From the methods of regulation inherent in labor law, it follows that the prevailing place among its sources is occupied by laws and collective agreements. The ratio between them largely depends on national specifics. labor law. If in the countries of continental Europe (France, Germany, Italy, Belgium) traditionally the leading role was played by legislation, then in the UK until the 60s, and in the USA until the 30s of the 20th century, collective agreements prevailed among the sources of labor law.
In recent decades, there has been an increase in the role labor law in Anglo-Saxon countries and collective agreements in most European continental countries. In some, such as France, the role of collective agreements has moved closer to labor law, and in Denmark and Switzerland, the role of collective agreements has taken precedence over that of labor law. The situation is specific in the Scandinavian countries, where important role Collective agreements play a role (especially the main agreements between national organizations of trade unions and employers), but most of them have developed labor legislation.
General historical trend in the development of two methods of legal regulation labor relations, as follows from the data presented, is as follows: in those countries where collective agreements traditionally prevailed, labor legislation began to actively develop, which in some areas supplanted collective agreements. And where previously labor legislation prevailed, collective-contractual regulation of labor has become significantly more active. Kiselev I.Ya. Comparative and international labor law. M., 2013. P.16.
Another feature: not only a certain ratio, combination, but also a close interweaving of laws and collective agreements. It has reached such a degree that in some countries (France, Italy, the Federal Republic of Germany) laws are in some cases reproduced almost without changing the provisions of collective agreements; Collective agreements are used as acts of application of laws. Often, this or that innovation is initially fixed in collective agreements, and then becomes universal in a legislative act (the so-called contract law).
The trend towards convergence of legislation and collective agreements is evidenced by the conclusion of tripartite agreements with the participation of the state, entrepreneurs and trade unions. Such agreements usually formalize nationwide political decisions global character, in particular in the field wages, hours of work, employment.
In most Western countries, constitutions either do not contain norms directly related to labor at all (for example, in the USA), or include only separate norms of this kind (in Germany, Denmark, Norway). At the same time, in the constitutions adopted after the Second World War on the crest of a revolutionary upsurge and influenced by the ideological positions of the labor and trade union movement, there is a wide range of socio-economic rights, including in the field of labor (for example, in Italy, France, Spain, Portugal ). Germany and Spain are declared in their constitutions to be welfare states. Kiselev I.Ya. Comparative and international labor law. M., 2013. P.18.
It should be noted the important role executive bodies states in law-establishing and law enforcement activities in the field of labor, as well as the presence in this area in some countries (France, Italy) of delegated legislation, i.e. acts having the force of law adopted by executive authorities (president, government) on behalf of parliament. At the same time, the role of parliaments in issuing the most important acts of labor legislation is very significant, and the number of labor laws in most countries is large and tends to grow.
At present, the only country where the main source of labor law belongs to compulsory decisions of arbitration bodies is Australia. In other countries, the role of decisions of arbitration bodies is insignificant.
The role of labor customs, rules of internal work schedule, and at the same time, the importance of ratified international conventions by labor. In some countries they take precedence over domestic legislation.
Employment contract is considered as a source of labor law in those countries (for example, in Denmark) where labor legislation plays a relatively small role, and many aspects of labor relations and working conditions are established by agreement of the parties to labor contracts, including in individual labor contracts. Zhdanova A. Employment contract at the present stage of development of labor relations. // Lawyer. 2015. No. 7. P.41.
The role of the courts is especially great in the Anglo-Saxon countries, where judicial precedent is the most important source of labor law (and law in general), as well as in Germany, where the decisions of the Federal Labor Court significantly supplement insufficiently precisely and completely formulated legislative norms, especially in the field of collective labor relations. Significant role judicial practice in France, Sweden, the Netherlands.
As a rule, laws and other acts are considered as priority sources of labor law. government agencies. They establish an inviolable minimum of labor rights.
Labor agreements (collective agreements, individual labor agreements), according to the traditional, generally accepted interpretation, cannot worsen the position of an employee in comparison with the law, but they can improve it. This principle applies not only to the correlation of labor contracts with legislation. It has a universal meaning and operates in determining the relationship of all sources of labor law. Any normative act that is at a lower level in the hierarchy of sources of labor law can, as a rule, only improve the position of an employee in comparison with normative acts of a higher rank. Zhdanova A. Employment contract at the present stage of development of labor relations. // Lawyer. 2015. No. 7. P.43.
