Protection labor rights and the legitimate interests of workers by trade unions has been established as one of the main ways to protect labor rights and freedoms, along with state supervision and control over compliance with labor laws, self-defense of labor rights by workers and judicial protection. Unlike state supervision and control over compliance with labor legislation and other normative legal acts containing labor law norms carried out by state bodies and officials, trade unions conduct trade union control and apply its public forms and methods.

Trade unions are also entitled to elect authorized (trusted) persons for labor protection of trade unions.

Trade unions have the right to exercise control over the observance by employers and their representatives of labor legislation and other normative legal acts containing labor law norms, as well as over the fulfillment of the terms of collective agreements and agreements.

Trade unions may establish legal and technical labor inspectorates to exercise control, which are vested with the powers provided for in the established regulations. The right to create them belongs to all-Russian trade unions and their associations, which approve the said regulations on these inspections. For example, the largest union of trade unions - the Federation of Independent Trade Unions of Russia (FNPR), by a resolution of the Executive Committee of the FNPR of May 22, 2002, approved the "Model Regulations of the Trade Union Legal Labor Inspectorate". This Regulation defines the tasks of the trade union legal labor inspectorate, its main functions, the rights and obligations of trade union legal labor inspectors and the organizational basis for its activities.

Interregional as well as territorial associations (associations) of organizations of trade unions operating on the territory of one subject of the Russian Federation may create legal and technical inspections of trade unions and adopt regulations that must comply with the model regulations of the corresponding all-Russian association of trade unions.

The rights of trade union inspectors in the field of public control, covering the labor activity of workers and aimed at protecting the labor rights and legitimate interests of workers, are established in Article 370 of the Labor Code of the Russian Federation. Union labor inspectors in due course have the right "to freely visit employers who employ members of this trade union to conduct inspections of compliance with labor legislation, other acts containing labor law, legislation on trade unions, compliance with the terms of a collective agreement, agreement." Trade union labor inspectors, authorized persons for labor protection of trade unions have the right to exercise control over compliance by employers with labor legislation and other acts. They can conduct an independent examination of working conditions and ensuring the safety of workers, take part in the investigation of accidents at work and occupational diseases, receive full information about them, as well as information on the state of working conditions and labor protection from managers and other officials of the organization, individual entrepreneurs- employers.

Trade union labor inspectors and authorized persons of trade unions also have the right to: protect the rights and legitimate interests of trade union members on issues of compensation for harm caused to their health at work; take part in the development of draft federal laws and other regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation. It is worth noting that trade unions rely on paragraph 2 of Article 55 of the Constitution of the Russian Federation, which provides that “laws should not be issued that abolish or diminish the rights and freedoms of a person and citizen.”

The forms of response of trade unions, labor inspectorates to identified violations are as follows:

1) The right to present the employer with a demand for the suspension of work in cases of a direct threat to the life and health of employees;

2) The right to send employers submissions on the elimination of identified violations of labor legislation and other regulatory legal acts;

3) The right to apply to the relevant authorities with a demand to bring to justice persons guilty of violating the law and other acts containing labor law norms.

Self-defense as one of the main ways to protect workers' labor rights was first introduced in Labor Code RF, although only the term "self-defense" is new. In some cases, workers resorted to self-defence even before the adoption of the Code.

“Self-defense” is usually understood as such a way of protecting rights, in which the subject of law (employee) protects himself by his own actions, without resorting to the help of the court, state or public bodies. The employee resorts to self-defense in the presence of a violation of the right or the possibility of its violation. At the same time, self-defence must be proportionate to the specified violation and not go beyond the limits necessary for its suppression.

In order to protect labor rights, an employee, in accordance with Article 379 of the Labor Code of the Russian Federation, notifies the employer or his immediate supervisor in writing, after which he may refuse to perform work not provided for employment contract, as well as refuse to perform work that directly threatens his life and health. At the time of refusal from the specified work, the employee retains all the rights provided for by labor legislation.

Federal Law No. 90 of July 30, 2006 supplemented Article 379 of the Labor Code of the Russian Federation with part 2, which establishes that in order to protect labor rights, an employee has the right to refuse to perform work also in other cases provided for by the Labor Code of the Russian Federation or other federal laws.

The Labor Code of the Russian Federation provides for the possibility of self-defense in the form of refusal to perform work (suspension of work) until the violated right is eliminated.

So, in the Resolution of the Plenum of the Supreme Court of the Russian Federation it is said that when considering a case on the reinstatement of a person transferred to another job and dismissed for absenteeism due to refusal to start it, the employer is obliged to provide evidence testifying to the legality of the transfer itself. “And if the transfer is recognized as illegal, dismissal for absenteeism cannot be considered justified and the employee is subject to reinstatement in his previous job.”

According to the Labor Code of the Russian Federation, an employee may refuse to perform heavy work and work with harmful and (or) dangerous working conditions that are not provided for by an employment contract. This right can be considered as self-defence. However, in cases stipulated by federal laws, the employee does not have the right to refuse to perform work, despite the threat to his life and health. For example, in accordance with the Federal Law “On Emergency Rescue Services and the Status of Rescuers”, “all employees of professional emergency rescue services, professional emergency rescue teams must strictly follow the orders and instructions given by the heads of these services and teams.” Due to the special nature of the work performed, they cannot refuse to perform their duties even when this poses a threat to their life and health.

Self-defense of labor rights must be distinguished from a strike. Self-defense is a refusal to perform work in order to protect the individual labor rights of the employee (the right to certainty labor function fixed by the employment contract, the right to receive timely and in full wages, the right to protection of life and health in the process labor activity). A strike is a refusal to comply job duties(in whole or in part) in order to resolve a collective labor dispute, that is, it is aimed at upholding collective interests or collective rights.

The right to self-defense is exercised by the employee independently, independently of other employees. The decision to go on strike can only be taken by the collective -- general meeting(conference) of employees of the organization.

In addition to exercising the right to self-defense, an employee may apply to the Federal Labor Inspectorate or individual labor dispute resolution bodies. The strike is carried out in the course of resolving a collective labor dispute; in this case, it is impossible to resort to judicial protection and exercise supervision.

Also, self-defense of labor rights and a strike differ in their legal consequences. Refusal to perform work in self-defense may last until the violation of labor rights is eliminated. The result of such a refusal can only be the restoration of the violated right of the employee. The duration of the strike is determined by the effectiveness of the conciliation procedures carried out during this period. The strike may be completed by the conclusion of an agreement on the establishment of new rights of workers, on the implementation or partial implementation of the rights provided for by the collective agreement, agreement. It is also possible to terminate the strike by decision of the body that leads it, without reaching an agreement on resolving a collective labor dispute.

The general procedure for using the right to self-defense is not established by law, however, in relation to certain types self-defense, we can talk about the need to follow a certain procedure. Worth Considering practical situation, which has already been touched upon in the thesis, namely the suspension of the performance of labor duties by the employee. Thus, "suspension of work in case of delay in payment of wages can be carried out only after the expiration of 15 days from the date set for the issuance of wages, and a written notice to the employer."

