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 Labor Code RF (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.
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 micro-enterprise refuses to develop such acts, it 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.
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 subjected 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 certain species works (clause 1 of article 10 of the Federal Law of July 13, 2015 No. 230-FZ). These types of work include, for example:
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.
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 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 come into force not on June 19 (the next day), but 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 Art. 152 of the Labor Code of the Russian Federation clarifies the procedure for paying overtime work. Let us remind you that according to 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. Latest amendments The Labor Code of the Russian Federation establishes that the time for overtime work on weekends and non-working days 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).
No. 125-FZ dated June 18, 2017 “On Amendments to the Labor Code of the Russian Federation” (it comes into force on June 29, 2017). The amendments affected the issues of establishing and paying for part-time work and irregular working hours. There are also changes in terms of remuneration for overtime work and for work on weekends and holidays. We'll tell you what an accountant needs to know about the new payroll rules effective June 29, 2017.
The normal length of the working week, in general, should not exceed 40 hours (Article 91 of the Labor Code of the Russian Federation). Within a week working hours must be distributed in such a way that its total duration does not exceed the specified limit. Most often you can find this option - an eight-hour working day with a five-day working week with days off on Saturday and Sunday.
However, in addition to the normal working hours, part-time working hours may be established. Part-time work involves working part-time during the week, or during a working day or shift. Issues of establishing part-time working hours are regulated by Article 93 of the Labor Code of the Russian Federation.
An example of establishing part-time work
An employee is busy not five working days, but four, or not eight hours per shift, but six.
From June 29, 2017, employers have the right to simultaneously assign an employee a part-time day and a part-time week. For example, a four-hour schedule on Monday and Thursday. Before this, Article 93 of the Labor Code of the Russian Federation allowed to shorten either a week or days.
Also, in Article 93 of the Labor Code of the Russian Federation, from June 29, 2017, a rule appeared that an employee can have a part-time working day, dividing it into parts. For example, two hours in the morning and three hours in the evening. Previously, there were no such provisions in the Labor Code of the Russian Federation.
This is how part one of Article 93 of the Labor Code of the Russian Federation is read after amendments have been made to it:
The employer can transfer any employee to work with a part-time schedule at his request. However, in some cases the employer is obliged to establish a part-time working schedule for the employee. This must be done as requested:
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The adopted amendments supplemented, from June 29, 2017, the provisions of Article 93 of the Labor Code of the Russian Federation with a new norm stating that the above categories of working time and rest time, including the duration of daily work (shift), the start and end time of work, the time of breaks in work, must be established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.
Thus, for example, a pregnant woman may want her work day to start two hours later than usual. The employer will be obliged to take this kind of wish into account when establishing part-time work. Similarly, at the request of the employee, the time can be changed and, for example, lunch break or shifts.
An irregular working day is a work mode when some employees may, by order of the employer, if necessary, be involved in work outside the working hours established for them (Article 101 of the Labor Code of the Russian Federation).
A feature of an irregular working day is the nature of work when, for reasons beyond a person’s control, it is not possible to perform all of one’s functions during working hours. For example, establishing irregular working hours for a lawyer will help to attract him to participate in court hearings that take place outside the normal working day.
But is it permissible to establish an irregular working day for an employee who is employed part-time? Can. Let us explain why.
The introduction of an irregular working day means that a person works outside the working hours established for him, including outside part-time working hours: a day or a shift (Article 101 of the Labor Code of the Russian Federation). Therefore, for an employee who works part-time, the employer has the right to establish an irregular working day.
The law commented on Article 101 of the Labor Code of the Russian Federation since June 29, 2017, supplemented by the rule that an irregular working day may be established for an employee working on a part-time basis. But only if two conditions are simultaneously met:
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Thus, it turns out that if a person works, for example, part-time (shift) in a part-time work week, then he cannot be assigned an irregular working day. After all, then the two above conditions are not met.
Now the Labor Code of the Russian Federation prohibits the establishment of both irregular and part-time working hours. If the employment contract contains both conditions, then the contract should be amended after June 29, 2017.
Article 108 of the Labor Code of the Russian Federation defines the rules governing the establishment of breaks for rest and food. It is stipulated that the lunch break is fixed in employment contracts or in local acts (for example, in the Internal Labor Regulations). In this case, the duration of the lunch break cannot be less than 30 minutes and more than two hours.
The law being commented on clarifies that from June 29, 2017, employees can be left without a lunch break if they work for four hours or less. A provision regarding this must be included in employment contract or in the Internal Labor Regulations. Before this, the rules were the same for everyone. The break must be regardless of the length of the working day.
The employer's management may require a person to work overtime. It should be understood as work outside the established working hours (Article 99 of the Labor Code of the Russian Federation).
Overtime work is work at the request of the employer outside the established working hours:
Article 152 “Payment for overtime work” of the Labor Code of the Russian Federation states that overtime work is paid for the first two hours of work at least one and a half times the amount. And in the following hours - no less than double the amount.
Now Article 152 of the Labor Code of the Russian Federation has been supplemented with a new paragraph. It says that the rules of Article 152 of the Labor Code of the Russian Federation apply to work beyond the norm only on weekdays. If an employee works on weekends or holidays, then his work is paid according to Article 153 “Payment for work on weekends and non-working holidays” of the Labor Code of the Russian Federation. That is, no less than double the amount.
