The significance of the acts of the international Labour organization for the Russian legal system

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The significance of the acts of the international Labour organization for the Russian legal system

Pereverzev Leonid Alekseevich 3rd year student Belgorod State National Research University

Abstract

The article is devoted to determining the significance of the acts of the International Labour Organization for the Russian legal system. The scientific article analyzes some ILO conventions ratified by the Russian Federation and provides specific examples of the implementation of the norms of international treaties of the Russian Federation into the national legal system. ILO Conventions No. 122,132,175 are used as examples. labour organization legal system

Keywords: acts of the International Labour Organization, legal system, legal system, generally recognized principles, international treaties of the Russian Federation, the meaning of ILO acts.

Переверзев Леонид Алексеевич Студент 3 курса

Белгородский государственный национальный исследовательский

университет labour organization legal system

ЗНАЧЕНИЕ АКТОВ МЕЖДУНАРОДНОЙ ОРГАНИЗАЦИИ ТРУДА ДЛЯ РОССИЙСКОЙ ПРАВОВОЙ СИСТЕМЫ

Аннотация

Статья посвящена определению значения актов Международной организации труда для российской правовой системы. В научной статье проанализированы некоторые конвенции МОТ, ратифицированные Российской Федерацией, и приведены конкретные примеры имплементации норм международных договоров РФ в национальную систему права. В качестве примеров использованы Конвенции МОТ № 122,132,175.

Ключевые слова: акты Международной организации труда, правовая система, система права, общепризнанные принципы, международные договоры РФ, значение актов МОТ.

One of the factors influencing the formation of the Russian legal system is the generally recognized principles and norms of international law. The purpose of this study is to identify the impact of acts of the International Labour Organization on the Russian legal system, and, above all, on the system of legal regulation of labor relations.

The possibility of applying generally recognized principles and norms of international law is due to the effect of the formal legal rule provided for in Part 1 of Article 15 of the Constitution of the Russian Federation, which states that such principles, as well as norms of international law and international treaties of the Russian Federation are part of its legal system [1]. This rule implies that the Russian legal system is a complex symbiosis of rules of conduct, which includes not only the norms of national law, but also the norms of international law.

Article 10 of the Labor Code of the Russian Federation, corresponding to Part 4 of Article 15 of the Constitution of the Russian Federation, reflects a similar procedure for applying generally recognized principles and norms of international law, as well as international treaties in regulating labor relations [3]. The inclusion of the provision in question in the Labor Code of the Russian Federation demonstrates the continuity of legal regulation in the basic law of the Russian state and sectoral legislation, the supremacy of the Russian Constitution and its importance in the legal system of Russia.

Due to the effect of the analyzed provision, Russian labor law was gradually formed under the influence of international labor standards. In modern times, generally recognized principles and norms of international law "serve as an important guideline and a powerful incentive in the development of domestic legislation ..." [5, p. 52], through the implementation of international rules of conduct, it becomes possible to improve the national system of legal regulation of public relations. The focus on the application of international standards in the field of labor makes it possible to solve accumulated national problems, since the development of international standards was carried out on the basis of analysis and practice of overcoming accumulated problems of States in the field of human rights protection at work and labor protection.

The activities of the International Labour Organization have had an important impact on the formation of the Russian legal system. Since the middle of the 20th century, the International Labour Organization (hereinafter - the ILO) has been functioning as an international organization for the protection of social rights at work. The ILO's main positions in the field of international labour law have been expressed in conventions and recommendations developed by it. The Russian Federation has assumed the fulfillment of international obligations, including those arising from membership in the ILO, as the legal successor of the USSR.

For example, the Russian Federation ratified the International Labour Organization Convention No. 122 on Employment Policy (Geneva, July 9, 1964) [2], which provides for the obligation of the participating States to implement policies in the State aimed at promoting full and productive employment. The requirement in question is reflected in the legislation of the Russian Federation as follows. In particular, Article 6 of the Federal Law of December 12, 2023. No. 565 - FZ "On Employment of the population in the Russian Federation" provides for a number of directions of state policy in the field of employment of the population of the Russian Federation, in particular, assistance to citizens in finding work, the implementation of measures that promote employment [6].

In order to ensure the implementation of the requirements of ILO Convention No. 122, it is necessary to implement appropriate measures in this direction. In order to promote employment in the Russian Federation, employment legislation provides for the implementation of a number of measures aimed at increasing employment, in particular, the employment of minors aged 14 to 18, the organization of paid public works, the organization of temporary placement of the unemployed, etc. (Article 28 of Federal Law No. 565-FZ of December 12, 2023 "On employment in the Russian Federation"). Thus, despite the fact that in 2023 the ILO ceased cooperation with the Russian Federation and a new federal legislative act in the field of employment was adopted, the implementation of state policy aimed at promoting employment continues.

