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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 24, 2015 No. 52

About application by courts of the legislation regulating work of athletes and trainers

For the purpose of ensuring unity of practice of application by courts of the legislation regulating work of athletes and trainers, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

1. Legal regulation of employment relationships of workers - athletes and trainers is performed by the Labor Code of the Russian Federation (further - the Labor Code of the Russian Federation), the Federal Law of December 4, 2007 No. 329-FZ "About physical culture and sport in the Russian Federation" (further - the Federal Law "About Physical Culture and Sport in the Russian Federation"), other Federal Laws and the laws of subjects of the Russian Federation containing regulations of labor right, other regulatory legal acts containing regulations of labor right, the collective agreements, agreements, local regulations containing regulations of labor right, employment contracts (Articles 5, of 6, of 8 - 10 Labor Codes of the Russian Federation).

The features of regulation of work of athletes, trainers limiting application of general regulations of the Labor Code of the Russian Federation or providing for these employee categories additional rules in connection with special nature and working conditions of athletes and trainers, psychophysiological features of organism of athletes are established according to part three of the article 348.1 Labor Code of the Russian Federation by the labor law and other regulatory legal acts containing regulations of labor right, collective agreements, agreements, and also local regulations adopted by employers according to requirements of the article 8 Labor Code of the Russian Federation taking into account the regulations approved by the all-Russian sports federations and opinion of elected body of primary trade-union organization (in the presence of such organization).

The features of regulation of work of athletes, trainers involving decrease in level of guarantees to workers, restriction of their rights, increase their disciplinary and (or) financial responsibility, and also cases and procedure for establishment of the specified features of regulation of work by others (in addition to the Labor Code of the Russian Federation) the acts containing regulations of labor right are more exhaustively determined by Chapter 54.1 of the Labor Code of the Russian Federation "Feature of regulation of work of athletes and trainers" (Article 252 and part four of the article 348.1 Labor Code of the Russian Federation). Establishment of such features of regulation of work of athletes, trainers by other acts containing regulations of labor right in other cases or in other procedure, in addition to the Labor Codes of the Russian Federation specified in Chapter 54.1 is not allowed. The called Chapter of the Labor Code of the Russian Federation, in particular, provides possibility of establishment by collective agreements, agreements, local regulations of features of the mode of working hours of athletes, trainers, attraction them to overtime work, work at night, during week-end and non-working holidays, and also features of compensation of athletes, trainers at night, during week-end and non-working holidays (part five of the article 348.1 Labor Code of the Russian Federation).

2. By hearing of cases on the disputes arising from employment legal relationship of athletes, trainers it is necessary to consider that local regulations by which according to part three of the article 348.1 Labor Code of the Russian Federation features of regulation of work of the called employee categories can be established shall be accepted by the employer not only according to requirements of the article 8 Labor Code of the Russian Federation fixing general rules of adoption of such acts but also taking into account the regulations approved by the all-Russian sports federations and opinion of elected body of primary trade-union organization.

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 of stipulated in Clause 372 Labor Codes of the Russian Federation of accounting treatment for opinion of representative body of workers (in the presence of such representative body), based on part four of the article 8 Labor Code of the Russian Federation are not subject to application. The local regulations establishing the features of regulation of work of athletes and trainers accepted with violation of requirements of part three of the article 348.1 Labor Code of the Russian Federation about procedure for their acceptance proceeding from provisions of part four of the article 8 Labor Code of the Russian Federation also are not subject to application.

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