of December 30, 2001 No. 197-FZ
Accepted by the State Duma of the Russian Federation on December 21, 2001
Approved by Council of the Russian Federation on December 26, 2001
The purposes of the labor law are establishment of the state guarantees of labor rights and freedoms of citizens, work creating favorable conditions, protection of the rights and interests of workers and employers.
The main objectives of the labor law are creation of necessary legal conditions for achievement of optimum coordination of interests of the parties of employment relationships, interests of the state, and also legal regulation of employment relationships and other directly related relations on:
to labor organization and management of work;
to employment at this employer;
to preparation and additional professional education of workers directly at this employer;
to social partnership, conducting collective bargainings, conclusion of collective agreements and agreements;
to participation of workers and labor unions in establishment of working conditions and application of the labor law in the cases provided by the law;
financial responsibility of employers and workers in the sphere of work;
to the state control (supervision), trade-union control of observance of the labor law (including the legislation on labor protection) and other regulatory legal acts containing regulations of labor right;
to permission of employment disputes;
to compulsory social insurance in the cases provided by the Federal Laws.
Proceeding from the conventional principles and rules of international law and according to the Constitution of the Russian Federation the basic principles of legal regulation of employment relationships and other directly related relations are recognized:
freedom of work, including right to work which everyone freely chooses or to which freely agrees, the right to dispose of the capabilities to work, to choose profession and kind of activity;
prohibition of forced labor and employment discrimination;
protection against unemployment and assistance in employment;
providing the right of each worker to fair working conditions, including on the working conditions meeting safety requirements and hygiene, right to rest including restriction of working hours, provision of daily rest, output and non-working holidays, paid annual leave;
equal rights and opportunities of workers;
providing the right of each worker on timely and in complete size payment of the fair wage providing worthy existence of the person for him and his families, and not below the minimum wage established by the Federal Law;
ensuring equal opportunities of workers without any discrimination on promotion on work taking into account labor productivity, qualification and length of service in the specialty, and also on preparation and additional professional education;
providing the right of workers and employers to consolidation for protection of the rights and interests, including the right of workers to create labor unions and to enter them, the right of employers to create merging of employers and to enter them;
providing the right of workers to participation in management of the organization in the forms provided by the law;
combination of the state and contractual regulation of employment relationships and other directly related relations;
the social partnership including the participation right of workers, employers, their associations in contractual regulation of employment relationships and other directly related relations;
obligation of the indemnification caused to the worker in connection with execution of labor obligations by it;
establishment of the state guarantees on providing the rights of workers and employers, implementation of the state control (supervision) of their observance;
providing the right of everyone to protection by the state of its labor rights and freedoms, including judicial protection;
providing the right to permission of individual and collective employment disputes, and also the rights to strike according to the procedure, established by this Code and other Federal Laws;
obligation of the Parties of the employment contract to comply with conditions of the signed agreement, including the right of the employer to demand from workers of execution by them of labor obligations and careful attitude to property of the employer and the right of workers to demand from the employer of observance of its obligations in relation to workers, the labor law and other acts containing regulations of labor right;
providing the right of trade union representatives to exercise trade-union control of observance of the labor law and other acts containing regulations of labor right;
providing the right of workers to protection of the advantage in the period of labor activity;
providing right to compulsory social insurance of workers.
Everyone has equal opportunities for realization of the labor rights.
Nobody can be limited in labor rights and freedoms or to get any advantages depending on floor, races, skin colors, nationalities, language, origin, property, marital, social and official capacity, age, the residence, the relation to religion, beliefs, accessory or not belonging to public associations or any social groups, and also from other circumstances which are not connected with business qualities of the worker.
Establishment of distinctions, exceptions, preferences, and also restriction of the rights of workers which are determined by the requirements peculiar to this type of work established by the Federal Law are not discrimination or are caused by special care of the state of persons needing the raised social and legal protection or assistance in priority procedure to employment of citizens of the Russian Federation and for the purpose of the solution of other tasks of domestic and foreign policy of the state are established by this Code or in cases and according to the procedure which are provided by it, for the purpose of ensuring national security, maintenance of optimum balance of manpower.
Persons considering that they underwent to employment discrimination had the right to take a legal action with the statement for recovery of the violated rights, compensation of material harm and compensation of moral harm.
Forced labor is forbidden.
Forced labor - performance of work under the threat of application of any punishment (violent impact), including:
for the purpose of maintenance of labor discipline;
as measure of responsibility for participation in strike;
as means of mobilization and use of labor power for needs of economic development;
as punishment measure for availability or expression of the political views or ideological beliefs opposite to the installed political, social or economic system;
as measure of discrimination on signs of racial, social, national or religious affiliation.
Work which the worker is forced to carry out under the threat of application of any punishment (violent impact) while according to this Code or other Federal Laws he has the right to refuse its accomplishment, including in connection with also belongs to forced labor:
violation of fixed terms of salary payment or its payment not in complete size;
emergence of direct threat for life and health of the worker owing to violation of requirements of labor protection, in particular failure to provide its means of collective or individual protection according to the established regulations.
For the purposes of of this Code forced labor does not include:
work which accomplishment is caused by the legislation on conscription and military service or the alternative civil service replacing it;
work which accomplishment is caused by introduction of emergency or warlike situation according to the procedure, established by the Federal constitutional Laws;
the work performed in the conditions of force majeure that is in case of disaster or threat of disaster (the fires, floods, hunger, earthquakes, epidemics or epizooty) and in other cases threatening life or normal vital conditions of all population or its part;
the work performed owing to the court verdict which took legal effect under the supervision of the state bodies responsible for compliance with law in case of execution of adjudications.
Regulation of employment relationships and other directly related relations according to the Constitution of the Russian Federation, the Federal constitutional Laws is performed:
the labor law (including the legislation on labor protection) consisting of of this Code, other Federal Laws and the laws of the subjects of the Russian Federation containing regulations of labor right;
other regulatory legal acts containing regulations of labor right:
presidential decrees of the Russian Federation;
orders of the Government of the Russian Federation and regulatory legal acts of federal executive bodies;
regulatory legal acts of executive bodies of subjects of the Russian Federation;
regulatory legal acts of local government bodies.
Employment relationships and other directly related relations are governed by also collective agreements, agreements and local regulations containing regulations of labor right.
