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Sources of labour law in Russia

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 1Sources of labour law in Russia
Author: PhD in law, associate professor
S.A.

Sobolev
Izhevsk
2011

Sources of labour law in RussiaAuthor: PhD in law, associate professorS.A. SobolevIzhevsk2011

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:
Concept, types and peculiarities of sources LL.
LL system and system

of labour legislation: history, contemporary time.
2) Structure, concept and

importance of Labour Code
of Russia in regulation of labour and other relations
in labour sphere.
3) Constitution of Russia in source system of LL.
General characteristics of regional legislation about
law in Russia.
4) International acts about law in source system of
LL (acts WTO UN, CIS and others).
Issues:Concept, types and peculiarities of sources LL.LL system and system of labour legislation: history, contemporary time. 2)

Слайд 45) Unity and differentiation (general and special)
legislation about law in

Russia.
6) Agreements, collective agreement, local
normative and its characteristics in norms

LL.
7) Labour contract, convention, judiciary law in
source system of LL: problems of understanding and
importance in law-enforcement policy.

5) Unity and differentiation (general and special)legislation about law in Russia.6) Agreements, collective agreement, localnormative and its

Слайд 5LL sources – results (products) lawmaking
activity of competent state authorities

in
regulation sphere of labour and other social
relations, which compound this

field subject.
(O.V. Smirnov, 2003)

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)

LL sources – results (products) lawmakingactivity of competent state authorities inregulation sphere of labour and other socialrelations,

Слайд 6Law sources – are community rules,
supported by government authority.
Different

forms, where law is expressed,
have the name of law
sources.
(G.F.

Shershenevich, 1912)

а) law
powers

c) historical
law memorials

d) ways of understanding
current law

b) law basic
materials

Law sources – are community rules, supported by government authority.Different forms, where law is expressed, have the

Слайд 7Law sources and LL are revealed
material meaning
(government authority)
juridical meaning
(laws, NPA

and others)
A.M. Lushnikov, M.V. Lushnikova, 2003
S.Y. Golovina, M.V. Molodcov, 2003
positive,

objective
interpretation (outgoing or
authorized)

sociological
interpretation (every acts,
determined behavior
– court decision,
contracts, customs)

Law sources and LL are revealedmaterial meaning(government authority)juridical meaning(laws, NPA and others)A.M. Lushnikov, M.V. Lushnikova, 2003S.Y. Golovina,

Слайд 8
Types (classification)
labour law sources of Russia:

1) legal force
3) received authorities
4)

generalization degree
2) incidence

Types (classification)labour law sources of Russia:1) legal force3) received authorities4) generalization degree2) incidence

Слайд 9LL sources in Russia
International-legal acts
Labour legislation
of Russia
Convention, recommendation
WLO

UN;
Model law CIS;
International contracts
(two, three, multilateral);
Acts

of European Court;
other acts with norms of labour law.

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

LL sources in Russia International-legal actsLabour legislationof Russia Convention, recommendationWLO UN; Model law CIS; International contracts (two,

Слайд 10Structure of Labour Code of Russia includes:
Parts - 6
Sections -

14
Chapters – 62
Articles – 424
(actually more)

Structure of Labour Code of Russia includes:Parts - 6Sections - 14 Chapters – 62 Articles – 424(actually

Слайд 11LL sources (art. 5 Labour Code Russia)
labour
legislation
NLA, with
LL norms

LL sources (art. 5 Labour Code Russia)labour	legislationNLA, withLL norms

Слайд 12Labour legislation (art. 5 Labour Code Russia)
Federal constitutional laws, federal

laws, laws of Russia, in unconstitutional part, Labour code of

Russia – also include laws of USSR, RSFSR, laws of subjects of Russia.

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).

Labour legislation  (art. 5 Labour Code Russia)Federal constitutional laws, federal laws, laws of Russia, in unconstitutional

Слайд 13NLA, with norms of LL (art. 5 LC RF)
Acts of federal

level (Decrees of Russian President, resolutions of the Russian Government

and others)

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

NLA, with norms of LL (art. 5 LC RF)Acts of federal level (Decrees of Russian President, resolutions

Слайд 14Additional
benefits and garantees
«Differentiation» – division of whole for
independent parts.

