俄羅斯勞動(dòng)法英語版-LABOURCODEOFRFeng（Word）

1、LABOUR CODEOF THE RUSSIAN FEDERATIONNO. 197-FZ OF DECEMBER 30, 2001(with the Amendments and Additions of July 24, 25, 2002, June 30, 2003, April 27, August 22, December 29, 2004, May 9, 2005, June 30, December 18, 30, 2006, April 20, July 21, October 1, 18, December 1, 2007, February 28, July 22, 23

2、, December 25, 30, 2008)Adopted by the State Duma on December 21, 2001Approved by the Council of the Federation on December 26, 2001In accordance with Federal Law No. 79-FZ of July 27, 2004, which shall enter into force upon the expiry of six months after its official publication, the terms of the p

3、resent Code shall apply to relations arising from state civil service, in the part not regulated by the above-mentioned Federal LawPart 1Section I. General ProvisionsChapter 1. Fundamentals of Labour LegislationFederal Law No. 90-FZ of June 30, 2006 amended Article 1 of this Code. The amendments sha

4、ll enter into force upon the expiry of ninety days after the official publication of said Federal LawSee the Article in the previous wordingArticle 1. Goals and Tasks of Labour LegislationThe goals of labour legislation shall be the institution of state guarantees of labour rights and liberties of c

5、itizens, creation of favorable labour conditions, protection of the rights and interests of employees and employers.The main task of the labour legislation is creation of the necessary legal conditions to achieve the optimal coordination of the interests of the parties of labour relations, interests

6、 of the state, as well as legal regulation of labour relations and other relations directly associated with them in:organisation of labour and labour management;employment with a given employer;professional training, retraining and professional development of employees at the given employer;2 / 508s

7、ocial partnership, carrying out collective negotiations, concluding collective contracts and agreements;participation of employees and trade unions in the establishment of working conditions and application of labour legislation in cases envisaged in the legislation;material liability of employers a

8、nd employees in the labour sphere;enforcement and control (including trade union control) over observation of the labour legislation (including the legislation on safety measures) and other normative legal acts containing labour law norms;resolving labour disputes;mandatory social insurance in the c

9、ases envisaged by federal laws.Federal Law No. 90-FZ of June 30, 2006 amended Article 2 of this Code. The amendments shall enter into force upon the expiry of ninety days after the official publication of said Federal LawSee the Article in the previous wordingArticle 2. Main Principles of the Legal

10、Regulation of Labour Relations and Other Relations Directly Associated with ThemProceeding from the generally accepted principles and norms of international law and pursuant to the Constitution of the Russian Federation, the main principles of the legal regulation of labour relations and other relat

11、ions directly associated with them shall be:freedom of work, including the right to work, which is chosen freely by everybody, or to which everybody agrees freely, the right to be the master of ones own abilities to work, to choose a profession and occupation;prohibition of forced labour and discrim

12、ination in the labour sphere;protection against unemployment and assistance in employment;ensuring the rights of each employee to fair working conditions, including working conditions meeting the safety and hygiene requirements, right to leisure, including restriction of working time, providing dail

13、y rest, days-off and holidays, paid annual leave;equality of rights and opportunities of employees;ensuring the right of each employee to the timely payment in full of fair earnings providing for a humane existence of the employee himself and his family at no less than the minimum amount of labour r

14、emuneration fixed by federal law;ensuring equality of opportunities of employees without any discrimination in promotion taking into account labour productivity, qualification and tenure in the occupation, as well as in professional training, retraining and professional development;ensuring the righ

15、t of employees and employers to unite to protect their rights and interests, including the right of employees to create trade unions and join them;ensuring the right of employees to take part in the management of the organisation in the forms envisaged in legislation;combination of state and contrac

16、tual regulation of labour relations and other relations directly associated with them;social partnership, including the right of employees, employers, their associations in contractual regulation of labour relations and other relations directly associated with them;obligatory compensation for the ha

17、rm incurred by the employee because of his execution of labour duties;instituting state guarantees to ensure the rights of employees and employers, implementation of state enforcement of and control over their observation;ensuring the right of everyone to protection of his labour rights and libertie

18、s by the state, in particular in court;ensuring the right of resolution of personal and collective labour disputes, including the right to a strike according to the procedure specified in the present Code and other federal laws;obligation of the parties of a labour contract to observe the terms of t

19、he concluded contract, including the right of the employer to demand that the employees execute their labour duties and treat carefully the property of the employer and the right of the employees to demand that the employer to observe his duties with respect to employees, labour legislation and othe

