Local labor regulation:

1. It is carried out directly in the organization, at the employer;

2. It is aimed at streamlining, standardizing social and labor relations that are developing with a given employer;

3. Is derived from the centralized legal regulation and is carried out by exercising the powers for local regulation established by law;

4. It is characterized by greater dynamism than centralized;

5. Carried out in a regulatory (by adopting local legal acts) and contractual procedure (carried out by concluding, amending and supplementing collective and labor agreements by employees and employers (Article 9 of the Labor Code of the Russian Federation));

Local regulations establish legal norms, rules of conduct that are mandatory for an indefinite circle of employees working in a given organization for a given employer, designed for repeated application, valid regardless of whether the specific legal relationship provided for by the act has arisen or terminated.

When adopting local regulations, the statutory requirements of the procedure for adopting local regulations must be observed.

Local legal acts accept:

1. Employers alone, with the exception of employers individuals who are not individual entrepreneurs within their competence

2. Employers, taking into account the opinion of the representative body of workers - the trade union committee, in cases provided for by the Labor Code of the Russian Federation, other Federal Laws, or other regulatory legal acts of the Russian Federation, a collective agreement, agreements (part 2 of article 8, article 372 of the Labor Code of the Russian Federation). The opinion of the trade union committee is advisory in nature and is not binding on the employer.

3. Employers in agreement with the representative body of employees, if this is provided for by the collective agreement or agreements (part 3 of article 8 of the Labor Code of the Russian Federation).

Mandatory LNA:

· Internal labor regulations (189);

· Shift schedules (103);

· Vacation schedule (123);

· Regulations on the procedure for processing (obtaining, storing, using) the personal data of an employee (86.87);

· Acts providing for the introduction of replacement and revision of labor standards (162);

· Acts defining the shift work schedule (297.301).

The norms of local regulations, the terms of collective and labor agreements that worsen the position of employees, restrict their rights or reduce the level of guarantees compared to those established by labor legislation, other legal acts are invalid and are not subject to application (part 4 of article 8, part 2 of article 9 of the Labor Code of the Russian Federation).

7. Concept, types of subjects labor law and their general characteristics.

Subjects of labor law are individuals and legal entities that, on the basis of labor law norms, are or may be participants in legal relations in the sphere of labor, namely: labor relations and other relations directly related to them, are recognized as holders of subjective labor rights and obligations.

Each subject of labor law has its own legal status. It is determined both by the labor code and other normative legal acts containing labor law norms.

1. Labor legal personality is a special property recognized by labor legislation for subjects of labor law, which means that, under certain conditions, they are able to be subjects of legal relations in the sphere of labor:

· Employment capacity - equal opportunity provided by the state and established by labor legislation to enter into labor relations and directly related relations;

· Labor capacity - the ability and legal possibility established by labor legislation to exercise labor rights and obligations by one's actions;

· Delictual capacity - the ability of the subject of labor law to answer for labor offenses committed by him.

2. Basic statutory labor rights and obligations established by law.

3. Legal guarantees for the implementation of basic labor rights and the fulfillment of basic labor duties.

4. Liability for violation (non-performance or improper execution) job responsibilities.

There are two types of statuses:

1. The general legal status is established for each type of subject of labor law as a whole.

2. Special legal status is a manifestation of the general legal status to the intraspecific features of the subjects of labor law.

Types of subjects of labor law:

· Employers (individuals and legal entities);

· Employees;

· Representatives of employees (trade unions, their associations, other trade union organizations, their bodies, other representatives);

· Representatives of employers (heads of organizations, persons authorized by them, associations of employers);

· Bodies of social partnership;

· Bodies for consideration of individual and collective labor disputes;

· Bodies for the implementation of state control (supervision) and departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms;

· Employment promotion agencies;

Organs state power and local governments;

· Ombudsmen for human rights in the Russian Federation and subjects of the Russian Federation;

Other subjects of legal relations in the sphere of labor.

According to Art. 5 of the Labor Code of the Russian Federation, labor (hereinafter referred to as the Labor Code of the Russian Federation) and other directly related relations are regulated by labor legislation, including labor protection legislation, as well as collective agreements, agreements, legal and local regulations containing labor law norms.

Labor legislation does not contain definitions of local regulations (hereinafter - local acts). However, according to the meaning of Art. Art. 5, 8 of the Labor Code of the Russian Federation, they are understood as the internal regulatory documents of the organization.

The issue of local regulations (their concept, functions, content and significance in the legal regulation of working conditions) today, especially with the adoption of the Labor Code of the Russian Federation, acquires not so much theoretical as practical significance.

It should be noted that the Labor Code of the Russian Federation filled a gap in labor legislation. In particular, it includes Art. 8, specifically dedicated to local regulations containing labor law norms adopted by the employer in the manner prescribed by law.

The term “local regulations” covers a variety of regulations in its content. The common quality that unites all local acts regulating labor relations (including working conditions) is their intra-corporate nature, which endows them with binding features only in relation to members of one production and labor corporation 1 .

Before analyzing the content of local legal regulations governing the working conditions of employees, it is necessary to consider the legal features of local norms, define the concept of local labor law norms, and determine their functions in relation to modern business conditions of organizations.

Local regulations containing labor law norms occupy the lowest level in the hierarchy of labor law sources. 2

In the modern Russian theory of law, local regulations are legal documents containing legal norms adopted by management entities in organizations of various forms of ownership and departmental subordination. Consequently, local regulations are regulations that regulate the internal life of organizations, for example, internal labor regulations, a collective agreement, a regulation on remuneration, a regulation on attestation of employees, etc. 3

Local acts are approved by employers (with the exception of employers - individuals who are not individual entrepreneurs) within their competence in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements (part 1 of article 8 of the Labor Code of the Russian Federation ). 4 Such acts govern certain types of legal relations. In some cases, the need to approve local acts is directly provided for by the Labor Code of the Russian Federation. For example, according to Art. 87 of the Labor Code of the Russian Federation, the procedure for storing and using personal data of employees is established by the employer in compliance with the requirements of the Labor Code of the Russian Federation and other federal laws. It follows from this norm that in order to comply with the procedure for storing and using such data, the employer must adopt the relevant local act and familiarize the employees with it against signature.

The legislation does not provide for unified forms for the adoption of local acts. The exception is staffing(form N T-3) and vacation schedule (form N T-7), the forms for which are approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment." 5 The employer determines the forms of other local acts independently. These can be instructions, methods, regulations, rules, standards, etc.

In accordance with Article 8 of the Labor Code of the Russian Federation, the norms of local regulations that worsen the situation of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, as well as local regulations adopted without complying with the provisions of this Code the procedure for taking into account the opinion of the representative body of employees are not subject to application. In such cases, labor legislation and other normative legal acts containing labor law norms, a collective agreement, agreements are applied.

The Supreme Court considered in the court session by way of supervision a civil case on the claim of Trubnikov Yew.N. to JSC "Novoaltaysky plant of reinforced concrete products named after G.S. Ivanov" for the recovery of wages, monetary compensation for delayed payment of wages and non-pecuniary damage on the supervisory complaint Trubnikov Yu.N. against the decision of the Novoaltaysky City Court Altai Territory dated March 11, 2009 and determined that the order of the General Director of JSC "Novoaltaysky plant of reinforced concrete products named after Ivanov G.S." on the establishment of a part-time working week, which is a local normative act, was not subject to application, since it worsened the position of workers in comparison with the established labor legislation and was adopted in violation of Article 8 of the Labor Code. 6

The sources of labor law are usually understood as ways of expressing the law in the rules governing social and labor relations. The specifics of the system of sources of labor law is due to the history of the development of labor legislation and the peculiarities of the Russian legal system.

The Labor Code of the Russian Federation contains in article 5 a system of normative legal acts regulating labor relations. Acts of labor legislation are in a certain relationship, have unity and reflect the features caused by the specifics of the use of labor by certain categories of workers, certain industries and certain climatic conditions in which work is carried out. 7

The sources of labor law include normative acts, primarily the Constitution Russian Federation, acts of subjects of the federation, local governments, local regulations.

The role of local regulation of labor and directly related relations in the modern period is due to its characterization as an auxiliary regulator. This is manifested mainly in the fact that local regulations containing labor law norms cannot be applied without taking into account state standards.

The close connection between centralized acts of labor legislation and local regulations, the need for their simultaneous consideration, both in their establishment and application, is one of the features of the legal regulation of labor and other relations directly related to them in Russia.

