Rus Articles Journal

Labor code. Whom and how it protects?

First CLW (Code of Laws on Work) was adopted in 1918. Till this time people used various charters, contracts, provisions, agreements, provisional rules of labor hiring … can Find

echoes of the labor legislation and in the Roman right.

Since the 13th century wage labor was made out by the act of a kommendation, then there were two types of servility: full and enslaving. In 1649 after adoption of the Cathedral Code full servility was excluded. In those days to the owner was to give to the hired worker “on credit“ enough money or some property which he was obliged to work during a certain term, and the worker could become a lackey for the entire period of life of the owner. The owner solved whether the sum given “on credit“ is compensated by work, and the state did not interfere with the labor relations in any way.

In 19 - the m for regulation of the sphere of work was entered a century the principle of contractual freedom which concerned factory institutions and workers. The adopted Provision was similar something to employment policies and procedures of our time. The law on hiring which reflection can be found and in modern acts for work was in parallel issued, in particular then it was already provided to issue to workers pay books in which the main terms of employment registered. Could dismiss for an illness, impudence, bad behavior in those days, and here unauthorized refusal of work, uproar or meeting on a workplace could threaten with arrest. Only nonpayment of a salary was the cause of cancellation of the employment contract at the initiative of the worker, with it it was necessary to appeal to court.

With arrival of the Soviet power new demands for working class about protection of the rights of workers, time of day of work, social insurance, labor protection etc. were made.

It was difficult to provide full performance of again issued labor legislation of that period, considering a difficult political and economic situation in the country. Only over the years it became possible partially (regarding the fixed compensation and social guarantees).

Due to the separation of federal republics from the Soviet state the labor legislation of new Russia was significantly revised and additional laws were adopted, on that there were good reasons. From communism and socialism we did not come by capitalism yet, but got a form of market economy and the private business constructed by individual entrepreneurs and the commercial organizations. There were non-state employment agencies. Widely “temporary employment“ began to be applied.

It is difficult to present the person of the unemployed when work became a material basis of the society constructed on consumption, and work is the main condition of existence of the person.

At abundance of vacant positions and applicants there is a deficiency of skilled workers and unemployment. It is very difficult to find work in the small city and big cities do not please with expectation. Well to settle, it is necessary to go a long way of search, interviews, refusals, at the same time to possess a couple of the higher educations, a beautiful working career and letters of recommendation. To the employer the right to choose and therefore he solves who and at what conditions at it will work is granted. Of course, the potential worker can define for himself an option. But sometimes it is not necessary to choose to survive, adapt and carry out that the employer will demand. People agree to work for 12 hours a day, without compensation of holidays and sick-lists, at partial or full non-compliance with working conditions, it is untimely to receive a salary and to be silent not to hear in response to the claims: “Everything, give good-bye!“

A the state still does not interfere with the labor relations in any way. And the Labour Code is silent. Who reads it? Unless lawyers to find in it is mute a heap of reefs and to protect the right of the power of the employer. Here also it turns out that the truth on the party of force.

P. S. To Constitutions it is written that each of us has the right freely to dispose of the abilities to work, to choose to itself a kind of activity and a profession, and also has the right for protection against unemployment. The state is obliged to guarantee effective implementation of these rights because the policy of the state is directed to creation of the conditions providing worthy life and free development of the person.

Times difficult now...