And the duration of the suspension of the performance of labor duties in self-defense is not limited and is determined by the time necessary to restore the violated rights of the employee. The employee is obliged to start performing labor duties immediately after the payment of wages, the issuance of an order for reinstatement in the previous job, the issuance of personal and collective protective equipment, etc.

In connection with the realization of the worker's right to self-defense in practice, two serious questions arise. The first is about paying for the period of suspension of the performance of labor duties, the second is about the need for the employee to be present at the workplace. The procedure and amount of payment for the period when a person did not work due to the need to protect their labor rights are not precisely defined, although it must be admitted that the refusal of any guarantee payments for this period turns the right to self-defense into a fiction.

For cases of protecting the right to work that meets the requirements of safety and hygiene, payment is established for downtime through no fault of the employee. Apparently, it would be more correct in this case to pay for the suspension of work duties as a downtime due to the fault of the employer in accordance with part 1 of article 157 of the Labor Code of the Russian Federation, since the employer did not fulfill the obligations assigned to him by labor legislation.

Obviously, the same rule should apply in the event of termination of work due to delayed payment of wages, although there is no direct indication of the law in this regard.

In practice, the question arises related to the determination of the mode of stay of an employee at the workplace in the event of the exercise of the right to self-defense. The law does not provide for any rules and requirements in this regard, and therefore it would be more correct to resolve this issue by agreement between the employee and the employer. In cases where the restoration of the violated labor rights of an employee does not require a long time, it is permissible to oblige the employee to be present at the workplace. If the correction of the committed violations of the law takes several days, it is possible to provide for a different regime for visiting the organization. Suppose an employee comes to workplace, learn about the state of affairs. If the employer is not able to issue personal or collective protective equipment, eliminate the threat to the life and health of the employee, pay wages during this day, the employee may leave production room. It must be understood that the suspension of work in order to protect labor rights does not entail the termination of the employment relationship and the derogation or restriction of the rights of the employee.

In conclusion, it should be said that the protection of labor rights and legitimate interests of workers by trade unions and self-defense of labor rights by workers are ways to protect labor rights and freedoms along with state supervision and control over compliance with labor laws, judicial protection. Self-defence is the refusal of an employee to perform his/her job duties without or in addition to applying to the bodies for the consideration of individual labor disputes or to the bodies for supervision and control over compliance with labor laws. And trade unions are created in order to represent and protect the social and labor rights and interests of working citizens. When exercising their powers, they have the right to interact with state bodies of supervision and control over compliance with labor legislation. Authorized persons for labor protection of trade unions have the right to freely check in organizations compliance with labor protection requirements and make proposals, mandatory for consideration by officials, to eliminate the identified violations of labor protection requirements.

Bulletin of the Nizhny Novgorod University. N.I. Lobachevsky, 2013, No. 6 (1), p. 310-316

PROTECTION OF LABOR RIGHTS IN THE RUSSIAN FEDERATION © 2013 I.A. Filipova

Nizhny Novgorod State University. N.I. Lobachevsky [email protected]

Received October 29, 2013

Persons working under an employment contract have a number of rights provided for by labor legislation Russian Federation. These rights may be protected by any means not prohibited by law. The main methods are: self-defense of labor rights, protection by trade unions, protection carried out by special state bodies, and judicial protection.

Keywords: workers, labor rights, trade unions, labor legislation, state labor inspectorate, control (supervision) in the sphere of labor, judicial protection.

According to Article 45 of the Constitution of the Russian Federation, state protection of the rights and freedoms of man and citizen is guaranteed in Russia. Everyone has the right to protect their rights and freedoms by all means not prohibited by law. This also applies to labor rights and freedoms, in particular those provided for in Article 37 of the Constitution of the Russian Federation.

Employees, in accordance with the labor legislation of the Russian Federation, have significant rights in the sphere of labor. These rights of workers correspond to the obligations of employers. If the employer does not respect the rights of employees, violating them, then the employees are also given the opportunity to protect their rights by all means not prohibited by law (Article 352 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation). The purpose of protecting labor rights and freedoms is to ensure that employees exercise the rights established by law, by-law or contract.

The main ways to protect labor rights of the Labor Code of the Russian Federation include:

Self-protection by employees of labor rights;

Protection of rights by trade unions;

State control (supervision) over compliance with labor legislation;

Judicial protection.

Let us consider the first of these methods - self-defense of labor rights by workers. Self-protection of rights by the subject of law is the independent active actions of employees to protect their labor rights, life and health without applying or along with applying to the bodies for the consideration of individual labor disputes or to the bodies of state control (supervision) over compliance with labor legislation.

Employee self-protection measures include:

1) refusal to perform work not provided for by the employment contract by notifying the employer or immediate supervisor in writing (Article 379 of the Labor Code of the Russian Federation, as well as Article 60 of the Labor Code of the Russian Federation);

2) refusal to perform work that directly threatens the life and health of an employee, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws (Article 379 of the Labor Code of the Russian Federation, as well as Articles 219-221 of the Labor Code of the Russian Federation);

3) refusal to perform work in other cases provided for by the Labor Code of the Russian Federation or other federal laws, including through the refusal of written consent to engage in overtime work, weekend work, night time, rescheduling annual leave etc. (Article 379 of the Labor Code of the Russian Federation, as well as part four of Article 72.1 of the Labor Code of the Russian Federation, Articles 60.2, 96, 99, 113, 124 of the Labor Code of the Russian Federation);

4) suspension of work in case of delay in payment of wages for a period of more than 15 days, subject to a written notification of the employer (Article 142 of the Labor Code of the Russian Federation).

In fact, the Labor Code of the Russian Federation provides for only one form of self-defense for workers - refusal to perform work duties. Self-defense possible if available gross violation labor rights of an employee, directly specified in the Labor Code of the Russian Federation. Self-defense of labor rights must be distinguished from a strike. The first is carried out in order to protect the individual labor rights of the employee, the second is a way to resolve a collective labor dispute and is aimed at upholding collective rights.

Self-protection of labor rights is exercised by employees freely. The head, other officials of the organization cannot force the employee to perform work,

to give birth to him, to exert psychological pressure. It is also not allowed to bring employees exercising the right to self-defense to disciplinary liability. Illegal actions of persons representing the interests of the employer can be appealed in court or in the state labor inspectorate.

Self-defense of rights by an employee is carried out without the participation of any authorities, the actions performed by employees are not officially documented. The employer may voluntarily eliminate the violation or, without recognizing it, reject the employee's claim. The law does not prohibit the simultaneous use of self-defense and other means of protecting labor rights.

The second way to protect labor rights is trade union protection. In accordance with the Federal Law of January 12, 1996 No. 10-FZ “On Trade Unions, Their Rights and Guarantees of Activity” (hereinafter referred to as the Law on Trade Unions), trade unions protect the rights and interests of trade union members on issues of individual labor and labor-related relations, and in the field of collective rights and interests - the rights and interests of employees, regardless of membership in trade unions, in the event that they are empowered to represent in the prescribed manner.

