Sources of labour law in Russia презентация

Dissemination of course slides «Labour
law in Russia» is prohibited.
Opinions, given in present
work, do not reflect common accepted
point of view in law science and
labour law.
Present publication is developed in
accordance with educational program
course «Labour law in Russia».
Legislation about law and court
practice is given for
December 20, 2011

Issues:
Concept, types and peculiarities of sources LL.
LL system and system of labour legislation: history, contemporary time.
2) Structure, concept and importance of Labour Code
of Russia in regulation of labour and other relations
in labour sphere.
3) Constitution of Russia in source system of LL.
General characteristics of regional legislation about
law in Russia.
4) International acts about law in source system of
LL (acts WTO UN, CIS and others).

5) Unity and differentiation (general and special)
legislation about law in Russia.
6) Agreements, collective agreement, local
normative and its characteristics in norms LL.
7) Labour contract, convention, judiciary law in
source system of LL: problems of understanding and
importance in law-enforcement policy.

LL sources – results (products) lawmaking
activity of competent state authorities in
regulation sphere of labour and other social
relations, which compound this field subject.
(O.V. Smirnov, 2003)
Sources of law regulation in social-labour
relations are every forms of
objective expressions of LL, which are
presented in law texts, which got
legitimization and which became legally
important behaviour rules of general, collective
or individual meaning
(S.P. Mavrin, 2005)

Law sources – are community rules,
supported by government authority.
Different forms, where law is expressed,
have the name of law
sources.
(G.F. Shershenevich, 1912)
а) law
powers
c) historical
law memorials
d) ways of understanding
current law
b) law basic
materials

Law sources and LL are revealed
material meaning
(government authority)
juridical meaning
(laws, NPA and others)
A.M. Lushnikov, M.V. Lushnikova, 2003
S.Y. Golovina, M.V. Molodcov, 2003
positive, objective
interpretation (outgoing or
authorized)
sociological
interpretation (every acts,
determined behavior
– court decision,
contracts, customs)

Types (classification)
labour law sources of Russia:
1) legal force
3) received authorities
4) generalization degree
2) incidence

LL sources in Russia
International-legal acts
Labour legislation
of Russia
Convention, recommendation
WLO UN;
Model law CIS;
International contracts
(two, three, multilateral);
Acts of European Court;
other acts with norms of labour law.
Constitution of Russia, constitutions of Russia, subjects and others
Laws of Russia, laws of Russian subjects;
other normative legal acts of Russia, subjects of Russia and others

Structure of Labour Code of Russia includes:
Parts - 6
Sections - 14
Chapters – 62
Articles – 424
(actually more)

LL sources (art. 5 Labour Code Russia)
labour
legislation
NLA, with
LL norms

Labour legislation
(art. 5 Labour Code Russia)
Federal constitutional laws, federal laws, laws of Russia, in unconstitutional part, Labour code of Russia – also include laws of USSR, RSFSR, laws of subjects of Russia.
58-60 conventions WLO are ratified in Russia;
Russia entered in European Council in 1996, decisions of European Court are obligatory for Russia since 1998;
CIS with participation of Russia more than 100 model laws are accepted.
Labour Code of Russia (below LC RF) was accepted in 2001, joined into force since February 1 2002, LC RF consists of 6 parts, 14 sections, 424 articles (actually more).

NLA, with norms of LL
(art. 5 LC RF)
Acts of federal level (Decrees of Russian President, resolutions of the Russian Government and others)
collective
contracts
local
normative acts
agreements
Acts of Russian subjects (Decrees of the President of Udmurt Republic, resolutions of the Government of Udmurt Republic and others)
Judiciary law, labour contract, custom
Acts of local authorities

Additional
benefits and garantees
«Differentiation» – division of whole for
independent parts. (Dubrovsky N., 1907) Unity of LL expresses in norms of general activity
of united general working conditions for all employees, equal basic employment laws and responsibilities.
Differentiation in LL connected with standard-settings of special activity, accommodated by
general law establishments to working conditions or
Labour relations subjects (Begichev B.K., 1985)
Set increased
responsibility
Provided
caption from general norms
Adapted to general
norms working conditions

