Labor law is a branch of law that regulates relations between an employee and an employer. An elementary example of labor law is the interaction of workers (architect and builder) to jointly obtain the result of work. But this is a superficial explanation of the concept. What are its features, principles, and where did labor law come from?
As the chairman of the Constitutional Court Sergei Petrovich Mavrin said: "The principle is most important." It is these principles and examples of labor law that we will consider today.
Primary sources
Labor law is the youngest branch of law. She appeared at the turn of the XIX-XX centuries. with the assistance of a prominent scientist of the time L.S. Tal.
The main sources of labor law in Russia is the Labor Code of the Russian Federation (Labor Code of the Russian Federation). It was legally certified on December 30, 2001 and was a replacement for the obsolete Labor Code of the RSFSR. Moreover, in addition to exclusively labor relations, labor law also adjusts social relations related to labor: relations between collectives, conclusion of contracts, employment of citizens according to their abilities, supervision and control of labor protection, consideration of labor disputes, state of the social package.
The main method of work of labor law is the consolidation of equality of parties to the employment contract. On this basis, it can be assumed that labor law is a set of labor standards governing relations between an employee and an employer.
Principles
In the theory of law, several principles are traditionally distinguished: sectoral, interindustry, intrasectoral (principles of individual institutions), as well as international. General legal principles: legality, equality, humanism - apply to all sectors and are not considered separately in labor. The most famous examples of the principles of labor law are as follows:
- In addition to the principles related exclusively to labor law, article 2 of the Labor Code of the Russian Federation contains the right to freely choose a profession or other type of activity.
- Wages or other remuneration for labor (not bonus) cannot be lower than the minimum wage and discriminate on any grounds (racial, sexual, etc.).
- The right to hygiene in employment and protection against unemployment.
- No one can work forcibly.
- The right to rest (vacation).
- The right to individual and collective disputes within the framework of labor issues, participation in strikes.
Cross-cutting principles for example, in accordance with the Constitution:
- Health care and compulsory medical insurance.
- Providing the state with the protection of human rights and freedoms (including labor rights).
The legislative framework
As you know, labor law is the youngest industry, it appeared a little less than a hundred years ago, at the beginning of the 20th century, and since then its legislative base has been replenished and improved. Article 37 of the Constitution of the Russian Federation and Art. 2 of the Labor Code of the Russian Federation is a source of examples of labor law. The principles of any branch of law reflect its fundamental ideas.
The main difference between the principles of law, from, for example, moral - they are imperative, legally enshrined, in this case in the Constitution and the Labor Code.
The essence of labor standards
An example of a labor law norm is a list of rules for organizing working conditions (working and non-working days), the process of employment and providing jobs for unemployed citizens (drawing up an employment contract, drawing up a work book), labor protection, etc. - these are norms in a broad sense. They do not indicate specific criteria, but contain a number of legislative acts explaining the situation of each of them.
There are three broad groups of examples of labor law:
- Declarative - the basic principles of labor legislation, for example, the right to choose a profession, the right to collective bargaining, to the representation of workers.
- Definitive - norms that give an exact definition of labor acts, for example, what is labor law and an employment contract.
- Operational - norms that change or repeal the operation of laws.
There are also discretionary rights (suggesting a choice: participation in labor collectives, for example) and categorical (the impossibility of replacing leave with monetary compensation).
Features of labor rights
Examples of labor law contain many features related most often to minors (up to 18 years old) or incompetent (restriction on the group of health, disability) citizens. In accordance with article 63 of the Labor Code of the Russian Federation, it is possible to conclude an employment contract with minors who have reached 16 years of age without the consent of the parents or their substitutes. Citizens who have received basic general education (9 grades) and have reached the age of 15 years can also get a position. In any other cases, the law requires the permission of one of the parents (guardians) to work the child.
Minor citizens
However, on the question of minor citizens, age is not the only pitfall:
- Work should take place in his spare time from school and not interfere with the process of physical, mental and moral development.
- From 14 to 16 years, only light materials are allowed if it is loading activity.
- In case of disagreement of one of the parents, the opinion of the minor himself, as well as the guardianship authorities, shall be taken into account.
- Until the age of 14, work is allowed only in the fields of culture: exhibiting, theater and circus performances - without prejudice to health and mental development.
- Minors are not allowed to do heavy physical labor (work in mines) or to work with toxic substances, as well as in areas harmful to moral development (night shifts, work with alcohol, drugs and other similar substances).
- Children under 16 can work no more than 24 hours a week, from 16 to 18 - no more than 36 hours.
Nuances
This is only part of the labor legislation regarding minors, but here it is worth noting a few points before giving examples of labor law in providing youth labor. First, in high school, the school day consists of an average of 6 lessons (up to about two in the afternoon on the first shift of instruction), provided that the child, in theory, spends at least 2 hours on homework, time on work is significantly reduced.
Secondly, the students of schools and first-year secondary schools for the most part do not yet have professional skills or cannot document them (in the field of labor law, not a single word is accepted). For this reason, the circle of industries where a child can work is narrowed to cultural representations, the transfer of goods (for boys, girls are rarely taken), courier activities and other small work.
Disabled citizens
Restrictions on labor law are enjoyed by incompetent citizens of the following categories: disabled, mentally unhealthy, and rehabilitation. In all cases, incapacitated citizens have guardians, by resolution of which a contract can be drawn up. However, this does not mean that all incompetent citizens cannot independently enter work.
For an example of labor law from the life of legally incompetent people, one can imagine the following option: an adult wheelchair user gets a job as a financial consultant. He has an appropriate education and a second group of disabilities, which allows him to independently apply for work without difficulty. In this case, a disability certificate is provided with the seal of the attending physician and a note that the citizen has the right to work in this area.
When hiring a disabled person, employers require a rehabilitation card, because often in the column on labor restrictions there can be an inscription “doesn’t”, but in reality the boss needs to take into account the individual characteristics of the recruit in order to stop the rest of the staff from rejecting the team.
Disabled facilities
Separately, some exemptions should be noted as examples of the labor law of persons with disabilities and persons with rehabilitation who have a maximum of the second group of disabilities:
- The working week is not more than 35 hours with the preservation of full wages.
- Disabled people cannot be involved in overtime work, even if there is consent from them.
- The employer must provide the disabled person with leave up to 60 days with the preservation of the workplace if necessary.
- Annual paid leave is extended for 2 days.
Examples of the labor branch of law contain many nuances associated with partially capable citizens. These exemptions are the reason employers try not to hire people with disabilities, no matter how professional they may be. The legislation is trying in every possible way to encourage people with disabilities and persons after rehabilitation.
Labor violations
Examples of violations of labor law in our time are ubiquitous. The most common - the payment of wages less than the subsistence minimum (minimum wage = 7,800 rubles under Article 133 of the Labor Code of the Russian Federation) or delayed payments (Article 136 of the Labor Code of the Russian Federation); involvement of employees in activities not provided for by the contract; dismissal without settlement (Article 140 on settlement upon dismissal). These are offenses relating to the activities of the employer, but there are also those that relate directly to the employee.
For example, section VIII of the Labor Code of the Russian Federation considers the reasons for disciplinary action against a specialist in cases of violation of labor rights of other employees, being late for work, careless attitude to his position, etc.
Thus, the institution of labor law is a relatively young industry that regulates the relationship between an employee and an employer, as well as between equal employees and superiors. Labor relations are regulated by law, and violation of the rules is punishable by law. Both the employer and the employee have certain labor rights (salary payment, normalized work schedule, etc.) and obligations (discipline, subordination to superiors).