The regulations of labor right containing in other Federal Laws shall correspond to this Code.
In case of contradictions between this Code and other Federal Law containing regulations of labor right this Code is applied.
If again adopted Federal Law containing regulations of labor right contradicts this Code, then this Federal Law is applied on condition of entering of corresponding changes into this Code.
Introduction of amendments to this Code, and also suspension of action of its provisions or recognition of such provisions invalid is performed by the separate Federal Laws. The provisions providing introduction of amendments to this Code, suspension of action of its provisions or recognition of such provisions invalid cannot be included in texts of the Federal Laws changing other legal acts of the Russian Federation, stopping their action either recognizing their invalid or containing independent subject of legal regulation.
The presidential decrees of the Russian Federation containing regulations of labor right shall not contradict this Code and other Federal Laws.
The orders of the Government of the Russian Federation containing regulations of labor right shall not contradict this Code, other Federal Laws and presidential decrees of the Russian Federation.
The regulatory legal acts of federal executive bodies containing regulations of labor right shall not contradict this Code, other Federal Laws, presidential decrees of the Russian Federation and orders of the Government of the Russian Federation.
The laws of subjects of the Russian Federation containing regulations of labor right shall not contradict this Code and other Federal Laws. Regulatory legal acts of executive bodies of subjects of the Russian Federation shall not contradict this Code, other Federal Laws, presidential decrees of the Russian Federation, orders of the Government of the Russian Federation and regulatory legal acts of federal executive bodies.
Local government bodies have the right to adopt the regulatory legal acts containing regulations of labor right within the competence according to this Code, other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation.
Acceptance obligatory for application in all territory of the Russian Federation of the Federal Laws and other regulatory legal acts establishing belongs to maintaining federal bodies of the government in the sphere of employment relationships and other directly related relations:
the main directions of state policy in the sphere of employment relationships and other directly related relations;
bases of legal regulation of employment relationships and other directly related relations (including determination of the rules, procedures, criteria and standard rates directed to preserving life and health of workers in the course of labor activity);
the level of labor rights, freedoms and guarantees to workers provided with the state (including additional guarantees to separate employee categories);
procedure for the conclusion, change and termination of employment contracts;
bases of social partnership, procedure for conducting collective bargainings, conclusions and changes of collective agreements and agreements;
procedure for permission of individual and collective employment disputes;
procedure of federal state control (supervision) of observance of the labor law and other regulatory legal acts containing regulations of labor right;
procedure for investigation of labor accidents and occupational diseases;
system and procedure for carrying out special assessment of working conditions and state examination of working conditions, organization of quality control of carrying out special assessment of working conditions;
procedure and conditions of financial responsibility of the parties of the employment contract, including procedure for indemnification of life and to health of the worker caused to it in connection with execution of labor obligations by it;
types of authority punishments and procedure for their application;
system of the state statistical reporting under questions of work and labor protection;
features of legal regulation of work of separate employee categories.
Public authorities of subjects of the Russian Federation adopt the laws and other regulatory legal acts containing regulations of labor right on the questions which are not carried to maintaining federal bodies of the government. At the same time higher level of labor rights and guarantees to workers in comparison with established by the Federal Laws and other regulatory legal acts of the Russian Federation, leading to increase in budgeted expenses or reduction of budget incomes, is provided for the budget account of appropriate subject of the Russian Federation.
Public authorities of subjects of the Russian Federation on the questions which are not settled by the Federal Laws and other regulatory legal acts of the Russian Federation can adopt the laws and other regulatory legal acts containing regulations of labor right. In case of adoption of the Federal Law or other regulatory legal act of the Russian Federation on these questions the law or other regulatory legal act of the subject of the Russian Federation is brought into accord with the Federal Law or other regulatory legal act of the Russian Federation.
In cases if the law or other regulatory legal act of the subject of the Russian Federation containing regulations of labor right contradicts this Code or other Federal Laws or reduces the level of labor rights and guarantees to workers established by this Code or other Federal Laws this Code or other Federal Law is applied.
The powers of federal executive bodies in the sphere of employment relationships and other directly related relations provided by this Code can be transferred for implementation to executive bodies of subjects of the Russian Federation by orders of the Government of the Russian Federation according to the procedure, established by the Federal Law.
Voided according to the Federal Law of the Russian Federation of June 30, 2006 No. 90-FZ
Employers, except for employers - the physical persons who are not individual entrepreneurs adopt the local regulations containing regulations of labor right (further - local regulations), within the competence according to the labor law and other regulatory legal acts containing regulations of labor right, collective agreements, agreements.
In the cases provided by this Code, other Federal Laws and other regulatory legal acts of the Russian Federation, the collective agreement, agreements, the employer in case of adoption of local regulations considers opinion of representative body of workers (in the presence of such representative body).
By the collective agreement, agreements adoption of local regulations in coordination with representative body of workers can be provided.
The regulations of local regulations worsening situation of workers in comparison with the established labor law and other regulatory legal acts containing regulations of labor right, the collective agreement, agreements and also the local regulations adopted without observance stipulated in Clause 372 of this Code of accounting treatment for opinion of representative body of workers are not subject to application. In such cases the labor law and other regulatory legal acts containing regulations of labor right, the collective agreement, agreements are applied.
According to the labor law regulation of employment relationships and other directly related relations can be performed by the conclusion, change, amendment by workers and employers of collective agreements, agreements, employment contracts.
Collective agreements, agreements, employment contracts do not may contain the conditions limiting the rights or reducing the level of guarantees of workers in comparison with established by the labor law and other regulatory legal acts containing regulations of labor right.
If such conditions are included in the collective agreement, the agreement or the employment contract, then they are not subject to application.
The conventional principles and rules of international law and the international agreements of the Russian Federation according to the Constitution of the Russian Federation are component of system of law of the Russian Federation.
If the international treaty of the Russian Federation establishes other rules, than the provided labor law and other acts containing regulations of labor right apply rules of the international treaty.
Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
The labor law and other acts containing regulations of labor right govern employment relationships and other directly related relations.
The labor law and other acts containing regulations of labor right are also applied to other relations connected with use of personal labor if it is provided by this Code or other Federal Law.