In accordance with this, in the mechanism of legal regulation of labor and other relations directly related to them, local regulations perform the most important function - specifying (detailing) the legal norms contained in labor legislation. The function of concretization (detailing) of the implementation of general norms of labor legislation is regulated by legal regulations contained in local acts.

The concretizing value of a local normative act depends on the presence of relevant regulations in it. At the same time, the concretizing norm can be applied only in conjunction with the general norm of law. A certain dependence of legal prescriptions is formed: some establish a general rule, others develop individual details of legal regulation.

The concretization of general norms in the process of local normative regulation of labor relations today remains a kind of continuation of established traditions, especially since a significant part of local rule-making acts are now made up of such social partnership agreements at the organization level as collective agreements. eight

The Labor Code of the Russian Federation plays a special role in the system of sources of labor law. Among the sources of labor law special role play local regulations. Recently, the role of local regulation of labor relations with the help of collective agreements, internal labor regulations has increased.

Local regulations or internal regulations are an integral part of Russian legislation. They can in some cases fill in the gaps in legislation by establishing internal procedures (regulations, regulations, etc.) that are not indicated in regulatory legal acts; in others - to ensure only the implementation of the norms of higher regulatory legal acts, without supplementing them; thirdly, to specify in detail certain legal norms by developing recommendations and rules for the application of normative legal acts.

There is a provision in the Labor Code of the Russian Federation, an analogue of which should be enshrined in other branches of legislation: local regulations that worsen the position of workers in comparison with labor legislation, a collective agreement, agreements, or adopted without observing the procedure for taking into account the opinion of the representative body of workers provided for by the Labor Code of the Russian Federation, are recognized as invalid.

Legal monitoring is important for the openness of state activity, awareness of citizens and the public about the state of the legal basis for the development of Russia, as well as for raising the level of legal awareness and legal culture of society as a whole. 9

In particular, Khabrieva T.Ya. at the Third International Workshop for Young Scientists and Specialists noted that legal monitoring should be understood as a comprehensive work on a systematic assessment of the state of legislation at all stages of its creation and application and, in addition to developing a system of typical indicators for the implementation of laws, methods for analyzing and assessing legal situations in the country , region, social group, such a system is needed for the category of individuals or legal entities. There is also a need for a system of mechanisms for conducting public discussions of the state and trends in the development of law enforcement practice 10 .

Labor legislation contains a fairly large number of regulations that differentiate working conditions according to objective and subjective criteria.

A number of labor law norms, including the Labor Code of the Russian Federation, have an official interpretation formed by the judiciary and executive authorities within the limits of their powers.

The concepts of "differentiation in the field of labor law" and "discrimination". Most often, discriminatory norms are contained in the local acts of the employer, in the event of an attempt to regulate or specify certain legal relations, for example, hiring, wage conditions.

In the context of the transition to a market organization of labor, the role of local legal regulation of labor relations is sharply increasing - this is an independent form of implementing laws and other regulatory legal acts. Unlike other forms, it involves the implementation of rule-making functions by the employer independently or taking into account the opinion of the representative body of employees and is associated with the adoption of such regulatory legal acts that are valid only at the enterprise, institution, organization.

The use of this method of regulation allows, on the one hand, the employer to promptly adopt internal acts aimed at ensuring the implementation of external regulatory legal acts, and on the other hand, it enables employees to participate in management through elected representative bodies.

Local regulations adopted at the enterprise determine its special internal legal order. They are closer to mediated social relations than centralized ones, they capture their dynamics faster, more fully take into account the features and specifics of regulation in relation to a particular organization.

The interaction of centralized and local legal regulation is carried out in the following areas:

1. Recognition of the rights and obligations for employers and employees' representatives to local rule-making. Article 8 of the Labor Code also includes local acts containing labor law norms in the system of labor legislation.

The limits of local legal regulation are established by the state by issuing by state bodies:

a) authorizing norms, which provide the employer and the representative of employees with the opportunity to adopt “their own” legal regulations on many issues.

This happens with the use of such terms as “may be established”, “allowed”, “has the right”, etc.

So, in a collective agreement, taking into account the financial economic situation of the employer, benefits and benefits for employees, working conditions that are more favorable than those enshrined in laws, other regulations, agreements; the list of positions of employees with irregular working hours is determined by the collective agreement, agreement or internal labor regulations; the employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee, his immediate supervisor or a representative body of employees, etc.;

b) norms that require the employer to issue or adopt a local regulatory act independently, but in compliance with the relevant procedures (the order in which paid holidays are granted should be determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of this organization);

c) norms containing prohibitions and restrictions in the field of local regulation and defining the area of ​​centralized legal regulation (the tariff system for remuneration of employees of enterprises financed from the budget of all levels is established on the basis of a single tariff scale for remuneration of employees in the public sector, approved in the manner established by federal law; it is not allowed to fix in collective agreements or individual labor contracts the working conditions of disabled people (wages, working hours and rest periods, the duration of annual and additional paid holidays, etc.), which worsen their situation in comparison with other workers).

2. Assignment to the employer and the representative bodies of employees of the obligation to implement local legal regulation of individual labor relations (on the payment of wages, the establishment of working hours and rest periods, etc.) - For example, the wages of workers in the non-budgetary sphere should be established by collective agreements, agreements, local regulations, labor contracts; the procedure for introducing summarized accounting of working time - by the rules of internal labor regulations.

3. Official recognition of local regulations legal basis to resolve cases in court.

4. Establishment at the federal level of the minimum legal guarantees(minimum wage, minimum vacation time), which cannot be reduced locally; determining the desired option for the legal regulation of certain types of labor relations by developing appropriate recommendations or exemplary standard legal acts (conclusion of labor contracts related to access to state secrets, contracts on full liability, formation of representative bodies of employees, etc.).

5. Establishing a procedure for the development and adoption of local legal acts.

6. Legal support of the rights of employers and employees in the field of local regulation.

7. Consolidation in federal regulations of legal norms, local rule-making, widely used in practice.

An analysis of the interaction between centralized and local regulation indicates that the latter is subordinate to the law and is of an additional, secondary nature, but plays a significant role in ensuring the labor rights of workers.

The sublegality of local legal acts and norms implies:

Compliance of their content with the provisions of federal and regional laws, other legal acts adopted at these levels of regulation;

Compliance with the required procedure for the adoption (publication) of local acts or norms;

Correct determination of the limits of local rule-making.

State regulation of the procedure for the development and adoption of local regulations of labor and labor procedural law includes: determining the scope of their application, the procedure for adopting the most important (collective agreements, internal labor regulations) and resolving disagreements that arise; corresponding registration of some of them.

In modern conditions, the role of local regulation of labor and related relations is increasing dramatically. This need was reflected in the Labor Code of the Russian Federation, which significantly expanded the limits of contractual and local legal regulation; distributed them to all organizations; improved local regulation of certain types of labor relations; gave employers broad powers in this area.

So, regulation can be carried out within the framework of the enterprise as a whole, in a branch, representative office, or other separate structural unit. It is carried out either by the employer independently or with the participation of employees or their representative bodies and is aimed at streamlining the legal regulation of labor relations. The main significance of this regulation lies in the fact that it provides an opportunity for employers and employees to independently develop rules of conduct that are objectively necessary in the specific conditions of the enterprise, encourages specific subjects of lawmaking at the local level to act.

In connection with the stated legal arguments, in my opinion, it is difficult to share another conclusion of Aliyev A.M.: "The main social value of local regulatory regulation lies in the fact that it ... HELPING TO OVERCOME CONTRADICTIONS IN LEGAL REGULATION related to the dynamism of modern relations , the cumbersomeness of the legislation, the conflicts it contains". eleven

Introduction. 3

1. The concept of local rules of law, their place and significance in the system of sources of labor law. 5

2. Subjects of local rule-making. 12

3. Types of local regulations. fifteen

4. Development and procedure for the adoption of local regulatory legal acts containing labor law norms, with the participation of trade union and other representative bodies created by employees with the participation of labor collectives (employees) 21

Conclusion. 34

List of used literature.. 36

Introduction

Legal regulation of labor relations is carried out in three ways.