With regard to the application of labor law in time, the principle “the law does not have retroactive effect” usually applies. Thus, the adopted law is valid for the future. Employment and collective agreements are subject to the laws that were in force at the time of the conclusion of these agreements. Only laws of an explanatory nature and certain acts relating to the protection of public order that apply to labor contracts concluded before the adoption of these acts.
A feature of the form of labor law is the lack of codes of labor laws in most Western countries. The exception is France, where even before the Second World War (in 1910-1927), a commission of experts systematized labor legislation relating only to private enterprises, on the basis of which the Labor Code was created and approved by parliament. True, the term "code" in this case is not accurate. It is not codification in the traditional sense, but rather the incorporation and partial consolidation of legislation. It has not undergone any significant changes and processing; only the collection, compilation and grouping according to a certain system of normative material scattered over numerous legal acts was carried out, and by no means all of it.
In 1973, on the same basis, a new codification of labor legislation was carried out. It is envisaged that the necessary corrections and additions will be made to the Code annually. The new form of the Labor Code has the following structure. It is divided into three main parts: 1) laws, i.e. acts of parliament; 2) resolutions adopted by the government, taking into account the opinion of the Council of State; 3) simple decrees adopted by the government.
Laws define the fundamental principles of labor law. Ordinances are acts of application of laws that supplement them. Decrees clarify and detail the provisions contained in the named acts.
Each part of the Labor Code consists of nine books: labor contracts, labor regulation; employment and employment;
professional associations, representation, participation in the management of employees, forms of their interest in the activities of enterprises; labor conflicts; control over the application of labor legislation; special provisions relating to individual professions; special provisions relating to overseas departments; professional education. The book is divided into titles, chapters and articles. At the end of most books there is a special title containing rules on liability for violation of labor standards. Kiselev I.Ya. Comparative and international labor law. M., 2013. P.19.
In Canada, since 1972, the federal Labor Code has been in force, which applies to enterprises of federal significance, i.e., included in the scope federal laws. The Code is a consolidation of labor legislation.
New Zealand passed the Labor Contracts Act 1991, which partially codified labor laws. The main sections of this vast piece of legislation are codified: freedom of association, the collective agreement and the individual labor contract, individual labor disputes, strikes and lockouts, the activities of the employment court.
In countries such as the United States, Great Britain, Italy, Japan, Belgium, and the Netherlands, the issue of codifying labor legislation was not raised at all, either in theory or in practice, and in Germany, an attempt to create a labor code was unsuccessful.
So, in Western countries, the codification of labor legislation, as a rule, has not been implemented. The absence of such codification enhances the flexibility and lability of labor law, its dynamism and responsiveness to the needs and requirements of production, which is in the interests of economic profitability, greater efficiency of entrepreneurship, but at the same time weakens the security employees, complicates the perception of labor legislation, makes it difficult individual workers unfamiliar with the intricacies of jurisprudence, the application of labor standards in their own interests and in their favor.
The codification of labor legislation is a traditional demand of trade unions and left-wing political parties. But it has not been fully implemented in the West. However, at the very Lately(90s), some countries (Great Britain, Ireland) adopted consolidated parliamentary acts that systematized the basic laws that make up collective labor law. For example, in the UK in 1992, the Consolidated Law on Trade Unions and Labor Relations was adopted - an act of a codification type, which is a systematization of the norms related to trade unions, employers' organizations, collective agreements, strikes, administrative institutions operating in the field of collective labor relations. In 1996, another consolidated act was adopted - the Law on Labor Rights. In 1980, a partial codification of labor legislation was carried out in Spain.
Thus, in some countries there are tendencies towards partial codification of labor legislation, mostly in the form of consolidated acts.
P. E. Morozov, A. S. Chanyshev
Labor law of the countries of the Eurasian economic union
Tutorial
Introduction
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 appears that legal integration into EAEU countries in the field of labor law will consist in uniting the national legal systems of labor law on the basis of both identifying the general and the specific in order to further design international acts that accumulate all the 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, 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 common market 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 in the specialty "Eurasian integration"2.
