home » Types of business » The principle of differentiation of legal regulation of working conditions. The principle of recognizing illegal the terms of labor contracts that worsen the legal status of employees

The principle of differentiation of legal regulation of working conditions. The principle of recognizing illegal the terms of labor contracts that worsen the legal status of employees

The unity of labor law is reflected in its general constitutional principles, in common basic labor rights and obligations of employees and employers, in general provisions ch. 1 of the Labor Code, in the general normative acts of labor legislation that apply to the entire territory of Russia (Labor Code, etc.) and to all employees, wherever and whoever they work.

Differentiation in the legal regulation of labor (differentiation of labor law) is carried out according to the following six stable factors (grounds) taken into account by the legislator during rule-making:

· Harmfulness and severity of working conditions. At the same time, the abbreviated work time, additional vacations, increased wages;

· Climatic conditions of the Far North and equivalent areas;

· physiological features the female body, its maternal function. The increasing social role mothers in raising young children. Workers' family responsibilities were also taken into account in accordance with
ILO Convention No. 156 (1981) “On Equal Treatment and Equal Opportunities for Men and Women Workers with Family Responsibilities”;

· Psychophysiological characteristics of an immature organism and the nature of adolescents, the need for them to continue their education without interrupting work. Disability and retirement age of the employee are also taken into account. The grounds stated in paragraphs "c" and "d" are subject differentiation;

Specificity labor relations and the nature of work;

· Features of labor in a given sector, the importance of the sector of the national economy (sectoral differentiation of norms).

All norms of differentiation are special (as opposed to general) norms that allow different categories workers equally with others to carry out basic labor rights and responsibilities.

All special norms of differentiation can be contained in general acts.

Special rules may constitute a separate special act.

Special rules can be of sorts: norms-benefits, norms-exemptions (restricting rights against general ones) and norms-adaptation (for example, in sectoral differentiation, taking into account working conditions in the new branch of the national economy).

Unity and differentiation legal regulation labor are reflected in all institutions of labor law,

Question 8. Labor relationship: concept, subjects and labor legal capacity

Labor Relations- relations based on an agreement between the employee and the employer on the employee's personal performance for a fee of the labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee), the employee's submission to the internal labor regulations when ensuring the employer of the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations, employment contract.

Subjects: employee and employer.

Labor personality of a citizen- general, arising from the age of 16, when he can independently get a job. Admission to some types of work is envisaged from a later age (for example, for hazardous blasting work - from 21 years old, for harmful and heavy - from 18 years old). An employment contract can also be concluded by 15-year-olds if they have received basic general education or left a general education institution in accordance with federal law. To prepare youth for industrial labor it is allowed to hire, with the consent of one of the parents (guardian, curator), students from the age of 14 for light work that does not harm health and does not interfere with studies, in their free time from school (Article 63 of the Code). In such cases, labor personality arises from the age of 14.

An employer (individual) has the right to conclude employment contracts from the age of 18.

Question 9. Principles of social partnership

The unity and differentiation of labor legislation are reflected.

Unity of labor legislation reflected in the general norms of labor legislation and expressed:

1. in the principles of legal regulation of labor, common to all industries throughout the country;
2. in the same basic labor rights for all employees.

Differentiation of legal regulation of labor(i.e. the difference) is expressed in special rules applicable only to certain workers, and is carried out by the legislator, taking into account its foundations. The grounds for differentiation that create special norms (benefits, restrictions) are:

- harmfulness and severity of working conditions;
- climatic conditions of the Far North and places equated to it;
- subjective grounds: physiological characteristics of the female body (its reproductive and maternal role), as well as the social role of a lonely mother (lonely father), persons with family responsibilities, psychophysiological characteristics of an immature organism and the nature of a teenager, limited working capacity of disabled people;
- the specifics of the short-term employment relationship of temporary and seasonal workers;
- peculiarity of labor relations of members production cooperatives, members of the collegial executive body legal entity;
- peculiarities of labor in a given industry (sectoral differentiation), a combination of labor with training;
- the specifics of the content of labor and the responsible nature of the work of civil servants, judges, prosecutors, the specifics and responsibility of the labor of workers in the transport industries, the importance and role of labor in the management of production by heads of organizations.

