The Labor Code of the Russian Federation is a set of labor laws that regulate labor relations between employees and employers. With the help of these laws, the basic rights and obligations of those involved in the labor process are established.
With the help of TC they are created optimal working conditions and there is an agreement in labor disputes according to the laws. The Labor Code guarantees workers the right to protection of dignity, social insurance, and compensation for harm caused to the employee’s health in the process of work.
The Labor Code of the Russian Federation was adopted on December 30. 2001 and has the designation 197-FZ. In the process of using the Labor Code, as necessary, changes and additions are made to it related to the new requirements of working life. The TC version 2016 consists of 424 articles, located in 62 chapters, 14 sections and 6 parts.
Who needs to know TC?
The main provisions of the Labor Code should be understood, first of all, by employees and employers.
Workers need to know the basic provisions of the laws in order not to be deceived in financial payments and to have their rights violated, including the right to rest.
Employers must be aware of the provisions of the code in order to ensure all workers' rights and avoid unnecessary confrontations and. At the same time, almost all conflicts that arise between the two parties involved in the labor process can be resolved with the help of the Labor Code.
The main provisions of the Labor Code must also be presented to young people who are just entering the workforce. Knowing their rights and obligations described in the Labor Code, they will be able to correctly assess the correctness of the agreement concluded with the employer.
Accurate knowledge of the Labor Code is necessary for those people who often encounter the practical application of the code. This applies to personnel department employees, heads of enterprises and companies, and labor protection department employees.
Thus, with the help of the Labor Code of the Russian Federation, the entire range of relationships that exist in the process of labor activity is regulated.
Brief history of labor legislation in Russia
The labor code was first adopted in France in 1910. In Russia, labor legislation was introduced in 1918 in the form of the Labor Code (LC). This Labor Code, with amendments and additions, was in force until the adoption of the new Labor Code of the Russian Federation.
Comparison of Labor Code and Labor Code
Compared to the Labor Code, the Labor Code has the following main differences: 
- the Labor Code contains 424 articles, while the Labor Code contained only 225 articles. This speaks to the expansion of the scope of labor laws;
- The Labor Code is focused on market relations in the country, a variety of forms of ownership, and the acceptance of labor resources as a commodity, while the Labor Code was designed for regulated labor;
- The Labor Code regulates the entire variety of labor relations without reference to any by-laws. In the Labor Code on issues related to market relations there were references to other laws;
- The Labor Code provides a minimum set of rights and obligations for employees and employers, which gives wide scope for the terms of a real employment agreement. According to the Labor Code, all employers and employees had the same set of rights and obligations;
- The Labor Code introduced a new concept of “social partnership”. Thus, the contractual nature of labor and equality (partnership) of workers and employers are declared;
- According to the Labor Code, when going to work, a mandatory written labor agreement is required. According to the Labor Code, such confirmation is not necessary - it was enough to go to work.
What employees and employers need to know
Sections of the Labor Code
The Labor Code of the Russian Federation consists of 6 parts.
First part
Dedicated to the basics of labor legislation, concepts, principles and objectives of the code. It introduced articles related to the prohibition of discrimination in labor activities, forced labor, the delimitation of labor powers between various branches of government, as well as the priority of the Labor Code over other labor laws.
This section provides a general concept of employee and employer and defines labor discrimination and forced labor. At the same time, the concept of forced labor in the Labor Code has a broader interpretation than in the ILO Convention. The Labor Code also includes forced labor in cases where the employer does not fully pay or forces the employee to work in conditions that pose a danger to his life or health.
In Art. 20 defines the concepts of employee and employer. An employee is a person who has entered into an employment relationship with an employer. The employer may be or.
Second part
Relations in the sphere of labor are considered as social partnership. The basic concepts and principles of social partnership are given. At the same time, social partnership is understood as a system that determines the relationship between employees, employers and authorities. This system must reconcile the interests of the parties involved in the labor process.
Trade unions are recognized as representatives of employees in the Labor Code, and managers of enterprises or other authorized persons are recognized as representatives of the employer.
The third part
Dedicated to the employment contract, which is the main instrument of labor relations and regulates them from conclusion to termination of the contract.
The concept of an employment contract includes the responsibilities of the employer and the employee.
The employer is obliged to provide for the performance of labor activities and pay wages, and the employee must work and maintain discipline.
This part of the Labor Code deals with the issues of concluding, amending and terminating an employment contract. It also introduces the concept of employee personal data, which the employer is obliged to protect.
The fourth section of Part 3 of the Labor Code introduces the concept and discusses various options for its use. In accordance with the Labor Code, working time is the time an employee performs his labor duties in accordance with the employment contract.
Working time also includes some periods of time classified as working time according to the laws of the Russian Federation and the Labor Code of the Russian Federation. In this case, normal working hours are 40 hours per week.
Section 5 of the third part of the Labor Code is devoted to the concept of rest time, that is, time 
, during which the employee is freed from work and during which he can rest.
This section covers different types of rest time, from lunch breaks to. In particular, the employee must be given a meal break of at least 30 minutes. Depending on the length of the working week, 1 or 2 days of rest must be provided per week.
Every employee must be granted 28 days' annual leave with pay.
Teenagers, managers, part-time workers, seasonal workers, shift workers. Categories such as homeworkers, remote workers, people working in the Far North and other categories of workers are also considered.
Fifth part
Dedicated to the protection of labor rights and freedoms, consideration of labor disputes, including with the participation of trade unions.
Sixth part
The final part of the Labor Code provides the procedure and timing for the implementation of this code.
