In accordance with the shopping mall of the Russian Federation. Labor Code of the Russian Federation

Labor legislation helps to resolve issues that arise between the employee and the employer about the labor relations that exist between them. There are several important laws and regulations that you cannot do without in your labor activity.

The main document on labor law is Labor Code... It regulates the general foundations of labor relations, without specifics and specifics. For example, in one of its articles it is said that the employer is obliged to pay his employee an annual leave, and the amount and procedure for payment is regulated by another law.
This law consists of 424 articles, which are combined into 62 chapters. Each chapter of the code is important in dealing with labor issues.
The Labor Code is important for both the employee and the employer.

Civil Code

If we are talking about civil law relations, then the norms of the Labor Code of the Russian Federation cannot be applied. To regulate such relations, it is necessary to be guided by the provisions of the Civil Code, and in particular:

• For chapter 37 "Consecutively";
• Chapter 38 "Performing research, development and technological work";
• For chapter 39 "Paid provision of services"

Constitution of the Russian Federation

The Constitution of our country is directly related to labor activity. In paragraph 2 of Art. 7 says that "labor is protected by the state" by establishing minimum size wages.
Also in Art. 37 says that every citizen of our country has the right to choose a profession and work activity at his own discretion.
The Constitution speaks of the crime of labor discrimination on any grounds.

Administrative Code

In Art. 37 of the Constitution states that every citizen has the right to receive remuneration for his work. If the employer, who must pay remuneration (that is, wages and other payments), does not comply with his obligations, then he is subject to administrative liability under Art. 5. 27 and 5. 31 of the Administrative Code of the Russian Federation for an administrative offense.

Criminal Code

In cases of regular violation of labor legislation by the employer, the employer may also be subject to criminal punishment in accordance with Art. 145.1 of the Criminal Code of the Russian Federation.

tax code

This federal law is connected with Chapter 23 labor legislation, regarding the calculation and payment of income tax from each employee who works under an employment contract.
The provisions of this chapter are used more often by accountants than by employees. However, the latter need to know the provisions of Art. 218 of the Tax Code of the Russian Federation on the provision of standard tax deductions to persons with children.

In the Law of the Russian Federation of 19.04.1991, No. 1032-1 "On employment of the population in Russian Federation"the definition of employed and unemployed citizen, suitable and unsuitable work is given.
This law regulates the provision of guarantees from the state to employed and unemployed citizens of our country.

Labor Protection Law

Federal Law of 17.07.1999 No. 181-FZ "On the basics of labor protection in the Russian Federation" says that every employee has the right to work in acceptable and safe conditions.
If one of the parties to the labor relationship violates the labor protection conditions, then it is subject to civil liability in accordance with the provisions of Chapter 59 of the Civil Code of the Russian Federation.

Trade Union Law

Trade unions and similar organizations began to revive in factories after 2008. But they still have to be guided in their activities by the Federal Law of January 12, 1996 N 10-FZ "On trade unions, their rights and guarantees of activity."
This law talks about the rights of trade union organizations, the guarantees they provide to workers, about the protection of their rights and responsibilities.

There is such a Federal Law of 03/07/2018 "On Personal Data". There are 25 articles in this law in total, and they are combined into 6 chapters.
Each employer, hiring an employee, gets access to his personal data - full name, passport data, numbers and series of diplomas and other information. The employer has no right to disclose this information. Both sides of the employment relationship should be aware of this.

Trade secret law

The employer has the right to classify some information concerning the activities of his enterprise as a commercial secret. This must be done in accordance with the Federal Law of 24.07.2004 No. 98-FZ "On commercial secrets."
The employee, in turn, does not have the right to disclose information that constitutes a trade secret with the employer, if he has access to it, due to the performance of his job duties.
Such an employee may be subject to disciplinary responsibility by the employer. However, the employer must also familiarize each employee with the provision on such secrecy.

About rescheduling weekends

Every year the Government of our country develops a new Decree on the transfer of days off. In 2015, the Resolution of the Government of the Russian Federation of 27.08.2014 No. 860 "On the transfer of days off" is in effect.
Both the employees and the employer must familiarize themselves with this Regulation in order to effectively use the available working time.

About average wages

Every employee should know that payments are sick leave, for vacation and other payments, are calculated based on the average wages this employee.
But not everyone knows how this average value calculated. For this, there is a Resolution of the Government of the Russian Federation of 24/12/2007 No. 922 "On the specifics of the procedure for calculating average wages."
Accountants are guided by this Resolution, but the employee also needs to familiarize himself with it.

On benefits for pregnancy and childbirth, as well as childcare

There are no organizations where women do not work. To calculate the average earnings for the payment of benefits to women who go on maternity leave or already have children under the age of 1.5 years, there is a Regulation on the calculation of average earnings (income, monetary allowance) when assigning maternity benefits and monthly care benefits child to certain categories of citizens, approved. Decree of the Government of the Russian Federation of December 29, 2009 N 1100.
This Regulation is important for both the female employee and the employer.

Laws regulating relations with certain categories of workers

In addition to the above regulations and laws, there are many more that govern specific labor relations. For example, Federal Law No. 125-FZ of 22.10.2004 "On archival affairs in the Russian Federation" or the Regulation "On the specifics of sending workers to business trips", Approved by the Decree of the Government of the Russian Federation of 13. 10. 2008 No. 749.

About working conditions

The laws that regulate specific working conditions include the Law of the Russian Federation dated 19.02.1993, No. 4520 - I "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equated Localities". This law refers to the specification of payroll for those people who work in difficult climatic conditions, taking into account regional coefficients and northern allowances.

About performed labor functions

The laws of the Russian Federation of 11.03.1992 No. 2487-I "On private detective and security activities in the Russian Federation" and the Law of the Russian Federation of 26.06.1992 No. 3131-I " On the status of judges in the Russian Federation ".

Regional legislation

Regional authorities have the right to issue their own regulations, which cannot contradict federal legislation. For example, the Law of the city of Moscow dated 22.10.1997 No. 41 "On liability for violation of the procedure for attracting and using foreign work force" With latest changes and additions.

Part I

Section I. General Provisions

Article 1. Goals and objectives of labor legislation
Article 2. Basic principles legal regulation labor relations and other relations directly related to them
Article 3. Prohibition of discrimination at work
Article 4. Prohibition of forced labor
Article 5. Labor legislation and other acts containing labor law norms
Article 6. Delineation of powers between federal bodies state power and public authorities of the constituent entities of the Russian Federation in the field of labor relations and other relations directly related to them
Article 7. Abolished
Article 8. Local regulations containing labor law norms
Article 9. Contractual regulation of labor relations and other relations directly related to them
Article 10. Labor legislation, other acts containing labor law norms, and international law norms
Article 11. Effect of labor legislation and other acts containing labor law norms
Article 12. Effect of labor legislation and other acts containing labor law norms in time
Article 13. The effect of labor legislation and other acts containing labor law norms in space
Article 14. Calculation of time limits

Article 15. Labor relations
Article 16. Grounds for the emergence of labor relations
Article 17. Labor relations arising on the basis of an employment contract as a result of election to office
Article 18. Labor relations arising on the basis of an employment contract as a result of election by competition
Article 19. Labor relations arising on the basis of an employment contract as a result of appointment to office or approval in office
Article 19.1 Labor relations arising on the basis of an employment contract as a result of the recognition of relations related to the use of personal labor and arising on the basis of a civil law contract, labor relations
Article 20. Parties to labor relations
Article 21. Basic rights and obligations of an employee
Article 22. Basic rights and obligations of the employer

