Tk rf operating. When was the Labor Code of the Russian Federation adopted? Trade Secret Law

Establishment of state guarantees in the field of labor, creation favorable conditions for work, protection of the rights and interests of employees and employers - the main goals labor law(Article 1 of the Labor Code of the Russian Federation). These issues are relevant for the vast majority of organizations and for many individual entrepreneurs. Recall that one of the fundamental documents regulating labor relations is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will talk about some of the main changes to the Labor Code in 2017 in our material.

Eases for microenterprises

From 01/01/2017, the Labor Code was supplemented with a new Chapter 48.1 (Federal Law of 07/03/2016 No. 348-FZ). It establishes some features for employers who are.

Thus, a micro-enterprise has the right to refuse, in whole or in part, from the adoption of local labor regulations. We are talking, for example, about the rules of internal labor regulations, the regulation on remuneration or bonuses, shift schedules, etc. However, this does not mean that such issues in the micro-enterprise will remain unresolved. The conditions that should have been provided for by local regulations, if a microenterprise refuses to develop such acts, it must be included directly in labor contracts with employees. To do this, the standard form of an employment contract should be used as the basis, approved by the Decree Government dated August 27, 2016 No. 858.

A new mandatory document when concluding an employment contract

On January 1, 2017, an amendment to Art. 65 of the Labor Code of the Russian Federation, concerning the list of documents to be presented when applying for a job. Recall that persons subjected to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances are not allowed to certain types works (clause 1, article 10 of the Federal Law of July 13, 2015 No. 230-FZ). These types of work include, for example:

work directly related to ensuring transport security (clause 9, part 1, article 10 of the Federal Law of February 9, 2007 No. 16-FZ);
work directly related to the movement of trains and shunting work(Clause 3, Article 25 of the Federal Law of January 10, 2003 No. 17-FZ);
work as a private security guard (clause 13, article 11.1 of the Law of March 11, 1992 No. 2487-1).

Now, upon admission to such types of work, it is necessary to present a certificate (Appendix No. 4 to Administrative regulations, approved Order of the Ministry of Internal Affairs of October 24, 2016 No. 665) on whether or not a person is subject to administrative punishment for such acts.

Amendments to the Labor Code: June 2017

The latest amendments to the Labor Code at the time of preparation of the consultation were in June 2017. Vladimir Putin signed amendments to the Labor Code on 06/18/2017. These new amendments to the 2017 Labor Code come into force after 10 calendar days after the day of official publication (Article 6 of the Federal Law of June 14, 1994 No. 5-FZ). On the official website legal information http://www.pravo.gov.ru the latest amendments to the Labor Code of the Russian Federation 2017 were published on 06/18/2017. This means that the amendments to the Labor Code 2017 come into force not on June 19 (the next day), but after 10 days, i.e. 06/29/2017. Indeed, in order for the amendments to the Labor Code to come into force on June 19, 2017, they would have to be published on June 8, 2017.

Amendments to the Labor Code 2017 on wages

Amendments to Art. 152 of the Labor Code of the Russian Federation specify the procedure for paying overtime. Recall that according to general rule overtime work is paid for the first two hours at least one and a half times, for subsequent hours - at least twice the amount or is compensated by providing an equivalent rest time. Latest amendments The Labor Code of the Russian Federation establishes that overtime work on weekends and non-working holidays paid in an increased amount or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of "normal" overtime work, it is not taken into account.

Additionally, the features of remuneration on a weekend or non-working holiday are clarified. Article 153 of the Labor Code of the Russian Federation establishes that all employees are paid an increased amount of hours actually worked on a weekend or non-working holiday (from 00.00 to 24.00), even if such days account for only part of the working day (shift).

They exist in a certain form. Prior to their objectification, i.e., external manifestation, one can speak of the rule of law only as a result of norm formation. The form labor law - it is a system of normative legal acts containing labor law norms that are developed and adopted in the process of legal rule-making by state authorities, organizations, employers - individuals.