All employers (physical persons and legal entities irrespective of their forms of business and patterns of ownership) in employment relationships and other directly related relations with workers shall be guided by provisions of the labor law and other acts containing regulations of labor right.
If the relations connected with use of personal labor arose based on the civil agreement, but subsequently according to the procedure, established by this Code, other Federal Laws, were recognized as employment relationships, provisions of the labor law and other acts containing regulations of labor right are applied to such relations.
In the territory of the Russian Federation the rules established by the labor law and other acts containing regulations of labor right extend to employment relationships with participation of the foreign citizens, stateless persons, the organizations created or founded by foreign citizens, stateless persons or with their participation, the international organizations and foreign legal entities if other is not provided by this Code, other Federal Laws or the international treaty of the Russian Federation.
Features of legal regulation of work of separate employee categories (heads of the organizations, persons working part-time, women, persons with family obligations, youth and others) are established according to this Code.
Action of the labor law and other acts containing regulations of labor right extends to government employees and local government officers with the features provided by the Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation on public service and municipal service.
The labor law and other acts containing regulations of labor right do not extend to the following persons (if in the procedure established by this Code they at the same time do not act as employers or their representatives):
military personnel in case of execution of obligations of military service by them;
members of the boards of directors (supervisory boards) of the organizations (except for persons which signed the employment contract with this organization);
persons working at the basis of agreements of civil nature;
other persons, if it is established by the Federal Law.
The law or other regulatory legal act containing regulations of labor right becomes effective from the date of, specified in this law or other regulatory legal act or in the law or other regulatory legal act determining procedure for enforcement of the act of this type.
The law or other regulatory legal act containing regulations of labor right or their separate provisions stop the action in connection with:
expiration;
entry into force of other act of equal or highest legal force;
cancellation (recognition voided) this act or its separate provisions the act of equal or highest legal force.
The law or other regulatory legal act containing regulations of labor right has no retroactive force and is applied to the relations which arose after its introduction in action.
Operation of the law or other regulatory legal act containing regulations of labor right extends to the relations which arose before its introduction in action only in the cases which are directly provided by this act.
In the relations which arose before enforcement of the law or other regulatory legal act containing regulations of labor right, the specified law or the act is applied to the rights and obligations which arose after its introduction in action.
Action of the collective agreement, agreement in time is determined by their parties according to this Code.
The local regulation becomes effective from the date of its acceptance by the employer or from the date of, specified in this local regulation, and is applied to the relations which arose after its introduction in action. In the relations which arose before enforcement of the local regulation, the specified act is applied to the rights and obligations which arose after its introduction in action.
The local regulation or its separate provisions stop the action in connection with:
expiration;
cancellation (recognition voided) this local regulation or its separate provisions other local regulation;
entry into force of the law or other regulatory legal act containing regulations of labor right, the collective agreement, the agreement (in case the specified acts establish higher level of guarantees to workers in comparison with the established local regulation).
The Federal Laws and other regulatory legal acts of the Russian Federation containing regulations of labor right act on all territory of the Russian Federation if other is not provided in these laws and other regulatory legal acts.
The laws and other regulatory legal acts of subjects of the Russian Federation containing regulations of labor right are effective within the territory of appropriate subject of the Russian Federation.
The regulatory legal acts of local government bodies containing regulations of labor right are effective within the territory of the respective municipality.
The local regulations adopted by the employer are effective concerning employees of this employer irrespective of the place of accomplishment of work by them.
The current of terms with which this Code connects emergence of labor rights and obligations begins with calendar date which determines the beginning of emergence of the specified rights and obligations.
The current of terms with which this Code connects the termination of labor rights and obligations begins next day after calendar date which determines the termination of employment relationships.
The terms estimated for years, months, weeks expire in the corresponding number of the last year, month or week of term. In time, estimated in calendar weeks or days, also non-working days join.
If the last day of term falls on non-working day, then the next working day following it is considered day of the termination of term.
Employment relationships - the relations based on the agreement between the worker and the employer on personal accomplishment by the worker for a fee of labor function (work on position according to the staff list, professions, specialties with indication of qualification; specific type of the work charged to the worker) in interests, under management and control of the employer, subordination of the worker to employment policies and procedures when providing with the employer the working conditions provided by the labor law and other regulatory legal acts containing regulations of labor right, the collective agreement, agreements, local regulations, the employment contract.
The conclusion of the civil agreements which are actually governing employment relationships between the worker and the employer is not allowed.
Employment relationships arise between the worker and the employer based on the employment contract signed by them according to this Code.
In cases and procedure which are established by the labor law and other regulatory legal acts containing regulations of labor right or the charter (provision) of the organization employment relationships arise based on the employment contract as a result:
elections to position;
elections on tender on replacement of the corresponding position;
position assignments or approvals in position;
job placements the bodies authorized according to the Federal Law on account of the established quota;
judgment on execution of an employment agreement.
recognitions of the relations connected with use of personal labor and which arose based on the civil agreement, employment relationships.
Employment relationships between the worker and the employer arise also based on the actual assumption of the worker to work from permission or at the request of the employer or his representative on it the representative in case the employment contract was not drawn properly up.
The actual assumption of the worker to work without permission or the order of the employer or his representative on it the representative is forbidden.
Employment relationships based on the employment contract as a result of election to position arise if election to position assumes accomplishment by the worker of certain labor function.
Employment relationships based on the employment contract as a result of election on tender on replacement of the corresponding position arise if the labor law and other regulatory legal acts containing regulations of labor right, or the charter (provision) of the organization determine the list of the positions which are subject to replacement on tender and procedure for competitive election to these positions.
Employment relationships arise based on the employment contract as a result of position assignment or approval in position in the cases provided by the labor law and other regulatory legal acts containing regulations of labor right or the charter (provision) of the organization.
Recognition of the relations which arose based on the civil agreement employment relationships can be performed:
the person using personal labor and being the customer under the specified agreement based on the written application of the physical person who is the contractor under the specified agreement and (or) the instruction of the state inspector of work which is not appealed in court in accordance with the established procedure about elimination of violation of part two of article 15 of this Code;
court if the physical person who is the contractor under the specified agreement appealed directly to court, or on materials (documents) directed by the State Labour Inspection, other bodies and persons having powers necessary for this purpose according to the Federal Laws.
