Fundamentals of the adoption and application of state regulatory requirements for labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
Free library / Occupational Safety and Health

Fundamentals of the adoption and application of state regulatory requirements for labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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State regulatory requirements for labor protection - the most important concept for modern practice, because working conditions must be brought into line with them, because in accordance with them the employer must carry out work on labor protection, because compliance with them is assessed by the state labor examination, because state supervision and control is carried out over their observance and etc. This concept, which appeared not so long ago, has become so important that the legislator in the new edition of the Labor Code of the Russian Federation considered it necessary to distinguish them from labor protection requirements and distinguish from labor protection requirements established by the rules and instructions for labor protection.

The legislator did not give a detailed and comprehensive definition of the concept "state regulatory requirements for labor protection, but determined that the state regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation, laws and regulatory legal acts of the constituent entities of the Russian Federation, establish rules, procedures and criteria, aimed at preserving the life and health of workers in the process of labor activity.

Let us note that the generally recognized principles and norms of international law and international treaties of the Russian Federation, in accordance with the Constitution of the Russian Federation, are an integral part of the legal system of the Russian Federation. Therefore (Article 10 of the Labor Code of the Russian Federation), if an international treaty of the Russian Federation establishes other rules than those provided for by labor legislation and acts containing labor law norms, then the rules of the international treaty apply. This means that the state regulatory requirements for labor protection may be contained in them.

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

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