The establishment of state guarantees in the field of labor, the creation of favorable conditions for work, the protection of the rights and interests of workers and employers are the main goals of labor legislation (Article 1 of the Labor Code of the Russian Federation). These issues are relevant for the vast majority of organizations and for many individual entrepreneurs. Recall that one of the fundamental documents regulating labor relations is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will talk about some of the main changes to the Labor Code in 2017 in our material.

Eases for microenterprises

From 01/01/2017, the Labor Code was supplemented with a new Chapter 48.1 (Federal Law of 07/03/2016 No. 348-FZ). It establishes some features for employers who are.

Thus, a micro-enterprise has the right to refuse, in whole or in part, from the adoption of local labor regulations. We are talking, for example, about the rules of internal labor regulations, the regulation on wages or bonuses, shift schedules, etc. However, this does not mean that such issues in the micro-enterprise will remain unresolved. Those conditions that should have been provided for by local regulations, if the micro-enterprise refuses to develop such acts, must be included directly in labor contracts with employees. For this, the standard form of an employment contract approved by Government Decree No. 858 of August 27, 2016 should be used as the basis.

A new mandatory document when concluding an employment contract

On January 1, 2017, an amendment to Art. 65 of the Labor Code of the Russian Federation, concerning the list of documents to be presented when applying for a job. Recall that persons subjected to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances are not allowed to certain types of work until the end of the term of such punishment (clause 1, article 10 of the Federal Law of July 13, 2015 No. 230 -FZ). These types of work include, for example:

• work directly related to ensuring transport security (clause 9, part 1, article 10 of the Federal Law of February 9, 2007 No. 16-FZ);
• work directly related to the movement of trains and shunting work (clause 3, article 25 of the Federal Law of 10.01.2003 No. 17-FZ);
• work as a private security guard (clause 13, article 11.1 of the Law of March 11, 1992 No. 2487-1).

Now, when applying for such types of work, it is necessary to present a certificate (Appendix No. 4 to the Administrative Regulations, approved by Order of the Ministry of Internal Affairs No. 665 dated October 24, 2016) on whether the person is or is not subject to administrative punishment for such acts.

Amendments to the Labor Code: June 2017

The latest amendments to the Labor Code at the time of preparation of the consultation were in June 2017. Vladimir Putin signed amendments to the Labor Code on 06/18/2017. These new amendments to the Labor Code of 2017 come into force 10 calendar days after the day of official publication (Article 6 of Federal Law No. 5-FZ of June 14, 1994). On the official Internet portal of legal information http://www.pravo.gov.ru, the latest amendments to the Labor Code of the Russian Federation 2017 were published on 06/18/2017. This means that the amendments to the Labor Code 2017 do not come into force on June 19 (the next day ), and after 10 days, i.e. 06/29/2017. Indeed, in order for the amendments to the Labor Code to come into force on June 19, 2017, they would have to be published on June 8, 2017.

Amendments to the Labor Code 2017 on wages

Amendments to Art. 152 of the Labor Code of the Russian Federation specify the procedure for paying overtime. Recall that, as a general rule, overtime work is paid for the first two hours at least one and a half times, for subsequent hours - at least twice the amount or is compensated by providing an equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime on weekends and non-working holidays, paid at an increased rate or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of "normal" overtime work, it is not taken into account.

Additionally, the features of remuneration on a weekend or non-working holiday are clarified. Article 153 of the Labor Code of the Russian Federation establishes that all employees are paid an increased amount of hours actually worked on a weekend or non-working holiday (from 00.00 to 24.00), even if such days account for only part of the working day (shift).

Labor Code of the Russian Federation- codified legislative act (code) on labor, Federal Law No. 197-FZ of December 30, 2001. It was put into effect on February 1, 2002 instead of the Code of Labor Laws of the RSFSR (Labor Code of the RSFSR) of 1971 that was in force before it. The Code defines labor relations between employees and employers and takes precedence over other adopted federal laws related to labor relations, with Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, etc.

The Labor Code, in particular, establishes the rights and obligations of the employee and the employer, regulates the issues of labor protection, professional training, retraining and advanced training, employment, social partnership. The rules of payment and labor rationing, the procedure for resolving labor disputes are fixed. Separate chapters are devoted to the peculiarities of the legal regulation of the labor of certain categories of citizens (minors, teachers, coaches and athletes, homeworkers, shift workers, etc.).