Part I
Section I. General provisions
Article 1. Goals and objectives of labor legislation
Article 2. Basic principles of legal regulation of labor relations and other relations directly related to them
Article 3. Prohibition of discrimination in the sphere of labor
Article 4. Prohibition of forced labor
Article 5. Labor legislation and other acts containing labor law norms
Article 6. Division of powers between federal government bodies and government bodies of the constituent entities of the Russian Federation in the field of labor relations and other relations directly related to them
Article 7. Lost force
Article 8. Local regulations containing labor law norms
Article 9. Regulation of labor relations and other relations directly related to them in a contractual manner
Article 10. Labor legislation, other acts containing labor law norms, and international law norms
Article 11. Effect of labor legislation and other acts containing labor law norms
Article 12. Effect of labor legislation and other acts containing labor law norms over time
Article 13. Effect of labor legislation and other acts containing labor law norms in space
Article 14. Calculation of deadlines
Article 15. Labor relations
Article 16. Grounds for the emergence of labor relations
Article 17. Labor relations arising on the basis of an employment contract as a result of election to a position
Article 18. Labor relations arising on the basis of an employment contract as a result of election by competition
Article 19. Labor relations arising on the basis of an employment contract as a result of appointment to a position or confirmation in a position
Article 19.1 Labor relations arising on the basis of an employment contract as a result of recognition of relations associated with the use of personal labor and arising on the basis of a civil law contract as labor relations
Article 20. Parties to labor relations
Article 21. Basic rights and obligations of the employee
Article 22. Basic rights and obligations of the employer
Part II
Section II. Social partnership in the sphere of labor
Article 23. The concept of social partnership in the world of work
Article 24. Basic principles of social partnership
Article 25. Parties to social partnership
Article 26. Levels of social partnership
Article 27. Forms of social partnership
Article 28. Peculiarities of application of the norms of this section
Article 29. Employee representatives
Article 30. Representation of the interests of workers by primary trade union organizations
Article 31. Other representatives of employees
Article 32. Obligations of the employer to create conditions ensuring the activities of employee representatives
Article 33. Representatives of employers
Article 34. Other representatives of employers
Article 35. Commissions for the regulation of social and labor relations
Article 35.1. Participation of social partnership bodies in the formation and implementation of state labor policy
Article 36. Conducting collective bargaining
Article 37. Procedure for conducting collective bargaining
Article 38. Settlement of disagreements
Article 39. Guarantees and compensation for persons participating in collective bargaining
Article 40. Collective agreement
Article 41. Content and structure of the collective agreement
Article 42. Procedure for developing a draft collective agreement and concluding a collective agreement
Article 43. Validity of the collective agreement
Article 44. Amendments and additions to the collective agreement
Article 45. Agreement. Types of agreements
Article 46. Content and structure of the agreement
Article 47. Procedure for developing a draft agreement and concluding an agreement
Article 48. Validity of the agreement
Article 49. Amendments and additions to the agreement
Article 50. Registration of a collective agreement, agreement
Article 51. Monitoring the implementation of a collective agreement, agreement
Article 52. The right of employees to participate in the management of the organization
Article 53. Main forms of employee participation in the management of the organization
Article 54. Responsibility for evading participation in collective negotiations, failure to provide information necessary for conducting collective negotiations and monitoring compliance with the collective agreement, agreement
Article 55. Liability for violation or failure to comply with a collective agreement or agreement
Part III
Section III. Employment contract
Article 56. Concept of an employment contract. Parties to the employment contract
Article 56.1. Prohibition of agency labor
Article 57. Contents of the employment contract
Article 58. Duration of the employment contract
Article 59. Fixed-term employment contract
Article 60. Prohibition to demand performance of work not stipulated by the employment contract
Article 60.1. Part-time work
Article 60.2. Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract
Article 61. Entry into force of an employment contract
Article 62. Issuance of copies of documents related to work
Article 63. Age at which it is permissible to conclude an employment contract
Article 64. Guarantees when concluding an employment contract
Article 64.1. Conditions for concluding an employment contract with former state and municipal employees
Article 65. Documents presented when concluding an employment contract
Article 66. Work record book
Article 67. Form of employment contract
Article 68. Registration of employment
Article 69. Medical examination (examination) upon concluding an employment contract
Article 70. Employment test
Article 71. Result of employment test
Article 72. Changes in the terms of the employment contract determined by the parties
Article 72.1. Transfer to another job. Moving
Article 72.2. Temporary transfer to another job
Article 73. Transfer of an employee to another job in accordance with a medical report
Article 74. Changes in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions
Article 75. Labor relations when changing the owner of the organization’s property, changing the jurisdiction of the organization, or its reorganization
Article 76. Suspension from work
Article 77. General grounds for termination of an employment contract
Article 78. Termination of an employment contract by agreement of the parties
Article 79. Termination of a fixed-term employment contract
Article 80. Termination of an employment contract at the initiative of the employee (at his own request)
Article 81. Termination of an employment contract at the initiative of the employer
Article 82. Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer
Article 83. Termination of an employment contract due to circumstances beyond the control of the parties
Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law
Article 84.1. General procedure for registering termination of an employment contract
Article 85. The concept of employee personal data. Processing of employee personal data
Article 86. General requirements for the processing of employee personal data and guarantees of their protection
Article 87. Storage and use of personal data of employees
Article 88. Transfer of personal data of an employee
Article 89. Rights of employees in order to ensure the protection of personal data stored by the employer
Article 90. Liability for violation of the rules governing the processing and protection of employee personal data
Section IV. Work time
Article 91. Concept of working time. Normal working hours
Article 92. Shortened working hours
Article 93. Part-time work
Article 94. Duration of daily work (shift)
Article 95. Duration of work on the eve of non-working holidays and weekends
Article 96. Night work
Article 97. Work outside the established working hours
Article 98. Repealed
Article 99. Overtime work
Article 100. Working hours
Article 101. Irregular working hours
Article 102. Working in flexible working hours
Article 103. Shift work
Article 104. Summarized recording of working time
Article 105. Division of the working day into parts
Section V. Rest time
Article 106. Concept of rest time
Article 107. Types of rest time
Article 108. Breaks for rest and food
Article 109. Special breaks for heating and rest
Article 110. Duration of weekly uninterrupted rest