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 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 .
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 to be regulated.
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, conducting collective bargaining, concluding 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 for compliance with labor legislation (including labor protection legislation) and other regulatory legal acts containing labor law norms; resolution labor disputes; mandatory 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
IN modern society topics related to labor law are very popular and relevant.
How labor law develops in Russia is known to most citizens, but foreign labor law is the opposite. The purpose of studying this topic is to familiarize with labor law abroad, namely in the countries of the European Union, Asian countries, as well as in the American states.
Migration processes are very developed in Russia, people leave for other countries to work and not only, therefore, knowledge of the labor standards of foreign countries is necessary in this case.
When writing this work, the following tasks were identified:
· Familiarization with the main normative documents EU countries, as well as American states;
· Acquaintance with the peculiarities of labor relations in Asian countries;
· The right to work of preferential categories of citizens.
Thus, in accordance with the goals and objectives set, one can get acquainted with the peculiarities of the organization of labor law in foreign countries.
Characteristicslabor law in EU countries
labor law foreign country
Council of Europe (CE) -- regional organization European states, established in 1949. According to the Charter, its members can be countries that are parliamentary democracies and respect the principles of pluralism and fundamental human rights and freedoms.
Today the Council of Europe is the most representative organization on the continent. It includes 41 states, including Russia (since 1996).
Regional European labor standards are enshrined mainly in two acts: the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) and the European Social Charter (1961, as amended in 1996).
Let's take a closer look at these two regulations.
Labor standards in the European Convention on Human Rights. The European Convention for the Protection of Human Rights and Fundamental Freedoms has now been ratified by almost all CE member states, including the Russian Federation.
In this Convention, two articles are devoted to labor rights. Article 4 prohibits forced or compulsory labor. However, the following are excluded from the concept of forced labor:
any work that would ordinarily be done while incarcerated by law or on parole from such imprisonment;
any service of a military nature, and in countries that recognize the refusal of persons to perform such service for political and religious-ethical reasons, the service, the performance of which is required instead of compulsory military service;
any service obligatory in cases of emergency or calamity threatening the life or well-being of the population;
any work or service that is included in ordinary civic duties.
Article 11 enshrines freedom of association, including the right to form and join trade unions to protect one's interests.
This article allows for the imposition of legal restrictions on the exercise of trade union rights by members of the armed forces, the police and government controlled. Restrictions which are provided by law and which are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of public health or morals, or for the protection of the rights and freedoms of others, are also permitted.
The European Court of Human Rights (Strasbourg), which has jurisdiction over cases related to the implementation and interpretation of the Convention, is called upon to ensure compliance with the European Convention on Human Rights. Judges are elected by the Parliamentary Assembly for 6 years.
The European Social Charter is a code of basic social and labor rights for workers. The main part of the European norms.
Annex to new edition The European Social Charter clarifies the nature of the claims of employees in the event of bankruptcy of an enterprise. These requirements may include at least:
· claims of employees regarding wages for a period of at least three months under the system of privileges and eight weeks in the presence of guarantee funds until the bankruptcy of the enterprise or termination of employment;
· Claims of employees for vacation pay falling on the year of bankruptcy of the enterprise or termination of labor relations;
· Claims by employees for other types of absence from work of at least three months under the benefit system and eight weeks under the guarantee funds before bankruptcy or termination of employment.
National laws or regulations may limit workers' claims in connection with the bankruptcy of an enterprise to a certain amount, the level of which must be socially acceptable.
Particular attention should be paid to ensuring the interests of employees in case of collective layoffs. Employers are required to inform staff in advance of upcoming collective layoffs, consult with employee representatives in order to limit or mitigate such layoffs, for example, through measures aimed at employment or retraining of laid-off workers. Employees and their representatives have the right to participate in consultations on decisions proposed by employers that may significantly affect the employment situation.