Sections of the Labor Code of the Russian Federation

• Section I. General Provisions
• Section II. Social partnership in the sphere of labor
• Section III. Labor contract
• Section IV. Working time
• Section V Rest Time
• Section VI. Pay and labor regulation
• Section VII. Guarantees and compensation
• Section VIII. Labor schedule, labor discipline
• Section IX. Vocational training, retraining and advanced training of employees
• Section X. Labor protection
• Section XI. Liability of the parties to the employment contract
• Section XII. Features of labor regulation of certain categories of workers
• Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law norms
• Section XIV. Final provisions

Story

Code of 1918

The first Russian labor code was adopted by the Bolsheviks in 1918. The main task of the code was to regulate the relationship between the worker and the employer.

The Code introduced the following concepts:

• workers- persons working for remuneration;
• remuneration for work- provided in the form of money, services (for example, the provision of housing) or products (including food);
• living wage- the minimum remuneration for work established for the given locality;
• preliminary test- a certain period preceding the final admission to a long-term job;
• normal working hours- the time set for the production of this work by the tariff regulation;
• shift work- continuous work, which requires several work shifts;
• overtime work- work beyond the normal working hours was allowed in exceptional cases;
• holidays- set days on which work is not performed;
• production rate- the amount of work established by the pricing commission and approved by the labor department, carried out under normal conditions during normal working hours;
• labor inspection- the body responsible for the protection of life, health and labor of persons engaged in economic activities;
• labor distribution department- a body that registers the unemployed and provides them with jobs.

The first code introduced the following duties of workers:

• labor service- the duty of every citizen of the RSFSR;
• personal employment history- a document with notes on the work performed, remuneration and benefits received;
• the possibility of attracting adult male able-bodied population to work overtime;
• performance of the number of works not less than the established production standards;
• compliance internal regulations;
• notification to the division of power distribution and the trade union about the fact of replacement at the workplace of a worker who left the workplace without permission.

The following rights of workers were declared:

• right to work- the right to use labor in their specialty and for a fixed remuneration;
• remuneration for work not lower than the established subsistence level;
• receiving remuneration for work at least once every two weeks;
• the possibility of dismissal at will (in fact, this right was eliminated by the need to justify the reason for dismissal, which would suit the body of workers' self-government);
• the duration of normal working time is not more than 8 daytime or 7 night hours per day.
• reduced working hours for persons under 18;
• reduced working hours for heavy and hazardous work;
• lunch break;
• extra break for breastfeeding;
• weekly uninterrupted rest for at least 42 hours;
• shortened working day before the day of rest;
• annual leave;
• cash allowance and free medical assistance in case of illness, pregnancy and childbirth;
• unemployment benefit in the amount of the worker's remuneration for work according to his tariff, group and category;
• allowance for workers who do not work in their specialty.

The Code explicitly prohibited workers from working during their annual leave and holidays. When the fact of such work was established, the remuneration received by him was withheld from the worker. It was also forbidden to receive additional remuneration for work except for normal working hours and overtime. Advance payment was prohibited.

The following funds were introduced:

• Unemployment Insurance Fund;
• Local health insurance companies.

After 4 years, in 1922, the code was revised.

Code of 1922

The second code was adopted by a decree of the All-Russian Central Executive Committee signed by M. Kalinin, People's Commissar of Labor V. Schmidt, Secretary of the All-Russian Central Executive Committee Yenukidze in November 1922. The new code of 192 articles reflected the course of the New Economic Policy adopted in 1921, as well as aspects of the labor activity of citizens, many of which have survived to this day.

Compared with the previous code, new concepts were introduced, such as:

• passbook;
• severance pay;

The code established an 8-hour working day, uninterrupted rest, lasting at least 42 hours, an annual regular paid 2-week vacation. The exploitation of child labor (under 16 years of age) was prohibited. For women, exemption from work was provided for the time before childbirth and after childbirth: 6 weeks before and 6 weeks after - for mental workers, 8 weeks - for manual workers; additional (except for lunch) breaks for feeding infants were also introduced.

The Code established a list of public holidays, and also introduced the concept of professions of "clerical and mental labor". There was no old-age pension, instead there was only "the right to social security in case of disability."

With some amendments, the code was in effect for almost half a century.