Article 111. Weekends
Article 112. Non-working holidays
Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays
Article 114. Annual paid holidays
Article 115. Duration of annual basic paid leave
Article 116. Annual additional paid leave
Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions
Article 118. Annual additional paid leave for the special nature of work
Article 119. Annual additional paid leave for employees with irregular working hours
Article 120. Calculation of the duration of annual paid leave
Article 121. Calculation of length of service giving the right to annual paid leave
Article 122. Procedure for granting annual paid leave
Article 123. Sequence of granting annual paid leave
Article 124. Extension or postponement of annual paid leave
Article 125. Division of annual paid leave into parts. Review from vacation
Article 126. Replacement of annual paid leave with monetary compensation
Article 127. Exercise of the right to leave upon dismissal of an employee
Article 128. Leave without pay
Section VI. Payment and labor standards
Article 129. Basic concepts and definitions
Article 130. Basic state guarantees for remuneration of workers
Article 131. Forms of remuneration
Article 132. Remuneration for work
Article 133. Establishment of the minimum wage
Article 133.1. Establishment of the minimum wage in a constituent entity of the Russian Federation
Article 134. Ensuring an increase in the level of real wages
Article 135. Setting wages
Article 136. Procedure, place and terms of payment of wages
Article 137. Limitation of deductions from wages
Article 138. Limitation on the amount of deductions from wages
Article 139. Calculation of average wages
Article 140. Terms of payment upon dismissal
Article 141. Issuance of wages not received by the day of the employee’s death
Article 142. Responsibility of the employer for violation of deadlines for payment of wages and other amounts due to the employee
Article 143. Tariff systems of remuneration
Article 144. Remuneration systems for employees of state and municipal institutions
Article 145. Remuneration of heads of organizations, their deputies and chief accountants
Article 146. Remuneration under special conditions
Article 147. Remuneration for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions
Article 148. Remuneration for work in areas with special climatic conditions
Article 149. Remuneration for labor in other cases of work performed in conditions deviating from normal
Article 150. Remuneration for work of various qualifications
Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work determined by the employment contract
Article 152. Payment for overtime work
Article 153. Remuneration for work on weekends and non-working holidays
Article 154. Remuneration for work at night
Article 155. Remuneration for failure to comply with labor standards, failure to fulfill labor (official) duties
Article 156. Remuneration for labor in the manufacture of products that turned out to be defective
Article 157. Payment for downtime
Article 158. Remuneration for development of new industries (products)
Article 159. General provisions
Article 160. Labor standards
Article 161. Development and approval of standard labor standards
Article 162. Introduction, replacement and revision of labor standards
Article 163. Ensuring normal working conditions to meet production standards
Section VII. Guarantees and compensation
Article 164. Concept of guarantees and compensation
Article 165. Cases of providing guarantees and compensation
Article 166. The concept of a business trip
Article 167. Guarantees when sending employees on business trips
Article 168. Reimbursement of expenses associated with a business trip
Article 168.1. Reimbursement of expenses associated with business trips of employees whose permanent work is carried out on the road or has a traveling nature, as well as work in the field, work of an expeditionary nature
Article 169. Reimbursement of expenses when moving to work in another area
Article 170. Guarantees and compensations for employees involved in the performance of state or public duties
Article 171. Guarantees for employees elected to trade union bodies and labor dispute commissions
Article 172. Guarantees for employees elected to elective positions in state bodies and local government bodies
Article 173. Guarantees and compensations for employees combining work with study in educational institutions of higher professional education, and employees entering these educational institutions
Article 173.1. Guarantees and compensations for employees combining work with higher education - training of highly qualified personnel, as well as employees admitted to compete for the academic degree of Candidate of Sciences or Doctor of Sciences
Article 174. Guarantees and compensations for employees studying in educational institutions of secondary vocational education, and for employees entering these educational institutions
Article 175. Guarantees and compensations for employees studying in educational institutions of primary vocational education
Article 176. Guarantees and compensations for employees studying in evening (shift) educational institutions
Article 177. The procedure for providing guarantees and compensation to employees combining work with training
Article 178. Severance pay
Article 179. Preferential right to remain at work in the event of a reduction in the number or staff of employees
Article 180. Guarantees and compensation to employees in the event of liquidation of an organization, reduction of the number or staff of employees of the organization
Article 181. Guarantees to the head of the organization, his deputies and the chief accountant upon termination of the employment contract due to a change in the owner of the organization’s property
Article 181.1 Severance pay, compensation and other payments to employees in certain cases of termination of employment contracts
Article 182. Guarantees when transferring an employee to another lower-paid job
Article 183. Guarantees for an employee in case of temporary disability
Article 184. Guarantees and compensation in case of accident at work and occupational disease
Article 185. Guarantees for employees sent for a medical examination (examination)
Article 186. Guarantees and compensation to employees in case they donate blood and its components
Article 187. Guarantees and compensations for employees sent by the employer for advanced training
Article 188. Reimbursement of expenses when using personal property of an employee
Section VIII. Work schedule. Labor discipline
Article 189. Labor discipline and work schedule
Article 190. Procedure for approval of internal labor regulations
Article 191. Incentives for work
Article 192. Disciplinary sanctions
Article 193. Procedure for applying disciplinary sanctions
Article 194. Removal of disciplinary sanctions
Article 195. Bringing to disciplinary liability the head of the organization, the head of the structural unit of the organization, their deputies at the request of the representative body of employees
Section IX. Professional training, retraining and advanced training of workers
Article 195.1. Concepts of employee qualifications, professional standards
Article 195.2. The procedure for developing and approving professional standards
Article 195.3. The procedure for applying professional standards
Article 196. Rights and obligations of the employer regarding training and retraining of personnel
Article 197. The right of workers to professional training, retraining and advanced training
Article 198. Student agreement
Article 199. Contents of the student agreement
Article 200. Duration and form of the student agreement
Article 201. Validity of the student agreement
Article 202. Organizational forms of apprenticeship
Article 203. Time of apprenticeship
Article 204. Payment for apprenticeship
Article 205. Extension of labor legislation to students
Article 206. Invalidity of the terms of the student agreement
Article 207. Rights and obligations of apprentices upon completion of apprenticeship
Article 208. Grounds for termination of a student agreement
Section X. Labor protection
Article 209. Basic concepts