Differentiation (difference) of labor law norms is expressed in special legislation for certain categories of workers, that is, in special normative acts of labor law and special norms in general acts. For example, a special act is the Law of the Russian Federation "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equated Localities" dated February 19, 1993, and special norms in general acts are the norms of Sec. XII of the Labor Code on the peculiarities of legal regulation of labor of categories of workers (women, persons under the age of 18, seasonal workers, transport workers, etc.).

Differentiation of labor law and its result - special legislation gives all employees an equal opportunity to exercise their constitutional labor rights, ensuring their implementation by the peculiarities of legal regulation of labor (differentiation) of certain categories of workers who need additional protection from industrial hazards or taking into account the nature of their work, labor relations ...

Types of special labor law:

1. norms-benefits providing additional labor rights (the majority among special norms);
2. norms-adaptations adjusting general norms to given working conditions (for example, sectoral differentiation, that is, according to the branches of the national economy, contains mainly adaptation norms);
3. exemption norms (a small number, restrict the rights in comparison with the general norms for some workers - temporary, seasonal, civil servants, etc.).

Salary is not only a reward for the results of work achieved. Its functions include a motivational, stimulating component. Pay for similar work can vary significantly, depending on various factors. Why are there differences in payment? How can they be classified? What are the consequences of differentiation wages(hereinafter - RZR)? Let's analyze it in the article.

What is wage differentiation

Differentiation of wages- This is the conscious establishment of remuneration for work at different levels, depending on specific factors. It is typical for the markets of all countries and all industries.

The Labor Code of the Russian Federation in 1 paragraph of Art. 129 states that the amount of remuneration directly depends on the qualities of the employee himself (qualifications) and the properties of the work performed (complexity, volume, working conditions, etc.). It is unrealistic to find absolutely identical employees, the same employers. Therefore, the differentiation of payments is also quite conditioned:

state strives to increase the well-being of its population;
employer it is important to increase the profit of the enterprise, increasing labor productivity, stimulating employees;
workers they meet their own and family needs at the expense of their wages, that is, they provide for their own lives.

NOTE! Pay for labor can differ between employees of the same enterprise (internal differentiation), as well as between employees of different organizations.

Differentiation of wages is an integral part of any developed society.

Differentiation factors

The establishment of one or another wage level is based on a number of factors that can be divided by value into several groups.

Market factors

Supply / demand ratio one or another labor market reveals the most obvious and basic dependence of different wage rates. The market oversaturated with certain specialists will force them to make their salaries lower, and rare professions that are in demand are traditionally highly paid.
Investments in "human capital" show different quality work force, and, consequently, wages.
The size– minimum wage labor is established by the state, it is she who is the basis of many calculations concerning wages, that is, determines its size.

Personality factors

Demographic differences- different level of payment depending on gender, age, race, nationality, appearance and other similar qualities. This does not mean different rates for people, for example, of different ages, but the fact that these properties endow people with different abilities for work. For example, hard physical work is not available to women, young people are able to work longer than the elderly, but they do not have such experience, etc. As a result, people with different characteristics can count on different level payment of their labor.
Professional moments- directly related to paid activities, for example:
- education;
- experience;
- qualification;
- category;
- experience;
- specialization, etc.
Social- associated with the status of the individual in society. A person chooses a way to earn money based on the first two groups of factors - personal and professional characteristics. Employees of one or another professional status will have different levels of remuneration:
- entrepreneur;
- an employee;
- performing the work contract;
- freelancer;
- and etc.
Economic features- affect the level of wages more significantly than others, since they are directly related to market factors:
- branch of work;
- occupation;
- employment options - full time, hourly, part-time jobs, etc .;
- working conditions (normal or difficult).

Territorial factors

Geographic - climatic conditions and natural features in which you have to work. The territory of the Russian Federation is vast and diverse, which leads to a heterogeneous level of salaries in different regions.
Industry - depending on which industry is leading in a particular region, the salaries of its residents will differ. For example, agricultural regions generate less profit than extractive regions, therefore, workers are paid unequally.
Socio-political- factors demonstrating the general standard of living in the country and separately in the regions. For example, political stability in different parts of the Russian Federation differs for a number of reasons, which also affects the employment of the population and wages. The cost of living in certain parts of the country is also different.
Institutional- related to the restrictions imposed public institutions: trade unions and other organizations. For example, trade unions in individual workshops set a membership limit in order to reduce the movement of workers to other regions where wages are higher because they will not be admitted there.
Internal - related to the organization of work at the enterprise itself:
- salary policy;
- availability and features of financial incentives;
- working conditions and care for their improvement;
- social guarantees, etc.