Part II

Section II. Social partnership in the world of work

Article 23. The concept of social partnership in the world of work
Article 24. Basic principles of social partnership
Article 25. Parties to social partnership
Article 26. Levels of social partnership
Article 27. Forms of social partnership
Article 28. Peculiarities of application of the norms of this section

Article 29. Employee representatives
Article 30. Representation of workers' interests by primary trade union organizations
Article 31. Other representatives of employees
Article 32. Obligations of the employer to create conditions that ensure the activities of employees' representatives
Article 33. Representatives of employers
Article 34. Other representatives of employers

Article 35. Commissions for the regulation of social and labor relations
Article 35.1. Participation of bodies of social partnership in the formation and implementation public policy in the world of work

Article 36. Conducting collective bargaining
Article 37. Procedure for collective bargaining
Article 38. Settlement of differences
Article 39. Guarantees and compensation to persons participating in collective bargaining

Article 40. Collective agreement
Article 41. Content and structure of the collective agreement
Article 42. Procedure for the development of a draft collective agreement and the conclusion of a collective agreement
Article 43. Validity of the collective agreement
Article 44. Changes and additions to the collective agreement
Article 45. Agreement. Types of agreements
Article 46. Content and structure of the agreement
Article 47. Procedure for developing a draft agreement and concluding an agreement
Article 48. Validity of the agreement
Article 49. Changes and additions to the agreement
Article 50. Registration of a collective agreement, agreement
Article 51. Control over the implementation of a collective agreement, agreement

Article 52. The right of employees to participate in the management of the organization
Article 53. The main forms of participation of employees in the management of the organization

Article 54. Responsibility for avoiding participation in collective bargaining, failure to provide information necessary for collective bargaining and monitoring compliance with the collective agreement, agreement
Article 55. Responsibility for violation or non-fulfillment of a collective agreement, agreement

Part III

Section III. Labor contract

Article 56. The concept of an employment contract. Parties to an employment contract
Article 56.1. Prohibition of agency work
Article 57. Content of an employment contract
Article 58. Duration of an employment contract
Article 59. Fixed-term employment contract
Article 60. Prohibition to demand the performance of work not specified labor contract
Article 60.1. Part-time work
Article 60.2. Combining professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in an employment contract
Article 61. Entry into force of an employment contract
Article 62. Issuance of copies of documents related to work

Article 63. Age from which it is allowed to conclude an employment contract
Article 64. Guarantees when concluding an employment contract
Article 64.1. Conditions for concluding an employment contract with former state and municipal employees
Article 65. Documents to be presented when concluding an employment contract
Article 66. Employment record book
Article 67. Form of employment contract
Article 68. Registration of employment
Article 69. Medical examination (examination) when concluding an employment contract
Article 70. Probation for employment
Article 71. The result of the test when hiring

Article 72. Changing the terms of the employment contract determined by the parties
Article 72.1. Transfer to another job. Moving
Article 72.2. Temporary transfer for another job
Article 73. Transfer of an employee to another job in accordance with a medical report
Article 74. Changing the terms of the employment contract determined by the parties for reasons related to changes in the organizational or technological working conditions
Article 75. Labor relations when changing the owner of the organization's property, changing the jurisdiction of the organization, its reorganization
Article 76. Suspension from work

Article 77. General grounds for termination of an employment contract
Article 78. Termination of an employment contract by agreement of the parties
Article 79. Termination of a fixed-term employment contract
Article 80. Termination of an employment contract on the initiative of an employee (by on their own)
Article 81. Termination of an employment contract on the initiative of the employer
Article 82. Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract on the initiative of the employer
Article 83. Termination of an employment contract due to circumstances beyond the control of the parties
Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law
Article 84.1. General order registration of termination of an employment contract

Article 85. The concept of employee personal data. Processing personal data of an employee
Article 86. General requirements when processing personal data of an employee and guarantees of their protection
Article 87. Storage and use of personal data of employees
Article 88. Transfer of personal data of an employee
Article 89. Rights of employees in order to ensure the protection of personal data stored by the employer
Article 90. Responsibility for violation of the rules governing the processing and protection of employee personal data

Section IV. Work time

Article 91. Concept of working time. Normal working hours
Article 92. Shortened working hours
Article 93. Incomplete work time
Article 94. Duration of daily work (shift)
Article 95. Duration of work on the eve of non-working holidays and days off
Article 96. Work at night
Article 97. Work outside the established working hours
Article 98. Abolished
Article 99. Overtime work

Article 100. Working hours
Article 101. Irregular working hours
Article 102. Working in flexible working hours
Article 103. Shift work
Article 104. Summarized recording of working hours
Article 105. Division of the working day into parts

Section V. Rest time

Article 106. Concept of rest time
Article 107. Types of rest time

Article 108. Breaks for rest and meals
Article 109. Special breaks for heating and rest
Article 110. Duration of weekly uninterrupted rest
Article 111. Days off
Article 112. Non-working holidays
Article 113. Prohibition of work on weekends and non-working holidays. Exceptional cases of attracting employees to work on weekends and non-working holidays

Article 114. Annual paid holidays
Article 115. Duration of annual basic paid leave
Article 116. Annual additional paid leave
Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous conditions labor
Article 118. Annual additional paid leave for the special nature of work
Article 119. Annual additional paid leave for employees with irregular working hours
Article 120. Calculation of the duration of annual paid leaves
Article 121. Calculation of the length of service giving the right to annual paid leave
Article 122. Procedure for granting annual paid leave
Article 123. Priority of granting annual paid leaves
Article 124. Extension or postponement of annual paid leave
Article 125. Division of annual paid leave into parts. Vacation recall
Article 126. Replacement of annual paid leave with monetary compensation
Article 127. Exercise of the right to leave upon dismissal of an employee
Article 128. Unpaid leave

Section VI. Remuneration and regulation of labor

Article 129. Basic concepts and definitions
Article 130. Basic state guarantees for remuneration of workers
Article 131. Forms of remuneration
Article 132. Payment according to work

Article 133. Determination of the minimum wage
Article 133.1. Determination of the size of the minimum wage in the constituent entity of the Russian Federation
Article 134. Ensuring an increase in the level of real content of wages
Article 135. Determination of wages
Article 136. Procedure, place and terms of payment of wages
Article 137. Limitation of deductions from wages
Article 138. Limitation of the amount of deductions from wages
Article 139. Calculation of average wages
Article 140. Terms of calculation upon dismissal
Article 141. Issuance of wages not received by the day of death of the employee
Article 142. Liability of the employer for violation of the terms of payment of wages and other amounts due to the employee
Article 143. Tariff systems of remuneration
Article 144. Systems of remuneration of employees of state and municipal institutions
Article 145. Remuneration for the heads of organizations, their deputies and chief accountants
Article 146. Remuneration for Labor in Special Conditions
Article 147. Remuneration for workers engaged in heavy work, work with harmful and (or) dangerous and other special conditions labor
Article 148. Remuneration for work in areas with special climatic conditions
Article 149. Remuneration for work in other cases of performance of work in conditions deviating from normal
Article 150. Remuneration for work when performing work of various qualifications
Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract
Article 152. Payment for overtime work
Article 153. Payment for work on weekends and non-working holidays
Article 154. Remuneration for night work
Article 155. Remuneration for non-fulfillment of labor standards, non-fulfillment of labor (official) duties
Article 156. Remuneration for labor in the manufacture of products that turned out to be defective
Article 157. Payment for downtime
Article 158. Remuneration for labor in the development of new industries (products)

Article 159. General Provisions
Article 160. Labor standards
Article 161. Development and approval of standard labor standards
Article 162. Introduction, replacement and revision of labor standards
Article 163. Provision of normal working conditions for the fulfillment of production standards