In order to protect the labor rights of employees, trade unions have the right (Article 11 of the Law on Trade Unions):

a) make proposals for the adoption by the relevant state authorities of laws and other regulatory legal acts relating to the social and labor sphere;

b) provide an opinion on draft regulatory legal acts affecting the social and labor rights of employees adopted by the bodies executive power, local governments;

c) participate in the coordination with employers of wage systems, sizes tariff rates(salaries), as well as labor standards;

d) to freely visit organizations and workplaces where members of the relevant trade unions work.

In addition, trade unions as defenders of the interests of workers:

Take part in the development government programs employment, carry out trade union control over compliance with employment legislation (Article 12 of the Law on Trade Unions);

Express a reasoned opinion on local regulations in cases provided for by law (Article 372 of the Labor Code of the Russian Federation);

Express a reasoned opinion on the possible termination of the employment contract at the initiative of the employer (Article 373 of the Labor Code of the Russian Federation);

Give consent to the termination of an employment contract with an employee - a member of a trade union at the initiative of the employer (Articles 374, 376 of the Labor Code of the Russian Federation);

Carry out trade union control over compliance by employers with labor legislation, including through the creation of their own labor inspectorates (Article 19 of the Law on Trade Unions), which can be both legal and technical (Article 370 of the Labor Code of the Russian Federation);

Apply at the request of members of trade unions, other employees, as well as on their own initiative with statements in defense of labor rights to the bodies considering labor disputes, create legal services and consultations (Article 23 of the Law on Trade Unions).

According to Article 370 of the Labor Code of the Russian Federation, trade unions have the right to demand the elimination of identified violations from the employer, who, in turn, is obliged to inform the employer within a week trade union body on the results of consideration of this requirement and the measures taken.

In exercising these powers, trade unions interact with state bodies to control (supervise) compliance with labor laws.

The third way to protect labor rights is state control (supervision) over compliance with labor laws. According to Article 353 of the Labor Code of the Russian Federation, federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms is carried out by the federal labor inspectorate in the manner established by the Government of the Russian Federation. State control (supervision) over compliance with the requirements for the safe conduct of work in certain areas of activity is carried out by authorized federal executive bodies. Article 353.1 of the Labor Code of the Russian Federation also singles out departmental control exercised in relation to subordinate organizations by federal executive authorities, executive authorities of constituent entities of the Russian Federation and local governments.

In fact, state control over compliance with labor laws is carried out by a wide range of state bodies.

First, it is the Ministry of Labor and social protection RF (Ministry of Labor of Russia) is a federal executive body that performs the functions of developing and implementing

tions public policy in the field of demography, labor, standard of living and income, wages, pensions, social insurance (except for compulsory health insurance), conditions and labor protection, social partnership and labor relations, employment and unemployment, labor migration, alternative civil service, state civil service (with the exception of wage issues), social protection of the population, social service population. The Ministry of Labor of Russia was created on the basis of the Regulations "On the Ministry of Labor and Social Protection of the Russian Federation" (hereinafter - the Regulations on the Ministry of Labor), approved by Decree of the Government of the Russian Federation of June 19, 2012 No. 610 instead of the previously existing Ministry of Health and Social Development of the Russian Federation.

It is the Ministry of Labor of Russia that adopts such regulatory legal acts as the Unified Tariff and Qualification Reference Book of Works and Professions of Workers; Regulations on the procedure for attestation of workplaces in terms of working conditions; Regulations on the management system professional risks; The list of jobs where it is prohibited to use the labor of workers under the age of 18; Regulations on the peculiarities of the investigation of accidents at work in certain industries and organizations; Regulations on the organization public works; Rules for calculating and confirming the length of service for determining the amount of benefits for temporary disability. In addition, the Ministry of Labor of Russia summarizes the practice of applying legislation and analyzes the implementation of state policy in this area of ​​activity.

At the level of the constituent entity of the Russian Federation, the executive authorities regulating relations in the sphere of labor are the relevant ministries (departments, departments), for example: the Ministry of Labor, Employment and Social Protection of the Republic of Tatarstan, the Ministry of Social Protection of the Population and Labor of the Republic of Mari El, the Department of Labor and Employment of the Population administration of the Krasnodar Territory, the Department of Labor and Employment of the City of Moscow, the Ministry of Employment, Labor and Migration of the Saratov Region, etc.

In the Nizhny Novgorod region public administration labor protection is implemented by the Ministry of Social Policy of the Nizhny Novgorod Region. Its task is to implement a unified effective state policy of the Nizhny Novgorod region in the field of social support, labor relations and employment of citizens in the region, protection of the constitutional

constitutional rights of citizens of the Nizhny Novgorod region in the field of labor relations and employment, development of a system of social partnership and contractual regulation of social and labor relations.

So, among the acts adopted by the Ministry of Social Policy of the Nizhny Novgorod Region, there is Order No. 134 dated February 14, 2012 “On Approval of the Recommendations on the Organization of Certification of Workplaces on Working Conditions in the Nizhny Novgorod Region”.

The governing body is also the Administration public service employment of the population of the Nizhny Novgorod region (today, employment issues as a whole have been transferred to the level of subjects of the Russian Federation). The objectives of its activities are to promote employment of the population,

unemployment protection. Subordinate to him are the state institutions "Employment Centers" of districts and cities of the Nizhny Novgorod region.

It can be divided into a special section and municipal control. At the level of the municipality, the body responsible for monitoring compliance with labor laws is the department (department) for labor, for example: the Department for Labor and Work with the Population of the Administration of Nizhny Novgorod. According to the Decree of the city administration dated April 29, 2011 No. 1746, the Department performs the following functions: analyzes situations and trends in the development of processes in the social and labor sphere of the city, determines ways to eliminate the imbalances that have arisen in their development, prepares proposals for the City Duma of Nizhny Novgorod to improve municipal legal acts in the social and labor sphere, ensures the interaction of district labor departments with the state labor inspectorate, bodies of the employment service, territorial bodies services for the settlement of collective labor disputes, the regional migration service, trade unions, insurance funds and companies, regional labor authorities, forms databases on industrial injuries in the city.

In the districts of the city of Nizhny Novgorod, a corresponding department (sector) for labor functions in the structure of district administrations. An example is the department of social and labor relations in the administration of the Soviet district or the sector of social and labor relations in the Prioksky, Moscow, Avtozavodsky, Kanavinsky, Leninsky, Sormovsky districts, the department of economics, labor, investment in the Nizhny Novgorod region.

Back to state control. According to the Regulations on the Ministry of Labor, the Ministry of Labor of Russia coordinates and controls the activities of the Federal Service for Labor and Employment, which is under its jurisdiction, manages and controls the activities of subordinate federal public institutions, including federal institutions medical and social expertise, federal state unitary enterprises and coordination of activities pension fund Russian Federation and the Social Insurance Fund of the Russian Federation.