Types of wage differentiation

The differentiation of wages created by the above factors can be considered from different points of view, which determines it. kinds.

WRC by personnel category

Employees are divided into certain categories, which take into account the level of their responsibility for the work and, of course, are reflected in the pay.

Leaders- the most highly paid employees running the organization, its structural divisions, as well as their deputies. The leadership includes:
- managers;
- managers;
- chiefs;
- chairpersons;
- chief accountants;
- captains;
- and etc.
Specialists- employees performing work requiring special education, higher or secondary, that is, who graduated from a specialized educational institution in a certain specialty. Each profession has its own specialists: doctors, teachers, mechanics, managers, economists, etc. Assistants and assistants of persons of these specialties belong to the same category.
Workers- employees directly involved in the production of products and the provision of services (transportation, transportation, repairs, etc.).
Other employees- personnel engaged in the preparation and maintenance of activities, work with documentation, accounting, control, etc.

Sectoral and territorial differentiation

The structure of the country's economy determines different wages depending on these factors, analyzed in detail above.

WRC according to the criteria of labor productivity and efficiency

This is the most common and "visible" type of wage differentiation, when its size is determined by quantifiable results. labor activity... This method of WRC has a stimulating function for employees of the organization, motivating them to more successful, high-quality and efficient performance of labor activities.

Requirements for incentive wage differentiation:

personification;
objective criteria;
controllability;
transparent and easy reflection in the workflow;
clarity for workers of all categories;
positive impact on social protection.

Wage differentiation tools

How is wage differentiation carried out in practice? This purpose is served primarily by tariff system- a set of norms that determine a specific level of remuneration:

rates;
mesh;
qualification reference books;
coefficients;
allowances;
surcharges, etc. tariff points.

Based on these standards, the employee's rate or salary is calculated. An example of the functioning of the tariff system - ETS, United tariff scale for budget employees of the Russian Federation.

Another way to form a salary is salary system, which regulates payment depending on certain indicators of the organization's activities. It is more often used in government agencies or in administrative enterprises, since it allows you to manage wages centrally.

Staffing table- the norms developed by specific enterprises regarding the positions necessary for their functioning and the corresponding salaries. The staffing table may indicate fixed salary figures or a "fork" - the maximum and minimum dimensions remuneration for each given position.

Odds- indicators affecting the size of wages depending on working conditions:

climatic -;
internal - a system of categories, that is, levels of remuneration.

Other WRC tools:

floating salaries;
bonus;
piece-rate payment, etc.

IMPORTANT! Any principle of dividing wages into levels should depend, firstly, on some initial value (minimum wage, rate, minimum wage, etc.), and secondly, the justification for the difference in levels based on social justice.

Pros and cons of wage differentiation

Differentiation of wages is typical for any society, it has both positive and negative qualities.

home positive function WRC is what it motivates to develop and improve the quality and efficiency of labor, and hence the general welfare.

Negative property of ERS- the generation of inequality in society. Too sharp a gap between levels of well-being, especially in an unstable economic situation, gives rise to the concept of a “poverty line”.

It is important to manage wage differentiation processes. If the RDA is too low in a society, this reduces the potential for development, and too high causes acute social discontent. Methods by which one can try to mitigate the consequences of the REM:

progressive and differentiated taxation;
increase in the minimum wage;
revision of the consumer basket;
social payments;
subsidies;
tendencies towards the replacement of monopoly capital by share capital.

It is important that the differentiation of wages is consistent with the principle of social justice.

Copy url

"Personnel officer. Labor law for a personnel officer", 2011, N 2

How much underage workers need social protection? How can special benefits and quotas be applied to them? The author answers these questions, and also believes that the regulation of minors' labor requires the adoption of a separate federal law.

Labor differentiation concept

In the science of labor law, it is generally recognized that, in contrast to other public relations an employment relationship is a legal relationship for the use of labor natural person as an employee opposed by another entity - the employer. The labor relationship, characterized by a complex composition of the rights and obligations of its subjects, is at the same time a single legal relationship that has a lasting character.

In labor law, unity in the establishment of working conditions does not exclude, but, on the contrary, presupposes taking into account the specifics, i.e. differentiation of legal regulation. It is impossible to apply uniform norms regardless of the physiological characteristics of the human body (minors, women), the nature of work, its various conditions (harmful, dangerous conditions) and other specifics of work.