20、r acts containing labour legislation norms;ensuring the right of the representatives of trade unions to implement trade union control over observation of the labour legislation and other acts containing labour legislation norms;ensuring the right to employees to protect their dignity in the period o

21、f their work;ensuring the right for obligatory social insurance of employees.Federal Law No. 90-FZ of June 30, 2006 amended Article 3 of this Code. The amendments shall enter into force upon the expiry of ninety days after the official publication of said Federal LawSee the Article in the previous w

22、ordingArticle 3. Prohibition of Discrimination in the Labour SphereEveryone shall have equal opportunities to implement their labour rights.Nobody may be subject to restrictions in labour rights and liberties or gain any advantages regardless of sex, race, colour of skin, nationality, language, orig

23、in, property, family, social status and occupational position, age, place of residence, attitude to religion, political views, affiliation or failure to affiliate with public associations, as well as other circumstances not pertaining to the business properties of the employee.Not considered as disc

24、rimination is the institution of differences, exceptions, preferences, as well as restrictions of the rights of employees determined by the specific requirements for the given type of work specified in federal law, or stipulated by the special care of the state with respect to persons needing greate

25、r social and legal protection.Persons who consider that they were subject to discrimination in the labour sphere may apply to a court to restore the violated rights, reimburse material damage and compensate for the moral damage.Federal Law No. 90-FZ of June 30, 2006 amended Article 4 of this Code. T

26、he amendments shall enter into force upon the expiry of ninety days after the official publication of said Federal LawSee the Article in the previous wordingArticle 4. Prohibition of Forced LabourForced labour shall be prohibited.Forced labour is the carrying out of work under the threat of punishme

27、nt (violence), in particular:to maintain labour discipline;as retribution for participation in a strike;as a means of mobilization and use of work force for the needs of economic development;as a measure of punishment for the presence or expression of political views or ideological convictions contr

28、adicting the established political, social or economic system;as a measure of discrimination according to racial, social, national or religious affiliation.Forced labour also means work which an employee is made to perform under the threat of any punishment (duress) while in accordance with the pres

29、ent Code or other federal laws he is entitled to refuse to perform such, in particular, in connection with the following:a breach of the established term for paying his wage/salary or the incomplete payment thereof;the occurrence of a direct threat to the employees life and health due to a breach of

30、 labour protection standards, in particular, the failure to provide him with collective or individual protection facilities in accordance with the established regulations.For the purposes of the present Code enforced labour does not include the following:work the performance of which is stipulated b

31、y the legislation on military duty and military service or alternative civil service in place thereof;work the performance of which is due to the declaration of a state of emergency or martial law in the procedure established by federal constitutional laws;work performed in extraordinary circumstanc

32、es, i.e. in the case of a disaster or threat of a disaster (fire, flood, famine, earthquake, epidemic or epizootic), and in other cases endangering the life or normal living conditions of the whole population or of a part thereof;work performed as a result of a courts sentence that has become final

33、under the supervision of the state bodies charged with observance of the legislation in execution of court sentences.Federal Law No. 90-FZ of June 30, 2006 reworded Article 5 of this Code. The new wording shall enter into force upon the expiry of ninety days after the official publication of said Fe

34、deral LawSee the Article in the previous wordingArticle 5. Labour Legislation and the Other Acts Containing Norms of Labour LawThe regulation of labour relations and other relations which are directly related thereto in accordance with the Constitution of the Russian Federation and federal constitut

35、ional laws shall be carried on by:the labour legislation (including the legislation on the protection of labour) made up of the present Code, other federal laws and laws of subjects of the Russian Federation containing norms of labour law;other normative legal acts containing norms of labour law;dec

36、rees of the President of the Russian Federation;decisions of the Government of the Russian Federation and normative legal acts of federal executive governmental bodies;normative legal acts of executive governmental bodies of subjects of the Russian Federation;normative legal acts of local self-gover

37、nment bodies.Labour relations and other relations which are directly related thereto are also regulated by collective agreements, agreements and local normative acts containing labour law norms.The norms of labour law contained in other federal laws shall comply with the present Code.Where there is

38、a discrepancy between the present Code and another federal law containing labour law norms the present Code is applicable.If a newly enacted federal law containing labour law norms is inconsistent with the present Code the federal law is applicable on the condition that the relevant amendments are m

39、ade to the present Code.Decrees of the President of the Russian Federation containing labour law norms shall not be inconsistent with the present Code and other federal laws.Decisions of the Government of the Russian Federation containing labour law norms shall not be inconsistent with the present C