Labor Code 1971 (Labor Code)

In 1971, a new code was adopted that established a 41-hour work week, added new holidays and new benefits, including establishing the right to leave to care for a child until he reaches 3

Today, February 1, 2017, is a rather significant date. Exactly 15 years ago, the Labor Code of the Russian Federation was enacted. To the question: “When was the Labor Code of the Russian Federation adopted”, we answer that it was adopted on December 30, 2001, on the basis of Art. 420 of the Labor Code of the Russian Federation was put into effect on February 1, 2002.

The Labor Code of the Russian Federation replaced the Labor Code of the Russian Federation, which was adopted in the last month of 1971. So the current code is still quite young compared to its predecessor. Interestingly, the last change to the Labor Code of the Russian Federation was made just a week before the entry into force of the new code. On the basis of the Decree of the Constitutional Court of the Russian Federation, some norms were recognized as inconsistent with the Constitution.

Why was the new Labor Code adopted?

The Labor Code of the Russian Federation was adopted during the Soviet Union. And therefore, it did not meet the requirements of a real market economy, and the Constitution of the Russian Federation as well.

After 15 years of the Labor Code of the Russian Federation, it can be said that it was adopted in a very “raw” form, as evidenced by the incalculable amendments and changes. I often remember the times when there were no reference legal systems, the Internet, and we usually pasted all the changes and additions directly into the paper copy of the code.

In my opinion, the Labor Code of the Russian Federation was adopted as a kind of compromise solution aimed at securing the rights of workers and employers. At the same time, despite the fact that I fully support workers in the first place, it is on employers that the current Labor Code has placed an unbearable burden of various guarantees and compensations, which often make it economically unprofitable to play by the rules. And this leads to ignoring the conclusion of employment contracts, gray salaries and so on.

Perhaps this should not be associated with the entry into force in 2002 of the Labor Code of the Russian Federation, but in our country there has been a clear stratification. Now I don't mean oligarchs and factory workers. I want to talk about ordinary employees who have become "state employees", "municipal employees" and simply "state employees". The gap in the level of wages, various guarantees and compensations for workers, for example, in the social sphere, is very large. Performing the same work, people have a very different standard of living and the higher it is, the higher the worker rises through the steps of state or municipal service.

Conclusion

Now you know when the Labor Code of the Russian Federation was adopted, what caused it. In my opinion, in society today there is a need not for the adoption of a new Labor Law, no. It is necessary to implement the basic principles of the already existing Labor Code, namely:

• equality of rights and opportunities for employees;
• Ensuring the right of every worker to a fair wage that ensures a decent living for himself and his family.

The Labor Code of the Russian Federation regulates dismissal in 2019 by Chapter 13 of the code. We present the current edition of the Labor Code of the Russian Federation as of the beginning of 2019. Keep in mind that there have been no layoffs under the Labor Code for many years. You can select the article you are interested in and click on the link that will open in the same window as a drop-down text. For all questions, you can seek legal advice from a labor dispute lawyer.

The term "layoff" is usually applied to the termination of an employment relationship at the initiative of the employer. The Code uses the general term “termination of an employment contract”. Termination of labor relations can occur: at the initiative of one of the parties (at the employee's own request or at the initiative of the employer), both parties jointly (by agreement of the parties), at the will of other (third) persons who are not directly involved in labor relations.

Articles 77 - 84.1 of the Labor Code of the Russian Federation "Termination of an employment contract"

Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:
1) agreement of the parties (Article 78 of this Code);
2) expiration of the term of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and none of the parties has demanded their termination;
3) termination of the employment contract at the initiative of the employee (Article 80 of this Code);
4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of this Code);
5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);
6) refusal of the employee to continue work in connection with a change in the owner of the property of the organization, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution (Article 75 of this Code);
(Edition of 02.04.2014 N 55-FZ)
7) refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);
8) the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of this Code);
9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of this Code);
10) circumstances beyond the control of the parties (Article 83 of this Code);
11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

An employment contract may also be terminated on other grounds provided for by this Code and other federal laws.
Part three is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 78. Termination of an employment contract by agreement of the parties

The employment contract may be terminated at any time by agreement of the parties to the employment contract.

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing about the termination of the employment contract due to its expiration at least three calendar days before the dismissal, except in cases where the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires.
(part one edition of 30.06.2006 N 90-FZ)
An employment contract concluded for the duration of a certain work is terminated upon completion of this work.
(Edition of 30.06.2006 N 90-FZ)
An employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee returns to work.
(Edition of 30.06.2006 N 90-FZ)
An employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

Article 80

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.
(Edition of 30.06.2006 N 90-FZ)
By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.
In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.
(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 185-FZ of 02.07.2013)
Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.
Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.
If the employment contract has not been terminated after the expiration of the termination notice and the employee does not insist on dismissal, then the employment contract continues.

