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Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (Labor Code of the Russian Federation) (with
changes and additions)
With changes and additions from:
24, 25 July 2002, 30 June 2003, 27 April, 22 August, 29 December 2004, 9 May 2005, 30
June 18, December 30, 2006, April 20, July 21, October 1, 18, December 1, 2007, February 28, 22,
July 23, December 25, December 30, 2008, May 7, July 17, 24, November 10, 25, 2009, July 27, December 23, 29
2010, June 17, July 1, 18, 19, November 7, 21, 22, 28, 30, December 7, 2011, February 29, April 1, 23,
July 28, November 12, December 3, December 29, 2012, April 5, May 7, June 7, July 2, 23, November 25, 28
December 2013, 2 April, 5 May, 4, 28 June, 21 July, 4, 24 November, 1, 22, 29, 31 December 2014, 6
April, 2 May, 8, 29 June, 13 July, 5 October, 29, 30 December 2015, 1 May, 3 July, 28 December
2016, 1 May, 18 June, 1, 29 July, 27 November, 20, 29, 31 December 2017, 5 February, 19 July, 3
August, 3, 11 October, 27 December 2018, 1 April, 26 July, 2 August, 12 November, 2, 16 December
2019, 24 April, 25 May, 13, 31 July, 9 November, 8, 29 December 2020, 9 March, 5, 20, 30 April
2021 g.

Adopted by the State Duma on December 21, 2001
Approved by the Federation Council on December 26, 2001
GUARANTEE:

See comments to this Code
On the application of this Code by the courts, see the resolution of the Plenum of the Armed Forces of the Russian Federation of 17
March 2004 N 2
Part one

Section I. General Provisions
GUARANTEE:

Cm. commentary on section I
Chapter 1. Basic principles of labor legislation

Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 1 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 1. Goals and objectives of labor legislation
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 1 of the Labor Code of the Russian Federation
The purposes of labor legislation are to establish state
guarantees of labor rights and freedoms of citizens, creation of favorable working conditions,
protection of the rights and interests of employees and employers.
The main tasks of labor legislation are to create
the necessary legal conditions to achieve optimal alignment of interests
parties to labor relations, the interests of the state, as well as legal regulation
labor relations and other relations directly related to them on:
labor organization and labor management;
employment with this employer;
training and additional professional education of employees
directly from the given employer;
social partnership, collective bargaining, conclusion

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collective agreements and agreements;
the participation of workers and trade unions in the establishment of working conditions and
application of labor legislation in cases provided by law;
material liability of employers and employees in the labor sphere;
state control (supervision), trade union control over compliance
labor legislation (including labor protection legislation) and other
regulatory legal acts containing labor law norms;
the resolution of labor disputes;
compulsory social insurance in the cases provided for
federal laws.
Information about changes:

Federal Law No. 358-FZ of November 24, 2014 into Article 2 of this Code
changes made
See the text of the article in the previous edition
Article 2. Basic principles of legal regulation of labor relations and
other directly related relations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 2 of the Labor Code of the Russian Federation
Based on the generally recognized principles and norms of international law and in
in accordance with the Constitution of the Russian Federation, the basic principles of legal
regulation of labor relations and other directly related to them
relations are recognized:
freedom of work, including the right to work that everyone freely chooses or
to which he freely agrees, the right to dispose of his abilities for work,
choose a profession and occupation;
the prohibition of forced labor and discrimination in the world of work;
protection from unemployment and assistance in finding a job;
ensuring the right of every employee to fair working conditions, including
including working conditions that meet the requirements of safety and hygiene, the right to
rest, including limitation of working hours, provision of daily rest,
weekends and non-working holidays, paid annual leave;
equality of rights and opportunities for workers;
ensuring the right of every employee to timely and in full
payment of fair wages that ensure a decent human being
existence for himself and his family, and not lower than the established federal
minimum wage law;
ensuring equal opportunities for workers without any discrimination at
promotion at work, taking into account labor productivity, qualifications and experience
work in the specialty, as well as training and additional professional
education;
ensuring the right of workers and employers to associate to protect
their rights and interests, including the right of workers to form trade unions
and to join them, the right of employers to create associations of employers and
join them;
ensuring the right of employees to participate in the management of the organization in
envisaged law forms;
a combination of state and contractual regulation of labor relations and
other relations directly related to them;

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social partnership, including the right to employee participation,
employers, their associations in the contractual regulation of labor relations and
other relations directly related to them;
the obligation to compensate for harm caused to the employee in connection with
the performance of his labor duties;
the establishment of state guarantees to ensure the rights of workers and
employers, the implementation of state control (supervision) over their
compliance;
ensuring the right of everyone to be protected by the state of his labor rights and freedoms,
including judicial protection;
ensuring the right to permit individual and collective labor
disputes, as well as the right to strike in the manner prescribed by this Code and
other federal laws;
the obligation of the parties to the employment contract to comply with the terms of the concluded
contracts, including the employer's right to require employees to comply with
labor duties and respect for the property of the employer and the right
employees require the employer to comply with his obligations in relation to
employees, labor legislation and other acts containing labor standards
rights;
ensuring the right of representatives of trade unions to exercise
trade union control over compliance with labor laws and other acts,
containing labor law norms;
ensuring the right of workers to protect their dignity during labor
activities;
ensuring the right to compulsory social insurance of employees.
Information about changes:

Federal Law No. 409-FZ of December 1, 2014 into Article 3 of this Code
changes made
See the text of the article in the previous edition
Article 3. Prohibition of discrimination at work
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 3 of the Labor Code of the Russian Federation
Everyone has equal opportunities to exercise their labor rights.
No one can be limited in labor rights and freedoms or receive
any advantages depending on gender, race, skin color, nationality,
language, origin, property, family, social and official
position, age, place of residence, attitude to religion, beliefs,
belonging or not belonging to public associations or any
social groups, as well as from other circumstances not related to business
the qualities of the employee .
Establishing differences, exceptions, preferences,
as well as restricting the rights of employees, which are determined by the inherent
type of labor requirements established by federal law, or due to
special care of the state for people in need of increased social and
legal protection, or established by this Code or in cases and in the order,
which they provide, in order to ensure national security,
maintaining an optimal balance of labor resources, promoting priority
the procedure for employment of citizens of the Russian Federation and in order to solve other problems

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domestic and foreign policy of the state.
Persons who believe that they have been discriminated against in the world of work have the right
go to court with an application for the restoration of violated rights, compensation
material damage and compensation for moral damage.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 4 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 4. Prohibition of forced labor
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 4 of the Labor Code of the Russian Federation
Forced labor is prohibited.
Forced labor - performing work under threat of any
punishment (violent influence), including:
in order to maintain labor discipline;
as a measure of responsibility for participating in a strike;
as a means of mobilizing and using labor for needs
economic development;
as a punishment for the presence or expression of political views or
ideological beliefs opposite to the established political, social
or the economic system;
as a measure of discrimination based on racial, social, national
or religious affiliation.
Forced labor also includes work that the employee is forced to
execute under the threat of any punishment (violent
impact), while in accordance with this Code or other
federal laws, he has the right to refuse to comply with it, including
links with:
violation of the established deadlines for the payment of wages or payment of it
not in full size;
the emergence of an immediate threat to the life and health of the employee
due to violation of labor protection requirements, in particular, failure to ensure it
means of collective or individual protection in accordance with
established norms.
For the purposes of this Code, forced labor does not include:
work, the performance of which is stipulated by the legislation on military
duty and military service or an alternative civilian
service;
work, the performance of which is conditional on the imposition of an emergency or military
provisions in the manner prescribed by federal constitutional laws;
work performed in an emergency, that is, in the event
disasters or disaster threats (fires, floods, famines, earthquakes, epidemics
or epizootics) and in other cases endangering life or normal
living conditions of the entire population or part of it;
work performed as a result of a final court judgment
under the supervision of state authorities responsible for compliance
legislation in the execution of court sentences.

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Information about changes:

Article 5 amended from September 1, 2017 - Federal Law of July 29, 2017 N 255FZ
See previous edition
Article 5. Labor legislation and other acts containing labor norms
rights
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 5 of the Labor Code of the Russian Federation
Regulation of labor relations and other directly related to them
relations in accordance with the Constitution of the Russian Federation, federal
constitutional laws carry out:
labor legislation (including labor protection legislation),
consisting of this Code, other federal laws and laws of the subjects
Of the Russian Federation, containing the norms of labor law;
other regulatory legal acts containing labor law norms:
by decrees of the President of the Russian Federation;
by decrees of the Government of the Russian Federation and regulatory
legal acts of federal executive bodies;
regulatory legal acts of the executive authorities of the constituent entities
Russian Federation;
regulatory legal acts of local government bodies.
Labor relations and other relations directly related to them
are also governed by collective agreements, agreements and local
normative acts containing labor law norms.
Labor law provisions contained in other federal laws must
comply with this Code.
In case of contradictions between this Code and other federal
the law containing the norms of labor law, this Code applies.
If a newly adopted federal law containing labor law norms,
contradicts this Code, then this federal law applies when
subject to the appropriate changes to this Code.
GUARANTEE:

In accordance with Federal Law No. 79-FZ of July 27, 2004, the provisions
of this Code apply to relations related to the civil service, in
part not regulated by the named Federal Law
Changes to this Code, as well as suspension of its operation
provisions or the recognition of such provisions as null and void is carried out
separate federal laws. Provisions providing for the introduction
changes to this Code, suspension of its provisions or
recognition of such provisions as invalid, cannot be included in the texts
federal laws changing other legislative acts of the Russian
Federation suspending their action or declaring them invalid
or containing an independent subject of legal regulation.
Decrees of the President of the Russian Federation containing labor law norms,
must not contradict this Code and other federal laws.
Resolutions of the Government of the Russian Federation containing norms
labor law, must not contradict this Code, other federal
laws and decrees of the President of the Russian Federation.

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Normative legal acts of federal executive bodies,
containing labor law norms, must not contradict this Code,
other federal laws, decrees of the President of the Russian Federation and
regulations of the Government of the Russian Federation.
The laws of the constituent entities of the Russian Federation, containing the norms of labor law,
must not contradict this Code and other federal laws.
Regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation
Federations must not contradict this Code, other federal
laws, decrees of the President of the Russian Federation, decrees of the Government
Of the Russian Federation and regulatory legal acts of federal bodies
executive power.
Local governments have the right to adopt regulatory legal
acts containing labor law norms, within their competence in
compliance with this Code, other federal laws and other
regulatory legal acts of the Russian Federation, laws and other
regulatory legal acts of the constituent entities of the Russian Federation.
GUARANTEE:

See the diagram "Labor legislation and other acts containing labor norms
rights"
Information about changes:

Federal Law No. 347-FZ of July 3, 2016 into Article 6 of this Code
changes made
See the text of the article in the previous edition
Article 6. Delineation of powers between federal bodies
state authorities and state authorities of the subjects
Of the Russian Federation in the field of labor relations and other
directly related relations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 6 of the Labor Code of the Russian Federation
To the jurisdiction of federal bodies of state power in the field of labor
relations and other relations directly related to them include the adoption
mandatory for application throughout the territory of the Russian Federation federal
laws and other regulatory legal acts establishing:
the main directions of state policy in the field of labor relations and
other relations directly related to them;
fundamentals of legal regulation of labor relations and other directly
related relationships (including the definition of rules, procedures, criteria and
standards aimed at preserving the life and health of workers in the process
labor activity);
GUARANTEE:

On the constitutional and legal meaning of the fourth paragraph of the first part of Article 6
of this Code, see Resolution of the Constitutional Court of the Russian Federation of April 5, 2013 No.
N 7-P
the level of labor rights, freedoms and guarantees provided by the state
employees (including additional guarantees for certain categories of employees);
the procedure for concluding, changing and terminating employment contracts;
the basics of social partnership, the procedure for collective bargaining,
conclusion and amendment of collective agreements and agreements;

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the procedure for resolving individual and collective labor disputes;
the procedure for the implementation of federal state supervision over compliance
labor legislation and other regulatory legal acts containing norms
labor law;
the procedure for investigating accidents at work and professional
diseases;
the system and procedure for conducting a special assessment of working conditions and
state examination of working conditions, organization of quality control
special assessment of working conditions;
the procedure and conditions for the material liability of the parties to the employment contract, in
including the procedure for compensation for harm to the life and health of an employee caused to him in
connections with the performance of his labor duties;
types of disciplinary sanctions and the procedure for their application;
system of state statistical reporting on labor and safety issues
labor;
features of the legal regulation of labor of certain categories of workers.
State authorities of the constituent entities of the Russian Federation accept
laws and other normative legal acts containing labor law norms on
issues not attributed to the jurisdiction of federal government bodies... When
this is a higher level of labor rights and guarantees for employees in comparison with
established by federal laws and other regulatory legal acts
Of the Russian Federation, leading to an increase in budgetary expenditures or
decrease in budget revenues, provided by the budget of the corresponding
subject of the Russian Federation.
State authorities of the constituent entities of the Russian Federation on issues
not regulated by federal laws and other regulatory legal
acts of the Russian Federation, may pass laws and other regulatory legal
acts containing labor law norms. In the event of the adoption of a federal law or
another regulatory legal act of the Russian Federation on these issues, the law or
another regulatory legal act of a constituent entity of the Russian Federation is given in
compliance with federal law or other regulatory legal act
Russian Federation.
In cases where the law or other regulatory legal act of the subject of the Russian
Federation, containing labor law norms, is contrary to this Code or
other federal laws or reduces the level of labor rights and guarantees
employees established by this Code or other federal laws,
this Code or other federal law applies.
Powers of federal executive bodies in the field of labor
relations and other relations directly related to them, provided for
this Code, may be transferred for implementation to the bodies of the executive
authorities of the constituent entities of the Russian Federation by decrees of the Government of the Russian
Federation in the manner prescribed by federal law .
Article 7. Abolished .
Information about changes:

See text Article 7
GUARANTEE:

Cm. comments on article 7 of the Labor Code of the Russian Federation

Page 8

Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 8 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 8. Local regulations containing labor law norms
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 8 of the Labor Code of the Russian Federation
Employers other than employers who are individuals who are not
individual entrepreneurs, adopt local regulations,
containing labor law norms (hereinafter - local regulations), within
their competence in accordance with labor legislation and other
regulatory legal acts containing labor law norms,
collective agreements, agreements.
In the cases provided for by this Code, other federal
laws and other regulatory legal acts of the Russian Federation,
collective bargaining agreement, agreements, the employer when accepting local
of regulatory enactments takes into account the opinion of the representative body of employees (when
the presence of such a representative body).
The collective agreement, agreements may provide for the adoption
local regulations in agreement with the representative body
workers.
The norms of local regulations that worsen the situation of workers
compared with the established labor laws and other regulatory
legal acts containing labor law norms, a collective agreement,
agreements, as well as local regulations adopted without compliance
the procedure for taking into account opinions established by Article 372 of this Code
representative body of workers are not applicable. In such cases
labor legislation and other regulatory legal acts are applied,
containing labor law, collective agreement, agreements.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 9 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 9. Regulation of labor relations and other directly related
contractual relations with them
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 9 of the Labor Code of the Russian Federation
In accordance with labor legislation, the regulation of labor
relations and other relations directly related to them can be carried out
by conclusion, amendment, addition by employees and employers
collective agreements, agreements, labor contracts.
Collective agreements, agreements, labor contracts may not contain
conditions that restrict the rights or reduce the level of guarantees for workers
compared with those established by labor laws and other regulatory
legal acts containing labor law norms. If such conditions are included
in a collective agreement, agreement or employment contract, they are not subject to

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application.
Information about changes:

Article 10 amended from April 30, 2021 - Federal Law of April 30, 2021 N
110-FZ
See previous edition
Article 10. Labor legislation, other acts containing labor norms
law, and norms of international law
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 10 of the Labor Code of the Russian Federation
Generally recognized principles and norms of international law and international
treaties of the Russian Federation in accordance with The Constitution of the Russian Federation
are an integral part of the legal system of the Russian Federation.
If an international treaty of the Russian Federation establishes other
rules than those provided for by labor laws and other acts,
containing the norms of labor law, the rules of an international agreement are applied.
It is not allowed to apply the rules of international treaties of the Russian
Federation in their interpretation, contrary to the Constitution of the Russian Federation.
Such a contradiction can be established in the manner determined by the federal
constitutional law.
Information about changes:

Federal Law No. 443-FZ of December 22, 2014 into Article 11 of this Code
amended effective January 1, 2015
See the text of the article in the previous edition
Article 11. Effect of labor legislation and other acts containing
labor law
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 11 of the Labor Code of the Russian Federation
Labor legislation and other acts containing labor standards
rights, labor relations and other directly related to them are regulated
relations.
Labor legislation and other acts containing labor law norms,
also apply to other relationships involving the use of personal labor,
if it is provided by this Code or other federal law.
All employers (individuals and legal entities, regardless of their
organizational and legal forms and forms of ownership) in labor relations and other
directly related relations with employees are obliged
be guided by the provisions of labor legislation and other acts,
containing the norms of labor law.
If a relationship involving the use of personal labor arose on
on the basis of a civil law contract, but subsequently in the manner prescribed
this Code, by other federal laws, have been recognized as labor
relations, the provisions of the labor
legislation and other acts containing labor law norms.
On the territory of the Russian Federation, the rules established by the labor
legislation and other acts containing labor law norms,
apply to labor relations with the participation of foreign citizens, persons without
citizenship, organizations created or established by foreign citizens,

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stateless persons or with their participation, international organizations and
foreign legal entities, unless otherwise provided by this Code ,
other federal laws or an international treaty of the Russian
Federation.
Features of legal regulation of labor of certain categories of workers
(heads of organizations, persons working part-time, women, persons with
family responsibilities, youth and others) are established in accordance with
real The Code .
For civil servants and municipal employees, the action of labor
legislation and other acts containing labor law norms apply
with the features provided for by federal laws and other regulatory
legal acts of the Russian Federation, laws and other regulatory legal
acts of the constituent entities of the Russian Federation on public service and municipal
service.
Labor legislation and other acts containing labor law norms are not
apply to the following persons (if in the established by this Code
order, they do not simultaneously act as employers or their
representatives):
military personnel in the performance of their military service duties;
members of the boards of directors (supervisory boards) of organizations (for
the exception of persons who have entered into an employment contract with this organization);
persons working on the basis of civil contracts;
other persons, if it is established by federal law.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 12 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 12. Effect of labor legislation and other acts containing
labor law, in time
GUARANTEE:

Cm. Encyclopedias and other comments on Article 12 of the Labor Code of the Russian Federation
A law or other normative legal act containing labor law norms,
comes into force on the day specified in this law or other regulatory legal act
either in a law or other regulatory legal act that determines the procedure for introducing
action of an act of this type.
A law or other normative legal act containing labor law norms,
or some of their provisions cease to be valid due to:
expiration of the validity period;
the entry into force of another act of equal or higher legal force;
cancellation (recognition as invalid) of this act or its individual
provisions of an act of equal or higher legal force.
A law or other normative legal act containing labor law norms,
is not retroactive and applies to relations arising after its introduction into
act.
Effect of a law or other normative legal act containing norms
labor law applies to relations that arose before its introduction into
action, only in cases directly provided for by this act.

