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Alexander Chanyshev - Labor law of the countries of the Eurasian Economic Union. Tutorial

In the European countries of people's democracy, in which the dictatorship of the proletariat is currently being exercised, the most important measures have been taken to protect, improve and improve working conditions, to ensure the growth of real wages workers and employees, raising the living standards of the working people. Labor law in these countries is aimed at strengthening and developing the socialist organization of labor and socialist labor relations in the socialized sector of the national economy. Fulfilling this task and at the same time restricting the use of hired labor in privately owned enterprises by strict limits, the norms of labor law are aimed at limiting and ousting capitalist elements.

The fundamental provisions underlying the regulation of labor relations have been enshrined in the relevant state-legal and program acts (constitutions, national economic plans, current legislation, declarations and resolutions of party, trade union and public organizations). These provisions boil down to the following: a) labor is the main factor of socio-economic life and the subject of constant and comprehensive care of the state; b) work is a universal duty and a matter of honor; c) all citizens have the right to work, to a fair remuneration for the work performed, the right to rest, the right to material security in the service

Tea disability; d) complete and consistent equality of the labor rights of citizens, regardless of nationality, race, religious affiliation, the strict prohibition of any kind of discrimination on these and other grounds; e) full and consistent equality of women and youth in all areas of labor relations.

In the people's democracies, laws on the 8-hour working day have been implemented, with a reduction in it for adolescents, at work with harmful conditions work and at night, on weekly rest, on paid holidays for all workers and employees, on factory committees, on collective agreements, on equal pay for equal work, on the social insurance of workers. There are real guarantees for the implementation of these laws in practice.

Favorable conditions are being created for the successful use of female labor in national economy, to involve women in new industries, for them to fulfill qualified and responsible work. Along with this, it is prohibited to use the labor of women in industries and professions with harmful, dangerous or difficult working conditions, and in some industries - at night. A number of laws on labor protection for adolescents have been introduced.

The legislation of the people's democracies, like the Soviet legislation, pays special attention to ensuring firm guarantees for the protection of the interests of workers and employees in the field of work and life. The right of workers and employees to association, control over the implementation of laws and contractual working conditions through trade unions and labor inspections is ensured. Trade unions and factory committees are endowed with broad rights in the field of labor protection and safety supervision.

The experience of the most progressive Soviet labor legislation in the world is of paramount importance for the development of labor legislation in the people's democracies.

Labor law in these countries is socialist law, expressing the will of the working classes, organized and directed by the communist and workers' parties, who are building a socialist society led by the working class.

Working conditions in the countries of people's democracy are regulated both by direct state-legal regulation and by means of collective agreements. Collective agreements are concluded between free, democratic trade unions and relevant enterprises, organizations, farms. Broad masses of interested workers and employees are involved in active participation in their development and discussion. Under collective agreements, the parties undertake bilateral specific obligations to fulfill the production plan, increase labor productivity, improve the skills of workers, and improve their working and living conditions. Individual labor contracts are concluded on the basis of labor legislation and collective agreements.

In the people's democracies, extensive codification work is being carried out in the field of labor legislation. Bulgaria, Romania, Albania and Hungary have adopted labor codes.

One of the important places in the labor legislation of the countries of people's democracy is occupied by the planned distribution and redistribution of personnel, the satisfaction of the needs of the national economy by workers and specialists, the creation and expedient use of labor reserves.

The successful progress of work on the restoration and development of the national economy, the radical socialist transformation of the economies of the people's democracies, and above all the transfer of large and medium-sized industries, transport and banks into the ownership of the people, the organization of economic planning on this basis, have led to the complete elimination of unemployment in these countries. countries.

In all countries of people's democracy, measures are being taken to increase labor productivity and strengthen labor discipline: development of rules for internal work schedule in enterprises and institutions; application of measures of material and moral encouragement for well-working and penalties in relation to violators of labor discipline. Organized work to improve the skills of workers; organizational and technical measures are being introduced.

At the enterprises of the socialized sector of the national economy, a new, socialist labor discipline, a new, socialist attitude towards work is being strengthened. Work at these enterprises has become a matter of valor and honor for the workers. This was expressed in the socialist emulation developed under the leadership of the communist and workers' parties and trade unions. For the development of socialist emulation, the example of the heroic Soviet people and their many years of selfless socialist labor are of great importance. In the people's democracies, a system of material and moral incentives for workers who excel in competition is widely used (the creation of special funds for rewarding workers who have achieved success in competition, the establishment of insignia, orders and honorary titles).

The entry onto the path of planned socialist development of the economy has created real opportunities for the implementation of serious measures to state regulation wages. This regulation proceeds from the principle of payment according to the quantity and quality of work, the establishment of equal pay for equal work, the elimination of any elements of discrimination in wages on national, racial, sex and age grounds.

Wage policy in the people's democracies is aimed at ensuring the growth of labor productivity, the fulfillment of production plans and, on this basis, raising the standard of living of the working class.

In all sectors of the national economy wages have been increased, taking into account the real economic possibilities of the state and the need to eliminate abnormal correlations in the wages of workers in certain categories. Work is underway to regulate wages by sector and bring wages in individual sectors in line with their value in the national economy. Special allowances have been established for wage rates for jobs that require great physical exertion or are performed in difficult conditions. Simultaneously with the increase in wages, a policy of price regulation is carried out, aimed at ensuring a systematic increase in real wages. Raising the standard of living of the working people is also ensured by the system of social and cultural measures, housing construction, social insurance, public health and education carried out in the people's democracies.

Economic cooperation with the USSR and between the countries of people's democracy plays a huge role in improving the material and living conditions of the working people in the People's Democracies. All-round support and disinterested help of the mighty Soviet Union are one of the main factors ensuring the success of strengthening and developing the economy and raising the material well-being and cultural level of the working people of the People's Democracies.

Free democratic trade unions play a major role in the socio-political, economic and cultural life of people's democracies and in the legal regulation of labor. The role of trade unions in the transformation of the economic, political and public life, in the struggle for the economic and cultural revival and development of the countries of people's democracy, their rights in the field of protecting the interests of workers, as well as in the field of property relations, their participation in the legal regulation of labor are enshrined in the relevant state- legal acts. In all matters of internal life, the trade unions of the people's democracies are granted full autonomy.

Factory committees were widely developed. These committees are democratically elected. Financial base provided by enterprises. Legislation gives factory committees official powers to regulate relations between workers and the administration of enterprises, to protect the interests of workers, and also to participate in the economic management of enterprises. Factory committees have been granted broad rights to oversee labor protection.

In the field of state social insurance in the countries of people's democracy, laws have been passed providing for the full coverage of social insurance for all workers and employees and other categories of workers, ensuring in all cases of loss of earnings (temporary disability benefits, old-age pensions, disability pensions, death of a breadwinner), providing all workers with free medical care, ensuring the beginnings of self-government of workers in insurance bodies, increasing the responsibility of enterprises for preventive actions and safety, strengthening financial system social insurance. The most important achievement in the field of social insurance is the abolition of the payment of insurance premiums by workers and employees and the attribution of all social insurance costs to employers and the state. In all countries of people's democracy, health resorts, sanatoriums and rest houses have been transferred to the use of the working people.

Incomplete definition ↓

P. E. Morozov, A. S. Chanyshev

Labor law of the countries of the Eurasian Economic Union

Tutorial

Introduction

The processes of accelerating regional economic integration inevitably determine the need for mutual study of the legal regulation of relations in the sphere of labor in the countries of the Eurasian Economic Union (EAEU) - Russian Federation, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic.

This circumstance is explained by the fact that economic integration is impossible without legal integration, since the rules of law ensure the processes of effective functioning of united economies at the international level.

It seems that the legal integration in the EAEU countries in the field of labor law will consist in the unification of national legal systems of labor law on the basis of both identifying general and special in order to further design international acts that accumulate all national positive legal experience in this area.

In addition, this legal experience can be used to optimize national labor law systems.

It seems that in addition to the economic prerequisites that determine the need for the study and possible reception of legal innovations, great importance It also has the circumstance that the labor law of the EAEU countries is to a certain extent based on general scientific concepts and doctrines. This is due to historical reasons.

On November 18, 2011, the Declaration of November 18, 2011 “On Eurasian Economic Integration”1 was signed, which noted the need to ensure the effective functioning of the common market for goods, services, capital and labor resources, as well as further convergence and harmonization of national legislations.

On January 1, 2015, the “Treaty on the Eurasian Economic Union” entered into force, which states that the participating states express their conviction that the further development of Eurasian economic integration is in their national interests.

An important factor determining the need to study the labor law of the EAEU countries is the need to implement the concept of the EAEU Network University, as well as to develop methodological foundations for new training courses majoring in Eurasian Integration2.

It is planned that one of the important areas of study will be jurisprudence. Undoubtedly, in this regard, interest in labor law issues will also increase, since it is the leading branch of law in the EAEU countries.

General part of the labor law of the countries of the Eurasian Economic Union

§ 1. The concept, subject, method and system of labor law of the EAEU countries

The concept and subject of labor law

Labor law, which is the leading branch of law in the EAEU countries, can in principle be defined as a system of legal norms governing relations in the sphere of labor. It is characteristic that in the science of labor law in Russia, the Republic of Belarus, the Kyrgyz Republic, the Republic of Armenia, the concept of “labor”, with which the definition of labor law is linked, is purely theoretical. At the same time in Labor Code of the Republic of Kazakhstan dated November 23, 2015, the term “labor” has a legal meaning “... labor is a human activity aimed at creating material, spiritual and other values necessary for life and meeting the needs of a person and society”3.

This is undoubtedly a positive circumstance, since it avoids subjectivity in assessing the concept of “labor” and focuses attention on the area where regulation is carried out by outlining its limits.

