According to Article 1 of the Federal Law of July 17, 1999 No. 181 "On the Basics of Labor Protection in the Russian Federation", labor protection should be understood as a system of preserving the health and life of personnel in the course of professional activity, which consists of legal, organizational, technical, social, economic, sanitary hygiene, rehabilitation, medical, preventive and other measures. In our article we will analyze the concept and legal regulation of labor protection. In addition, we will study its principles and organization system.
Concept analysis
The general term allows us to judge labor protection as a system of measures for the formation of safe and healthy working conditions. It is worth noting that it has a multi-level type. These activities are carried out by state. bodies, local governments, employers and directly employees. Taking into account the presented definition, labor protection involves the study of the problem in accordance with various aspects: medical, technical, social, economic and, finally, legal, forming a special category of labor protection. She, being an institution of labor law, is a system of norms that are aimed at creating certain working conditions. One way or another, these factors should ensure the preservation of the health and life of employees during the course of their work. Working conditions seem to be binding on all subjects of labor relations. Moreover, they should be understood as a set of criteria for the work process and the environment at work, affecting the state of health and the performance of staff.
Legal regulation in the field of labor protection can be established both at the local level and in a centralized manner. Is it otherwise, it is reflected in the collective agreement or the corresponding agreement adopted at the enterprise. Among the main sources of regulation of the protection of labor activity, it should be noted chapters X-XII of the Labor Code of the Russian Federation and the Federal Law of July 17, 1999 No. 181- "On the Basics of Labor Protection in the Russian Federation", which recognized the legislative norms of the Russian Federation, which were previously valid but no longer valid, on labor protection from 6.08.1993 year.
Federal Law Provisions
As it turned out, the legal regulation of labor protection is carried out, among other things, through the provisions of the Federal Law "On the Basics of Labor Protection in the Russian Federation." Among them, it is important to indicate the following:
- General provisions: basic concepts of working conditions, labor protection, hazardous factors of industrial significance, safe working conditions, labor protection legislation, collective and individual protective equipment, and other state regulatory requirements, key areas of state. policies in this area and the powers of state. authorities, as well as subjects of the Russian Federation in this area.
- Guarantees of the employee’s rights related to labor in conditions that meet the requirements: his right to labor protection, the presence of restrictions on his performance of labor activity in adverse conditions (when working with dangerous or harmful labor conditions, hard work).
- Ensuring the protection of the labor process: state. management, the functioning structures for its provision in companies, the responsibilities of the employer and personnel for its organization, the compliance of production facilities with labor protection requirements, the provision of protective equipment for employees, professional training and education, as well as the financing of related activities.
- Monitoring compliance with current legislation: state structures. supervision and control in this area, public control, liability in case of violation of labor protection requirements.
- The rules regarding the entry into force of the presented provisions, as well as the recognition of certain legal acts as invalid.
The value and content of labor protection
In the Russian Federation, legal regulation of labor protection is carried out if labor protection is considered in one of three meanings:
- The base of labor law and labor organization.
- A legal institution, which is a set of legal norms that are integrated among themselves and aimed, first of all, at preserving the health and life of staff during labor activities.
- An element of legal relations of a labor nature, consisting in the subjective right of absolutely every employee to work under conditions that exclude the influence of hazardous production factors or do not exceed the permissible degree of this influence. This clause of the legal regulation of labor protection is fixed by an individual labor contract with an employee. In addition, other employment contracts are used.
The content of the institute of labor protection lies in legal norms, which, in accordance with the subject of legal regulation of labor protection, are grouped. In this case, the so-called sub-institutes are formed.
Consider the sub-institutions
It is customary to distinguish the following sub-institutes of labor protection, depending on the subject of legal regulation of labor protection:
- Standards that determine the planning, organization and financing of work related to labor protection in an organization, institution or enterprise.
- Standards for the protection of the labor activity that is carried out by an employee under adverse conditions.
- Standards for additional (special) labor protection for personnel with family responsibilities (this includes women), minor employees, as well as persons with reduced working capacity, in other words, people with disabilities.
- Standards for the supervision of compliance with legislation in force on the protection of labor activity and types of liability in case of violation.
Other classifications of norms
Legal regulation of labor protection in the Russian Federation is also carried out through other norms. To date, the following classifications are known:
- In accordance with the scope: industry, intersectoral, as well as local standards developed on their basis taking into account the characteristics of production (they are in any case approved by the organization, institution or enterprise).
- In accordance with the subject composition (in other words, according to the executors of the requirements), it is customary to distinguish organizational and legal norms that establish administrative duties; substantive, which determine the responsibilities of both the employer and employees; supervision standards and those that assign corresponding responsibilities to the structures provided for in Article 244 of the Labor Code of the Russian Federation (it is worth noting that these standards are simultaneously included in the category of an independent legal institution for monitoring compliance with labor laws by citizens).
- In accordance with the form of normative prescriptions of regulations of the by-law type, provisions, resolutions, labor safety standards (industry, state, enterprise standards), norms and rules (for example, construction, sanitary, safety), instructions (standard industry labor protection, safety rules applicable in the case of certain types of production activities on labor protection for certain employees), organizational and methodological documentation (provisions, instructions of the methodological plan, rivers recommendations).
Basic principles of legal regulation of labor protection
ILO Convention No. 187 “On the Foundations Promoting Occupational Health and Safety” establishes the following principles of state. labor protection policies:
- Assessment of occupational hazards and risks.
- Fighting them at the place of their appearance.