Article 81. Termination of an employment contract at the initiative of the employer

The employment contract may be terminated by the employer in the following cases:
1) liquidation of the organization or termination of activity by an individual entrepreneur;
(Edition of 30.06.2006 N 90-FZ)
2) reduction in the number or staff of employees of the organization, individual entrepreneur;
(Edition of 30.06.2006 N 90-FZ)
3) non-compliance of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification;
(clause 3 edition of 06/30/2006 N 90-FZ)
4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction;
6) a single gross violation of labor duties by an employee:
a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);
(Edition of 30.06.2006 N 90-FZ)
b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;
(clause "b" version of 06/30/2006 N 90-FZ)
c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;
(Edition of 30.06.2006 N 90-FZ)
d) committing at the place of work theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
(Edition of 30.06.2006 N 90-FZ)
e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;
(Edition of 30.06.2006 N 90-FZ)
7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;
7.1) failure by the employee to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or inaccurate information about his income, expenses, property and liabilities of a property nature, or failure to provide or provide knowingly incomplete or inaccurate information about income, expenses, on the property and property obligations of their spouse and minor children, opening (presence) of accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments an employee, his spouse (wife) and minor children in the cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to for the loss of confidence in the employee on the part of the employer. The term “foreign financial instruments” is used in this Code in the meaning defined by Federal Law No. 79-FZ of May 7, 2013 “On the Prohibition of Certain Categories of Persons from Opening and Maintaining Accounts (Deposits), Keeping Cash and Valuables in Foreign Banks Located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments”;
(Clause 7.1 was introduced by Federal Law No. 231-FZ of December 3, 2012, as amended by Federal Laws No. 280-FZ of December 29, 2012, No. 102-FZ of May 7, 2013, and No. 505-FZ of December 28, 2016)
8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
11) submission by the employee to the employer of false documents when concluding an employment contract;
(Edition of 30.06.2006 N 90-FZ)
12) is no longer valid. - Federal Law of June 30, 2006 N 90-FZ;
13) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization;
14) in other cases established by this Code and other federal laws.
The certification procedure (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the event of termination of the activities of a branch, representative office or other separate structural subdivision of an organization located in another locality, termination of employment contracts with employees of this subdivision is carried out according to the rules provided for in cases of liquidation of the organization.
(part four edition of 30.06.2006 N 90-FZ)
Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee outside the place of work or at the place of work, but not in connection with the performance of labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.
(Part five was introduced by Federal Law No. 90-FZ of June 30, 2006)
It is not allowed to dismiss an employee at the initiative of the employer (except in the event of liquidation of an organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during his vacation.
(Part six was introduced by Federal Law No. 90-FZ of June 30, 2006)
Information on the application of a disciplinary sanction to an employee in the form of dismissal due to loss of confidence on the basis of clause 7.1 of part one of this article is included by the employer in the register of persons dismissed due to loss of confidence, provided for by Article 15 of the Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption".
(Part seven was introduced by Federal Law No. 132-FZ of July 1, 2017)

Article 82
(Edition of 30.06.2006 N 90-FZ)

When deciding to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing no later than two months in advance. before the start of the relevant events, and if the decision to reduce the number or staff of employees may lead to mass layoffs of employees - no later than three months before the start of the relevant events. Criteria for mass layoffs are determined in industry and (or) territorial agreements.
(Edition of 30.06.2006 N 90-FZ)
The dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of the first part of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.
(Edition of 30.06.2006 N 90-FZ)
When carrying out certification, which may serve as a basis for the dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.
(Edition of 30.06.2006 N 90-FZ)
The collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract at the initiative of the employer.
(Edition of 30.06.2006 N 90-FZ)