Section VII. Warranties and compensations

Article 164. Concept of guarantees and compensations
Article 165. Cases of providing guarantees and compensations

Article 166. Concept of business trip
Article 167. Guarantees when sending employees on business trips
Article 168. Reimbursement of expenses related to business travel
Article 168.1. Reimbursement of expenses related to official travel of employees, Full time job which is carried out on the way or has a traveling nature, as well as with work in the field, work of an expeditionary nature
Article 169. Reimbursement of expenses when moving to work in another locality

Article 170. Guarantees and compensations to employees involved in the performance of state or public duties
Article 171. Guarantees for employees elected to trade union bodies and commissions for labor disputes
Article 172. Guarantees to employees elected to elective positions in state bodies, local self-government bodies

Article 173. Guarantees and compensations for employees combining work with training in educational institutions higher vocational education, and employees entering these educational institutions
Article 173.1. Guarantees and compensation for employees who combine work with obtaining higher education- training highly qualified personnel, as well as employees admitted to the degree of candidate of science or doctor of science
Article 174. Guarantees and compensations to employees studying in educational institutions of secondary vocational education, and employees entering these educational institutions
Article 175. Guarantees and compensation for employees studying in educational institutions of primary vocational education
Article 176. Guarantees and compensation for employees studying in evening (shift) educational institutions
Article 177. Procedure for providing guarantees and compensations to employees who combine work with training

Article 178. Severance pay
Article 179. Preferential right to remain at work in case of reduction of the number or staff of employees
Article 180. Guarantees and compensation to employees in case of liquidation of an organization, reduction of the number or staff of employees of the organization
Article 181. Guarantees to the head of the organization, his deputies and the chief accountant upon termination of the employment contract in connection with the change of the owner of the property of the organization
Article 181.1 Severance benefits, compensation and other payments to employees in individual cases termination of employment contracts

Article 182. Guarantees when transferring an employee to another lower-paid job
Article 183. Guarantees to an employee in case of temporary incapacity for work
Article 184. Guarantees and compensations in case of an industrial accident and occupational disease
Article 185. Guarantees to employees sent for medical examination (examination)
Article 186. Guarantees and compensation to employees in case of donating blood and its components
Article 187. Guarantees and compensations to employees sent by the employer to improve their qualifications
Article 188. Reimbursement of expenses when using personal property of an employee

Section VIII. Labor schedule. Discipline of work

Article 189. Labor discipline and labor schedule
Article 190. Procedure for approval of internal labor regulations

Article 191. Incentives for work
Article 192. Disciplinary sanctions
Article 193. Procedure for the application of disciplinary sanctions
Article 194. Removal of disciplinary sanction
Article 195. Bringing to disciplinary responsibility of the head of the organization, the head structural unit organizations, their deputies at the request of the representative body of workers

Section IX. Professional training, retraining and advanced training of employees

Article 195.1. The concepts of employee qualifications, professional standards
Article 195.2. The procedure for the development and approval of professional standards
Article 195.3. Application of professional standards
Article 196. Rights and obligations of the employer for training and retraining of personnel
Article 197. The right of employees to vocational training, retraining and advanced training

Article 198. Apprenticeship agreement
Article 199. Content of the apprenticeship contract
Article 200. Term and form of apprenticeship contract
Article 201. Validity of the apprenticeship contract
Section 202. Organizational forms apprenticeship
Article 203. Time of apprenticeship
Article 204. Payment for apprenticeship
Article 205. Extension of labor legislation to pupils
Article 206. Invalidity of the terms of the apprenticeship contract
Article 207. Rights and obligations of apprentices upon completion of apprenticeship
Article 208. Grounds for termination of an apprenticeship contract

Section X. Labor protection

Article 209. Basic concepts
Article 210. Main directions of state policy in the field of labor protection

Article 211. State regulatory requirements for labor protection
Article 212. Obligations of the employer to ensure safe environment and labor protection
Section 213. Medical examinations some categories of workers
Article 214. Obligations of an employee in the field of labor protection
Article 215. Compliance of production facilities and products with state regulatory requirements for labor protection

Section 216. Public administration labor protection
Article 216.1. State examination of working conditions
Article 217. Labor protection service in the organization
Article 218. Committees (commissions) on labor protection

Article 219. The right of an employee to work in conditions that meet the requirements of labor protection
Article 220. Guarantees of the workers' right to work in conditions that meet the requirements of labor protection
Article 221. Provision of employees with personal protective equipment
Article 222. Dispensing milk and therapeutic and prophylactic nutrition
Article 223. Sanitary-household and medical-prophylactic services for employees
Article 224. Additional guarantees of labor protection for certain categories of workers
Article 225. Education and vocational training in the field of labor protection
Article 226. Financing of measures to improve working conditions and labor protection
Article 227. Accidents subject to investigation and registration
Article 228. Obligations of the employer in the event of an accident
Article 228.1. Procedure for notification of accidents
Article 229. Procedure for the formation of commissions for the investigation of accidents
Article 229.1. Terms of investigation of accidents
Article 229.2. Accident investigation procedure
Article 229.3. Investigation of accidents by state labor inspectors
Article 230. The order of registration of materials of investigation of accidents
Article 230.1. Procedure for registration and accounting of industrial accidents
Article 231. Consideration of disagreements on the investigation, registration and registration of accidents

Section XI. Material liability parties to the employment contract

Article 232. Obligation of a party to an employment contract to compensate for damage caused by it to the other party to this contract
Article 233. Conditions for the occurrence of material liability of a party to an employment contract

Article 234. Obligation of the employer to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work
Article 235. Material liability of the employer for damage caused to the property of the employee
Article 236. Material liability of the employer for delay in payment of wages and other payments due to the employee
Article 237. Compensation for moral damage caused to an employee

Article 238. Material liability of an employee for damage caused to the employer
Article 239. Circumstances precluding material liability of an employee
Article 240. Right of the employer to refuse to recover damages from the employee
Article 241. Limits of material liability of an employee
Article 242. Full material liability of an employee
Article 243. Cases of full financial liability
Article 244. Written agreements on full material liability of employees
Article 245. Collective (brigade) material liability for damage
Article 246. Determination of the amount of damage caused
Article 247. Obligation of the employer to determine the amount of damage caused to him and the reason for its occurrence
Article 248. Procedure for recovery of damage
Article 249. Reimbursement of expenses related to employee training
Article 250. Decrease by the reviewing body labor disputes the amount of damage to be recovered from the employee

Part IV

Section XII. Features of labor regulation of certain categories of workers

Article 251. Features of labor regulation
Article 252. Grounds and procedure for establishing the specifics of labor regulation

Article 253. Jobs where the employment of women is restricted
Article 254. Transfer to another job of pregnant women and women with children under the age of one and a half years
Article 255. Maternity leave
Article 256. Parental leave
Article 257. Holidays for employees who adopt a child
Article 258. Breaks for feeding a child
Article 259. Guarantees for pregnant women and persons with family responsibilities when sent on business trips, involved in overtime work, work at night, weekends and non-working holidays
Article 260. Guarantees for women in connection with pregnancy and childbirth when determining the priority of granting annual paid leave
Article 261. Guarantees for pregnant women, women with children, and persons raising children without a mother, upon termination of an employment contract
Article 262. Additional days off for persons caring for disabled children and women working in rural areas
Article 262.1. The sequence of granting annual paid leaves by persons raising children with disabilities
Section 263. Additional vacations unpaid caregivers
Article 264. Guarantees and benefits for persons raising children without a mother