40、ode, other federal laws and decrees of the President of the Russian Federation.Normative legal acts of federal executive governmental bodies containing labour law norms shall not be inconsistent with the present Code, other federal laws, decrees of the President of the Russian Federation and decisio

41、ns of the government of the Russian Federation.Laws of subjects of the Russian Federation containing labour law norms shall not be inconsistent with the present Code and other federal laws. Normative legal acts of executive governmental bodies of subjects of the Russian Federation shall not be incon

42、sistent with the present Code, other federal laws, decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation and normative legal acts of federal executive governmental bodies.Local self-government bodies are entitled to adopt normative legal acts conta

43、ining norms of labour law within the scope of their powers in keeping with the present Code, other federal laws and other normative legal acts of the Russian Federation, laws and other normative legal acts of subjects of the Russian Federation.Federal Law No. 90-FZ of June 30, 2006 amended Article 6

44、 of this Code. The amendments shall enter into force upon the expiry of ninety days after the official publication of said Federal LawSee the Article in the previous wordingArticle 6. Distribution of Authority Between the Federal Bodies of State Power and the Bodies of State Power of the Subjects of

45、 the Russian Federation in the Sphere of Labour Relations and Other Relations Directly Associated with ThemThe sphere of reference of the federal bodies of state power in the sphere of labour relations and other relations directly associated with them include adoption of federal laws and other norma

46、tive legal acts obligatory for application on the whole territory of the Russian Federation, specifying:the main areas of state policy in the sphere of labour relations and other relations directly associated with them;the fundamentals of legal regulation of labour relations and other relations dire

47、ctly associated with them (including the definition of rules, procedures, criteria and standards aimed at preserving the life and health of employees in the course of their labour activities);the level of labour rights, liberties and guarantees to employees (including additional guarantees to indivi

48、dual categories of employees) ensured by the state;procedure for concluding, changing and discontinuation of labour contracts;fundamentals of social partnerships, procedure for arranging collective negotiations, concluding and changing collective contracts and agreements;procedure for resolving of p

49、ersonnel and collective labour disputes;principles and procedure for implementation of state enforcement of and control over observation of the labour legislation and other normative legal acts containing norms of labour legislation, as well as the structure and authority of the federal bodies of st

50、ate power in charge of the mentioned enforcement and control;procedure for investigation of industrial accidents and occupational diseases;the system of, and procedure for, conducting an attestation of jobs by working conditions, a state expert examination of working conditions, a confirmation of th

51、e compliance of labour protection measures with the state labour protection standards;procedure and terms of material liability of the parties of a labour contract, including the compensation procedure for the damage to life and health of employee incurred because of his execution of labour duties;t

52、ypes of disciplinary sanctions and procedure for their application;system of state statistical reporting pertaining to labour and safety issues;particulars of legal regulation of the work of individual categories of employees.Bodies of state power of the subjects of the Russian Federation shall adop

53、t laws and other normative legal acts containing labour legislation norms on issues outside the sphere of cognizance of the federal bodies of state power, with a higher level of labour rights and guarantees to employees as compared to those established by federal laws and other normative legal acts

54、of the Russian Federation causing increased budget expenses or reduced budget incomes at the expense of the budget of the appropriate subject of the Russian Federation.Bodies of state power of the subjects of the Russian Federation, in issues omitted by federal laws and other normative legal acts of

55、 the Russian Federation, may adopt laws and other normative legal acts containing labour legislation norms. If a federal law or another normative legal act of the Russian Federation is adopted in this sphere, the law or other normative legal act of the subject of the Russian Federation is to be brou

56、ght into compliance with the federal law or other normative legal act of the Russian Federation.If a law or another normative legal act of the subject of the Russian Federation containing labour legislation norms contradicts the present Code or other federal laws or reduces the level of labour right

57、s and guarantees to employees specified in the present Code or other federal laws, the present Code or other federal law shall apply.Article 7. The Article is abrogated upon the expiry of ninety days after the official publication of Federal Law No. 90-FZ of June 30, 2006See the text of Article 7Fed

58、eral Law No. 90-FZ of June 30, 2006 reworded Article 8 of this Code. The new wording shall enter into force upon the expiry of ninety days after the official publication of said Federal LawSee the Article in the previous wordingArticle 8. Local Normative Acts Containing Labour Law NormsEmployers, ex

59、cept for employers being natural persons who are not individual entrepreneurs, shall adopt their local normative acts containing labour law norms (hereinafter referred to as local normative acts) within the scope of their powers in accordance with the labour legislation and other normative acts cont