In accordance with Part 1 of Art. 3 of the Labor Code of the Russian Federation, all persons, regardless of gender, race, nationality, language, property and official position etc. (provided by the general grounds for the emergence, change and termination of labor relations). The purpose of the norms establishing the differentiation of legal regulation is to ensure, in accordance with generally recognized international legal norms, health and labor protection to persons in need of increased social and legal protection.

Consequently, the features of labor regulation are norms that partially restrict the use of general rules on the same issues or providing additional rules for certain categories of workers.

Article 251 of the Labor Code of the Russian Federation opens a section devoted to the so-called differentiation of labor law, which represents certain differences in the legal regulation of labor and relations directly related to it. These differences are due to a number of circumstances (for example, the specifics of a particular labor, the subjective characteristics of any category of workers, the locality or branch of the economy in which the labor is carried out, etc.).

Benefits for minors

Differentiation of labor law norms in relation to minors includes the fact that workers under the age of 18 in labor relations are equal in rights to adults, and in the field of labor protection, working hours, vacations and some other working conditions they enjoy the benefits established by the Labor Code of the Russian Federation and other acts of labor legislation. Thus, the scope of the labor rights of adolescents is significantly greater than that of adult workers. This is achieved thanks to a number of benefits and guarantees provided to minors in labor legislation. In particular, labor legislation provides for:

half-holiday;
annual paid leave of 31 calendar days;
the right to use annual vacation at any time convenient for a teenager;
annual medical checkup at the expense of the employer;
the establishment of lowered production rates;
employer's right at the expense own funds make additional payments to the wages of minors admitted to piecework, up to the size tariff rate for the time by which the duration of their daily work is reduced;
the prohibition to use the labor of persons under 18 years of age in hard work, in work with harmful or dangerous conditions labor, some other jobs;
prohibition to send to business trips, engage in work at night and overtime work, on weekends and non-working holidays workers under the age of 18 (with the exception of creative workers of the media, cinematographic organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional athletes in accordance with the lists of professions established by the Government of the Russian Federation, taking into account the opinion tripartite commission for the regulation of social labor relations);
limitation of the maximum norms of carrying and moving heavy objects;
ban on termination employment contract without agreement state inspection labor protection of the constituent entity of the Russian Federation and the regional (city) commission for minors and the protection of their rights.

Thus, through a differentiated (unequal) approach to various subjects of labor, depending on established by law socially significant circumstances create favorable, fair working conditions for all categories of workers. This ensures the implementation of one of essential principles legal regulation of labor relations and other relations directly related to it - the principle of equality of rights and opportunities for all employees.

Category of citizens in special need of social protection

Article 5 of the Law Russian Federation of 19.04.1991 N 1032-1 "On employment of the population in the Russian Federation" (as amended on 22.07.2010, hereinafter referred to as the Employment Law) establishes that minors between the ages of 14 and 18 belong to the category of citizens in particular need of social protection and experiencing difficulties in finding a job.

The executive authorities of the constituent entities of the Russian Federation, in accordance with the legislation on employment of the population, provide government services on the organization of temporary employment of minors aged 14 to 18 years in their free time, implement regional programs that provide measures to promote employment of the population, including programs to promote the employment of citizens in particular need of social protection and experiencing difficulties in finding a job, organize and carry out special measures for profiling (distribution of unemployed citizens into groups depending on the profile of their previous professional activity, education level, gender, age and other socio-demographic characteristics in order to provide them with the most effective assistance in assisting in employment, taking into account the current situation on the labor market) of unemployed citizens (Article 7.1 of the Employment Law).

Local governments are empowered to participate in organizing and financing public works for citizens experiencing difficulties in finding work, as well as temporary employment of minors aged 14 to 18 years (Article 7.2 of the Employment Law).

Organs state power constituent entities of the Russian Federation establish a quota for hiring minors. Job quotas for minors is one of the means of ensuring their employment.

Labor Law Dictionary. Quota- the minimum number of jobs for citizens in particular need of social protection and experiencing difficulties in finding work, which the employer is obliged to employ in this organization, including the number of jobs in which citizens of this category already work.

The size of the quota in the constituent entities depends on the number of employees in the organization. for instance, Law of the city of Moscow of 22.12.2004 N 90 "On job quotas" (as amended on 08/04/2009) establishes for employers whose average number of employees is more than 100 people, a quota of 4% of average headcount workers. The Moscow law provides employers with an alternative opportunity to employ minors between the ages of 14 and 18, persons from among orphans and children left without parental care, under the age of 23, citizens aged 18 to 20 from among graduates of institutions primary and secondary vocational education, job seekers for the first time.