The Federal Service for Labor and Employment (Rostrud) is a federal executive body that exercises control and supervision functions in the field of labor, employment and alternative civil service, to provide public services in the field of promoting employment of the population and protection against unemployment, labor migration and settlement of collective labor disputes.

The Federal Service for Labor and Employment exercises state supervision and control over:

For compliance by employers with labor legislation through inspections, the issuance of mandatory orders to eliminate violations, the preparation of protocols on administrative offenses on prosecution in accordance with the legislation of the Russian Federation and the established procedure for investigating and recording industrial accidents;

For the implementation by the authorities of the constituent entities of the Russian Federation of social payments to citizens recognized in the prescribed manner as unemployed;

For the passage of citizens of alternative civilian service.

Rostrud registers:

Sectoral (intersectoral) agreements concluded at the federal level of social partnership;

Collective labor disputes regarding the conclusion and implementation of agreements concluded at the federal level, collective labor disputes in organizations financed from the federal budget.

Rostrud also organizes the training of labor arbitrators, state examination of working conditions, maintaining registers of recipients of public services in the field of employment, etc.

The territorial divisions of Ros-Labor are state labor inspectorates in the constituent entities of the Russian Federation, for example, the State

naya labor inspection in the Nizhny Novgorod region. This body systematically checks the working conditions of employers in the Nizhny Novgorod region.

For example, in 2012, 1626 inspections were carried out (989 - by state inspectors for legal matters; 637 - state inspectors for labor protection). 7365 violations were revealed, of which: on labor protection - 5089, on legal issues - 2276. 1130 orders were issued to eliminate the identified violations, 2291 administrative fines were imposed for a total of 9 million 877 thousand 500 rubles. 742 employees were suspended from work at the request of state labor inspectors due to failure to undergo training, instruction, internships and testing knowledge of labor protection in accordance with the established procedure. The use of personal and collective protective equipment for workers that did not have certificates of conformity was stopped - 552 units, 3 protocols on a temporary ban on the operation of equipment were drawn up and sent to the courts.

The main violations identified during the inspections include the following:

1) heads of organizations are not trained and certified in labor protection;

2) work on attestation of workplaces in terms of working conditions is not carried out;

3) there are no lists of professions and types of work for which additional requirements for labor safety are imposed and training in labor protection is required at the enterprises (not developed);

4) timely revision of labor protection instructions is not provided, there are no labor protection instructions for a number of professions and types of work;

5) periodic medical examinations workers are not held;

6) admission to the performance of work or to the operation of high-risk equipment of untrained workers takes place;

7) employees are not provided or not fully provided with overalls, special footwear and other personal protective equipment;

8) there is no periodic training in first aid for blue-collar workers.

At the same time, the highest fatal injuries, according to investigations, are observed in manufacturing and construction. Most often, accidents occur as a result of a fall from a height; falls, collapses, collapses of objects

goods, materials, land; impact of moving, flying, rotating objects, machine parts; traffic accidents. The causes of accidents with serious consequences are usually unsatisfactory organization of work, violation by the employee work schedule and process disruption.

Inspection of employers is the main form of supervisory and control activities of the state labor inspectorate. The basis for the inspection is the instructions of the heads of Rostrud and the Office for Supervision and Control over Compliance with Labor Legislation (a structural unit of the Ministry of Labor of Russia), information from other state bodies and citizens' appeals. Work is also being carried out to consider decisions of the prosecutor's office on the initiation of cases of an administrative offense. Sometimes inspections are carried out jointly with the prosecutor's office.

On September 1, 2013, the first five-year stage of attestation of workplaces in terms of working conditions will be completed, on which all enterprises of the Russian Federation are required to report. According to the management of Rost-rud, most employers will not pass it, since from September 2008 to December 2012 only 1.3% of enterprises were certified. Sanctions for those who have not passed the test - up to the suspension of the activities of an economic entity. The certification should be fixed in the collective agreement. However, the amendments made to the legislation on certification of workplaces by Order of the Ministry of Labor and Social Protection of the Russian Federation of December 12, 2012 No. 590n establish the obligation to conduct certification not for all workplaces, but only for potentially highly hazardous ones (related to the operation of machines, mechanisms, using harmful materials, etc.). At the same time, according to the director of the Department of Conditions and Labor Protection of the Ministry of Labor of Russia, primary certification remains mandatory for everyone.

According to the results of certification already available at the moment, the quality of jobs is very low: more than 60% of jobs can be classified as harmful or dangerous.

In addition to Rostrud, the bodies of control (supervision) in the sphere of labor include the Federal Service for Environmental, Technological and Nuclear Supervision (Rostekhnadzor) and the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor).

Rostekhnadzor is a body state regulation safety in the use of atomic energy; the authorized body in the field of industrial safety; body of state mining supervision; body of state energy supervision; body of state construction supervision.

Territorial subdivisions of Rostekhnadzor are not located in every subject of the Russian Federation. For example, the Volga Department of Rostekhnadzor covers the republics of Tatarstan, Mari El and Chuvashia. Also, the competence of the Volga-Oka Department of Rostekhnadzor, based in the city of Nizhny Novgorod (with territorial departments: Vyksa, Sarov, Dzerzhinsky, Kstovsky and Arzamas) also extends to the territory of two constituent entities of the Russian Federation - the Nizhny Novgorod Region and the Republic of Mordovia.

Rospotrebnadzor, which includes a department for the organization of sanitary supervision for occupational health, communal hygiene, checks the activities of employers to comply with the requirements of sanitary legislation, suppresses violations of the law, applies restrictive, preventive and preventive measures aimed at preventing or eliminating the consequences of violations by employers of mandatory requirements in a particular area of ​​activity.

At the level of subjects of the Russian Federation there are territorial departments, at the level of cities and districts - departments of departments of Rospotrebnadzor.

The prosecutor's office also belongs to the state bodies for control (supervision) of compliance with labor legislation. According to Article 27 of the Federal Law of January 17, 1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation", the prosecutor: checks complaints and other reports of violations of human and civil rights and freedoms; explains to victims the procedure for protecting their rights and freedoms; takes measures to prevent and suppress violations of the rights and freedoms of man and citizen, to bring to justice persons who have violated the law, and to compensate for the damage caused.

The prosecutor's office performs:

1) prosecutorial inspections of the implementation of labor protection legislation at enterprises located in the supervised territory;

2) requests for the allocation of specialists to the department of Rospotrebnadzor and the state labor inspectorate in a constituent entity of the Russian Federation to participate in joint inspections;

3) analysis of incoming complaints on labor issues.

The result of inspections may be the identification of violations and the subsequent submission of submissions on the elimination of violations of labor legislation, the issuance of a decision to initiate proceedings on an administrative offense, the submission of a statement of claim on the obligation to conduct certification of workplaces. The latter is possible in connection with the right of the prosecutor to apply to the court for the protection of violated or disputed social rights, freedoms and legitimate interests in the field of labor (service) relations and other relations directly related to them in accordance with Article 45 of the Civil Procedure Code of the Russian Federation.