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In relations that arose before the enactment of a law or other regulatory
a legal act containing labor law norms, the specified law or act
applies to the rights and obligations arising after its introduction into force.
The validity of the collective agreement, agreement in time is determined by their
parties in accordance with this Code.
The local regulatory act comes into force from the date of its adoption by the employer.
or from the date specified in this local regulation and applies to
relations that have arisen after its introduction. In a relationship that arose before
the enactment of a local normative act, the said act applies to
rights and obligations arising after its introduction into force.
A local normative act or its individual provisions cease to be
action in connection with:
expiration of the validity period;
cancellation (invalidation) of this local normative act
or its individual provisions by another local regulatory act;
the entry into force of a law or other regulatory legal act containing
labor law, collective agreement, agreement (in the case when the specified
acts establish a higher level of guarantees for employees in comparison with
established by local regulations).
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 13 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 13. Effect of labor legislation and other acts containing
labor law, in space
GUARANTEE:

Cm. Encyclopedias and other comments on Article 13 of the Labor Code of the Russian Federation
Federal laws and other regulatory legal acts of the Russian Federation,
containing the norms of labor law, are valid throughout the territory of the Russian
Federation, if these laws and other regulatory legal acts do not provide
other.
Laws and other regulatory legal acts of the constituent entities of the Russian Federation,
containing labor law norms, are valid within the territory
the corresponding constituent entity of the Russian Federation.
Regulatory legal acts of local self-government bodies containing
labor law, apply within the territory of the relevant
municipality.
Local regulations adopted by the employer are valid in
regarding employees of this employer, regardless of the place of performance by them
work.
Article 14. Calculation of time limits
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 14 of the Labor Code of the Russian Federation
The course of the terms with which this Code associates the occurrence
labor rights and obligations, starts from the calendar date, which is determined
the beginning of the emergence of these rights and obligations.

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The course of the terms with which this Code relates the termination of labor
rights and obligations begins on the next day after the calendar date, which
the end of the employment relationship has been determined.
Terms calculated in years, months, weeks shall expire at the appropriate
date of the last year, month, or week of the term. Within a period calculated in calendar
weeks or days, non-working days are also included.
If the last day of the term falls on a non-working day, then the day of the end
term is the next working day following it.
Chapter 2. Labor relations, parties to labor relations, grounds
the emergence of labor relations

Information about changes:

Federal Law No. 116-FZ of May 5, 2014 into Article 15 of this Code
amended, effective from January 1, 2016
See the text of the article in the previous edition
Article 15. Labor relations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 15 of the Labor Code of the Russian Federation
Labor relations - a relationship based on an agreement between an employee
and the employer on the personal performance of the employee for payment of the labor function (work
by position in accordance with the staffing table, profession, specialty with
indication of qualifications; specific type of work entrusted to the employee) in the interests,
under the management and control of the employer, the employee is subject to the rules
internal labor regulations when the employer provides working conditions,
provided for by labor laws and other regulatory legal
acts containing labor law norms, collective bargaining agreements, agreements,
local regulations, employment contract.
Conclusion of civil law contracts that actually regulate
an employment relationship between employee and employer is not allowed.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 16 of this Code
amended, effective from January 1, 2014
See the text of the article in the previous edition
Article 16. Grounds for the emergence of labor relations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 16 of the Labor Code of the Russian Federation
Labor relations arise between the employee and the employer on
on the basis of an employment contract concluded by them in accordance with this
The Code.
In cases and in the manner established by labor legislation and other
regulatory legal acts containing labor law norms, or the charter
(position) of the organization, labor relations arise on the basis of labor
contract as a result:
election to office;
election by competition to fill the relevant position;
appointments or approvals;

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job assignments authorized in accordance with federal law
authorities against the established quota;
a court decision on the conclusion of an employment contract;
the seventh paragraph has ceased to be in force ;
Information about changes:

See text paragraph seven of the second part of Article 16
recognition of relationships associated with the use of personal labor and arisen on
the basis of a civil contract, labor relations.
Labor relations between the employee and the employer also arise on
on the basis of the actual admission of the employee to work with the knowledge or on behalf of
the employer or his authorized representative in the case when the labor
the contract was not properly executed.
Actual admission of an employee to work without the knowledge or order
the employer or his authorized representative is prohibited.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 17 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 17. Labor relations arising on the basis of an employment contract in
election to office
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 17 of the Labor Code of the Russian Federation
Labor relations on the basis of an employment contract as a result of being elected to
position arise if the election to the position involves the fulfillment of
an employee of a certain labor function.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 18 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 18. Labor relations arising on the basis of an employment contract in
as a result of selection by competition
GUARANTEE:

Cm. Encyclopedias and other comments on article 18 of the Labor Code of the Russian Federation
Labor relations on the basis of an employment contract as a result of election by
competition for filling the relevant position arise if the labor
legislation and other regulatory legal acts containing norms
labor law, or the charter (regulation) of the organization defines a list of
positions to be filled by competition, and the procedure for competitive selection for
these posts.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 19 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law

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See the text of the article in the previous edition
Article 19. Labor relations arising on the basis of an employment contract in
as a result of appointment or approval in office
GUARANTEE:

Cm. Encyclopedias and other comments on Article 19 of the Labor Code of the Russian Federation
An employment relationship arises on the basis of an employment contract as a result of
appointment to office or approval in office in the cases provided for
labor legislation and other regulatory legal acts containing
labor law norms, or the charter (statute) of the organization.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013, this Federal Law
supplemented by article 19.1, which shall enter into force on January 1, 2014.
Article 19.1. Labor relations arising on the basis of an employment contract
as a result of the recognition of a relationship involving the use of personal
labor and arising on the basis of a civil law contract,
labor relations
GUARANTEE:

Cm. Encyclopedias and other comments on article 19.1 of the Labor Code of the Russian Federation
Recognition of relations arising on the basis of a civil law contract,
labor relations can be carried out:
a person using personal labor and who is the customer for the specified
the contract, on the basis of a written application of an individual who is
performer under the specified contract, and (or) not appealed to the court in the established
the procedure for ordering the state labor inspector to eliminate the violation
part two of Article 15 of this Code;
court in the event that an individual who is an executor for the specified
the contract, applied directly to the court, or based on materials (documents),
directed by the state labor inspectorate, other bodies and persons,
possessing the necessary powers for this in accordance with federal
laws.
In the event of termination of relations related to the use of personal labor and
arising on the basis of a civil law contract, the recognition of these relations
labor relations are carried out by the court. An individual who was
performer under the specified contract, has the right to apply to the court for the recognition of these
relations by labor relations in the manner and within the time frames provided for
consideration of individual labor disputes.
Irremovable doubts when the court considers disputes on the recognition of relations,
arising on the basis of a civil law contract, labor relations
are interpreted in favor of the existence of an employment relationship.
If a relationship involving the use of personal labor arose on
on the basis of a civil law contract, but subsequently in the manner prescribed
parts one - three of this article, were recognized as labor relations,
such an employment relationship between the employee and the employer is deemed to have arisen
from the date of the actual admission of an individual who is an executor for
to the specified agreement, to the execution provided for by the specified agreement
responsibilities.
Information about changes:

Page 15

Federal Law No. 409-FZ of December 1, 2014 into Article 20 of this Code
changes made
See the text of the article in the previous edition
Article 20. Parties to labor relations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 20 of the Labor Code of the Russian Federation
The parties to the employment relationship are the employee and the employer.
An employee is an individual who has entered into an employment relationship with
employer.
Unless otherwise provided by this Code, other federal
by law, to enter into labor relations as employees have the right of persons who
have reached the age of sixteen years, and in the cases and in the procedure established
by this Code - also persons who have not reached the specified age.
Employer - an individual or a legal entity (organization),
entered into an employment relationship with an employee. In the cases provided for
federal laws, another entity may act as an employer,
empowered to conclude employment contracts.
For the purposes of this Code, employers - individuals
admit:
individuals registered in accordance with the established procedure as
individual entrepreneurs and those engaged in entrepreneurial
activities without forming a legal entity, as well as private notaries,
lawyers who have established lawyers' offices, and other persons whose professional
activities in accordance with federal laws are subject to state
registration and (or) licensing, entered into labor relations with employees
in order to carry out these activities (hereinafter referred to as employers individual entrepreneurs). Individuals committing in violation
the requirements of federal laws, the specified activity without state
registration and (or) licensing, entered into labor relations with employees
in order to carry out this activity are not exempt from performance
obligations imposed by this Code on employers - individual
entrepreneurs;
individuals who enter into labor relations with employees for the purpose of
personal service and assistance with housekeeping (hereinafter employers - individuals who are not individual
entrepreneurs).
The rights and obligations of the employer in labor relations are carried out:
an individual who is an employer; governing bodies of legal
persons (organizations) or persons authorized by them, other persons authorized
for this in accordance with federal law, in the manner prescribed by this
The Code, other federal laws and other regulatory legal acts
Of the Russian Federation, laws and other regulatory legal acts of the subjects
Of the Russian Federation, regulatory legal acts of local authorities
self-government, constituent documents of a legal entity (organization) and
local regulations.
They have the right to conclude employment contracts as employers
individuals who have reached the age of eighteen years, provided they have
full civil capacity, as well as persons who have not reached the specified
age, - from the day they acquired full civil capacity .

Page 16

Individuals with independent income who have reached the age
eighteen years old, but limited by the court in legal capacity , have the right with a written
consent of the trustees to enter into employment contracts with employees for personal
service and help with housekeeping.
On behalf of individuals with independent income who have reached the age of
eighteen years old, but declared incompetent by a court , their guardians may
conclude employment contracts with employees for the personal service of these
individuals and help them with housekeeping.
Minors between the ages of fourteen and eighteen, for
with the exception of minors who have acquired civil legal capacity in full
volume, can conclude employment contracts with employees if they have their own
earnings, scholarships, other income and with the written consent of their legal
representatives (parents, guardians, trustees).
In the cases provided for in parts eight to ten of this article,
legal representatives (parents, guardians, trustees) of individuals,
acting as employers have additional responsibility for
obligations arising from the employment relationship, including obligations under
payment of wages.
For the obligations of the employer arising from the employment relationship of a legal entity, subsidiary liability is borne by the owner of the property,
founder (participant) of a legal entity in cases in which federal laws
and other regulatory legal acts of the Russian Federation established
subsidiary liability of the property owner, founder (participant) for
obligations of a legal entity.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 21 of this Code
amended, effective from January 1, 2014
See the text of the article in the previous edition
Article 21. Basic rights and obligations of an employee
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 21 of the Labor Code of the Russian Federation
The employee has the right to:
conclusion, amendment and termination of an employment contract in accordance with the procedure and
conditions that are established by this Code , other federal laws;
providing him with work stipulated by the employment contract;
government workplace
labor protection and conditions stipulated by the collective agreement;
timely and full payment of wages in accordance with
their qualifications, the complexity of work, the quantity and quality of the performed
work;
rest provided by the establishment of normal working hours
time, reduced working time for certain professions and categories
employees, providing weekly days off, non-working holidays
days of paid annual leave;
complete reliable information about working conditions and labor protection requirements
in the workplace, including the exercise of the rights granted by legislation on
special assessment of working conditions;
training and additional vocational education in order,

Page 17

established by this The Code , other federal laws;
association, including the right to form trade unions and join
in them to protect their labor rights, freedoms and legal interests;
participation in the management of the organization in accordance with this Code ,
other federal laws and collective bargaining agreements;
collective bargaining and collective bargaining and
agreements through their representatives, as well as information on the implementation
collective agreement, agreements;
protection of their labor rights, freedoms and legitimate interests is not all
in ways prohibited by law;
resolution of individual and collective labor disputes, including the right to
strike, in the manner prescribed by this Code, other federal
laws;
compensation for harm caused to him in connection with the performance of labor
duties, and compensation for moral damage in the manner prescribed by this
The Code, other federal laws;
compulsory social insurance in the cases provided for
federal laws.
The employee is obliged:
conscientiously perform his labor duties assigned to him
labor contract;
comply with the internal labor regulations;
observe labor discipline;
comply with established labor standards;
comply with labor protection and labor safety requirements;
take good care of the property of the employer (including the property of third
persons staying with the employer, if the employer is responsible for
safety of this property) and other employees;
immediately inform the employer or immediate supervisor
on the occurrence of a situation that poses a threat to the life and health of people,
the safety of the employer's property (including the property of third parties,
located with the employer, if the employer is responsible for the safety
of this property).
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 22 of this Code
amended, effective from January 1, 2014
See the text of the article in the previous edition
Article 22. Basic rights and obligations of the employer
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 22 of the Labor Code of the Russian Federation
The employer has the right:
conclude , amend and terminate employment contracts with employees in the manner and
on the conditions established by this Code, other federal
laws;
collective bargaining and collective bargaining;
to encourage employees for conscientious effective work;
require employees to fulfill their labor duties and
relations with the property of the employer (including the property of third parties,

Page 18

located with the employer, if the employer is responsible for the safety
this property) and other employees, compliance with the rules of internal labor
routine;
to bring employees to disciplinary and material responsibility in
the procedure established by this Code, other federal laws;
adopt local regulations (with the exception of employers individuals who are not individual entrepreneurs);
create associations of employers for the purposes of representation and protection
their interests and join them;
create a works council (with the exception of employers - individuals
persons who are not individual entrepreneurs) - an advisory body,
formed on a voluntary basis from among the employees of this employer,
having, as a rule, achievements in work, to prepare proposals for
improvement of production activities, individual production
processes, the introduction of new technology and new technologies, increasing
labor productivity and qualifications of workers. Powers, composition, order
activities of the works council and its interaction with the employer
are established by local regulations. To the powers of the production
Council may not include issues, the solution of which in accordance with federal
the laws are referred to the exclusive competence of the management bodies of the organization, and
also issues of representation and protection of social and labor rights and interests
employees whose decision in accordance with this Code and other
federal laws are referred to the competence of trade unions,
relevant primary trade union organizations, other representatives
workers. The employer is obliged to inform the works council about
the results of consideration of proposals received from the works council, and
about their implementation;
to exercise the rights granted to him by the legislation on special
assessment of working conditions.
The employer is obliged:
comply with labor laws and other regulatory legal acts,
containing labor law norms, local regulations, conditions
collective agreement, agreements and labor contracts;
provide employees with work stipulated by the employment contract;
ensure safety and working conditions in accordance with state
regulatory requirements for labor protection;
provide workers with equipment, tools, technical
documentation and other means necessary for the execution of labor
responsibilities;
provide employees with equal pay for work of equal value;
pay in full the wages due to employees in
the terms established in accordance with this Code , the collective agreement,
the rules of internal labor regulations, employment agreements;
collectively bargain, as well as conclude a collective agreement in
the procedure established by this The Code;
provide employee representatives with complete and accurate information,
necessary for the conclusion of a collective agreement, agreement and control over their
execution;
to acquaint employees against signature with the accepted local regulatory
acts directly related to their labor activity;

Page 19

timely fulfill the orders of the federal executive body
authorities authorized to exercise federal state supervision over
compliance with labor laws and other regulatory legal acts,
containing the norms of labor law, other federal executive bodies
authorities exercising state control (supervision) in the established area
activities, pay fines for violations of labor
legislation and other regulatory legal acts containing labor standards
rights;
consider the submissions of the relevant trade union bodies, other
the representatives elected by the employees on the revealed violations of the labor
legislation and other acts containing labor law, take measures
to eliminate the identified violations and report on the measures taken to the specified authorities
and representatives;
create conditions that ensure the participation of employees in management
organization in accordance with this Code , other federal laws
and collective bargaining agreements;
provide household needs of employees related to their performance
job responsibilities;
carry out compulsory social insurance of employees in accordance with the procedure,
established by federal laws;
compensate for harm caused to employees in connection with the performance of their labor
duties, as well as to compensate for moral damage in the manner and on conditions,
which are established by this Code, other federal laws and other
regulatory legal acts of the Russian Federation;
perform other duties provided for by labor legislation, in
including legislation on the special assessment of working conditions, and other
regulatory legal acts containing labor law norms, collective
contract, agreements, local regulations and employment contracts.
Part two

Section II. Social partnership in the world of work

Information about changes:

Federal Law of June 30, 2006 N 90-FZ in the title of Chapter 3 of this
The Code has been amended to take effect 90 days after the day
the official publication of the named Federal Law
See the text of the name in the previous edition

Chapter 3. General provisions

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 23 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition

Page 20

Article 23. The concept of social partnership in the world of work
GUARANTEE:

See comments on Article 23 of the Labor Code of the Russian Federation
Social partnership in the world of work (hereinafter - social partnership) system of relationships between employees (employee representatives),
employers (employers' representatives), public authorities,
local government bodies aimed at ensuring coordination
interests of employees and employers on the regulation of labor relations
and other relations directly related to them.
Part two is no longer valid .
Information about changes:

See text part two of article 23
Federal Law of June 30, 2006 N 90-FZ into Article 24 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 24. Basic principles of social partnership
GUARANTEE:

Cm. Encyclopedias and other comments on Article 24 of the Labor Code of the Russian Federation
The main principles of social partnership are:
equality of the parties;
respect and consideration of the interests of the parties;
the parties' interest in participating in contractual relations;
assistance of the state in strengthening and developing social partnership for
democratic basis;
compliance by the parties and their representatives with labor legislation and other
regulatory legal acts containing labor law norms;
powers of representatives of the parties;
freedom of choice when discussing issues related to the sphere of work;
voluntary acceptance of obligations by the parties;
the reality of the obligations assumed by the parties;
the obligation to comply with collective bargaining agreements, agreements;
control over the implementation of the adopted collective agreements, agreements;
responsibility of the parties, their representatives for failure to comply through their fault
collective agreements, agreements.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 25 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 25. Parties to social partnership
GUARANTEE:

