Application of local regulations containing labor law norms. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
Free library / Occupational Safety and Health

Application of local regulations containing labor law norms. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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.

The employer has the right to adopt local regulations, for example, instructions on labor protection and others containing labor law norms, within its competence in accordance with labor legislation and other regulatory legal acts, a collective agreement, agreements.

In cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, the employer, when adopting local regulations, takes into account the opinion of the representative body of employees (if such a representative body exists).

The collective agreement, agreements may provide for the adoption by the employer of local regulations in agreement with the representative body of employees.

The norms of local regulations that worsen the position of employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, as well as local regulations adopted without observing the procedure established by Article 372 of the Labor Code of the Russian Federation for taking into account the opinion of a representative body of employees are not subject to application. In such cases, labor legislation and other normative legal acts containing labor law norms, a collective agreement, agreements are applied. Local regulatory acts of the employer are developed on the basis of all existing regulatory documents, and for the ore protection sector - on the basis of state regulatory requirements for labor protection.

The labor protection requirements contained in the local regulations of the employer are mandatory for all employees of this employer and other persons who are at the workplace, on the industrial site or in the territory under the control of the employer.

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

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