Article 210. Main directions of state policy in the field of labor protection
Article 211. State regulatory requirements for labor protection
Article 212. Obligations of the employer to ensure safe conditions and labor protection
Article 213. Medical examinations of certain categories of workers
Article 214. Responsibilities of an employee in the field of labor protection
Article 215. Compliance of production facilities and products with state regulatory requirements for labor protection
Article 216. State management of labor protection
Article 216.1. State examination of working conditions
Article 217. Labor protection service in an organization
Article 218. Committees (commissions) on labor protection
Article 219. The employee’s right to work in conditions that meet labor protection requirements
Article 220. Guarantees of the right of workers to work in conditions that meet labor protection requirements
Article 221. Providing workers with personal protective equipment
Article 222. Distribution of milk and therapeutic and preventive nutrition
Article 223. Sanitary, medical and preventive services for workers
Article 224. Additional guarantees of labor protection for certain categories of workers
Article 225. Education and training in the field of labor protection
Article 226. Financing of measures to improve working conditions and safety
Article 227. Accidents subject to investigation and recording
Article 228. Obligations of the employer in case of an accident
Article 228.1. Procedure for reporting accidents
Article 229. Procedure for forming accident investigation commissions
Article 229.1. Time frame for accident investigations
Article 229.2. Procedure for conducting accident investigations
Article 229.3. Investigation of accidents by state labor inspectors
Article 230. Procedure for preparing accident investigation materials
Article 230.1. The procedure for registration and recording of industrial accidents
Article 231. Consideration of disagreements on issues of investigation, registration and recording of accidents
Section XI. Material liability of the parties to the employment contract
Article 232. Obligation of a party to an employment contract to compensate for damage caused by it to the other party to this contract
Article 233. Conditions for the onset of financial liability of a party to an employment contract
Article 234. The employer’s obligation to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work
Article 235. Financial liability of the employer for damage caused to the employee’s property
Article 236. Financial liability of the employer for delay in payment of wages and other payments due to the employee
Article 237. Compensation for moral damage caused to an employee
Article 238. Financial liability of an employee for damage caused to the employer
Article 239. Circumstances excluding the financial liability of an employee
Article 240. The employer’s right to refuse to recover damages from an employee
Article 241. Limits of employee’s financial liability
Article 242. Full financial liability of the employee
Article 243. Cases of full financial liability
Article 244. Written agreements on the full financial responsibility of employees
Article 245. Collective (team) financial liability for damage
Article 246. Determination of the amount of damage caused
Article 247. The employer’s obligation to establish the amount of damage caused to him and the cause of its occurrence
Article 248. Procedure for recovery of damages
Article 249. Reimbursement of costs associated with employee training
Article 250. Reduction by the labor dispute resolution body of the amount of damage to be recovered from the employee
Part IV
Section XII. Peculiarities of labor regulation for certain categories of workers
Article 251. Peculiarities of labor regulation
Article 252. Grounds and procedure for establishing the specifics of labor regulation
Article 253. Work in which the use of women’s labor is limited
Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years
Article 255. Maternity leave
Article 256. Parental leave
Article 257. Leave for employees who have adopted a child
Article 258. Breaks for feeding a child
Article 259. Guarantees for pregnant women and persons with family responsibilities when sent on business trips, involved in overtime work, night work, weekends and non-working holidays
Article 260. Guarantees for women in connection with pregnancy and childbirth when establishing the priority for granting annual paid leave
Article 261. Guarantees for pregnant women, women with children, and persons raising children without a mother upon termination of an employment contract
Article 262. Additional days off for persons caring for disabled children and women working in rural areas
Article 262.1. The order of granting annual paid leave to persons raising disabled children
Article 263. Additional leaves without pay for persons caring for children
Article 264. Guarantees and benefits for persons raising children without a mother
Article 265. Work in which the employment of persons under the age of eighteen is prohibited
Article 266. Medical examinations (examinations) of persons under the age of eighteen
Article 267. Annual basic paid leave for employees under the age of eighteen
Article 268. Prohibition of sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of workers under the age of eighteen years
Article 269. Additional guarantees for employees under the age of eighteen upon termination of an employment contract
Article 270. Production standards for workers under eighteen years of age
Article 271. Remuneration for workers under the age of eighteen with a reduced duration of daily work
Article 272. Peculiarities of employment of persons under the age of eighteen
Article 273. General provisions
Article 274. Legal basis for regulating the work of the head of an organization
Article 275. Conclusion of an employment contract with the head of the organization
Article 276. Part-time work of the head of an organization
Article 277. Financial liability of the head of the organization
Article 278. Additional grounds for termination of an employment contract with the head of an organization
Article 279. Guarantees to the head of the organization in case of termination of the employment contract
Article 280. Early termination of an employment contract on the initiative of the head of the organization
Article 281. Peculiarities of labor regulation of members of the collegial executive body of the organization
Article 282. General provisions on part-time work
Article 283. Documents presented when applying for part-time work
Article 284. Duration of working hours when working part-time
Article 285. Remuneration for persons working part-time
Article 286. Leave when working part-time
Article 287. Guarantees and compensations for persons working part-time
Article 288. Additional grounds for termination of an employment contract with persons working part-time
Article 289. Conclusion of an employment contract for a period of up to two months
Article 290. Engagement in work on weekends and non-working holidays
Article 291. Paid holidays
Article 292. Termination of an employment contract
Article 293. Seasonal work
Article 294. Peculiarities of concluding an employment contract for seasonal work
Article 295. Paid holidays for employees engaged in seasonal work
Article 296. Termination of an employment contract with employees engaged in seasonal work
Article 297. General provisions on work on a rotational basis
Article 298. Restrictions on work on a rotational basis
Article 299. Duration of watch
Article 300. Recording of working time when working on a rotational basis
Article 301. Work and rest schedules when working on a rotational basis
Article 302. Guarantees and compensation for persons working on a rotational basis
Article 303. Conclusion of an employment contract with an employer - an individual
Article 304. Duration of the employment contract
Article 305. Work and rest schedules
Article 306. Changes in the terms of the employment contract determined by the parties by the employer
Article 307. Termination of an employment contract
Article 308. Resolution of individual labor disputes