In addition, the fixing of the legal definition of labor in the Labor Code of the Republic of Kazakhstan makes it possible to more clearly distinguish between labor and civil law.

Let us also note in this connection the influence of the Russian doctrine of labor law, in which an almost similar concept of labor was formulated.

Labor law as a branch of law has its own subject, which allows it to stand out in the system of national law.

What is common in the EAEU countries in defining the subject of labor law is that it is considered as a set of public relations in the sphere of labor subject to regulation.

There are two main models for determining the content of the subject matter of labor law:

1. Model of the Russian Federation (labor and other directly related relations).

2. Model of the Republic of Armenia, the Kyrgyz Republic, the Republic of Belarus, the Republic of Kazakhstan (a combination of the division of individual and collective labor relations with the division into labor and other directly related relations). The peculiarity of the classification of relations of the subject of labor law in these countries lies in the fact that the labor codes of these countries fix the simultaneous division of these individual and collective labor relations into labor and other directly related to them (in the legislation of the Republic of Belarus, the term “related” is used without the use of as an addition to the definition of "other directly"). This model of formulating the subject of labor law can also be classified into several types, since these countries have their own, specific understanding of what individual labor relations are. So, for example, according to the legislation of the Republic of Armenia and the Republic of Kazakhstan, service relations with a civil servant are included in individual labor relations, which, in fact, is not in other EAEU countries, where only a theoretical discussion about their legal nature is being conducted on this issue.

Let's consider this question in more detail.

The subject of labor law in Russia includes two groups of relations4: labor relations and relations directly related to labor, which include relations on: labor organization and labor management; employment with this employer; training and additional professional education of employees directly from this employer; social partnership, collective bargaining, conclusion of collective agreements and agreements; the participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law; liability employers and workers in the world of work; state control (supervision), trade union control over compliance with labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms; resolution of labor disputes; compulsory social insurance in cases stipulated by federal laws.

For the subject of labor law of the Republic of Armenia, the Kyrgyz Republic, the Republic of Belarus, the Republic of Kazakhstan, its simultaneous division into: collective and individual labor relations (first approach) and labor and other directly related relations (second approach) is characteristic.

The first approach is based on the principles of the Anglo-Saxon model of labor law (Labor Law - collective labor law; Employment Law - individual labor law), theoretical basis which differ from the "Soviet" doctrine of labor law with its obligatory division of the relations of the subject of labor law into labor and other relations directly related to them (the second approach).

However, it can be assumed that in the labor codes (hereinafter referred to as the Labor Code) of these countries, the concepts of Aleksandrov N. G. on a single labor legal relationship5, Skobelkin V. N.6 on the plurality of labor legal relations and Orlovsky Yu. P. on collective and individual labor relations were simultaneously implemented. relationships 7.

In view of these circumstances, some dualism arises, which is reflected in the articles of the labor codes of these countries: some of them have norms and chapters that indicate that labor relations are divided into collective and individual; at the same time, these same acts indicate that relations are divided into labor and other relations directly related to them.

Perhaps such a division of relations depending on different concepts does not give rise to contradictions between them.

It is possible that some of the others directly related to labor relations should be included in collective labor law, and some in individual labor law.

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Introduction

The processes of accelerating regional economic integration inevitably determine the need for mutual study of the legal regulation of relations in the sphere of labor in the countries of the Eurasian Economic Union (EAEU) - the Russian Federation, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic.

In addition, this legal experience can be used to optimize national labor law systems.

It seems that in addition to the economic prerequisites that determine the need for the study and possible reception of legal innovations, the fact that the labor law of the EAEU countries is to a certain extent based on common scientific concepts and doctrines is of great importance. This is due to historical reasons.

On November 18, 2011, the Declaration of November 18, 2011 “On Eurasian Economic Integration” 1 was signed, which noted the need to ensure the effective functioning of the common market for goods, services, capital and labor resources, as well as further convergence and harmonization of national legislations.

Chapter I
General part of the labor law of the countries of the Eurasian Economic Union

§ 1. The concept, subject, method and system of labor law of the EAEU countries

The concept and subject of labor law

Labor law, which is the leading branch of law in the EAEU countries, can in principle be defined as a system of legal norms governing relations in the sphere of labor. It is characteristic that in the science of labor law in Russia, the Republic of Belarus, the Kyrgyz Republic, the Republic of Armenia, the concept of “labor”, with which the definition of labor law is linked, is purely theoretical. At the same time, in the Labor Code of the Republic of Kazakhstan dated November 23, 2015, the term “labor” has a legal meaning “... labor is a human activity aimed at creating material, spiritual and other values necessary for life and meeting the needs of a person and society” 3 .

In addition, the fixing of the legal definition of labor in the Labor Code of the Republic of Kazakhstan makes it possible to more clearly distinguish between labor and civil law.

Let us also note in this connection the influence of the Russian doctrine of labor law, in which an almost similar concept of labor was formulated.

Labor law as a branch of law has its own subject, which allows it to stand out in the system of national law.

What is common in the EAEU countries in defining the subject of labor law is that it is considered as a set of social relations in the sphere of labor subject to regulation.

There are two main models for determining the content of the subject matter of labor law:

1. Model of the Russian Federation (labor and other directly related relations).

Let's consider this question in more detail.

The subject of labor law in Russia includes two groups of relations 4: labor relations and relations directly related to labor, which include relations on: labor organization and labor management; employment with this employer; training and additional professional education of employees directly from this employer; social partnership, collective bargaining, conclusion of collective agreements and agreements; the participation of employees and trade unions in the establishment of working conditions and the application of labor legislation in cases provided for by law; liability of employers and employees in the labor sphere; state control (supervision), trade union control over compliance with labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms; resolution of labor disputes; compulsory social insurance in cases stipulated by federal laws.

The first approach is based on the principles of the Anglo-Saxon model of labor law (Labor Law - collective labor law; Employment Law - individual labor law), the theoretical foundations of which differ from the "Soviet" doctrine of labor law with its obligatory division of relations of the subject of labor law into labor and other directly related relations with them (second approach).

However, it can be assumed that in the labor codes (hereinafter referred to as the LC) of these countries, the concepts of Aleksandrov N. G. on a single labor legal relationship 5 , Skobelkin V. N. 6 on the plurality of labor legal relations and Orlovsky Yu. P. on collective and individual labor relations 7 .

Perhaps such a division of relations depending on different concepts does not give rise to contradictions between them.

It is possible that some of the others directly related to labor relations should be included in collective labor law, and some in individual labor law.

Thus, in relation to the labor law of the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan and the Kyrgyz Republic, it can be said that it is divided into individual and collective labor law, each of which has its own subject of regulation, and in general they constitute labor law as a branch of law.

The model of dividing labor relations into collective and individual is not homogeneous for the labor law of the Republic of Armenia, the Kyrgyz Republic, the Republic of Belarus and the Republic of Kazakhstan.

This concept is most clearly enshrined in the Labor Code of the Republic of Armenia 8 , which contains sections such as “Collective labor relations” and “Individual labor relations”.

As for the Labor Code of the Republic of Belarus 9, there are two sections: “ General rules regulation of individual labor and related relations” and “General rules for the regulation of collective labor relations”.

In this case, it can be stated that the legislator of the Republic of Belarus tried to combine the Anglo-Saxon and "Soviet" doctrines of labor law.

In addition, in addition to these two sections, unlike the model of the Labor Code of the Republic of Armenia, the Labor Code of the Republic of Belarus also has three other sections (the Labor Code of the Republic of Armenia has 3 sections, and one of them is called “General Provisions”).

In the Labor Code of the Republic of Kazakhstan, Section 10, Section 3 is devoted to social partnership and collective relations in the field of work. From this we can conclude that social partnership and collective relations, although closely interrelated, are separated from each other.

It is noteworthy that the procedure for considering individual labor disputes under the Labor Code of the Republic of Kazakhstan is included in the section on collective labor relations.

In the Labor Code of the Kyrgyz Republic 11 there is no separate fixing of collective and individual labor relations, however, in Art. 21 there is a direct indication that the subjects of labor relations are divided into collective and individual.

If we proceed from the "Soviet" doctrine of labor law, then the second group of relations in the subject of labor law of the EAEU countries, along with labor (the first group), are relations related to labor.

They are characterized by an optional, auxiliary character, i.e. they may or may not exist.

These relations are enshrined in all labor codes of the EAEU countries.

The closest to the Russian definition of other directly related to labor relations is the definition contained in the Labor Code of the Kyrgyz Republic. The exception is relations on compulsory social insurance, which are in the Labor Code of the Russian Federation and which are not in the Labor Code of the Kyrgyz Republic.

The Labor Code of the Republic of Kazakhstan also establishes a number of relations directly related to labor relations, which are similar to Russian definition, with the exception of relations on liability and compulsory social insurance, which are not considered by the legislator of the Republic of Kazakhstan as relations directly related to labor.

In addition, Art. 8 of the Labor Code of the Republic of Kazakhstan states that it regulates relations: 1) labor; 2) directly related to labor; 3) social partnership; 4) on safety and labor protection.

From this follows the conclusion that the relations of social partnership and relations on safety and labor protection are not included in either labor or other relations.

The Labor Code of the Republic of Belarus contains its own understanding of labor relations, which, although basically consonant with the Russian doctrine, has a number of specific features (for example, the exclusion of liability relations and the consolidation of employment relations).

Let us consider in more detail the subject of the labor law of the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan and the Kyrgyz Republic.

In Art. 1 of the Labor Code of the Republic of Armenia, it is noted that it regulates collective and individual labor relations, establishes the grounds for the emergence, change and termination and the procedure for the implementation of these relations, the rights and obligations, responsibilities of the parties to labor relations, as well as the conditions for ensuring the safety and health of workers.