Criteria of differentiation of labour law sources
In Russia:
activity category
(teachers, medicine)
legislative
judiciary bases
(facts) (election,
imposition, competition)
subject of labour
relations
(woman, foreigner,
outworker)
territory
(Far North)
working conditions
(hard, dangerous)

Differentiation in LL – differentiation of legal
norms at the base of juridically important factors in purpose
of concretization of general cases of labour legislation
to separate categories of employees.
( Skachkova G.S., 2003)
Objective factors of differentiation: federative system; natural-climatic, geographical working conditions; location, ownership patterns of employer’s property; severity and hazard of working conditions; qualification, citizenship of employee and others.
Subject differentiation: physiological peculiarities of
women organism; age, health condition,
marital status of employee; apprenticeship and others

Local normative acts - are acts, which contains
norms of LL, accepted by employer
(excluding employers – individual persons,
who are not individual entrepreneur)
Within the limits of its competence according to
labour legislation and other NLA,
consisting norms of LL, collective contracts,
agreement (art. 8 LC RF)
Local normative acts:
Elaborate
general norms LL
Should not contradict to
norms LL
Participate in relation to
employees of present employer
Meet lacks of
norms LL

Types of local normative acts:
Interchangeability
diagram (art. 103 LC RF)
About labour remuneration,
system of awards
(articles 135, 143, 144 LC RF)
Holiday diagrams
(art. 123 LC RF)
Rules of working routine
(articles 189-190 LC RF)
Labour protection order
(art. 212 LC RF)

In creation way local normative acts are
devided (Khnykin G.V., 2004):
Initial
Predicated by
group
authorities juridical
person
Taking into account
representative
authorities of employee
Conciliatory-
-contractual
Mutual
Since 2006 – taking into account opinion of elected body
primary trade union organization (art. 372 LC RF)

Judicial practice in Russia
LL source:
not accepted
accepted
Judicial practice – is based, united opinion
of courts about applicable law norms, showed up
in united business dispatch of definite
categorie (Bezina A.K., 1989)
Wide meaning
Narrow meaning

Judiciary law in source system of
labour law : FOR and AGAINST
It is considered, that activity is:
of all courts, produced
«law cases»,
Constitutional Court of
Russia and Supreme Court of Russia;
Acts of higher jurisdiction authorities of Federation and
subjects made «behaviour model».
Attention is paid for:
courts are appealed to apply, but not to administer law;
Court decision in concrete labour dispute
– is an act of conciliation,
but not a law source.

Mavrin S.P., Grebenshchikov A.V. (2007):
Cases of resolutions of Plenary Session Supreme Soviet Russia consist original and not dubbed statements in law.
Courts have the right:
2) check normative acts and declare them invalid
(art. 46 Constitution of Russia);
3) direct application of Constitution of Russia.
Functions of LL sources practically execute:
generalization of judiciary law
Decisions of court inferiors,
which are published in «Bulletin of Supreme
Court of Russia»
Decision of Supreme Court
in concrete cases

Literature:
Bezina A.K. Judiciary law in mechanism of law regulation in
labour relations. Kazan, 1989.
2. Labour law in Russia: tutorial /In edition S.P. Mavrin,
E.B. Khohlov. М., 2007.
3. Kuzmenko A.V. Subject of labour law in Russia: experience of
system-juridical research. Saint-Petersburg, 2005.
4. Soviet labour law: tutorial /In edition B.K. Begichev, A.D.
Zaikin, М., 1985.
5. Course of Russian labour law. In 3 v. V. 1: General part /
In edition E.B. Khohlov. Saint-Petersburg, 1996.
6. Molodcov M.V., Golovina S.Y. Labour law of Russia: Tutorial
for higher institutions. М., 2003.