According to the form of labor law, it is necessary to distinguish between normative legal acts; legal acts containing labor law norms; individual acts with elements of normative content.

Regulatory act always contains the rule of proper behavior (norm) of participants in joint work. This norm is designed for repeated application and for an indefinite circle of persons who will be subjects of regulated social and labor relations.

A normative legal act is a kind of legal act. legal act, i.e., an act binding on the subjects of labor law for which it is designed can be individual acts - acts of applying labor law norms, agreements of the parties to social and labor relations. So, by agreement of the employer and the labor collective, a collective agreement can be developed and adopted. Article 40 of the Labor Code of the Russian Federation defines a collective agreement as a legal, and not a regulatory legal act that regulates social and labor relations in an organization or with an individual entrepreneur and is concluded by employees and the employer represented by their representatives. Such a legal act may contain labor law norms, for example, forms, remuneration systems in the organization; allowances and compensations and other norms established by agreement of the parties (Article 41 of the TKRF).

Individual legal acts with elements of normative content, i.e., acts of application of labor law norms, also in some cases include labor law norms. In accordance with Art. 9 of the Labor Code of the Russian Federation, the regulation of labor relations can be carried out by concluding, amending, supplementing labor contracts. IN employment contract an employee, by agreement with the employer, may, for example, provide for a special regime of his working time, different from that established in the organization for this category of employees, special conditions for remuneration.

Types of regulatory legal acts

Social and labor relations are regulated by a number of normative legal acts. In the theory of law, certain types of normative legal acts are distinguished. The criteria for such a division are also known: the content of a normative legal act; the procedure for its adoption; the body issuing such an act; the circle of persons to whom it applies, etc.

In Art. 5 TC R(1) defines the following types of normative legal acts, regulating social and labor relations:

labor legislation (including legislation on labor protection), consisting of the Labor Code of the Russian Federation, other federal laws and laws of the constituent entities of the Russian Federation containing norms;

other normative legal acts containing labor law norms;
decrees of the President of the Russian Federation;
resolutions of the Government of the Russian Federation and normative legal acts of federal executive bodies;
normative legal acts of the executive authorities of the constituent entities of the Russian Federation;
normative legal acts of local self-government bodies.

This classification is based on the body that adopts the normative legal act on labor. For the same reason, the legislator singles out local regulatory legal acts (Article 8 of the Labor Code of the Russian Federation). hardly justified this species normative legal acts containing norms of labor law, be excluded from the list of normative legal acts enshrined in Art. 5 of the Labor Code of the Russian Federation. Local regulatory legal acts containing labor law norms are developed and adopted by the employer, with the exception of employers - individuals, which are not individual entrepreneurs, independently (documents technological process), taking into account the opinion of the representative body of employees, jointly or in agreement with it (parts 2, 3 of article 8 of the Labor Code of the Russian Federation).

The norms of labor law of any kind of normative legal acts should not contradict the Labor Code of the Russian Federation, the Constitution of the Russian Federation, international legal acts adopted by the ILO, the United Nations, the Council of Europe, the Russian Federation in agreement with the CIS countries and far abroad (international treaties, agreements). Part 5 of Art. 15 of the Constitution of the Russian Federation establishes that the generally recognized principles of international law and international treaties of the Russian Federation are part of its legal system. In the event that an international treaty of the Russian Federation establishes other rights than those provided for by law, the rules of the international treaty shall apply. This provision is duplicated in Art. 10 of the Labor Code of the Russian Federation.

The above system of normative legal acts is characterized by appropriate subordination, a ban on worsening the situation of employees by acts of lower state authorities and administration. Thus, all Russian regulatory legal acts containing labor law norms cannot contradict the Labor Code of the Russian Federation. At the same time, it is allowed at any level of rule-making activity to improve legal status employees, starting with local acts and ending federal laws. If necessary, the Labor Code of the Russian Federation may be amended accordingly, which have already been enshrined in other regulatory legal acts developed by judicial practice.

