Disputes about violation of labor protection rules. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Disputes about violation of labor protection rules. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

All disputes about infringement of rights, including violation of labor protection rulesare divided into individual and collective.

individual dispute - this is an unresolved disagreement between the employer and the employee on the application of labor laws.

Collective labor dispute - unresolved disagreement between employees and the employer regarding the establishment and change of working conditions.

Disputes about violation of labor protection rules can be both individual and collective. In any case, the way to resolve them is the same. Thus, if the employer and the employee fail to resolve the dispute that has arisen about the violation of labor protection rules through negotiations, then the employee must act as follows. First, he needs to contact the representative office of the Federal Labor Inspectorate, located in his place of residence. Since this state body is authorized to exercise control and supervision over compliance with labor protection legislation, it is obliged to consider the employee's application and take appropriate measures. The inspector of the federal labor inspectorate checks the stated facts and, based on its results, issues an order to eliminate violations. If the employer does not comply with the order, the inspector takes measures to bring him to administrative responsibility.

If the employee does not agree with the conclusions of the labor inspectorate, then he has to appeal such a decision to the court at the place of residence.

Recently, employers are trying to pay more attention to compliance with the rules of labor protection in the workplace so that there are as few conflict situations as possible.

The current Labor Code of the Russian Federation for the first time introduced into the legislation general norms on the right of workers to self-defense. So, in accordance with Art. 379 of the Labor Code of the Russian Federation, in order to protect labor rights, an employee may refuse to perform work that directly threatens his life and health. The right of an employee to refuse to perform work in the event of a danger to his life and health due to violation of labor protection requirements until such danger is eliminated is provided for in Art. 129 of the Labor Code of the Russian Federation. Also, the employer does not have the right to demand from the employee the performance of labor duties in case of failure to provide the employee with personal and collective protective equipment in accordance with established standards.

Author: Bobkova O.V.

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