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История государства и права России. Кодекс законов о труде 1918 г (самое важное)

Lecture notes, cheat sheets

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71. Labor Code 1918

The first Labor Code of the Soviet state was adopted in December 1918. Its draft was developed by the People's Commissariat of Labor and the All-Union Central Council of Trade Unions.

The structure of the Labor Code included 137 articles, combined into Sections:

1) on labor service;

2) on the right to use labor;

3) on the procedure for providing labor;

4) on preliminary testing;

5) on the transfer and dismissal of workers;

6) on remuneration for work;

7) about working time;

8) on ensuring proper labor productivity;

9) on labor protection.

Applications to the Labor Code:

1) rules on the procedure for establishing work capacity;

2) on the issuance of benefits to workers during illness;

3) about the unemployed and the issuance of benefits to them;

4) about work books;

5) about weekly rest and public holidays.

The Labor Code applied to the entire range of persons working for remuneration and for hire in state, cooperative or private farms.

Basic provisions of the Labor Code:

1) labor standards: working hours (normal working time - 8 hours; reduced time when working at night; breaks in work; weekly rest; holidays; annual leave - 1 month), working conditions (normal; during overtime work );

2) regulation of rest: holidays, days off;

3) benefits for teenagers and women.

The regulation of work and rest, as well as control over the implementation of labor legislation by employers, was carried out by trade unions and inspections of the People's Commissariat of Labor.

Compulsory labor service was established for all citizens from 16 to 58 years old. Failure to fulfill this duty was punishable.

Forms of performance of labor service.

1. Branch natural duties. Persons who own the equipment, transport, and other technical means necessary for work were involved in their execution:

1) natural firewood duty;

2) labor service for procurement;

3) duty to load and unload fuel;

4) horse-drawn duty.

2. Labor mobilizations. All employees of the relevant sector of the economy in the territory of a certain area were involved in them:

1) mining specialists;

2) workers in the metal industry;

3) medical and sanitary workers, etc.

3. Militarization of enterprises and institutions (equating their workers with military personnel).

Labor duties corresponded to the "right to use labor in one's specialty", which was of a promising nature, while in the conditions of the establishment of Soviet power, everyone was obliged to work, regardless of the possibility of using their forces in one or another specific area of ​​\uXNUMXb\uXNUMXbwork.

The Labor Code fixed the special role of trade unions: they had the right to decide on the issues of hiring citizens, their dismissal and the amount and form of remuneration.

Powers of trade unions (according to the Labor Code):

1) development of tariffs and tariff regulations (but they were approved by the People's Commissariat of Labor);

2) development of collective agreements by agreement with the employer or independently.

In addition to the Labor Code, labor relations were regulated by the "General Normal Tariff Regulations" of May 2, 1919 and the "General Tariff Regulations" of June 17, 1920.

These provisions regulated the amount of wages, as well as working hours and rest periods; admission and dismissal; guarantees and compensation.

Authors: Dudkina L.V., Shcherbakova O.V.

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