First, there is centralized state and regional regulation, which is based on federal laws on employment, trade unions, collective agreements and agreements, strikes, labor protection, and some others. These laws decide individual issues social protection of workers. However, despite the obligations of the Government of the Russian Federation, adopted in the first General Agreement of 1992, there are still no laws on the employment contract, individual labor disputes, wages, working hours and rest time. The full regulation of market relations with the help of the Labor Code (LC) of the Russian Federation is hindered due to the failure of the Government of the Russian Federation to adopt the relevant legal acts. By-laws of the federal executive authorities, solving certain issues in the field of labor and its payment, are not able to fill in the numerous gaps in labor legislation. The regulatory framework of the subjects of the federation is also weak in this respect (for example, the law of the Ivanovo region on labor protection practically repeats a similar federal law).

As you can see, the first method does not adequately ensure the implementation of the protective function of labor legislation. As a result, there is a decrease in labor guarantees for workers under the indisputable dictatorship of employers.

Secondly, there is an individual-contractual regulation of working conditions. The employee and the employer are free to determine the content of the employment contract. But the freedom of the worker, i.e. his ability to act at his own discretion is very limited: he can either agree with the conditions of the employer, which means getting a job, or reject them and, accordingly, be left without a job. The freedom of the employer is undoubtedly incomparably wider.

Thirdly, local regulation of labor relations is allowed, which provides employees with the most effective opportunities to protect their interests. This area of ​​rule-making is limited to the scope of the organization and applies to employees who have concluded employment contracts with this organization. The essence of local regulation is to ensure the self-organization of the parties to the labor relationship. By developing and adopting local rules of law, the employer and employees implement the principle of "self-help" in the form of local labor standards.

The purpose of this term paper is the study of the concept of local regulations containing the norms of labor law, their types, the procedure for their development and adoption.

The legal definition of local regulations was first formulated in the Labor Code of the Russian Federation. According to his Art. 8 these are acts containing labor law norms adopted by the employer within its competence in accordance with laws and other regulatory legal acts, a collective agreement, agreements.

Local normative acts have all the features characteristic of a normative legal act.

1. Volitional content. A local normative act embodies the will of the developers of this act, as well as the subjects and participants of rule-making, which different stages development, discussion and adoption of the document expressed their attitude towards it.

The democratic principles of the volitional content of a local normative act are manifested in their proximity to reality, i.e. to the conditions of a particular organization. The content of the main local acts, especially the collective agreement and other joint or agreed projects of local rule-making, expresses the will of not only the employer, but also the employees represented by their representatives. In local acts provided for by labor legislation, the embodiment of the will of employees is made dependent on the discretion of the employer, although these acts are adopted by the latter, taking into account the opinion of the representative body of workers. Local regulations that are not provided for by labor legislation are in the power of the employer, who, however, must be guided by the legislator's instructions regarding their content and notification of employees about it.

The state will is directly expressed in those local normative acts, the adoption of which is permitted by the legislator through a direct indication or their authorization. In other cases of the adoption of local norms, the state will manifests itself indirectly. The state always remains the body that establishes the "rules of the game" and guarantees the real implementation of local rules of law.

2. Official character. This sign is connected with the first, since local regulations receive their official character thanks to rule-making bodies. For centralized legal acts, increased requirements are established, including procedures for their adoption, publication and bringing to the attention of law enforcers. The absence of official publication means that, firstly, the rule-making body does not fully fulfill its duties, and secondly, grounds are created for violating the rights and freedoms of citizens.

When developing the draft Labor Code of the Russian Federation, the legislator avoided resolving the issue of publishing or otherwise bringing local regulations to the attention of employees. It appears that Art. 22 "Basic Rights and Obligations of the Employer", the following provision must be made: "The employer is obliged to provide employees with the opportunity to familiarize themselves with the local regulations in force in the organization." This can be done by creating a website or special program organizations dedicated to adopted local acts, the development of an enterprise standard (STP), containing information about all local documents of the organization, which will be convenient to study in a specially designated room or library.

Only from the moment the content of each local act is brought to the attention of employees can we talk about its effect.

3. Plurality and hierarchical construction. Hierarchy of sources of law, i.e. establishing subordination links between various forms law is essential for the formation of a system of local regulations. The basis of the hierarchy of local sources is the collective agreement, which is part of the social partnership system and is an agreement between the employer and employees on the regulation of labor and other relations directly related to them. It is the collective agreement that predetermines other levels of local regulations.

The multiplicity of local sources of labor law is due to the fact that the law endowed not only the employer and his representatives, but also employees and their representative bodies with rule-making functions.

4. The universal nature of local regulations is manifested in the fact that they relate to an indefinite circle of people in a given organization and are designed for repeated application. As noted by A.V. Grebenshchikov and S.P. Mavrin, “a common quality that unites all local acts regulating relations in the field of determining the requirements for the content of labor, its regime, working hours and rest time, wages, etc., into one type of source of labor law, is their intra-corporate nature, which gives their binding features only in relation to members of one production and labor corporation. In other words, local norms are designed for a personally indefinite circle of persons who are in labor relations with a given organization.

Local regulations are in force continuously and permanently. Their “inexhaustibility” is manifested in the fact that even after the fulfillment of the prescriptions laid down in them, they do not stop their action.

5. The competence of the entities authorized to create a normative act and the procedure for its adoption are established by the Labor Code of the Russian Federation, other laws and legal acts. In some cases, the legislator grants the subjects of rule-making the right to introduce procedures for the adoption of a normative act. Thus, the procedure for developing a draft collective agreement and its conclusion is determined by the parties in accordance with the Labor Code of the Russian Federation and other federal laws. When adopting local regulations in cases not provided for by labor legislation, the procedure for developing a draft local document, the possibility of discussing it with the representative bodies of employees are determined by the employer.

6. Documentation. A local normative act is always a written document. Requirements for its form, language, presentation style, structure and content, availability of relevant details (date of adoption, number, name, registration, etc.) are centrally regulated and formed by scientists. So, A.F. Shebanov emphasizes that "the legislator seeks to give an extremely clear and precise verbal expression of each legal norm in order to most fully, definitely and at the same time simply and easily convey its content ... to ensure a uniform understanding and implementation of legal norms."

The Labor Code of the Russian Federation establishes requirements both for the form of the act (regulations, instructions, schedules, etc.), and for the structure and content of some local acts (collective agreement, internal labor regulations). Distortion of the form or going beyond the range of issues, the solution of which is prescribed in a specific act, apparently, will mean a violation of the competence of the law-making body. Written form contributes to a uniform understanding of the essence of the act. It is necessary for the application of possible sanctions in cases of non-compliance with local regulations.

7. Designed to regulate socially significant public relations. Not all public relations should be subject to legal regulation. Thus, it seems inappropriate to elevate technical norms to the rank of a local act. An anti-example of a local regulatory act can be the “General Rules for General Cleaning of a Treatment Room”, which are published under the heading “Example of Local Regulation of General Cleanings” and recommended to the chief physicians of medical institutions for approval.”

Along with common features characteristic of all normative acts, the following specific features are inherent in local sources of law.

1. They are by-laws. Their formation is based on legal norms of general validity, which, taking into account local conditions, can be supplemented, clarified or specified. In accordance with Art. 5 of the Labor Code of the Russian Federation, local acts, together with acts of local governments, close common system sources of labor law.

2. The main, dominant subject of local rule-making is the employer, who can (and in some cases is obliged) to adopt local regulations within his competence. Moreover, in local acts provided for by labor legislation, the embodiment of the will of employees related to rule-making is made dependent on the discretion of the employer. Local acts that are not specifically provided for by labor legislation are completely in the power of the employer, however, he must be guided by the legislator's instructions regarding their content and written notification of employees about them two months before their introduction in accordance with the rules of Art. 73 of the Labor Code of the Russian Federation.

3. Local regulations are intended only for internal use within a particular organization. Regulating labor and other closely related relations, local acts are distinguished by the greatest proximity to the employee compared to other legal acts. This is expressed in the fact that with their help the content of each employment contract is formed, a list of information about the employee and other issues related to him are established. personal features. As a rule, through the implementation of local norms, the employee receives remuneration for work, additional benefits and benefits compared to the legislation, paid at the expense of the organization's funds.

Local acts fix the rules of conduct for participants in joint work, which are specific to a given organization. In addition to the legal norms that make up the main content of the local regulatory act, it fixes business practices (for example, the requirement to fill out bypass sheets when dismissing employees), business habits (holding planning meetings or issuing written assignments to employees), corporate traditions (honoring production leaders), ethical standards (greeting each client of the company with a greeting), aesthetic standards (wearing branded clothing).

4. Local norms are distinguished by the speed of response to changes in the social organization of labor. They can quickly meet production needs while legitimizing the various interests of the parties. They are often adopted on an experimental basis to test options for their impact on workers, to establish the effectiveness of their practical application. Identified omissions can be promptly eliminated by making changes and additions.