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.
The Labor Code of the Russian Federation was adopted during the Soviet Union. And therefore he did not meet the requirements of 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 workers' compensation, e.g. social sphere very big. 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:
The relationship between employee and employer is regulated by a special set of rules, which are presented in the Labor Code of the Russian Federation. Federal Law 197, or the labor law in the Russian Federation, is a fundamental document along with federal laws RF. The conditions of working relationships are changing, and therefore the legal acts that regulate them are also changing.
The Labor Code of the Russian Federation was adopted by the State Duma on December 21, 2001. It received approval from the Federation Council 5 days later, namely on December 26, 2001.
Consists of 6 parts, each of which includes several sections (14), divided into chapters (62).
So, the Labor Code of the Russian Federation regulates:
The goals of the current labor law of the Russian Federation are as follows:
The main task of the Labor Code of the Russian Federation is to create such legal conditions that would facilitate the achievement of a consensus of interests of both parties in the working relationship. Also 197 Federal Law is aimed at regulating legal relations workers and employers, as well as relations regarding:
The latest changes and edition of the current labor law were made on July 1, 2017. The edition and the changes made are regulated by the Federal Law on the entry into force of the Labor Code of the Russian Federation under number 139.
Due to the fact that the conditions labor relations between the employee and the employer change, and the current federal laws also change. Thus, the latest changes to the labor law in the Russian Federation were made on July 1, 2017.
The changes affected the following articles:
Article 63
In part two of Article 63 of the current Labor Code of the Russian Federation, amendments have been made regarding persons who are over 15 years old. They have the right to enter into a contract and perform light work which will not harm their health. Those of them who decide to continue their studies after completing the general educational program can also work under a contract, but if this does not harm their education and mastery of the program.
Part three of Article 63 of the Labor Code of the Russian Federation describes the conditions for hiring persons over 14 years of age. With the consent of parents or guardians, they can enter into a formal contract with the employer. If they receive further education, they can work in a position that requires light tasks and should not interfere with the program.
Article 92
Part four of Article 92 sets out provisions regarding the work of persons under 18 years of age. During the year, in conjunction with their studies, they can take up positions that will take them no more than half the time that they could spend on studying.
Article 94
The second part of the article is supplemented by provisions stating that persons aged between 14 and 15 years can work under a contract for no more than 4 hours. In the previous version of the law, the number of hours was indicated starting from 15 years.
The third part of the article made amendments regarding the work of those who still receive secondary or vocational education. If they express a desire to work, then according to the law, they are entitled to:
The main changes and amendments to the labor law in the Russian Federation affected the work of minors. The state is officially allowed to work if permission is given from parents and guardianship authorities. The work should be easy and not exceed the required number of hours.
All articles in the Labor Code of the Russian Federation describe the procedure for labor activity, concluding a contract and the procedure for working relations between employer and employee. Labor laws are violated every day, and citizens cannot defend themselves. To do this, you need to familiarize yourself with the provisions of labor law.
Each section of labor law describes what rights and responsibilities both parties to the work process have. If one of the parties violates its duties, or if there is abuse of power on the part of superiors, punishment is imposed in accordance with the regulations. These may include fines, depending on the situation.
Each side labor process bears financial responsibility. If an employee damages the employer’s property, according to the law he will pay a fine, or there will be deductions from wages, deprivation of bonuses, etc.
Such nuances are described in the labor law, so it is suggested that you familiarize yourself with it in more detail.
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Every citizen who has a job and is officially employed in accordance with all the rules and laws wants to work in normal conditions, receive decent pay for their work and not worry about their future pension. It is precisely so that every worker can count on fair work that the Labor Code of the Russian Federation exists.
The Labor Code of the Russian Federation is complex system rules, definitions, laws and additions to them. It reveals every subtlety labor standards and relationships. The Labor Code of the Russian Federation is the main document that ensures the rights and defines the responsibilities of every working citizen of Russia, as well as regulating the activities of employers throughout the country.
The Labor Code of the Russian Federation is actually much deeper and more multifaceted than it might seem at first glance. It performs three main functions:
These are just three main functions that cannot fully describe everything that the Labor Code provides and obliges. However, if we talk in simple language, then the Labor Code of the Russian Federation is a set of documents that protects absolutely every working person in Russia from the arbitrariness of their superiors or from other circumstances.
This is a fairly large set of rules, for greater convenience, combined into six different parts of the labor code. They all have their own characteristics and, in general, are quite different from each other:
Both the employer and the employee must know the Labor Code. However, they do not necessarily have to know it equally. This is due to the fact that not all the subtleties of the Labor Code of the Russian Federation will be required by an ordinary employee. The worker should know only the basic provisions, from which he must understand what he owes the employer and what the employer owes him. The employer needs to know the Labor Code in full, since it is he who provides his employees with everything necessary for work.
Remember that ignorance of the labor code can lead to very sad consequences. If the employer has not studied the Labor Code, then he may violate the rights of his own employees, either accidentally or intentionally. And if the Labor Code of the Russian Federation is not known to the employee himself, then he is unlikely to be able to competently defend his rights and demand the benefits entitled to him by law. At the same time, even the most superficial acquaintance can give you a lot of advantages when applying for a job, at work, and when disputes arise with other employees or even with superiors.