The right to fair working conditions. In order to exercise this right, it is proposed to establish a reasonable maximum working day and working week and to consistently reduce them as economic and other necessary conditions; provide weekly days off, minimum four weeks paid annual leave and additional holidays for workers engaged in hazardous and hazardous work, benefits for workers employed in night shifts; ensure that employees are informed writing as soon as possible, but in any case not later than two months after the commencement of work, on the essential aspects of the employment contract or employment relationship. The Annex to the new edition of the European Social Charter notes that national legislation may provide that this duty of information will not apply to employees who have an employment contract or have entered into an employment relationship for a period not exceeding one month and/or whose working week does not exceed 8 hours , as well as to employees who have an employment contract (labor relationship) of a random and / or specific nature, provided that the non-application of this provision is justified by objective circumstances.
1. The right to safe and healthy working conditions presupposes the development and implementation by the state of an internally agreed policy on occupational safety and health, aimed at minimizing industrial risks, issuing and enforcing safety and industrial sanitation rules, establishing industrial hygiene services with advisory and warning features.
2. The right to fair remuneration should provide workers and their families with a decent standard of living, recognize the right of men and women to equal pay for work equal value; there should be limits on deductions from wages.
3. The right to association implies the freedom of workers and entrepreneurs to form local, national and international organizations for the protection of economic and social interests and to join these organizations;
With regard to the universality of the right to association, the European Social Charter goes further than ILO Convention No. 87 and does not allow restrictions on this right in relation to police officers.
As for "forced unionism", this issue is resolved in the Charter in the same way as by the ILO control and supervision organizations (see pp. 478-479 of this book). The Appendix to the Charter states that its provisions cannot be interpreted as prohibiting or permitting "forced unionism".
The right of workers' representatives in the undertaking is to enable them to carry out their functions quickly and effectively, taking into account the system of industrial relations in each country and the size, capacity and needs of each undertaking. These rights must include effective protection against actions directed against them by the administration, including dismissal for public activities.
The right to collective bargaining involves the promotion of consultation between workers and employers, the creation of a collective bargaining mechanism to regulate labor through collective agreements, the promotion of conciliation and voluntary arbitration to resolve labor disputes.
The right of workers and entrepreneurs to collective action. In the event of a conflict of interest, the right of workers and employers to collective action, including the right to strike, should be recognized, unless this right is limited by a social peace obligation included in a collective agreement. Thus,
The protection of youth labor involves the inclusion in national legislation of provisions for a minimum age of admission to work at 15 years, with the exception of children employed in specifically named light work in national laws that cannot harm their health, morals or education. According to the Annex to the new edition of the European Social Charter, it is possible to provide in national legislation that young people who have not reached the minimum age for admission to work may work to the extent that it is absolutely necessary for them
The minimum age for admission to dangerous and harmful work-- 18 years; reduced hours of work, prohibition of night work (with the exception of certain types of work in accordance with national legislation), regular medical examinations, special protection against physical and moral dangers arising from labor activity.
The rights of pregnant women and mothers include at least 14 weeks of maternity leave from social security or public funds, prohibition of engaging in dangerous, harmful, hard work, regulation of night work, prohibition layoffs of pregnant women and mothers until the end of maternity leave; additional breaks for women with infants to feed them.
Right to vocational guidance involves the creation of a free public service designed to help young people and adults solve the problems of professional choice and professional career.
The right to vocational training presupposes the formation by the state of a system of technical and vocational education, encouragement and support of industrial apprenticeships and other ways of teaching boys and girls, the creation of special educational institutions for the retraining of workers, necessary in connection with technological development or new trends in the field of employment;
Support for apprenticeships and other ways of systematic training for boys and girls; inclusion in normal work time time additional training employee at the initiative of the entrepreneur.
The rights of persons with disabilities imply the obligation of the state to actively promote the employment of persons with disabilities.
The right of migrant workers to assistance and protection implies, in particular, the establishment of wages and other working conditions for them no less favorable than for local workers; granting migrant workers the right to join trade unions and enjoy the benefits of collective bargaining regulation of labor on an equal basis with local workers; allow, within the limits specified by law, the transfer to the homeland of a certain part of the wages and other incomes of migrant workers; prevent the expulsion of migrant workers lawfully present in the host country unless they threaten national security, public interest or public morals.
The right of workers to information and consultation implies the right of workers and their representatives to be regularly and fully informed about the economic and financial position enterprises, to participate in consultations on decisions proposed by the administration that may significantly affect the interests of employees.
