Sources of labour law in Russia

1. Sources of labour law in Russia

Author: PhD in law, associate professor
S.A. Sobolev
Izhevsk
2011

2.

• Dissemination of course slides «Labour
law in Russia» is prohibited.
• Opinions, given in present
work, do not reflect common accepted
point of view in law science and
labour law.
• Present publication is developed in
accordance with educational program
course «Labour law in Russia».
• Legislation about law and court
practice is given for
December 20, 2011

3. Issues:

1) Concept, types and peculiarities of sources LL.
LL system and system of labour legislation: history,
contemporary time.
2) Structure, concept and importance of Labour Code
of Russia in regulation of labour and other relations
in labour sphere.
3) Constitution of Russia in source system of LL.
General characteristics of regional legislation about
law in Russia.
4) International acts about law in source system of
LL (acts WTO UN, CIS and others).

4.

5) Unity and differentiation (general and special)
legislation about law in Russia.
6) Agreements, collective agreement, local
normative and its characteristics in norms LL.
7) Labour contract, convention, judiciary law in
source system of LL: problems of understanding and
importance in law-enforcement policy.

5.

LL sources – results (products) lawmaking
activity of competent state authorities in
regulation sphere of labour and other social
relations, which compound this field subject.
(O.V. Smirnov, 2003)
Sources of law regulation in social-labour
relations are every forms of
objective expressions of LL, which are
presented in law texts, which got
legitimization and which became legally
important behaviour rules of general, collective
or individual meaning
(S.P. Mavrin, 2005)

6.

а) law
powers
b) law basic
materials
Law sources – are community rules,
supported by government authority.
Different forms, where law is expressed,
have the name of law
sources.
(G.F. Shershenevich, 1912)
c) historical
law memorials
d) ways of understanding
current law

7.

material meaning
(government authority)
juridical meaning
(laws, NPA and others)
S.Y. Golovina, M.V. Molodcov, 2003
Law sources and LL are revealed
A.M. Lushnikov, M.V. Lushnikova, 2003
positive, objective
interpretation (outgoing or
authorized)
sociological
interpretation (every acts,
determined behavior
– court decision,
contracts, customs)

8.

1) legal force
2) incidence
Types (classification)
labour law sources of Russia:
3) received authorities
4) generalization degree

9. LL sources in Russia

• International-legal
acts
Labour legislation
of Russia
• Convention, recommendation
WLO UN;
• Model law CIS;
• International contracts
(two, three, multilateral);
• Acts of European Court;
• other acts with norms of
labour law.
• Constitution of Russia,
constitutions of Russia,
subjects and others
• Laws of Russia, laws of
Russian subjects;
• other normative legal acts
of Russia, subjects of
Russia and others

10. Structure of Labour Code of Russia includes:

Parts - 6
Sections - 14
Chapters – 62
Articles – 424
(actually more)

11. LL sources (art. 5 Labour Code Russia)

labour
legislation
NLA, with
LL norms

12. Labour legislation (art. 5 Labour Code Russia)

58-60 conventions WLO are ratified in Russia;
Russia entered in European Council in 1996, decisions of
European Court are obligatory for Russia since 1998;
CIS with participation of Russia more than 100 model laws are
accepted.
Federal constitutional laws, federal laws, laws of Russia, in
unconstitutional part, Labour code of Russia – also include
laws of USSR, RSFSR, laws of subjects of Russia.
Labour Code of Russia (below LC RF) was accepted in 2001,
joined into force since February 1 2002, LC RF consists of 6
parts, 14 sections, 424 articles (actually more).

13. NLA, with norms of LL (art. 5 LC RF)

Acts of federal level (Decrees of
Russian President, resolutions of
the Russian Government and
others)
Acts of Russian subjects (Decrees of the President
of Udmurt Republic, resolutions of the
Government of Udmurt Republic and others)
Acts of local authorities
agreements
collective
contracts
local
normative acts
Judiciary law, labour contract, custom

14.

«Differentiation» – division of whole for
independent parts. (Dubrovsky N., 1907)
Unity of LL expresses in norms of general activity
of united general working conditions for all employees,
equal basic employment laws and responsibilities.
Differentiation in LL connected with standard-settings
of special activity, accommodated by
general law establishments to working conditions or
Labour relations subjects (Begichev B.K., 1985)
Adapted to general
norms working conditions
Set increased
responsibility
Provided
caption from general norms
Additional
benefits and garantees

15.

working conditions
(hard, dangerous)
activity category
(teachers, medicine)
territory
(Far North)
Criteria of differentiation of labour law sources
In Russia:
legislative
judiciary bases
(facts) (election,
imposition, competition)
subject of labour
relations
(woman, foreigner,
outworker)

16.

