Sources of law regulation in social-labour
relations are every forms of
objective expressions of LL, which are
presented in law texts, which got
legitimization and which became legally
important behaviour rules of general, collective
or individual meaning
(S.P. Mavrin, 2005)
а) law
powers
c) historical
law memorials
d) ways of understanding
current law
b) law basic
materials
sociological
interpretation (every acts,
determined behavior
– court decision,
contracts, customs)
Constitution of Russia, constitutions of Russia, subjects and others
Laws of Russia, laws of Russian subjects;
other normative legal acts of Russia, subjects of Russia and others
58-60 conventions WLO are ratified in Russia;
Russia entered in European Council in 1996, decisions of European Court are obligatory for Russia since 1998;
CIS with participation of Russia more than 100 model laws are accepted.
Labour Code of Russia (below LC RF) was accepted in 2001, joined into force since February 1 2002, LC RF consists of 6 parts, 14 sections, 424 articles (actually more).
collective
contracts
local
normative acts
agreements
Acts of Russian subjects (Decrees of the President of Udmurt Republic, resolutions of the Government of Udmurt Republic and others)
Judiciary law, labour contract, custom
Acts of local authorities
Set increased
responsibility
Provided
caption from general norms
Adapted to general
norms working conditions
working conditions
(hard, dangerous)
Objective factors of differentiation: federative system; natural-climatic, geographical working conditions; location, ownership patterns of employer’s property; severity and hazard of working conditions; qualification, citizenship of employee and others.
Subject differentiation: physiological peculiarities of
women organism; age, health condition,
marital status of employee; apprenticeship and others
Local normative acts:
Elaborate
general norms LL
Should not contradict to
norms LL
Participate in relation to
employees of present employer
Meet lacks of
norms LL
Holiday diagrams
(art. 123 LC RF)
Rules of working routine
(articles 189-190 LC RF)
Labour protection order
(art. 212 LC RF)
Wide meaning
Narrow meaning
Attention is paid for:
courts are appealed to apply, but not to administer law;
Court decision in concrete labour dispute
– is an act of conciliation,
but not a law source.
Functions of LL sources practically execute:
generalization of judiciary law
Decisions of court inferiors,
which are published in «Bulletin of Supreme
Court of Russia»
Decision of Supreme Court
in concrete cases
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