In case of the termination of the relations connected with use of personal labor and which arose based on the civil agreement recognition of these relations employment relationships is performed by court. The physical person who was the contractor under the specified agreement having the right to take a legal action behind recognition of these relations employment relationships according to the procedure and in terms which are provided for consideration of individual employment disputes.
Ineradicable doubts by consideration by court of disputes on recognition of the relations which arose based on the civil agreement, are interpreted by employment relationships for benefit of availability of employment relationships.
If the relations connected with use of personal labor arose based on the civil agreement, but subsequently according to the procedure, established by parts one - third this Article, were recognized as employment relationships, such employment relationships between the worker and the employer are considered arisen from the date of the actual assumption of the physical person who is the contractor under the specified agreement, to execution provided by the specified agreement of obligations.
The parties of employment relationships are the worker and the employer.
The worker - the physical person who entered employment relationships with the employer.
If other is not provided by the Code, other Federal Laws, have the right to enter employment relationships as workers persons which reached age of sixteen years, and in cases and procedure which are established by this Code, - also persons which did not reach the specified age.
The employer - the physical person or the legal entity (organization) who entered employment relationships with the worker. In the cases provided by the Federal Laws other subject given the right to sign employment contracts can act as the employer.
For the purposes of of this Code employers - physical persons are recognized:
the physical persons registered in accordance with the established procedure as individual entrepreneurs and performing business activity without formation of legal entity, and also private notaries, lawyers, the founded lawyer offices, and other persons, whose professional activity according to the Federal Laws is subject to state registration and (or) licensing, entered employment relationships with workers for the purpose of implementation of the specified activities (further - employers - individual entrepreneurs). The physical persons which are performing in defiance of requirements of the Federal Laws the specified activities without state registration and (or) licensing, who entered employment relationships with workers for the purpose of implementation of these activities are not exempted from fulfillment of duties, assigned by this Code to employers - individual entrepreneurs;
the physical persons entering employment relationships with workers for the purpose of personal servicing and the help with housekeeping (further - employers - the physical persons who are not individual entrepreneurs).
The rights and obligations of the employer in employment relationships are performed: the physical person which is the employer; governing bodies of the legal entity (organization) or the persons authorized by them, other persons authorized on it according to the Federal Law, according to the procedure, established by this Code, other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of the legal entity (organization) and local regulations.
Have the right to sign employment contracts as employers the physical persons which reached age of eighteen years on condition of availability at them civil capacity to act in full, and also the faces which did not reach the specified age - from the date of acquisition of civil capacity to act by them in full.
The physical persons having the independent income, which reached age of eighteen years, but limited by court in capacity to act, have the right from written consent of custodians to sign employment contracts with workers for the purpose of personal servicing and the help with housekeeping.
On behalf of the physical persons having the independent income, which reached age of eighteen years, but recognized by court incapacitated, their guardians employment contracts can be signed with workers for the purpose of personal servicing of these physical persons and the help by it on housekeeping.
Minors aged from fourteen up to eighteen years, except for the minors which acquired civil capacity to act in full can sign employment contracts with workers in the presence of own earnings, grant, other income and from written consent of the legal representatives (parents, guardians, custodians).
In the cases provided by parts eight - the tenth this Article, legal representatives (parents, guardians, custodians) of the physical persons acting as employers bear the accessorial liability according to the obligations following from employment relationships including obligations on salary payment.
On the employer obligations following from employment relationships - the legal entity subsidiary responsibility is born by the owner of property, the founder (participant) of the legal entity in cases in which the Federal Laws and other regulatory legal acts of the Russian Federation establish subsidiary responsibility of the owner of property, the founder (participant) according to obligations of the legal entity.
The worker has the right on:
the conclusion, change and termination of the employment contract according to the procedure and on conditions which are established by this Code, other Federal Laws;
provision to it the work caused by the employment contract;
the workplace conforming to the state normative requirements of labor protection and conditions provided by the collective agreement;
timely and in full salary payment according to the qualification, complexity of work, quantity and quality of the performed work;
the rest provided with establishment of normal duration of working hours, the reduced working hours for separate professions and employee categories, provision of the weekly days off, non-working holidays, paid annual leaves;
complete reliable information about working conditions and requirements of labor protection on workplace, including realization of the rights granted by the legislation on special assessment of working conditions;
preparation and additional professional education according to the procedure, established by this Code, other Federal Laws;
consolidation, including the right to creation of labor unions and the introduction in them for protection of the labor rights, freedoms and legitimate interests;
participation in management of the organization in the forms provided by this Code, other Federal Laws and the collective agreement;
conducting collective bargainings and the conclusion of collective agreements and agreements through the representatives, and also on information on accomplishment of the collective agreement, agreements;
protection of the labor rights, freedoms and legitimate interests by all methods which are not forbidden by the law;
permission of individual and collective employment disputes, including the right to strike, according to the procedure, established by this Code, other Federal Laws;
indemnification, caused to it in connection with execution of labor obligations, and compensation of moral harm according to the procedure, established by this Code, other Federal Laws;
compulsory social insurance in the cases provided by the Federal Laws.
The worker shall:
it is fair to fulfill the labor duties assigned to it by the employment contract;
follow employment policies and procedures;
observe labor discipline;
carry out the established work regulations;
observe requirements for labor protection and safety of work;
make thrifty use of property of the employer (including of the property of the third parties which is at the employer if the employer bears responsibility for safety of this property) and other workers;
without delay to report to the employer or the direct head about emergence of the situation posing threat of life and to human health, safety of property of the employer (including the property of the third parties which is at the employer if the employer bears responsibility for safety of this property).