Consequently, the subject matter of the labor law of the Republic of Armenia includes collective and individual labor relations.

However, already in Art. 6 of the Labor Code of the Republic of Armenia states that, in accordance with labor legislation and other normative legal acts containing labor law norms, the regulation of labor relations and other directly related relations is carried out through collective and labor contracts concluded between employees and employers.

From this we can conclude that the subject of the labor law of the Republic of Armenia has labor relations and other relations directly related to them.

If we proceed from the Anglo-Saxon concept (on the basis of which the Labor Code of this country is built), then the subject of collective labor law includes the following types of relations: social partnership and settlement of collective labor disputes; all other relations are the subject of individual labor law.

However, here again a number of questions arise.

In addition, it turns out that the grounds for the emergence of labor relations exist separately from individual and collective labor relations.

At the same time, if you look at the structure of the Labor Code of the Republic of Armenia, you can see that safety and health relations, relations in the field of material and disciplinary liability are included in the section “Individual labor relations”. The same applies to the basis of the relationship.

Among other things, the section "Individual labor relations" includes chapters on the content employment contract and its termination, which can hardly be assessed as an individual employment relationship.

If we proceed from the Anglo-Saxon doctrine of labor law, then labor law in the Republic of Armenia can be divided into collective and individual.

However, the Labor Code of this country does not explicitly say anything about individual and collective labor law; the emphasis is on relationships – individual and collective.

From this we can conclude that individual labor relations are not only the actual relations between the employee and the employer for the implementation of the labor function, but also relations in the field (section 3 of the Labor Code of the Republic of Armenia): the content of the labor contract and the conclusion of the contract, types of labor contract, performance, termination of an employment contract, protection of personal data, working hours, rest time, wages, guarantees and compensations, labor discipline, liability, safety and health of employees, labor disputes.

In turn, collective labor relations in this country include: social partnership relations and relations for the settlement of collective labor disputes (section 2 of the Labor Code of the Republic of Armenia).

In the Kyrgyz Republic, the subject of labor law is defined in the same way as in the Republic of Armenia, in two ways:

– labor and other relations directly related to them 12 ;

– individual and collective labor relations 13 .

The specificity of the Labor Code of the Kyrgyz Republic is that the division of labor relations into individual and collective is not directly indicated.

However, in Art. 21 of the Labor Code of the Kyrgyz Republic "Types of subjects of labor relations" it is noted that the subjects of individual labor relations are:

- worker;

- employer.

The subjects of collective labor relations are:

– representative body of workers (trade union, united representative body, council of workers, etc.);

– association of employers;

– other entities in cases stipulated by laws.

However, if we divide relations into labor and directly related to them, then it is necessary to refer to Art. 1 of the Labor Code of the Kyrgyz Republic, which notes that relations directly related to labor relations include: labor organization and labor management; employment with this employer; By vocational training, retraining and advanced training of personnel directly from this employer; on social partnership between employers, employees and authorities government controlled, local government, conducting collective bargaining, concluding collective agreements and agreements; on the participation of representative bodies of employees and employers in the establishment of working conditions and the application of labor legislation in cases provided for by law; on the liability of employers and employees in the labor sphere; on supervision and control over compliance with labor legislation (including legislation on labor protection); for resolving labor disputes.

At the same time, as a specific feature, one can single out an exception from the concept of individual labor relations of all relations where subjects of law other than the employee and the employer are involved.

The subject of the labor law of the Republic of Belarus is generally similar to the subject of the labor law of Russia and the Kyrgyz Republic: "... labor and related relations" 14 . However, it also provides for the division of labor relations into individual and collective.

In Art. 4 of the Labor Code of the Republic of Belarus notes that it regulates labor relations based on an employment contract, as well as relations related to:

1) professional training of workers in production;

2) activities of trade unions and associations of employers;

3) conducting collective bargaining;

4) relationships between employees (their representatives) and employers;

5) providing employment;

6) control and supervision over compliance with labor legislation;

7) state social insurance;

8) consideration of labor disputes.

There is also a certain specificity here.

Actually, individual relations (unlike the Labor Code of the Republic of Armenia) under the Labor Code of the Republic of Belarus do not include relations to resolve individual labor disputes and vocational training of employees in production.

Consequently, the concept of individual labor relations in the Republic of Belarus is narrower than in the Republic of Armenia, but it is broader than the similar definition in the Kyrgyz Republic.

In the labor law of the Republic of Kazakhstan, it is allowed at the legislative level to divide the relations of the subject of labor law both into individual and collective labor relations, and into labor and other directly related to it.

In Art. 1 of the Labor Code of the Republic of Kazakhstan states that relations directly related to labor are relations that develop regarding the organization and management of labor, employment, vocational training, retraining and advanced training of employees, social partnership, conclusion of collective agreements and agreements, participation of employees (representatives of employees ) in establishing working conditions in the cases provided for by the Labor Code, resolving labor disputes and monitoring compliance with the labor legislation of the Republic of Kazakhstan.

However, if we turn to the structure of the Labor Code of the Republic of Kazakhstan, we will see that the relations of professional training, retraining and advanced training of workers are included in labor relations (individual) 15, which clearly contradicts Art. 1 of the Labor Code, where they are considered as labor-related.

In addition, relations to resolve individual labor disputes are included in section 3 " Social partnership and collective relations in the sphere of labor”, and therefore, are collective.

In the labor law of all EAEU countries, the main relation of the subject of labor law is the labor relation.

It should be noted that in the EAEU states, with the exception of Russia, the labor relation is understood as an individual labor relation.

The legal definition of labor relations is in the labor codes of the Russian Federation, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Armenia. This definition is absent in the labor legislation of the Republic of Belarus. However, in principle it can be deduced from the content of Art. 4 of the Labor Code and define labor relations as relations based on an employment contract.

In general, the closest to the Russian definition of labor relations is the definition of these relations in the labor legislation of the Kyrgyz Republic and the Republic of Armenia. The exception is that in the definition of labor relations in the Kyrgyz Republic there is no mention of local regulations, and in the legislation of the Republic of Armenia labor relations (individual) are not directly linked to the agreement, as in the Russian Federation, since there are no social partnerships in the Republic of Armenia. agreements.

In addition, in the definition of labor relations in the Republic of Armenia, we are talking about labor functions, and not about the only labor function.

As for the legal definition of labor relations in the Labor Code of the Republic of Kazakhstan, it is given through the labor rights and obligations of the employee, which can be assessed as specific.

In view of this circumstance, it is advisable to single out two models for formulating labor relations - the Republic of Kazakhstan; other EAEU countries.

We also note that feature Labor Code of the Republic of Kazakhstan that it contains the rules governing the civil service.

Thus, according to the Labor Code of the Republic of Kazakhstan 16, the civil service is the professional activity of civil servants in the exercise of their official powers, aimed at the implementation of the tasks and functions of state-owned enterprises, state institutions, the implementation Maintenance and ensuring the functioning of state bodies.

In turn, a civil servant is a person who, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, holds a paid full-time position in state-owned enterprises, public institutions and exercising official powers in order to implement their tasks and functions, carry out maintenance and ensure the functioning of state bodies.

Labor legislation also applies to the work of civil servants in the Republic of Armenia.

Consequently, the actual service relations of civil servants are a kind of labor relations.

This is most noticeable in the Labor Code of the Republic of Armenia, where the term “labor (service) relations” is used.

We also note that in the definition of labor relations under the Labor Code of the Russian Federation and the Republic of Kazakhstan there is an indication of local acts (acts of the employer), but this is not the case in the Labor Code of other EAEU countries.

Let us consider in more detail the legal definition of labor relations, enshrined in the labor legislation of the EAEU countries.

Thus, in the Labor Code of the Russian Federation, labor relations are defined as relations based on an agreement between an employee and an employer on the personal performance by an employee of a labor function for payment (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work entrusted to the employee), subordination of the employee to the internal labor regulations while providing the employer with working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract (Article 15 of the Labor Code of the Russian Federation ).

The Labor Code of the Kyrgyz Republic provides the following definition of labor relations: “Labor relations are relations between an employee and an employer on the personal performance by an employee for payment of a labor function (work in a certain specialty, qualification or position) with subordination to the internal labor schedule, provided that the employer ensures the working conditions provided for labor legislation, collective agreement, agreements, labor contract” (Article 13).

The Labor Code of the Republic of Armenia states that “labor relations are relations based on a mutual agreement between an employee and an employer, according to which the employee personally performs labor functions (work in a certain specialty, qualification or position) for a certain fee, subject to internal regulations, and the employer ensures the working conditions provided for by labor legislation, other regulatory legal acts containing labor law norms, collective and labor contracts” (Article 13).

Legislators of the Republic of Kazakhstan profess a different approach to the definition of labor relations: “labor relations are relations between an employee and an employer arising from the exercise of rights and obligations stipulated by the labor legislation of the Republic of Kazakhstan, agreements, labor, collective agreements and acts of the employer” 17 .

It should be noted that a common feature inherent in the labor legislation of the EAEU countries is the consolidation of the grounds for the emergence of labor relations. They are divided into two types: the employment contract and the actual assumption.

In addition, a complex legal structure for the emergence of an employment relationship is also provided for.

The Labor Code of the Russian Federation states that labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the Labor Code. It should be emphasized that in the Russian Federation, in the cases and in the manner established by labor legislation and other regulatory legal acts containing labor law norms, or the charter (regulations) of the organization, labor relations arise on the basis of an employment contract as a result of: election to a position; election by competition to fill the relevant position; appointment to a position or approval in a position; assignments to work by authorized bodies in accordance with federal law on account of the established quota; a court decision on the conclusion of an employment contract; recognition of relations related to the use of personal labor and arising on the basis of a civil law contract of labor relations.