5. Flexibility in the application of labor legislation to specific production conditions and a variety of local norms make it possible to establish the advantages of some organizations over others. This is achieved by fixing favorable working conditions and social climate, attractive moral and material incentives in local norms. Thus, the social guidelines inherent in this organization are fixed. N.G. Alexandrov noted: “The purpose of such local regulations is to reflect the specifics of this enterprise and the overall results of the activities of its team and individual employees in establishing working conditions and its remuneration (especially additional pay - bonuses, etc.).

6. It is impossible not to note the social orientation of local norms, since their adoption is often associated with mitigating the negative consequences of market relations. Local acts (most often in collective agreements) define the obligations of the employer related to the provision of material benefits to employees, loans for housing construction, sanatorium and preventive treatment, etc.

7. Another significant purpose of local norms is to harmonize the interests of employees and the employer through the introduction of a system of "checks" and "balances" of the parties, disclosed in internal acts. Concessions of the parties to each other, mutual obligations and responsibility contribute to the construction of civilized relations in collectives.

2. Subjects of local rule-making

The source of the rule-making powers of a private employer is not the state or municipal authorities, but his economic power, which stems from the fact of the lawful possession of all factors of production, including labor. The employer exercises its rule-making powers within the limits of its legal personality, established by laws, other regulatory legal acts, a collective agreement, agreements.

employer, by general rule, is not obliged to adopt local regulatory legal acts. An exception to this rule is: a) a schedule of annual paid holidays, approved by the employer no later than two weeks before the start of the calendar year (Article 123 of the Labor Code of the Russian Federation); b) documents of the organization establishing the procedure for processing personal data of employees (clause 8, article 86 of the Labor Code of the Russian Federation); c) instructions for workers on the protection of their labor (Article 212 of the Labor Code of the Russian Federation).

2. From the standpoint of the features of creation, all local regulations should be divided into those created by the employer: a) with the participation of a representative body of employees; b) unilaterally.

In turn, the participation of the representative body of employees in the local rule-making of the employer can be expressed in the form of taking into account the opinion of this body or in the form of adopting an act in agreement with it. The need to take into account the opinion of the representative body of employees is not for the employer the nature of a universal obligation addressed to all local rule-making. On the contrary, such an obligation arises for him only in specific cases specified in the Labor Code of the Russian Federation, other laws or by-laws, or collective agreements. The content of specific articles of the Labor Code of the Russian Federation imposes this obligation on the employer in relation to cases:

Such a wording of the article of the Labor Code of the Russian Federation, as a later law, actually blocks the possibility of a broad interpretation of the content of paragraph 3 of Art. 11 of the Federal Law of January 12, 1996 No. 10-FZ “On Trade Unions, Their Rights and Guarantees of Activity”, which provides for the need for employers and their associations to establish wage systems, forms of material incentives, tariff rates (salaries), as well as norms labor in agreement with the relevant trade union bodies with subsequent consolidation in collective agreements and agreements. Part 3 Art. 8 of the Labor Code proceeds from the idea that the obligation of the employer to adopt local regulatory legal acts in agreement with the representative body of employees should initially be enshrined in a collective agreement or agreement for very specific cases. In other words, first there must be an introduction into the content of the collective agreement or agreement of the relevant conditions and only then the employer must be obliged to adopt a specific local regulatory legal act in agreement with the representative body of workers. By the way, this body does not have to be a trade union.

In the absence of employee representatives in the organization, the employer adopts any local regulatory legal acts unilaterally. He has such an opportunity even if there are representatives of employees, if the law, by-law, collective agreement or agreement does not stipulate any form of participation of the representative body of employees in the local rule-making of the employer. For example, the law does not require taking into account the opinion of the representative bodies of employees when adopting local regulations that approve provisions on the certification of employees, additional holidays, the introduction of collective liability, etc. Accordingly, the employer has the right to adopt these acts independently, without the participation of representative bodies of employees, unless otherwise stipulated by the collective agreement or agreement.

3. Types of local regulations

The characterization of any legal phenomenon would be incomplete without its classification. The systematization of local regulations makes it possible to reflect the most significant features inherent in these sources of law.

But first, let's consider how centralized norms are divided depending on the form legal impact to establish the scope of local regulation of labor relations. According to this criterion, there are:

a) imperative norms, i.e. norms containing a prohibition or prescription. Yes, Art. 133 of the Labor Code of the Russian Federation provides that the monthly salary of an employee cannot be lower than the minimum wage established by federal law;

b) permissive norms that provide the subjects of local rule-making with the opportunity to regulate their behavior. For example, in accordance with Part 2 of Art. 135 of the Labor Code of the Russian Federation, payment and incentive systems are introduced by the employer;

c) advisory norms establish the forms of desirable behavior of the subjects of rule-making. According to Part 1 of Art. 135 of the Labor Code of the Russian Federation, it is recommended that wage systems for non-budgetary organizations be determined by collective agreements, agreements, local regulations, labor contracts.

By the method of creation, the following local regulations can be distinguished:

a) one-man - taken directly by the employer without the participation of representative bodies of employees (as a rule, these are acts not provided for by the Labor Code of the Russian Federation and other legal acts);

b) joint - accepted by the employer and representative bodies of employees (for example, a collective agreement, provisions on the procedure for the development and adoption of a collective agreement or on labor dispute commissions);

c) conciliatory-contractual - adopted by the employer in agreement with the representative body of employees (the list of such acts is established by the employer);

d) created by the employer, taking into account the opinion of the representative body of employees (these include all documents provided for by the Labor Code of the Russian Federation and other legal acts);

e) approved by collegial management bodies legal entity(for example, regulations on the board of directors, the board and the general director);

f) adopted by the representative bodies of workers (for example, regulations on strike committees, veterans' councils and other bodies of public amateur performance).

Based on their legal nature, local acts are divided into the following groups:

a) one-man;

b) social partnership (local acts adopted with the participation of representative bodies of employees);

c) corporate (in the broad sense, these are all local rules of conduct that are developed in an organization based on the association of individuals and capital, express the will of its team and regulate various aspects of the organization's activities. In the narrow sense, in my opinion, this includes internal documents of organizations, devoted mainly to issues of corporate governance (charters, codes of corporate conduct, regulations on governing bodies)).

Depending on the scope, local regulations can be divided into groups of general and special action. Most of them, for example, a collective agreement, internal labor regulations, instructions on labor protection, regulations on remuneration, apply to all employees of the organization. Others - for certain categories of workers (for example, provisions on structural divisions, teams, bonuses) or regulate certain aspects of labor relations (regulations on elections, on election by competition, on certification, etc.).

Such a criterion as the sanctioning of local regulations by the state allows us to name three types of local sources:

a) local acts provided for by the Labor Code of the Russian Federation, i.e. acts delegated by the state, which determines their main content, scope and duration, procedure for development and adoption;

b) local acts not provided for by the Labor Code of the Russian Federation, but recognized by other legal acts, including collective agreements and agreements. The latter determine the content and procedures for the adoption of these local acts

c) acts not mentioned by centralized and other legal acts, but actively used by the employer.

By specifically highlighting the local acts provided for by labor legislation, the legislator thereby secured the presumption of the employer's right to adopt this group of acts. At the same time, the ratio of local acts provided for and not provided for by labor legislation is characterized not by subordination, but by subordination.