Article 265. Work in which the employment of persons under the age of eighteen is prohibited
Article 266. Medical examinations (examinations) of persons under the age of eighteen
Article 267. Annual basic paid leave for employees under the age of eighteen years
Article 268. Prohibition of sending on business trips, engaging in overtime work, work at night, on weekends and non-working holidays of employees under the age of eighteen
Article 269. Additional guarantees for employees under eighteen years of age upon termination of an employment contract
Article 270. Production rates for employees under the age of eighteen years
Article 271. Remuneration for workers under the age of eighteen years with a reduced duration of daily work
Article 272. Features of employment of persons under the age of eighteen

Article 273. General Provisions
Article 274. Legal basis for regulating the work of the head of the organization
Article 275. Conclusion of an employment contract with the head of the organization
Article 276. Work of the head of the organization in combination
Article 277. Material liability of the head of the organization
Article 278. Additional grounds for terminating an employment contract with the head of an organization
Article 279. Guarantees to the head of the organization in case of termination of the employment contract
Article 280. Early termination of an employment contract on the initiative of the head of the organization
Article 281. Features of the regulation of labor of members of the collegial executive body organization

Article 282. General provisions on part-time work
Article 283. Documents presented when applying for a part-time job
Article 284. Duration of working hours in case of part-time work
Article 285. Remuneration for the work of persons working part-time
Article 286. Leave when working part-time
Article 287. Guarantees and compensation to persons working part-time
Article 288. Additional grounds for termination of an employment contract with persons working part-time

Article 289. Conclusion of an employment contract for up to two months
Article 290. Engaging in work on weekends and non-working holidays
Article 291. Paid holidays
Section 292. Termination of an employment contract

Article 293. Seasonal work
Article 294. Features of the conclusion of an employment contract on the performance of seasonal work
Article 295. Paid vacations for employees engaged in seasonal work
Article 296. Termination of an employment contract with employees engaged in seasonal work

Article 297. General provisions on work on a rotational basis
Article 298. Restrictions on work on a rotational basis
Article 299. Duration of a watch
Article 300. Accounting for working hours when working on a rotational basis
Article 301. Regimes of work and rest when working on a rotational basis
Article 302. Guarantees and compensations to persons working on a rotational basis

Article 303. Conclusion of an employment contract with an employer who is an individual
Article 304. Term of an employment contract
Article 305. Modes of work and rest
Article 306. Amendment of the terms of the employment contract determined by the parties by the employer
Article 307. Termination of an employment contract
Article 308. Resolution of individual labor disputes
Article 309. Documents confirming the period of work with employers - individuals

Article 309.1. General Provisions
Article 309.2 Regulation of labor relations and other relations directly related to them with an employer - a small business entity, which is classified as a micro-enterprise, local regulations containing labor law norms, and labor contracts

Article 310. Homeworkers
Article 311. Conditions under which home work is allowed
Section 312. Termination of an employment contract with homeworkers

Article 312.1. General Provisions
Article 312.2. Specifics of concluding and changing the terms of an employment contract on teleworking
Article 312.3. Features of the organization and labor protection teleworkers
Article 312.4. Features of the working time and rest time of a remote worker
Article 312.5. Features of termination of an employment contract on teleworking

Article 313. Guarantees and compensations to persons working in the regions of the Far North and areas equated to them
Article 314. Work experience required to obtain guarantees and compensation
Article 315. Remuneration for Labor
Article 316. Regional coefficient to wages
Article 317. Percentage supplement to wages
Article 318. State guarantees to an employee who is dismissed in connection with the liquidation of an organization or a reduction in the number or staff of employees of the organization
Article 319. Additional day off
Article 320. Shortened working week
Article 321. Annual additional paid leave
Article 322. Procedure for granting and combining annual paid leaves
Article 323. Guarantees of medical care
Article 324. Conclusion of an employment contract with persons recruited to work in the regions of the Far North and areas equated to them from other localities
Article 325. Compensation for the cost of travel and baggage transportation to and from the place of vacation use
Article 326. Compensation of expenses related to relocation
Article 327. Other guarantees and compensations

Article 327.1. General Provisions
Article 327.2. Specifics of concluding an employment contract with an employee who is a foreign citizen or stateless person
Article 327.3. Documents presented by a foreign citizen or stateless person when applying for a job
Article 327.4. Features of the temporary transfer of an employee who is a foreign citizen or stateless person
Article 327.5. Peculiarities of suspension from work of an employee who is a foreign citizen or stateless person
Article 327.6. Features of termination of an employment contract with an employee who is a foreign citizen or stateless person
Article 327.7. Features of payment of severance pay to an employee who is a foreign citizen or stateless person

Article 328. Hiring a job directly related to the movement of vehicles
Article 329. Working time and rest time of employees whose work is directly related to the movement of vehicles
Article 330. Discipline of employees whose work is directly related to the movement of vehicles

Article 330.1. General Provisions
Article 330.2. Features of admission to underground work
Article 330.3. Medical examinations (examinations) of workers employed in underground works
Article 330.4. Suspension from work of workers employed in underground works
Article 330.5. Additional responsibilities employer in the organization and conduct of underground work

Article 331. Right to engage in teaching activities
Article 331.1. Features of the suspension from work of teaching staff
Article 332. Features of the conclusion and termination of an employment contract with employees of organizations carrying out educational activities for the implementation of educational programs of higher education and additional professional programs
Article 333. Duration of working hours of teaching staff
Article 334. Annual basic extended paid leave
Article 335. Long leave of teaching staff
Article 336. Additional grounds for termination of an employment contract with a teacher

Article 336.1. Features of the conclusion and termination of an employment contract with a researcher
Article 336.2. Supervisor scientific organization, deputy heads of a scientific organization
Article 336.3. Additional grounds for termination of an employment contract with the head, deputy head of a scientific organization

Article 337. Bodies sending employees to diplomatic missions and consular offices of the Russian Federation, as well as to representations of federal executive bodies and government agencies Of the Russian Federation abroad
Article 338. Employment contract with an employee sent to work in a representative office of the Russian Federation abroad
Article 339. Working and rest conditions of workers sent to work in the representations of the Russian Federation abroad
Article 340. Guarantees and compensations to employees sent to work in the representations of the Russian Federation abroad
Article 341. Grounds for termination of work in a representative office of the Russian Federation abroad

Article 341.1. General Provisions
Article 341.2. Features of the regulation of the labor of workers sent temporarily by a private employment agency to other individuals or legal entities under an agreement on the provision of labor of employees (personnel)
Article 341.3. Features of the regulation of the labor of workers sent temporarily by an employer, which is not a private employment agency, to other legal entities under an agreement on the provision of labor of employees (personnel)
Article 341.4. Investigation of an accident that occurred with an employee who was sent temporarily to work under an agreement on the provision of labor of employees (personnel) and who participated in the production activities of the receiving party
Article 341.5. Subsidiary liability for the obligations of the employer arising from labor relations with employees sent temporarily to work under an agreement on the provision of labor of employees (personnel)

Article 342. Parties to an employment contract in a religious organization
Article 343. Internal regulations of a religious organization
Article 344. Features of the conclusion of an employment contract with religious organization and its changes
Article 345. Working hours of persons working in religious organizations
Article 346. Material liability of employees of religious organizations
Article 347. Termination of an employment contract with an employee of a religious organization
Article 348. Consideration of individual labor disputes of workers of religious organizations