Article 309. Documents confirming the period of work with employers - individuals
Article 309.1. General provisions
Article 309.2 Regulation of labor relations and other directly related relations with the employer - a small business entity, which is classified as a micro-enterprise, by local regulations containing labor law norms, and employment contracts
Article 310. Homeworkers
Article 311. Conditions under which home work is permitted
Article 312. Termination of an employment contract with homeworkers
Article 312.1. General provisions
Article 312.2. Features of concluding and changing the terms of an employment contract on remote work
Article 312.3. Features of the organization and labor protection of remote workers
Article 312.4. Peculiarities of working time and rest time for a remote worker
Article 312.5. Features of termination of an employment contract for remote work
Article 313. Guarantees and compensation for persons working in the Far North and equivalent areas
Article 314. Work experience required to receive guarantees and compensation
Article 315. Remuneration
Article 316. Regional coefficient for wages
Article 317. Percentage supplement to wages
Article 318. State guarantees for an employee dismissed due to the liquidation of the organization or reduction in the number or staff of the organization’s employees
Article 319. Additional day off
Article 320. Shortened working week
Article 321. Annual additional paid leave
Article 322. Procedure for granting and combining annual paid leave
Article 323. Guarantees of medical care
Article 324. Conclusion of an employment contract with persons recruited to work in the regions of the Far North and equivalent areas from other areas
Article 325. Compensation for the cost of travel and luggage transportation to the place of vacation use and back
Article 326. Compensation for expenses associated with relocation
Article 327. Other guarantees and compensation
Article 327.1. General provisions
Article 327.2. Features of concluding an employment contract with an employee who is a foreign citizen or stateless person
Article 327.3. Documents presented by a foreign citizen or stateless person when applying for a job
Article 327.4. Features of temporary transfer of an employee who is a foreign citizen or stateless person
Article 327.5. Peculiarities of removal from work of an employee who is a foreign citizen or stateless person
Article 327.6. Features of termination of an employment contract with an employee who is a foreign citizen or stateless person
Article 327.7. Features of payment of severance pay to an employee who is a foreign citizen or stateless person
Article 328. Hiring for work directly related to the movement of vehicles
Article 329. Working time and rest time for employees whose work is directly related to the movement of vehicles
Article 330. Discipline of workers whose work is directly related to the movement of vehicles
Article 330.1. General provisions
Article 330.2. Features of admission to underground work
Article 330.3. Medical examinations (examinations) of workers engaged in underground work
Article 330.4. Removal from work of workers engaged in underground work
Article 330.5. Additional responsibilities of the employer when organizing and conducting underground work
Article 331. The right to engage in teaching activities
Article 331.1. Features of removal from work of teaching staff
Article 332. Peculiarities of concluding and terminating an employment contract with employees of organizations engaged in educational activities for the implementation of educational programs of higher education and additional professional programs
Article 333. Duration of working hours of teaching staff
Article 334. Annual basic extended paid leave
Article 335. Long leave of teaching staff
Article 336. Additional grounds for termination of an employment contract with a teaching employee
Article 336.1. Features of concluding and terminating an employment contract with a researcher
Article 336.2. Head of a scientific organization, deputy heads of a scientific organization
Article 336.3. Additional grounds for termination of an employment contract with the head, deputy head of a scientific organization
Article 337. Bodies sending employees to diplomatic missions and consular offices of the Russian Federation, as well as to representative offices of federal executive authorities and state institutions of the Russian Federation abroad
Article 338. Employment contract with an employee sent to work at a representative office of the Russian Federation abroad
Article 339. Working and rest conditions of workers sent to work in representative offices of the Russian Federation abroad
Article 340. Guarantees and compensation for employees sent to work in representative offices of the Russian Federation abroad
Article 341. Grounds for termination of work in a representative office of the Russian Federation abroad
Article 341.1. General provisions
Article 341.2. Peculiarities of labor regulation for workers sent temporarily by a private employment agency to other individuals or legal entities under an agreement on the provision of labor for workers (personnel)
Article 341.3. Peculiarities of labor regulation of workers sent temporarily by an employer that is not a private employment agency to other legal entities under an agreement on the provision of labor for workers (personnel)
Article 341.4. Investigation of an accident that occurred with an employee sent temporarily to work under a contract for the provision of labor for workers (personnel) and participating in the production activities of the receiving party
Article 341.5. Vicarious liability for the employer’s obligations arising from labor relations with employees sent temporarily to work under a contract for the provision of labor for employees (personnel)
Article 342. Parties to an employment contract in a religious organization
Article 343. Internal regulations of a religious organization
Article 344. Peculiarities of concluding an employment contract with a religious organization and changing it
Article 345. Working hours of persons working in religious organizations
Article 346. Financial liability of employees of religious organizations
Article 347. Termination of an employment contract with an employee of a religious organization
Article 348. Consideration of individual labor disputes among employees of religious organizations
Article 348.1. General provisions
Article 348.2. Features of concluding employment contracts with athletes and coaches
Article 348.3. Medical examinations of athletes
Article 348.4. Temporary transfer of an athlete to another employer
Article 348.5. Removal of an athlete from participation in sports competitions
Article 348.6. Sending athletes and coaches to sports teams of the Russian Federation
Article 348.7. Features of the work of an athlete, part-time coach
Article 348.8. Peculiarities of labor regulation for athletes under the age of eighteen
Article 348.9. Peculiarities of labor regulation for women athletes
Article 348.10. Additional guarantees and compensation for athletes and coaches
Article 348.11. Additional grounds for termination of an employment contract with an athlete
Article 348.11-1. Additional grounds for terminating an employment contract with a coach
Article 348.12. Features of termination of an employment contract with an athlete or coach
Article 349. Regulation of the labor of persons working in organizations of the Armed Forces of the Russian Federation, federal executive bodies and federal state bodies in which the legislation of the Russian Federation provides for military service, as well as workers undergoing alternative civilian service replacing military service
Article 349.1. Features of labor regulation of employees of state corporations, public law companies, state companies
Article 349.2. Peculiarities of labor regulation for employees of the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, and other organizations created by the Russian Federation on the basis of federal laws, organizations created to fulfill the tasks assigned to federal government bodies