The right of workers to participate in the determination and improvement of working conditions and production environment involves the participation of employees and their representatives in determining and improving working conditions and organization, in ensuring occupational safety and health, and in organizing social and consumer services for employees.
The right of workers to protect their dignity at work. This new in the world practice right of workers implies the duty of the state to contribute to the cessation of sexual harassment, as well as bullying, insulting, aggressive actions against individual workers in the workplace or in connection with work and take the necessary measures to protect workers from such activities.
The right of workers with family responsibilities implies the prohibition of discrimination against such workers and the obligation of the state to provide them with the opportunity to enter and remain employed, as well as to resume work after a break caused by the need to fulfill family responsibilities; take into account the specific needs of these workers when determining working conditions; provide that family responsibilities as such cannot be considered as a valid reason for dismissal.
The Annex to the new edition of the European Social Charter states that this right applies to workers, men and women who have family responsibilities in relation to their dependent children, as well as other immediate family members who clearly need their help and care, when these responsibilities limit their ability to participate and succeed in economic and productive activities.
In the field of labor and labor relations in the 15 countries that make up the European Union (EU), not only national labor law applies, but also relatively numerous and diverse norms adopted at the EU level by its bodies.
EU labor standards were created gradually, as Western European integration developed.
The 1957 Treaty of Rome on the Establishment of the European Economic Community (EEC) defined the framework for the law-making activities of the EEC in the field of labor and labor relations and established labor standards that became the foundation of European labor law.
The EEC norms related to labor migration and the situation of migrant workers (Art. 7, 48-51), equal pay for men and women for equal work (Art. 119), safety and industrial sanitation (Art. 118), paid holidays (Art. .120).
The Treaty of Rome recorded the consent of the EEC member states to take measures to improve the living and working conditions of workers, to harmonize the relevant national legislation (Article 117) and singled out social issues which are of paramount importance for European integration. These include employment, labor law and working conditions, accident prevention and occupational diseases, industrial sanitation, the right to association and collective agreements (art. 118).
Among the most important goals, the Treaty of Rome proclaimed the convergence of the legislation of the EEC member states (Articles 100, 235).
The Single European Act (1987), which amended and supplemented the Treaty of Rome, expanded the competence of the EU in the field of labor law.
Labor Law KChina and Vietnam Labor Code
The development of labor law in China and Vietnam in the 1990s was marked by "socialist modernization" aimed at forming a "socialist market economy".
In both countries, many features of the previously established economic, political and legal system have been preserved to the present (the predominance of state property; the leading role of the communist parties; the monopoly position of united trade unions, which perform a number of functions characteristic of trade unions in socialist countries; absence or severe restrictions on the right to strike). But at the same time, in the new labor laws and especially in the new codification acts: the Labor Law of the People's Republic of China (hereinafter LTA) and the Labor Code of the Socialist Republic of Vietnam, adopted almost simultaneously in 1994 and entered into force on January 1, 1995, trends appeared testifying to the desire to form national systems of labor law modern type, corresponding to the universally recognized principles and norms of international labor law, UN and ILO standards1 and taking into account the imperatives of the emerging market economy in these countries.
By the beginning of 1998, China had ratified 18 and Vietnam ratified 12 ILO conventions.
In the structure and content of the new codification acts on labor in China and Vietnam, one can find similarities with the Soviet codes of labor laws. At the same time, socialist components are most present in collective labor law, as well as in separate formulations that reflect the ideology prevailing in these countries (“remuneration according to work”, “labor competition”, “needs of a socialist market economy”, “stimulation of exemplary work”, "participation of workers in social voluntary work").
In the regulation of individual labor relations, borrowing is noticeable Western experience. This is especially true for Vietnam.
In 1986, four Provisional Rules for the regulation of labor relations in the public sector were issued: on labor contracts; about employment; about dismissals in connection with violations of labor discipline; about unemployment insurance.
A continuation of legislative reforms in the 1990s in China was the adoption of the Law on Trade Unions of 1992, the Law on Occupational Safety in Mines of 1992, the Law on Safety and Industrial Sanitation of 1993, and a number of other regulations related to individual labor institutions. law (for example, the Rules for establishing the state minimum wage 1993, the Rules on the procedure for resolving labor disputes 1994).