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

An employment contract is subject to termination due to the following circumstances beyond the control of the parties:
1) conscription of an employee for military service or sending him to an alternative civilian service that replaces it;
2) reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court;
3) non-election to office;
4) condemnation of the employee to a punishment that precludes the continuation of the previous work, in accordance with a court verdict that has entered into force;
5) recognition of an employee as completely incapable of work in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation;
(Edition of 30.06.2006 N 90-FZ)
6) death of an employee or employer - an individual, as well as recognition by a court of an employee or employer - an individual as dead or missing;
7) the onset of emergency circumstances preventing the continuation of labor relations (military actions, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a public authority of the corresponding subject of the Russian Federation;
8) disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract;
(Clause 8 was introduced by Federal Law No. 90-FZ of June 30, 2006)
9) expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill the obligations under the employment contract;
(Clause 9 was introduced by Federal Law No. 90-FZ of June 30, 2006)
10) termination of access to state secrets, if the work performed requires such access;
(Clause 10 was introduced by Federal Law No. 90-FZ of June 30, 2006)
11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work;
(Clause 11 was introduced by Federal Law No. 90-FZ of June 30, 2006)
12) is no longer valid. — Federal Law No. 409-FZ dated December 1, 2014;
13) the emergence of restrictions established by this Code, other federal law and excluding the possibility of the employee fulfilling obligations under an employment contract on engaging in certain types of labor activity.
(Clause 13 was introduced by Federal Law No. 387-FZ of December 23, 2010)
Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as a vacant position or a job corresponding to the qualifications of the employee, so and a vacant subordinate position or lower-paid job) that the employee can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 387-FZ of 23.12.2010)
Part three is no longer valid. - Federal Law of December 1, 2014 N 409-FZ.

Article 84
(Edition of 30.06.2006 N 90-FZ)

An employment contract is terminated as a result of a violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), if a violation of these rules excludes the possibility of continuing work, in the following cases:
(Edition of 30.06.2006 N 90-FZ)
the conclusion of an employment contract in violation of a court verdict depriving a particular person of the right to hold certain positions or engage in certain activities;
conclusion of an employment contract for the performance of work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation;
(Edition of 30.06.2006 N 90-FZ)
the absence of an appropriate document on education and (or) qualifications, if the performance of work requires special knowledge in accordance with a federal law or other regulatory legal act;
(Edition of 02.07.2013 N 185-FZ)
conclusion of an employment contract in violation of the decision of a judge, body, official authorized to consider cases of administrative offenses, on disqualification or other administrative punishment that precludes the employee from fulfilling obligations under an employment contract, or the conclusion of an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws concerning the involvement in labor activity of citizens dismissed from the state or municipal service;
(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 280-FZ of 25.12.2008)
the conclusion of an employment contract in violation of the restrictions on engaging in certain types of labor activity established by this Code, other federal law;
(paragraph introduced by Federal Law No. 387-FZ of December 23, 2010)
in other cases stipulated by federal laws.
(the paragraph was introduced by Federal Law No. 90-FZ of June 30, 2006)
In the cases provided for by part one of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) that the employee can perform according to his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
(part two edition of 30.06.2006 N 90-FZ)
If the violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid a severance pay in the amount of the average monthly earnings. If the violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.
(Part three edition of 30.06.2006 N 90-FZ)

Article 84.1. General procedure for processing the termination of an employment contract
(Introduced by Federal Law No. 90-FZ of June 30, 2006)

The termination of the employment contract is formalized by the order (instruction) of the employer.
The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction). In the event that the order (instruction) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made on the order (instruction).
The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but, in accordance with this Code or other federal law, he retained his place of work (position).
On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Article 140 of this Code. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
An entry in the work book on the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.
In the event that on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for a work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of the termination of labor relations upon dismissal of an employee on the grounds provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman, the term of the employment contract with which was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Article 261 of this Code. At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.
(Edition of 29.06.2015 N 201-FZ)

It should be borne in mind that the grounds for dismissal may be provided for:

• the Labor Code of the Russian Federation (Articles 77 - 84.1 of the Labor Code of the Russian Federation);
• federal laws (for example, when terminating an employment contract with a lifeguard);
• with certain categories of workers - an employment contract (in relation to the director, the worker - "homeworker" and some other categories of persons).

The relationship between the employee and the employer is regulated by a special set of rules, which are presented in the Labor Code of the Russian Federation. Federal Law 197, or the law on labor in the Russian Federation, is a fundamental document along with the federal laws of the Russian Federation. The conditions of working relations are changing, which means that the regulatory legal acts that regulate them are also changing.

The Labor Code of the Russian Federation was adopted by the State Duma on December 21, 2001. Received approval by the Federation Council 5 days later, namely, on December 26, 2001.

Consists of 6 parts, each of which includes several sections (14), divided into chapters (62).

