Labor rights

Article 1 of the Labor Code of the Russian Federation establishes that the objectives of the labor legislation of the Russian Federation are to establish state guarantees of labor rights and freedoms of citizens, create favorable working conditions, protect the rights and interests of workers and employers.

The main tasks of the labor legislation are to create the necessary legal conditions for the achievement of optimal coordination of the interests of the parties to labor relations, the interests of the state, as well as the legal regulation of labor relations and other directly related relations on labor organization and labor management; employment with the employer; training and additional professional education of employees directly with the employer; social partnership, collective bargaining, collective bargaining and agreements; the participation of workers and trade unions in the establishment of working conditions and the application of labor legislation in cases provided by law; the liability of employers and workers in the workplace; state control (supervision), trade union control over the observance of labor legislation (including legislation on labor protection) and other normative legal acts containing norms of labor law; labor dispute resolution; compulsory social insurance in cases stipulated by federal laws.

Article 2 of the Labor Code establishes the basic principles of the legal regulation of labor relations and other relations directly related to them.

Based on the generally accepted principles and norms of international law and in accordance with the Constitution of the Russian Federation, the basic principles of the legal regulation of labor relations and other relations directly related to them are recognized:

  • freedom of work, including the right to work, which everyone freely chooses or freely accepts, the right to dispose of their abilities to work, to choose a profession and type of activity;
  • the prohibition of forced labor and discrimination in the field of labor;
  • protection against unemployment and employment assistance;
  • ensuring the right of every employee to fair working conditions, including working conditions that meet safety and hygiene requirements, the right to rest, including limiting working hours, providing daily rest, weekends and non-working holidays, paid annual leave;
  • equality of rights and opportunities for employees;
  • ensuring the right of every employee to timely and full payment of fair wages, ensuring a decent life for himself and his family, and not lower than the minimum wage established by federal law;
  • ensuring equality of opportunities for workers without discrimination in advancement at work, taking into account labor productivity, qualifications and work experience in the specialty, as well as training and further professional education;
  • ensuring the right of workers and employers to unite in order to protect their rights and interests, including the right of workers to form trade unions and join them, the right of employers to form and join employers' associations;
  • ensuring the right of employees to participate in the management of the organization in the forms prescribed by law;
  • a combination of state and contractual regulation of labor relations and other relations directly related to them;
  • social partnership, including the right for participation of workers, employers, their associations in the contractual regulation of labor relations and other directly related relations;
  • the obligation to compensate for the harm caused to the employee in connection with the performance of his job duties;
  • the establishment of state guarantees to ensure the rights of workers and employers, the implementation of state control (supervision) over their observance;
  • ensuring the right of everyone to the state to protect his labor rights and freedoms, including judicial protection;
  • ensuring the right to resolve individual and collective labor disputes, as well as the right to strike in the manner established by this Code and other federal laws;
  • the obligation of the parties to the employment contract to comply with the terms of the contract, including the right of the employer to require workers to fulfill their labor duties and careful attitude to the property of the employer and the right of employees to require the employer to comply with his duties in relation to workers, labor laws and other acts containing labor law;
  • ensuring the right of representatives of trade unions to exercise trade union control over the observance of labor legislation and other acts containing norms of labor law;
  • ensuring the right of employees to protect their dignity during the period of employment;
  • ensuring the right to compulsory social insurance of employees.

Article 3 of the Labor Code of the Russian Federation points to the prohibition of discrimination in the sphere of labor.

So, everyone has equal opportunities to exercise their labor rights. No one can be restricted in labor rights and freedoms or receive any benefits depending on gender, race, color, nationality, language, origin, property, family, social and official status, age, place of residence, attitude to religion, beliefs, affiliation or non-affiliation with public associations or any social groups, as well as from other circumstances not related to the professional qualities of the employee.

Discrimination, the establishment of differences, exceptions, preferences, and the restriction of workers' rights, which are determined by the requirements of this type of labor established by federal law, or are due to the special care of the state for people in need of increased social and legal protection, or are not discriminated. cases and in the manner prescribed for them, in order to ensure national security, maintain an optimal balance of labor resources, assist in priority th order of employment of citizens of the Russian Federation in order to solve other problems of internal and foreign policy.

Persons who consider that they have been subjected to discrimination in the sphere of labor are entitled to apply to the court for the restoration of violated rights, compensation for material damage and compensation for moral damage.

Print version Modified 14.01.2019