Basic concepts of labor law. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Basic concepts of labor law. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

The main provisions and norms of labor law in the Russian Federation are established by the Constitution of the Russian Federation, the Labor Code of the Russian Federation, other regulatory legal acts of the Russian Federation and the constituent entities of the Russian Federation.

Note that until the adoption of the relevant legislative acts throughout the Russian Federation, the norms of the former USSR are applied to the extent that they do not contradict the Constitution and legislation of the Russian Federation, as well as international agreements (treaties) with the participation of the Russian Federation.

In any civil law society, labor protection is managed within the framework and on the basis of the current legislation. Since the right to safe working conditions, along with the right to work and the right to decent pay, is an essential element of labor relations, the legal basis for managing labor protection should be sought in labor legislation.

In the Constitution of the Russian Federation (Article 37) it is said:

"1. Labor is free. Everyone has the right to freely dispose of his abilities for work, to choose the type of activity and profession.

2. Forced labor is prohibited.

3. Everyone has the right to work in conditions meeting the requirements of safety and hygiene, to remuneration for work without any discrimination and not below the minimum wage established by federal law, and the right to protection against unemployment.

4. The right to individual and collective labor disputes is recognized with the use of the methods established by federal law for their resolution, including the right to strike.

5. Everyone has the right to rest. A person working under an employment contract is guaranteed the length of working time established by federal law, weekends and holidays, and paid annual leave.

The above article of the Constitution consolidates the initial provisions underlying the legal regulation of labor in our country. Based on the generally recognized principles and norms of international law, and in accordance with the Constitution of the Russian Federation, the basic principles of legal regulation of labor relations, including labor protection, are recognized:

1) the right of every employee to working conditions that meet the requirements of safety and hygiene;

2) the right of every employee to vocational training, retraining and advanced training;

3) ensuring the right of workers and employers to associate to protect their rights and interests, including the right of workers to form and join trade unions;

4) the establishment of state guarantees to ensure the rights of workers and employers, the implementation of state supervision and control over their observance;

5) ensuring the right of representatives of trade unions to exercise trade union control over compliance with labor legislation and other acts containing labor law norms;

6) the obligation to compensate for harm caused to the employee in connection with the performance of his labor duties;

7) ensuring the right to compulsory social insurance of employees;

8) ensuring the right of everyone to protection by the state of his labor rights and freedoms, including in court.

The considered constitutional norms are concretized in legislative and other normative acts.

Regulation of labor relations and other relations directly related to them is carried out by: 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 labor law norms; other regulatory legal acts, containing labor law norms:

1) decrees of the President of the Russian Federation;

2) resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies;

3) normative legal acts of the executive authorities of the constituent entities of the Russian Federation;

4) normative legal acts of local self-government bodies.

Labor relations and other directly related relations are also regulated by collective agreements, agreements and local regulations containing labor law norms.

The main role in the legal support of the organization of labor protection management at the corporate level is played by the Labor Code of the Russian Federation, the Federal Laws "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases", "On Industrial Safety of Hazardous Production Facilities", "On Sanitary and Epidemiological Welfare Population", "On the Russian tripartite commission for the regulation of social and labor relations" and a number of other laws affecting the issues of labor protection, health and the environment, safety of production activities.

Since in the field of labor relations the dominant legal position belongs to the Labor Code of the Russian Federation, it has been established that the norms of labor law contained in other federal laws should not contradict the Labor Code of the Russian Federation. If there is such a contradiction, then the norms of the Labor Code of the Russian Federation apply.

In turn, decrees of the President of the Russian Federation containing labor law norms must not contradict the Labor Code of the Russian Federation and other federal laws, resolutions of the Government of the Russian Federation containing labor law norms must not contradict the Labor Code of the Russian Federation, other federal laws and decrees of the President of the Russian Federation and normative legal acts of federal executive bodies containing labor law norms must not contradict the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

Laws and other regulatory legal acts of the constituent entities of the Russian Federation containing labor law norms must not contradict the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation and regulatory legal acts of federal executive bodies.

Acts of local self-government bodies containing labor law norms must not contradict the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, regulatory legal acts of federal executive authorities, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Local regulations of the employer, containing labor law norms, should not contradict the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, regulatory legal acts of federal executive authorities, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Employers, with the exception of employers - individuals who are not individual entrepreneurs, may adopt local regulations containing labor law norms, within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements.

We emphasize that the local regulations of the employer in the field of labor protection are the direct legal basis for the management of labor protection at the level of the employer (at the corporate level).

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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