Local norms, concretizing and often supplementing, developing general norms, thereby become their continuation. It is interesting to trace which institutions of labor law include certain local acts as an integral part. In other words, the subject of regulation is the basis for dividing local acts into the following groups:

a) the charters (regulations) of the organization that determine the procedure for electing to a position, filling the corresponding positions by competition and appointment to a position or approval in a position (Articles 16 - 19 of the Labor Code of the Russian Federation), regulate the issues of the emergence of labor relations. In addition, Art. 8 of the Labor Code of the Russian Federation establishes the possibility of adopting local regulations that are not provided for by labor legislation;

b) the collective agreement and the provision on the procedure for developing and concluding a collective agreement are used to regulate social partnership relations. The collective agreement has a wide scope, with the exception of liability relations, supervision and control over compliance with labor laws;

c) staffing (Article 57 of the Labor Code of the Russian Federation), internal labor regulations and local regulations related to the employee's labor function (Article 68 of the Labor Code of the Russian Federation), local regulations on the personal data of the employee (Articles 86 - 88 of the Labor Code RF), are characteristic of the institution of an employment contract;

d) internal labor regulations (Articles 91, 94 and others of the Labor Code of the Russian Federation), a list of positions for employees with irregular working hours (Article 101 of the Labor Code of the Russian Federation), shift schedules, rolling schedules (Articles 102, 100 of the Labor Code of the Russian Federation), local acts on the division of the working day into parts (Article 105 of the Labor Code of the Russian Federation) are characteristic of the institution of working time;

e) internal labor regulations, vacation schedules (Article 123 of the Labor Code of the Russian Federation) and local acts on the procedure and conditions for granting additional holidays, as well as cases of extension (postponement) of annual paid holidays (Articles 116 and 124 of the Labor Code of the Russian Federation) are characteristic of the institute rest time;

f) local regulations on wage indexation (Article 134), on remuneration and labor incentives (Articles 135, 144), local regulations providing for the introduction, replacement and revision of labor standards (Article 162 of the Labor Code of the Russian Federation), participate in formation of the institution of remuneration;

g) internal labor regulations govern relations related to labor discipline;

h) local regulations on the forms of professional training, retraining and advanced training of employees are characteristic of the relevant institution of labor law;

i) the regulations on certification of workplaces (Article 212 of the Labor Code of the Russian Federation), on labor protection committees (commissions) (Article 218 of the Labor Code of the Russian Federation), instructions on labor protection (Article 212 of the Labor Code of the Russian Federation) are characteristic of the labor protection institute;

j) the provision on the commission on labor disputes (Article 384 of the Labor Code of the Russian Federation) is used to regulate relations when considering labor disputes.

According to the degree of generalization, complex local acts (charter, collective agreement, internal labor regulations) and current ones are distinguished.

According to the form of expression (name), they distinguish: a) contracts, agreements; b) statutes, regulations; c) rules; d) instructions; e) lists; e) graphics; g) procedures; h) standards; i) cases and procedures; j) orders.

Depending on the period of validity, there are local regulations of indefinite validity (most of them) and adopted for a fixed period (collective agreements, provisions on bonuses, agreements on labor protection).

So, local normative acts have all the features characteristic of legal acts. They, being the lowest link in the system of labor legislation, can be attributed both to sources of law and to legal acts. Local acts also have specific features. In particular, they are distinguished by proximity to the employee, since the content of the employment contract, issues of personal data of employees, obtaining additional benefits and benefits are regulated by local sources. They fix the social guidelines of the organization, aimed at mitigating the negative consequences of market relations.

4. Development and procedure for the adoption of local regulatory legal acts containing labor law norms, with the participation of trade union and other representative bodies created by employees with the participation of labor collectives (employees)

As already noted, the participation of the representative body of employees in the local rule-making of the employer can be expressed in the form of taking into account the opinion of this body or in the form of adopting an act in agreement with it. The need to take into account the opinion of the representative body of employees is not for the employer the nature of a universal obligation addressed to all local rule-making. On the contrary, such an obligation arises for him only in specific cases specified in the Labor Code of the Russian Federation, other laws or by-laws, or collective agreements. The content of specific articles of the Labor Code of the Russian Federation imposes this obligation on the employer in relation to cases:

a) approval of shift schedules (see article 103 of the Labor Code of the Russian Federation);

b) dividing the working day into parts (see article 105 of the Labor Code of the Russian Federation);

c) establishing the order of granting paid holidays (see article 123 of the Labor Code of the Russian Federation);

d) approval of a system of remuneration and incentives for work, including an increase in remuneration for work at night, weekends and non-working holidays, overtime work, as well as an increase in remuneration for hard work, work with harmful and (or) dangerous and other special conditions labor (see art. art. 135, 144, 147 of the Labor Code of the Russian Federation);

e) adoption of local regulations providing for the introduction, replacement and revision of labor standards (see article 162 of the Labor Code of the Russian Federation);

f) approval of the internal labor regulations (see article 190 of the Labor Code of the Russian Federation);

g) development and approval of labor protection instructions (see article 212 of the Labor Code of the Russian Federation).

According to part 3 of Art. 8 of the Labor Code of the Russian Federation, cases where the employer adopts a local regulatory legal act in agreement with the representative body of employees can, but, of course, should not be provided for in a collective agreement or agreements.

The employer, in the cases provided for by the Labor Code of the Russian Federation, before making a decision, sends a draft local regulatory act containing labor law norms and a rationale for it to an elected trade union body representing the interests of all or the majority of employees of this organization.

The elected trade union body, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on the draft in writing.

If the reasoned opinion of the elected trade union body does not contain agreement with the draft local regulatory act or contains proposals for its improvement, the employer may agree with it or is obliged, within three days after receiving the reasoned opinion, to conduct additional consultations with the elected trade union body of employees in order to achieve mutually acceptable solution.

If an agreement is not reached, the disagreements that have arisen are documented in a protocol, after which the employer has the right to adopt a local normative act containing labor law norms, which can be appealed to the relevant state labor inspectorate or to the court, and the elected trade union body of workers has the right to start the procedure of a collective labor dispute in the manner provided for by this Code.

Upon receipt of a complaint (application) by an elected trade union body, the State Labor Inspectorate is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is found, issue to the employer an order to cancel the specified local regulatory act, which is mandatory for execution (Article 372 of the Labor Code of the Russian Federation ).

The development and procedure for the adoption of such local regulatory legal acts containing labor law norms as collective agreements and agreements is closely related to the concept of social partnership. Social partnership is a system of relationships between employees (representatives of employees), employers (representatives of employers), state authorities, local governments, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them.

The main principles of social partnership are:

- equality of the parties;

– respect and consideration of the interests of the parties;

– the interest of the parties in participating in contractual relations;

– state assistance in strengthening and developing social partnership on a democratic basis;

– observance by the parties and their representatives of laws and other normative legal acts;

- the authority of the representatives of the parties;

- freedom of choice when discussing issues within the scope of work;

- voluntariness of acceptance of obligations by the parties;

- the reality of the obligations assumed by the parties;

- obligatory fulfillment of collective agreements, agreements;

– control over the implementation of adopted collective agreements, agreements;

- the responsibility of the parties, their representatives for non-fulfillment through their fault of collective agreements, agreements.

The parties to this system of interaction are employees and employers represented by duly authorized representatives. They conclude collective contracts and agreements, assume obligations, their interests are subject to agreement.

The social partnership system includes the following levels:

- the federal level, which establishes the basis for regulating relations in the sphere of labor in the Russian Federation;

- the regional level, which establishes the basis for regulating relations in the sphere of labor in a constituent entity of the Russian Federation;

- sectoral level, which establishes the basis for regulating relations in the sphere of labor in the industry (sectors);

- the territorial level, which establishes the basis for regulating relations in the sphere of labor in municipality;

- the level of organization that establishes specific mutual obligations in the field of work between employees and the employer.

Social partnership is carried out in the following forms:

– collective negotiations on the preparation of draft collective agreements, agreements and their conclusion;

– mutual consultations (negotiations) on the issues of regulating labor relations and other relations directly related to them, ensuring guarantees of labor rights of employees and improving labor legislation;

- participation of employees and their representatives in the management of the organization;

– participation of representatives of employees and employers in pre-trial resolution of labor disputes.

Representatives of employees in social partnerships are: trade unions and their associations, other trade union organizations provided for by the charters of all-Russian trade unions, or other representatives elected by employees in cases provided for by the Labor Code of the Russian Federation.

The interests of the organization's employees in the implementation of social partnership are represented by the primary trade union organization. However, this rule should be applied taking into account the legislation on trade unions and the widespread practice of creating a trade union of employees of the organization.

The Law on Trade Unions does not define the concept of "trade union", although it defines such terms as "primary trade union organization", "all-Russian trade union", etc. (Article 3). Thus, the difference between the primary trade union organization of any trade union and the trade union of the employees of the organization is not defined at the legislative level.

Article 4 of the Law provides that the rights of trade unions and the guarantees of their activities, enshrined in the Law, apply to all primary trade union organizations, trade unions, their unions (associations), as well as to the trade union bodies formed by them and to trade union representatives within their powers, and Art. 13 of the Law grants the right to conduct collective negotiations and conclude agreements and collective agreements on behalf of workers to trade unions, their associations (associations), primary trade union organizations and their bodies.

Thus, it must be recognized that the interests of the employees of the organization in the system of social partnership can be represented by both the primary trade union organization and the trade union of the employees of the organization.