Page 21

Cm. Encyclopedias, positions of higher courts and other comments on article 25 of the Labor Code of the Russian Federation
The parties to the social partnership are employees and employers represented by
duly authorized representatives.
State authorities and local self-government bodies are
parties of social partnership in cases where they act as
employers, as well as in other cases stipulated by the labor
legislation.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 26 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 26. Levels of social partnership
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 26 of the Labor Code of the Russian Federation
Social partnership is carried out on:
federal level, which sets the regulatory framework
relations at work in the Russian Federation;
interregional level, which sets the regulatory framework
labor relations in two or more constituent entities of the Russian Federation;
regional level, which sets the regulatory framework
relations in the sphere of labor in the constituent entity of the Russian Federation;
the sectoral level at which the regulatory framework is established
labor relations in the industry (s);
territorial level, which establishes the regulatory framework
relations at work in the municipality;
the local level at which the obligations of employees are established and
employer in the world of work.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 27 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 27. Forms of social partnership
GUARANTEE:

Cm. Encyclopedias and other comments on Article 27 of the Labor Code of the Russian Federation
Social partnership is carried out in the following forms:
collective bargaining for the preparation of draft collective agreements,
agreements and the conclusion of collective agreements, agreements;
mutual consultations (negotiations) on the regulation of labor
relations and other relations directly related to them, providing guarantees
labor rights of workers and improvement of labor legislation and other
regulatory legal acts containing labor law norms;
participation of employees, their representatives in the management of the organization;

Page 22

participation of representatives of workers and employers in the permitting of labor
disputes.
Information about changes:

Article 28 modified as of May 5, 2020 - Federal Law of April 24, 2020 N 127-FZ
See previous edition
Article 28. Peculiarities of application of the norms of this section
GUARANTEE:

Cm. Encyclopedias and other comments on Article 28 of the Labor Code of the Russian Federation
Features of the application of the norms of this section to state
civil servants, municipal employees, military personnel and
paramilitary bodies and organizations, internal affairs bodies, State
fire service, institutions and security agencies, criminal
executive system, enforcement authorities, customs authorities and
diplomatic missions of the Russian Federation are established
federal laws.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ in the title of Chapter 4 of this
The Code has been amended to take effect 90 days after the day
the official publication of the named Federal Law
See the text of the name in the previous edition

Chapter 4. Representatives of employees and employers in social partnership

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 29 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 29. Employee representatives
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 29 of the Labor Code of the Russian Federation
Employee representatives in social partnership are:
trade unions and their associations, other trade union organizations,
provided for by the charters of all-Russian, interregional trade unions, or other
representatives elected by employees in the cases provided for by this
The Code.
Interests of employees in collective bargaining, conclusion
or amending the collective agreement, exercising control over its implementation, and
also when exercising the right to participate in the management of an organization, consideration
labor disputes between employees and the employer are represented by the primary trade union
organization or other representatives elected by employees.
Interests of employees in collective bargaining, conclusion
or changing agreements, resolving collective labor disputes over
concluding or changing agreements, monitoring their implementation, and

Page 23

also in the formation and implementation of the activities of regulatory commissions
social and labor relations are represented by the respective trade unions, their
territorial organizations, associations of trade unions and associations
territorial organizations of trade unions.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 30 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 30. Representation of interests of workers by primary trade union
organizations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 30 of the Labor Code of the Russian Federation
Primary trade union organizations and their bodies represent in the social
partnership at the local level, the interests of the employees of this employer,
members of the respective trade unions, and in cases and procedure that
established by this Code, - the interests of all employees of this employer
regardless of their union membership in collective bargaining,
the conclusion or amendment of the collective agreement, as well as when considering and
resolving collective labor disputes between employees and the employer.
Non-union workers may authorize a body
the primary trade union organization to represent their interests in relations with
employer on issues of individual labor relations and directly
related relations on the terms established by this primary
trade union organization.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 31 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 31. Other representatives of employees
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 31 of the Labor Code of the Russian Federation
In cases where the employees of this employer are not united in any
primary trade union organizations or none of the existing primary
trade union organizations do not unite more than half of the employees of this
employer and is not authorized in the manner prescribed by this Code,
represent the interests of all employees in social partnership at the local
level, at the general meeting (conference) of employees for the implementation of the specified
powers by secret ballot may be elected from among the employees of another
representative (representative body).
The presence of another representative cannot be an obstacle to
the exercise by the primary trade union organizations of their powers.

Page 24

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 32 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 32. Obligations of the employer to create conditions that ensure
activities of employee representatives
GUARANTEE:

Cm. Encyclopedias and other comments on Article 32 of the Labor Code of the Russian Federation
The employer is obliged to create conditions that ensure the activity
employee representatives, in accordance with labor law,
collective agreement, agreements.
Information about changes:

Federal Law No. 234-FZ of December 3, 2012 into Article 33 of this Code
changes made
See the text of the article in the previous edition
Article 33. Representatives of employers
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 33 of the Labor Code of the Russian Federation
The interests of the employer in the conduct of collective bargaining, conclusion
or amendment of the collective agreement, as well as when considering and resolving
collective labor disputes between employees and the employer represent
head of an organization, employer - individual entrepreneur (personally)
or persons authorized by them in accordance with this Code, others
federal laws and other regulatory legal acts of the Russian
Federation, laws and other regulatory legal acts of the constituent entities of the Russian
Federation, regulatory legal acts of local self-government bodies,
constituent documents of a legal entity (organization) and local
regulations.
When collective bargaining, conclusion or change
agreements, resolving collective labor disputes regarding their conclusion or
changes, as well as during the formation and implementation of the activities of the commissions for
regulation of social and labor relations, the interests of employers represent
relevant employers' associations. In case of absence on the federal,
interregional, regional or territorial level of social partnership
sectoral (intersectoral) association of employers, its powers may
carry out, respectively, all-Russian, interregional, regional,
territorial association of employers, provided that the membership of such
association meets the requirements established by federal law for
the relevant sectoral (intersectoral) association of employers.
Part three is no longer valid .
Information about changes:

See text part three of article 33
Part four is no longer valid .
Information about changes:

See text part four of article 33

Page 25

Federal Law No. 55-FZ of April 2, 2014 into Article 34 of this Code
changes made
See the text of the article in the previous edition
Article 34. Other representatives of employers
GUARANTEE:

Cm. Encyclopedias and other comments on article 34 of the Labor Code of the Russian Federation
Representatives of employers - organizations in relation to which the functions and
the powers of the founder are exercised by federal executive bodies,
executive authorities of the constituent entities of the Russian Federation, other
state bodies, local self-government bodies, when conducting
collective bargaining, conclusion or amendment of agreements, permission
collective labor disputes regarding the conclusion or amendment of agreements,
control over the implementation of agreements, the formation of commissions for
regulation of social and labor relations and the implementation of their activities also
are the relevant federal executive authorities, bodies
executive power of the constituent entities of the Russian Federation, other state
bodies, bodies of local self-government.
Chapter 5. Bodies of social partnership

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 35 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 35. Commissions for the regulation of social and labor relations
GUARANTEE:

See comments on Article 35 of the Labor Code of the Russian Federation
To ensure the regulation of social and labor relations, maintaining
collective bargaining and preparation of draft collective agreements, agreements,
conclusion of collective agreements, agreements, as well as for the organization of control over
their implementation at all levels on an equal basis by the decision of the parties are formed
commissions of representatives of the parties endowed with the necessary powers.
At the federal level, a permanent Russian
tripartite commission for the regulation of social and labor relations,
whose activities are carried out in accordance with federal law... Members of
Russian Tripartite Commission for the Regulation of Social and Labor Relations
are representatives of all-Russian associations of trade unions, all-Russian
associations of employers, the Government of the Russian Federation.
In the constituent entities of the Russian Federation, trilateral
commissions for the regulation of social and labor relations, the activities of which
carried out in accordance with the laws of the constituent entities of the Russian Federation.
At the territorial level, trilateral commissions may be formed on
regulation of social and labor relations, the activities of which are carried out in
in accordance with the laws of the constituent entities of the Russian Federation, provisions on these
commissions approved by the representative bodies of local self-government.
At the sectoral (inter-sectoral) level, sectoral

Page 26

(intersectoral) commissions for the regulation of social and labor relations.
Sectoral (intersectoral) commissions can be formed both at the federal and
and at the interregional, regional, territorial levels of social
partnerships.
Part six is ​no longer valid .
Information about changes:

See text части шестой статьи 35
На локальном уровне образуется комиссия для ведения коллективных
переговоров, подготовки проекта коллективного договора и заключения коллективного
договора.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ глава 5 настоящего Кодекса
дополнена статьей 35.1, вступающей в силу по истечении 90 дней после дня
the official publication of the named Federal Law
Статья 35.1. Участие органов социального партнерства в формировании и
реализации государственной политики в сфере труда
GUARANTEE:

См. комментарии к статье 35.1 ТК РФ
В целях согласования интересов работников (их представителей), работодателей
(их представителей) и государства по вопросам регулирования социально-трудовых
отношений и связанных с ними экономических отношений федеральные органы
государственной власти, органы государственной власти субъектов Российской
Федерации и органы местного самоуправления обязаны обеспечивать условия для
участия соответствующих комиссий по регулированию социально-трудовых отношений
(в случаях, когда такие комиссии на соответствующем уровне социального партнерства
не образованы, - соответствующих профсоюзов (объединений профсоюзов) и
объединений работодателей) в разработке и (или) обсуждении проектов
законодательных и иных нормативных правовых актов, программ социальноэкономического развития, других актов органов государственной власти и органов
местного самоуправления в сфере труда в порядке, установленном настоящим
The Code, other federal laws and other regulatory legal acts
Of the Russian Federation, laws and other regulatory legal acts of the subjects
Of the Russian Federation, regulatory legal acts of local authorities
самоуправления, соглашениями.
Проекты законодательных актов, нормативных правовых и иных актов органов
исполнительной власти и органов местного самоуправления в сфере труда, а также
документы и материалы, необходимые для их обсуждения, направляются на
рассмотрение в соответствующие комиссии по регулированию социально-трудовых
отношений (соответствующим профсоюзам (объединениям профсоюзов) и
объединениям работодателей) федеральными органами государственной власти,
органами государственной власти субъектов Российской Федерации или органами
местного самоуправления, принимающими указанные акты.
Решения соответствующих комиссий по регулированию социально-трудовых
отношений или мнения их сторон (заключения соответствующих профсоюзов
(объединений профсоюзов) и объединений работодателей) по направленным им
проектам законодательных актов, нормативных правовых и иных актов органов
исполнительной власти и органов местного самоуправления подлежат обязательному

Page 27

рассмотрению федеральными органами государственной власти, органами
государственной власти субъектов Российской Федерации или органами местного
самоуправления, принимающими указанные акты.
Глава 6. Коллективные переговоры

Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 36 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 36. Ведение коллективных переговоров
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 36 ТК РФ
Представители работников и работодателей участвуют в коллективных
переговорах по подготовке, заключению или изменению коллективного договора,
соглашения и имеют право проявить инициативу по проведению таких переговоров.
Представители стороны, получившие предложение в письменной форме о начале
коллективных переговоров, обязаны вступить в переговоры в течение семи календарных
дней со дня получения указанного предложения, направив инициатору проведения
коллективных переговоров ответ с указанием представителей от своей стороны для
участия в работе комиссии по ведению коллективных переговоров и их полномочий.
Днем начала коллективных переговоров является день, следующий за днем получения
инициатором проведения коллективных переговоров указанного ответа.
Не допускаются ведение коллективных переговоров и заключение коллективных
договоров и соглашений от имени работников лицами, представляющими интересы
работодателей, а также организациями или органами, созданными либо
финансируемыми работодателями, органами исполнительной власти, органами местного
самоуправления, политическими партиями, за исключением случаев, предусмотренных
настоящим Кодексом.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 37 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 37. Порядок ведения коллективных переговоров
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 37 ТК РФ
Представители сторон, участвующие в коллективных переговорах, свободны в
выборе вопросов регулирования социально-трудовых отношений.
Две или более первичные профсоюзные организации, объединяющие в
совокупности более половины работников данного работодателя, по решению их
выборных органов могут создать единый представительный орган для ведения
коллективных переговоров, разработки единого проекта коллективного договора и
заключения коллективного договора (далее - единый представительный орган).
Формирование единого представительного органа осуществляется на основе принципа

Page 28

пропорционального представительства в зависимости от численности членов
профсоюза. При этом в его состав должен быть включен представитель каждой из
первичных профсоюзных организаций, создавших единый представительный орган.
Единый представительный орган имеет право направить работодателю (его
представителю) предложение о начале коллективных переговоров по подготовке,
заключению или изменению коллективного договора от имени всех работников.
Первичная профсоюзная организация, объединяющая более половины работников
организации, индивидуального предпринимателя, имеет право по решению своего
выборного органа направить работодателю (его представителю) предложение о начале
коллективных переговоров от имени всех работников без предварительного создания
единого представительного органа.
Если ни одна из первичных профсоюзных организаций или в совокупности
первичные профсоюзные организации, пожелавшие создать единый представительный
орган, не объединяют более половины работников данного работодателя, то общее
собрание (конференция) работников тайным голосованием может определить ту
первичную профсоюзную организацию, которой при согласии ее выборного органа
поручается направить работодателю (его представителю) предложение о начале
коллективных переговоров от имени всех работников. В случаях, когда такая первичная
профсоюзная организация не определена или работники данного работодателя не
объединены в какие-либо первичные профсоюзные организации, общее собрание
(конференция) работников тайным голосованием может избрать из числа работников
иного представителя (представительный орган) и наделить его соответствующими
полномочиями.
Первичная профсоюзная организация, единый представительный орган либо иной
представитель (представительный орган) работников, наделенные правом выступить с
инициативой проведения коллективных переговоров в соответствии с частями второй четвертой настоящей статьи, обязаны одновременно с направлением работодателю (его
представителю) предложения о начале указанных коллективных переговоров известить
об этом все иные первичные профсоюзные организации, объединяющие работников
данного работодателя, и в течение последующих пяти рабочих дней создать с их
согласия единый представительный орган либо включить их представителей в состав
имеющегося единого представительного органа. Если в указанный срок данные
первичные профсоюзные организации не сообщат о своем решении или ответят отказом
направить своих представителей в состав единого представительного органа, то
коллективные переговоры начинаются без их участия. При этом за первичными
профсоюзными организациями, не участвующими в коллективных переговорах, в
течение одного месяца со дня начала коллективных переговоров сохраняется право
направить своих представителей в состав единого представительного органа. В случае,
когда представителем работников на коллективных переговорах является единый
представительный орган, члены указанного органа представляют сторону работников в
комиссии по ведению коллективных переговоров.
Право на ведение коллективных переговоров, подписание соглашений от имени
работников на уровне Российской Федерации, одного или нескольких субъектов
Российской Федерации, отрасли, территории предоставляется соответствующим
профсоюзам (объединениям профсоюзов). При наличии на соответствующем уровне
нескольких профсоюзов (объединений профсоюзов) каждому из них предоставляется
право на представительство в составе единого представительного органа для ведения
коллективных переговоров, формируемого с учетом количества представляемых ими
членов профсоюзов. При отсутствии договоренности о создании единого
представительного органа для ведения коллективных переговоров право на их ведение

Page 29

предоставляется профсоюзу (объединению профсоюзов), объединяющему наибольшее
число членов профсоюза (профсоюзов).
Стороны должны предоставлять друг другу не позднее двух недель со дня
получения соответствующего запроса имеющуюся у них информацию, необходимую для
ведения коллективных переговоров.
Участники коллективных переговоров, другие лица, связанные с ведением
коллективных переговоров, не должны разглашать полученные сведения, если эти
сведения относятся к охраняемой законом тайне (государственной, служебной,
коммерческой и иной). Лица, разгласившие указанные сведения, привлекаются к
дисциплинарной, административной, гражданско-правовой, уголовной ответственности
в порядке, установленном настоящим Кодексом и иными федеральными законами.
Сроки, место и порядок проведения коллективных переговоров определяются
представителями сторон, являющимися участниками указанных переговоров.
Статья 38. Урегулирование разногласий
GUARANTEE:

См. комментарии к статье 38 ТК РФ
Если в ходе коллективных переговоров не принято согласованное решение по
всем или отдельным вопросам, то составляется протокол разногласий. Урегулирование
разногласий, возникших в ходе коллективных переговоров по заключению или
изменению коллективного договора, соглашения, производится в порядке,
established by this The Code .
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 39 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 39. Гарантии и компенсации лицам, участвующим в коллективных
переговорах
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 39 ТК РФ
Лица, участвующие в коллективных переговорах, подготовке проекта
коллективного договора, соглашения, освобождаются от основной работы с сохранением
среднего заработка на срок, определяемый соглашением сторон, но не более трех
месяцев.
Все затраты, связанные с участием в коллективных переговорах, компенсируются
в порядке, установленном трудовым законодательством и иными нормативными
legal acts containing labor law norms, a collective agreement,
соглашением. Оплата услуг экспертов, специалистов и посредников производится
приглашающей стороной, если иное не будет предусмотрено коллективным договором,
соглашением.
Представители работников, участвующие в коллективных переговорах, в период
их ведения не могут быть без предварительного согласия органа, уполномочившего их на
представительство, подвергнуты дисциплинарному взысканию, переведены на другую
работу или уволены по инициативе работодателя, за исключением случаев расторжения
трудового договора за совершение проступка, за который в соответствии с настоящим
The Code, иными федеральными законами предусмотрено увольнение с работы.