Article 348.1. General Provisions
Article 348.2. Features of the conclusion of labor contracts with athletes, with coaches
Article 348.3. Medical examinations of athletes
Article 348.4. Temporary transfer of an athlete to another employer
Article 348.5. Removal of an Athlete from Participation in Sports Competitions
Article 348.6. Sending athletes, coaches to sports teams of the Russian Federation
Article 348.7. Features of the work of an athlete, part-time coach
Article 348.8. Features of labor regulation of athletes under the age of eighteen years
Article 348.9. Features of labor regulation of women-athletes
Article 348.10. Additional guarantees and compensations for athletes, coaches
Article 348.11. Additional grounds for termination of an employment contract with an athlete
Article 348.11-1. Additional grounds for terminating an employment contract with a coach
Article 348.12. Features of termination of an employment contract with an athlete, with a coach

Article 349. Regulation of the labor of persons working in the organizations of the Armed Forces of the Russian Federation, federal bodies executive power and federal state bodies, in which the legislation of the Russian Federation provides for military service, as well as workers undergoing alternative civilian service replacing military service
Article 349.1. Features of labor regulation of employees of state corporations, public companies, state companies
Article 349.2. Features of the regulation of workers' labor The Pension Fund Of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, other organizations created by the Russian Federation on the basis of federal laws, organizations created to fulfill the tasks assigned to federal state bodies
Article 349.3. Limiting the size of severance pay, compensation and other payments in connection with the termination of employment contracts for certain categories of employees
Article 349.4. Features of labor regulation of certain categories of employees of credit institutions
Article 349.5. Placing information on the average monthly salary of managers, their deputies and chief accountants of organizations in the information and telecommunications network "Internet"
Article 350. Some features of the regulation of the work of medical workers
Article 351. Regulation of labor of creative workers of funds mass media, organizations of cinematography, television and video filming collectives, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (display) of works
Article 351.1. Restrictions on employment in the field of education, upbringing, development of minors, the organization of their recreation and health improvement, medical support, social protection and social service, in the field of youth sports, culture and art with the participation of minors
Article 351.2. Features of labor regulation of persons whose labor activity is related to the preparation and holding of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup in the Russian Federation
Article 351.3. Some features of the regulation of the labor of workers in the field of special assessment working conditions
Article 351.4. Additional grounds for termination of an employment contract with an assistant, notary employee
Article 351.5. Features of the labor activity of persons working for residents of the territory of advanced socio-economic development

Part V

Section XIII. Protection labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms

Article 352. Ways to protect labor rights and freedoms

Section 353. State control(supervision) over the observance of labor legislation and other normative legal acts containing labor law norms
Article 353.1. Departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms
Article 354. Federal Labor Inspectorate
Article 355. Principles of activity and main tasks of the federal labor inspectorate
Section 356. Basic Powers of the Federal Labor Inspectorate
Article 357. Fundamental rights of state labor inspectors
Article 358. Duties of state labor inspectors
Article 359. Independence of state labor inspectors
Article 360. Procedure for organizing and conducting inspections of employers
Article 361. Appealing against decisions of state labor inspectors
Article 362. Responsibility for violation of labor legislation and other normative legal acts containing labor law norms
Article 363. Responsibility for obstructing the activities of state labor inspectors
Article 364. Responsibility of state labor inspectors
Article 365. Interaction of the federal labor inspectorate with state bodies, local self-government bodies and organizations
Section 366. State supervision for compliance with the requirements for the safe conduct of work at hazardous production facilities
Article 367. Federal state energy supervision
Article 368. Federal State Sanitary and Epidemiological Surveillance
Article 369. State supervision over compliance with nuclear and radiation safety requirements

Article 370. The right of trade unions to monitor compliance with labor legislation and other regulatory legal acts containing labor law norms, compliance with the terms of collective agreements and agreements
Article 371. Adoption of decisions by the employer taking into account the opinion of the trade union body
Article 372. The procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations
Article 373. Accounting procedure motivated opinion the elected body of the primary trade union organization upon termination of the employment contract at the initiative of the employer
Article 374. Guarantees to employees who are elected collegial bodies trade union organizations and not released from their main job
Article 375. Guarantees for released trade union workers
Article 376. Guarantees of the right to work for employees who were members of an elected trade union body
Article 377. Obligations of the employer to create conditions for the activities of the elected body of the primary trade union organization
Article 378. Responsibility for violation of the rights of trade unions

Article 379. Forms of self-defense
Article 380. Obligation of the employer not to hinder employees in the exercise of self-defense

Article 381. Concept of individual labor dispute
Article 382. Bodies for consideration of individual labor disputes
Article 383. Procedure for consideration of labor disputes
Article 384. Formation of labor dispute commissions
Article 385. Competence of the labor dispute committee
Article 386. Term for applying to the labor dispute commission
Article 387. Procedure for consideration of an individual labor dispute in a labor dispute commission
Article 388. Procedure for making a decision by the labor dispute commission and its content
Article 389. Execution of decisions of the labor dispute committee
Article 390. Appealing against a decision of a labor dispute commission and transferring consideration of an individual labor dispute to a court
Article 391. Consideration of individual labor disputes in courts
Article 392. Time limits for applying to court for resolution of individual labor dispute
Article 393. Exemption of employees from court costs
Article 394. Making decisions on labor disputes on dismissal and transfer to another job
Article 395. Satisfaction of monetary claims of an employee
Article 396. Execution of decisions on reinstatement at work
Article 397. Restriction of the recovery of amounts paid by decision of the bodies considering individual labor disputes

Article 398. Basic concepts
Article 399. Presentation of claims of employees and their representatives
Article 400. Consideration of claims of employees, trade unions and their associations
Article 401. Conciliation procedures
Article 402. Consideration of a collective labor dispute by a conciliation commission
Article 403. Consideration of a collective labor dispute with the participation of a mediator
Article 404. Consideration of a collective labor dispute in labor arbitration
Article 405. Guarantees in connection with the settlement of a collective labor dispute
Article 406. Avoidance of participation in conciliation procedures
Article 407. Participation government agencies for the settlement of collective labor disputes in the resolution of collective labor disputes
Article 408. Agreements reached in the course of settlement of a collective labor dispute
Article 409. Right to strike
Article 410. Announcement of a strike
Article 411. Body leading a strike
Article 412. Obligations of the parties to a collective labor dispute during a strike
Article 413. Illegal strikes
Article 414. Guarantees and legal position workers in connection with the strike
Section 415. Prohibition of Lockout
Article 416. Responsibility for avoiding participation in conciliation procedures, failure to comply with an agreement reached as a result of a conciliation procedure, non-execution or refusal to execute a decision of a labor arbitration
Article 417. Liability of employees for illegal strikes
Article 418. Maintaining documentation when considering and resolving a collective labor dispute

Article 419. Types of responsibility for violation of labor legislation and other acts containing labor law norms

Article 420. Terms of entry into force of this Code
Article 421. The procedure and terms for the introduction of the minimum wage provided for in the first part of Article 133 of this Code
Article 422. Invalidation of certain legislative acts
Article 423. Application of laws and other normative legal acts
Article 424. Application of this Code to legal relations arising before and after its entry into force

The Labor Code of the Russian Federation is a set of labor laws that regulate labor relations between employees and employers. With the help of these laws, the basic rights and obligations of those involved in labor process.

With the help of TCs, optimal working conditions and there is agreement in labor disputes over the laws. The Labor Code guarantees employees the right to dignity protection, social insurance, compensation for harm caused to the health of the employee in the process of work.

The Labor Code of the Russian Federation was adopted on 30.12. 2001 and has the designation 197-FZ. In the process of using the TC, as necessary, changes and additions are made to it related to the new requirements of working life. The TC of the 2016 version consists of 424 articles, located in 62 chapters, 14 sections and 6 parts.

Who needs to know TC?

The main provisions of the Labor Code should be understood, first of all, by employees and employers.

Employees need to know the main provisions of the laws in order not to be deceived in financial payments, infringed on their rights, including the right to rest.