The Labor Law of 1994 summed up the results of the first stage of labor law reforms and at the same time created the basis for further development labor legislation. Over the next few years, China is expected to adopt a package of new laws to supplement and detail the Labor Law. Among the acts being developed are laws on labor contracts, employment facilitation, labor protection, working conditions, wages, working hours, labor disputes about social insurance.
The Labor Law (LL) of the PRC consists of 107 articles grouped into 13 chapters: general provisions; promotion of employment; labor and collective agreements; working time and rest time; wage; safety precautions and industrial sanitation; special labor protection for women and youth; professional education; social insurance and welfare; labor disputes; supervision and control over compliance with the law; liability for violation of the law; transitional provisions.
The Labor Code of Vietnam consists of 198 articles grouped into 17 chapters: general provisions; employment; professional education; employment contract; collective agreement; wage; working time and rest time; labor discipline and responsibility of employees for damage caused to the property of the enterprise; safety precautions and industrial sanitation; women's labor; youth labor and the peculiarities of labor regulation of some other categories of workers;
The objectives of labor law are most clearly stated in the Chinese Labor Law: "Protect the legitimate rights and interests of workers, shape labor relations in accordance with the needs of the socialist market economy, promote economic development and social progress."
An employment contract for FDI must be concluded in writing. All FDI employment contracts must be submitted to the labor department of the local government for approval within one month of signing.
The collective agreement must be registered with the local administration. It enters into force if, within 15 days after receipt of this agreement, the local administration does not raise objections to it.
Employment contracts in China and Vietnam are concluded in writing.
In Vietnam, verbal agreements are allowed temporary work duration of less than three months and in respect of homework. The legislation of both countries determines the mandatory content of the employment contract.
According to the Labor Code of the People's Republic of China, an employment contract must necessarily fix the following elements: term, content of labor activity; safety and working conditions; wages; labor discipline; termination conditions; responsibility for non-compliance with the terms of the contract. The parties to an employment contract may include provisions regarding the protection of trade secrets.
In the People's Republic of China and Vietnam, employment contracts are concluded for a fixed period (in Vietnam, up to three years), for an indefinite period, and for the period of performance of a specific job. In China, if an employee has worked for specific enterprise ten years, having a contract for a fixed period, the enterprise is obliged, at the request of this employee, to conclude an agreement with him for an indefinite period.
In China, employees have the right to terminate an employment contract by notifying the administration in writing 30 days in advance. Employees have the right to terminate the employment contract immediately in the following cases: during the probationary period; if the enterprise forces the employee to work by resorting to violence, intimidation or unlawful restriction of personal freedom; in case of non-payment of wages to the employee and failure to provide him with working conditions in accordance with the employment contract.
Dismissals of employees at the initiative of entrepreneurs are allowed in both countries with a warning (in the PRC - 30 days in advance, in Vietnam - 30-45 days in advance) or without warning and only upon good reasons listed in the law.
The Vietnamese Labor Code states that if an employee is illegally fired, he must be reinstated with compensation for the entire period of forced absenteeism. If the employee does not want to continue working, the employment contract with him can be terminated, but he has the right to receive additional compensation in the amount of half a month's wages for each year of work at this enterprise.
Labor discipline is regulated in particular detail in the Labor Code of the Socialist Republic of Vietnam. The labor schedule is determined by the internal labor regulations. They must be valid at all enterprises with more than 10 employees and cannot contradict the law.
The internal labor regulations should regulate the following issues: working hours and rest breaks; organization of work at the enterprise; occupational safety and health; protection of property, technological and business secrets of enterprises; disciplinary offenses and types of responsibility for them; types of material liability of employees for damage caused to the property of the enterprise.
In Viet Nam, a lunch break of at least 30 minutes has been established. (on night shifts - 45 minutes) is included in working hours and paid. An inter-shift rest break cannot be less than 12 consecutive hours, and a weekly rest break cannot be less than 24 hours. In special cases, when it is not possible to provide an employee with weekly rest breaks, the employer is obliged to provide employees with at least 4 rest days per month. The basic annual paid leave in Vietnam is 12 working days (14-16 working days for hard and harmful conditions labor).