At the federal, regional, territorial and sectoral levels, when concluding relevant agreements, conducting consultations and coordinating areas of socio-economic policy, creating and operating tripartite commissions for regulating social and labor relations of workers, only trade unions, their territorial organizations, trade union associations (regional, all-Russian). Other employee representatives at these levels of social partnership do not participate.

In accordance with the Law on Trade Unions in the Russian Federation, there are:

- trade unions - voluntary public associations of citizens connected by common industrial, professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests, incl. interregional and all-Russian;

- trade union organizations - territorial and primary;

- associations of trade unions - territorial, interregional, all-Russian.

Employees who are not members of a trade union have the right to authorize the body of the primary trade union organization to represent their interests in relations with the employer.

Legal support for collective bargaining is created on the basis of the requirements of the ILO Convention No. 154 on collective bargaining (1981), which provides for the need to take measures to facilitate collective bargaining, in particular, the creation of rules governing collective bargaining, bodies and procedures for resolving disagreements that have arisen in the negotiation process.

State regulation of the collective bargaining process (including the resolution of collective labor disputes) aims to:

a) streamline the relations of social partners;

b) stimulate the development of collective-contractual regulation;

c) promote the achievement of actual equality of partners by establishing special guarantees for representatives of employees.

State measures aimed at supporting collective bargaining also include legislative consolidation of the minimum labor rights of workers and the participation of state bodies in resolving collective labor disputes. The state level of guarantees is the base for negotiations, it serves as a kind of starting point. The existence of state-established guarantees for employees is considered as an incentive for their increase in collectively - contractual acts.

In Russia, with a fairly developed labor legislation, collective-contractual regulation is actively used precisely to increase the level of guarantees of labor rights, to establish benefits and benefits.

The second indirect regulator, which is aimed at reaching an agreement by the parties, is the existence of a state system for resolving collective labor disputes that have arisen in the course of negotiations. In accordance with the current legislation, a special state service for the settlement of collective labor disputes plays a significant role in resolving collective labor disputes, the main purpose of which is the organization of conciliation procedures (Article 11 of the Federal Law “On the Procedure for Resolving Collective Labor Disputes”). Assistance to an independent state service in the creation of conciliation bodies, the provision of consulting and methodological assistance, of course, contribute to the achievement of mutually acceptable agreements.

The implementation of the second function of the state - cooperation with civil society institutions - occurs through the participation of relevant state bodies in the work of tripartite bodies and the conclusion of agreements.

In the legal literature, an opinion has been expressed that in the mechanism of collective-contractual regulation of labor relations, the state plays a special role - the role of a social partner. At the same time, "the state as a social partner in the legal mechanism of social partnership is not endowed with power functions."

So, the development and adoption of collective agreements and agreements is carried out within the framework of social partnership.

A collective agreement is a legal act that regulates social and labor relations in an organization and is concluded by employees and the employer represented by their representatives.

If no agreement is reached between the parties on certain provisions of the draft collective agreement within three months from the date of the start of collective negotiations, the parties must sign the collective agreement on agreed terms with the simultaneous drawing up of a protocol of disagreements.

Unresolved disagreements may be the subject of further collective bargaining or resolved in accordance with the Labor Code and other federal laws.

A collective agreement may be concluded in the organization as a whole, in its branches, representative offices and other separate structural subdivisions.

When concluding a collective agreement in a branch, representative office, other separate structural subdivision of the organization, the representative of the employer is the head of the relevant subdivision, authorized by the employer.

The definition of a collective agreement given in Article 40 of the Labor Code of the Russian Federation corresponds to the provisions of international documents in the field of labor, in particular ILO Recommendation No. 91 “On Collective Agreements” (1951).

A collective agreement is a normative agreement, i.e. an act that is concluded in a contractual manner, but along with specific obligations contains the rules of law.

The definition given in Part 1 of Article 40 of the Labor Code of the Russian Federation emphasizes the normative nature of this legal act. Its main task is to regulate social and labor relations.

In the context of this norm, social and labor relations are understood as social relations that are part of the subject of labor law, as well as those related to social services for employees in a broad sense (additional social insurance, medical care, housing, etc.).

Along with the normative provisions, the collective agreement contains an obligation part - specific obligations of the employer to ensure normal working conditions.

In contrast to the previous legislation, the Labor Code establishes the model of a “single collective agreement”: in an organization, regardless of the number of representative bodies (trade unions and trade union organizations), one collective agreement is concluded that applies to all employees of this organization. This approach is fully consistent international standards in the field of social partnership and allows to ensure equal working conditions for all workers in the organization, regardless of membership in trade unions and other circumstances related to the representation of the interests of workers.

If no agreement is reached on certain provisions of the draft collective agreement within 3 months from the start of collective negotiations, the parties must sign a collective agreement on agreed terms. At the same time, a protocol of disagreements is drawn up, fixing the provisions on which the parties could not agree.

Obviously, this rule was established in order to clearly distinguish between the agreed and non-agreed terms of the collective agreement and not to delay its signing (and, consequently, the provision of benefits, advantages, norms establishing working conditions to employees provided for by it).

Unresolved disagreements after the signing of the collective agreement may be the subject of further negotiations or the subject of a collective labor dispute.

The question of choosing a method for resolving disagreements should be decided by agreement of the parties. If the parties have not reached an agreement or the employer (his representatives) evades the continuation of collective bargaining, it is necessary to proceed to conciliation procedures.

The collective agreement can be concluded both at the level of the organization as a whole, and at the level of separate structural divisions. At the same time, it must be remembered that in any case, the employer is a party to the collective agreement, i.e. organization.

The collective agreement may include mutual obligations of employees and the employer on the following issues:

– forms, systems and amounts of remuneration;

- payment of allowances, compensations;

- a mechanism for regulating wages, taking into account price increases, inflation rates, and the achievement of indicators determined by the collective agreement;

- employment, retraining, conditions for the release of workers;

– working time and time of rest, including issues of granting and duration of holidays;

– improving the working conditions and labor protection of workers, including women and youth;

– observance of the interests of employees during the privatization of an organization, departmental housing;

– environmental safety and health protection of workers at work;

– guarantees and benefits for employees who combine work with education;

– health improvement and recreation of employees and their families;

- control over the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employee representatives;

- Refusal to strike when the relevant conditions of the collective agreement are met;

– other matters determined by the parties.

The collective agreement, taking into account the financial and economic situation of the employer, may establish benefits and benefits for employees, working conditions that are more favorable in comparison with established laws, other regulatory legal acts, agreements.

The collective agreement shall include normative provisions, if the laws and other normative legal acts contain a direct instruction on the mandatory fixing of these provisions in the collective agreement.

Agreement - a legal act establishing general principles for regulating social and labor relations and related economic relations, concluded between authorized representatives of employees and employers at the federal, regional, sectoral (inter-sectoral) and territorial levels within their competence.

An agreement, unlike a collective agreement, is concluded at other levels of social partnership - federal, regional, territorial, sectoral.

The agreement is concluded by employers united within the industry, region, territory. Their interests at collective bargaining are represented by associations of employers and other representatives of employers. In the event that the agreement provides for full or partial financing from the budget (federal, subject of the Russian Federation, local), it must be concluded with the participation of the relevant executive authority or local government, which acts as a representative of employers (one of the representatives of employers) (h 6 article 35 of the Labor Code of the Russian Federation).

The other side of the agreements are the employees employed by these employers. Representatives of workers are the relevant trade unions and their associations.

The agreement, in accordance with Article 45 of the Labor Code of the Russian Federation, establishes general principles for regulating social and labor relations and related economic relations.

The above definition, unfortunately, is not fully consistent with the theory and practice of collective-contractual regulation of labor relations. General principles regulation of relations included in the subject of labor law are established at the level of federal law (Article 2 of the Labor Code of the Russian Federation), the subjects of social partnership cannot resolve such important issues. In practice, agreements, depending on the level of conclusion, establish either specific working conditions for the relevant categories of workers, or general obligations of the parties to ensure certain labor rights and guarantees.

Unlike a collective agreement, an agreement, along with social and labor agreements, can also regulate economic relations. This concept in Art. 45 of the Labor Code of the Russian Federation is not disclosed.

Agreements, depending on the level and composition of participants, can be general, regional, territorial, sectoral (intersectoral). At the same time, sectoral (intersectoral) agreements are concluded at the federal, regional and territorial levels.

Regional laws on social partnership determine the types of agreements concluded in the respective subject of the Russian Federation and their content. For example, the Law of the Krasnoyarsk Territory "On Social Partnership" provides for the conclusion of a Territorial tripartite agreement, regional sectoral (intersectoral) agreements, and territorial agreements.

