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Introduction and general characteristics of labour law in Russia презентация, доклад

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Dissemination of course slides «Labourlaw in Russia» is prohibited. Opinions, given in present work, do not reflect common acceptedpoint of view in law science andlabour law. Present publication is developed

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Слайд 1Introduction and general characteristics of labour law in Russia
Author: PhD

in law, associate professor S.A. Sobolev
Izhevsk
2011 г.

Introduction and general characteristics of labour law in RussiaAuthor: PhD in law, associate professor S.A. Sobolev Izhevsk2011

Слайд 2 Dissemination of course slides «Labour
law in Russia» is prohibited.


Opinions, given in present
work, do not reflect common

accepted
point of view in law science and
labour law.
Present publication is developed in
accordance with educational program
course «Labour law in Russia».
Legislation about law and court
practice is given for
December 20, 2011

Dissemination of course slides «Labourlaw in Russia» is prohibited. Opinions, given in present work, do not

Слайд 3Issues:
Conceptual framework of labour law (hereinafter LL) and production methods.
Interaction

of LL with other law branches. Significance of non-juridical disciplines

in studying of LL.
History of formation and modern development of LL: sciences, branches (academic subject) and labour legislation.
Concept and interest types in LL. State-law combination and estates distribution in labour field.
Brief description of law legislation in foreign countries.
Issues:Conceptual framework of labour law (hereinafter LL) and production methods.Interaction of LL with other law branches. Significance

Слайд 4
Conceptual framework is information system,
because it is intended

for legal information
transfer, explanation of legal norms
by elaboration of concept

meaning,
with the help of them, these norms are
formulated (Golovina S.Y., 2006)

Term – (from Latin. boarder, limit) means a word with special
(scientific) shade of meaning... Concept – reflects
general, basic, more essential determinations,
identical to a subject (Golovina S.Y. 1997)

Interpretation of law – it is immaterial-voluntary activity in determination of original content of legal acts in order to realize and update them (Shaburov A.S., 1996)

Conceptual framework is information system,because it is intended for legal informationtransfer, explanation of legal normsby

Слайд 5Labour law, as any other disciplines,
Has its own conceptual framework,


which includes:
terms
definitions
concepts
categories

Labour law, as any other disciplines,Has its own conceptual framework, which includes:termsdefinitionsconceptscategories

Слайд 6 Interpretation of law – it is

immaterial-voluntary activity in determination of original content of legal acts in

order to realize and update them (Shaburov A.S., 1996)

Grammatical (determination of different concepts
or literal meaning);
2) logical (what legislator wish to express
and text meaning sets according to logical law);
3) special – juridical (interpretation of terms due to peculiarities of legal control)
And other means of interpretation.

Official (authentic – carries out department, which
published legal act; legal – special jurisdiction authority);
2)Non-official (doctrinal, - by scientists –by lawyers, ordinary – every subject, professional - by specialists – by lawyers).

Interpretation of law – it is immaterial-voluntary  activity in determination of original

Слайд 7Evaluation concept – expressed in norms law clauses (order), which:
firstly,

by force of its particularity it is not concretized in

any single legal act;

secondly, it is concretized in the process of law enforcement in each separate case;

thirdly, it gives to law enforcement authority a possibility of independent evaluation of facts with obligate abidance of those general criteria or features, which are required in present evaluation concept.
Evaluation concept – expressed in norms law clauses (order), which:firstly, by force of its particularity it is

Слайд 8Production methods of conceptual framework
in labour law:
1. by science or

scientific
legal or
regulatory
3. Legal or
law enforcement practice
4. everyday practice

Production methods of conceptual frameworkin labour law:1. by science or scientific legal orregulatory3. Legal or law enforcement

Слайд 9by science or scientific
method of concept formation,
terms, definitions
Subject

of LL
Sources of LL
Principles of LL
System of LL
Method of LL

by science or scientific method of concept formation,terms, definitions Subject of LLSources of LLPrinciples of LLSystem of

Слайд 10subject of LL
(Par. 1 Labour Code of Russia)
labour relations
(Paragr. 15

Labour Code of Russia)
directly
connected with labour
relations in labour
sphere
(part 2

paragr. 1 Labour Code of Russia)

labour organization and labour management;
employment by particular employer;
professional training;
participation of employees and labour
unions in establishment of working conditions;
social partnership;
financial responsibility of employee
and employer in labour sphere;
resolution of grievance

subject of LL(Par. 1 Labour Code of Russia)labour relations(Paragr. 15 Labour Code of Russia)directlyconnected with labourrelations in

Слайд 11Method of LL
firstly, method (from Greek methodos –
way, research) learning

system of LL
secondly, method – is a complex of

legal
techniques, means, control methods
social-labour relations

complex of state and и contract;
participation of employees in administrative management;
unity and и differentiation of labour regulation;
complex of contract, recommendation и imperative;
participants equality in making and termination of labour
contract and submission to standars of LL and rules;
peculiarity of remedy и labour-related arrangement.