The Labor Code of the Russian Federation was adopted by the State Duma on December 21, 2001, approved by the Federation Council on December 26, 2001 and signed by the President of the Russian Federation on December 30, 2001, and on December 31, 2001 it was published in Rossiyskaya Gazeta.

Amendments and additions were made to the Labor Code of the Russian Federation starting from July 25, 2002. It is almost completely new edition was adopted by the Federal Law of June 30, 2006 No. 90-FZ “On Amendments to the Labor Code Russian Federation, recognition of certain normative legal acts of the USSR as not valid on the territory of the Russian Federation and invalidated some legislative acts (provisions of legislative acts) of the Russian Federation.

The inefficiency of the Labor Code of the Russian Federation of 2001 cannot be explained by references to the rapidly changing socio-economic situation in the country. Its analysis shows that there were no special events unexpected for the legislator that would have prompted amendments to almost 3/4 of the articles of the Labor Code of the Russian Federation in such a short period.

An analysis of the development and adoption of the Labor Code of the Russian Federation allows us to draw a number of conclusions that are typical for any type of rule-making in the field of social and labor relations.

First, before the adoption of a normative legal act, and even more so a law, a sociological approach is needed to study the goals, objectives, and practical significance of the adoption of such a normative legal act. Using the possibilities of labor law sociology, hermeneutics and the logic of labor law is an important condition for the effectiveness of the work of a rule-making body.

Secondly, at present it is impossible to talk about the development and adoption of regulatory legal acts in the sphere of labor without referring to a detailed study of the already established systems of local regulatory legal acts and the practice of their application in individual organizations.

Thirdly, in the process of rule-making, the practice of law enforcement agencies and courts should be studied. The adoption of the mentioned Law is largely due to the position of the Supreme Court of the Russian Federation, which was subsequently reflected in a number of resolutions of the Plenum of the Supreme Court of the Russian Federation, including the resolution of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

Labor Code of the Russian Federation

Labor Code of the Russian Federation— a codified legislative act (Federal Law No. 197-FZ of December 30, 2001) on labor.

The Code defines labor relations between employees and employers.

Labor legislation in the Russian Federation was created with the aim of establishing state guarantees of labor rights and freedoms, creating favorable working conditions and protecting the rights and interests of workers and employers (Article 1 of the Labor Code of the Russian Federation).

The main tasks of labor legislation:

creation of the necessary legal conditions to achieve the harmonization of the interests of the parties to labor relations;
legal regulation of labor relations;
regulation of relations related to the organization of labor, employment, vocational training and retraining and advanced training of employees;
supervision and control over compliance with labor legislation;
permission labor disputes;

Sections of the Labor Code of the Russian Federation

Section I. General Provisions
Section II. Social partnership in the sphere of labor
Section III.
Section IV.
Section V Rest Time
Section VI. Pay and labor regulation
Section VII. Guarantees and compensation
Section VIII. work order,
Section IX. Professional training, retraining and advanced training of employees
Section X. Labor protection
Section XI. Material liability parties to an employment contract
Section XII. Features of labor regulation certain categories workers
Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
Section XIV. Final provisions

The role of judicial practice in the settlement of social and labor relations

Judicial practice in the regulation of social and labor relations performs the following functions.

First, its generalization at the level of the Supreme Court of the Russian Federation, as noted above, contributes to the improvement of the current labor legislation. In the process of applying the norms of labor law, the courts identify their shortcomings, which affect the results of law enforcement. In a number of cases, in the process of applying the norms of labor law, the courts identify its gaps, incompleteness, ambiguity, synonymy, conflicts of individual norms.

Secondly, the decisions of the Plenum of the Supreme Court of the Russian Federation are binding on the judiciary. Their decisions cannot contradict the requirements of the Supreme Court of the Russian Federation; otherwise, they will be overruled by higher courts.