So, the Labor Code of the Russian Federation regulates:

• Basic provisions - goals and objectives.
• Principles governing labor relations.
• the basis for such a relationship.
• Types of partnerships.
• The term, content and concept of the employment contract.
• The age at which it is permissible to conclude a contract.
• Situations in which the working relationship must be terminated.
• Working time, its duration, situations when the rights of employees are violated and an irregular working day is established.
• Rest, its provision, punishment in case of violation of this right by the employer.
• Salary, minimum wage.
• Compensation cases.
• Guarantees for employees who combine study and work.
• Discipline, punishment in case of systematic violation of work discipline.
• Labor protection (find out what's new in labor in the Russian Federation).
• Liability of both parties to the contract.
• Activities of certain categories of workers.
• Protection of the rights and freedoms of workers.
• Participation of state bodies to resolve collective disputes at work, etc.

The objectives of the current labor law of the Russian Federation are as follows:

• guarantee of labor rights and freedoms of citizens provided by the state;
• provision of good working conditions;
• protecting the interests of workers;
• protection of the rights of the employer and his interests.

The main task of the Labor Code of the Russian Federation is to create such legal conditions that would contribute to the achievement of agreement between the interests of both parties to the working relationship. Also, 197 FZ is aimed at regulating the legal relations between workers and the employer, as well as relations on:

• organization of the work process and management of labor nuances;
• accepting an employee for a position with an employer;
• professional, career growth with this employer;
• conclusion of collective agreements with workers;
• the direct participation of employees and trade unions in ensuring decent working conditions;
• application of labor legislation in those cases that are described in the Federal Law 197 itself;
• the imposition of liability on the employee and the employer;
• control directly by the state of the application and implementation of all regulations of the law on labor activity in the Russian Federation;
• identifying and resolving disagreements in the workplace;
• provision of social insurance in cases described in Federal Law 197.

The last changes and revision of the current labor law were made on July 1, 2017. The edition and the changes made are regulated by the Federal Law on the Enactment of the Labor Code of the Russian Federation under number 139.

Recent changes in the Law on labor activity in the Russian Federation

Due to the fact that the conditions of labor relations between the employee and the employer are changing, the current Federal Laws are also changing. Thus, the latest changes in the law on labor activity in the Russian Federation were made on 01.07.2017.

The changes affected the following articles:

Article 63

In the second part of Article 63 of the current Labor Code of the Russian Federation, amendments have been made regarding persons who are over 15 years old. They have the right to conclude a contract and perform light work that will not harm their health. Those of them who decide to continue their education after completing the general educational program can also work under a contract, but if this does not harm their education and development of the program.

Part three of Article 63 of the Labor Code of the Russian Federation describes the conditions for hiring persons who are over 14 years old. With the consent of parents or guardians, they can enter into a formal contract with the employer. If they receive further education, they may be able to work in a position that requires light tasks and should not interfere with the learning of the program.

Article 92

The fourth part of Article 92 sets out the provisions regarding the work of persons who are under 18 years of age. During the year, together with their studies, they can occupy positions that will take them no more than half the time that they could spend on study.

Article 94

The second part of the article is supplemented by the provisions that persons aged between 14 and 15 may work under a contract for no more than 4 hours. In the previous version of the law, the number of hours was indicated starting from 15 years.

The third part of the article made amendments regarding the work of those who are still receiving secondary or vocational education. If they have expressed a desire to work, then by law, they are entitled to:

• 2.5 hours - age from 14 to 15 years;
• 4 hours - age from 16 to 18 years.

The main changes and amendments to the labor law in the Russian Federation affected the work of minors. The state is allowed to work officially if permission from parents and guardianship authorities is given. Work should be light, and not exceed the required number of hours.

Download 197 FZ

All articles in the Labor Code of the Russian Federation describe the procedure for labor activity, the conclusion of an agreement and the procedure for working relations between an employer and an employee. Every day there is a violation of labor laws, and citizens cannot protect themselves on their own. To do this, you must familiarize yourself with the provisions of labor law.

Each section of labor law describes what rights and obligations both sides of the work process have. In case of violation of one of the parties of their duties, or in case of abuse of power by the authorities, punishment is due according to the regulations. These may be fines, depending on the situation.

Each of the parties to the labor process bears financial responsibility. In the event that an employee damaged the property of the employer, according to the law, he will pay a fine, or it will be deductions from wages, deprivation of bonuses, etc.

Such nuances are described in the labor law, so it is proposed to familiarize yourself with it in more detail.

You can download the Labor Code in the new edition and with the latest changes at