Page 30

Глава 7. Коллективные договоры и соглашения

Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 40 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 40. Коллективный договор
GUARANTEE:

Cm. Энциклопедии, позиции высших судов и другие комментарии к статье 40 ТК РФ
Коллективный договор - правовой акт, регулирующий социально-трудовые
отношения в организации или у индивидуального предпринимателя и заключаемый
работниками и работодателем в лице их представителей.
При недостижении согласия между сторонами по отдельным положениям проекта
коллективного договора в течение трех месяцев со дня начала коллективных
переговоров стороны должны подписать коллективный договор на согласованных
условиях с одновременным составлением протокола разногласий.
Неурегулированные разногласия могут быть предметом дальнейших коллективных
переговоров или разрешаться в соответствии с настоящим Кодексом, иными
federal laws.
Коллективный договор может заключаться в организации в целом, в ее филиалах,
представительствах и иных обособленных структурных подразделениях.
Для проведения коллективных переговоров по подготовке, заключению или
изменению коллективного договора в филиале, представительстве или ином
обособленном структурном подразделении организации работодатель наделяет
необходимыми полномочиями руководителя этого подразделения или иное лицо в
соответствии с частью первой статьи 33 настоящего Кодекса. При этом правом
представлять интересы работников наделяется представитель работников этого
подразделения, определяемый в соответствии с правилами, предусмотренными для
ведения коллективных переговоров в организации в целом (части вторая - пятая статьи
37 настоящего Кодекса).
GUARANTEE:

См. Конвенцию Международной Организаций Труда N 98 о применении принципов
права на организацию и на ведение коллективных переговоров (Женева, 1 июля 1949
г.)
См. Рекомендацию Международной Организации Труда от 29 июня 1951 г. N 91 о
коллективных договорах
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 41 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 41. Содержание и структура коллективного договора

Page 31

GUARANTEE:

Cm. Энциклопедии, позиции высших судов и другие комментарии к статье 41 ТК РФ
Содержание и структура коллективного договора определяются сторонами.
В коллективный договор могут включаться обязательства работников и
работодателя по следующим вопросам:
формы, системы и размеры оплаты труда;
выплата пособий, компенсаций;
механизм регулирования оплаты труда с учетом роста цен, уровня инфляции,
выполнения показателей, определенных коллективным договором;
занятость, переобучение, условия высвобождения работников;
рабочее время и время отдыха, включая вопросы предоставления и
продолжительности отпусков;
улучшение условий и охраны труда работников, в том числе женщин и молодежи;
соблюдение интересов работников при приватизации государственного и
муниципального имущества;
экологическая безопасность и охрана здоровья работников на производстве;
гарантии и льготы работникам, совмещающим работу с обучением;
оздоровление и отдых работников и членов их семей;
частичная или полная оплата питания работников;
контроль за выполнением коллективного договора, порядок внесения в него
изменений и дополнений, ответственность сторон, обеспечение нормальных условий
деятельности представителей работников, порядок информирования работников о
выполнении коллективного договора;
отказ от забастовок при выполнении соответствующих условий коллективного
договора;
другие вопросы, определенные сторонами.
В коллективном договоре с учетом финансово-экономического положения
работодателя могут устанавливаться льготы и преимущества для работников, условия
труда, более благоприятные по сравнению с установленными законами, иными
нормативными правовыми актами, соглашениями.
Part four is no longer valid .
Information about changes:

See text части четвертой статьи 41
GUARANTEE:

Минтрудом РФ 6 ноября 2003 г. разработан макет коллективного договора, носящий
рекомендательный характер для сторон, участвующих в разработке и заключении
коллективного договора
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 42 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 42. Порядок разработки проекта коллективного договора и заключения
коллективного договора
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 42 ТК РФ
Порядок разработки проекта коллективного договора и заключения

Page 32

коллективного договора определяется сторонами в соответствии с настоящим Кодексом
и иными федеральными законами.
Information about changes:

Федеральным законом от 2 апреля 2014 г. N 55-ФЗ в статью 43 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 43. Действие коллективного договора
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 43 ТК РФ
Коллективный договор заключается на срок не более трех лет и вступает в силу
со дня подписания его сторонами либо со дня, установленного коллективным договором.
Стороны имеют право продлевать действие коллективного договора на срок не
более трех лет.
Действие коллективного договора распространяется на всех работников
организации, индивидуального предпринимателя, а действие коллективного договора,
заключенного в филиале, представительстве или ином обособленном структурном
подразделении организации, - на всех работников соответствующего подразделения.
Коллективный договор сохраняет свое действие в случаях изменения
наименования организации, изменения типа государственного или муниципального
учреждения, реорганизации организации в форме преобразования, а также расторжения
трудового договора с руководителем организации.
При смене формы собственности организации коллективный договор сохраняет
свое действие в течение трех месяцев со дня перехода прав собственности.
При реорганизации организации в форме слияния, присоединения, разделения,
выделения коллективный договор сохраняет свое действие в течение всего срока
реорганизации.
При реорганизации или смене формы собственности организации любая из сторон
имеет право направить другой стороне предложения о заключении нового
коллективного договора или продлении действия прежнего на срок до трех лет.
При ликвидации организации коллективный договор сохраняет свое действие в
течение всего срока проведения ликвидации.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 44 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 44. Изменение и дополнение коллективного договора
GUARANTEE:

См. Энциклопедии и другие комментарии к статье 44 ТК РФ
Изменение и дополнение коллективного договора производятся в порядке,
установленном настоящим Кодексом для его заключения, либо в порядке,
установленном коллективным договором.
Information about changes:

Федеральным законом от 24 ноября 2014 г. N 358-ФЗ в статью 45 настоящего Кодекса
changes made

Page 33

See the text of the article in the previous edition
Статья 45. Соглашение. Виды соглашений
GUARANTEE:

Cm. Энциклопедии, позиции высших судов и другие комментарии к статье 45 ТК РФ
Соглашение - правовой акт, регулирующий социально-трудовые отношения и
устанавливающий общие принципы регулирования связанных с ними экономических
отношений, заключаемый между полномочными представителями работников и
работодателей на федеральном, межрегиональном, региональном, отраслевом
(межотраслевом) и территориальном уровнях социального партнерства в пределах их
компетенции.
По договоренности сторон, участвующих в коллективных переговорах, соглашения
могут быть двусторонними и трехсторонними.
Соглашения, содержащие обязательства, финансовое обеспечение выполнения
которых осуществляется за счет средств соответствующих бюджетов, заключаются при
обязательном участии соответствующих органов государственной власти или органов
местного самоуправления, являющихся стороной соглашения.
В зависимости от сферы регулируемых социально-трудовых отношений могут
заключаться соглашения: генеральное, межрегиональное, региональное, отраслевое
(межотраслевое), территориальное и иные соглашения.
Генеральное соглашение устанавливает общие принципы регулирования
социально-трудовых отношений и связанных с ними экономических отношений на
федеральном уровне.
GUARANTEE:

См. Генеральное соглашение между общероссийскими объединениями профсоюзов,
общероссийскими объединениями работодателей и Правительством РФ на 2021 2023 годы
Межрегиональное соглашение устанавливает общие принципы регулирования
социально-трудовых отношений и связанных с ними экономических отношений на уровне
двух и более субъектов Российской Федерации.
Региональное соглашение устанавливает общие принципы регулирования
социально-трудовых отношений и связанных с ними экономических отношений на уровне
subject of the Russian Federation.
Отраслевое (межотраслевое) соглашение устанавливает общие условия оплаты
труда, гарантии, компенсации и льготы работникам отрасли (отраслей). Отраслевое
(межотраслевое) соглашение может заключаться на федеральном, межрегиональном,
региональном, территориальном уровнях социального партнерства.
GUARANTEE:

Cm. справку об отраслевых (тарифных) соглашениях
Территориальное соглашение устанавливает общие условия труда, гарантии,
компенсации и льготы работникам на территории соответствующего муниципального
образования.
Иные соглашения - соглашения, которые могут заключаться сторонами на любом
уровне социального партнерства по отдельным направлениям регулирования социальнотрудовых отношений и иных непосредственно связанных с ними отношений.
На федеральном, межрегиональном, региональном, территориальном уровнях
социального партнерства может заключаться одно трехстороннее соответственно
генеральное, межрегиональное, региональное, территориальное соглашение.
Information about changes:

Page 34

Федеральным законом от 2 июля 2013 г. N 185-ФЗ в статью 46 настоящего Кодекса
amended, effective from September 1, 2013
See the text of the article in the previous edition
Статья 46. Содержание и структура соглашения
GUARANTEE:

Cm. Энциклопедии, позиции высших судов и другие комментарии к статье 46 ТК РФ
Содержание и структура соглашения определяются по договоренности между
представителями сторон, которые свободны в выборе круга вопросов для обсуждения и
включения в соглашение. Соглашение должно включать в себя положения о сроке
действия соглашения и порядке осуществления контроля за его выполнением.
В соглашение могут включаться взаимные обязательства сторон по следующим
вопросам:
оплата труда (в том числе установление размеров минимальных тарифных ставок,
окладов (должностных окладов), установление соотношения размера заработной платы
и размера ее условно-постоянной части, а также определение составных частей
заработной платы, включаемых в ее условно-постоянную часть, установление порядка
обеспечения повышения уровня реального содержания заработной платы);
гарантии, компенсации и льготы работникам;
режимы труда и отдыха;
занятость, условия высвобождения работников;
подготовка и дополнительное профессиональное образование работников, в том
числе в целях модернизации производства;
условия и охрана труда;
развитие социального партнерства, в том числе участие работников в управлении
организацией;
дополнительное пенсионное страхование;
другие вопросы, определенные сторонами.
GUARANTEE:

См. макет федерального отраслевого (межотраслевого) соглашения, согласованный
Минтрудом РФ 9 октября 2003 г.
Information about changes:

Федеральным законом от 24 ноября 2014 г. N 358-ФЗ в статью 47 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 47. Порядок разработки проекта соглашения и заключения соглашения
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 47 ТК РФ
Проект соглашения разрабатывается в ходе коллективных переговоров.
Заключение и изменение соглашений, требующих бюджетного финансирования,
по общему правилу осуществляются сторонами до подготовки проекта
соответствующего бюджета на финансовый год, относящийся к сроку действия
соглашения.
Генеральное соглашение, отраслевые (межотраслевые) соглашения, содержащие
обязательства, финансовое обеспечение выполнения которых осуществляется за счет
средств федерального бюджета, должны заключаться по общему правилу до внесения
проекта федерального закона о федеральном бюджете на очередной финансовый год и
плановый период в Государственную Думу Федерального Собрания Российской

Page 35

Federation.
Региональные и территориальные соглашения должны заключаться по общему
правилу до внесения проектов соответствующих бюджетов в представительные органы
субъектов Российской Федерации и органов местного самоуправления.

субъектов Российской Федерации и органов местного самоуправления.
Порядок, сроки разработки проекта соглашения и заключения соглашения
определяются комиссией. Комиссия обязана распространить информацию о начале
коллективных переговоров по заключению соглашения через средства массовой
информации. Комиссия имеет право уведомить работодателей, не являющихся членами
объединения работодателей, ведущего коллективные переговоры по разработке
проекта соглашения и заключению соглашения, о начале коллективных переговоров.
Работодатель, получивший указанное уведомление, обязан проинформировать об этом
выборный орган первичной профсоюзной организации, объединяющей работников
данного работодателя. Работодатель, не являющийся членом объединения
работодателей, ведущего коллективные переговоры по заключению соглашения, вправе
участвовать в коллективных переговорах путем вступления в члены этого объединения
работодателей или в других формах, определенных этим объединением работодателей.
При недостижении согласия между сторонами по отдельным положениям проекта
соглашения в течение трех месяцев со дня начала коллективных переговоров, а при
проведении коллективных переговоров по подготовке проекта генерального соглашения
в течение шести месяцев со дня их начала стороны должны подписать соглашение на
согласованных условиях с одновременным составлением протокола разногласий.
Неурегулированные разногласия могут быть предметом дальнейших коллективных
переговоров или разрешаться в соответствии с настоящим Кодексом, иными
federal laws.
Соглашение подписывается представителями сторон.
Information about changes:

Федеральным законом от 24 ноября 2014 г. N 358-ФЗ в статью 48 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 48. Действие соглашения
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 48 ТК РФ
Соглашение вступает в силу со дня его подписания сторонами либо со дня,
установленного соглашением.
Срок действия соглашения определяется сторонами, но не может превышать трех
лет. Стороны имеют право один раз продлить действие соглашения на срок не более
трех лет.
Соглашение действует в отношении:
всех работодателей, являющихся членами объединения работодателей,
заключившего соглашение, а также являющихся членами объединений работодателей,
иных некоммерческих организаций, входящих в объединение работодателей,
заключившее соглашение. Прекращение членства в объединении работодателей не
освобождает работодателя от выполнения соглашения, заключенного в период его
членства. Работодатель, вступивший в объединение работодателей в период действия
соглашения, обязан выполнять обязательства, предусмотренные этим соглашением;
работодателей, не являющихся членами объединения работодателей,
заключившего соглашение, которые уполномочили указанное объединение от их имени
участвовать в коллективных переговорах и заключить соглашение либо присоединились

Page 36

к соглашению после его заключения;
органов государственной власти и органов местного самоуправления в пределах
взятых ими на себя обязательств.
В отношении работодателей - государственных органов, органов местного
самоуправления, государственных или муниципальных учреждений, государственных
или муниципальных унитарных предприятий соглашение действует также в случае, если
оно заключено от их имени уполномоченными государственным органом или органом
местного самоуправления (статья 34 настоящего Кодекса).
Соглашение действует в отношении всех работников, состоящих в трудовых
отношениях с работодателями, указанными в частях третьей и четвертой настоящей
статьи.
В тех случаях, когда в отношении работников действует одновременно несколько
соглашений, применяются условия соглашений, наиболее благоприятные для
workers.
Соглашением может быть предусмотрено, что в случае невозможности
реализации по причинам экономического, технологического, организационного
характера отдельных положений соглашения работодатель и выборный орган первичной
профсоюзной организации или иной представитель (представительный орган),
избранный работниками в случаях, предусмотренных настоящим Кодексом, вправе
обратиться в письменной форме к сторонам соглашения с мотивированным
предложением о временном приостановлении действия отдельных положений
соглашения в отношении данного работодателя. Стороны рассматривают это
предложение и могут принять соответствующее решение о временном приостановлении
действия отдельных положений соглашения в отношении данного работодателя.
По предложению сторон заключенного на федеральном уровне отраслевого
соглашения руководитель федерального органа исполнительной власти,
осуществляющего функции по выработке государственной политики и нормативноправовому регулированию в сфере труда, имеет право после опубликования соглашения
предложить работодателям, не участвовавшим в заключении данного соглашения,
присоединиться к этому соглашению. Указанное предложение подлежит официальному
опубликованию и должно содержать сведения о регистрации соглашения и об источнике
его опубликования.
Если работодатели, осуществляющие деятельность в соответствующей отрасли, в
течение 30 календарных дней со дня официального опубликования предложения о
присоединении к соглашению не представили в федеральный орган исполнительной
власти, осуществляющий функции по выработке государственной политики и
нормативно-правовому регулированию в сфере труда, мотивированный письменный
отказ присоединиться к нему, то соглашение считается распространенным на этих
работодателей со дня официального опубликования этого предложения. К указанному
отказу должен быть приложен протокол консультаций работодателя с выборным
органом первичной профсоюзной организации, объединяющей работников данного
работодателя.
В случае отказа работодателя присоединиться к соглашению руководитель
федерального органа исполнительной власти, осуществляющего функции по выработке
государственной политики и нормативно-правовому регулированию в сфере труда,
имеет право пригласить представителей этого работодателя и представителей
выборного органа первичной профсоюзной организации, объединяющей работников
данного работодателя, для проведения консультаций с участием представителей сторон
соглашения. Представители работодателя, представители работников и представители
сторон соглашения обязаны принимать участие в указанных консультациях.

Page 37

Порядок опубликования заключенных на федеральном уровне отраслевых
соглашений и порядок опубликования предложения о присоединении к соглашению
устанавливаются федеральным органом исполнительной власти, осуществляющим
функции по выработке государственной политики и нормативно-правовому
регулированию в сфере труда, с учетом мнения Российской трехсторонней комиссии по
регулированию социально-трудовых отношений. Порядок опубликования иных
соглашений определяется их сторонами.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 49 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 49. Изменение и дополнение соглашения
GUARANTEE:

См. комментарии к статье 49 ТК РФ
Изменение и дополнение соглашения производятся в порядке, установленном
настоящим Кодексом для заключения соглашения, либо в порядке, установленном
соглашением.
Information about changes:

Федеральным законом от 3 декабря 2012 г. N 234-ФЗ в статью 50 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 50. Регистрация коллективного договора, соглашения
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 50 ТК РФ
Коллективный договор, соглашение в течение семи дней со дня подписания
направляются работодателем, представителем работодателя (работодателей) на
уведомительную регистрацию в соответствующий орган по труду. Отраслевые
(межотраслевые) соглашения, заключенные на федеральном уровне социального
партнерства, межрегиональные соглашения регистрируются федеральным органом
исполнительной власти, уполномоченным на проведение федерального
государственного надзора за соблюдением трудового законодательства и иных
нормативных правовых актов, содержащих нормы трудового права, коллективные
договоры, региональные и территориальные соглашения - соответствующими органами
исполнительной власти субъектов Российской Федерации. Законами субъектов
Российской Федерации может быть предусмотрена возможность наделения органов
местного самоуправления полномочиями по регистрации коллективных договоров и
территориальных соглашений.
GUARANTEE:

Отраслевые соглашения, заключенные на федеральном уровне социального
партнерства, регистрируются в уведомительном порядке Федеральной службой по
труду и занятости
Вступление коллективного договора, соглашения в силу не зависит от факта их
уведомительной регистрации.
При осуществлении регистрации коллективного договора, соглашения
соответствующий орган по труду выявляет условия, ухудшающие положение работников

Page 38

по сравнению с трудовым законодательством и иными нормативными правовыми
актами, содержащими нормы трудового права, и сообщает об этом представителям
сторон, подписавшим коллективный договор, соглашение, а также в соответствующую
государственную инспекцию труда. Условия коллективного договора, соглашения,
ухудшающие положение работников, недействительны и не подлежат применению.
GUARANTEE:

См. Положение о Регистре соглашений и коллективных договоров, утвержденное
постановлением Минтруда РФ от 10 октября 2003 г. N 68
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 51 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 51. Контроль за выполнением коллективного договора, соглашения
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 51 ТК РФ
Контроль за выполнением коллективного договора, соглашения осуществляется
сторонами социального партнерства, их представителями, соответствующими органами
по труду.
При проведении указанного контроля представители сторон обязаны
предоставлять друг другу, а также соответствующим органам по труду необходимую для
этого информацию не позднее одного месяца со дня получения соответствующего
запроса.
Глава 8. Участие работников в управлении организацией

Information about changes:

Федеральным законом от 3 декабря 2012 г. N 234-ФЗ в статью 52 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 52. Право работников на участие в управлении организацией
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 52 ТК РФ
Право работников на участие в управлении организацией непосредственно или
через свои представительные органы регулируется настоящим Кодексом, иными
федеральными законами, учредительными документами организации, коллективным
договором, соглашениями.
Information about changes:

Статья 53 изменена с 14 августа 2018 г. - Федеральный закон от 3 августа 2018 г. N
315-ФЗ
See previous edition
Федеральным законом от 2 июля 2013 г. N 185-ФЗ в статью 53 настоящего Кодекса
amended, effective from September 1, 2013
See the text of the article in the previous edition