The employer has the right:
conclude, change and dissolve employment contracts with workers according to the procedure and on conditions which are established by this Code, other Federal Laws;
conduct collective bargainings and sign collective agreements;
encourage workers for honest effective work;
demand from workers of execution of labor obligations and careful attitude to property of the employer by them (including to the property of the third parties which is at the employer if the employer bears responsibility for safety of this property) and other workers, observance of employment policies and procedures, requirements of labor protection;
involve workers to disciplinary and financial responsibility according to the procedure, established by this Code, other Federal Laws;
adopt local regulations (except for employers - the physical persons who are not individual entrepreneurs);
create merging of employers for the purpose of representation and protection of the interests and to enter them.
create industrial council (except for employers - the physical persons who are not individual entrepreneurs) - the advisory body formed on voluntary basis of number of persons employed of this employer, having, as a rule, achievements in work, for preparation of suggestions for improvement of productive activity, separate production processes, to implementation of the new equipment and new technologies, performance improvement of work and qualification of workers. Powers, structure, procedure for activities of industrial council and its interaction with the employer are established by the local regulation. Questions which solution according to the Federal Laws is carried to exclusive competence of governing bodies of the organization, and also questions of representation and protection of the social and labor rights and interests of workers which solution according to this Code and other Federal Laws is carried to competence of labor unions, relevant primary trade-union organizations, other employee representatives cannot belong to powers of industrial council. The employer shall inform industrial council on results of consideration of the offers which arrived from industrial council and on their realization.
exercise the rights granted to it by the legislation on special assessment of working conditions;
conduct independently assessment of observance of requirements of the labor law and other regulatory legal acts containing regulations of labor right (self-inspection).
observe the labor law and other regulatory legal acts containing regulations of labor right, local regulations, conditions of the collective agreement, agreements and employment contracts;
provide to workers the work caused by the employment contract;
ensure safety and working conditions conforming to the state normative requirements of labor protection;
provide workers with the equipment, tools, technical documentation and other means necessary for execution of labor obligations by them;
provide to workers equal pay for work of equal value;
pay in complete size the salary which is due to workers in the terms established according to this Code, the collective agreement, employment policies and procedures, employment contracts;
conduct collective bargainings, and also sign the collective agreement according to the procedure, established by this Code;
provide to employee representatives the complete and reliable information necessary for the conclusion of the collective agreement, the agreement and control of their accomplishment;
acquaint workers under list with the adopted local regulations which are directly connected with their labor activity;
to timely carry out instructions of the federal executive body authorized on implementation of federal state control (supervision) of observance of the labor law and other regulatory legal acts containing regulations of labor right, other federal executive bodies exercising the state control (supervision) in the established field of activity to pay the penalties imposed for violations of the labor law and other regulatory legal acts containing regulations of labor right;
consider ideas of the relevant trade-union organs, other elite by workers of representatives of the revealed violations of the labor law and other acts containing regulations of labor right take measures for elimination of the revealed violations and report about the taken measures to the specified bodies and representatives;
create the conditions providing participation of workers in management of the organization in the forms provided by this Code, other Federal Laws and the collective agreement;
provide the domestic needs of workers connected with execution of labor obligations by them;
perform compulsory social insurance of workers according to the procedure, established by the Federal Laws;
compensate the harm done to workers in connection with execution of labor obligations by them and also compensate moral harm according to the procedure and on conditions which are established by this Code, other Federal Laws and other regulatory legal acts of the Russian Federation;
fulfill other duties provided by the labor law, including the legislation on special assessment of working conditions, and other regulatory legal acts containing regulations of labor right, the collective agreement, agreements, local regulations and employment contracts.
The electronic document management in the sphere of employment relationships (further - electronic document management) is understood as creation, signing, use and storage by the employer, worker or person going to work, the documents, work-related which are drawn up in electronic form without duplication on paper (further - electronic documents), except as specified, provided by this Article and Articles 22.2 and 22.3 of this Code.
Provisions of this Article and Articles 22.2 and 22.3 of this Code are applied to documents concerning which the labor law and other regulatory legal acts containing regulations of labor right provides their registration on paper and (or) acquaintance with them of the worker or person going to work, in writing, including under list, except for the documents specified in part three of this Article.
Provisions of this Article and Articles 22.2 and 22.3 of this Code are not applied to service records and data on labor activity of workers, the act of labor accident created according to the labor law in electronic form in the established form, the order (order) on dismissal of the worker, documents confirming passing by the worker of the instructing in labor protection including which are personally signed by the worker.
The electronic document management can be performed by the employer by means of the following information systems:
Single digital platform in the sphere of employment and employment relationships "Work in Russia" (further - the digital platform "Work in Russia") according to the procedure, determined according to the legislation on employment of the population in the Russian Federation. Access to the digital platform "Work in Russia" is provided including by means of the single portal of the state and municipal services with use of the federal state information system "Single System of Identification and Authentication in the Infrastructure Providing Information and Technological Interaction of the Information Systems Used for Provision of the State and Municipal Services Electronically" (further - single system of identification and authentication);
information system of the employer allowing to provide signing of the electronic document according to requirements of this Code, storage of the electronic document, and also fixing of the fact of its receipt of employment relationships by the parties (further - information system of the employer).
The order of interaction of the digital platform "Work in Russia" and the single portal of the state and municipal services according to provisions of this Article and Article 22.3 of this Code is established by the Government of the Russian Federation. The order of interaction of information system of the employer and the single portal of the state and municipal services according to provisions of this Article, Article 22.3 of this Code is established by the Government of the Russian Federation.
Creation, signing and representation of electronic documents to the employer, and also obtaining from the employer of electronic documents and acquaintance with them (further - interaction with the employer by means of electronic document management) are performed by the worker or person going to work by use:
the digital platform "Work in Russia", access to which is provided including by means of the single portal of the state and municipal services, on condition of application of the digital platform "Work in Russia" by the employer for the purpose of implementation of electronic document management;
information system of the employer in case of its application by the employer for the purpose of implementation of electronic document management.
During creation of electronic documents single requirements to structure and formats of electronic documents which are established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of work in coordination with the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of information technologies and the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of archiving and clerical work are applied.
The employer incurs expenses on creation and (or) operation of information system of the employer, and also creation, use and storage of electronic documents.
The employer has the right to make the decision on introduction of electronic document management.
The electronic document management is entered by the employer based on the local regulation which is accepted by it taking into account opinion of elected body of primary trade-union organization according to the procedure, stipulated in Clause 372 of this Code for adoption of local regulations and which contains:
data on information system (information systems) with which use the employer will perform electronic document management;
procedure for access to information system of the employer (if necessary);
the list of electronic documents and the list of employee categories concerning which the electronic document management is performed;
time for notification of workers about transition to interaction with the employer by means of electronic document management, and also data on the Date of Introduction of electronic document management established not earlier than day of the expiration of the specified notification.