Employers must be aware of the provisions of the code in order to ensure all workers' rights and avoid unnecessary confrontation, etc. At the same time, almost all conflicts that arise between the two parties involved in the labor process can be settled with the help of the TC.

The main provisions of the Labor Code should be presented to young people who are just entering labor activity. Knowing their rights and obligations described in the Labor Code, they will be able to correctly assess the correctness of what is concluded with the employer.

Accurate knowledge of TC is necessary for those people who often encounter practical application code. This applies to employees of the personnel department, managers of enterprises and companies, employees of the labor protection department.

Thus, with the help of the Labor Code of the Russian Federation, the entire range of relationships existing in the process of labor activity is regulated.

A brief history of labor legislation in Russia

The labor code was first adopted in France in 1910. In Russia, labor legislation was introduced in 1918 in the form of the Labor Code (Labor Code). This Labor Code, with amendments and additions, was in effect until the adoption of the new Labor Code of the Russian Federation.

Comparison of TC and Labor Code

Compared to the Labor Code, TC has the following main differences:

1. the Labor Code contains 424 articles, while the Labor Code had only 225 articles. This speaks of the expansion of the boundaries of the labor laws;
2. TC is focused on market relations in the country, a variety of forms of ownership, adoption labor resources as a commodity, while the Labor Code was designed for regulated labor;
3. The Labor Code regulates the whole variety of labor relations without reference to any bylaws. In the Labor Code, on issues related to market relations, there were references to other laws;
4. the Labor Code provides a minimum set of rights and obligations for workers and employers, which gives wide scope for the conditions of a real labor agreement. Under the Labor Code, all employers and employees had the same set of rights and obligations;
5. the TC introduced a new concept of "social partnership". Thus, the contractual nature of labor and equality (partnership) between workers and employers are declared;
6. according to the Labor Code, upon leaving for work, a mandatory written contract of employment... Under the Labor Code, such confirmation is not necessary - it was enough to go to work.

What an employee and employer need to know

Sections of the Labor Code

The Labor Code of the Russian Federation consists of 6 parts.

First part

Dedicated to the basics of labor legislation, concepts, principles and objectives of the code. It introduced articles related to the prohibition of discrimination in labor activity, forced labor, the delineation of labor powers between different branches of government, as well as the priority of the Labor Code over other labor laws.

This section gives general concept employee and employer, provides a definition of discrimination in employment and forced labor. At the same time, the concept of forced labor in the Labor Code has a broader interpretation than in the ILO Convention. The Labor Code also includes cases when the employer does not pay in full or forces the employee to work in conditions of danger to his life or health.

In Art. 20 defines the concepts of an employee and an employer. An employee is a person who has entered into an employment relationship with an employer. The employer can be either.

Second part

Relationships in the world of work are considered as social partnership... The basic concepts and principles of social partnership are given,. At the same time, social partnership is understood as a system that determines the relationship between employees, employers and authorities. This system should coordinate the interests of the parties involved in the labor process.

Trade unions are recognized as representatives of workers in the Labor Code, and managers of enterprises or other authorized persons are recognized as representatives of the employer.

The third part

Dedicated to the employment contract, which is the main instrument of labor relations and regulates them from the conclusion to the termination of the contract.

The concept of an employment contract includes the obligations of the employer and the employee.

The employer is obliged to ensure that labor actions and pay wages, and the employee must work hard and be disciplined.

This part of the Labor Code addresses the issues of concluding, changing and terminating an employment contract. It also introduced the concept of the employee's personal data, which the employer is obliged to protect.

In the fourth section of the third part of the TC, the concept is introduced and different options its use. In accordance with the Labor Code, working time is the time an employee performs his job duties in accordance with the employment contract.

Working time also includes some periods of time referred to working time according to the laws of the Russian Federation and the Labor Code of the Russian Federation. At the same time, normal working hours are 40 hours per week.

The 5th section of the third part of the TC is devoted to the concept of rest time, that is, time , in which the employee is released from work and in which he can rest.

This section covers the different types of rest time, from lunch breaks to. In particular, the employee must be given a break for meals of at least 30 minutes. A week must be provided, depending on the length of the working week, 1 or 2 days of rest.

Each employee must be granted annual leave with pay of 28 days.

Section 6 of the Labor Code is devoted to rationing and remuneration. The concept of wages has been introduced, which is a remuneration for labor depending on the complexity of the work, the qualifications of the employee. In addition, compensation and salaries may be included.

In the same part, various systems of remuneration and rationing are described.

Fourth part

It examines the labor relations of some categories of workers, such as adolescents, managers, part-time workers, seasonal workers, shift workers. The categories of the type of homeworkers, teleworkers, persons working in the Far North and other categories of workers are also considered.

Fifth part

Dedicated to the protection of labor rights and freedoms, the consideration of labor disputes, including with the participation of trade unions.

Sixth part

The final part of the Labor Code contains the procedure and terms for the entry into force of this code.

The Labor Code of the Russian Federation regulates dismissal in 2019 by Chapter 13 of the code. We present the current version of the Labor Code of the Russian Federation at the beginning of 2019. Keep in mind that there have been no dismissals under the Labor Code for many years. You can select the article you are interested in and click on the link that will open in the same window as a drop-down text. For all questions, you can seek legal advice from a labor dispute lawyer.

The term “dismissal” is usually used to refer to the termination of an employment relationship initiated by an employer. The Code uses the general term “termination of an employment contract”. Termination of labor relations can occur: at the initiative of one of the parties (at the employee's own request or at the initiative of the employer), both parties jointly (by agreement of the parties), at the will of other (third) parties not directly involved in labor relations.

Articles 77 - 84.1 of the Labor Code of the Russian Federation "Termination of an employment contract"

Article 77. General grounds for termination of an employment contract

The grounds for terminating an employment contract are:
1) agreement of the parties (Article 78 of this Code);
2) the expiration of the term of the employment contract (Article 79 of this Code), except for cases when the employment relationship actually continues and none of the parties demanded their termination;
3) termination of the employment contract on the initiative of the employee (Article 80 of this Code);
4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code);
5) transfer of an employee at his request or with his consent to work for another employer or transfer to an elective job (position);
6) the employee's refusal to continue work in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution(Article 75 of this Code);
(as amended on 02.04.2014 N 55-FZ)
7) the employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);
8) the employee's refusal to transfer to another job that is necessary for him in accordance with the medical certificate issued in the manner prescribed federal laws and other regulatory legal acts The Russian Federation, or the employer does not have an appropriate job (parts three and four of Article 73 of this Code);
9) the employee's refusal to transfer to work in another locality together with the employer (part one of Article 72.1 of this Code);
10) circumstances beyond the control of the parties (Article 83 of this Code);
11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.
Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 78. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon the expiration of its validity period. The employee must be warned about the termination of the employment contract due to the expiration of its validity period. writing not less than three calendar days before dismissal, except for cases when the term of the fixed-term employment contract concluded at the time of the performance of the duties of the absent employee expires.
(part one edition of 30.06.2006 N 90-FZ)
An employment contract concluded for the duration of a certain job terminates upon completion of that job.
(as amended on 30.06.2006 N 90-FZ)
An employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee leaves for work.
(as amended on 30.06.2006 N 90-FZ)
An employment contract entered into for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

Article 80. Termination of an employment contract on the initiative of an employee (at his own request)

The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's application for dismissal.
(as amended on 30.06.2006 N 90-FZ)
By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal.
In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, collective bargaining agreements, agreements or labor contracts, the employer is obliged to terminate the employment contract within the period specified in the employee's statement.
(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 02.07.2013 N 185-FZ)
Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not made, unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied to conclude an employment contract.
Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee with a work book, other documents related to the work, upon a written application from the employee, and make the final settlement with him.
If, after the expiry of the term for the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Article 81. Termination of an employment contract on the initiative of the employer