Page 39

Статья 53. Основные формы участия работников в управлении организацией
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 53 ТК РФ
Основными формами участия работников в управлении организацией являются:
учет мнения представительного органа работников в случаях, предусмотренных
настоящим Кодексом, коллективным договором, соглашениями;
проведение представительным органом работников консультаций с
работодателем по вопросам принятия локальных нормативных актов;
получение от работодателя информации по вопросам, непосредственно
затрагивающим интересы работников;
обсуждение с работодателем вопросов о работе организации, внесение
предложений по ее совершенствованию;
обсуждение представительным органом работников планов социальноэкономического развития организации;
участие в разработке и принятии коллективных договоров;
участие представителей работников в заседаниях коллегиального органа
управления организации с правом совещательного голоса в соответствии с настоящим
The Code, иными федеральными законами,учредительным документом организации,
внутренним регламентом, иным внутренним документом организации, коллективным
договором, соглашениями;
иные формы, определенные настоящим Кодексом, иными федеральными
законами, учредительными документами организации, коллективным договором,
соглашениями, локальными нормативными актами.
Представители работников имеют право получать от работодателя информацию
по вопросам:
реорганизации или ликвидации организации;
введения технологических изменений, влекущих за собой изменение условий
труда работников;
подготовки и дополнительного профессионального образования работников;
по другим вопросам, предусмотренным настоящим Кодексом, иными
федеральными законами, учредительными документами организации, коллективным
договором, соглашениями.
Представители работников имеют право также вносить по этим вопросам в
органы управления организацией соответствующие предложения и участвовать в
заседаниях указанных органов при их рассмотрении.
Information about changes:

Глава 8 дополнена статьей 53.1 с 14 августа 2018 г. - Федеральный закон от 3 августа
2018 г. N 315-ФЗ
Статья 53.1. Участие представителей работников в заседаниях коллегиального
органа управления организации с правом совещательного голоса
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 53.1 ТК РФ
Право представителей работников на участие в заседаниях коллегиального
органа управления организации с правом совещательного голоса может устанавливаться
федеральными законами, учредительным документом организации, внутренним
регламентом, иным внутренним документом организации, коллективным договором,
соглашениями.
Назначать представителей работников, полномочных участвовать в заседаниях

Page 40

коллегиального органа управления организации с правом совещательного голоса в
соответствии с положениями части первой настоящей статьи, вправе представитель
(представительный орган) работников, определяемый в соответствии со статьями 29 - 31
настоящего Кодекса. Решение об их назначении оформляется соответствующим
протоколом, который направляется руководителю организации и в соответствующий
коллегиальный орган управления организации.
Представители работников, участвующие в заседаниях коллегиального органа
управления организации с правом совещательного голоса, несут ответственность за
разглашение сведений, составляющих охраняемую законом тайну (государственную,
служебную, коммерческую или иную), ставшую им известной в связи с этим участием. В
случае, если для участия в заседании коллегиального органа управления организации
требуется наличие допуска к соответствующей тайне, указанные представители
работников должны получить такой допуск в порядке, установленном
законодательством Российской Федерации.
Глава 9. Ответственность сторон социального партнерства
Статья 54. Ответственность за уклонение от участия в коллективных переговорах,
непредоставление информации, необходимой для ведения коллективных
переговоров и осуществления контроля за соблюдением коллективного
договора, соглашения
GUARANTEE:

См. комментарии к статье 54 ТК РФ
Представители сторон, уклоняющиеся от участия в коллективных переговорах по
заключению, изменению коллективного договора, соглашения или неправомерно
отказавшиеся от подписания согласованного коллективного договора, соглашения,
подвергаются штрафу в размере и порядке, которые установлены федеральным
законом.
Лица, виновные в непредоставлении информации, необходимой для ведения
коллективных переговоров и осуществления контроля за соблюдением коллективного
договора, соглашения, подвергаются штрафу в размере и порядке, которые установлены
федеральным законом.
Статья 55. Ответственность за нарушение или невыполнение коллективного
договора, соглашения
GUARANTEE:

См. комментарии к статье 55 ТК РФ
Лица, представляющие работодателя либо представляющие работников,
виновные в нарушении или невыполнении обязательств, предусмотренных
коллективным договором, соглашением, подвергаются штрафу в размере и порядке,
которые установлены федеральным законом.
Часть третья

Раздел III. Трудовой договор
GUARANTEE:

Cm. комментарий к разделу III

Page 41

Глава 10. Общие положения

Information about changes:

Федеральным законом от 5 мая 2014 г. N 116-ФЗ в статью 56 настоящего Кодекса
amended, effective from January 1, 2016
See the text of the article in the previous edition
Статья 56. Понятие трудового договора. Стороны трудового договора
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 56 ТК РФ
Трудовой договор - соглашение между работодателем и работником, в
соответствии с которым работодатель обязуется предоставить работнику работу по
обусловленной трудовой функции, обеспечить условия труда, предусмотренные
labor legislation and other regulatory legal acts containing
нормы трудового права, коллективным договором, соглашениями, локальными
нормативными актами и данным соглашением, своевременно и в полном размере
выплачивать работнику заработную плату, а работник обязуется лично выполнять
определенную этим соглашением трудовую функцию в интересах, под управлением и
контролем работодателя, соблюдать правила внутреннего трудового распорядка,
действующие у данного работодателя.
Сторонами трудового договора являются работодатель и работник.
Information about changes:

Федеральным законом от 5 мая 2014 г. N 116-ФЗ настоящий Кодекс дополнен статьей
56.1, вступающей в силу с 1 января 2016 г.
Статья 56.1. Запрещение заемного труда
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 56.1 ТК РФ
Заемный труд запрещен.
Заемный труд - труд, осуществляемый работником по распоряжению
работодателя в интересах, под управлением и контролем физического лица или
юридического лица, не являющихся работодателем данного работника.
Особенности регулирования труда работников, направленных временно
работодателем к другим физическим лицам или юридическим лицам по договору о
предоставлении труда работников (персонала), устанавливаются главой 53.1 настоящего
Кодекса.
Information about changes:

Федеральным законом от 28 декабря 2013 г. N 421-ФЗ в статью 57 настоящего Кодекса
amended, effective from January 1, 2014
See the text of the article in the previous edition
Статья 57. Содержание трудового договора
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 57 ТК РФ
В трудовом договоре указываются:
фамилия, имя, отчество работника и наименование работодателя (фамилия, имя,
отчество работодателя - физического лица), заключивших трудовой договор;
сведения о документах, удостоверяющих личность работника и работодателя -

Page 42

физического лица;
идентификационный номер налогоплательщика (для работодателей, за
исключением работодателей - физических лиц, не являющихся индивидуальными
предпринимателями);
сведения о представителе работодателя, подписавшем трудовой договор, и
основание, в силу которого он наделен соответствующими полномочиями;
место и дата заключения трудового договора.
Обязательными для включения в трудовой договор являются следующие условия:
место работы, а в случае, когда работник принимается для работы в филиале,
представительстве или ином обособленном структурном подразделении организации,
расположенном в другой местности, - место работы с указанием обособленного
структурного подразделения и его местонахождения;
трудовая функция (работа по должности в соответствии со штатным расписанием,
профессии, специальности с указанием квалификации; конкретный вид поручаемой
работнику работы). Если в соответствии с настоящим Кодексом, иными федеральными
законами с выполнением работ по определенным должностям, профессиям,
специальностям связано предоставление компенсаций и льгот либо наличие
ограничений, то наименование этих должностей, профессий или специальностей и
квалификационные требования к ним должны соответствовать наименованиям и
требованиям, указанным в квалификационных справочниках, утверждаемых в порядке,
устанавливаемом Правительством Российской Федерации, или соответствующим
положениям профессиональных стандартов;
дата начала работы, а в случае, когда заключается срочный трудовой договор, также срок его действия и обстоятельства (причины), послужившие основанием для
заключения срочного трудового договора в соответствии с настоящим Кодексом или
иным федеральным законом;
условия оплаты труда (в том числе размер тарифной ставки или оклада
(должностного оклада) работника, доплаты, надбавки и поощрительные выплаты);
режим рабочего времени и времени отдыха (если для данного работника он
отличается от общих правил, действующих у данного работодателя);
гарантии и компенсации за работу с вредными и (или) опасными условиями труда,
если работник принимается на работу в соответствующих условиях, с указанием
характеристик условий труда на рабочем месте;
условия, определяющие в необходимых случаях характер работы (подвижной,
разъездной, в пути, другой характер работы);
условия труда на рабочем месте;
условие об обязательном социальном страховании работника в соответствии с
настоящим Кодексом и иными федеральными законами;
другие условия в случаях, предусмотренных трудовым законодательством и
иными нормативными правовыми актами, содержащими нормы трудового права.
Если при заключении трудового договора в него не были включены какие-либо
сведения и (или) условия из числа предусмотренных частями первой и второй настоящей
статьи, то это не является основанием для признания трудового договора
незаключенным или его расторжения. Трудовой договор должен быть дополнен
недостающими сведениями и (или) условиями. При этом недостающие сведения
вносятся непосредственно в текст трудового договора, а недостающие условия
определяются приложением к трудовому договору либо отдельным соглашением сторон,
заключаемым в письменной форме, которые являются неотъемлемой частью трудового
договора.
В трудовом договоре могут предусматриваться дополнительные условия, не

Page 43

ухудшающие положение работника по сравнению с установленным трудовым
legislation and other regulatory legal acts containing norms
трудового права, коллективным договором, соглашениями, локальными нормативными
актами, в частности:
об уточнении места работы (с указанием структурного подразделения и его
местонахождения) и (или) о рабочем месте;
об испытании;
о неразглашении охраняемой законом тайны (государственной, служебной,
коммерческой и иной);
об обязанности работника отработать после обучения не менее установленного
договором срока, если обучение проводилось за счет средств работодателя;
о видах и об условиях дополнительного страхования работника;
об улучшении социально-бытовых условий работника и членов его семьи;
об уточнении применительно к условиям работы данного работника прав и
обязанностей работника и работодателя, установленных трудовым законодательством и
иными нормативными правовыми актами, содержащими нормы трудового права;
о дополнительном негосударственном пенсионном обеспечении работника.
По соглашению сторон в трудовой договор могут также включаться права и
обязанности работника и работодателя, установленные трудовым законодательством и
иными нормативными правовыми актами, содержащими нормы трудового права,
локальными нормативными актами, а также права и обязанности работника и
работодателя, вытекающие из условий коллективного договора, соглашений.
Невключение в трудовой договор каких-либо из указанных прав и (или) обязанностей
работника и работодателя не может рассматриваться как отказ от реализации этих прав
или исполнения этих обязанностей.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 58 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 58. Срок трудового договора
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 58 ТК РФ
Трудовые договоры могут заключаться:
1) на неопределенный срок;
2) на определенный срок не более пяти лет (срочный трудовой договор), если иной
срок не установлен настоящим Кодексом и иными федеральными законами.
Срочный трудовой договор заключается, когда трудовые отношения не могут быть
установлены на неопределенный срок с учетом характера предстоящей работы или
условий ее выполнения, а именно в случаях, предусмотренных частью первой статьи 59
настоящего Кодекса. В случаях, предусмотренных частью второй статьи 59 настоящего
Кодекса, срочный трудовой договор может заключаться по соглашению сторон
трудового договора без учета характера предстоящей работы и условий ее выполнения.
Если в трудовом договоре не оговорен срок его действия, то договор считается
заключенным на неопределенный срок.
В случае, когда ни одна из сторон не потребовала расторжения срочного
трудового договора в связи с истечением срока его действия и работник продолжает
работу после истечения срока действия трудового договора, условие о срочном

Page 44

характере трудового договора утрачивает силу и трудовой договор считается
заключенным на неопределенный срок.
Трудовой договор, заключенный на определенный срок при отсутствии
достаточных к тому оснований, установленных судом, считается заключенным на
неопределенный срок.
Запрещается заключение срочных трудовых договоров в целях уклонения от
предоставления прав и гарантий, предусмотренных для работников, с которыми
заключается трудовой договор на неопределенный срок.
Information about changes:

Статья 59 изменена с 1 января 2021 г. - Федеральный закон от 29 декабря 2020 г. N
477-ФЗ
See previous edition
Статья 59. Срочный трудовой договор
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 59 ТК РФ
Срочный трудовой договор заключается:
на время исполнения обязанностей отсутствующего работника, за которым в
соответствии с трудовым законодательством и иными нормативными правовыми актами,
содержащими нормы трудового права, коллективным договором, соглашениями,
локальными нормативными актами, трудовым договором сохраняется место работы;
на время выполнения временных (до двух месяцев) работ;
для выполнения сезонных работ, когда в силу природных условий работа может
производиться только в течение определенного периода (сезона);
с лицами, направляемыми на работу за границу;
для проведения работ, выходящих за рамки обычной деятельности работодателя
(реконструкция, монтажные, пусконаладочные и другие работы), а также работ,
связанных с заведомо временным (до одного года) расширением производства или
объема оказываемых услуг;
с лицами, поступающими на работу в организации, созданные на заведомо
определенный период или для выполнения заведомо определенной работы;
GUARANTEE:

О конституционно-правовом смысле положений абзаца восьмого части первой статьи
59 см. постановление Конституционного Суда РФ от 19 мая 2020 г. N 25-П
с лицами, принимаемыми для выполнения заведомо определенной работы в
случаях, когда ее завершение не может быть определено конкретной датой;
для выполнения работ, непосредственно связанных с практикой,
профессиональным обучением или дополнительным профессиональным образованием в
форме стажировки;
в случаях избрания на определенный срок в состав выборного органа или на
выборную должность на оплачиваемую работу, а также поступления на работу,
связанную с непосредственным обеспечением деятельности членов избираемых органов
или должностных лиц в органах государственной власти и органах местного
самоуправления, в политических партиях и других общественных объединениях;
с лицами, направленными органами службы занятости населения на работы
временного характера и общественные работы;
с гражданами, направленными для прохождения альтернативной гражданской
службы;
в других случаях, предусмотренных настоящим Кодексом или иными

Page 45

federal laws.
По соглашению сторон срочный трудовой договор может заключаться:
с лицами, поступающими на работу к работодателям - субъектам малого
предпринимательства (включая индивидуальных предпринимателей), численность
работников которых не превышает 35 человек (в сфере розничной торговли и бытового
обслуживания - 20 человек);
с поступающими на работу пенсионерами по возрасту, а также с лицами, которым
по состоянию здоровья в соответствии с медицинским заключением, выданным в
порядке, установленном федеральными законами и иными нормативными правовыми
актами Российской Федерации, разрешена работа исключительно временного
характера;
с лицами, поступающими на работу в организации, расположенные в районах
Крайнего Севера и приравненных к ним местностях, если это связано с переездом к
месту работы;
для проведения неотложных работ по предотвращению катастроф, аварий,
несчастных случаев, эпидемий, эпизоотий, а также для устранения последствий
указанных и других чрезвычайных обстоятельств;
с лицами, избранными по конкурсу на замещение соответствующей должности,
проведенному в порядке, установленном трудовым законодательством и иными
нормативными правовыми актами, содержащими нормы трудового права;
с творческими работниками средств массовой информации, организаций
кинематографии, театров, театральных и концертных организаций, цирков и иными
лицами, участвующими в создании и (или) исполнении (экспонировании) произведений,
в соответствии с перечнями работ, профессий, должностей этих работников,
утверждаемыми Правительством Российской Федерации с учетом мнения Российской
трехсторонней комиссии по регулированию социально-трудовых отношений;
с руководителями, заместителями руководителей и главными бухгалтерами
организаций независимо от их организационно-правовых форм и форм собственности;
с лицами, получающими образование по очной форме обучения;
с членами экипажей морских судов, судов внутреннего плавания и судов
смешанного (река - море) плавания, зарегистрированных в Российском международном
реестре судов;
с лицами, поступающими на работу по совместительству;
с лицами, поступающими на работу к работодателям, которые являются
некоммерческими организациями (за исключением государственных и муниципальных
учреждений, государственных корпораций, публично-правовых компаний,
государственных компаний, общественных объединений, являющихся политическими
партиями, потребительских кооперативов) и численность работников которых не
превышает 35 человек;
в других случаях, предусмотренных настоящим Кодексом или иными
федеральными законами.
Статья 60. Запрещение требовать выполнения работы, не обусловленной
трудовым договором
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 60 ТК РФ
Запрещается требовать от работника выполнения работы, не обусловленной
трудовым договором, за исключением случаев, предусмотренных настоящим Кодексом и
иными федеральными законами.

