Guarantees of the worker's right to labor protection. Prohibition of forced labor. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Guarantees of the worker's right to labor protection. Prohibition of forced labor. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

In accordance with Art. 37 of the Constitution of the Russian Federation, every citizen has the right to work in conditions that meet the requirements of safety and hygiene. Previously, this right was specified in Article 8 of the Federal Law of July 17, 1999 "On the Fundamentals of Labor Protection in the Russian Federation", which has lost its effect. Currently, the right of a citizen to work in conditions that meet the requirements of safety and hygiene is specified in the Labor Code of the Russian Federation and other legislative acts. Content of the concept "occupational Safety and Health" given in Article 209 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

Article 37 of the Constitution of the Russian Federation prohibits forced labor. The Labor Code of the Russian Federation singles out the prohibition of forced labor in a separate article, emphasizing its fundamental role in regulating labor relations. Article 4 of the Labor Code of the Russian Federation not only prohibits forced labor, but also reveals this concept. The provisions contained in Article 4 of the Labor Code of the Russian Federation fully comply with international legal acts, including the International Covenant on Civil and Political Rights (1966), ILO Convention No. 29 "On Forced or Compulsory Labor" (1930 .) and No. 105 "On the abolition of forced labor" (1957).

However, the legislator has established types of work that do not relate to forced labor. First of all, work whose performance is conditioned by the legislation on military duty and military service or alternative civil service replacing it cannot be considered as forced labor. It is not forced labor to work performed in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or its population. parts. Similarly, the issue of the performance of work in a state of emergency and martial law is resolved.

Such work is not considered forced labor in accordance with the Federal Constitutional Law of May 30, 2001 No. 3-FKZ. Forced labor does not include work performed as a result of a court sentence that has entered into legal force under the supervision of state bodies responsible for compliance with the law in the execution of court sentences.

Author: Bobkova O.V.

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