Thirdly, any law enforcer, including an employer, understands that in the event of a labor dispute and its resolution in court, the opinion of the Supreme Court of the Russian Federation will be taken into account. Although the requirements of the Supreme Court have no legal force for him, that is, they are not the norms of law, they indirectly determine the behavior of the employer in resolving a labor dispute that has arisen between him and the employee.

The Labor Code of the Russian Federation does not include acts of judicial authorities on the application of labor legislation in the system of normative legal acts containing labor law norms. The Russian Federation does not recognize the precedent that is typical for systems common law UK and USA.

A somewhat different role is played by the decisions of the Constitutional Court of the Russian Federation. If the Constitutional Court recognizes a norm that is contrary to the Constitution of the Russian Federation, it loses its legal force. The rule-making body is obliged, on the basis of the decision of the Constitutional Court of the Russian Federation, to make appropriate changes to labor legislation, including the Labor Code of the Russian Federation. However, this does not give sufficient grounds to recognize the decisions of the Constitutional Court as a precedent. According to the law of judicial precedent, each court is obliged to follow the decision of the higher court. In England, the Courts of Appeal (other than the House of Lords) are bound by their previous decisions. In the Anglo-Saxon legal system, the principles of common (case) law are considered labor law norms that have legally binding force.

In the Russian Federation, the decisions of the Constitutional Court of the Russian Federation are not the norms on the basis of which law enforcement activities in the field of labor relations are carried out.

Features of regulatory legal acts containing labor law norms

Normative legal acts regulating social and labor relations have their own specifics.

Firstly, trade unions participate in the development, adoption and application of normative legal acts on labor.

Thus, according to the Labor Code of the Russian Federation, regulatory legal acts containing labor law norms are adopted by associations of employers and trade unions jointly (Article 45), the employer and labor collective represented by their representatives (Article 40), by the employer, taking into account the opinion of the elected representative body of the labor collective (Part 2 of Article 8), by the employer in agreement with the trade union body (the "representative body of workers" - Part 3 of Article 8).

In some organizations it is possible (if it is established collective agreement) joint adoption of normative legal acts by the employer and the labor collective, its elected representative body - the trade union committee.

Secondly, labor law has always been characterized by the adoption of normative legal acts by the state specialized functional body labor administration and wages. Such a body at different stages of the development of the state was called differently: the People's Commissariat of Labor of the USSR, the People's Commissariats of Labor of the Union Republics, State Committee on labor and wages. Ministry of Labor and Employment of the Russian Federation, Ministry of Labor and social development RF. At present, the functions of this body have been somewhat expanded. It adopts normative legal acts not only in the field of labor and wages, but also in the field of health care and social security of citizens. In the literature and at meetings of the State Duma of the Russian Federation, the need to create the Ministry of Labor of the Russian Federation is discussed - a body that would be engaged in rule-making exclusively in the field of labor. The Ministry of Health and Social Development of the Russian Federation publishes monthly special magazine- "Bulletin of labor and social legislation of the Russian Federation", which publishes the normative legal acts adopted by him, containing the norms of labor law.

Thirdly, a significant place among the labor legislation is occupied by local regulatory legal acts that are adopted and operate in individual organizations. Among them, a special place is occupied by technical process documents.

Fourthly, regulatory legal acts containing labor law norms are distinguished as general and special, i.e., extending their effect to all workers or certain categories of them (women; underage workers; disabled people; persons working in certain sectors of the economy (railway, road transport etc.)).

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Signing: President December 30 Entry into force: 1st of February First post: "Rossiyskaya Gazeta" No. 256 of December 31

Labor Code of the Russian Federation- codified legislative act (code) on labor, Federal Law No. 197-FZ of December 30, 2001. It was put into effect on February 1, 2002 instead of the Code of Labor Laws of the RSFSR (Labor Code of the RSFSR) of 1971 that was in force before it. The Code defines labor relations between employees and employers and takes precedence over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.

Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates the issues of labor protection, professional training, retraining and advanced training, employment, social partnership. The rules of payment and labor rationing, the procedure for resolving labor disputes are fixed. Separate chapters are devoted to the features legal regulation labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).

