What does the right to work mean. General provisions of labor law

The law clearly spells out what the right to work means. In general, if you are interested in such a question, then you definitely need to turn to the Universal Declaration of Human Rights, since this is the most reliable source. However, first things first.

what does the right to work mean

Law

There is such a document as the ICESCR. This is an international covenant on economic, social and cultural rights. And it briefly but clearly indicates what the right to work means. And this is one of the basic economic human rights. Also, this information was in the 118th article of the Constitution of the USSR (1936), and then in the fortieth, but the following document (1977). And finally, the same right is affirmed in Art. No. 37 of the Constitution of the Russian Federation. It says that everyone can work, but only in those conditions that meet the requirements of hygiene and safety.

But the notorious Universal Declaration provides more detailed information. It says about the right to work that each of us is free to choose his own job, earn money in fair and favorable conditions, be protected from unemployment, receive decent pay and satisfactory remuneration. In general, having everything you need for a good, prosperous life and carrying out your professional activities with pleasure is if you explain in simple terms.

freedom of labor right to free labor

Discrimination

Talking about what the right to work means, it is worth noting attention to this topic. Discrimination has always taken place. And so the ILO conventions and recommendations clearly spell out: it should not exist. In the exercise of freedoms and human rights there is only space for equality.

This is best described in Convention No. 111. It clearly states what the right to work means and why there should be no discrimination. This document calls on the state to determine and further pursue a national policy, the purpose of which is to promote equal opportunities for all people with regard to employment and work. The main goal is to eradicate discrimination (by gender, age, national, physiological and religious grounds).

37th article of the Constitution of the Russian Federation

This main Russian document also sets out the general provisions of labor law. The Constitution says that work is voluntary. Each person has the right to freely dispose of his abilities and choose the type of activity and specialty that he likes. The article also states that forced labor is strictly prohibited.

The document also notes the right to collective and individual labor disputes, for the resolution of which it is allowed to use the methods established by federal law. Incidentally, a strike also belongs to them (a not-so-popular way of eliminating a problem in Russia).

And finally, the most important thing - every worker has the right to rest. A person working under an employment contract is provided with weekends and holidays, annual paid leave. Its schedule is also standardized.

about the right to work

Russian law system

She should also be noted for attention. Freedom of labor, the right to free labor, general provisions - this and much more is of certain interest. But we must not forget that there is a whole separate industry containing all the important information on this topic. And this is labor law. It studies social relations regarding the use of wage labor (usually under an employment contract). It is this industry that determines the responsibilities and rights of participants in these relations. In which employers, workers and their associations are usually involved. The foundation of this industry is constitutional law.

Everything is interwoven in the law. And social security is most closely related to labor law, since work on the Labor Code of the Russian Federation implies that a person receives pensions and insurance benefits. In addition, there is still such a nuance as state assistance to the unemployed. This is a kind of social protection of citizens. And also the Labor Code of the Russian Federation contains certain paragraphs relating to the use of labor by minors, women and persons with disabilities.

general provisions of labor law

Other nuances

So, what should be understood by the right to work is clear. Now it's worth talking about something else. Namely, how labor law intersects with civil law. Everything is simple here. The most important point is the insurance of citizens against accidents that may occur in the workplace during their employment. But not only injuries are meant. We are also talking about occupational diseases. For any damage, a person, in accordance with civil law, receives compensation and moral compensation. The same applies to cases in which unlawful dismissal or transfer has occurred.

There is also criminal law. An employer who violated labor protection rules or unreasonably refused to hire someone who suits him in all respects is liable and may be punished. The same applies to cases of unfair dismissal.

In general, as you can see, labor law regulates many social relations.

the right to work what is the right to work

About protection

Unfortunately, salary delays are not uncommon. And everyone has every right to fight them, this paragraph implies the right to work. What is the right to work? This is an opportunity to cease to carry out their work activities if the salary has not been paid for more than 15 days. But before that, the employee must notify the employer of his intention (only in writing). After crediting the payment, he is obliged to return to the performance of his duties. No need to worry about dismissal - this right is spelled out in article 142 of the Labor Code of the Russian Federation.

That's not all. It is worth noting the attention of article No. 91 of the Labor Code of the Russian Federation, which prescribes information regarding the length of working time. The maximum is 40 hours a week. And the employer is obliged to keep track of the time that each employee worked. "Detentions" of various kinds without remuneration are prohibited. A person has the right to refuse to process his norm.

what is meant by the right to work

Salary

This is perhaps the most relevant, painful and important topic that directly relates to labor law. The order, place and timing of the payment of salaries is written in the 136th article of the Labor Code of the Russian Federation.

It says that salaries are accrued at least every 15 days. And the employer is obliged to notify the employee in writing of the payments. Moreover, not only about salary, but also about the amount of compensation, bonuses, penalty costs, etc.

And in the article No. 198 the provision on bonuses is described in detail. It says that the employer has the right (but should not, unfortunately) reward his employees who conscientiously and better than others perform their duties. All kinds of incentives, by the way, are prescribed in the contract, so you need to read it and ask questions, otherwise there is a risk of being left without bonuses.

Well, these are the basics that each of us should know. After all, all of us are somehow connected with this topic and should be aware of our rights.

Source: https://habr.com/ru/post/F18426/


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