The procedure of electronic document management affirms the employer taking into account opinion of elected body of primary trade-union organization according to the procedure, stipulated in Clause 372 of this Code for adoption of local regulations, and can provide:
terms of signing by the worker of electronic documents and (or) acquaintance with them taking into account working hours of the worker, frequency of such signing and acquaintance;
procedure for briefing of workers concerning interaction with the employer by means of electronic document management (if necessary);
exceptional cases in case of which document creation, determined by the paragraph the fourth parts two of this Article, on paper is allowed;
procedures of interaction of the employer with representative body of workers and (or) elected body of primary trade-union organization and with the commission on employment disputes (if necessary).
The employer notifies each worker in time, established by the local regulation provided by part two of this Article about transition to interaction with the employer by means of electronic document management and the right of the worker to agree to the specified interaction.
Transition to interaction with the employer by means of electronic document management is performed from written consent of the worker, except for the case specified in part seven of this Article. Lack of consent of the worker to interaction with the employer by means of electronic document management is recognized refusal of the worker of such interaction. At the same time for the worker the right to give the specified consent in subsequent remains.
The employer shall inform person employed on implementation of electronic document management. At the same time person having working life as of December 31, 2021 in case of employment to the employer who performs electronic document management or made the decision on introduction of electronic document management, had the right to agree to interaction with the employer by means of electronic document management.
Consent to interaction with the employer by means of electronic document management is not required from persons who are accepted (are employed) after December 31, 2021 and which as of December 31, 2021 have no working life.
Lack of consent of the worker or person employed on interaction with the employer by means of electronic document management (except for the case specified in part seven of this Article) or absence at the worker or person employed of the digital signature cannot be the basis for refusal in employment or dismissals of the worker.
The employer shall provide gratuitously to workers who according to parts five and the sixth this Article did not agree to interaction with the employer by means of electronic document management, the documents connected with their work at this employer, on paper, certified properly.
In case of execution of an employment agreement documents, stipulated in Article the 65th of this Code, can be shown by person going to work in the form approved with the employer including in the form of electronic documents if other is not stipulated by the legislation the Russian Federation.
Acquaintance of person going to work with the documents provided by part three of article 68 of this Code can be performed electronically.
The employer incurs expenses on receipt of the digital signature by the worker (in case of its absence) and its use.
The worker or person going to work, earlier received independently strengthened qualified digital signature having the right to use.
In case of the conclusion of employment contracts, agreements on financial responsibility, student's agreements, contracts for education without separation or with separation from work, in case of introduction of changes in them, and also when signing the order (order) on application of authority punishment, the notification on change determined by the parties of conditions of the employment contract by means of information system of the employer the employer the strengthened qualified digital signature is used.
In the cases established by this Article, the strengthened unqualified digital signature which certificate of key of check is created can be used by the employer and the worker and it is used in the infrastructure providing information and technological interaction of the information systems used for provision of the state and municipal services electronically in the procedure established by the Government of the Russian Federation (further for the purposes of this Article - the strengthened unqualified digital signature issued with use of infrastructure of the electronic government).
When signing others, than specified in part one of this Article, electronic documents by means of information system of the employer by the employer can be used:
the strengthened qualified digital signature;
the strengthened unqualified digital signature which procedure for test is determined by the agreement of the parties of the employment contract;
the strengthened unqualified digital signature issued with use of infrastructure of the electronic government.
In case of execution of an employment agreement, agreements on financial responsibility, the student's agreement, the contract for education without separation or with separation from work, in case of introduction of changes in them, when signing consent to the translation, resignation letters, the withdrawal of the resignation letter, and also in case of acquaintance with the notification on change determined by the parties of conditions of the employment contract, the order (order) on application of authority punishment by means of information system of the employer by the worker can be used:
the strengthened qualified digital signature;
the strengthened unqualified digital signature which procedure for test is determined by the agreement of the parties of the employment contract;
the strengthened unqualified digital signature issued with use of infrastructure of the electronic government.
When signing others, than specified in part four of this Article, electronic documents by means of information system of the employer by the worker can be used:
the strengthened qualified digital signature;
the strengthened unqualified digital signature which procedure for test is determined by the agreement of the parties of the employment contract;
the strengthened unqualified digital signature issued with use of infrastructure of the electronic government;
the simple digital signature if the agreement of the parties of the employment contract identifies rules of the determination persons signing the electronic document according to its simple digital signature and requirements to maintaining confidentiality of key of such signature (further for the purposes of this Article - the simple digital signature of the worker in information system of the employer).
When signing electronic documents by means of the digital platform "Work in Russia" by the employer can be used:
the strengthened qualified digital signature;
the strengthened unqualified digital signature issued with use of infrastructure of the electronic government.
When signing electronic documents by the worker or person going to work by means of the digital platform "Work in Russia" can be used:
the strengthened qualified digital signature;
the strengthened unqualified digital signature issued with use of infrastructure of the electronic government;
the simple digital signature which key is received in case of corporal appearance according to the rules of use of the simple digital signature established by the Government of the Russian Federation in case of the request for receipt of the state and municipal services electronically.
The worker or person going to work, performing interaction with the employer by means of the electronic document management having the right to send to the address of the employer of the statement, notification and message who are provided by the labor law and concerning whom the electronic document management according to this Article and Articles 22.1 and 22.2 of this Code is performed, by means of:
information system of the employer (in case of its application by the employer for implementation of electronic document management), including with use of the single portal of the state and municipal services (on condition of interaction for the purpose of implementation of electronic document management of information system of the employer with the single portal of the state and municipal services);
the digital platform "Work in Russia" on condition of its application by the employer for the purpose of implementation of electronic document management.
The statements, notifications and messages directed by the worker or person going to work are considered as the methods specified in part eight of this Article received by the employer the next working day after their direction.
The worker can submit the statement for issue of documents, the work-related, or their certified properly copies (Article 62 of this Code) in writing, or direct according to the procedure, established by the employer, through information system of the employer or to the e-mail address of the employer, or to direct through the digital platform "Work in Russia" on condition of use by the employer of the specified information systems for the purpose of implementation of electronic document management.
