Actual problems of application of labor protection rules of the Labor Code of the Russian Federation and the ways of solutions
https://doi.org/10.24147/2542-1514.2018.2(1).63-68
Abstract
The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.
The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.
The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.
The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.
Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.
Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.
About the Author
R. V. Kirsanov
Dostoevsky Omsk State University, Omsk, Russia
Russian Federation
PhD in Law, Associate Professor, Head, Chair of Labour Law, Dean, Law Faculty
Russian Federation
PhD in Law, Associate Professor, Head, Chair of Labour Law, Dean, Law Faculty
References
1. Ershov V.A. Legal regulation of labor protection. Moscow, GrossMedia Publ., ROSBUKh Publ., 2008. 184 p. (In Russ.).
2. Sheptulina N.N. New legislation on labor protection. Moscow, Yustitsinform Publ., 2007. 272 p. (In Russ.).
3. Chebotnyagin I.V. The effectiveness of the legal reform of labor: theoretical-legal and industrial aspects. Zakon, 2013, no. 1, pp. 141–145. (In Russ.).
4. Sapfirova A.A. Protection of labor rights of employees of Federal labor inspection, Monograph. Moscow, Prospekt Publ., 2017. 143 p. (In Russ.).
5. Gudov А.B. Legal fundamentals of state administration of occupational safety. Yuridicheskoe obrazovanie i nauka = Juridical Education and Science, 2011, no. 3, pp. 28–32. (In Russ.).
6. Khnykin G.V. Legal problems of organization of labor protection, in: Skachkova G.S. (ed.). Okhrana truda: Problemy pravovogo regulirovaniya, Materials of scientific and practical conference on April 25, 2014. Moscow, IGP RAS Publ., 2015, pp. 56–64. (In Russ.).
7. Petrov A.Ya. Rights and obligations of the employer in the sphere of protection (safety and health) of labor. Advokat, 2017, no. 2, pp. 28–36. (In Russ.).
8. Petrov A.Ya. Guarantee of the worker’s right on labor protection. Zakonodatel'stvo i ekonomika, 2014, no. 3, pp. 13–19. (In Russ.).
9. Targets for improvement of cooperation between authorities, associations of employers and trade unions in the sphere of labour protection, in: Okhrana truda, Information book for managers and specialists. Omsk, 2012, no. 2 (15), pp. 10–12. (In Russ.).
10. Goloshchapov S.A. Legal issues of labor protection in the Soviet Union. Moscow, Yuridicheskaya literatura Publ., 1982. 199 p. (In Russ.).
11. Mavrin S.P., Khokhlov E.B. (eds.). Labor law of Russia. Moscow, Yurist Publ., 2002. 560 p. (In Russ.).
12. Izmerov N.F., Bukhtiyarov I.V., Prokopenko L.V., Izmerova N.I., Kuz'mina L.P. Labor and health. Moscow, Litterra, 2014. 416 p. (In Russ.).
13. Butaeva E. State regulation of labor protection: a risk-based approach. Trudovoe pravo, 2017, no. 1, pp. 95–112. (In Russ.).
14. Seregina L.V. Conceptual Approaches to Occupational Safety and Health in the Russian Federation. Zhurnal rossiiskogo prava = Journal of Russian Law, 2015, no. 11, pp. 95–106. (In Russ.).
15. Kaurov V.G. Problems of protection of workers and Labour code of the Russian Federation, in: Skobelkin V.N. (ed.). Chetvyortyi Trudovoi kodeks Rossii, collection of scientific articles. Omsk, Omsk State University Publ., 2002, pp. 42–61. (In Russ.).
Review
For citations:
Kirsanov R.V. Actual problems of application of labor protection rules of the Labor Code of the Russian Federation and the ways of solutions. Law Enforcement Review. 2018;2(1):63-68. https://doi.org/10.24147/2542-1514.2018.2(1).63-68
Views:
1222
Email this article 