Agreements can be bilateral - concluded by employers and trade unions (associations of trade unions), and tripartite - concluded with the participation of executive authorities or local governments. The type of agreement is determined by agreement between representatives of employees and employers.

At the choice of the parties, other agreements may be concluded, for example, professional, sectoral, territorial.

It should be noted that Part 10 of Article 45 of the Labor Code of the Russian Federation provides for the possibility of concluding agreements at any level of social partnership, i.e. in modern conditions, agreements at the organizational level are also acceptable, but in this case they should be devoted to “certain areas of regulation of social and labor relations”.

Conclusion

Due to the fact that the institution of local rule-making in the field of labor relations appeared in our legislation relatively recently, there are certain problems in the application of these rules.

For example, the terms used by the Labor Code of the Russian Federation when describing local sources need to be clarified. Mentioning the employer as a rule-making body, the legislator forgets about employees and some other entities that, along with the employer, can participate in the development of local regulations. The use of the expression "local regulations of the organization" excludes the employer - an individual from the number of rule-making bodies.

The Labor Code of the Russian Federation uses several similar names for local sources of law: “local regulations”, “local regulations of the organization”, “local regulations containing labor law norms adopted by the employer”. The most acceptable, in my opinion, is the concept of "local regulations containing labor law."

An elected trade union body, having filed a complaint with the state labor inspectorate or a court, "has the right to initiate the procedure of a collective labor dispute in the manner prescribed by this Code." Yes, indeed, the refusal of the employer to take into account the opinion of the elected trade union body of workers when adopting acts containing labor law norms is the basis for the emergence of a collective labor dispute (Article 398 of the Labor Code of the Russian Federation). But the implementation of this right in practice is extremely difficult, most likely impossible. The fact is that until the complaint is resolved in court or the state labor inspectorate, it is practically impossible to induce a meeting or conference of employees of an organization to put forward again already contested regulations, and even more so to go on strike. After all, it is likely that the court or the state labor inspectorate will cancel the controversial local normative act. In this regard, appropriate changes could be made to the legislation in order to create mechanisms for the implementation of this right in practice.

Bibliography

1. The Constitution of the Russian Federation (as amended on 10/14/2005) // RG dated 12/25/1993, No. 237, RF RF dated 10/17/2005, No. 42, art. 4212.

2. Convention No. 154 of the International Labor Organization "On the promotion of collective bargaining" // Conventions and recommendations adopted international conference labor. 1957 - 1990. Vol. II. - Geneva: International Labor Office, 1991. - S. 1935 - 1938.

3. Recommendation No. 91 of the International Labor Organization “On Collective Agreements” // Conventions and Recommendations adopted by the International Labor Conference. 1919 - 1956. T. I. - Geneva: International Labor Office, 1991. - S. 1042 - 1044.

4. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on June 30, 2006) // CZ RF dated January 7, 2002, No. 1 (part 1), art. 3, SZ RF dated 03.07.2006, No. 27, art. 2878.

5. Federal Law "On Associations of Employers" dated November 27, 2002 No. 156-FZ // RF RF dated December 2, 2002, No. 48, Art. 4741.

6. Federal Law “On the Russian Tripartite Commission for the Regulation of Social and Labor Relations” dated 01.05.1999 No. 92-FZ // СЗ RF dated 03.05.1999, No. 18, art. 2218.

7. Federal Law "On Trade Unions, Their Rights and Guarantees of Activities" dated 01/12/1996 No. 10-FZ (as amended on 06/29/2004) // CZ RF dated 01/15/1996, No. 3, art. 148, SZ RF dated 05.07.2004, No. 27, art. 2711.

8. Law of the Krasnoyarsk Territory "On social partnership" dated 06/25/2004 No. 11-2090 (as amended on 11/26/2004) // Krasnoyarsk worker dated 07/20/2004, No. 105, Krasnoyarsk worker dated 12/29/2004, No. 196.

9. Anisimov A.L. Basic rights and obligations of the employer // Labor law. - 2004. - No. 3. - S. 64 - 65.

10. Karabelnikov B.R. Labor relations in business companies. - M., 2003.

11. Kashanina T.V. Corporate (intracompany) law: Tutorial. - M., 2003.

12. Commentary on the Labor Code of the Russian Federation / Ed. S.A. Panin. - M., 2002.

13. Lushnikov A.M., Lushnikova M.V. Course of labor law: In 2 vols. - M., 2003. - T. 1.

14. Lushnikova M.A. State, employers and employees: history, theory and practice of the legal mechanism of social partnership (comparatively - legal research). - Yaroslavl: YarGU, 1997.

15. Malko A. V. subjective law and legitimate interest // Jurisprudence. - 2000. - No. 3.

16. Mironov V.I. Article-by-article commentary of the Labor Code of the Russian Federation. - M., 2002.

17. Pigarkina E.A., Leontieva O.G. How to formalize labor relations in a commercial organization // Labor Law. - 2004. - No. 4 - 5.

18. Protsevsky A.I. Method of legal regulation of labor relations. - M., 1972.

20. Soviet labor law: Textbook / Ed. N. G Alexandrova. - M., 1972.

21. Labor law of Russia: Textbook / Ed. S. P. Mavrina, E. B. Khokhlova. - M., 2002.

22. Chucha S. Yu. Formation and prospects for the development of social partnership in the Russian Federation. – M.: Verdict, 2001.

23. Shebanov A.F. Normative acts of the Soviet state: Lectures of the Faculty of Law. - M., 1956.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on May 9, 2005) // CZ RF dated January 7, 2002, No. 1 (part 1), art. 3, SZ RF dated 05/09/2005, No. 19, art. 1752.

Mironov V.I. Article-by-article commentary of the Labor Code of the Russian Federation. - M., 2002. - S. 66.

Labor Law of Russia: Textbook / Ed. S. P. Mavrina, E. B. Khokhlova. - M., 2002. - S. 199 - 200.

Shebanov A. F. Normative acts of the Soviet state: Lectures of the Faculty of Law. - M., 1956. - S. 8.

Cm.: Chief Physician. – 2002. – № 2.

See: Kashanina T.V. Corporate (intracompany) law: Textbook. - M., 2003. - S. 75 - 76.

Soviet labor law: Textbook / Ed. N. G Alexandrova. - M., 1972. - S. 145 - 146.

Local regulations (LNA) in accordance with Article 8 of the Labor Code:

These are acts containing norms adopted by employers within their competence. They occupy the lowest rung in the hierarchy of sources. The subjects of local rule-making are all, with the exception of employers - individuals who are not individual entrepreneurs. LNA should be distinguished from individual legal acts, i.e. acts, implementing labor law norms that are addressed to specific individuals and apply to specific cases (orders on a specific employee, on the deprivation of bonuses).

The main features of the LNA

LNA have the following characteristic features 1) are based on laws, other normative acts, collective contracts and agreements; 2) specify, supplement them in relation to the working conditions of a given employer; 3) accepted by the employer within its competence; 4) taken in accordance with the established procedure, i.e. taking into account the opinion or in agreement with the representative body of the employee, and if such agreement is provided for by the collective agreement, agreement; 5) cannot worsen the position of employees in comparison with labor legislation and other normative acts, collective agreements, agreements.

LNA norms that worsen the situation of employees, as well as acts adopted in violation of the established procedure, are not subject to application. LNA applies to employees of this employer, regardless of where they work. LNA are brought to the attention of employees against signature when hiring before signing an employment contract (Article 68 of the Labor Code), and when accepting a LNA or making changes to it - in the process of labor activity (Article 22 of the Labor Code).

There is no time to explain about local regulations, place an order with us and forget about demonic nights.

LNA system

1) According to the content, LNA can be distinguished, regulating: - the structure of the organization's management (staffing, regulations on structural divisions of organizations, job descriptions); acts regulating the issues of remuneration and incentives (regulations on remuneration, on bonuses, on compensation payments); LNA, regulating the regime of work and rest (rules of internal labor regulations, shift schedules, holidays); LNA, regulating issues of labor protection (instructions on labor protection, a list of types of work of increased danger, which are carried out along with tolerances); LNA, regulating issues, training and retraining of an employee.

2) By the circle of persons to whom the LNA applies: general and special.

3) According to the validity period, LNA with an indefinite period of validity and a definite period of validity are distinguished.