An employment contract may be terminated by the employer in the following cases:
1) liquidation of an organization or termination of activities by an individual entrepreneur;
(as amended on 30.06.2006 N 90-FZ)
2) reduction of the number or staff of employees of the organization, individual entrepreneur;
(as amended on 30.06.2006 N 90-FZ)
3) inconsistency of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification;
(Clause 3 as amended on 30.06.2006 N 90-FZ)
4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated non-performance by the employee without good reason labor duties, if he has a disciplinary sanction;
6) single gross violation an employee of labor duties:
( shifts);
(as amended on 30.06.2006 N 90-FZ)
b) the appearance of an employee at work (at his workplace or on the territory of an organization - an employer or an object where, on behalf of the employer, an employee must perform a labor function) in a state of alcoholic, drug or other toxic intoxication;
(subparagraph "b" as amended on June 30, 2006 N 90-FZ)
c) disclosure of secrets protected by law (state, commercial, official and other) that have become known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;
(as amended on 30.06.2006 N 90-FZ)
d) theft (including small-scale) of someone else's property, embezzlement, deliberate destruction or damage at the place of work, established by a court verdict that has entered into legal force or by a decision of a judge, body, official authorized to hear cases about administrative offenses;
(as amended on 30.06.2006 N 90-FZ)
e) violation of labor protection requirements established by the labor protection commission or the labor protection authorized by the employee, if this violation entailed grave consequences (industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences;
(as amended on 30.06.2006 N 90-FZ)
7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to the loss of confidence in him on the part of the employer;
7.1) the employee's failure to take measures to prevent or resolve a conflict of interest to which he is a party, failure to submit or provide incomplete or false information about their income, expenses, property and property obligations, or failure to submit or submit deliberately incomplete or inaccurate information about income, expenses, property and property obligations of their spouse and minor children, opening (availability) of accounts (deposits), storage of cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments by an employee, his spouse and minor children in cases provided for by this Code, other federal laws, regulatory legal acts The President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to the loss of confidence in the employee on the part of the employer. The concept of "foreign financial instruments" is used in this Code in the meaning determined by the Federal Law of May 7, 2013 N 79-FZ "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments ”;
(Clause 7.1 was introduced by Federal Law of 03.12.2012 N 231-FZ, as revised by Federal Laws of 29.12.2012 N 280-FZ, of 07.05.2013 N 102-FZ, of 28.12.2016 N 505-FZ)
8) an employee performing educational functions has committed an immoral offense incompatible with the continuation of this work;
9) adoption of an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) submission by the employee to the employer of false documents when concluding an employment contract;
(as amended on 30.06.2006 N 90-FZ)
12) is no longer valid. - Federal Law of 30.06.2006 N 90-FZ;
13) provided for by an employment contract with the head of the organization, members of the collegial executive body of the organization;
14) in other cases established by this Code and other federal laws.
The procedure for attestation (paragraph 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job) , which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.

In the event of the termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.
(part four edition of 30.06.2006 N 90-FZ)
Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the culpable acts giving grounds for loss of confidence, or, accordingly, an immoral misconduct were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of labor duties, not allowed later than one year from the date of discovery of the misconduct by the employer.
(part five was introduced by the Federal Law of 30.06.2006 N 90-FZ)
The dismissal of an employee at the initiative of the employer (except for the case of liquidation of the organization or the termination of activities by an individual entrepreneur) during the period of his temporary disability and during the period of his vacation is not allowed.
(part six was introduced by the Federal Law of 30.06.2006 N 90-FZ)
Information on the application of a disciplinary sanction to an employee in the form of dismissal due to loss of confidence on the basis of clause 7.1 of part one of this article is included by the employer in the register of persons dismissed due to loss of confidence, provided for in Article 15 of Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption".
(part seven was introduced by the Federal Law of 01.07.2017 N 132-FZ)

Article 82. Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract on the initiative of the employer
(as amended on 30.06.2006 N 90-FZ)

When making a decision to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer must inform the elected body of the primary trade union about this in writing no later than two months in advance. before the start of the relevant measures, and in the event that the decision to reduce the number or staff of employees may lead to mass layoffs of workers - no later than three months before the start of the relevant measures. The criteria for mass layoffs are defined in sectoral and / or territorial agreements.
(as amended on 30.06.2006 N 90-FZ)
Dismissal of workers who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of the first part of Article 81 of this Code shall be carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.
(as amended on 30.06.2006 N 90-FZ)
When carrying out certification, which may serve as a basis for dismissing employees in accordance with paragraph 3 of part one of Article 81 of this Code, into the composition attestation commission a representative of the elected body of the corresponding primary trade union organization is included in the mandatory procedure.
(as amended on 30.06.2006 N 90-FZ)
The collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract on the initiative of the employer.
(as amended on 30.06.2006 N 90-FZ)

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

An employment contract is subject to termination for the following circumstances beyond the control of the parties:
1) conscription of an employee for military service or sending him to an alternative civilian service replacing it;
2) reinstatement at work of an employee who previously performed this work, by decision state inspection labor or court;
3) non-election to office;
4) conviction of the employee to a punishment precluding the continuation of the previous work, in accordance with a court verdict that has entered into legal force;
5) recognition of an employee as completely incapable of work in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;
(as amended on 30.06.2006 N 90-FZ)
6) death of an employee or employer - natural person, as well as the recognition by the court of an employee or employer - an individual as deceased or missing;
7) the onset of extraordinary circumstances that prevent the continuation of labor relations (military action, catastrophe, natural disaster, major accident, epidemic and other extraordinary circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the corresponding constituent entity of the Russian Federation;
8) disqualification or other administrative punishment excluding the possibility of the employee fulfilling his obligations under the employment contract;
(Clause 8 was introduced by the Federal Law of 30.06.2006 N 90-FZ)
9) expiration of the validity period, suspension of validity for a period of more than two months or deprivation of the employee of a special right (license, right to drive vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of fulfilling the employee's obligations under the employment contract;
(Clause 9 was introduced by the Federal Law of 30.06.2006 N 90-FZ)
10) termination of admission to state secrets, if the work performed requires such admission;
(Clause 10 was introduced by the Federal Law of 30.06.2006 N 90-FZ)
11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work;
(Clause 11 introduced by Federal Law of 30.06.2006 N 90-FZ)
12) is no longer valid. - Federal Law dated 01.12.2014 N 409-FZ;
13) the emergence of restrictions on employment established by this Code, other federal law and excluding the possibility of the employee fulfilling his obligations under an employment contract certain types labor activity.
(Clause 13 introduced by the Federal Law of 23.12.2010 N 387-FZ)
Termination of an employment contract on the grounds provided for in clauses 2, 8, 9, 10 or 13 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as a vacant position or job corresponding to the qualifications of the employee, so and a vacant lower position or lower-paid job) that the employee can perform based on his health condition. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.
(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 23.12.2010 N 387-FZ)
Part three is no longer valid. - Federal Law dated 01.12.2014 N 409-FZ.