In addition, labor relations between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative in the case when the employment contract was not properly executed.

The actual admission of an employee to work without the knowledge or instruction of the employer or his authorized representative is prohibited (Article 16 of the Labor Code of the Russian Federation).

The Labor Code of the Republic of Kazakhstan more clearly defines the complex legal composition of the emergence of labor relations in terms of the requirements of legal technique.

Thus, according to the legislation of the Republic of Kazakhstan, labor relations arise between an employee and an employer on the basis of an employment contract concluded in accordance with the Labor Code, with the exception of cases established by the laws of the Republic of Kazakhstan.

We emphasize that in cases and in the manner established by the laws of the Republic of Kazakhstan, constituent documents, acts of the employer, the conclusion of an employment contract may be preceded by the following procedures:

– 1) election (elections) to a position;

– 2) election by competition to fill the relevant position;

– 3) appointment to a position or confirmation in a position;

– 4) assignment to work by the bodies authorized by the laws of the Republic of Kazakhstan on account of the established quota;

- 5) issuance of a court decision on the conclusion of an employment contract (Article 21 of the Labor Code of the Republic of Kazakhstan).

We also note the rule on the representatives of employees, which is located in the chapter on the grounds for labor relations.

It seems that this is precisely the influence of the concept of dividing labor relations into collective and individual.

Thus, the interests of employees within the powers delegated to them are represented by the bodies of trade unions in accordance with the Law of the Republic of Kazakhstan "On trade unions" 18, and in their absence - by elected representatives.

We emphasize that employees who are not members of a trade union, who did not take part in the election of elected representatives of employees, have the right to delegate the right to represent their interests to trade union bodies, elected representatives of employees. On the basis of a written application of an employee, trade union bodies, elected representatives of employees provide representation of his interests.

It is essential that the elected representatives of employees have the right to:

– 1) represent and protect the labor rights and interests of employees;

– 2) conduct collective negotiations with the employer on the development of projects and the conclusion of collective agreements;

– 3) in accordance with collective agreements, visit workplaces to study and take measures to ensure normal conditions labor;

– 4) participate in the settlement of labor disputes between the employee and the employer in the manner prescribed by the Labor Code.

The Labor Code of the Republic of Armenia states that labor relations arise between an employee and an employer on the basis of an employment contract concluded in accordance with the procedure established by labor legislation and other normative legal acts containing labor law norms.

Consequently, this normative act also does not consider the factual assumption as the basis for the emergence of an employment relationship.

In the Labor Code of the Republic of Belarus, unlike the Labor Code of other EAEU countries, there is no separate chapter devoted to the concept of labor relations and the basis for their occurrence. There, everything is linked to the employment contract, its conclusion, amendment and termination.

INSTITUTE OF LAW AND ENTREPRENEURSHIP

DEPARTMENT OF CIVIL LEGAL DISCIPLINES

Course work

in the discipline "Labor Law"

on the topic: "Employment contract in foreign countries Oh"

Saint Petersburg

Introduction

The emergence and development of the contract of employment

general characteristics and sources of legal regulation of the employment contract

Conclusion

Bibliographic list

Introduction

An employment contract is a core institution of labor law in foreign countries. It fixes the contractual nature of the establishment of labor relations and regulates them as employment relations that arise between employees and employers.

Employment contract - legal form, which provides the employer with the greatest freedom in selecting the workers he needs, taking into account his personal needs. It reflects the freedom of labor and the contractual principle of regulating labor relations, which give the right to the employee and the employer to voluntarily choose each other, taking as a basis their private interests in the labor market.

The employment contract must guarantee the balance of interests of the parties - the employee must be sure that his labor will not be used illegally, the employer, hiring the employee, has an interest in the proper performance of the duties assigned to him. Based on this, the role of the employment contract increases as a key act on the basis of which labor relations appear. A properly drafted employment contract helps both the employee and the employer to get rid of many problems. This is the relevance of the problem considered in this course work.

The rapid development of labor law, its reform, taking into account the changes that have taken place in the modern period of our country, make it extremely relevant and practically necessary to exhaustively study and use foreign experience. Therefore, the scientific development of my topic term paper on high level. The issue of an employment contract in foreign countries was studied in the works of: Frenkel E.B., Mironova V.I., Yakimova I., Tomashevsky K.L., Khudiyeva L., Kiseleva I.Ya., Arkhipova V.V., Dogadova V. .M., Gintsburg L.Ya., Zhalinsky A.E.

The purpose of the course work is to analyze the origin, development trends and state of the art employment contract in foreign countries, studying it distinguishing features, features.

To achieve this goal, I set myself the following tasks:

) analyze the results of various studies, legislative acts on this issue;

) review the history of the employment contract;

) give a general description of the labor contract of foreign countries, note the sources of its legal regulation;

) examine the content of the employment contract;

) summarize and draw certain conclusions on the issues raised.

The structure of the work includes three parts. In the first part, we examine the emergence and development of the employment contract. The second part is devoted to a general description of the employment contract as a central institution of foreign labor law, as well as to the consideration of the sources of its legal regulation. In the third part, we will reveal the content of the employment contract.

The emergence and development of the contract of employment

The employment contract has big story. We can talk about the use of hired labor starting from ancient society, and in Rome it acquired a classical legal form as a subject of private law (contractual) regulation.

Properly, Roman civil (private) law gave world civilization and legal science such core legal structures as obligations and contracts.

In Rome, during the era of the republic, private law developed in the form of two systems, jus civile and jus gentium. National Roman law applied only to Roman citizens, while jus gentium (law of peoples) protected the property interests of the entire Roman population. Under Justinian (6th century AD), jus civile and jus gentium were single system law, which was dominated by jus gentium as more developed.

In the old civil law, there were only obligations arising from torts. Later Roman law referred to the basis of obligations and contracts. One of the grounds was a contract of employment, locatio conductio operarum. In accordance with it, one party (hired, locator) assumed the obligation to perform certain services in favor of the other party (employer, conductor), and the employer assumed the obligation to pay an agreed remuneration for these services. But legal contract presupposes an agreement between legal entities. In Rome, starting from the IV - III centuries. BC e. the slave was a thing. As a result, the contract of employment in Roman law - locatio conductio - combined the hiring of people and the hiring of things, without separating them into separate types of contracts. In both cases, the same conditions were applied: thing (or labor), payment, term and agreement of the parties.

The Romans created the doctrine of contracts. They systematized contracts, choosing as a classification criterion the way the obligation arises. There were four types of contracts: verbal, literal, real and consensual. Roman jurists insisted on the absence special requirements to the form of expressing the consent of the parties. The agreement of wills, necessary in any multilateral transaction, was one of the important conditions of the contract as a source of obligation, regardless of its form.

The Romans referred to consensual contracts two types of contract of employment: locatio conductio operarum, according to which the labor of one person was transferred to another person for remuneration, and locatio conductio operis, which differed from the first in that it was not labor at all that was transferred to another person, but the amount of labor that was needed. to undertake any undertaking. The first contract can be defined as a contract of employment, the second - a contract.

Detailed regulation in Roman law received locatio conductio operarum. The main feature of the subject of the agreement was the performance of certain services at the direction of the hirer. It also established the obligation of the hired person to perform the services provided for in the contract personally, without replacing himself with another person. Thus, the Romans already identified two central features of a contract of employment - the lack of independence of the worker and the personal performance of the work.

Roman scientists considered the contract as a specific means of non-normative regulation based on the permissions of the law. They gave a definition of the concept of the contract, dismantled its structure, determined the content. The system of contracts they created regulated all private law agreements. The conductio operarum was defined as a contract of a reciprocal (synallagmatic) nature. It acquired bilateral action from the moment an agreement was reached. This agreement was given legal force by an indication not only of the subject of hiring, but also of the established rent. Significant and accidental elements were singled out in the contracts, which together constituted its structure. The essential elements included the agreement of the parties, the object of the contract and the basis. Random were the deadline, the specific point of performance of the work, the method of execution, etc. The subject of the contract had some features: it was not allowed to conclude an agreement on actions that caused moral condemnation.

In Roman law, the grounds for the invalidity of contracts were also distinguished. It was declared invalid if the original agreement was covered by another, camouflaged agreement, or if the agreement was concluded under the influence of threat, delusion or deceit.

It should be noted that the subordination of the worker to the employer was a common occurrence in Rome, which was not regulated by the rule of law. Relations between the employer and the hired state were not affected, and as a result, the power of the owner over the hired was absolute.

At first, the object of hiring was the labor of slaves and freedmen. Over time, the contract of hiring services began to penetrate almost any type of labor activity. The clash of interests, due to the need of the employer to secure the necessary contingent of workers and the desire of the employee to maintain the freedom to dispose of his work, became an incentive for the development of special legislation on the hiring of labor.

Employment acquires signs of a certain contractual type from about the 13th century. During this period, the act of commendation was common - a way to conclude a contract of employment, which consisted in the fact that the person who was hired put his hands into the hands of the employer, who handed him some real or symbolic thing. This action meant the transfer of the obligation to protect the hired worker to the employer. The act of commendation established the employer's unlimited power not only over the results of labor, but also over the personality of the hired worker.

Based on Roman law, which combined contracts for the hiring of things and for the hiring of labor into a single contract locatio conductio, many civilists of the 19th and early 20th centuries, characterizing the contract, relied not on its subject, but on the essence of the contract itself. The concept of hiring was given paramount importance. Many scholars have considered hiring labor by analogy with hiring things. Among them were Marcel Planiol, Paul Louis, Heinrich Dernburg, Paul Bureau. One of the first authors who spoke out against the theory of identification of labor power with a commodity alienated by the worker for money was L.S. Tal.