Page 46

Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ глава 10 настоящего Кодекса
дополнена статьей 60.1, вступающей в силу по истечении 90 дней после дня
the official publication of the named Federal Law
Статья 60.1. Работа по совместительству
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 60.1 ТК РФ
Работник имеет право заключать трудовые договоры о выполнении в свободное
от основной работы время другой регулярной оплачиваемой работы у того же
работодателя (внутреннее совместительство) и (или) у другого работодателя (внешнее
совместительство).
Особенности регулирования труда лиц, работающих по совместительству,
определяются главой 44 настоящего Кодекса.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ глава 10 настоящего Кодекса
дополнена статьей 60.2, вступающей в силу по истечении 90 дней после дня
the official publication of the named Federal Law
Статья 60.2. Совмещение профессий (должностей). Расширение зон
обслуживания, увеличение объема работы. Исполнение обязанностей
временно отсутствующего работника без освобождения от работы,
определенной трудовым договором
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 60.2 ТК РФ
С письменного согласия работника ему может быть поручено выполнение в
течение установленной продолжительности рабочего дня (смены) наряду с работой,
определенной трудовым договором, дополнительной работы по другой или такой же

профессии (должности) за дополнительную оплату (статья 151 настоящего Кодекса).
Поручаемая работнику дополнительная работа по другой профессии (должности)
может осуществляться путем совмещения профессий (должностей). Поручаемая
работнику дополнительная работа по такой же профессии (должности) может
осуществляться путем расширения зон обслуживания, увеличения объема работ. Для
исполнения обязанностей временно отсутствующего работника без освобождения от
работы, определенной трудовым договором, работнику может быть поручена
дополнительная работа как по другой, так и по такой же профессии (должности).
Срок, в течение которого работник будет выполнять дополнительную работу, ее
содержание и объем устанавливаются работодателем с письменного согласия
работника.
Работник имеет право досрочно отказаться от выполнения дополнительной
работы, а работодатель - досрочно отменить поручение о ее выполнении, предупредив
об этом другую сторону в письменной форме не позднее чем за три рабочих дня.
Information about changes:

Федеральным законом от 28 декабря 2013 г. N 421-ФЗ в статью 61 настоящего Кодекса
amended, effective from January 1, 2014
See the text of the article in the previous edition
Статья 61. Вступление трудового договора в силу

Page 47

GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 61 ТК РФ
Трудовой договор вступает в силу со дня его подписания работником и
работодателем, если иное не установлено настоящим Кодексом, другими федеральными
законами, иными нормативными правовыми актами Российской Федерации или
трудовым договором, либо со дня фактического допущения работника к работе с ведома
или по поручению работодателя или его уполномоченного на это представителя.
Работник обязан приступить к исполнению трудовых обязанностей со дня,
определенного трудовым договором.
Если в трудовом договоре не определен день начала работы, то работник должен
приступить к работе на следующий рабочий день после вступления договора в силу.
Если работник не приступил к работе в день начала работы, установленный в
соответствии с частью второй или третьей настоящей статьи, то работодатель имеет
право аннулировать трудовой договор. Аннулированный трудовой договор считается
незаключенным. Аннулирование трудового договора не лишает работника права на
получение обеспечения по обязательному социальному страхованию при наступлении
страхового случая в период со дня заключения трудового договора до дня его
аннулирования.
Information about changes:

Статья 62 изменена с 1 января 2020 г. - Федеральный закон от 16 декабря 2019 г. N
439-ФЗ
See previous edition
Статья 62. Выдача документов, связанных с работой, и их копий
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 62 ТК РФ
По письменному заявлению работника работодатель обязан не позднее трех
рабочих дней со дня подачи этого заявления выдать работнику трудовую книжку (за
исключением случаев, если в соответствии с настоящим Кодексом, иным федеральным
законом трудовая книжка на работника не ведется) в целях его обязательного
социального страхования (обеспечения), копии документов, связанных с работой (копии
приказа о приеме на работу, приказов о переводах на другую работу, приказа об
увольнении с работы; выписки из трудовой книжки (за исключением случаев, если в
соответствии с настоящим Кодексом, иным федеральным законом трудовая книжка на
работника не ведется); справки о заработной плате, о начисленных и фактически
уплаченных страховых взносах на обязательное пенсионное страхование, о периоде
работы у данного работодателя и другое). Копии документов, связанных с работой,
должны быть заверены надлежащим образом и предоставляться работнику
безвозмездно.
Работник, которому работодатель выдал трудовую книжку в соответствии с
частью первой настоящей статьи, обязан не позднее трех рабочих дней со дня
получения трудовой книжки в органе, осуществляющем обязательное социальное
страхование (обеспечение), вернуть ее работодателю.
Сведения о трудовой деятельности (статья 66.1 настоящего Кодекса) у данного
работодателя предоставляются работнику в порядке, установленном статьями 66.1 и
84.1 настоящего Кодекса.
GUARANTEE:

Форма СТД-Р "Сведения о трудовой деятельности, предоставляемые работнику

Page 48

работодателем" и порядок ее заполнения утверждены приказом Минтруда России от
20 января 2020 г. N 23н

Глава 11. Заключение трудового договора
GUARANTEE:

Cm. схему "Заключение трудового договора"
Information about changes:

Федеральным законом от 1 июля 2017 г. N 139-ФЗ в статью 63 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 63. Возраст, с которого допускается заключение трудового договора
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 63 ТК РФ
Заключение трудового договора допускается с лицами, достигшими возраста
шестнадцати лет, за исключением случаев, предусмотренных настоящим Кодексом,
другими федеральными законами.
Лица, получившие общее образование и достигшие возраста пятнадцати лет,
могут заключать трудовой договор для выполнения легкого труда, не причиняющего
вреда их здоровью. Лица, достигшие возраста пятнадцати лет и в соответствии с
федеральным законом оставившие общеобразовательную организацию до получения
основного общего образования или отчисленные из указанной организации
и продолжающие получать общее образование в иной форме обучения, могут заключать
трудовой договор для выполнения легкого труда, не причиняющего вреда их здоровью и
без ущерба для освоения образовательной программы.
С письменного согласия одного из родителей (попечителя) и органа опеки и
попечительства трудовой договор может быть заключен с лицом, получившим общее
образование и достигшим возраста четырнадцати лет, для выполнения легкого труда, не
причиняющего вреда его здоровью, либо с лицом, получающим общее образование и
достигшим возраста четырнадцати лет, для выполнения в свободное от получения
образования время легкого труда, не причиняющего вреда его здоровью и без ущерба
для освоения образовательной программы.
В организациях кинематографии, театрах, театральных и концертных
организациях, цирках допускается с согласия одного из родителей (опекуна) и
разрешения органа опеки и попечительства заключение трудового договора с лицами,
не достигшими возраста четырнадцати лет, для участия в создании и (или) исполнении
(экспонировании) произведений без ущерба здоровью и нравственному развитию.
Трудовой договор от имени работника в этом случае подписывается его родителем
(опекуном). В разрешении органа опеки и попечительства указываются максимально
допустимая продолжительность ежедневной работы и другие условия, в которых может
выполняться работа.
Information about changes:

Федеральным законом от 29 июня 2015 г. N 200-ФЗ в статью 64 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 64. Гарантии при заключении трудового договора

Page 49

GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 64 ТК РФ
Запрещается необоснованный отказ в заключении трудового договора.
Какое бы то ни было прямое или косвенное ограничение прав или установление
прямых или косвенных преимуществ при заключении трудового договора в зависимости
от пола, расы, цвета кожи, национальности, языка, происхождения, имущественного,
семейного, социального и должностного положения, возраста, места жительства (в том
числе наличия или отсутствия регистрации по месту жительства или пребывания),
отношения к религии, убеждений, принадлежности или непринадлежности к
общественным объединениям или каким-либо социальным группам, а также других
обстоятельств, не связанных с деловыми качествами работников, не допускается за
исключением случаев, в которых право или обязанность устанавливать такие
ограничения или преимущества предусмотрены федеральными законами.
Запрещается отказывать в заключении трудового договора женщинам по
мотивам, связанным с беременностью или наличием детей.
Запрещается отказывать в заключении трудового договора работникам,
приглашенным в письменной форме на работу в порядке перевода от другого
работодателя, в течение одного месяца со дня увольнения с прежнего места работы.
По письменному требованию лица, которому отказано в заключении трудового
договора, работодатель обязан сообщить причину отказа в письменной форме в срок не
позднее чем в течение семи рабочих дней со дня предъявления такого требования.
Отказ в заключении трудового договора может быть обжалован в суд.
Information about changes:

Федеральным законом от 21 ноября 2011 г. N 329-ФЗ Статья 64.1 настоящего Кодекса
изложена в новой редакции
See the text of the article in the previous edition
Статья 64.1. Условия заключения трудового договора с бывшими
государственными и муниципальными служащими
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 64.1 ТК РФ
Граждане, замещавшие должности государственной или муниципальной службы,
перечень которых устанавливается нормативными правовыми актами Российской
Федерации, в течение двух лет после увольнения с государственной или муниципальной
службы имеют право замещать должности в организациях, если отдельные функции
государственного управления данными организациями входили в должностные
(служебные) обязанности государственного или муниципального служащего, только с
согласия соответствующей комиссии по соблюдению требований к служебному
поведению государственных или муниципальных служащих и урегулированию
конфликта интересов, которое дается в порядке, устанавливаемом нормативными
правовыми актами Российской Федерации.
Граждане, замещавшие должности государственной или муниципальной службы,
перечень которых устанавливается нормативными правовыми актами Российской
Федерации, в течение двух лет после увольнения с государственной или муниципальной
службы обязаны при заключении трудовых договоров сообщать работодателю сведения
о последнем месте службы.
Работодатель при заключении трудового договора с гражданами, замещавшими
должности государственной или муниципальной службы, перечень которых
устанавливается нормативными правовыми актами Российской Федерации, в течение

Page 50

двух лет после их увольнения с государственной или муниципальной службы обязан в
десятидневный срок сообщать о заключении такого договора представителю
нанимателя (работодателю) государственного или муниципального служащего по
последнему месту его службы в порядке, устанавливаемом нормативными правовыми
актами Российской Федерации.
GUARANTEE:

Об ответственности работодателя за незаконное привлечение к трудовой
деятельности государственного служащего (бывшего государственного служащего) см.
Кодекс РФ об административных правонарушениях
Information about changes:

Статья 65 изменена с 1 января 2020 г. - Федеральный закон от 16 декабря 2019 г. N
439-ФЗ
See previous edition
Статья 65. Документы, предъявляемые при заключении трудового договора
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 65 ТК РФ
Если иное не установлено настоящим Кодексом, другими федеральными
законами, при заключении трудового договора лицо, поступающее на работу,
предъявляет работодателю:
паспорт или иной документ, удостоверяющий личность;
трудовую книжку и (или) сведения о трудовой деятельности (статья 66.1
настоящего Кодекса), за исключением случаев, если трудовой договор заключается
впервые;
документ, подтверждающий регистрацию в системе индивидуального
(персонифицированного) учета, в том числе в форме электронного документа;
документы воинского учета - для военнообязанных и лиц, подлежащих призыву на
военную службу;
документ об образовании и (или) о квалификации или наличии специальных
знаний - при поступлении на работу, требующую специальных знаний или специальной
подготовки;
справку о наличии (отсутствии) судимости и (или) факта уголовного
преследования либо о прекращении уголовного преследования по реабилитирующим
основаниям, выданную в порядке и по форме, которые устанавливаются федеральным
органом исполнительной власти, осуществляющим функции по выработке и реализации
государственной политики и нормативно-правовому регулированию в сфере внутренних
дел, - при поступлении на работу, связанную с деятельностью, к осуществлению которой
в соответствии с настоящим Кодексом, иным федеральным законом не допускаются
лица, имеющие или имевшие судимость, подвергающиеся или подвергавшиеся
уголовному преследованию;
справку о том, является или не является лицо подвергнутым административному
наказанию за потребление наркотических средств или психотропных веществ без
назначения врача либо новых потенциально опасных психоактивных веществ, которая
выдана в порядке и по форме, которые устанавливаются федеральным органом
исполнительной власти, осуществляющим функции по выработке и реализации
государственной политики и нормативно-правовому регулированию в сфере внутренних
дел, - при поступлении на работу, связанную с деятельностью, к осуществлению которой
в соответствии с федеральными законами не допускаются лица, подвергнутые
административному наказанию за потребление наркотических средств или

Page 51

психотропных веществ без назначения врача либо новых потенциально опасных
психоактивных веществ, до окончания срока, в течение которого лицо считается
подвергнутым административному наказанию.
В отдельных случаях с учетом специфики работы настоящим Кодексом, иными
федеральными законами, указами Президента Российской Федерации и
постановлениями Правительства Российской Федерации может предусматриваться
необходимость предъявления при заключении трудового договора дополнительных
документов.
Запрещается требовать от лица, поступающего на работу, документы помимо
предусмотренных настоящим Кодексом, иными федеральными законами, указами
Президента Российской Федерации и постановлениями Правительства Российской
Federation.
При заключении трудового договора впервые работодателем оформляется
трудовая книжка (за исключением случаев, если в соответствии с настоящим Кодексом,
иным федеральным законом трудовая книжка на работника не оформляется). В случае,
если на лицо, поступающее на работу впервые, не был открыт индивидуальный лицевой
счет, работодателем представляются в соответствующий территориальный орган
Пенсионного фонда Российской Федерации сведения, необходимые для регистрации
указанного лица в системе индивидуального (персонифицированного) учета.
В случае отсутствия у лица, поступающего на работу, трудовой книжки в связи с
ее утратой, повреждением или по иной причине работодатель обязан по письменному
заявлению этого лица (с указанием причины отсутствия трудовой книжки) оформить
новую трудовую книжку (за исключением случаев, если в соответствии с настоящим
Кодексом, иным федеральным законом трудовая книжка на работника не ведется).
Information about changes:

Статья 66 изменена с 1 января 2020 г. - Федеральный закон от 16 декабря 2019 г. N
439-ФЗ
See previous edition
Статья 66. Трудовая книжка
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 66 ТК РФ
Трудовая книжка установленного образца является основным документом о
трудовой деятельности и трудовом стаже работника.
Форма, порядок ведения и хранения трудовых книжек, а также порядок
изготовления бланков трудовых книжек и обеспечения ими работодателей
устанавливаются уполномоченным Правительством Российской Федерации
федеральным органом исполнительной власти.
Работодатель (за исключением работодателей - физических лиц, не являющихся
индивидуальными предпринимателями) ведет трудовые книжки на каждого работника,
проработавшего у него свыше пяти дней, в случае, когда работа у данного работодателя
является для работника основной (за исключением случаев, если в соответствии с
настоящим Кодексом, иным федеральным законом трудовая книжка на работника не
ведется).
В трудовую книжку вносятся сведения о работнике, выполняемой им работе,
переводах на другую постоянную работу и об увольнении работника, а также основания
прекращения трудового договора и сведения о награждениях за успехи в работе.
Сведения о взысканиях в трудовую книжку не вносятся, за исключением случаев, когда
дисциплинарным взысканием является увольнение.

Page 52

По желанию работника сведения о работе по совместительству вносятся в
трудовую книжку по месту основной работы на основании документа, подтверждающего
работу по совместительству.
Part six is ​no longer valid .
Information about changes:

See text части шестой статьи 66
GUARANTEE:

См. Инструкцию по заполнению трудовых книжек, утвержденную постановлением
Минтруда РФ от 10 октября 2003 г. N 69
Information about changes:

Кодекс дополнен статьей 66.1 с 1 января 2020 г. - Федеральный закон от 16 декабря
2019 г. N 439-ФЗ
Статья 66.1. Сведения о трудовой деятельности
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 66.1 ТК РФ
Работодатель формирует в электронном виде основную информацию о трудовой
деятельности и трудовом стаже каждого работника (далее - сведения о трудовой
деятельности) и представляет ее в порядке, установленном законодательством
Российской Федерации об индивидуальном (персонифицированном) учете в системе
обязательного пенсионного страхования, для хранения в информационных ресурсах
Пенсионного фонда Российской Федерации.
В сведения о трудовой деятельности включаются информация о работнике, месте
его работы, его трудовой функции, переводах работника на другую постоянную работу,
об увольнении работника с указанием основания и причины прекращения трудового
договора, другая предусмотренная настоящим Кодексом, иным федеральным законом
информация.
В случаях, установленных настоящим Кодексом, при заключении трудового
договора лицо, поступающее на работу, предъявляет работодателю сведения о трудовой
деятельности вместе с трудовой книжкой или взамен ее. Сведения о трудовой
деятельности могут использоваться также для исчисления трудового стажа работника,
внесения записей в его трудовую книжку (в случаях, если в соответствии с настоящим
The Code, иным федеральным законом на работника ведется трудовая книжка) и
осуществления других целей в соответствии с законами и иными нормативными
правовыми актами Российской Федерации.
Лицо, имеющее стаж работы по трудовому договору, может получать сведения о
трудовой деятельности:
у работодателя по последнему месту работы (за период работы у данного
работодателя) на бумажном носителе, заверенные надлежащим образом, или в форме
электронного документа, подписанного усиленной квалифицированной электронной
подписью (при ее наличии у работодателя);
в многофункциональном центре предоставления государственных и
муниципальных услуг на бумажном носителе, заверенные надлежащим образом;
в Пенсионном фонде Российской Федерации на бумажном носителе, заверенные
надлежащим образом, или в форме электронного документа, подписанного усиленной
квалифицированной электронной подписью;
с использованием единого портала государственных и муниципальных услуг в
форме электронного документа, подписанного усиленной квалифицированной
электронной подписью.

Page 53

Работодатель обязан предоставить работнику (за исключением случаев, если в
соответствии с настоящим Кодексом, иным федеральным законом на работника ведется
трудовая книжка) сведения о трудовой деятельности за период работы у данного
работодателя способом, указанным в заявлении работника (на бумажном носителе,
заверенные надлежащим образом, или в форме электронного документа, подписанного
усиленной квалифицированной электронной подписью (при ее наличии у работодателя),
поданном в письменной форме или направленном в порядке, установленном
работодателем, по адресу электронной почты работодателя:
в период работы не позднее трех рабочих дней со дня подачи этого заявления;
при увольнении в день прекращения трудового договора.
В случае выявления работником неверной или неполной информации в сведениях
о трудовой деятельности, представленных работодателем для хранения в
информационных ресурсах Пенсионного фонда Российской Федерации, работодатель по
письменному заявлению работника обязан исправить или дополнить сведения о
трудовой деятельности и представить их в порядке, установленном законодательством
Российской Федерации об индивидуальном (персонифицированном) учете в системе
обязательного пенсионного страхования, для хранения в информационных ресурсах
Пенсионного фонда Российской Федерации.
Information about changes:

Федеральным законом от 28 декабря 2013 г. N 421-ФЗ в статью 67 настоящего Кодекса
amended, effective from January 1, 2014
See the text of the article in the previous edition
Статья 67. Форма трудового договора
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 67 ТК РФ
Трудовой договор заключается в письменной форме, составляется в двух
экземплярах, каждый из которых подписывается сторонами. Один экземпляр трудового
договора передается работнику, другой хранится у работодателя. Получение
работником экземпляра трудового договора должно подтверждаться подписью
работника на экземпляре трудового договора, хранящемся у работодателя.
GUARANTEE:

О конституционно-правовом смысле положений части второй статьи 67 см.
постановление Конституционного Суда РФ от 4 февраля 2020 г. N 7-П
Трудовой договор, не оформленный в письменной форме, считается заключенным,
если работник приступил к работе с ведома или по поручению работодателя или его
уполномоченного на это представителя. При фактическом допущении работника к
работе работодатель обязан оформить с ним трудовой договор в письменной форме не
позднее трех рабочих дней со дня фактического допущения работника к работе, а если
отношения, связанные с использованием личного труда, возникли на основании
гражданско-правового договора, но впоследствии были признаны трудовыми
отношениями, - не позднее трех рабочих дней со дня признания этих отношений
трудовыми отношениями, если иное не установлено судом.
При заключении трудовых договоров с отдельными категориями работников
labor legislation and other regulatory legal acts containing
нормы трудового права, может быть предусмотрена необходимость согласования
возможности заключения трудовых договоров либо их условий с соответствующими
лицами или органами, не являющимися работодателями по этим договорам, или
составление трудовых договоров в большем количестве экземпляров.