A significant number of appeals to the prosecutor's office relate to employers' wage arrears. Based on the results of interaction with statistical authorities, the bailiff service, the tax service, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the prosecutor's office identifies employers that violate the right of employees to timely and full payment of wages.

Intradepartmental control over compliance with labor legislation should also be carried out by the relevant ministries, both at the federal level and at the level of subjects of the Russian Federation.

The fourth of the methods of protecting labor rights mentioned in Article 352 of the Labor Code of the Russian Federation is judicial. As shows arbitrage practice, a significant part of labor disputes considered by the courts are related to non-payment of wages, illegal dismissal or transfer to another job. The employer often violates the procedure for dismissal, reduction of staff, transfer to another job, which entails the recognition of such actions as illegal and the restoration of the labor rights of citizens.

According to the provisions of Article 392 of the Labor Code of the Russian Federation, an employee has the right to apply to a district (city) court for resolution of a labor dispute within three months from the day he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the day a copy of the dismissal order is handed to him or from the date the work book is issued. It is necessary to pay attention to the last position Special attention: the employee must be issued a work book or at least a copy of the dismissal order (or the employee’s refusal to receive the order and the work book, as specified -

paragraph 3 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”). In the absence of this fact, according to the Ruling of the Supreme Court of the Russian Federation of May 14, 2010 in case No. 45-B10-7, the period for filing a lawsuit in disputes about dismissal cannot expire, since the law does not say that the period is calculated from the day when the employee learned about his dismissal. The period for applying to the court with a claim for reinstatement begins from the moment the employer properly formalizes the termination of the employment contract with the employee. In the event that it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for work book or agree to send it by mail. Moreover, according to the Ruling of the Judicial Collegium for Civil Cases of the Moscow City Court dated March 10, 2011 on a cassation appeal against the decision of the district court in case No. 33-6015, sending a notification is not enough to start the period. According to the Judicial Collegium, the court of first instance, dismissing the claim on the grounds of missing the deadline, unreasonably considered that the beginning of the term was calculated from the moment the employee was notified of the need to appear for the work book in connection with the termination of the fixed-term employment contract. However, the court of cassation indicated that the dismissal order was not sent to the plaintiff's home address, and therefore she could not know the specific date of dismissal, but found out only when she received the work book.

In addition to the four methods of protecting the labor rights of workers indicated as the main ones in Article 352 of the Labor Code of the Russian Federation, one can also distinguish the fifth and sixth, which logically follow from the norms of the Labor Code of the Russian Federation. Fifth, in this case, will be protection through the appropriate public body (if any):

the Commission for the regulation of social and labor relations, which is called upon, among other things, to control the implementation of collective agreements and agreements;

the Commission on labor disputes, to which the employee has the right to apply for the protection of his rights (CTC);

Labor arbitration, to which employees and the employer can apply in the process of resolving a collective labor dispute.

as the sixth possible way protection can be distinguished protection of the rights of workers labor collectives. It is they who - especially

especially in the absence of a primary trade union organization at the enterprise, they defend the collective rights of workers, for example:

The right to conclude a collective agreement (initiation, participation in the formation of a project development commission, etc., parts 4 and 5 of article 37 of the Labor Code of the Russian Federation);

The right to put forward demands in defense of collective labor rights (Article 399 of the Labor Code of the Russian Federation);

The right to strike (making a decision on holding a strike by a general meeting (conference) of employees, Article 410 of the Labor Code of the Russian Federation).

Finally, the seventh method, which has appeared relatively recently, is mediation. According to Part 1 of Article 1 of the Federal Law of July 27, 2010 No. 193-FZ "On an alternative procedure for resolving disputes with the participation of an intermediary (mediation procedure)", mediation as a method of resolving disputes arising, including from labor, family legal relations, is designed to contribute to "harmonization social relations» .

Thus, Russian legislation employees are provided with substantial guarantees for the protection of labor rights. Unfortunately, at present, a significant number of workers simply do not have sufficient knowledge about them and the ability to use them. And here the need for targeted educational activities is put forward in the first place, both on the part of state bodies for control (supervision) of compliance with labor legislation, and on the part of trade unions.

Bibliography

1. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ // Collection of Legislation of the Russian Federation. 01/07/2002. No. 1.

2. Federal Law of January 12, 1996 No. 10-FZ “On trade unions, their rights and guarantees of activity” // Collected Legislation of the Russian Federation. 01/15/1996. No. 3. Art. 148.

3. Decree of the Government of the Russian Federation of June 19, 2012 No. 610 “On approval of the Regulations on the Ministry of Labor and Social Protection of the Russian Federation” //

Internet portal of the Government of the Russian Federation. Executive power. URL: Y1p://government.rf/

power/237/base.html (accessed 04/15/2013).

4. Order of the Ministry of Social Policy of the Nizhny Novgorod Region dated February 14, 2012 No. 134 “On Approval of the Recommendations on the Organization of Certification of Workplaces for Working Conditions in the Nizhny Novgorod Region” // Government of the Nizhny Novgorod Region. Official site. URL: http://www.govemment-nnov.m/?id=48970 (date of access: 04/15/2013).

5. Decree of the administration of the city of Nizhny Novgorod dated April 29, 2011 No. 1746 “On approval of the Regulations on the Department for labor and work with the population of the administration of Nizhny Novgorod” // Official city portal. Nizhny Novgorod. URL: http://nizhniynovgorod.rf/vlast/administratsiyagoroda/deps/uprtrud/polozhenie/ (date of access: 04/15/2013).

6. The results of the supervisory activities of the State

of the State Labor Inspectorate in the Nizhny Novgorod Region for the 1st quarter of 2012 // State Labor Inspectorate in the Nizhny Novgorod Region. Official site. URL: // http://git52.rostrud.ru/results/

5115/17979^^^ (date of access: 04/15/2013).

7. Interview with the head of Rostrud Yu.V. Hertzia December 25, 2012 // Federal Service for Labor and Employment. Official site. URL: http://www.rostrud.ru/presscentre/48/xPages/entry.3395. Ysh1 (date of access: 04/15/2013).

8. The Ministry of Labor of Russia has determined a flexible approach to the procedure for attestation of workplaces according to working conditions on February 4, 2013 // Ministry of Labor and Social Protection of the Russian Federation. Official site. URL: http://www.rosmintrud.ru/labour/safety/102 (date of access: 04/15/2013).

9. Federal Law of January 17, 1992 No. 22024 “On the Prosecutor’s Office of the Russian Federation” // Gazette of the Congress of People’s Deputies of the Russian Federation and the Supreme Council of the Russian Federation of February 20, 1992 No. 8. Art. 366.

10. Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. 2004. No. 6.