The French Civil Code of 1804 distinguished between the hiring of things and the hiring of work. The hiring of work was divided into subspecies: personal hiring, hiring servants and workers, as well as in a row.

At the end of XIX - beginning of XX centuries. legislators in individual countries have proposed definitions of the labor contract. The Belgian work contract law of March 10, 1900 formulated such a definition of it - a contract under which the worker undertakes to work under the direction of the employer for remuneration. It was envisaged that the contract be concluded in verbal or written form; he determined the amount of remuneration, working conditions. The obligations of the employer were also regulated in detail.

The civil codes issued during this period in European countries define a labor contract as a contract by virtue of which one party undertakes to perform the promised work for the other party for a certain time, and the other party undertakes to pay a fixed remuneration for this. The French Civil Code defined a contract of employment as a contract by which one party undertakes to do something for the other party for a fee determined by their agreement. The contract was considered valid in the presence of four positions: the consent of the obliging party, the legal capacity to conclude the contract, the specific subject of the contract and the basis for the obligation permitted by law. The code indicated that contracts freely concluded had the force of law for those who concluded them, and one could enter the service either only for a while or to perform specific work. The French and Belgian legislation governing labor contracts made two conditions mandatory: the promise of work and the promise of remuneration. The German Civil Code of 1896 considered a service contract as a contract under which the person promising services undertakes to provide the agreed services, and the other party to pay the agreed remuneration.

In 1848, the French Constitution is adopted. The right to work under this Constitution shall be protected along with the right to property. From the established definition of the right to work, which is contained in the Constitution, one can single out such legally significant circumstances as the provision of work for everyone, the guaranteed receipt of wages by each worker, and the correspondence of wages to the needs of each family. The right to work is recognized only if all of the above signs are present.

The actual labor relations that had formed by that time needed not only legislative regulation, but also theoretical understanding. In the second half of the 19th century, progressive legal scholars different countries recognized the emergence of a new type of contracts - employment contracts, and a new type of legal relationship - labor relations. These were F. Lotmar and W. Endeman in Germany, Kapitan and Peak in France, Tal in Russia.

In 1896, Endeman published a monograph in Vienna, in which he proposed to remove labor hiring from the general mass of paid transactions. In 1902, the German scientist Philip Lotmar substantiated this proposal with evidence. The key positions identified by F. Lotmar were as follows: among a large number of contracts known to civil circulation, contractual agreements should be separated into a special group, by virtue of which one person undertakes to perform some work for the benefit of another person for a certain remuneration. V.M. Dogadov pointed out that in this way F. Lotmar created a generic concept - labor contracts. The feature that unites these contractual agreements into a single generic concept, according to Lotmar, was that their object is human labor, some kind of work.

Considering the object of labor contracts, Lotmar pointed out that a person's labor is inseparable from his personality. If an employee has undertaken to perform any work for remuneration for someone else's economy, then there is a danger of embarrassment and oppression of his personality by the counterparty. Hence, the most essential task of the rule of law is to protect the personality of the worker from this constraint. The French lawyer Captain, who saw a significant difference between a property and personal lease agreement, thought in the same direction. In his opinion, the contract of personal employment has as its object the personality of the employee, subject to special protection by law and order.

Thus, prominent civil scientists from different European countries almost simultaneously (V. Endeman in 1896, F. Lotmar in 1902-1908, Kapitan in 1912, L.S. Tal in 1913) came to a single the conclusion about the need to allocate labor contracts into an independent generic category.

Meanwhile, the labor contract evolved by the first half of the 20th century. into the current concept of an employment contract. This happened due to the development of the economy, change, based on the newly emerging industrial relations, concepts of labor law, as a result of a long way of its development. The labor contract began to include the essential conditions inherent in labor relations of the period of the late XX - early XXI V. Scientific and technical progress gave rise to new socio-economic relations characteristic of the capitalist form of management, where there is a self-regulating mechanism for the movement of labor resources in the labor market. Thanks to this, changes have occurred in the historical process of the development of civil society.

In the legislations of different countries, norms appear that protect the wage worker from his unlimited exploitation by the entrepreneur, primarily in the industrial sector. Socially oriented legal protection of hired labor is introduced into labor relations. It was based on the legal principles that characterize the concept of an employment contract. The first countries that began to protect the interests industrial personnel, became England and the USA.

In 1919, the Convention was adopted international organization Labor (ILO) No. 1 "On the limitation of working hours for industrial enterprises up to eight hours a day and forty-eight hours a week.

In the second half of the twentieth century. The ILO introduces into international circulation the generalizing flexible term "contracts of employment", which in translation can be interpreted as "contracts on employment (service, work)", which in Russian is equivalent to the phrase "employment contracts". This was done in order to overcome terminological problems associated with different interpretations of similar terms in the continental and Anglo-Saxon legal families.

In 1926, the main institutional components of the labor contract were defined in detail. These norms have become the fundamental rules of relations with workers for both state authorities and entrepreneurs. Over time, ILO conventions have reflected different institutions of labor law and social security which are inseparably included in the legal field regulated by the employment contract. This allowed legislators in many countries to unify and stabilize the regulation key aspects labor relations.

Fundamental international legal principles and terms are set out in ILO Convention No. 64 “On the regulation of written labor contracts for indigenous workers” of 1939. These provisions were supplemented and clarified by the norms set out in the ILO Convention No. 86 "On the maximum duration of employment contracts" of 1947. A more precise content was acquired by the term "labor contract", which began to mean the following: a contract by which a worker enters the service of an employer to work for remuneration in cash or in any other form.

In the world community by the mid-80s. 20th century the scope and boundaries of the use of rights, performance of duties and measures of responsibility of the subjects of the employment contract and persons involved in them were precisely defined and regulated. The ILO member countries, guided by the principles of maximum fairness for all parties to the contract, have established clear guarantees in the conventions to protect the interests of workers and employers.

General characteristics and sources of legal regulation of an employment contract

In Western countries, an employment contract is a private law contract, a kind of civil law contract for the hiring of services. It is subject to the principles and constructions of civil, obligations and contract law. According to its characteristics, it is bilateral, consensual, reimbursable, fiduciary.

For example, the German theory of labor law classifies an employment contract as a private law transaction, which creates the possibility of applying to it the norms inherent in civil law. An employment contract is a type of contract personal services, however, at the same time, the first one differs from the last contract in that the employee is personally dependent on the employer.

A similar situation exists in Austria and France. The Austrian General Civil Code of 1811 and the French Civil Code of 1804, as well as the French Labor Code, define an employment contract as a contract for the employment of services and prescribe that the general principles of labor law apply to it.

It is also worth noting that since the middle of the 20th century in the UK, a system of case law has been emerging that contains criteria for distinguishing between an individual labor relationship and close civil law relations related to labor.

The subjects of an employment contract are the employee and the employer. The legal position of the employer in the employment contract is governed by the norms of civil and commercial law. He acquires the worker's labor as a commodity on a reimbursable basis. In turn, the status of the worker as individual person, having labor and legal capacity, is regulated mainly by the norms of labor law. In the relationship between the subjects of an employment contract, a significant place is occupied by the principles of civil and contract law, within which the parties must show integrity to each other. The duties of the worker are chiefly those of devotion, co-operation, diligence, and fidelity. Also recognized as the most significant are: regular notification of the employer about the problems associated with labor activity, showing respect for him and the real provision of labor to the employer and personal work for him.

French specialists such as F. Collin, R. Dokua, P.-G. Gutierre, A. Jammeau, J. Lyon-Kahn, A. Rudil, see the basis of the employment contract in the dual unity of the "contractual" and "institutional" doctrines. The contract doctrine is based on the right of ownership, labor and freedom of an individual labor contract, the subjects of which - the employer and the employee - have equal rights and obligations. The institutional doctrine is based on the provision of a certain organized team in an enterprise where there is a desire for a common interest, the common good of all its employees.

It is difficult to find a general criterion for distinguishing labor relations from civil law relations related to labor. But it should be noted that with a greater civil law orientation of legal relations between an employee and an employer, civil law principles are applied, if the labor law orientation dominates to a greater extent, then in this case the principles of labor law are used.

In Western European countries, employment contracts can be concluded orally and in writing. Mandatory written form is established only for certain types employment contracts (fixed-term employment contracts, homeworker contracts, etc.) and for certain terms of employment (eg non-compete pact).

The minimum age for concluding an employment contract in foreign countries varies from 14 to 16 years. In Cameroon, the Dominican Republic, Ecuador, Guatemala, Nepal, the Republic of Peru, it is necessary to reach 14 years to conclude an agreement. From the age of 15 you can get a job in Germany, Italy, the Czech Republic, Austria, Finland, Sweden, Japan. Upon reaching the age of 16, you can draw up an employment agreement in the UK, France, Spain, Portugal, Hungary, Brazil, China. Thus, in countries with underdeveloped economies and education systems, the minimum age for concluding an employment contract is lower than in developed countries.

The conclusion of employment contracts in Western European countries usually takes place for an indefinite period. The use of fixed-term employment contracts is usually limited by law (Italy, Luxembourg, France). In Italy, in 1962, the Law “On the Regulation of Employment Contracts for a Fixed Period” was adopted, which allows the use of fixed-term employment contracts only in exceptional cases: with the seasonal nature of the work, to replace temporarily absent workers, for creative workers, etc.

The constitutions of Western countries contain the basics of labor law. They establish norms prohibiting forced labor and servitude, and guarantee freedom of labor (Article 12 of the Basic Law of the Federal Republic of Germany of 1949, Article 35 of the Constitution of the Italian Republic of 1947). The conclusion, amendment and termination of an employment contract is regulated by the norms contained in laws, by-laws, collective agreements, as well as other sources of labor law of foreign states.

codified labor law not typical for most Western European countries. General provisions on the contract of personal (labor) employment are contained in civil codes (codes). Separate laws were adopted on various issues of regulation of the employment contract.