The Law of the Kabardino-Balkarian Republic of April 10, 2008 N 19-RZ "On job quotas for the employment of certain categories of citizens who have difficulties in finding a job" establishes the same size of the job quota, defining it specifically for hiring minors aged 14 up to 18 years of age (including orphans, graduates of orphanages, children left without parental care)<1>.

<1>Official Kabardino-Balkaria. 2008. N 16.

Employment of persons under 18 years of age against the quota is carried out by the employer in the direction of the employment service. The employer, in accordance with the established quota, creates or allocates a certain number of jobs, providing, if necessary, special equipment.

The introduction of a quota for minors indicates that the employer is not entitled to accept for this workplace an adult worker.

If the employer is simultaneously approached by a minor with a referral from an employment agency and a minor without such a referral, then the employer has the right to conclude an employment contract with any of them.

In case of refusal to hire a minor, sent by the employment service, the employer makes a note in the direction of the day of attendance and the reason for the refusal and returns the referral. Refusal to hire can be appealed in court (part 6 of article 64, part 3 of article 391 of the Labor Code of the Russian Federation).

In accordance with the prevailing jurisprudence the court, recognizing the refusal to be illegal, makes a decision obliging the employer to conclude an employment contract with the plaintiff. Such an agreement must be concluded from the date of contacting the employer for hiring. If, as a result of the refusal to conclude an employment contract, the employee had forced absenteeism, his payment is made in accordance with the rules established for the payment of the time of the forced absenteeism of an unlawfully dismissed employee.

Ensuring rational employment of minors is facilitated by a guaranteed minimum of free psychological and vocational guidance services, including, in particular, the provision of individual psychological and vocational guidance to working youth in the first 3 years of employment, to citizens who have the status of unemployed (clause 9.1 of the Regulation on vocational guidance and psychological support of the population in the Russian Federation, approved by the Decree of the Ministry of Labor of Russia dated September 27, 1996 N 1).

Citizens who have reached the age of 16, on the basis of Art. 3 of the Employment Law can be recognized as unemployed. In order to ensure the employment of citizens who are looking for work for the first time, who do not have a profession, specialty, the employment service, on an equal basis with a suitable job, has the right to offer vocational training. At the same time, a citizen cannot be offered the same job (professional training in the same profession, specialty) twice.

On a priority basis, to undergo vocational training among unemployed citizens, the right to graduates of general educational institutions, as well as citizens who are looking for work for the first time (who have not previously worked) and at the same time do not have a profession (specialty).

For citizens who are looking for a job for the first time (who have not previously worked), each period of payment of unemployment benefits cannot exceed 6 months in total for 12 calendar months... At the same time, the total period of payment of unemployment benefits for this category of citizens cannot exceed 12 months in aggregate within 18 calendar months. Unemployment benefit in the first and in the second (6-month) payment periods is calculated in the amount of the minimum amount of the unemployment benefit. For those living in the Far North and equated localities, as well as in areas and localities where regional coefficients are applied to wages, the unemployment benefit, established in the amount of the minimum unemployment benefit, is increased by the size of the regional coefficient (Article 30 , 31, 34 of the Employment Law).

Those looking for work for the first time and registered with the authorities public service employment in the status of an unemployed orphans, children left without parental care, persons from among children-orphans and children left without parental care, are paid unemployment benefits for 6 months in the amount of the average wage prevailing in the republic, territory, region, city of Moscow and St. Petersburg, autonomous region, autonomous region. Employment service bodies carry out vocational guidance, vocational training and employment of persons of this category (clause 5 of article 9 of the Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support of orphans and children left without parental care" ( ed. of 12/17/2009), hereinafter - the Law on the support of orphans).

Bodies of the state employment service, when orphans and children left without parental care apply to them, at the age of 14 to 18 years, carry out vocational guidance and provide diagnostics of their professional suitability, taking into account their state of health. Decree of the Ministry of Labor of Russia of 10.02.1998 N 5 (revised on 05.10.2001) approved the Procedure for the work of territorial bodies with orphans, children left without parental care, persons from among orphans and children left without parental care.

Employers (their successors) are obliged to provide employees from among orphans, children left without parental care who are dismissed from organizations in connection with their liquidation, downsizing or staffing professional education with their subsequent employment in this or another organization (clause 6 of article 9 of the Law on the support of orphans).

