Labor Code. Who and how does he protect?

Find echoes of labor law can be in Roman law.

From the 13th century, wage labor was formalized by an act of commendation; then there were two types of servility: complete and bonded. In 1649, after the adoption of the Cathedral Code, complete servitude was excluded. In those days, it was enough for the owner to give his hired worker "on credit" money or some kind of property that he was obliged to work for a certain period of time, and the worker could become a serf for the entire life of the owner. The owner decided whether the amount of the “loan” was compensated by labor, and the state did not interfere in the labor relations.

In the 19th century, the principle of contractual freedom was introduced to regulate the world of work, which concerned factory buildings and workers. The adopted Regulations looked like something on the rules of the internal labor schedule of our time. At the same time, a law on hiring was issued, a reflection of which can be found in modern labor legislation, in particular, it was already provided for issuing workbooks to employees, which recorded the basic conditions of employment. Dismissing in those days for illness, audacity, bad behavior, but unauthorized refusal to work, riot or rally at work could be threatened with arrest. The reason for the termination of the employment contract at the initiative of the employee was only non-payment of wages, with this should go to court.

With the advent of Soviet power, new demands were put forward for the working class on the protection of workers' rights, working time, social insurance, labor protection, etc.

Ensuring the full implementation of the newly published labor legislation of that period was difficult, given the difficult political and economic situation in the country. Only over the years has it become partly possible (in terms of fixed wages and social guarantees).

In connection with the separation of the Soviet republics from the Soviet state, the labor legislation of the new Russia was significantly revised and additional laws were adopted, for which there were good reasons. We have not yet come to capitalism from communism and socialism, but have acquired the form of a market economy and private business built by individual entrepreneurs and commercial organizations. There are non-state employment agencies. “Temporary employment” has become widely used.

It is hard to imagine a person who is not working when work has become the material basis of a society built on consumption, and work is the basic condition for the existence of man.

With an abundance of vacancies and job seekers, there is a shortage of skilled workers and unemployment. Finding a job in a small town is very difficult, and the big cities are not happy with the wait. To get a job well, you have to go a long way to search, interviews, refusals, and at the same time have a couple of higher education, beautiful work biography and letters of recommendation. The employer is given the right to choose, and therefore he decides who and under what conditions will work for him. Of course, a potential employee can determine for himself the right to choose. But sometimes you don’t have to choose in order to survive, adjust and fulfill what the employer will require. People agree to work 12 hours a day, without compensation for holidays and sick leave, with partial or complete non-observance of working conditions, untimely receive wages and remain silent, so as not to hear in response to their claims: “Everything, let's see you!”

And the state still does not interfere in labor relations. And the Labor Code is silent. Who reads it? Is that lawyers to find a pile of pitfalls in it and protect the right of the employer's authority. So it turns out that the truth is on the side of power.

P. S. The Constitution says that each of us has the right to freely dispose of our abilities to work, choose our occupation and profession, and also has the right to protection against unemployment. The state is obliged to guarantee the effective exercise of these rights, because the state policy is aimed at creating conditions that ensure a decent life and the free development of a person.

Difficult times today ...

Watch the video: HR Basics: Employee Rights (November 2019).


Leave Your Comment