In Austria, an employment contract is regulated by the Civil Code of 1811. Separate laws were also adopted “On restrictions on recruitment and employment” (1969), “On the equality of men and women in working life” (1979), “On the transparency of occupying positions in state-owned enterprises spheres" (1998).

In the UK, the law governing employment contracts is quite extensive. The principal statute in this area is the Employment Contracts Act of 1972. In addition, the Pay Committees Act of 1959, the Terms and Conditions of Employment Act of 1959, and the Redundancy Compensation Act of 1959 apply. 1965, Occupational Health and Safety Act 1974, Trade Union and Labor Relations Act 1974, Employment Protection Acts 1975, 1978, 1989 etc. A large role is traditionally assigned to the precedent.

In Germany, issues related to the conclusion of an employment contract, the determination of its content, as well as the termination of an employment contract, are regulated both by the norms of civil law (Chapter VI "Labor Contract" of the German Civil Code of 1896) and by the norms of labor legislation that establish special regulation individual questions. An important role is played by the Federal Labor Court, whose decisions on significant issues of labor relations have normative force. When interpreting the current legislation, he extends the effect of the relevant norms of civil and labor legislation to the sphere of labor relations. The main normative acts of labor legislation governing the issues of an employment contract are: Law on protection against dismissals of August 10, 1951; Law on the minimum duration of vacation granted to employees of January 8, 1963; Law on the payment of wages in holidays dated August 2, 1951; Law on the continuation of payment of earnings in case of illness of July 27, 1969; Employment Promotion Act of June 25, 1969; Law on the status of an enterprise of January 15, 1972, as amended on December 23, 1988; Law on the participation of employees in the management of an enterprise of May 4, 1976; Regulations on working hours of July 27, 1934, as amended on April 30, 1938; Law on the protection of working youth of April 12, 1976; Law for the Protection of Working Mothers of January 24, 1952, as amended on April 18, 1968; Vocational Training Act of August 14, 1969; Law on the Establishment of Uniform Deadlines for Dismissal Warnings for Workers and Employees of October 7, 1993

Italian labor law contains numerous provisions relating to the contractual regulation of labor relations. The main source is the Italian Civil Code of 1942. Title II of the fifth book “On Labor in Enterprises” is devoted to labor relations. The main provisions of the private hire contract are contained in Royal Decree-Law No. 1825 of November 13, 1924 on the private hire contract. Some provisions on the status of an employee are contained in Law No. 264 of April 29, 1949 "Regulations on Employment and Assistance to the Temporarily Unemployed" (in particular, on the content of an employment contract and the procedure for concluding it), as well as in Law No. 300 of May 20, 1970 containing rules on the protection of the freedom and dignity of workers and rules on employment. Provisions for a probationary period are contained in Law No. 25 of January 19, 1955 on the legal regulation of apprenticeship relations. The procedure for resolving disputes arising from an employment contract is established by Art. 429 of the Code of Civil Procedure as amended by Law no. 533 of August 11, 1973. The Laws on the procedure for individual dismissals of 1966 and the Statute of Workers of 1970 also apply.

US labor law consists of federal law and the laws of individual states. Federal legislation consists of laws on various issues of labor relations: the Civil Service Act (Pendleton Act) 1883; Civil Rights Act of 1964; The Elderly and Aged Workers Prohibition of Discrimination in Employment Act 1967; Minimum Wage Law; Fair Labor Standards Act 1947; Haig's Employee Political Activities Act of 1939; Federal Employees' Pay Act of 1940; Job Classification Law federal service 1949; The law on the reform of the civil service of 1978, etc. All the laws adopted by the federal authorities and their subsequent changes and additions are collected in Ch. 29 USC. Each state has its own labor laws, which often include federal laws. Laws adopted at the state level regulate in detail the labor relations of employees of state and municipal enterprises, state and municipal employees, workers in the sphere of life support of cities (municipal services, firefighters, services for cleaning buildings and streets, garbage collection, transport, road services, etc.).

The main provisions on the employment contract (in terms of its content and basis for interpretation) are included in Swiss law in title X of the Swiss Law of Obligations Law of 1911. In addition to these norms, unified in 1971, the Swiss “private labor law” (as the legal literature one of constituent parts labor law) brings together a variety of regulations devoted either to certain aspects of labor relations ( the federal law on the duration of vacations in 1983), or the implementation of labor activity in certain areas and certain categories of workers (the Federal Law on Labor in Factories of 1914, the Federal Law on Labor in Industry, Handicraft and Trade of 1964, the Regulations on Civil Servants of 1959, etc.). A significant influence on the regulation of an employment contract is provided by the norms of public law that regulate working conditions and the protection of the personality of an employee, as well as the provisions of collective labor agreements. General rules on the inadmissibility of discrimination (and in particular gender discrimination in relation to wage fixing) are contained in the Constitution of the Swiss Confederation.

It is impossible to talk about a single labor contract for Europe and America. In each individual country, the solution of problems related to the preparation, conclusion and execution of an employment contract has its own national legal peculiarity.

According to foreign scientists, the basis of labor relations in Western countries is not a law, but an employment contract. Legislation is only a small part of the labor law of industrialized countries. This position is due to the fact that the legislation cannot provide for all the problems that arise in practice, and the exact content of the adopted norms can only be determined by an employment contract (collective agreement) or courts. Practical contractual regulation allows you to quickly solve emerging problems.

In foreign countries, the fight against unemployment is being actively pursued. One of the forms of such a struggle is protection against layoffs, enshrined in legislation and specified in the employment contract. According to the Statistical Office of the European Union in 16 countries of the eurozone as of July 2010, 10 percent of the economically active inhabitants, or 15.8 million people, were left without work, and in all 27 countries of the European Union - 9.6 percent, or 23 million people. Prosperous countries in this matter are Austria and the Netherlands, where unemployment was 3.8 percent and 4.4 percent, respectively. The highest unemployment is in Latvia (20.1 percent) and Spain (20.3 percent).

Foreign labor law follows the path of regulating the work of an employee and protecting his interests in cooperation with the employer at the level of a particular enterprise, where direct agreements and agreements are of paramount importance. An important role is played by equality, when organizations do not care who exactly makes a profit, which equalizes different categories of workers. Now the labor law of foreign countries is a key policy instrument in the labor market and its development is directly reflected in the position of the employment contract that regulates labor relations.

employment contract germany employer

In the UK, such issues as the involvement of children and women in certain jobs are legally regulated; prohibition in hiring discrimination of workers on the basis of race or gender, duration and working conditions in certain jobs, and many others. The form and terms of the employment contract, the place and method of payment of wages, the minimum wage and the procedure for making deductions from it, and so on are also regulated by law. The employee himself is increasingly considered by today's English labor law as a person who has a right to his work, which is akin to the right of ownership.

It should be noted that the duration of annual paid leave in Western countries varies from 10 to 35 days, depending on the length of service and categories of workers. The United Kingdom and the United States differ in that they do not have leave regulations.

English judicial practice developed a number of rights and obligations of the employer and employee.

It is the duty of the employee to conscientiously comply with the lawful instructions of the employer. He is accountable to the employer for all income received in the course of fulfilling his official duties. The employee is obliged to take care of the property entrusted to him in connection with the performance of his official duties. The contract may also provide for the obligation of the employee to inform the employer about the unseemly behavior of his colleagues at work.

The employee is obliged to comply with the established working hours. In the process of work, he must demonstrate proper professional training and qualifications. During work, the employee is obliged to take due care of his own health, as well as the health of his colleagues, and to cooperate with the employer in the implementation of measures aimed at protecting the health of employees and maintaining safe working conditions.

The employee is obliged not to disclose confidential information obtained in the course of his labor activity, unless the disclosure of such information to third parties is justified by the public interest. It is also a violation of the duty of conscientiousness on the part of the employee to encourage the employer's clients to become clients of the employee himself after the termination of his labor activity with this employer.

The main obligation of the employer is to pay the employee remuneration stipulated by the contract. The payment of additional remuneration is considered as a change in the terms of the employment contract and is usually drawn up in a separate agreement.

Issues of payment for the period of temporary disability of the employee are also resolved in the employment contract. Only in very rare cases, the temporary disability of an employee is the basis for terminating the contract with him. If the contract does not contain provisions relating to the remuneration of the employee during the period of temporary disability, then the employer must pay him remuneration until the contract is amended to regulate such situations.

The Occupational Health and Safety Act of 1974, as well as the common law, make every employer responsible for the safety of its workers in the course of their work. By common law an implied condition of the employment contract is the condition that the employee assumes a certain risk, necessarily inherent this species activities. If, while complying with the obligations of the employer regarding labor protection, the employee has suffered damage caused by the dangerous nature of this work, the employee is not entitled to demand payment of appropriate compensation.

It is also the responsibility of the employer to select suitable and sufficiently qualified colleagues with whom the employee is to work. The employer is obliged to provide the employee with equipment and devices necessary for work and maintain them in good condition; use safe working methods; carry out the necessary control over compliance with labor safety rules; ensure the safety of workplaces, etc.

An employer's implied obligation is to reimburse the employee for all losses and costs incurred by the employee as a result of following the employer's instructions or simply in the course of the proper performance of his duties.

The labor law of some Western European countries (Great Britain, Denmark, Ireland) imposes on the employer the obligation to inform the employee in writing about the conditions of his employment. The notice must indicate the parties, the date of commencement (end) of work, the amount of remuneration, the timing of its payment, labor function, duration and mode of working time, rest time, etc. In the UK, the notice period is 13 weeks after the start of work, in Ireland - 28 days, in Denmark - a month.