Provisions on promoting youth employment are contained in some laws on employment of the constituent entities of the Russian Federation. Thus, the Law of the city of Moscow dated 01.10.2008 N 46 "On employment of the population in the city of Moscow" (as amended on 07.04.2010) provides for the promotion of temporary employment:

students and students of educational institutions of primary, secondary and higher vocational education in their free time and during the holidays;
minors between the ages of 14 and 18 who are not students;
students and students of the last courses of educational institutions of primary and secondary vocational education at the age from 17 to 23 years.

Guarantees for the employment of persons under 18 years of age are also enshrined in the industry tariff agreements concluded. Thus, it provides for a quota of jobs for persons who graduated from general education and special educational institutions of primary, secondary and higher vocational education, at least 1% of staffing table organizations. Such agreements were concluded on machine-building complex, on the organization of geodesy and cartography, on the organization of the chemical, petrochemical, biotechnological and chemical-pharmaceutical industries in Russia.

It's time to adopt special rules

We believe it expedient to adopt a special federal law on the specifics of the employment of young people, persons under the age of 18, which would also fix the employment of graduates of universities, secondary specialized educational institutions the contract form of training them at the request of organizations, and quotas of jobs for those who graduated or for some reason did not graduate from secondary schools, etc.

Bibliography

Lushnikov S.V. Differentiation problems in the legal regulation of relations in the labor sphere (report at the Fifth International Scientific and Practical Conference on May 27-30, 2009) // Legal Education and Science. 2009. N 3.
Shesteryakov I.A. Legal policy in the sphere of labor and lawmaking // Social and Pension Law. 2008. N 3.

The unity of labor law is reflected in its general constitutional principles, in the common basic labor rights and obligations of workers (Article 21 of the Labor Code) and employers (Article 22 of the Labor Code), in the general provisions of Ch. I of the Labor Code, in the general normative acts of labor legislation that apply to the entire territory of Russia (Labor Code, etc.) and to all employees, wherever and whoever they work.

The term "general rule" means that it applies to all workers. The term "special norm" reflects the differentiation (ie, the difference) in the legal regulation of the work of certain categories of workers.

a) the harmfulness and severity of working conditions. At the same time, reduced working hours, additional vacations, increased wages were established;

b) climatic conditions of the Far North and equivalent areas;

c) the physiological characteristics of the female body, its maternal function. The increasing social role of the mother in the upbringing of young children is taken into account. Family responsibilities of workers have also been taken into account in accordance with ILO Convention No. 156 (1981) “On Equal Treatment and Equal Opportunities for Men and Women Workers with Family Responsibilities”;

d) psychophysiological characteristics of an immature organism and the nature of adolescents, the need for them to continue their education without interrupting work. Disability and retirement age of the employee are also taken into account. The grounds stated in paragraphs "c" and "d" are subject differentiation;

e) the specifics of labor relations and the nature of work (seasonal, temporary workers, civil servants, managers);

f) the peculiarities of labor in a given sector, the importance of the sector of the national economy (sectoral differentiation of norms).

All differentiation norms are special (as opposed to general) norms that allow different categories of workers to exercise basic labor rights and obligations equally with others.

All special norms of differentiation can also be contained in general acts (for example, section XII "Features of labor regulation of certain categories of workers" of the Labor Code of the Russian Federation - Articles 251-351, that is, one hundred articles or almost a fourth of the entire Code is devoted to them). Special norms may constitute a separate special act (for example, the RF Law "On the Status of Judges in the Russian Federation" dated June 26, 1992 as amended by the Federal Law dated June 21, 1995, the federal law"On the basics of public service in the Russian Federation" dated July 31, 1995).

Special norms can be of three types: norms-benefits, norms-exceptions (restricting rights against general ones) and norms-adaptation (for example, in sectoral differentiation, taking into account working conditions in a given branch of the national economy). The unity and differentiation of legal regulation of labor are reflected in all institutions of labor law.

Differentiation can be made according to the following criteria. Objective and subjective factors of differentiation.

Objective ones include those that are not related to the personality of the employee: the harmfulness and severity of working conditions (reduced duration working week), labor in special climatic conditions, especially labor in certain sectors of the economy.

Subjective factors include those that are directly related to the personality of the employee: characteristics of the female body, psychophysiological characteristics of minors, work of disabled people, pensioners.