Sections of the Labor Code of the Russian Federation

Section I. General Provisions
Section II. Social partnership in the sphere of labor
Section III. Labor contract
Section IV. Work time
Section V Rest Time
Section VI. Pay and labor regulation
Section VII. Guarantees and compensation
Section VIII. Labor schedule, labor discipline
Section IX. Vocational training, retraining and advanced training of employees
Section X. Labor protection
Section XI. Liability of the parties to the employment contract
Section XII. Features of labor regulation of certain categories of workers
Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
Section XIV. Final provisions

History

Code of 1918

First Russian code laws on labor was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.

The Code introduced the following concepts:

workers- persons working for remuneration;
remuneration for work- provided in the form of money, services (for example, the provision of housing) or products (including food);
living wage- the minimum remuneration for work established for the given locality;
preliminary test- a certain period preceding the final admission to a long-term job;
normal work time - the time set for the production of this work by the tariff regulation;
shift work- continuous work, which requires several work shifts;
overtime work- work beyond the normal working hours was allowed in exceptional cases;
holidays- set days on which work is not performed;
production rate- the amount of work established by the pricing commission and approved by the labor department, carried out under normal conditions during normal working hours;
labor inspection- the body responsible for the protection of life, health and labor of persons engaged in economic activities;
labor distribution department- a body that registers the unemployed and provides them with jobs.

The first code introduced the following duties of workers:

labor service- the duty of every citizen of the RSFSR;
personal employment history- a document with notes on the work performed, remuneration and benefits received;
opportunity to attract overtime work adult male working population;
performance of the number of works not less than the established production standards;
compliance internal regulations;
notification to the division of power distribution and the trade union about the fact of replacement at the workplace of a worker who left the workplace without permission.

The following rights of workers were declared:

right to work- the right to use labor in their specialty and for a fixed remuneration;
remuneration for work not lower than the established subsistence level;
receiving remuneration for work at least once every two weeks;
possibility of dismissal own will(in fact, this right was eliminated by the need to justify the reason for dismissal, which would suit the body of workers' self-government);
the duration of normal working time is not more than 8 daytime or 7 night hours per day.
reduced working hours for persons under 18;
reduced working hours for heavy and hazardous work;
lunch break;
extra break for breastfeeding;
weekly uninterrupted rest for at least 42 hours;
shortened working day before the day of rest;
annual vacation;
cash allowance and free medical assistance in case of illness, pregnancy and childbirth;
unemployment benefit in the amount of the worker's remuneration for work according to his tariff, group and category;
allowance for workers who do not work in their specialty.

The Code explicitly prohibited workers from working during annual leave and on holidays. When the fact of such work was established, the remuneration received by him was withheld from the worker. It was also forbidden to receive additional remuneration for work except for normal working hours and overtime. Advance payment was prohibited.

The following funds were introduced:

Unemployment Insurance Fund;
Local health insurance companies.

After 4 years, in 1922, the code was revised.

Code of 1922

The second code was adopted by a decree of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, Secretary of the All-Russian Central Executive Committee Yenukidze in November 1922. New Code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects labor activity citizens, many of whom have survived to the present day.

Compared with the previous code, new concepts were introduced, such as:

passbook;
severance pay;

The code established an 8-hour working day, uninterrupted rest, lasting at least 42 hours, an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the time before childbirth and after childbirth: 6 weeks before and 6 weeks after - for mental workers, 8 weeks - for manual workers; additional (except for lunch) breaks for feeding infants were also introduced.

The Code established a list of public holidays, and also introduced the concept of professions of "clerical and mental labor". There was no old-age pension, instead there was only "the right to social Security with disability."

With some amendments, the code was in effect for almost half a century.

Labor Code 1971 (Labor Code)

In 1971, a new code was adopted that established the 41-hour working week, added new holidays and new benefits, including establishing the right to leave to care for a child until he reaches 3 years old with the preservation of the workplace. The new code was more lenient compared to the code

And employers and has priority over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.