- Development of a preventive culture of health and safety of national importance. It involves, in particular, the exchange of data, consultations, as well as the organization of training.
It should be noted that the aforementioned principles of legal regulation in the field of labor protection are not fully accepted by the Labor Code in force on the territory of the Russian Federation. So, article 210 of the Labor Code identified the key areas of state. policy in the field of labor protection, and established the relevant principles of the institute. They can be classified into three groups:
- The principles of legal regulation of labor protection, which consist in the formation of a single legal mechanism of national importance associated with the regulation of relations in the direction of labor protection. It is advisable to include the adoption and subsequent implementation of regional and federal legislation, the organization and provision of state. management of labor protection, state examination of working conditions and so on.
- The principles of legal regulation of labor protection of workers, suggesting a connection with the economic state. labor protection policies. This group should include state participation in the form of its specific structures in financing thematic events, establishing order in providing personnel with collective and individual plan protection means; determination of compensation for work in hazardous or harmful working conditions, as well as for hard work; protection of the interests of employees affected by industrial accidents and occupational diseases (this also applies to members of their families) on the basis of mandatory social services. insurance and in accordance with the law in force in the Russian Federation.
- Principles of legal regulation of labor protection related to the organization of labor protection. This is the training and subsequent training of certain specialists; dissemination of best practices to improve factors and protect labor; international cooperation in the relevant field.
Other principles
In addition to the above, there are the following principles of legal regulation of labor protection:
- Relative improvement of conditions and full provision of labor protection, certification in order to identify and eliminate the impact of adverse factors on the health of employees. It is also advisable to include the implementation of certification work here.
- The principle of legal regulation of labor protection in the Russian Federation, implying the economic interest of employers, providing for the introduction of insurance against injuries in the workplace.
The law of the city of Moscow dated 12.03.2008 No. 11 "On labor protection in the city of Moscow" in Article 4 governs the following principles of state. labor protection policies:
- The principle of recognition and subsequent ensuring the priority of the health and safety of employees in relation to the production process.
- The principle of cooperation and interaction of state bodies authorities of Moscow with employers and their associations, professional unions and their associations, as well as other representative structures authorized by employees.
So, the main principle of legal regulation of labor protection in Russia is to ensure that the employer provides a safe working environment. Here it is important to take into account such a feature as a combination of general norms that apply to all personnel and special norms that provide for guarantees of an additional plan for working underground, in dangerous, harmful and difficult working conditions. It is also advisable to include certain categories of employees in accordance with their age, physiological and other characteristics (people with disabilities, youth, women, and so on).
A key principle that is part of the system of legal regulation of labor protection provides for the presence of public and state bodies that oversee compliance with current legislation in the direction of labor and its protection. This principle is reflected in Chapter 57 of the Labor Code of the Russian Federation “Departmental control and state supervision of full compliance with the law in the field of there and other normative acts that contain legal norms” and Chapter 58 of the Labor Code of the Russian Federation “Protection of the legitimate interests and labor rights of workers by trade unions”.
What are the provisions for?
It is worth noting that the norms included in the system of legal regulation of labor protection are very diverse. Currently, they provide for certain responsibilities of employers and employees in the field of labor protection. Among them, free provision of personnel, provision of special shoes, special clothing and other tools for personal protection (in accordance with Article 149 of the Labor Code of the Russian Federation).
According to article 17 of the Federal Law of 07.17.1999, these funds are issued in the case of the following types of work:
- With dangerous or harmful working conditions.
- Performed under conditions of certain temperature indicators.
- Pollution related.
It should be noted that standard industry rules related to the free issuance of special clothing, shoes and other protective equipment to employees on an individual plan were approved in December 1997 by various resolutions of the Ministry of Labor. The basics of legal regulation in labor protection suggest that these funds are acquired at the expense of the employer and are his property. And for its loss establishes the liability of employees. At the same time, monetary compensation in exchange for issuing the required personal protective equipment to personnel is strictly prohibited by applicable law. The use of clothing and shoes by employees is their duty, for the violation of which disciplinary liability is possible.
What else is provided to employees?
In addition to the benefits presented above, employees who are engaged in hard labor or work in hazardous, harmful production conditions receive free medical and preventive nutrition. It should be noted that the list of industries, positions and professions, the work in accordance with which gives the right to food treatment and prophylactic plan (BOT), as well as the rules for its issuance are determined by the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions of 07.01.1977 No. 4 / P-1. In some cases, the provision of free distribution of milk and other equivalent food products to employees is provided.
These products are issued to personnel engaged in work related to the production or use of radioactive and chemical substances. The norm of delivery is 0.5 liters per shift. The list of chemicals in the process of work with which it is recommended to use milk or other equivalent food products for prevention is approved by Order of the USSR Ministry of Health dated November 4, 1987 No. 4430-87. An important role is played by the supply of hot workshop workers with salt-soda water at a rate of 4-5 liters per person per shift, as well as the free dispensing of soap and other neutralizing, flushing agents at work related to pollution (Article 150 of the RF Labor Code).
Conclusion
So, we fully understood the key concepts, principles, organization system and other aspects of labor protection. In conclusion, it is advisable to generalize that it represents a process of influence by the state on public relations in the field of labor safety and its protection through special legal means and techniques. Legislation regarding this issue includes: decrees of the President of the Russian Federation, laws of the federal level, decrees of the Government of the Russian Federation, other laws, regulatory legal acts of ministries and departments of federal significance, as well as other regulatory legal acts of constituent entities of the Russian Federation, local regulatory acts of enterprises and other structures , which contain legal norms on labor protection.