Protection of the labor rights of workers

In the Russian Federation, every citizen is able to protect their own rights by all means that do not contradict the law. They are listed in the Labor Code.

Article 352 indicates the following ways in which the protection of the labor rights of workers can be implemented:

- self-defense;

- protection of labor rights of workers by trade unions;

- appeal to the court with a request for protection;

- control and supervision of the state to ensure compliance with the law.

Trade unions play an important role in protecting workers. These associations are created specifically for this purpose. The labor rights of workers are protected by unions by ensuring that employers do not violate labor laws.

These associations operate with the help of their bodies (trade union committees), labor inspectorates and trusted labor protection officers.

The authorized trade union committee, who will subsequently consider labor protection issues, is selected, as a rule, at a general meeting of all employees of this organization.

But labor inspectorates are created at the national level, as well as regional and territorial.

Protecting the labor rights of workers is the main goal of creating associations such as trade unions. Therefore, the powers of labor protection inspectors allow them to freely visit the enterprises that are the place of work of union members (and their form of ownership does not matter) in order to check whether the legislation on labor standards is respected there, and whether the previously signed conditions of agreements and contracts are complied with.

Labor inspectors in whose interests the protection of the labor rights of workers are authorized:

- monitor whether the employer complies with labor law;

- independently conduct an examination of the conditions in which workers work, as well as the conditions for ensuring their safety;

- to participate in the proceedings of those accidents that occurred at work, and prof. diseases;

- receive from managers information about what conditions they have created in this organization for full work;

- the authority of the inspectors includes the protection of the labor rights of workers, regarding issues related to damage to their health caused in the workplace;

- require employers to suspend work if they threaten the life and health of employees;

- after detecting violations of labor law, require the employer to eliminate them;

- check whether the employer complies with the obligations regarding the protection and working conditions provided for in the collective agreement or contract;

- enter the commission, as independent experts, during the verification of the means of production before putting them into operation;

- to participate in disputes related to the fact that the employer has violated the norms and working conditions stipulated in the collective agreement;

- participate in the development of legal acts and laws that contain the establishment of labor law;

- participate in the development of legal acts subordinate to the law and concerning labor protection, as well as coordinate them in accordance with the procedure established by the Government of the Russian Federation;

- demand from the relevant authorities that persons who violate labor laws or hide occupational accidents are held accountable.

Exercising the above powers, labor inspectorates work closely with government agencies that oversee and monitor strict compliance with labor law regulations.

It is the responsibility of each employer to create conditions so that trade unions can exist and act (including in the field of human labor protection).

Source: https://habr.com/ru/post/F10637/


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