(Dubrovsky N., 1907)
Unity of LL expresses in

norms of general activity
of united general working conditions for all employees, equal basic employment laws and responsibilities.
Differentiation in LL connected with standard-settings of special activity, accommodated by
general law establishments to working conditions or
Labour relations subjects (Begichev B.K., 1985)

Set increased
responsibility

Provided
caption from general norms

Adapted to general
norms working conditions

Additionalbenefits and garantees«Differentiation» – division of whole for independent parts. (Dubrovsky N., 1907)   Unity of

Слайд 15
Criteria of differentiation of labour law sources
In Russia:

activity category
(teachers,

medicine)
legislative
judiciary bases
(facts) (election,
imposition, competition)
subject of labour
relations
(woman, foreigner,
outworker)
territory
(Far

North)

working conditions
(hard, dangerous)

Criteria of differentiation of labour law sources In Russia:activity category(teachers, medicine) legislativejudiciary bases (facts) (election,imposition, competition)subject of

Слайд 16
Differentiation in LL – differentiation of legal
norms

at the base of juridically important factors in purpose
of concretization

of general cases of labour legislation
to separate categories of employees.
( Skachkova G.S., 2003)

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

Differentiation in LL – differentiation of legalnorms at the base of juridically important factors

Слайд 17 Local normative acts - are acts, which contains
norms

of LL, accepted by employer
(excluding employers – individual persons,
who

are not individual entrepreneur)
Within the limits of its competence according to
labour legislation and other NLA,
consisting norms of LL, collective contracts,
agreement (art. 8 LC RF)

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

Local normative acts - are acts, which containsnorms of LL, accepted by employer(excluding employers –

Слайд 18Types of local normative acts:
Interchangeability
diagram (art. 103 LC RF)


About labour remuneration,
system of awards
(articles 135, 143, 144

LC RF)

Holiday diagrams
(art. 123 LC RF)

Rules of working routine
(articles 189-190 LC RF)

Labour protection order
(art. 212 LC RF)

Types of local normative acts:Interchangeability diagram (art. 103 LC RF) About labour remuneration, system of awards (articles

Слайд 19In creation way local normative acts are
devided (Khnykin G.V., 2004):
Initial
Predicated

by
group
authorities juridical
person
Taking into account
representative
authorities of employee
Conciliatory-
-contractual
Mutual
Since

2006 – taking into account opinion of elected body
primary trade union organization (art. 372 LC RF)
In creation way local normative acts aredevided (Khnykin G.V., 2004):InitialPredicated by groupauthorities juridical personTaking into account representative

Слайд 20Judicial practice in Russia
LL source:
not accepted
accepted
Judicial practice – is based,

united opinion
of courts about applicable law norms, showed up
in united

business dispatch of definite
categorie (Bezina A.K., 1989)

Wide meaning

Narrow meaning

Judicial practice in RussiaLL source:not acceptedacceptedJudicial practice – is based, united opinionof courts about applicable law norms,

Слайд 21Judiciary law in source system of labour law : FOR and

AGAINST
It is considered, that activity is:

of all courts, produced
«law cases»,
Constitutional

Court of
Russia and Supreme Court of Russia;
Acts of higher jurisdiction authorities of Federation and
subjects made «behaviour model».

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.

Judiciary law in source system of labour law : FOR and AGAINST	It is considered, that activity is:of

Слайд 22Mavrin S.P., Grebenshchikov A.V. (2007):
Cases of resolutions of Plenary

Session Supreme Soviet Russia consist original and not dubbed statements

in law.
Courts have the right:
2) check normative acts and declare them invalid
(art. 46 Constitution of Russia);
3) direct application of Constitution of Russia.

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

Mavrin S.P., Grebenshchikov A.V. (2007): Cases of resolutions of Plenary Session Supreme Soviet Russia consist original and

Слайд 23Literature:
Bezina A.K. Judiciary law in mechanism of law regulation in


labour relations. Kazan, 1989.
2. Labour law in Russia: tutorial

/In edition S.P. Mavrin,
E.B. Khohlov. М., 2007.
3. Kuzmenko A.V. Subject of labour law in Russia: experience of
system-juridical research. Saint-Petersburg, 2005.
4. Soviet labour law: tutorial /In edition B.K. Begichev, A.D.
Zaikin, М., 1985.
5. Course of Russian labour law. In 3 v. V. 1: General part /
In edition E.B. Khohlov. Saint-Petersburg, 1996.
6. Molodcov M.V., Golovina S.Y. Labour law of Russia: Tutorial
for higher institutions. М., 2003.
Literature:Bezina A.K. Judiciary law in mechanism of law regulation in labour relations. Kazan, 1989. 2. Labour law

Слайд 24Literature:
7. Skachkova G.S. Extension of activity sphere in labour
law

and differentiation of its norms. М., 2003.
8. Dubrovsky N.

Full explanatory dictionary of all widespread
foreign words, entered into Russian. М., 1907.
9. Khnykin G.V. Local normative acts of labour
law. Ivanovo, 2004.
10. Shershenevich G. F. Philosophy of law. Part theoretical. Vol.
General theory of law. Vol. 1-4 (in one volume.) Riga: David
Gliksman, 1924.

Literature:7. Skachkova G.S. Extension of activity sphere in labour law and differentiation of its norms. М., 2003.

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