In case of submission by the worker of the statement for issue of documents, work-related, or their copies (Article 62 of this Code) the employer shall provide gratuitously to the worker not later than within three working days from the date of submission of the specified statement such documents or their copies certified properly on paper or if concerning these documents the electronic document management, such electronic documents is performed by the method specified in the statement of the worker:
in the form of the copy of the electronic paper document certified properly;
in electronic form, including by its placement on the single portal of the state and municipal services in case of interaction for the purpose of implementation of electronic document management of information system of the employer with the single portal of the state and municipal services or in private office of the worker on the digital platform "Work in Russia" on condition of its use by the employer for the purpose of implementation of electronic document management.
According to the statement of the worker the employer provides access for the worker to the documents signed by the simple digital signature of the worker in information system of the employer by the direction of the electronic document in private office of the worker (in the presence) on the single portal of the state and municipal services according to the procedure provided by the Government of the Russian Federation.
In case of catastrophic crash of natural or technogenic nature, production accident, labor accident, the fire, flood, earthquake, epidemic or epizooty and in any exceptional cases threatening life or normal vital conditions of all population or its part, the employer and the worker who are not performing interaction by means of the electronic document management having the right to exchange temporarily according to the local regulation adopted taking into account opinion of elected body of primary trade-union organization according to the procedure, stipulated in Clause 372 of this Code for adoption of local regulations documents, including documents work-related in electronic form or electronic image of the document (the paper document, transformed to electronic form by scanning or photography with preserving its details) with the subsequent submission of the relevant documents on paper.
The employer ensures safety of electronic documents during the terms established by the legislation of the Russian Federation on archiving including if the electronic document management is performed with use of information system of the employer or the digital platform "Work in Russia".
Procedure for provision to the worker of the electronic documents created with use of the digital platform "Work in Russia", and procedure for its access to them by means of the single portal of the state and municipal services are established by the Government of the Russian Federation.
Social partnership in the sphere of work (further - social partnership) - the system of relations between workers (employee representatives), employers (representatives of employers), public authorities, local government bodies aimed at providing coordination of interests of workers and employers concerning regulation of employment relationships and other directly related relations.
The basic principles of social partnership are:
equality of participants;
respect and accounting of interests of the parties;
interest of the parties in participation in contractual relations;
assistance of the state in strengthening and development of social partnership on democratic basis;
observance by the parties and their representatives of the labor law and other regulatory legal acts containing regulations of labor right;
polnomochnost of agents of the parties;
liberty of choice in case of discussion of the questions falling within the scope of work;
voluntariness of acceptance by the parties on obligations;
reality of the obligations assumed by the parties;
obligation of accomplishment of collective agreements, agreements;
control over the implementation of the accepted collective agreements, agreements;
responsibility of the parties, their representatives for failure to carry out on their fault of collective agreements, agreements.
The parties of social partnership are workers and employers on behalf of the representatives authorized in accordance with the established procedure.
Public authorities and local government bodies are the parties of social partnership in cases when they act as employers, and also in other cases provided by the labor law.
Social partnership is performed on:
federal level at which bases of regulation of the relations in the sphere of work in the Russian Federation are established;
interregional level at which bases of regulation of the relations in the sphere of work in two and more subjects of the Russian Federation are established;
the regional level at which bases of regulation of the relations in the sphere of work in the subject of the Russian Federation are established;
industry level at which bases of regulation of the relations in the sphere of work in industry (industries) are established;
territorial level at which bases of regulation of the relations in the sphere of work in the municipality are established;
the local level at which are established employee obligation and the employer in the sphere of work.
Social partnership is performed in forms:
collective bargainings on preparation of drafts of collective agreements, agreements and the conclusion of collective agreements, agreements;
mutual consultations (negotiations) concerning regulation of employment relationships and other directly related relations, providing guarantees of labor rights of the workers and enhancement of the labor law and other regulatory legal acts containing regulations of labor right;
participations of workers, their representatives in management of the organization;
participations of employee representatives and employers in permission of employment disputes.
Features of application of regulations of this Section to the government civil servants, local government officers, workers of military and the militarized bodies and the organizations, law-enforcement bodies, the Public fire service, organizations and security service, bodies of criminal executive system, bodies of forced execution, customs authorities and diplomatic representations of the Russian Federation are established by the Federal Laws.
Employee representatives in social partnership are:
the labor unions and their associations, other trade-union organizations provided by charters of the all-Russian, interregional labor unions or other representatives elected by workers in the cases provided by this Code.
Interests of workers during the carrying out collective bargainings, the conclusion or change of the collective agreement, control of its accomplishment, and also in case of realization of the participation right in management of the organization, consideration of employment disputes of workers with the employer are represented by primary trade-union organization or other representatives elected by workers.
Interests of workers during the carrying out collective bargainings, the conclusion or change of agreements, permission of collective employment disputes concerning the conclusion or change of agreements, control of their accomplishment, and also when forming and implementing activities of the commissions on regulation of the social and labor relations represent the relevant labor unions, their territorial organizations, merging of labor unions and merging of the territorial organizations of labor unions.
Primary trade-union organizations and their bodies represent in social partnership at the local level the interests of the employees of this employer who are members of the relevant labor unions, and in cases and procedure which are established by this Code, - interests of all employees of this employer irrespective of their membership in labor unions during the carrying out collective bargainings, the conclusion or change of the collective agreement, and also by consideration and permission of collective employment disputes of workers with the employer.
The workers who are not members of labor union can authorize body of primary trade-union organization to represent their interests in relations with the employer concerning the individual employment relationships and directly related relations on conditions established by this primary trade-union organization.
In cases when employees of this employer are not united in any primary trade-union organizations or any of the available primary trade-union organizations does not unite more than a half of employees of this employer and is not authorized according to the procedure, established by this Code, to represent the interests of all workers in social partnership at the local level, on general meeting (conference) of workers for implementation of the specified powers other representative (representative body) can be elected by secret vote from number of persons employed.
Availability of other representative cannot be obstacle for implementation of the powers by primary trade-union organizations.
The employer shall create the conditions providing activities of employee representatives according to the labor law, the collective agreement, agreements.
Interests of the employer during the carrying out collective bargainings, the conclusion or change of the collective agreement, and also by consideration and permission of collective employment disputes of workers with the employer are represented by the head of the organization, employer - the individual entrepreneur (personally) or persons authorized by them according to this Code, other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies, constituent documents of the legal entity (organization) and local regulations.