Article 349.3. Limitation of the amount of severance pay, compensation and other payments in connection with the termination of employment contracts for certain categories of employees
Article 349.4. Peculiarities of labor regulation for certain categories of employees of credit institutions
Article 349.5. Posting information on the average monthly salary of managers, their deputies and chief accountants of organizations on the Internet information and telecommunications network
Article 350. Some features of regulation of the labor of medical workers
Article 351. Regulation of the labor of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works
Article 351.1. Restrictions on employment in the field of education, upbringing, development of minors, organization of their recreation and health, medical care, social protection and social services, in the field of children's and youth sports, culture and art with the participation of minors
Article 351.2. Peculiarities of labor regulation for persons whose work activities are related to the preparation and holding of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup in the Russian Federation
Article 351.3. Some features of labor regulation of workers in the field of special assessment of working conditions
Article 351.4. Additional grounds for termination of an employment contract with an assistant, a notary employee
Article 351.5. Peculiarities of labor activity of persons working for residents of the territory of rapid socio-economic development
Part V
Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
Article 352. Methods of protecting labor rights and freedoms
Article 353. State control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms
Article 353.1. Departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms
Article 354. Federal Labor Inspectorate
Article 355. Principles of activity and main tasks of the federal labor inspectorate
Article 356. Basic powers of the federal labor inspectorate
Article 357. Basic rights of state labor inspectors
Article 358. Responsibilities of state labor inspectors
Article 359. Independence of state labor inspectors
Article 360. Procedure for organizing and conducting inspections of employers
Article 361. Appeal against decisions of state labor inspectors
Article 362. Responsibility for violation of labor legislation and other regulatory legal acts containing labor law norms
Article 363. Responsibility for obstructing the activities of state labor inspectors
Article 364. Responsibility of state labor inspectors
Article 365. Interaction of the federal labor inspectorate with state bodies, local government bodies and organizations
Article 366. State supervision of compliance with requirements for the safe conduct of work at hazardous production facilities
Article 367. Federal state energy supervision
Article 368. Federal state sanitary and epidemiological supervision
Article 369. State supervision of compliance with nuclear and radiation safety requirements
Article 370. The right of trade unions to exercise control over compliance with labor legislation and other regulatory legal acts containing labor law norms, compliance with the terms of collective agreements and agreements
Article 371. Decision-making by the employer taking into account the opinion of the trade union body
Article 372. The procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations
Article 373. The procedure for taking into account the reasoned opinion of the elected body of the primary trade union organization when terminating an employment contract at the initiative of the employer
Article 374. Guarantees for employees who are members of the elected collegial bodies of trade union organizations and are not released from their main job
Article 375. Guarantees for released trade union workers
Article 376. Guarantees of the right to work for employees who were members of an elected trade union body
Article 377. Obligations of the employer to create conditions for the activities of the elected body of the primary trade union organization
Article 378. Liability for violation of the rights of trade unions
Article 379. Forms of self-defense
Article 380. Obligation of the employer not to interfere with employees in self-defense
Article 381. The concept of an individual labor dispute
Article 382. Bodies for consideration of individual labor disputes
Article 383. Procedure for considering labor disputes
Article 384. Formation of commissions on labor disputes
Article 385. Competence of the labor dispute commission
Article 386. Time limit for applying to the labor dispute commission
Article 387. Procedure for considering an individual labor dispute in a labor dispute commission
Article 388. The procedure for making a decision by the labor dispute commission and its content
Article 389. Execution of decisions of the commission on labor disputes
Article 390. Appealing the decision of the labor dispute commission and transferring the consideration of an individual labor dispute to the court
Article 391. Consideration of individual labor disputes in the courts
Article 392. Time limits for applying to court for resolution of an individual labor dispute
Article 393. Exemption of employees from legal costs
Article 394. Making decisions on labor disputes regarding dismissal and transfer to another job
Article 395. Satisfaction of employee’s monetary claims
Article 396. Execution of decisions on reinstatement at work
Article 397. Limitation of reverse recovery of amounts paid by decision of bodies considering individual labor disputes
Article 398. Basic concepts
Article 399. Putting forward demands of employees and their representatives
Article 400. Consideration of demands of employees, trade unions and their associations
Article 401. Conciliation procedures
Article 402. Consideration of a collective labor dispute by a conciliation commission
Article 403. Consideration of a collective labor dispute with the participation of a mediator
Article 404. Consideration of a collective labor dispute in labor arbitration
Article 405. Guarantees in connection with the resolution of a collective labor dispute
Article 406. Avoidance of participation in conciliation procedures
Article 407. Participation of state bodies for the settlement of collective labor disputes in the resolution of collective labor disputes
Article 408. Agreements reached during the resolution of a collective labor dispute
Article 409. Right to strike
Article 410. Declaration of a strike
Article 411. Body leading the strike
Article 412. Obligations of the parties to a collective labor dispute during a strike
Article 413. Illegal strikes
Article 414. Guarantees and legal status of workers in connection with a strike
Article 415. Prohibition of lockout
Article 416. Responsibility for avoiding participation in conciliation procedures, failure to comply with an agreement reached as a result of the conciliation procedure, non-execution or refusal to execute a labor arbitration decision
Article 417. Responsibility of workers for illegal strikes
Article 418. Maintaining documentation when considering and resolving a collective labor dispute
Article 419. Types of liability for violation of labor legislation and other acts containing labor law norms
Article 420. Time limits for the entry into force of this Code
Article 421. Procedure and terms for introducing the minimum wage provided for in part one of Article 133 of this Code
Article 422. Recognition of certain legislative acts as invalid
Article 423. Application of laws and other normative legal acts
Article 424. Application of this Code to legal relations that arose before and after its entry into force
Establishing state guarantees in the field of labor, creating favorable conditions for work, protecting the rights and interests of workers and employers are the main goals of labor legislation (Article 1 of the Labor Code of the Russian Federation). These questions are relevant for the vast majority of organizations and for many individual entrepreneurs. Let us recall that one of the fundamental documents regulating labor relations is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will talk about some of the main changes to the Labor Code in 2017 in our material.