Labor Code of the Russian Federation

View	Federal law (Russia)
Number	197-FZ
Adoption	State Duma December 21
OK	Federation Council December 26
Signing	President December 30
Entry into force	1st of February
First publication	"Rossiyskaya Gazeta" No. 256 of December 31
Current edition	from February 5th

The Labor Code of the Russian Federation, in particular, establishes the rights and obligations of the employee and the employer, regulates the issues of labor protection, professional training, retraining and advanced training, employment, social partnership. The rules of payment and labor rationing, the procedure for resolving labor disputes are fixed. Separate chapters are devoted to the peculiarities of the legal regulation of the labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).

Sections of the Labor Code of the Russian Federation

History

Labor legislation of the new time

The formation of labor law in Russia begins in the 18th century and is associated with the development of mining in this period. By the same time, the “Factory Charter” prepared by V.N. Tatishchev (not adopted) belongs.

However, labor law began to develop fully in the 19th century. The labor law of this period is characterized by the coverage of predominantly factory relations (from this comes the second name of labor law in this period: factory legislation). During this period, the laws of 1882 and 1885 were issued (mainly concerning child labor), as well as the "Rules on the Mutual Relations of Manufacturers and Workers" (). Great importance had an 1897 law limiting the working day to 11.5 hours. The most complete act of this period, which would reflect labor relations, was the “Charter on Industrial Labor” (), which approved, in particular, the rules for hiring, as well as the procedure for monitoring compliance with labor (then factory and mining) legislation.

Code of 1918

The first Russian labor code was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.

The Code introduced the following concepts:

workers- persons working for remuneration;
remuneration for work- provided in the form of money, services (for example, the provision of housing) or products (including food);
living wage- the minimum remuneration for work established for the given locality;
preliminary test- a certain period preceding the final admission to a long-term job;
normal working hours- the time set for the production of this work by the tariff regulation;
shift work- continuous work, which requires several work shifts;
overtime work- work beyond the normal working hours was allowed in exceptional cases;
holidays- set days on which work is not performed;
production rate- the amount of work established by the pricing commission and approved by the labor department, carried out under normal conditions during normal working hours;
labor inspection- the body responsible for the protection of life, health and labor of persons engaged in economic activities;
labor distribution department- a body that registers the unemployed and provides them with jobs.

The first code introduced the following duties of workers:

labor service- the duty of every citizen of the RSFSR;
personal employment history- a document with notes on the work performed, remuneration and benefits received;
the possibility of attracting adult male able-bodied population to work overtime;
performance of the number of works not less than the established production standards;
compliance internal regulations;
notification to the division of power distribution and the trade union about the fact of replacement at the workplace of a worker who left the workplace without permission.

The following rights of workers were declared:

right to work- the right to use labor in their specialty and for a fixed remuneration;
remuneration for work not lower than the established subsistence level;
receiving remuneration for work at least once every two weeks;
the possibility of dismissal at will (in fact, this right was eliminated by the need to justify the reason for dismissal, which would suit the body of workers' self-government);
the duration of normal working time is not more than 8 daytime or 7 night hours per day.
reduced working hours for persons under 18;
reduced working hours for heavy and hazardous work;
lunch break;
additional break for breastfeeding a child;
weekly uninterrupted rest for at least 42 hours;
shortened working day before the day of rest;
annual vacation;
cash allowance and free medical assistance in case of illness, pregnancy and childbirth;
unemployment benefit in the amount of the worker's remuneration for work according to his tariff, group and category;
allowance for workers who do not work in their specialty.

The Code expressly forbade workers to work during annual leave and holidays, limited the duration labor day 8 hours in the daytime and 7 hours at night (for the first time, an 8-hour working day was established by decree of October 29 (November 11), 1917, and before that, according to the law of June 2, 1897, the working day was limited to 11, 5 hours). When the fact of such work was established, the remuneration received by him was withheld from the worker. It was also forbidden to receive additional remuneration for work except for normal working hours and overtime. Advance payment was prohibited.

