. Over the years, normative acts that have been revised back in 1971 have become unsuitable for the enlarged private sector.
The law has ceased to haunt the unemployed
Not only a set of rules required to change many points, but also the attitude to employment in the country. In the USSR, a non-working citizen could be branded a “parasite” with the shameful status, now everyone decides what to do with him.
The duty turned into a free choice:
- work for hire;
- organize your business;
- devote themselves to parenting and household chores.
Reconstruction captured new trends, oriented legislative articles under the developing economy, technology of production processes.
What labor was the outdated normative legal act designed for?
Since 1918, the Labor Code of the Russian Federation operated in Russia. Working versions of the document were changed, adjusted under the influence of politics, the birth of another society. Until 2001, citizens worked in the following conditions:
- regulated labor;
- state enterprises, factories, factories, if the preconditions for market relations arose, they were regulated by other laws;
- where management and hired personnel are endowed with expanded, equal rights and responsibilities, but practice has shown that real labor agreements did not work.
There was no social partnership in the Labor Code, which provides for the contractual nature of labor.
To exit to the workplace it was necessary:
- to write an application;
- submit the application for appointment by signing with the head to the personnel department;
- proceed with their duties.
According to the provisions of the Labor Code, without a written labor agreement with each employee, activity is not permitted.
Representation of collective bargaining agreements
What is the Labor Code and why is it obsolete, can be understood from its second chapter. The section states: we need collective agreements between factory and factory unions with the management of enterprises. Neither the charter of the enterprise and job descriptions, but the meeting, based on the law, determines the procedure for settlements with employees, their daily routine.
The mechanism of action of such agreements is specified in Article No. 7:
- the project was developed;
- Discussed and approved by a meeting of workers, engineers, employees;
- concluded for a year;
- entered into force as soon as the parties put their signatures.
The completed document was brought to the attention of all staff.
Personal agreement
Many articles of the Labor Code of the Russian Federation smoothly passed into the Labor Code, labor contracts also existed. Article 15 states that organizations can enter into agreements with specialists, where one side will be subject to the internal schedule of the enterprise, and the other:
- pay for work;
- create conditions for activity;
- obliged not to go beyond the scope of labor law and collective agreement.
The terms of the agreements are governed by article 17:
- with an indefinite period;
- for 3 years;
- for the duration of a specific task.
Article 16 stated that workers and employees were guaranteed employment, the legal act forbade the specialist to refuse without justified reasons.
Interesting statements
What is the Labor Code of the last century? The document is disclosed by some facts that are not permissible by the legislation of our time. Article 18 confirms that the conclusion of employment contracts could have taken place orally or in writing by order.
2 people met, talked, the boss familiarized the worker with the order - and that’s it, you don’t even have to issue it, if he is admitted to the workplace, then an actual agreement has occurred.
The most surprising criterion in the selection of personnel are the provisions of article 20.
Clauses of the legislative act do not limit, but prohibit working in one organization:
- to parents;
- spouses;
- brothers
- sisters;
- sons;
- daughters.
It was impossible to get a close relative of the director at the enterprise when one was to command the other on duty. Although there is a footnote, if production is necessary, the Council of Ministers will make an exception in a special manner.
In what cases terminated the contract
According to the Labor Code of the Russian Federation, dismissal, reasons for termination of employment, are no different from the Labor Code.
Parting with employees, the administration is allowed (Article 33) in the following cases:
- the organization is being liquidated;
- staff reduction occurred;
- the employee systematically violated the enterprise routine, misconduct was recorded, managers took measures to correct employee behavior;
- absence from work without good reason (just absenteeism was enough);
- alcohol intoxication;
- the disease lasts 4 months, except for injuries in the workplace;
- reinstatement of previously dismissed specialist.
The article has a reservation regarding the first paragraphs. The administration, before starting the dismissal, should try to employ staff. Reduction was not allowed if the employee was on sick leave or on vacation.
Legislative regulation
Labor Code imposed a strict veto on working hours. The norms of the length of the working day were established by competent state departments, coordinated with the union. Local committees could not agree with the administration and change regulations at their discretion. The following articles regulated the duration of work processes:
- No. 42 - set the normal duration of the working week to 41 hours.
- No. 43 - limited the work of minor workers (from 15 to 18 years), their employment period should not exceed 24 hours a week.
- No. 44 - regulated the time of activity in hazardous production.
Article No. 46 approved a five-day and 2 days off, established the procedure for working with irregular working hours. Article 47 warns of a reduction in activity by 1 hour before the holiday, night shifts should be shorter than day shifts, regardless of the celebrations and marked in red on the calendar (article 48).
The set of rules severely restricted overtime. The document explicitly states (Article 53) about the inadmissibility of non-standardized activities. But the occurrence of exceptional cases described in Art. 55, can allow working out more than the norm when they carry out repairs in the life support systems of buildings or if production needs it.
Time-adjusted rules, transferred from the Labor Code without changes in the situation, have not changed the essence of the Labor Code; it provides answers to both employees and their managers to many questions that will help to get out of any production conflict in a peaceful way.