11. All about the Labor Code. Arbitrage practice. URL: http://www. trudovoikodeks.ru/praktika_392.shtml (date of access: 04/15/2013).

12. Federal Law of July 27, 2010 No. 193-FZ “On an alternative procedure for resolving disputes with the participation of an intermediary (mediation procedure)” // Collected Legislation of the Russian Federation. 08/02/2010. No. 31. Art. 4162.

PROTECTION OF LABOR RIGHTS IN THE RUSSIAN FEDERATION

Workers have some rights under labor law of the Russian Federation. These rights can be protected by any means not prohibited by law. The main methods include: self-protection of labor rights, protection by the trade unions, protection carried out by special government agencies, and judicial protection.

Keywords: workers, labor rights, trade unions, labor laws, state labor inspection, monitoring (supervision) at work, judicial protection.

Photo: Nikolai Fedorov / Solidarity archive

17. PROTECTION OF LABOR RIGHTS AND LEGAL INTERESTS OF EMPLOYEES BY TRADE UNIONS

17.1. The rights of trade unions as defenders of the rights and interests of workers

The Law on Trade Unions (Article 11) defines their fundamental rights to represent and protect the social and labor rights and interests of workers. At the same time, trade unions represent and protect the rights and interests of trade union members on issues of individual labor and labor-related relations. If the case concerns collective rights and interests, then the trade unions represent and protect the collective rights and interests of all workers, regardless of membership in the trade unions, in the event that they are empowered to represent in the prescribed manner.

The same law provides for the right of trade unions to participate in lawmaking as a way of representing and protecting the collective rights and interests of workers. In particular, draft legislative acts affecting social and labor rights are considered by the federal authorities, taking into account the proposals of all-Russian trade unions and their associations (Article 12 of the Law on Trade Unions). Draft legal acts affecting social and labor rights are considered and adopted by executive authorities, local governments, taking into account the opinion of the relevant trade unions.

Trade unions have the right to propose to the relevant authorities to adopt laws and other legal acts relating to the social and labor sphere. And also - the right to participate in the consideration of their proposals by authorities, local governments, employers, their associations, others public associations. Trade unions have the right to participate in the development of state employment programs, propose measures for the social protection of trade union members released during the reorganization or liquidation of the organization, exercise trade union control over employment and compliance with employment legislation.

When regulating social and labor and related economic relations in order to coordinate the interests of employees and employers, as well as the state, authorities at all levels and local governments are obliged to provide appropriate conditions. Namely: the commissions for the regulation of social and labor relations (and if the commissions are not formed - the relevant trade unions or their associations and associations of employers) should participate in the development and / or discussion of draft legislative and other legal acts, programs of socio-economic development, other documents in the field of labor (Article 35.1 of the Labor Code of the Russian Federation).

To represent and protect the collective rights and interests of employees, as well as in individual labor relations Trade unions have the following powers:

Protect the right of its members to freely dispose of their abilities to work, to choose the type of activity and profession;

Protect the right of employees to remuneration for work without any discrimination and not lower than the minimum wage established by the Federal Law;

Coordinate and fix in collective agreements and agreements wage systems, forms of material incentives, tariff rates (salaries), as well as labor standards established by employers and their associations.

17.2. Union control

Trade unions have the right to monitor compliance with the law and other legal acts in the sphere of labor, the implementation of collective agreements and agreements (Article 370 of the Labor Code of the Russian Federation).

Compliance with labor laws and other regulatory legal acts in the field of labor, as well as collective agreements and agreements, is one of the main obligations of the employer (Article 22 of the Labor Code of the Russian Federation). Having received a requirement to eliminate the identified violations, employers are obliged to inform the relevant trade union body within a week about the results of consideration of this requirement and the measures taken.

To exercise this control, all-Russian trade unions and their associations, which are endowed with appropriate powers. Regulations on powers are approved by all-Russian trade unions and their associations. Interregional, as well as territorial associations of trade union organizations operating in a constituent entity of the Russian Federation, can create their own legal and technical labor inspectorates. These inspections operate on the basis of regulations adopted in accordance with model provision corresponding all-Russian association of trade unions.

In order to implement the statutory tasks and the rights granted to trade unions, trade union representatives have the right to freely visit organizations and workplaces where members of these trade unions work (Article 11 of the Law on Trade Unions).

Trade union labor inspectors, in accordance with the established procedure, have the right to freely visit any employers (organizations of any organizational and legal forms and forms of ownership and employers-individuals) who employ members of this trade union or trade unions that are members of the association, to check compliance with labor laws and other regulatory legal acts in sphere of labor, legislation on trade unions, implementation of collective agreements, agreements (Article 370 of the Labor Code).

Authorized (trusted) persons in charge of labor protection of trade unions also have the right to freely check compliance with labor protection requirements and make proposals, mandatory for consideration by officials of organizations, employers - individual entrepreneurs (hereinafter referred to as individual entrepreneurs) to eliminate the identified violations.

Trade union labor inspectors and authorized (trusted) persons for labor protection have the right to:

Monitor compliance by employers with labor legislation and other regulatory legal acts in the field of labor;

Conduct an independent examination of working conditions and ensuring the safety of employees;

Participate in the investigation of accidents at work and occupational diseases;

Receive information from managers and other officials of organizations, employers-individual entrepreneurs on the state of conditions and labor protection, as well as on all accidents at work and occupational diseases;

Protect the rights and legitimate interests of trade union members on issues of compensation for harm caused to their health at work (work);

Require employers to suspend work in cases of direct threat to the life and health of employees;

Send employers submissions on the elimination of identified violations of labor legislation and other regulatory legal acts in the field of labor, which are mandatory for consideration;

Check the state of working conditions and labor protection, the fulfillment by employers of the obligations stipulated by collective agreements and agreements;

Participate as independent experts in commissions for testing and commissioning of means of production;

Participate in the consideration of labor disputes related to violations of labor legislation and other legal acts in the field of labor, obligations stipulated by collective agreements and agreements, as well as those related to changes in working conditions;

Participate in the development of draft federal laws and other regulatory legal acts of the Russian Federation containing labor law norms, laws and other legal acts of the constituent entities of the Russian Federation, local government legal acts;

Participate in the development of draft by-laws that establish state regulatory requirements labor protection, as well as to coordinate them in the manner established by the government of the Russian Federation;

Demand from the relevant authorities to bring to justice those guilty of violating labor legislation and other legal acts in the sphere of labor, in concealing the facts of accidents at work.

In accordance with the Labor Code of the Russian Federation, trade unions, their labor inspectorates, in the exercise of these powers, interact with Rostrud and its territorial bodies, other federal executive bodies exercising the functions of control and supervision in the established field of activity.

To be continued

1. Protection of labor rights and freedoms of workers. The concept of protecting the labor rights of workers and its methods

The protection of labor rights and freedoms is devoted to Part V of the Labor Code of the Russian Federation, which includes Sec. 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", Ch. 56–62 (vv. 352–419).