Method of LLfirstly, method (from Greek methodos –way, research) learning system of LL secondly, method – is

Слайд 12 Legal or regulatory
way of terms creation, concepts of LL


Acts ILO, CIS
Federal constitutional law,
Federal law,
laws of

Russian regions

others regulatory
legal acts

Labour code
of Russia

«employer»,
«employee»
(Paragraph. 20 Labour code of Russia)

«gender»,
«compulsory labour»,
«salary wage»

«employment»,
«trade union»

«permanent place
of work»

Legal or regulatoryway of terms creation, concepts of LL Acts ILO, CIS Federal constitutional law, Federal

Слайд 133. Legal or
law enforcement practice
«business capacity of employee»
(article 10

PP VS of Russia № 2)
«another locality», «structural
department» (article

16 PP VS of Russia № 2)

«important reasons» omission of period in
court demand (article 5 PP VS of Russia № 2)

«right abuse» from the part of
empoyee (article 27 PP VS of Russia № 2)

3. Legal or law enforcement practice«business capacity of employee»(article 10 PP VS of Russia № 2) «another

Слайд 144. Concepts of everyday practice
Maternity leave
Administrative leave
Partly-paid leave
Departure clearance

4. Concepts of everyday practiceMaternity leaveAdministrative leavePartly-paid leaveDeparture clearance

Слайд 15
Labour law in Russia

Legal discipline
(formal-
dogmatic)
Other sciences
(social-
economical,
historical and
others)
Correlation
Difference
General characteristics
Addition
Studying of


development
Effectiveness

Labour law in RussiaLegal discipline(formal-dogmatic)Other sciences(social-economical,historical and others)CorrelationDifferenceGeneral characteristicsAdditionStudying of developmentEffectiveness

Слайд 16
Labour law


Criminal
law

Social security
law

Civil
law

Administrative
law

Constitutional
law


International law

Labour lawCriminallawSocial securitylawCivillawAdministrative lawConstitutionallawInternational law

Слайд 17
Labour law

Imaginative
literature
Economics

Psycology

Sociology


History


Philosophy

Labour lawImaginativeliteratureEconomicsPsycologySociologyHistoryPhilosophy

Слайд 18History of labour law
science
Branches or
Educational discipline
labour
law
Pre-revolutionary
soviet
modern

History of labour lawscienceBranches orEducational disciplinelabour lawPre-revolutionarysovietmodern

Слайд 19Labour law was called «employment
agreement» and it was an

institute of
civil legislation. Labour
legislation was called factory
(factoryplant) and was

a subject of
administrative (police) law.

Pre-revolutionary period

Till 1917 labour law was called
«Industrial (working) law».
Lev Semenovich Tal – confirmed independence of this discipline.

Several scientists consider, that labour
law as branch of law arouse in
Russia till 1917 (Mironov V.I., 2005)

Labour law was called «employment agreement» and it was an institute ofcivil legislation. Labour legislation was called

Слайд 20In the opinion of L.S. Tal (1916, 1918):
Industrial law– complex

of special
standards, which define internal
system of industrial enterprise and
relationships between

members of this enterprise.

Industrial law is inseparable mixture of standards of public and
private law.

Master authority, standard agreements and employment (working) agreement – these are
Private law basics of internal system
in industrial enterprise.

In the opinion of L.S. Tal (1916, 1918):Industrial law– complex of specialstandards, which define internalsystem of industrial

Слайд 21… due to two cross processes…from the
sphere of civil-legal

regulation
and administrative (police) law…
in 1922 (Khokhlov E.B., 1996)
In educational-scientific literature
about

LL, there is a fact, that
labour law, as a law branch,
was created in the Soviet period:

Советский период

Labour law became an independent branch from civil law in 1918 with acceptance of the first Labour Code (Gusov K.N., Tolkunova V.N., 2002)

… due to two cross processes…from the sphere of civil-legal regulationand administrative (police) law…in 1922 (Khokhlov E.B.,

Слайд 22History of labour
legislation in Russia
A. First laws about labour

May 24, 1835;
June 1, 1882; June 3 1886; June 2,

1897

B. Decree of Council of People’s Commissars October 29, 1917,
Civil laws of 1918, 1922, 1971, Fundamentals 1970


Labour code of Russian Federation (below LC RF):
accepted by State Duma on December 21, 2001
approved by Federation Council on December 26, 2001
signed by President RF on December 30, 2001;
joined into force since February 1, 2002;
last changes – Federal Law July 27, 2010
(join into force since January 1, 2011).
.

History of labour legislation in RussiaA. First laws about labour May 24, 1835;June 1, 1882; June 3

Слайд 23Interest in general theoretical meaning is:
(from Latin to have a

meaning) reason of
actions of individuals, social groups,
defining their social

behavior

(from Latin to participate) attraction to smth,
From material point of view advantage, benefit,
self-interest

Interest in LL – it is a motivation (reason) of
behaviour in labour sphere and others) and internal
motives, needs of subjects in social-labour
relations

Interest in general theoretical meaning is:(from Latin to have a meaning) reason of actions of individuals, social

Слайд 24Interests in LL can be classified
From the point of view

of standards in
legislation (broadly defined)
and realized by citizens in labour

sphere:

1. objective

3. individual

2. subjective

4. collective

Labour conditions

Type of activity

education

health

age

employee -
man,
woman

employer -
Legal person,
natural person

Collective
and management
executives

employees -
organization,
branch

climate

Interests in LL can be classifiedFrom the point of view of standards inlegislation (broadly defined)and realized by

Слайд 25Labour legislation of foreign countries
«CIS countries»
«non-CIS countries»
accepted new
Labour code


Labour codes
were not canceled
Labour code was cancelled,
Laws were accepted
Labour

code was not accepted by:
USA, Germany, Japan

Labour code is accepted by:
France, Canada

Belarus,
Kyrgyzstan,
Uzbekistan

Ukraine,
Moldova,
Azerbaidzhan

Estonia

Labour legislation of foreign countries«CIS countries»«non-CIS countries»accepted new Labour code Labour codes were not canceledLabour code was

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