During the carrying out collective bargainings, the conclusion or change of agreements, permission of collective employment disputes concerning their conclusion or change, and also when forming and implementing activities of the commissions on regulation of the social and labor relations the interests of employers are represented by the corresponding associations of employers. In case of absence at the federal, interregional, regional or territorial level of social partnership of branch (cross-industry) association of employers of its power can perform respectively the all-Russian, interregional, regional, territorial merging of employers provided that the list of members of such consolidation meets the requirements established by the Federal Law for the corresponding branch (cross-industry) association of employers.
The part three voided according to the Federal Law of the Russian Federation of 24.11.2014 No. 358-FZ
The part four voided according to the Federal Law of the Russian Federation of 24.11.2014 No. 358-FZ
Representatives of employers - the organizations concerning which functions and powers of the founder perform federal executive bodies, executive bodies of subjects of the Russian Federation, other state bodies, local government bodies, during the carrying out collective bargainings, the conclusion or change of agreements, permission of collective employment disputes concerning the conclusion or change of agreements, control of agreement performance forming of the commissions on regulation of the social and labor relations and implementation of their activities are also the corresponding federal executive bodies, executive bodies of subjects of the Russian Federation, other state bodies, local government bodies.
For ensuring regulation of the social and labor relations, conducting collective bargainings and preparation of drafts of collective agreements, agreements, the conclusions of collective agreements, agreements, and also for the organization of control of their accomplishment at all levels on equal basis according to the decision of the parties are formed commissions of the agents of the parties given necessary authority.
At the federal level permanent Russian Trilateral Commission on the Regulation of Social and Labour Relations which activities are performed according to the Federal Law is formed.
Members of Russian Trilateral Commission on the Regulation of Social and Labour Relations are representatives of the all-Russian trade union associations, the all-Russian associations of employers, the Governments of the Russian Federation.
In subjects of the Russian Federation the tripartite commissions on regulation of the social and labor relations which activities are performed according to the laws of subjects of the Russian Federation can be formed.
At the territorial level the tripartite commissions on regulation of the social and labor relations which activities are performed according to the laws of subjects of the Russian Federation, regulations on these commissions approved by representative bodies of local self-government can be formed.
At the industry (cross-industry) level the industry (cross-industry) commissions on regulation of the social and labor relations can be formed. The industry (cross-industry) commissions can be formed both on federal, and at the interregional, regional, territorial levels of social partnership.
At the local level the commission for conducting collective bargainings, preparation of the draft of the collective agreement and the conclusion of the collective agreement is formed.
For the purpose of coordination of interests of workers (their representatives), employers (their representatives) and the state concerning regulation of the social and labor relations and related economic relations federal bodies of the government, public authorities of subjects of the Russian Federation and local government bodies shall provide conditions for participation of the relevant commissions on regulation of the social and labor relations (in cases when such commissions at appropriate level of social partnership are not formed, - the relevant labor unions (trade union associations) and associations of employers) in development and (or) the discussion of projects of legislative and other regulatory legal acts, programs of social and economic development, other acts of public authorities and local government bodies in the sphere of work according to the procedure established by this Code other Federal Laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of subjects of the Russian Federation, regulatory legal acts of local government bodies, agreements.
Drafts of legal acts, normative legal and other acts of executive bodies and local government bodies in the sphere of work, and also the documents and materials necessary for their discussion are sent for consideration in the relevant commissions on regulation of the social and labor relations (the relevant labor unions (trade union associations) and associations of employers) by the federal bodies of the government, public authorities of subjects of the Russian Federation or local government bodies adopting the specified acts.
Decisions of the relevant commissions on regulation of the social and labor relations or opinion of their parties (the conclusions of the relevant labor unions (trade union associations) and associations of employers) according to the drafts of legal acts, normative legal and other acts of executive bodies and local government bodies sent them are subject to obligatory consideration of the government by federal bodies, public authorities of subjects of the Russian Federation or the local government bodies adopting the specified acts.
Employee representatives and employers participate in collective bargainings on preparation, the conclusion or change of the collective agreement, agreement and have the right to show initiative of carrying out such negotiations.
The agent of the party who received the offer in writing on the beginning of collective bargainings shall enter negotiations within seven calendar days from the date of receipt of the specified offer, having sent to the initiator of carrying out collective bargainings the answer with indication of representatives from the party for participation in work of the commission on conducting collective bargainings and their powers. Day of the beginning of collective bargainings is the day following behind day of obtaining by the initiator of carrying out collective bargainings of the specified answer.
Conducting collective bargainings and the conclusion of collective agreements and agreements from employee name by persons representing the interests of employers, and also the organizations or bodies created or financed by employers, executive bodies, local government bodies, political parties, except as specified, provided by this Code are not allowed.
The agents of the parties participating in collective bargainings are free in the choice of questions of regulation of the social and labor relations.
Two or more primary trade-union organizations uniting in total more than a half of employees of this employer for the decision of their elected bodies can create single representative body for conducting collective bargainings, development of the single draft of the collective agreement and the conclusion of the collective agreement (further - single representative body). Forming of single representative body is performed on the basis of the principle of pro rata representation depending on the number of members of labor union. At the same time its structure shall include the representative of each of primary trade-union organizations which created single representative body. The single representative body has the right to send to the employer (his representative) the offer on the beginning of collective bargainings on preparation, the conclusion or change of the collective agreement on behalf of all workers.
Primary trade-union organization uniting more than a half of employees of the organization, the individual entrepreneur has the right according to the decision of the elected body to send to the employer (his representative) the offer on the beginning of collective bargainings on behalf of all workers without preliminary creation of single representative body.
If any of primary trade-union organizations or in total primary trade-union organizations which wished to create single representative body do not unite more than a half of employees of this employer, then general meeting (conference) of workers secret vote can determine that primary trade-union organization which in case of the consent of its elected body is entrusted to send to the employer (his representative) the offer on the beginning of collective bargainings on behalf of all workers. In cases when such primary trade-union organization is not determined or employees of this employer are not united in any primary trade-union organizations, general meeting (conference) of workers can choose secret vote from number of persons employed of other representative (representative body) and give to him appropriate authority.
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