The Russian Federation is not a party to the International Labour Organization Convention No. 168 on the Promotion of Employment and Protection against Unemployment (Geneva, June 21, 1988), however, one of the directions of State employment policy is assistance in finding suitable work. This example demonstrates that some ILO acts have not become part of the Russian legal system, but the Russian state "applies extensive experience in solving employment problems, which has a beneficial effect on building state policies in the field of employment promotion" [7, p. 99].

In 2011, the International Labour Organization Convention No. 132 on Paid Leave entered into force for the Russian Federation, which obliges the States parties to the Convention to guarantee the provision of annual paid leave to employees, the minimum duration of which is determined by the norms of national law [3]. ILO Convention No. 132 also further establishes the necessary minimum duration of annual paid leave, which may not be less than three working weeks in one year of work.

In the Labor Code of the Russian Federation, a separate block of norms is devoted to the regulation of vacation (Chapter 19). In the Russian Federation, the provision of annual basic paid leave is guaranteed, which cannot be less than 28 calendar days (Article 115 of the Labor Code of the Russian Federation). At the same time, in cases provided for by law, individual employees may be granted annual paid leave in excess of the specified duration. St. 5 of the commented Convention also provides for the right of States to establish minimum periods of work, after which an employee has the opportunity to exercise the right to rest. In Russian legislation, this aspect has found the following expression. In particular, Article 122 of the Labor Code of the Russian Federation provides for a six-month period, after which an employee has the right to exercise his right to use annual paid leave for the first year of work. Article 114 of the Labor Code of the Russian Federation also corresponds to the requirement. Provided by art . 7 of Ilo Convention No. 132, which obliges States parties to provide rules according to which an employee's annual leave is paid, and the employee must receive his regular or average salary.

Thus, it can be concluded that the Russian Federation fulfills the requirement of ILO Convention No. 132, which provides for a rule on granting employees annual paid leave of a fixed duration, as well as a restriction on the exercise of the right to annual paid leave if a minimum period of work is adopted.

Also, the ILO acts that have become part of the Russian legal system include the International Labour Organization Convention No. 175 on Part-time work [4]. In accordance with the provisions of ILO Convention No. 175, part-time workers should be guaranteed the same protection conditions as employees whose working conditions are related to the performance of a full-time work function. At the same time , art . 5 of the said Convention allows that when working part-time, such workers should be paid wages that would be less than those of those workers who work full-time. The analyzed provisions of ILO Convention No. 175 have found the following response in Russian labor legislation. So, first of all, it must be stated that the Labor Code of the Russian Federation reflected the institution of part-time work, regulating the specifics of the exercise of a labor function under part-time conditions (Article 93 of the Labor Code of the Russian Federation). In addition, a special procedure for calculating wages for part-time workers has been established, in accordance with which wages are calculated in proportion to the time worked.

It is also necessary to comment on the implementation by the Russian Federation of the International Labour Organization Convention No. 29 on Forced or Compulsory Labor, which was ratified by the USSR, but the Russian Federation assumed obligations to implement it as a legal successor. Convention No. 29 is devoted to the prohibition of forced labor. The eradication of forced labor in all spheres of human activity took place within the framework of a trend towards increasing the importance of fundamental human rights and freedoms. The use of forced human labor contradicts the essential nature of man and his legal position as a free person.

The analyzed list of ILO conventions that have been ratified by the Russian Federation demonstrates that the Russian Federation sought to accede to most of these documents, therefore more importance is attached to ILO conventions and recommendations for regulating labor relations in the Russian Federation. The ILO conventions ratified by the Russian state have significantly influenced the appearance and content of the main institutions of Russian labor law. The general obligation of these international documents required strict compliance with the provisions of the ILO conventions and bringing national law into line with international principles of regulation of labor relations.

References

1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (subject to amendments made by the Laws of the Russian Federation on Amendments to the Constitution of the Russian Federation dated 12.12.2008 No. 6-FKZ, dated 12/30/2008 No. 7-FKZ, dated 02/05/2014 No. 2-FKZ, dated 07/01/2020 No. 11-FKZ) // Collection of Legislation of the Russian Federation. - 2020. - No. 31. - Article 4398.

2. Convention of the International Labour Organization No. 122 on Employment Policy (Geneva, July 9, 1964) // Vedomosti of the Supreme Soviet of the USSR. 1967. No. 45. Article 608.

3. International Labour Organization Convention No. 132 on Paid Holidays (revised in 1970) (Geneva, June 24, 1970) // Collection of Legislation of the Russian Federation. 2011. No. 51. Article 7451.

4. Convention of the International Labour Organization No. 175 on part-time work (Geneva, June 24, 1994) // Collection of legislation of the Russian Federation. 2019. No. 45. Art. 6278.

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