Relief for micro-enterprises
From 01/01/2017, the Labor Code was supplemented with a new chapter 48.1 (Federal Law dated 07/03/2016 No. 348-FZ). It establishes some specifics for employers who are .
Thus, a microenterprise has the right to refuse, in whole or in part, the adoption of local labor regulations. We are talking, for example, about internal labor regulations, regulations on wages or bonuses, shift schedules, etc. However, this does not mean that such issues in a microenterprise will remain unresolved. Those conditions that should have been provided for by local regulations, if a microenterprise refuses to develop such acts, must be included directly in employment contracts with employees. To do this, the standard form of the employment contract approved by Government Decree No. 858 of August 27, 2016 should be used as the basis.
New mandatory document when concluding an employment contract
From 01/01/2017, the amendment to Art. adopted back in 2015 came into force. 65 of the Labor Code of the Russian Federation, concerning the list of documents presented when applying for a job. Let us remind you that persons subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances are not allowed to perform certain types of work until the end of such punishment (Clause 1, Article 10 of the Federal Law of July 13, 2015 No. 230 -FZ). These types of work include, for example:
- work directly related to ensuring transport security (clause 9, part 1, article 10 of the Federal Law of 02/09/2007 No. 16-FZ);
- work directly related to the movement of trains and shunting work (clause 3 of article 25 of the Federal Law of January 10, 2003 No. 17-FZ);
- work as a private security guard (clause 13 of article 11.1 of the Law of March 11, 1992 No. 2487-1).
Now, when applying for such types of work, it is necessary to present a certificate (Appendix No. 4 to the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of October 24, 2016 No. 665) indicating whether or not the person is subject to administrative punishment for such acts.
Amendments to the Labor Code: June 2017
The latest changes to the Labor Code at the time of preparation of the consultation were in June 2017. Vladimir Putin signed amendments to the Labor Code on June 18, 2017. These new amendments to the Labor Code of 2017 come into force 10 calendar days after the day of official publication (Article 6 of Federal Law No. 5-FZ of June 14, 1994). On the official Internet portal of legal information http://www.pravo.gov.ru, the latest changes to the Labor Code of the Russian Federation 2017 were published on June 18, 2017. This means that amendments to the Labor Code 2017 do not come into force on June 19 (the next day ), and after 10 days, i.e. 06/29/2017. After all, for changes to the Labor Code to come into force on June 19, 2017, they would have to be published on June 8, 2017.
Amendments to the Labor Code 2017 on wages
Amendments to Art. 152 of the Labor Code of the Russian Federation clarifies the procedure for paying overtime work. Let us remind you that, as a general rule, overtime work is paid for the first two hours at least one and a half times the rate, for subsequent hours - at least double the rate or is compensated by providing equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime work on weekends and non-working holidays, paid at an increased rate or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of “regular” overtime work is not taken into account.
Additionally, the specifics of remuneration on a weekend or non-working holiday have been clarified. Article 153 of the Labor Code of the Russian Federation establishes that all employees are paid at an increased rate for hours actually worked on a day off or a non-working holiday (from 00.00 to 24.00), even if such days account for only part of the working day (shift).
Today, February 1, 2017, is a rather significant date. Exactly 15 years ago the Labor Code of the Russian Federation was put into effect. To the question: “When was the Labor Code of the Russian Federation adopted?” we answer that it was adopted on December 30, 2001, on the basis of Art. 420 of the Labor Code of the Russian Federation came into force on February 1, 2002.
The Labor Code of the Russian Federation replaced the Labor Code of the Russian Federation, which was adopted in the last month of 1971. So the current code is still quite young compared to its predecessor. It is interesting that the last change to the Labor Code of the Russian Federation was made literally a week before the new code came into force. Based on the Resolution of the Constitutional Court of the Russian Federation, some norms were recognized as inconsistent with the Constitution.
Why was the new Labor Code adopted?
The Labor Code of the Russian Federation was adopted during the Soviet Union. And therefore, it did not meet the requirements of a real market economy, and the Constitution of the Russian Federation as well.
After 15 years of operation of the Labor Code of the Russian Federation, we can say that it was adopted in a very “raw” form, as evidenced by the intractable amendments and changes. I often remember the times when there were no legal reference systems, the Internet, and we usually pasted all changes and additions directly into a paper copy of the code.