The Vietnamese Labor Code regulates strike action by workers. The decision to strike can be taken by the trade union body, provided that the strike is approved by the majority of the labor collective by secret ballot. Strikes are prohibited in certain enterprises related to defense complex and to public services, according to the list approved by the government.
Strikes that do not arise from collective labor disputes and go beyond the scope of labor relations, as well as strikes involving employees of more than one enterprise, are recognized as illegal. If a strike poses a serious threat to the national economy or public safety, the head of government may decide to stop or suspend it. Decisions on the recognition of strikes as illegal fall within the competence of the People's Court.
In conclusion, I would like to note the peculiarity of the labor legislation of the PRC - great attention, which is given to the responsibility of entrepreneurs for violation of the labor rights of employees, and the specific nature of this responsibility. Yes, ch. 12 of the Labor Law of the People's Republic of China contains detailed rules (17 articles) on liability for violation of certain provisions of this Law. Provided different kinds liability, including criminal liability.
labor standards orgthe downgrading of the American states
Labor standards of the Organization of American States (OAS) are enshrined in a special Protocol of 1988 to the American Convention on Human Rights of November 22, 1969. The Protocol obliges states to take the necessary measures, taking into account their real capabilities and level of economic development, for the gradual realization of the following social and labor rights : the right to work; the right to just and satisfactory working conditions; trade union rights; the right to strike; rights and interests of older workers and disabled people.
Labor standards of the Organization of African Unity. The Organization of African Unity (OAU) adopted in 1981 the African Charter on the Rights and Freedoms of Man and Peoples. It enshrines the right to association, the right to just and favorable working conditions, the right to equal pay for equal work; forced unionism is prohibited.
A commission has been set up to implement the Charter, which considers complaints about its violations, including individual ones.
Labor standards of the Arab Labor Organization. The Arab Labor Organization (ALO) has existed since 1965 as a specialized institution of the League of Arab Countries and unites 13 states.
AOT adopted Arab Labor Charter (1965), Arab Labor Standards Convention 1966 (revised 1976)
The Organization for Economic Co-operation and Development (OECD) brings together 29 of the most industrialized countries on various continents.
According to the OECD Treaty of December 14, 1960, main task this Organization is to unite efforts various states to reach the highest possible level economic growth and employment, ensuring an increase standard of living of the population of the OECD member states while maintaining financial stability and thus contributing to the development of the world economy.
The Guidelines are addressed to multinational enterprises (transnational corporations) operating in OECD member countries and to relevant governments. However, this act already has practical value for our country, given the ever-increasing number of foreign enterprises - branches of TNCs operating in the territory of the Russian Federation.
The special chapter "Employment and industrial relations" establishes rules relating to labor and industrial relations. According to these rules, transnational corporations (TNCs) are required to fulfill the following obligations within the framework of the law, regulations and prevailing practice in the field.
Conclusion
This work gives a general description of labor law in the EU, Asia and the American states.
It can be concluded that, in general, the labor law of these countries is largely similar and has the same legal framework.
However, each country has its own characteristics that should be taken into account when applying for a job in a foreign organization.
I would also like to note that, thanks to the material studied, it is possible to compare labor law with Russian law and draw parallels.
Literature
1. Kiselev I.Ya. Foreign labor law// Textbook for universities. - M: Publishing group NORMA-INFRA. M, 1998. - 263s.
2. International protection human rights and freedoms: Sat. documents. M., 1990
3. Social human rights: Documents and materials of the Council of Europe. Ch. I and II. M., 1996
5. Program "Consultant plus" http://www.consultant.ru
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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 the real wages of workers and employees, and to raise 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 have been put into effect on the 8-hour working day, with its reduction for adolescents, in jobs with harmful working conditions 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 perform 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 Soviet legislation, pays Special attention providing strong guarantees to protect 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: the development of internal labor regulations at 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, an increase in wages was carried out, taking into account the real economic possibilities of the state and the need to eliminate abnormal ratios in the wages of workers. 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. The all-round support and disinterested assistance of the mighty Soviet Union is 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.
a major role in the socio-political, economic and cultural life of the people's democracies and in legal regulation labor play free democratic trade unions. The role of trade unions in the transformation of economic, political and social 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. Their financial base is 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 measures and safety measures, 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.
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