The following funds were introduced:

Unemployment Insurance Fund;
Local health insurance companies.

After 4 years, in 1922, the code was revised.

Code of 1922

The second code was adopted by a decree of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, Secretary of the All-Russian Central Executive Committee Yenukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.

Compared with the previous code, new concepts were introduced, such as:

passbook;

With some amendments, the code was in effect for almost half a century.

Labor Code 1971 (Labor Code)

In 1971, a new code was adopted that established a 41-hour work week, added new holidays and new benefits, including establishing the right to leave to care for a child until he reaches 3 [

The Code defines labor relations between employees and employers and takes precedence over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.

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The first Russian labor code was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.
The Code introduced the following concepts:
- workers- persons working for remuneration;
- remuneration for work- provided in the form of money, services (for example, the provision of housing) or products (including food);
- living wage- the minimum remuneration for work established for the given locality;
- preliminary test- a certain period preceding the final admission to a long-term job;
- normal working hours- the time set for the production of this work by the tariff regulation;
- shift work- continuous work, which requires several work shifts;
- overtime work- work beyond the normal working hours was allowed in exceptional cases;
- holidays- set days on which work is not performed;
- production rate- the amount of work established by the pricing commission and approved by the labor department, carried out under normal conditions during normal working hours;
- labor inspection- the body responsible for the protection of life, health and labor of persons engaged in economic activities;
- labor distribution department- a body that registers the unemployed and provides them with jobs.
The first code introduced the following duties of workers:
- labor service- the duty of every citizen of the RSFSR;
- personal employment history- a document with notes on the work performed, remuneration and benefits received;
- the possibility of attracting adult male able-bodied population to work overtime;
- performance of the number of works not less than the established production standards;
- compliance internal regulations;
- notification to the division of power distribution and the trade union about the fact of replacement at the workplace of a worker who left the workplace without permission.
The following rights of workers were declared:
- right to work- the right to use labor in their specialty and for a fixed remuneration;
- remuneration for work not lower than the established subsistence level;
- receiving remuneration for work at least once every two weeks;
- the possibility of dismissal at will (in fact, this right was eliminated by the need to justify the reason for dismissal, which would suit the body of workers' self-government);
- the duration of normal working time is not more than 8 daytime or 7 night hours per day.
- reduced working hours for persons under 18;
- reduced working hours for heavy and hazardous work;
- lunch break;
- extra break for breastfeeding;
- weekly uninterrupted rest for at least 42 hours;
- shortened working day before the day of rest;
- annual vacation;
- cash allowance and free medical assistance in case of illness, pregnancy and childbirth;
- unemployment benefit in the amount of the worker's remuneration for work according to his tariff, group and category;
- allowance for workers who do not work in their specialty.
The code explicitly forbade workers to work during annual leave and holidays, limited the length of the working day to 8 hours during the day and 7 hours at night (before that, according to the law of June 2, 1897, the working day was limited to 11.5 hours). When the fact of such work was established, the remuneration received by him was withheld from the worker. It was also forbidden to receive additional remuneration for work except for normal working hours and overtime. Advance payment was prohibited.
The following funds were introduced:
- Unemployment Insurance Fund;
- Local health insurance companies.
After 4 years, in 1922, the code was revised.

Code of 1922

The second code was adopted by a decree of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, Secretary of the All-Russian Central Executive Committee Yenukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.
Compared with the previous code, new concepts were introduced, such as:
- passbook;
The code established an 8-hour working day, uninterrupted rest, lasting at least 42 hours, an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the time before childbirth and after childbirth: 6 weeks before and 6 weeks after - for mental workers, 8 weeks - for manual workers; additional (except for lunch) breaks for feeding infants were also introduced.
The Code established a list of public holidays, and also introduced the concept of professions of "clerical and mental labor". There was no old-age pension, instead there was only "the right to social security in case of disability."
With some amendments, the code was in effect for almost half a century.