In German labor law, the principle of freedom of contract operates, which determines that the parties are free to include in the employment contract any provisions related to the activities of the employee in a particular enterprise. In particular, the content of an employment contract may include such conditions as the place of work, its content and type, the pace of work, the duration and structure of working time, the duration of vacation, and others.

If conditions are included in the employment contract that are contrary to the law, the employee has the right to demand the application of the relevant norms of the law. In particular, the following working conditions established in the legislation cannot be changed to the detriment of the employee: the duration of paid leave granted to employees (the total minimum duration of leave is 18 working days), the procedure for paying wages in the event of an employee’s illness (payment is made within no more than six weeks of illness), the procedure for paying holidays, the length of working hours and breaks for rest, the terms of notice of dismissal, special rules providing for protection against dismissals of certain categories of workers (women, disabled people).

Working conditions established by law are minimum. Collective agreements, production agreements, as well as individual labor agreements may contain norms that supplement and develop legislative ones, if they improve the position of the employee in comparison with the established law.

In Europe, the most common is the 40-hour work week. The length of the working week varies from 35 to 48 hours, depending on the industry in which the worker works, as well as on the country. German law stipulates that a minimum working time must be determined for each worker. It cannot be less than three days in a row. In France, in 1986, the Law "On flexible working hours" was adopted, which introduced the total accounting of working hours for the year. Employers were able to change the length of the working week from 37 to 44 hours, depending on the needs of production. Such mobile work schedules have been used in many Western countries since the mid-1980s. In Germany and France legislative regulation are subject to leave for the bulk of the workers.

Under German labor law, the employer is granted the so-called discretionary right, i.e. the right, at its discretion, to establish obligations in the employment contract this employee. It is due to the fact that when concluding an employment contract, as a rule, it is impossible to reach an agreement on all issues related to the activities of the employee in the enterprise, however, this right of the employer is not unlimited. In its implementation, it must take into account the current legislation, the provisions of collective agreements and production agreements.

The relationship between the employee and the employer is based on the principle of mutual trust. Based on this, all the obligations of the employee are covered by the concept of "duty of loyalty" to this entrepreneur, and the obligations of the employer - by the concept of "duty to take care of the employee."

The obligation of the employee to be loyal to his employer means that the employee, in carrying out his activities, must take into account the interests of the employer and exclude the possibility of causing damage to him. This applies both to the obligation of the employee to ensure the safety of machinery and equipment at the enterprise, and the obligation to observe commercial and industrial secrets. During the period of his work at the enterprise of the employer with whom the employment contract has been concluded, the employee cannot be employed at a competing enterprise or manage a competing enterprise.

In the event of a guilty violation by the employee of the obligation to be faithful to his employer, the latter may demand from the employee full compensation for the damage caused by such a violation, as well as terminate the employment contract with him (including without observing the established terms of notice of dismissal).

The main obligation of the employee is the obligation to carry out activities stipulated in the employment contract. The employee must carry out the specified activity independently, unless otherwise provided in the contract.

The duty of the employer to ensure the care of his employee as a whole is to provide the employee with appropriate protection and assistance within the framework of the employment relationship, as well as to exclude the possibility of harm to his interests. The specific obligations of the employer within the framework of this obligation depend on the conditions of a specific employment relationship. Usually they boil down to the following: providing, at the request of the employee, the relevant work during the entire period of the employment relationship, including the period from the moment the decision to dismiss was made until the expiration of the notice of dismissal, ensuring the safety of the employee’s property during the working day (equipment of special premises, organization of security, etc.), observance of the so-called principle of equality (an employer cannot put an individual employee in a worse position compared to other employees in similar conditions), ensuring the protection of the life and health of an employee at the enterprise, granting annual paid leave, providing professional training for the employee.

If, as a result of a culpable violation by the employer of the obligation to take care of his employee, the latter has suffered damage, the employer must compensate him. The employee, for his part, in this case has the right to terminate the employment contract without observing the terms of the notice of dismissal.

Labor discipline in foreign countries also refers to the content of the employment contract. It is not singled out as a separate institution of labor law, but is considered as an aspect of an employment contract, a question of the rights and obligations of the parties. In the UK and Germany, all disciplinary offenses are required to be regulated, but it is difficult to determine their complete list, which gives the employer the right in some cases to punish an employee for misconduct not specified in the law.

In Italy, the employment contract includes a condition on the duration of the working day and the working week. According to Art. 1 of Decree-Law No. 692 of March 15, 1923, the maximum working day for workers and employees in commercial and industrial enterprises is 8 hours; The maximum working week is 48 hours. In the event of force majeure, an extension of the working time is allowed, however, the employer must report such cases to the Labor Inspectorate. Violation of this provision of the Law by the employer entails the imposition of a fine in the prescribed amount. The amount of the fine increases depending on the number of days of overtime and the number of employees in respect of whom this violation was committed. Overtime is compensated to the employee.

The employer is obliged to pay the employee a fair remuneration. Its size depends on the content of the collective agreement, judicial practice, customs and habits, or determined by the judge, taking into account the opinion of trade unions.

Among the duties of the employee is the obligation to conscientiously perform their work, taking into account the interests of the enterprise; comply with the established internal regulations. The employee's obligation not to engage in competitive activities is valid only if it is fixed in writing. An employee cannot, at his own expense or at the expense of third parties, engage in competitive activities under the threat of immediate dismissal and compensation for losses. The employee is obliged to refrain from using information obtained during work (both during the term of the employment contract and at the end of it), since their use can be regarded as unfair competition. In turn, the employer does not have the right to restrict the employee in choosing a further professional activity.

The employee has the right to one day of rest per week, as a rule, this day coincides with Sunday. In addition, he has the right to leave, the duration of which is determined by the employer, taking into account the customs, habits and provisions of the collective agreement. Among the provisions included in the employment contract is the right of the employee to receive compensation in case of illness, accident.

It should be noted that in Italy, regarding the forms and systems of wages, laws are adopted that contain declarative and descriptive provisions. For example, in France the situation is different. Here there is specific legislation governing the collective wage systems that are established for the industry as a whole. In Western countries, wages are very well built into other financial flows. The legislation makes it possible to suspend tax payments or a court decision on the recovery of rent in the event that an employee has not been paid a salary.

According to official statistics for 115 countries and territories, where 94% of the approximately 1.4 billion people work. employees in the world, the growth of average monthly real wages decreased from 2.8% in pre-crisis 2007 to 1.5% in 2008 and to 1.6% in 2009.

Legislative regulation of holidays in Italy exists in relation to certain categories of workers (youth, homeworkers, workers railway transport). For other categories of leave, they are regulated through collective labor agreements.

A probationary period may be included in the employment contract. It cannot exceed 6 months for technical directors, management personnel and 3 months - for other categories of workers.

USA. The federal and state laws govern the following terms of an employment contract: minimum wage, maximum term of the employment contract, procedure for payment of wages, hours of work per week, types of rest, minimum annual leave, mandatory overtime pay. All other conditions are established by agreement of the parties or a unilateral decision of the employer (nature and scope of work, work schedule, additional holidays, awards, special conditions, dictated by the specifics job duties, and so on.).

The obligations of the employer include: providing the employee with work stipulated by the employment contract (for those working at home - also delivery required material and tools) employee wages; ensuring labor safety; taking care of the safety of the employee's belongings during his stay at the enterprise. In a specific employment contract, the employer may also assume other obligations that correspond to the specifics of production: for example, in accordance with federal law, the employer is obliged to insure the crew of a sea vessel carrying goods or the crew of a fishing vessel hired by him; a similar duty is imposed on the owner of the mine in relation to the miners.

The employee is obliged: to comply with the internal labor regulations, to follow the instructions of the employer in his work, to comply with safety regulations, to perform the assigned work in a quality and timely manner. For example, New York State statutes provide that an employee must not tarnish the reputation of the firm, organization, or enterprise for which he or she works, whether during or after work hours.

An employment contract cannot contain conditions that are contrary to the law, and also cannot worsen the position of the employee in comparison with the legislative norms.

New Zealand law provides for a list of minimum terms of an employment contract. Even if they are not spelled out in the contract, they will still apply. These are: the minimum wage, annual paid leave, sick leave, leave for the loss of relatives and friends (may be granted after 6 months of work), parental leave (may be granted upon the birth of a child or his adoption at the age of up to 5 years). Leave may be granted to an employee for other reasons. For example, as a result of an injury received by an employee or while serving in the armed forces.

Employers are required to discuss with workers and trade unions ways to introduce new wage levels. Employers cannot unilaterally change other working conditions to avoid the need to change wages. Any changes in working conditions should be discussed with employees and their representatives. An employee whose salary is less than the established minimum may file a complaint with the labor inspector. The labor inspector may investigate such a complaint and demand appropriate payments to the worker. An employer is not entitled to pay wages to men and women on the basis of sex under the Equal Pay Act 1972.

At the end of each year of work, the employee is entitled to paid leave of 3 weeks.

After 6 months of work, the employee may be granted sick leave, which will be paid, lasting 5 days. Sick leave can be granted both due to the illness of the employee himself, and members of his family. The unused period for sick leave is accumulated up to 20 days.

In accordance with the Labor Relations Act 2000, an employment contract must include: names, details of the parties, job description or, in other words, labor function, place of work, working hours, wages, wage payment procedure.

In the United States and New Zealand, the prevailing view is that the forms of disciplinary offenses are inexhaustible. Employers can punish employees for misconduct, provided for by law, and not provided for by it.

The trial period in foreign countries is understood as a conditional transaction with a resolutive condition.

This once again confirms that in the West an employment contract is a specific civil law transaction. The duration of the probationary period depends on the legal traditions of a particular country, the specifics of the position and can range from one week to a year.