Differentiation in LL – differentiation of legal
norms at the base of juridically important factors in purpose
of concretization of general cases of labour legislation
to separate categories of employees.
( Skachkova G.S., 2003)
Objective factors of differentiation: federative system;
natural-climatic, geographical working conditions;
location, ownership patterns of employer’s property;
severity and hazard of working conditions; qualification,
citizenship of employee and others.
Subject differentiation: physiological peculiarities of
women organism; age, health condition,
marital status of employee; apprenticeship and others

17.

Local normative acts - are acts, which contains
norms of LL, accepted by employer
(excluding employers – individual persons,
who are not individual entrepreneur)
Within the limits of its competence according to
labour legislation and other NLA,
consisting norms of LL, collective contracts,
agreement (art. 8 LC RF)
Local normative acts:
Elaborate
general norms LL
Meet lacks of
norms LL
Participate in relation to
employees of present employer
Should not contradict to
norms LL

18.

About labour remuneration,
system of awards
(articles 135, 143, 144 LC RF)
Interchangeability
diagram (art. 103 LC RF)
Holiday diagrams
(art. 123 LC RF)
Types of local normative acts:
Rules of working routine
(articles 189-190 LC RF)
Labour protection order
(art. 212 LC RF)

19.

In creation way local normative acts are
devided (Khnykin G.V., 2004):
Initial
Mutual
Taking into account
representative
authorities of employee
Conciliatory-contractual
Predicated by
group
authorities juridical
person
Since 2006 – taking into account opinion of elected body
primary trade union organization (art. 372 LC RF)

20.

Judicial practice in Russia
LL source:
Judicial practice – is based, united opinion
of courts about applicable law norms, showed up
in united business dispatch of definite
categorie (Bezina A.K., 1989)
Wide meaning
Narrow meaning

21. Judiciary law in source system of labour law : FOR and AGAINST

It is considered, that
activity is:
• of all courts, produced
«law cases»,
• Constitutional Court of
Russia and Supreme Court of
Russia;
• Acts of higher jurisdiction
authorities of Federation and
subjects made «behaviour
model».
Attention is paid for:
• courts are appealed to
apply, but not to
administer law;
• Court decision in
concrete labour dispute
– is an act of conciliation,
but not a law source.

22.

Mavrin S.P., Grebenshchikov A.V. (2007):
1) Cases of resolutions of Plenary Session Supreme Soviet
Russia consist original and not dubbed statements in law.
Courts have the right:
2) check normative acts and declare them invalid
(art. 46 Constitution of Russia);
3) direct application of Constitution of Russia.
Functions of LL sources practically execute:
generalization of judiciary law
Decision of Supreme Court
in concrete cases
Decisions of court inferiors,
which are published in «Bulletin of Supreme
Court of Russia»

23. Literature:

1. Bezina A.K. Judiciary law in mechanism of law regulation in
labour relations. Kazan, 1989.
2. Labour law in Russia: tutorial /In edition S.P. Mavrin,
E.B. Khohlov. М., 2007.
3. Kuzmenko A.V. Subject of labour law in Russia: experience of
system-juridical research. Saint-Petersburg, 2005.
4. Soviet labour law: tutorial /In edition B.K. Begichev, A.D.
Zaikin, М., 1985.
5. Course of Russian labour law. In 3 v. V. 1: General part /
In edition E.B. Khohlov. Saint-Petersburg, 1996.
6. Molodcov M.V., Golovina S.Y. Labour law of Russia: Tutorial
for higher institutions. М., 2003.

24. Literature:

7. Skachkova G.S. Extension of activity sphere in labour
law and differentiation of its norms. М., 2003.
8. Dubrovsky N. Full explanatory dictionary of all widespread
foreign words, entered into Russian. М., 1907.
9. Khnykin G.V. Local normative acts of labour
law. Ivanovo, 2004.
10. Shershenevich G. F. Philosophy of law. Part theoretical. Vol.
General theory of law. Vol. 1-4 (in one volume.) Riga: David
Gliksman, 1924.