Article 84. Termination of an employment contract due to violation of the rules for concluding an employment contract established by this Code or other federal law
(as amended on 30.06.2006 N 90-FZ)

An employment contract is terminated due to violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), if violation of these rules excludes the possibility of continuing work, in the following cases:
(as amended on 30.06.2006 N 90-FZ)
conclusion of an employment contract in violation of a court verdict on deprivation of a specific person of the right to hold certain positions or engage in certain activities;
conclusion of an employment contract for the performance of work contraindicated this employee for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;
(as amended on 30.06.2006 N 90-FZ)
the absence of an appropriate document on education and (or) on qualifications, if the performance of work requires special knowledge in accordance with federal law or other regulatory legal act;
(as amended on 02.07.2013 N 185-FZ)
conclusion of an employment contract in violation of a decision of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment, excluding the possibility of the employee fulfilling his obligations under an employment contract, or concluding an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws concerning the employment of citizens dismissed from the state or municipal service;
(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 25.12.2008 N 280-FZ)
conclusion of an employment contract in violation of the restrictions established by this Code and other federal law on engaging in certain types of labor activity;
(the paragraph was introduced by the Federal Law of 23.12.2010 N 387-FZ)
in other cases stipulated by federal laws.
(the paragraph was introduced by the Federal Law of 30.06.2006 N 90-FZ)
In the cases provided for in the first part of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform according to his health condition. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract.
(part two edition of 30.06.2006 N 90-FZ)
If the violation of the rules for concluding an employment contract established by this Code or other federal law was not admitted through the employee's fault, then the employee is paid severance pay in the amount of the average monthly earnings. If the violation of these rules was committed through the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.
(part three edition of 30.06.2006 N 90-FZ)

Article 84.1. General procedure for registration of termination of an employment contract
(introduced by the Federal Law of 30.06.2006 N 90-FZ)

Termination of an employment contract is formalized by an order (decree) of the employer.
The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction). In the event that an order (order) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (order).
The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but, in accordance with this Code or other federal law, the place of work (position) was retained for him.
On the day of termination of the employment contract, the employer is obliged to issue the employee with a work book and make settlements with him in accordance with Article 140 of this Code. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to the work.
An entry in the work book on the basis and reason for the termination of an employment contract must be made in strict accordance with the wording of this Code or another federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.
In the event that, on the day of termination of the employment contract, 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 the employee a notice of the need to appear for the work book or agree to send it by mail. From the day the specified notification is sent, the employer is released from liability for the delay in issuing a work book. The employer is also not responsible for the delay in issuing a work book in cases of non-coincidence of the last day of work with the day of registration of the termination of labor relations upon dismissal of the employee on the grounds provided for by subparagraph "a" of paragraph 6 of the first part of Article 81 or paragraph 4 of the first part of Article 83 of this Code, and upon dismissal of a woman, the term of the employment contract with which was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Article 261 of this Code. At the written request of an employee who did not receive a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.
(as amended on 29.06.2015 N 201-FZ)

It should be borne in mind that the grounds for dismissal may be provided for:

• Labor Code of the Russian Federation (Articles 77 - 84.1 of the Labor Code of the Russian Federation);
• federal laws (for example, upon termination of an employment contract with a rescuer);
• with certain categories of workers - an employment contract (in relation to a director, an employee - “homeworker” and some other categories of persons).

Signing: By the President on December 30 Entry into force: 1st of February First publication: "Rossiyskaya Gazeta" No. 256 of December 31

Labor Code of the Russian Federation- codified legislative act (code) on labor, Federal Law No. 197-FZ of December 30, 2001. Entered into force on February 1, 2002, replacing the previous Code of Labor Laws of the RSFSR (Labor Code of the RSFSR) of 1971. The Code defines labor relations between employees and employers and has a priority over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation, Resolutions of the Government of the Russian Federation, etc.

The Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates issues of labor protection, vocational training, retraining and advanced training, employment, social partnership. The rules of payment and labor rationing, the procedure for resolving labor disputes are fixed. Separate chapters are devoted to the peculiarities of the legal regulation of labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).

Sections of the Labor Code of the Russian Federation

• Section I. General Provisions
• Section II. Social partnership in the world of work
• Section III. Labor contract
• Section IV. Work time
• Section V. Rest time
• Section VI. Remuneration and regulation of labor
• Section VII. Warranties and compensations
• Section VIII. Labor schedule, labor discipline
• Section IX. Professional training, retraining and advanced training of employees
• Section X. Labor protection
• Section XI. Material liability of the parties to an employment contract
• Section XII. Features of labor regulation of certain categories of workers
• Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
• Section XIV. Final provisions

Story

1918 Code

The first Russian labor code was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.

The Code introduced the following concepts:

• workers- persons working for remuneration;
• remuneration for work- provided in the form of money, services (for example, the provision of premises for housing) or products (including food);
• living wage- the minimum remuneration for labor established for a given locality;
• preliminary test- a certain period preceding the final hiring for a long-term job;
• normal working hours- the time set for the production of this work by the tariff regulation;
• shift work - continuous work, which requires several work shifts;
• overtime work- work in excess of normal working hours was allowed in exceptional cases;
• holidays- established days on which work is not performed;
• production rate- the volume of work established by the pricing commission and approved by the labor department, performed under normal conditions during normal working hours;
• labor inspectorate- the body that protects the life, health and labor of persons engaged in economic activities;
• labor distribution department- the body responsible for registering the unemployed and providing them with jobs.

The first code introduced the following obligations of workers:

• labor service- the duty of every citizen of the RSFSR;
• personal employment history- a document with notes on the work performed, remuneration and benefits received;
• the possibility of attracting an adult male able-bodied population to overtime work;
• execution of the number of works not less than the established ones production rates;
• observance house rules;
• a message to the division of power distribution and the trade union about the fact of replacement at the workplace of a worker who voluntarily left his workplace.

The following workers' rights have been declared:

• right to work- the right to use labor in one's specialty and for a specified remuneration;
• remuneration for work not lower than the established subsistence minimum;
• receiving remuneration for work at least once every two weeks;
• the possibility of dismissal of one's own free will (in fact, this right was eliminated by the need to justify the reason for dismissal, which would suit the body of workers' self-government);
• the duration of normal working hours is no more than 8 days or 7 nights per day.
• reduced working hours for persons under 18 years of age;
• reduced working hours for heavy and harmful work;
• lunch break;
• additional break for breastfeeding children;
• weekly uninterrupted rest for at least 42 hours;
• shortened working day before the day of rest;
• annual vacation;
• cash benefits and free medical assistance in case of illness, pregnancy and childbirth;
• unemployment benefit in the amount of remuneration due to the worker in accordance with his rate, group and category;
• allowance for workers who do not work in their specialty.

The code explicitly prohibited workers from working during annual leave and on holidays. When the fact of such work was established, the remuneration received by him was withheld from the worker. It was also prohibited to receive additional remuneration for work other than for normal working hours and for overtime... Advance payment for labor was prohibited.

The following funds were introduced:

• Unemployed Insurance Fund;
• Local health insurance funds.

After 4 years, in 1922, the code was revised.

1922 Code

The second code was adopted by a resolution of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, secretary of the All-Russian Central Executive Committee Yenukidze in November 1922. New Code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to the present day.

Compared to the previous code, new concepts were introduced, such as:

• pay book;
• severance pay;

The code established an 8-hour working day, uninterrupted rest of at least 42 hours, and an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work for a period of time before and after childbirth was envisaged: 6 weeks before and 6 weeks after - for workers mental labor, 8 weeks - for employees manual labor; also introduced additional (except for lunch) breaks for feeding infants.

The code established a list of public holidays, and also introduced the concept of the professions of "office and mental labor." There was no old-age pension, instead there was only "the right to social security for disability."

With some amendments, the code was in effect for almost half a century.

Labor Code 1971 (Labor Code)

In 1971, a new code was passed that established a 41-hour working week, added new holidays and new benefits, including establishing the right to parental leave until they reach 3 years of age, with the retention of a job. The new code was softer than the code