These norms develop and concretize, in relation to the sphere of labor law, the provisions of the Constitution of the Russian Federation, in particular its Art. 2 (on the obligation of the state to recognize, observe and protect the rights and freedoms of man and citizen), 17 (on the inalienability of fundamental human rights and freedoms), 45 and 46 (on state, judicial protection and self-defense of their rights and freedoms).

The Labor Code of the Russian Federation does not provide a legal definition of the concept of "protection of labor rights and freedoms of an employee", in connection with which one can focus on the judgment formulated in the scientific community. According to T.V. Ivankina, protection of labor morals of the worker is a set of substantive and legal measures, organizational and procedural ways to suppress and prevent violations of labor legislation, restore violated labor rights of citizens and compensate for the damage incurred as a result of such violations.

Ways to protect labor rights and freedoms are listed in Art. 352 of the Labor Code of the Russian Federation, moreover, part 1 of this article, continuing the provision of part 2 of Art. 45 of the Constitution of the Russian Federation, indicates that everyone has the right to protect their labor rights and freedoms by all means not prohibited by law.

Protection methods are divided into subjects that protect the labor rights and freedoms of workers (Fig. 20.1).

Rice. 20.1. Ways and subjects of protection of labor rights and freedoms of workers

Self-defense by an employee of their labor rights is to refuse to perform work:

- not provided for by the employment contract;

- directly threatening his life and health, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws;

- in case of failure to provide the employee with personal and collective protective equipment (part 6 of article 220 of the Labor Code of the Russian Federation);

- in the event of a danger to his life and health due to a violation of the requirements for protecting the pile (part 7 of article 220 of the Labor Code of the Russian Federation);

- with harmful and (or) dangerous working conditions not provided for by the employment contract (part 7 of article 220 of the Labor Code of the Russian Federation).

There remains a debatable issue of attributing to self-defense the right of an employee to suspend work in the event of a delay in payment of wages for a period of more than 15 days in accordance with Art. 142 of the Labor Code of the Russian Federation. The Presidium of the Supreme Court of the Russian Federation, giving an answer to the question of how much payment is made for the period of suspension of work, if the employee’s refusal to perform labor duties is caused by a delay in paying wages, did not call this case self-defense, although he expressed an opinion about the employer’s obligation to “reimburse the average earnings not received by him [the employee] for the entire period of her delay with the payment of interest (monetary compensation) in the amount established by Article 236 of the Labor Code of the Russian Federation ".

He is obliged to notify the employer, his immediate supervisor, or another representative of the employer in writing of the commencement of the employee's exercise of his right to self-defense. Stop exercising self-defense, i.e. the employee is obliged to start performing his labor duties immediately after the termination of the violation of his labor rights and freedoms.

The need for the presence of an employee at his workplace during the period of self-defense should be decided, in our opinion, depending on whether the employee has the opportunity to perform his job duties without violating his rights. For example, if an employer instructs an employee to perform a one-time assignment that goes beyond his job duties, then the employee, refusing to fulfill it, is not deprived of the opportunity to perform his job duties, which, in our opinion, he should do. If the employer issues an order to permanently transfer the employee to another job without his written consent, then the employee will probably not be able to perform his work, and therefore, refusing to perform work in this case, has the right not to be at his workplace until the cancellation of the illegal order and the provision of his former work. An exception to this rule is the norm of Part 3 of Art. 142 of the Labor Code of the Russian Federation, which gives the employee the right to be absent from the workplace during the period of suspension of work due to delayed payment of wages for a period of more than 15 days.

Payment for a period of self-defense in the amount of the average wage is due to the presence in Part 1 of Art. 379 of the Labor Code of the Russian Federation, instructions on the preservation of the employee for the time of refusal to work all the rights provided for by labor legislation and other acts containing labor law norms. The issue of payment of wages for the period of suspension of work due to delayed wages is currently resolved only at the level of the clarification of the Supreme Court of the Russian Federation, given earlier.

Since the adoption in 2001 of the new Labor Code of the Russian Federation, the institution of “protection of the labor rights of workers” has appeared in the legislation. Protection of labor rights and freedoms of employees is one of the legal guarantees.

In accordance with Article 352 of the Labor Code of the Russian Federation: "Everyone has the right to protect their labor rights and freedoms by all means not prohibited by law." Analyzing the legal norms regulating the protection of the labor rights of workers, the following features can be distinguished:

protection of violated labor rights of workers is possible only if such a subjective right exists. It is impossible for an employee to protect labor rights, for example, if the employee is not a member of labor relations with an employer.

protection of labor rights is possible only if violated or there is a real threat of violation of the labor rights of the employee. Naturally, when the rights and legitimate interests of an employee are not violated, the latter has no reason to protect his labor rights.

protection is a complex system of measures carried out within the limits established by the current legislation of the Russian Federation. When an employee is protecting his violated rights, he can use only methods of protection that are not prohibited by law. So, for example, the actions of an employee who protects his rights by causing bodily harm to a person who has violated or violates his labor rights will be illegal.

protection of labor rights is carried out by contacting government bodies or public organizations(associations), as well as through the implementation of independent protection of labor rights (self-defense).

Thus, we can conclude that the protection of labor rights is a complex system of measures used to ensure the free and proper implementation of labor rights and combat their violations, carried out by state bodies, public organizations, as well as through self-protection of labor rights.

Article 352 of the Labor Code of the Russian Federation establishes the following "methods for protecting labor rights:

self-protection by employees of labor rights;

protection of labor rights and legitimate interests of workers by trade unions;

state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms;

judicial protection".

Consider each method of protecting labor rights in more detail.

Self-protection of rights by the subject of law is the independent active actions of employees to protect their labor rights, life and health without applying or along with applying to the bodies for the consideration of individual labor disputes or to the bodies of state control (supervision) over compliance with labor legislation. Article 379 of the Labor Code of the Russian Federation establishes forms of self-defense: “In order to protect labor rights, an employee, having notified the employer or his immediate supervisor or other representative of the employer in writing, may refuse to perform work not provided for by the employment contract, as well as refuse to perform work that is directly threatens his life and health, with the exception of cases provided for by the Labor Code and other federal laws. At the time of refusal from the specified work, the employee retains all the rights provided for by labor legislation and other acts containing labor law norms. For the purpose of self-protection of labor rights, the employee has the right to refuse to perform work also in other cases provided for by the Labor Code or other federal laws. Based on this, we can conclude that the Labor Code of the Russian Federation establishes only one form of self-defense - the employee's refusal to perform his duties.

The second way to protect the labor rights and freedoms of workers is the protection of labor rights and legitimate interests of workers by trade unions. The activities of trade unions in the Russian Federation are regulated by the Federal Law "On trade unions, their rights and guarantees of activity." Article 11 of the said law establishes that “trade unions have the right to:

Trade unions have the right to make proposals for the adoption by the relevant state authorities of laws and other regulatory legal acts relating to the social and labor sphere; - Trade unions protect the right of their members to freely dispose of their abilities for work, choose the type of activity and profession, as well as the right to remuneration for work without any discrimination and not below the minimum wage established by federal law;

Trade unions have the right to participate in the consideration of state authorities, local governments, as well as employers, their associations (unions, associations), other public associations of their proposals; - Trade union representatives have the right to freely visit organizations and workplaces where members of the relevant trade unions work, for the implementation statutory tasks and rights granted to trade unions”.