In my opinion, the Labor Code of the Russian Federation was adopted as a kind of compromise solution aimed at securing the rights of workers and employers. At the same time, despite the fact that I fully support workers first and foremost, it is on employers that the current Labor Code has placed an unbearable burden of various guarantees and compensations, which often make it economically unprofitable to play by the rules. And this leads to ignoring the conclusion of employment contracts, gray salaries, and so on.
Perhaps this should not be associated with the entry into force of the Labor Code of the Russian Federation in 2002, but a clear stratification has occurred in our country. Now I don’t mean oligarchs and factory workers. I want to talk about ordinary employees who became “civil servants”, “municipal employees” and simply “state employees”. The gap in wage levels, various guarantees and compensation for workers, for example, in the social sphere, is very large. Doing the same job, people have very different standards of living, and the higher the worker rises through the ranks of state or municipal service, the higher it is.
Conclusion
Now you know when the Labor Code of the Russian Federation was adopted and what caused it. In my opinion, the need in society today is not to adopt a new Labor Law, no. It is necessary to implement the basic principles of the already existing Labor Code, namely:
- equality of rights and opportunities for workers;
- ensuring the right of every worker to payment of fair wages that ensure a decent existence for himself and his family.
Labor Code of the Russian Federation- codified legislative act (code) on labor, Federal Law No. 197-FZ of December 30, 2001. Entered into force on February 1, 2002, instead of the Labor Code of the RSFSR (Labor Code of the RSFSR) of 1971, which was in force before it. The Code defines labor relations between employees and employers and has priority over other adopted federal laws related to labor relations, Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.
The Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates issues of labor protection, professional training, retraining and advanced training, employment, and social partnership. The rules for remuneration and labor standards and the procedure for resolving labor disputes are established. Separate chapters are devoted to the peculiarities of legal regulation of the labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).
Sections of the Labor Code of the Russian Federation
- Section I. General provisions
- Section II. Social partnership in the sphere of labor
- Section III. Employment contract
- Section IV. Work time
- Section V. Rest time
- Section VI. Payment and labor standards
- Section VII. Guarantees and compensation
- Section VIII. Work routine, labor discipline
- Section IX. Professional training, retraining and advanced training of workers
- Section X. Labor protection
- Section XI. Material liability of the parties to the employment contract
- Section XII. Peculiarities of labor regulation for certain categories of workers
- Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
- Section XIV. Final provisions
Story
1918 Code
The first Russian labor code was adopted by the Bolsheviks in 1918. The main objective of the code was to regulate the relationship between the worker and the employer.
The Code introduced the following concepts:
- workers- persons working for remuneration;
- remuneration for work- provided in the form of money, services (for example, provision of housing) or products (including food);
- living wage- the minimum remuneration for labor established for a given area;
- preliminary test- a certain period preceding the final hiring for long-term work;
- normal working hours- the time established for the production of this work by the tariff regulations;
- shift work- continuous work, which requires several work shifts;
- overtime work- work beyond normal working hours was allowed in exceptional cases;
- holidays- established days on which work is not performed;
- production rate- the volume of work established by the pricing commission and approved by the labor department, performed under normal conditions during normal working hours;
- labor inspectorate- a body that protects the life, health and labor of persons engaged in economic activities;
- labor distribution department- a body responsible for registering the unemployed and providing them with jobs.
The first code introduced the following duties of workers:
- labor service- the duty of every citizen of the RSFSR;
- personal employment history- a document with notes on the work performed, remuneration and benefits received;
- the possibility of attracting the adult male working population to overtime work;
- performing a quantity of work not less than established production standards;
- compliance internal regulations;
- notification to the force distribution department and the trade union about the fact of replacement in the workplace of a worker who left the workplace without permission.
The following workers' rights were declared:
- right to work- the right to use labor in one’s specialty and for an established remuneration;
- remuneration for work is not lower than the established subsistence level;
- receiving remuneration for work at least once every two weeks;
- the possibility of dismissal at one's own request (in fact, this right was eliminated by the need to justify the reason for dismissal, which would satisfy the body of workers' self-government);
- The duration of normal working hours is no more than 8 day or 7 night hours per day.
- reduced working hours for persons under 18 years of age;
- reduced working hours in hard and hazardous work;
- lunch break;
- additional break for breastfeeding babies;
- weekly uninterrupted rest for at least 42 hours;
- shortened working day before a day of rest;
- annual leave;
- cash benefits and free medical care in case of illness, pregnancy and childbirth;
- unemployment benefits in the amount of remuneration due to the worker for work according to his tariff, group and category;
- benefits for workers working outside their specialty.
The Code explicitly prohibited workers from working during annual leave and holidays. When the fact of such work was established, the remuneration he received was withheld from the worker. It was also prohibited to receive additional remuneration for work other than for normal working hours and overtime. Payment of labor in advance was prohibited.
The following funds were introduced:
- Unemployment Insurance Fund;
- Local health insurance funds.
Four years later, in 1922, the code was revised.
1922 Code
The second code was adopted by a resolution of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, and Secretary of the All-Russian Central Executive Committee Enukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.
Compared to the previous code, new concepts were introduced, such as:
- pay book;
- severance pay;
The Code established an 8-hour working day, continuous rest of at least 42 hours, and an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the period before and after childbirth: 6 weeks before and 6 weeks after - for mental workers, 8 weeks - for manual workers; additional (except for lunch) breaks for feeding infants were also introduced.
The Code established a list of public holidays, and also introduced the concept of “clerical and mental work” professions. There was no old-age pension, instead there was only a “right to social security for disability.”
With some amendments, the code remained in effect for almost half a century.
Labor Code of 1971 (LC)
In 1971, a new code was adopted, which established a 41-hour work week, added new holidays and new benefits, including establishing the right to parental leave until the child reaches 3 years of age while maintaining his job. The new code was more lenient compared to the code