Now, in many foreign countries, the employer must give two weeks' notice of the dismissal of an employee on probation, with payment of compensation for the time actually worked. The employee is also required to give the employer two weeks' notice of his departure.

Conclusion

In Western countries, an employment contract is considered as a private law contract, a kind of civil law contract for the hiring of services. It is subject to the principles and constructions of civil, obligations and contract law. An employment contract of foreign countries is defined as a contract by virtue of which one party (employee) undertakes to perform certain work for the other party (employer), and the other party undertakes to pay a specified remuneration in cash or in any other form.

Codified labor legislation is not typical for most Western European countries. The relationship between the employee and the employer is regulated civil codes as a relationship of buying and selling labor. Separate laws are adopted on various issues of regulation of the employment contract.

The following are legally regulated: the form of an employment contract, its maximum term, place and method of payment of wages, minimum wages and the procedure for making deductions from it, the minimum duration of paid leave, the terms of notice of dismissal, special rules providing for protection against dismissals of certain categories of employees, duration and working conditions in some jobs, minimum and maximum working hours and rest breaks, mandatory overtime pay.

The parties to the employment contract independently determine: the place of work, its content and type, the pace of work, work schedule, the duration and structure of working hours, the duration of vacation, additional holidays, wages, bonuses, special conditions conditioned by the specifics of work duties. If the employment contract includes conditions that are contrary to the law, the employee has the right to demand the application of the relevant legal norms.

Employee responsibilities include: conscientious performance their work, respect for the property of the employer, compliance with the rules of internal labor regulations, compliance with commercial and industrial secrets. The employer is obliged: to provide the employee with work, pay him remuneration, ensure labor safety, safety of the employee's property during the working day, protect the life and health of the employee at the enterprise, provide leave, provide professional training for the employee.

The basis of labor relations in Western countries is not a law, but an employment contract. Legislative acts are only a small part of the labor law of industrialized countries. It is designed for general application and, as a rule, does not pursue the goal of regulating labor relations in full, establishing all or certain working conditions. First of all, key, significant issues of interaction between the parties to the labor relationship are subject to state regulation. In relation to certain working conditions (wages, working hours, etc.), the legislator is limited to establishing only essential provisions, taking into account which the parties, by mutual agreement, can determine the conditions and fix them in the employment contract.

characteristic feature legal regulation of relations under an employment contract is the desire of the legislator to create for both parties to the contract equal opportunity to exercise their rights. Each of the parties may propose its own conditions for inclusion in the employment contract and refuse to accept the conditions proposed by the other party.

Bibliographic list

1.Introduction to German law / A.E. Zhalinsky, A.A. Roericht. - M.: Spark, 2001. - 767 p.

2.Gintsburg L.Ya. Socialist labor relationship / USSR Academy of Sciences. Institute of State and Law. - M.: Nauka, 1977. - 310 p.

.Dogadov V.M. Legal regulation labor under capitalism (before the Second World War): Essays / Ed. ed. A.E. Shepherd. - M.: Gosjurizdat, 1959. - 195 p.

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.Reader on the history of state and law of foreign countries: Proc. allowance: in 2 vols. Vol. 2 / Ed. K.I. Batyr and E.V. Polikarpova. - M.: Prospekt, 2011. - 520 p.

.Reader on the history of state and law of foreign countries / Ed. ed. ON THE. Krasheninnikova: in 2 vols. Vol. 2: Modern state and law. - M.: Norma: Infra-M, 2010. - 672 p.

.Arkhipov V.V. On the employment contract // Modern law. - 2003. - No. 1. - S. 12-13.

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Abstracting from national characteristics, we can distinguish eight main institutions in the labor law of Western countries: the legal regulation of the position of trade unions and other organizations

Chapter 1 General characteristics of the branch of labor law

zation of workers; collective agreement; legal regulation of strikes; employment contract; wage; working i i1-mya and rest time; occupational Safety and Health; peaceful settlement of labor disputes. In the ϶ᴛᴏth part of the book, we will reveal only the normative content of each of these institutions. Their essential features will be considered in the course of further presentation.

1. Legal status of trade unions and bodies representing the personnel of enterprises

Legislation establishes the right to join trade unions, defines their tasks and functions, regulates the formation, functioning, merger and dissolution, registration, establishes the rights of trade unions and trade union workers, the status of trade union property, and prohibits discrimination for belonging to a trade union. In some countries, the participation of trade unions in the management bodies of concerns, as well as in the bodies of the so-called functional representation, is provided. The position of trade union organizations at enterprises, the procedure for their activities and rights are often regulated. Established civil-law (property), administrative and criminal liability of trade unions and their leaders for violating the existing legal order up to imprisonment of trade union leaders and activists. In many countries, the bodies of representation of collectives of enterprises have received legal recognition, the legal status of these bodies, their functions, composition, election procedure, relations with the management of the enterprise, trade unions, and the character of persons elected to the bodies of representation of personnel are established.

2. Collective agreement

Legislation determines the rules for concluding collective agreements, their form and content, validity period, gives them legal force, establishes the procedure for extending these agreements to all workers in a working industry or region, and provides for sanctions for violations. Collective agreements establish a wide range of regulatory conditions, including tariff rates for workers and official salaries for employees, most of the over-tariff allowances, the procedure and frequency of wages, deductions from it, additional social payments (payment for vacations, weekends and holidays, etc.), compensatory allowances, some elements of labor organization, the procedure for establishing production standards . Many collective bargaining agreements have provisions for mass layoffs due to technical innovations, factory benefits and pepsin.

§_4. The structure of labor law

3. Legal regulation of strikes

In various legal acts, as well as in judicial practice, conditions are established that recognize a strike as "legal" or "illegal", the procedure for conducting a strike, the impact of strikes on the labor contracts of their participants, on the labor contracts of persons involved in strikes, on the collective agreement, on the rights of strikers in the field of social insurance, business contracts of entrepreneurs. Special rules provide for liability for "illegal" strikes.

4. Employment contract

Legal regulations regulate recruitment mediation, the procedure for hiring, the rights and obligations of the parties, the establishment and change of the labor function, transfer to another job, the term and form of the contract, its termination.
It should be noted that collective and individual dismissals are regulated in particular detail. The regulation of the master's power is traditionally not singled out as a separate independent institution, but is considered in connection with the characteristics of the rights and obligations of the parties as an integral element of the labor contract, the mutual relations of its subjects. Legal norms formalize the methods and procedure for the consumption of labor power, provide capitalists with prerogatives for managing personnel, assign regulatory, directive and disciplinary power to them, and ensure order and discipline in production. The subordination of workers to the power of the employer will be in the fact that the employment contract imposes on the workers the duties of fidelity, obedience, devotion, diligence, cooperation. Do not forget that the most important legal expression of the master's power will be the rules of internal labor regulations. In connection with the consideration of the content of the institution of an employment contract, the issue of industrial apprenticeship should be raised. Under an industrial apprenticeship agreement, the entrepreneur undertakes to train the apprentice in a profession and pay him a certain remuneration during the training period, and the apprentice is obliged to master the profession and work for the entrepreneur who trains him. Legal relations for industrial apprenticeship arise in the process of implementing labor relations. The industrial apprenticeship contract contains the main features of an employment contract: labor activity for remuneration, subordination to the schedule of the enterprise. At the same time, the apprenticeship contract has its own specifics. Do not forget that its most important feature is the obligation of the employer to train the student in the profession. This feature determines the similarity of industrial apprenticeship with vocational training outside of labor activity, which goes beyond the scope of labor law.

4:6 Chapter 1 General characteristics of labor law

Laws, collective agreements, and sometimes customs determine the content of the industrial apprenticeship agreement, its form, term, rights and obligations of the parties, the procedure for concluding, changing, and terminating. In some countries, the industrial apprenticeship contract is considered as a kind of labor contract, in others it is characterized as a special, autonomous type of contract, which is included in the sphere of relations for professional training of personnel, although it contains some signs of an employment contract.

5. Salary

Legal acts, mainly of a local nature, establish wage rates and salaries, regulate its forms and systems, and various incentive payments. In a number of countries, a state minimum wage is established nationwide or in certain industries, it is indexed or growth is limited or "freezed" for a certain time. Proclaims equal pay for men and women, determines the frequency and place of payment of wages, its protection, payment documents, regulates the payment of goods to employees, the procedure for collecting unpaid wages, in particular, in the event of bankruptcy of enterprises, guarantee and compensation payments

6. Work time and rest time

The laws and collective agreements determine the standard length of working time - the working week and the working day (sometimes only the working week). Overtime work is allowed in excess of the ϶ᴛᴏth limit. The working time regime is subject to legal regulation (mainly in collective agreements and internal labor regulations) Rest time, including intra-shift and inter-day breaks, weekly rest days, holidays, annual holidays, is regulated by laws, collective agreements, internal regulations, sometimes - customs.

7. Labor protection

Includes rules on safety, industrial sanitation and occupational health, as well as provisions relating to the state labor inspectorate, special standards for the protection of women, adolescents, disabled people All these standards are fixed in most cases in laws or administrative acts and to a much lesser extent in collective agreements.

8. Procedure for consideration of labor disputes

Given the dependence on the nature of disputes (collective, individual, economic, legal), various

§ 5 Place of labor law in the system of legal blindness

methods of resolving them disputes in a judicial or administrative body, through voluntary or compulsory arbitration, the use of mediation and conciliation procedures, In many countries there are specialized labor courts with a specific court and procedure,

Alexander Chanyshev - Labor law of the countries of the Eurasian Economic Union. Tutorial

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Introduction

Chapter I General part of the labor law of the countries of the Eurasian Economic Union

§ 1. The concept, subject, method and system of labor law of the EAEU countries

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Chapter I
General part of the labor law of the countries of the Eurasian Economic Union