According to Article 370 of the Labor Code of the Russian Federation, trade unions have the right to demand the elimination of identified violations from the employer, who, in turn, is obliged to inform the trade union body about the results of consideration of this requirement and the measures taken within a week. In exercising these powers, trade unions interact with state bodies to control (supervise) compliance with labor laws.

The third way to protect labor rights and freedoms is state control (supervision) over compliance with labor laws and other regulatory legal acts containing labor law norms. According to article 353 of the Labor Code of the Russian Federation, federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms is carried out by the federal labor inspectorate in the manner established by the Government of the Russian Federation. State control (supervision) over compliance with the requirements for the safe conduct of work in certain areas of activity is carried out by authorized federal executive bodies.

And the last way to protect the labor rights and freedoms of workers, established by the Labor Code of the Russian Federation, is judicial protection. Analyzing the judicial practice on this issue, we can conclude that a large percentage of cases considered by the courts are related to non-payment of wages and illegal dismissal. Employers often violate the procedure for dismissal, which entails the recognition by the court of the actions of the employer as illegal and the restoration of the labor rights and freedoms of the employee.

Thus, the legislation of the Russian Federation establishes guarantees for the protection of labor rights and freedoms of workers. However, problems in the protection of labor rights arise due to ignorance by employees of their rights and guarantees for their protection, which leads to systematic violation of the labor rights of employees by employers.

from 31/12/2018

Every person is guaranteed the protection of labor rights. This is how the constitutional right to work is realized. For one person, active actions are required for this, for another, the guarantees established by law are enough.

The Labor Code is mainly filled with norms containing the conditions and requirements necessary for labor protection and protection of the rights of the employee. Therefore, the protection of the labor rights of the parties labor agreement This is the primary responsibility of the state, which is carried out in various ways.

Ways to protect labor rights

According to labor legislation, the main ways to protect the rights of workers are:

• state control (supervision) on compliance with labor legislation;
• protection of labor rights by trade unions;
• independent protection by employees of their labor rights;
• protection of labor rights in the judiciary.

Other, not prohibited by law, methods of protecting labor rights are also allowed. But the above list is sufficient for competent behavior in labor relations.

Protection of labor rights by state bodies

State control (supervision) on compliance with labor legislation is entrusted to the State Labor Inspectorate. The order of activity of the inspection is determined by the Government of the Russian Federation. The form of supervisory and control activity is inspection carried out on behalf of Rostrud and structural divisions Ministry of Labor of the Russian Federation.

Along with this, the function of control in certain areas of activity is entrusted to the federal executive authorities. For example, the functions of the Ministry of Labor and Social Protection of the Russian Federation are the implementation of state policy in the field of labor, its remuneration, labor protection, and so on. The functions of the department for the organization of sanitary supervision on occupational health, which is part of the structure of Rospotrebnadzor, is to check employers for compliance with the requirements of sanitary legislation.

The prosecutor's office also belongs to the supervisory authorities. The prosecutor checks information about human rights violations, explains the procedure for protecting rights, takes necessary measures to stop violations of human rights, including the implementation of a prosecutor's check on the observance of labor protection of employees.

To initiate an audit against the employer, the employee can use, in other ways. Examples and recommendations for the preparation of such documents can be found on the website.

Labour Inspectorate

The State Labor Inspectorate is a government agency that monitors compliance with labor laws. Labor inspection departments operate in all regions and are available to all citizens in need of protection of labor rights.

The Labor Inspectorate works on complaints from citizens. The functions of the inspection include monitoring the implementation of labor legislation. The inspectorate can implement the protection of labor rights by:

• inspections
• surveys
• issuance of prescriptions
• drawing up protocols on administrative offenses
• fines

The Labor Inspectorate can only control those employment relationships that continue to operate. Disputes over dismissal or violations in former labor relations are not within its competence.

The most effective approach to labor inspection with complaints about the actions of individual entrepreneurs. The main thing is to be properly designed.

Protection of labor rights by trade unions

Trade unions defend the rights and interests of trade union members on individual issues of labor relations, and in the protection of collective rights - regardless of membership in the trade union, when empowered to represent interests.

To protect the rights of the worker, trade unions have the following rights:

• make proposals for the adoption of laws and other regulatory legal acts regarding the social and labor sphere by the relevant state authorities;
• present an opinion on drafts of such acts;
• take part in negotiating with employers the size of pay systems and labor standards;
• freely visit the workplaces of trade union members.

In addition, as advocates, trade unions:

• participate in the development of state employment programs;
• carry out control in the sphere of employment of the population;
• evaluate the actions of the employer upon his initiative and, in certain cases, agree to terminate the agreement;
• exercise control over compliance with the law.

It should be noted that in order to exercise control over compliance with labor legislation, trade unions have the right to involve state regulatory bodies.

On the basis of legislation, trade unions have the right to require the employer to eliminate violations. Moreover, within seven days from the date of receipt of the request, the employer must inform the trade union about the results of the elimination of violations.

Independent protection of labor rights

Self-defense of labor rights is the active actions of workers aimed at protecting their lives, health and labor rights, with or without applying to state control (supervision) bodies for compliance with labor laws.

In fact, the Labor Code defines only one way of self-defense - refusal to perform work. However, this method of protection should not be confused with a strike, since it is carried out in order to protect individual labor rights.

Allocate the main methods of self-defense:

• refusal to perform work not provided for by the employment contract;
• refusal to perform dangerous work;
• other cases of refusal provided for by the labor legislation of the Russian Federation (refusal of a business trip, postponement of the annual, etc.);
• suspension of work late payment salaries.

Self-defense does not require rights formalization and involvement of state oversight bodies. In addition, it is allowed to use self-defense with another method of protecting rights at the same time.

Using the right to self-defense, the employee cannot be held administratively or disciplinaryly liable.

Protection of labor rights in the judiciary

In order to restore the violated rights, the employee may apply to the court. To date, this method of protection of rights is the most effective. After all, it is mandatory. However, the terms for applying to the court are limited to 3 months, and for dismissals - 1 month.

In addition to the judiciary, depending on the violated right, the employee has the right to apply to the commission for social and labor relations, labor disputes and labor arbitration

In fact, the legislation provides significant opportunities for the protection of labor rights. Unfortunately, a significant part of the workers do not know and do not understand how best to take advantage of the opportunities provided. Although almost any problem in labor relations can be resolved in favor of the employee. This is evidenced by judicial practice on, etc. It is more difficult with the evidence base for , .

The protection of labor rights depends entirely on the active actions and initiatives of the employee.

Clarifying questions on the topic