4) According to the method of adoption of the LNA, one can single out: those adopted by the employer independently (acts regulating the management structure); accepted by the employer in agreement with the representative body of employees, if such agreement is provided for by the collective agreement, agreement; adopted taking into account the opinion of the representative body of employees that is not binding on him (part 2 of article 8 of the Labor Code of the Russian Federation).

LNA, regulating issues of remuneration, labor protection.

The interests of workers in the adoption of the LNA are represented by the elected body of the primary trade union organization, or if there is no trade union organization or none of the trade unions represents the majority of workers and is not authorized to represent, other representatives of workers (Article 29-31 of the Labor Code).

If a permanent body has not been formed and the employees have not exercised their right to elect representatives, then the employer can accept the LNA independently.

The procedure for taking into account the opinion of the representative body of employees when adopting the LNA is provided for by Article 372 of the Labor Code and boils down to the following:

1) familiarization with the LNA project and the rationale for it;

2) development of a reasoned opinion on the project in writing and sending it to the employer within five days from the date of its receipt;

3) holding by the employer during three days negotiations with the trade union body to develop a mutually acceptable solution;

4) in case of failure to reach agreement, drawing up a protocol of disagreements, which gives the employer the opportunity to accept the LNA.

Involvement of the state labor inspectorate or the court by the trade union body in resolving the disputed issue if the act contradicts the current legislation, or start collective labor dispute procedures if the act complies with the law, but does not take into account the wishes of workers. The procedure for enacting local regulations is provided for in Article 12 of the Labor Code.

Introduction. 3

1. The concept of local rules of law, their place and significance in the system of sources of labor law. 5

2. Subjects of local rule-making. 12

3. Types of local regulations. fifteen

4. Development and procedure for the adoption of local regulatory legal acts containing labor law norms, with the participation of trade union and other representative bodies created by employees with the participation of labor collectives (employees) 21

Conclusion. 34

List of used literature.. 36

Introduction

Legal regulation of labor relations is carried out in three ways.

First, there is centralized state and regional regulation, which is based on federal laws on employment, trade unions, collective agreements and agreements, strikes, labor protection, and some others. These laws address individual issues of social protection of workers. However, despite the obligations of the Government of the Russian Federation, adopted in the first General Agreement of 1992, there are still no laws on the employment contract, individual labor disputes, wages, working hours and rest time. The full regulation of market relations with the help of the Labor Code (LC) of the Russian Federation is hindered due to the failure of the Government of the Russian Federation to adopt the relevant legal acts. By-laws of the federal executive authorities, solving certain issues in the field of labor and its payment, are not able to fill in the numerous gaps in labor legislation. The regulatory framework of the subjects of the federation is also weak in this respect (for example, the law of the Ivanovo region on labor protection practically repeats a similar federal law).

As you can see, the first method does not adequately ensure the implementation of the protective function of labor legislation. As a result, there is a decrease in labor guarantees for workers under the indisputable dictatorship of employers.

Secondly, there is an individual-contractual regulation of working conditions. The employee and the employer are free to determine the content of the employment contract. But the freedom of the worker, i.e. his ability to act at his own discretion is very limited: he can either agree with the conditions of the employer, which means getting a job, or reject them and, accordingly, be left without a job. The freedom of the employer is undoubtedly incomparably wider.

Thirdly, local regulation of labor relations is allowed, which provides employees with the most effective opportunities to protect their interests. This area of ​​rule-making is limited to the scope of the organization and applies to employees who have concluded employment contracts with this organization. The essence of local regulation is to ensure the self-organization of the parties to the labor relationship. By developing and adopting local rules of law, the employer and employees implement the principle of "self-help" in the form of local labor standards.

The purpose of this course work is to study the concept of local regulations containing labor law, their types, the procedure for their development and adoption.

The legal definition of local regulations was first formulated in the Labor Code of the Russian Federation. According to his Art. 8 these are acts containing labor law norms adopted by the employer within its competence in accordance with laws and other regulatory legal acts, a collective agreement, agreements.

Local normative acts have all the features characteristic of a normative legal act.

1. Volitional content. A local normative act embodies the will of the developers of this act, as well as the subjects and participants in rule-making, who at different stages of the development, discussion and adoption of the document expressed their attitude towards it.

The democratic principles of the volitional content of a local normative act are manifested in their proximity to reality, i.e. to the conditions of a particular organization. The content of the main local acts, especially the collective agreement and other joint or agreed projects of local rule-making, expresses the will of not only the employer, but also the employees represented by their representatives. In local acts provided for by labor legislation, the embodiment of the will of employees is made dependent on the discretion of the employer, although these acts are adopted by the latter, taking into account the opinion of the representative body of workers. Local regulations that are not provided for by labor legislation are in the power of the employer, who, however, must be guided by the legislator's instructions regarding their content and notification of employees about it.

The state will is directly expressed in those local normative acts, the adoption of which is permitted by the legislator through a direct indication or their authorization. In other cases of the adoption of local norms, the state will manifests itself indirectly. The state always remains the body that establishes the "rules of the game" and guarantees the real implementation of local rules of law.

2. Official character. This sign is connected with the first, since local regulations receive their official character thanks to rule-making bodies. For centralized legal acts, increased requirements are established, including procedures for their adoption, publication and bringing to the attention of law enforcers. The absence of official publication means that, firstly, the rule-making body does not fully fulfill its duties, and secondly, grounds are created for violating the rights and freedoms of citizens.

When developing the draft Labor Code of the Russian Federation, the legislator avoided resolving the issue of publishing or otherwise bringing local regulations to the attention of employees. It appears that Art. 22 "Basic Rights and Obligations of the Employer", the following provision must be made: "The employer is obliged to provide employees with the opportunity to familiarize themselves with the local regulations in force in the organization." This can be done by creating a website or a special organization program dedicated to adopted local acts, developing an enterprise standard (STP) containing information about all local documents of the organization, which will be convenient to study in a specially designated room or library.

Only from the moment the content of each local act is brought to the attention of employees can we talk about its effect.

3. Plurality and hierarchical construction. Hierarchy of sources of law, i.e. the establishment of subordinate links between various forms of law is also essential for the formation of a system of local regulations. The basis of the hierarchy of local sources is the collective agreement, which is part of the social partnership system and is an agreement between the employer and employees on the regulation of labor and other relations directly related to them. It is the collective agreement that predetermines other levels of local regulations.

The multiplicity of local sources of labor law is due to the fact that the law endowed not only the employer and his representatives, but also employees and their representative bodies with rule-making functions.

4. The universal nature of local regulations is manifested in the fact that they relate to an indefinite circle of people in a given organization and are designed for repeated application. As noted by A.V. Grebenshchikov and S.P. Mavrin, “a common quality that unites all local acts regulating relations in the field of determining the requirements for the content of labor, its regime, working hours and rest time, wages, etc., into one type of source of labor law, is their intra-corporate nature, which gives their binding features only in relation to members of one production and labor corporation. In other words, local norms are designed for a personally indefinite circle of persons who are in labor relations with a given organization.

Local regulations are in force continuously and permanently. Their “inexhaustibility” is manifested in the fact that even after the fulfillment of the prescriptions laid down in them, they do not stop their action.

5. The competence of the entities authorized to create a normative act and the procedure for its adoption are established by the Labor Code of the Russian Federation, other laws and legal acts. In some cases, the legislator grants the subjects of rule-making the right to introduce procedures for the adoption of a normative act. Thus, the procedure for developing a draft collective agreement and its conclusion is determined by the parties in accordance with the Labor Code of the Russian Federation and other federal laws. When adopting local regulations in cases not provided for by labor legislation, the procedure for developing a draft local document, the possibility of discussing it with the representative bodies of employees are determined by the employer.

6. Documentation. A local normative act is always a written document. Requirements for its form, language, presentation style, structure and content, availability of relevant details (date of adoption, number, name, registration, etc.) are centrally regulated and formed by scientists. So, A.F. Shebanov emphasizes that "the legislator seeks to give an extremely clear and precise verbal expression of each legal norm in order to most fully, definitely and at the same time simply and easily convey its content ... to ensure a uniform understanding and implementation of legal norms."

The Labor Code of the Russian Federation establishes requirements both for the form of the act (regulations, instructions, schedules, etc.), and for the structure and content of some local acts (collective agreement, internal labor regulations). Distortion of the form or going beyond the range of issues, the solution of which is prescribed in a specific act, apparently, will mean a violation of the competence of the law-making body. The written form contributes to a uniform understanding of the essence of the act. It is necessary for the application of possible sanctions in cases of non-compliance with local regulations.