Page 54

Information about changes:

Federal Law No. 421-FZ of December 28, 2013, this Federal Law
дополнен статьей 67.1, вступающей в силу с 1 января 2014 г.
Статья 67.1. Последствия фактического допущения к работе не уполномоченным
на это лицом
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 67.1 ТК РФ
Если физическое лицо было фактически допущено к работе работником, не
уполномоченным на это работодателем, и работодатель или его уполномоченный на это
представитель отказывается признать отношения, возникшие между лицом, фактически
допущенным к работе, и данным работодателем, трудовыми отношениями (заключить с
лицом, фактически допущенным к работе, трудовой договор), работодатель, в интересах
которого была выполнена работа, обязан оплатить такому физическому лицу
фактически отработанное им время (выполненную работу).
Работник, осуществивший фактическое допущение к работе, не будучи
уполномоченным на это работодателем, привлекается к ответственности, в том числе
материальной, в порядке, установленном настоящим Кодексом и иными федеральными
законами.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 68 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 68. Оформление приема на работу
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 68 ТК РФ
Прием на работу оформляется приказом (распоряжением) работодателя,
изданным на основании заключенного трудового договора. Содержание приказа
(распоряжения) работодателя должно соответствовать условиям заключенного
трудового договора.
Приказ (распоряжение) работодателя о приеме на работу объявляется работнику
под роспись в трехдневный срок со дня фактического начала работы. По требованию
работника работодатель обязан выдать ему надлежаще заверенную копию указанного
приказа (распоряжения).
При приеме на работу (до подписания трудового договора) работодатель обязан
ознакомить работника под роспись с правилами внутреннего трудового распорядка,
иными локальными нормативными актами, непосредственно связанными с трудовой
деятельностью работника, коллективным договором.
Information about changes:

Федеральным законом от 25 ноября 2013 г. N 317-ФЗ в статью 69 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 69. Медицинский осмотр при заключении трудового договора
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 69 ТК РФ

Page 55

Обязательному предварительному медицинскому осмотру при заключении
трудового договора подлежат лица, не достигшие возраста восемнадцати лет, а также
иные лица в случаях, предусмотренных настоящим Кодексом и иными федеральными
laws.
Information about changes:

Федеральным законом от 2 июля 2013 г. N 185-ФЗ в статью 70 настоящего Кодекса
amended, effective from September 1, 2013
See the text of the article in the previous edition
Статья 70. Испытание при приеме на работу
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 70 ТК РФ
При заключении трудового договора в нем по соглашению сторон может быть
предусмотрено условие об испытании работника в целях проверки его соответствия
поручаемой работе.
Отсутствие в трудовом договоре условия об испытании означает, что работник
принят на работу без испытания. В случае, когда работник фактически допущен к
работе без оформления трудового договора (часть вторая статьи 67 настоящего
Кодекса), условие об испытании может быть включено в трудовой договор, только если
стороны оформили его в виде отдельного соглашения до начала работы.
В период испытания на работника распространяются положения трудового
legislation and other regulatory legal acts containing labor standards
права, коллективного договора, соглашений, локальных нормативных актов.
Испытание при приеме на работу не устанавливается для:
лиц, избранных по конкурсу на замещение соответствующей должности,
проведенному в порядке, установленном трудовым законодательством и иными
нормативными правовыми актами, содержащими нормы трудового права;
беременных женщин и женщин, имеющих детей в возрасте до полутора лет;
лиц, не достигших возраста восемнадцати лет;
лиц, получивших среднее профессиональное образование или высшее
образование по имеющим государственную аккредитацию образовательным программам
и впервые поступающих на работу по полученной специальности в течение одного года
со дня получения профессионального образования соответствующего уровня;
лиц, избранных на выборную должность на оплачиваемую работу;
лиц, приглашенных на работу в порядке перевода от другого работодателя по
согласованию между работодателями;
лиц, заключающих трудовой договор на срок до двух месяцев;
иных лиц в случаях, предусмотренных настоящим Кодексом, иными федеральными
законами, коллективным договором.
Срок испытания не может превышать трех месяцев, а для руководителей
организаций и их заместителей, главных бухгалтеров и их заместителей, руководителей
филиалов, представительств или иных обособленных структурных подразделений
организаций - шести месяцев, если иное не установлено федеральным законом.
При заключении трудового договора на срок от двух до шести месяцев испытание
не может превышать двух недель.
В срок испытания не засчитываются период временной нетрудоспособности
работника и другие периоды, когда он фактически отсутствовал на работе.
Information about changes:

Page 56

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 71 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 71. Результат испытания при приеме на работу
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 71 ТК РФ
При неудовлетворительном результате испытания работодатель имеет право до
истечения срока испытания расторгнуть трудовой договор с работником, предупредив
его об этом в письменной форме не позднее чем за три дня с указанием причин,
послуживших основанием для признания этого работника не выдержавшим испытание.
Решение работодателя работник имеет право обжаловать в суд.
При неудовлетворительном результате испытания расторжение трудового
договора производится без учета мнения соответствующего профсоюзного органа и без
выплаты выходного пособия.
Если срок испытания истек, а работник продолжает работу, то он считается
выдержавшим испытание и последующее расторжение трудового договора допускается
только на общих основаниях.
Если в период испытания работник придет к выводу, что предложенная ему
работа не является для него подходящей, то он имеет право расторгнуть трудовой
договор по собственному желанию, предупредив об этом работодателя в письменной
форме за три дня.
Глава 12. Изменение трудового договора

Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ статья 72 настоящего Кодекса
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Статья 72. Изменение определенных сторонами условий трудового договора
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 72 ТК РФ
Изменение определенных сторонами условий трудового договора, в том числе
перевод на другую работу, допускается только по соглашению сторон трудового
договора, за исключением случаев, предусмотренных настоящим Кодексом. Соглашение
об изменении определенных сторонами условий трудового договора заключается в
письменной форме.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ глава 12 настоящего Кодекса
дополнена статьей 72.1, вступающей в силу по истечении 90 дней после дня
the official publication of the named Federal Law
Статья 72.1. Перевод на другую работу. Перемещение
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 72.1 ТК РФ
Перевод на другую работу - постоянное или временное изменение трудовой

Page 57

функции работника и (или) структурного подразделения, в котором работает работник
(если структурное подразделение было указано в трудовом договоре), при продолжении
работы у того же работодателя, а также перевод на работу в другую местность вместе с
работодателем. Перевод на другую работу допускается только с письменного согласия
работника, за исключением случаев, предусмотренных частями второй и третьей статьи
72.2 настоящего Кодекса.
По письменной просьбе работника или с его письменного согласия может быть
осуществлен перевод работника на постоянную работу к другому работодателю. При
этом трудовой договор по прежнему месту работы прекращается (пункт 5 части первой
статьи 77 настоящего Кодекса).
Не требует согласия работника перемещение его у того же работодателя на
другое рабочее место, в другое структурное подразделение, расположенное в той же
местности, поручение ему работы на другом механизме или агрегате, если это не влечет
за собой изменения определенных сторонами условий трудового договора.
Запрещается переводить и перемещать работника на работу, противопоказанную
ему по состоянию здоровья.
GUARANTEE:

См. Форму N Т-5 "Приказ (распоряжение) о переводе работника на другую работу",
утвержденную постановлением Госкомстата РФ от 5 января 2004 г. N 1
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ глава 12 настоящего Кодекса
дополнена статьей 72.2, вступающей в силу по истечении 90 дней после дня
the official publication of the named Federal Law
Статья 72.2. Временный перевод на другую работу
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 72.2 ТК РФ
По соглашению сторон, заключаемому в письменной форме, работник может быть
временно переведен на другую работу у того же работодателя на срок до одного года, а
в случае, когда такой перевод осуществляется для замещения временно отсутствующего
работника, за которым в соответствии с законом сохраняется место работы, - до выхода
этого работника на работу. Если по окончании срока перевода прежняя работа
работнику не предоставлена, а он не потребовал ее предоставления и продолжает
работать, то условие соглашения о временном характере перевода утрачивает силу и
перевод считается постоянным.
В случае катастрофы природного или техногенного характера, производственной
аварии, несчастного случая на производстве, пожара, наводнения, голода,
землетрясения, эпидемии или эпизоотии и в любых исключительных случаях, ставящих
под угрозу жизнь или нормальные жизненные условия всего населения или его части,
работник может быть переведен без его согласия на срок до одного месяца на не
обусловленную трудовым договором работу у того же работодателя для
предотвращения указанных случаев или устранения их последствий.
Перевод работника без его согласия на срок до одного месяца на не
обусловленную трудовым договором работу у того же работодателя допускается также в
случаях простоя (временной приостановки работы по причинам экономического,
технологического, технического или организационного характера), необходимости
предотвращения уничтожения или порчи имущества либо замещения временно
отсутствующего работника, если простой или необходимость предотвращения
уничтожения или порчи имущества либо замещения временно отсутствующего

Page 58

работника вызваны чрезвычайными обстоятельствами, указанными в части второй
настоящей статьи. При этом перевод на работу, требующую более низкой
квалификации, допускается только с письменного согласия работника.
При переводах, осуществляемых в случаях, предусмотренных частями второй и
третьей настоящей статьи, оплата труда работника производится по выполняемой
работе, но не ниже среднего заработка по прежней работе.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ статья 73 настоящего Кодекса
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Статья 73. Перевод работника на другую работу в соответствии с медицинским
заключением
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 73 ТК РФ
Работника, нуждающегося в переводе на другую работу в соответствии с
медицинским заключением, выданным в порядке, установленном федеральными
законами и иными нормативными правовыми актами Российской Федерации, с его
письменного согласия работодатель обязан перевести на другую имеющуюся у
работодателя работу, не противопоказанную работнику по состоянию здоровья.
Если работник, нуждающийся в соответствии с медицинским заключением во
временном переводе на другую работу на срок до четырех месяцев, отказывается от
перевода либо соответствующая работа у работодателя отсутствует, то работодатель
обязан на весь указанный в медицинском заключении срок отстранить работника от
работы с сохранением места работы (должности). В период отстранения от работы
заработная плата работнику не начисляется, за исключением случаев, предусмотренных
настоящим Кодексом, иными федеральными законами, коллективным договором,
соглашениями, трудовым договором.
Если в соответствии с медицинским заключением работник нуждается во
временном переводе на другую работу на срок более четырех месяцев или в постоянном
переводе, то при его отказе от перевода либо отсутствии у работодателя
соответствующей работы трудовой договор прекращается в соответствии с пунктом 8
части первой статьи 77 настоящего Кодекса.
Трудовой договор с руководителями организаций (филиалов, представительств
или иных обособленных структурных подразделений), их заместителями и главными
бухгалтерами, нуждающимися в соответствии с медицинским заключением во
временном или в постоянном переводе на другую работу, при отказе от перевода либо
отсутствии у работодателя соответствующей работы прекращается в соответствии с
пунктом 8 части первой статьи 77 настоящего Кодекса. Работодатель имеет право с
письменного согласия указанных работников не прекращать с ними трудовой договор, а
отстранить их от работы на срок, определяемый соглашением сторон. В период
отстранения от работы заработная плата указанным работникам не начисляется, за
исключением случаев, предусмотренных настоящим Кодексом, иными федеральными
законами, коллективным договором, соглашениями, трудовым договором.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ статья 74 настоящего Кодекса
изложена в новой редакции, вступающей в силу по истечении 90 дней после дня

Page 59

the official publication of the named Federal Law
See the text of the article in the previous edition
Статья 74. Изменение определенных сторонами условий трудового договора по
причинам, связанным с изменением организационных или технологических
условий труда
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 74 ТК РФ
В случае, когда по причинам, связанным с изменением организационных или
технологических условий труда (изменения в технике и технологии производства,
структурная реорганизация производства, другие причины), определенные сторонами
the terms of the employment contract cannot be saved, it is allowed to change them according to
the initiative of the employer, with the exception of changes in the employee's labor function.
On the upcoming changes to the terms of the employment contract determined by the parties,
as well as the reasons for the need for such changes, the employer is obliged
notify the employee in writing no later than two months, unless otherwise
provided by this Code.
If the employee does not agree to work in the new conditions, then the employer is obliged to
in writing to offer him another job available to the employer (as
a vacant position or job corresponding to the qualifications of the employee, and
vacant lower position or lower paid job) that the employee
can perform according to his health condition. In this case, the employer is obliged
offer the employee all the vacancies that meet the specified requirements available
him in the area. Offer vacancies in other localities employer
is obliged, if it is provided for by the collective agreement, agreements, labor
agreement.
In the absence of the specified work or refusal of the employee from the offered work
the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77
of this Code.
In the case when the reasons specified in part one of this article may
entail a massive dismissal of employees, the employer in order to preserve
workplaces has the right, taking into account the opinion of the elected body of the primary trade union
organization and in the manner established by Article 372 of this Code for the adoption
local regulations, introduce part-time work (shift) and (or)
part-time work week for up to six months.
GUARANTEE:

About notification of the employment service when introducing part-time work
(shift) and (or) part-time work week see. Law of the Russian Federation of April 19, 1991 N 1032-1 "On
employment in the Russian Federation "
If the employee refuses to continue working in the incomplete mode
working day (shift) and (or) part-time working week, then the employment contract
terminated in accordance with paragraph 2 of the first part of Article 81 of this Code.
In this case, the employee is provided with appropriate guarantees and compensation.
Cancellation of part-time work (shift) and (or) part-time work week
earlier than the period for which they were established, is made by the employer, taking into account
opinions of the elected body of the primary trade union organization.
Changes to the terms of the employment contract determined by the parties, introduced in
in accordance with this article, should not worsen the situation of the employee
compared with the established collective agreement, agreements.

Page 60

Information about changes:

Federal Law No. 55-FZ of April 2, 2014 into Article 75 of this Code
changes made
See the text of the article in the previous edition
Article 75. Labor relations when the owner of the organization's property changes,
changing the jurisdiction of the organization, its reorganization,
changing the type of state or municipal institution
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 75 of the Labor Code of the Russian Federation
When the owner of the organization's property changes, the new owner no later than
three months from the date of occurrence of the ownership right has the right to terminate
employment contract with the head of the organization, his deputies and the main
accountant.
Change of ownership of the organization's property is not a basis for
termination of employment contracts with other employees of the organization.
If the employee refuses to continue work in connection with the shift
the owner of the property of the organization, the employment contract is terminated in accordance with
paragraph 6 of Article 77 of this Code.
When the owner of the organization's property changes, the number of employees is reduced or
staff of employees is allowed only after state registration of the transition
property rights.
Change of jurisdiction (subordination) of the organization or its
reorganization (merger, acquisition, division, separation, transformation) or
a change in the type of state or municipal institution cannot be
grounds for termination of employment contracts with employees of the organization or
institutions.
If the employee refuses to continue working in the cases provided for in part
the fifth of this article, the employment contract is terminated in accordance with paragraph 6
Article 77 of this Code.
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 76 of this Code
changes made
See the text of the article in the previous edition
Article 76. Suspension from work
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 76 of the Labor Code of the Russian Federation
For the specifics of the suspension of teaching staff from work, see article 331.1
of this Code
The employer is obliged to suspend from work (not allow to work) the employee:
appeared at work in a state of alcoholic, narcotic or other
toxic intoxication ;
who did not undergo training and testing of knowledge and skills in the prescribed manner
the field of labor protection;
who has not passed the obligatory medical examination in the prescribed manner, but
also compulsory psychiatric examination in cases provided for
this Code, other federal laws and other regulatory
legal acts of the Russian Federation;

Page 61

when identified in accordance with a medical certificate issued in the order,
established by federal laws and other regulatory legal acts
Of the Russian Federation, contraindications for an employee to perform work,
stipulated by an employment contract;
in case of suspension of the special right for up to two months
employee (licenses, rights to drive a vehicle, rights to carry
weapons, other special rights) in accordance with federal laws and other
regulatory legal acts of the Russian Federation, if this entails
the inability of the employee to fulfill his obligations under the employment contract and if
it is impossible to transfer the employee with his written consent to another one available
employer work (as a vacant position or work corresponding to
the qualifications of the employee and the vacant lower position or
lower paid work), which the employee can perform, taking into account his condition
health. In this case, the employer is obliged to offer the employee all responding
to the specified requirements, the vacancies available to him in the given locality. Offer
vacancies in other localities, the employer is obliged, if provided
collective agreement, agreements, labor contract;
at the request of bodies or officials authorized by federal
laws and other regulatory legal acts of the Russian Federation;
in other cases provided for by this Code, other federal
laws and other regulatory legal acts of the Russian Federation.
The employer removes from work (does not allow to work) the employee for the entire
period of time until the elimination of the circumstances that formed the basis for the suspension
from work or non-admission to work, unless otherwise provided by this Code,
другими федеральными законами.
During the period of suspension from work (non-admission to work), wages
the employee is not charged, except for the cases provided for by this
The Code or other federal laws. In cases of suspension from work
an employee who has not undergone training and testing of knowledge and skills in the field of security
labor or a mandatory medical examination through no fault of his own, he is made
payment for the entire period of suspension from work as for idle time.
Chapter 13. Termination of an employment contract

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 77 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 77. General grounds for termination of an employment contract
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 77 of the Labor Code of the Russian Federation
The grounds for terminating an employment contract are:
1) agreement of the parties ( Article 78 of this Code);
2) the expiration of the term of the employment contract ( Article 79 of this Code), for
except in cases where the employment relationship actually continues and not a single
the parties did not demand their termination;
3) termination of the employment contract at the initiative of the employee (article 80
of this Code);

Page 62

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 to another
employer or transition to an elective job (position);
Information about changes:

Federal Law No. 55-FZ of April 2, 2014 to paragraph 6 of part one of Article 77
of this Code has been amended
See the text of the paragraph in the previous edition
6) the employee's refusal to continue working in connection with the change of owner
property of the organization, with a change in jurisdiction (subordination)
organization or its reorganization, with a change in the type of state or
municipal institution ( Article 75 of this Code);
7) the employee's refusal to continue working in connection with a change in certain
the parties to the terms of the employment contract ( part four of Article 74 of this Code);
8) the employee's refusal to transfer to another job, which he needs in
in accordance with the medical certificate issued in the manner prescribed
federal laws and other regulatory legal acts of the Russian
Federation, or the employer does not have an appropriate job (part three and
the fourth article 73 of this Code);
9) the employee's refusal to transfer to work in another locality together with
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 established by this Code or other federal
the law of the rules for concluding an employment contract, if this violation excludes
the ability to continue work (Article 84 of this Code).
An employment contract may be terminated on other grounds as well,
provided for by this Code and other federal laws.
Part three is no longer valid .
Information about changes:

See text part three of article 77
Article 78. Termination of an employment contract by agreement of the parties
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 78 of the Labor Code of the Russian Federation
The employment contract can be terminated at any time by agreement of the parties
трудового договора.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 79 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 79. Termination of a fixed-term employment contract
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 79 of the Labor Code of the Russian Federation
A fixed-term employment contract is terminated upon the expiration of its validity period. ABOUT
termination of an employment contract due to the expiration of its validity term, an employee
must be notified in writing at least three calendar days in advance

Page 63

before dismissal, except in cases where the urgent
an employment contract concluded at the time of the performance of the duties of the absent
работника.
An employment contract concluded for the duration of a certain job,
terminates upon completion of this work.
An employment contract concluded for the duration of the performance of duties
an absent employee is terminated when this employee leaves for work.
An employment contract concluded for the performance of seasonal work during
a certain period (season), ends at the end of that period (season).
Information about changes:

Article 80 amended from January 1, 2020 - Federal Law of December 16, 2019 N
439-ФЗ
See previous edition
Article 80. Termination of an employment contract on the initiative of an employee (by
on their own)
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 80 of the Labor Code of the Russian Federation
In accordance with the Criminal Code of the Russian Federation, during the period of serving correctional labor, convicts
it is prohibited to dismiss from work of one's own free will without permission from
written form of the Penal Inspectorate
The employee has the right to terminate the employment contract by warning about it
employer in writing no later than two weeks, unless another period is
established by this Code or other federal law. The course of the specified
term begins the next day after the employer receives the application
employee about dismissal.
By agreement between the employee and the employer, the employment contract may be
terminated and before the expiration of the notice of dismissal.
GUARANTEE:

On the appeal of the third part of Article 80 of this Code, see Definition
Of the Constitutional Court of the Russian Federation of January 22, 2004 N 11-О
In cases where the employee's application for dismissal on his initiative (by
their own will) is due to the impossibility of continuing to work
(enrollment in an educational organization, retirement and other cases), and
also in cases of established violation of labor legislation by the employer
and other regulatory legal acts containing labor law norms, local
regulations, terms of a collective agreement, agreement or employment
of the contract, the employer is obliged to terminate the employment contract within the period specified in
employee statement.
Before the expiry of the term of the notice of dismissal, the employee has the right to
withdraw your application at any time. Dismissal in this case is not made if
in his place is not invited in writing another employee, who in
compliance with this Code and other federal laws cannot be
Refused to conclude an employment contract.
Upon expiration of the term of the notice of dismissal, the employee has the right
stop working. On the last day of work, the employer is obliged to give the employee
work book or provide information about work activity ( article 66.1
of this Code) from this employer, issue other documents related to
work, at the written request of the employee and make the final

Page 64

payment.
GUARANTEE:

On the issuance on the day of termination of work a certificate of the amount of earnings for two calendar
the year preceding the year of termination of work, see article 4.1 of the Federal Law
of December 29, 2006 N 255-FZ "On compulsory social insurance in case
temporary disability and in connection with motherhood "
On the transfer on the day of dismissal of information on accrued and paid insurance
compulsory pension insurance contributions see Federal Law of April 1
1996 N 27-FZ "On individual (personified) accounting in the system
compulsory pension insurance "
If, after the expiry of the notice of dismissal, the employment contract was not
terminated and the employee does not insist on dismissal, then the validity of the employment contract
continues.
Information about changes:

Federal Law No. 132-FZ of July 1, 2017 into Article 81 of this Code
amended effective from January 1, 2018
See the text of the article in the previous edition
GUARANTEE:

On guarantees to employees upon termination of an employment contract on the initiative
employer see Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2
Article 81. Termination of an employment contract on the initiative of the employer
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 81 of the Labor Code of the Russian Federation
An employment contract may be terminated by the employer in the following cases:
1) liquidation of an organization or termination of activities by an individual
an entrepreneur;
2) reduction of the number or staff of employees of the organization, individual
entrepreneur;
3) inconsistency of the employee with the position or work performed
due to insufficient qualifications, confirmed by the results of certification;
4) change of ownershipproperty of the organization (in relation to the head
organization, his deputies and chief accountant);
5) repeated non-performance by the employee without valid reasons of labor
duties if he has a disciplinary sanction ;
6) one-time gross violation of labor duties by an employee:
a) truancy, that is, absence from the workplace without good reason in
during the entire working day (shift), regardless of its (her) duration, and
in case of absence from the workplace without good reason for more than four hours
in a row during the working day (shift);
b) the appearance of an employee at work (at his workplace or on the territory
organization - employer or facility where, on behalf of the employer, the employee
must perform a labor function) in a state of alcoholic, narcotic or
other toxic intoxication;
c) disclosure of secrets protected by law (state, commercial,
service and other), which became known to the employee in connection with the performance of his labor
responsibilities, including the disclosure of personal data of another employee;
d) theft (including petty) of someone else's property at the place of work ,
embezzlement, deliberate destruction or damage established by the entrant

Page 65

into legal force by a court verdict or by a decision of a judge, body, official
persons authorized to consider cases of administrative offenses;
e) established by the labor protection commission or authorized for protection
labor violation by the employee of labor protection requirements, if this violation entailed
serious consequences (industrial accident, accident, catastrophe)
or knowingly created a real threat of the onset of such consequences;
7) the commission of guilty acts by an employee directly serving
monetary or commodity values, if these actions give rise to the loss
trust in him from the employer;
Information about changes:

Federal Law No. 505-FZ of December 28, 2016 to Clause 7.1 of Part One of Article
81 of this Code are amended, which enter into force upon the expiration of one hundred
eighty days after the day of the official publication of the named Federal
the law
See the text of the paragraph in the previous edition
7.1) failure of the employee to take measures to prevent or regulate
conflict of interest to which he is a party, failure to submit or
submission of incomplete or inaccurate information about their income, expenses,
property and obligations of a property nature or failure to submit or
submission of deliberately incomplete or inaccurate information about income, expenses,
property and property obligations of their spouse and
minor children, opening (having) accounts (deposits), keeping cash
cash and valuables in foreign banks located outside
the territory of the Russian Federation, possession and (or) use of foreign
financial instruments by the employee, his spouse 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 the indicated
actions give rise to the loss of trust in the employee on the part of the employer.
The concept of "foreign financial instruments" is used in this Code in
the value determined by the Federal Law of May 7, 2013 N 79-FZ "On the prohibition
for certain categories of persons to open and have accounts (deposits), keep cash
cash and valuables in foreign banks located outside
the territory of the Russian Federation, own and (or) use foreign
financial instruments ";
8) an employee performing educational functions has committed an immoral
misconduct 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
violation of the safety of property, its unlawful use or other damage
property of the organization;
10) a single gross violation by the head of the organization (branch,
representation), his deputies of their job duties;
11) submission by the employee to the employer of false documents when
conclusion of an employment contract;
12) has become invalid ;
Information about changes:

See text paragraph 12 of the first part of Article 81
13) provided for by an employment contract with the head of the organization, members

Page 66

collegial executive body of the organization;
14) in other cases established by this Code and other federal
laws.
The procedure for attestation ( clause 3 of part one of this article)
established by labor legislation and other regulatory legal
acts containing labor law norms, local regulations,
taken taking into account the opinion of the representative body of workers.
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 from his
written consent to another job available to the employer (as vacant
position or job corresponding to the qualifications of the employee and vacant
lower position or lower paid job) that the employee can
carry out taking into account his state of health. In this case, the employer is obliged to offer
the employee all the vacancies that meet the specified requirements that he has in
this area. The employer is obliged to offer vacancies in other localities if
this is stipulated by the collective agreement, agreements, labor contract.
In the event of the termination of the activities of a branch, representative office or other
a separate structural unit of the organization located in another
locality, termination of employment contracts with employees of this unit
is made according to the rules provided for cases of liquidation of the organization.
Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part
first of this article, in cases where the culpable acts giving rise to
loss of confidence, or, accordingly, an immoral offense committed by an employee outside
place of work or at the place of work, but not in connection with the performance of labor
duties, not allowed later than one year from the date of discovery of the offense
employer.
Dismissal of an employee at the initiative of the employer is not allowed (for
except for the case of liquidation of the organization or termination of activities
individual entrepreneur) during the period of his temporary incapacity for work and in
period of stay on vacation.
Information on the application of a disciplinary sanction to an employee in the form
dismissal due to loss of confidence on the basis of clause 7.1 of part one of this
articles are included by the employer in the register of persons dismissed due to loss of confidence,
provided for in Article 15 of the Federal Law of December 25, 2008 N 273-FZ "On
anti-corruption ".
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 82 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 82. Mandatory participation of the elected body of the primary trade union
organizations in considering issues related to termination
employment contract initiated by the employer
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 82 of the Labor Code of the Russian Federation
On the constitutional and legal meaning of the provisions of the first part of Art. 82 present
Of the Code, see Definition of the Constitutional Court of the Russian Federation of January 15, 2008 N 201-O-P
When deciding to reduce the number or staff of employees

Page 67

organization, individual entrepreneur and possible termination of labor
contracts with employees in accordance with paragraph 2 of part one of Article 81 of this
Of the Code, the employer is obliged to inform the elected body about it in writing.
primary trade union organization no later than two months before the start
carrying out appropriate activities, and if the decision to reduce
the number or staff of workers can lead to mass layoffs of workers
- no later than three months before the start of the relevant events.
The criteria for mass layoffs are determined in the sectoral and (or) territorial
agreements.
Dismissal of workers who are members of a trade union, on grounds
provided for in paragraphs 2 , 3 or 5 of part one of Article 81 of this Code
is made taking into account the motivated opinion of the elected body of the primary
trade union organization in accordance with Article 373 of this Code.
When conducting certification, which can serve as the basis for
dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this
Of the Code, the attestation commission must include
representative of the elected body of the respective primary trade union
organizations.
The collective agreement may establish a different procedure for mandatory
participation of the elected body of the primary trade union organization in the consideration
issues related to termination of an employment contract at the initiative of the employer.
Information about changes:

Federal Law No. 387-FZ of December 23, 2010 into Article 83 of this Code
changes made
See the text of the article in the previous edition
Article 83. Termination of an employment contract due to circumstances beyond the control of
from the will of the parties
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 83 of the Labor Code of the Russian Federation
The employment contract is subject to termination for the following circumstances, not
depending on the will of the parties:
1) conscription of an employee for military service or sending him to replace it
alternative civilian service;
2) reinstatement at work of an employee who previously performed this work, according to
decision of the state labor inspectorate or court;
3) non-election to office;
4) conviction of the employee to a punishment that excludes the continuation of the previous
work, in accordance with a court verdict that has entered into legal force;
5) recognition of the employee as completely incapable of work in
in accordance with the medical certificate issued in the manner prescribed
federal laws and other regulatory legal acts of the Russian
Federation;
6) death of an employee or employer who is an individual, as well as recognition
court employee or employer - physical person dead or untraceable on
absent ;
7) the onset of extraordinary circumstances that prevent the continuation
labor relations (hostilities, disaster, natural disaster, major
accident, epidemic and other extraordinary circumstances), if this circumstance

Page 68

recognized by a decision of the Government of the Russian Federation or a state body
the authorities of the corresponding constituent entity of the Russian Federation;
8) disqualification or other administrative punishment excluding
the possibility of the employee fulfilling his obligations under the employment contract;
9) expiration, suspension of validity for more than two
months or deprivation of an employee of a special right (license, right to manage
vehicle, the right to bear arms, other special rights) in
in accordance with federal laws and other regulatory legal acts
Of the Russian Federation, if this entails the impossibility of performance
an employee of obligations under an employment contract;
10) termination of admission to state secretsif the work being done
requires such admission;
11) cancellation of a court decision or cancellation (invalidation) of a decision
the state labor inspectorate on the reinstatement of an employee at work;
12) has become invalid ;
Information about changes:

See text paragraph 12 of the first part of Article 83
13) the emergence of the established by this Code, other federal
the law and excluding the possibility of the employee's performance of duties on
employment contract restrictions on employment in certain types of labor
activities.
Termination of an employment contract on the grounds provided for in clauses 2 , 8 ,
9 , 10 or 13 of the first part of this article is allowed if it is impossible to translate
employee with his written consent to another job available to the employer (as
a vacant position or job corresponding to the qualifications of the employee, and
vacant lower position or lower paid job) that the employee
can perform according to his health condition. In this case, the employer is obliged
offer the employee all the vacancies that meet the specified requirements available
him in the area. Offer vacancies in other localities employer
is obliged, if it is provided for by the collective agreement, agreements, labor
agreement.
Part three is no longer valid .
Information about changes:

See text part three of article 83
Federal Law of July 2, 2013 N 185-FZ into Article 84 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 84. Termination of an employment contract due to violation
established by this Code or other federal law
rules for concluding an employment contract
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 84 of the Labor Code of the Russian Federation
The employment contract is terminated due to violation of the established by this
The Code or other federal law of the rules for its conclusion (Paragraph 11 of the and
first article 77 of this Code), if violation of these rules excludes
the ability to continue work, in the following cases:
conclusion of an employment contract in violation of a court verdict on deprivation
a specific person the right to hold certain positions or engage in

Page 69

certain activities;
conclusion of an employment contract for the performance of work contraindicated
this employee for health reasons in accordance with a medical report,
issued in the manner prescribed by federal laws and other regulatory
legal acts of the Russian Federation;
lack of an appropriate education and / or qualification document,
if the performance of the work requires special knowledge in accordance with federal
law or other regulatory legal act;
conclusion of an employment contract in violation of a decision of a judge, body,
an official authorized to consider cases of administrative
offenses, disqualification or other administrative punishment,
excluding the possibility of the employee fulfilling his labor obligations
contract, or the conclusion of an employment contract in violation of the established
федеральными законами ограничений, запретов и требований, касающихся привлечения
к трудовой деятельности граждан, уволенных с государственной или муниципальной
службы;
заключение трудового договора в нарушение установленных настоящим
Кодексом, иным федеральным законом ограничений на занятие определенными видами
трудовой деятельности;
в других случаях, предусмотренных федеральными законами.
В случаях, предусмотренных частью первой настоящей статьи, трудовой договор

прекращается, если невозможно перевести работника с его письменного согласия на
другую имеющуюся у работодателя работу (как вакантную должность или работу,
соответствующую квалификации работника, так и вакантную нижестоящую должность
или нижеоплачиваемую работу), которую работник может выполнять с учетом его
состояния здоровья. При этом работодатель обязан предлагать работнику все
отвечающие указанным требованиям вакансии, имеющиеся у него в данной местности.
Предлагать вакансии в других местностях работодатель обязан, если это предусмотрено
коллективным договором, соглашениями, трудовым договором.
Если нарушение установленных настоящим Кодексом или иным федеральным
законом правил заключения трудового договора допущено не по вине работника, то
работнику выплачивается выходное пособие в размере среднего месячного заработка.
Если нарушение указанных правил допущено по вине работника, то работодатель не
обязан предлагать ему другую работу, а выходное пособие работнику не выплачивается.
Information about changes:

Статья 84.1 изменена с 1 января 2020 г. - Федеральный закон от 16 декабря 2019 г. N
439-ФЗ
See previous edition
Статья 84.1. Общий порядок оформления прекращения трудового договора
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 84.1 ТК РФ
Прекращение трудового договора оформляется приказом (распоряжением)
работодателя.
С приказом (распоряжением) работодателя о прекращении трудового договора
работник должен быть ознакомлен под роспись. По требованию работника работодатель
обязан выдать ему надлежащим образом заверенную копию указанного приказа
(распоряжения). В случае, когда приказ (распоряжение) о прекращении трудового
договора невозможно довести до сведения работника или работник отказывается

Page 70

ознакомиться с ним под роспись, на приказе (распоряжении) производится
соответствующая запись.
Днем прекращения трудового договора во всех случаях является последний день
работы работника, за исключением случаев, когда работник фактически не работал, но
за ним в соответствии с настоящим Кодексом или иным федеральным законом
сохранялось место работы (должность).
В день прекращения трудового договора работодатель обязан выдать работнику
work book or provide information about work activity ( article 66.1
настоящего Кодекса) у данного работодателя и произвести с ним расчет в соответствии
со статьей 140 настоящего Кодекса. По письменному заявлению работника
работодатель также обязан выдать ему заверенные надлежащим образом копии
документов, связанных с работой.
Запись в трудовую книжку и внесение информации в сведения о трудовой
деятельности (статья 66.1 настоящего Кодекса) об основании и о причине прекращения
трудового договора должны производиться в точном соответствии с формулировками
настоящего Кодекса или иного федерального закона и со ссылкой на соответствующие
статью, часть статьи, пункт статьи настоящего Кодекса или иного федерального закона.
В случае, если в день прекращения трудового договора выдать работнику
трудовую книжку или предоставить сведения о трудовой деятельности у данного
работодателя невозможно в связи с отсутствием работника либо его отказом от их
получения, работодатель обязан направить работнику уведомление о необходимости
явиться за трудовой книжкой либо дать согласие на отправление ее по почте или
направить работнику по почте заказным письмом с уведомлением сведения о трудовой
деятельности за период работы у данного работодателя на бумажном носителе,
заверенные надлежащим образом. Со дня направления указанных уведомления или
письма работодатель освобождается от ответственности за задержку выдачи трудовой
книжки или предоставления сведений о трудовой деятельности у данного работодателя.
Работодатель также не несет ответственности за задержку выдачи трудовой книжки
или за задержку предоставления сведений о трудовой деятельности у данного
работодателя в случаях несовпадения последнего дня работы с днем оформления
прекращения трудовых отношений при увольнении работника по основанию,
предусмотренному подпунктом "а" пункта 6 части первой статьи 81 или пунктом 4 части
первой статьи 83 настоящего Кодекса, и при увольнении женщины, срок действия
трудового договора с которой был продлен до окончания беременности или до
окончания отпуска по беременности и родам в соответствии с частью второй статьи 261
настоящего Кодекса. По письменному обращению работника, не получившего трудовой
книжки после увольнения, работодатель обязан выдать ее не позднее трех рабочих дней
со дня обращения работника, а в случае, если в соответствии с настоящим Кодексом,
иным федеральным законом на работника не ведется трудовая книжка, по обращению
работника (в письменной форме или направленному в порядке, установленном
работодателем, по адресу электронной почты работодателя), не получившего сведений
о трудовой деятельности у данного работодателя после увольнения, работодатель
обязан выдать их не позднее трех рабочих дней со дня обращения работника способом,
указанным в его обращении (на бумажном носителе, заверенные надлежащим образом,
или в форме электронного документа, подписанного усиленной квалифицированной
электронной подписью (при ее наличии у работодателя).
Глава 14. Защита персональных данных работника
GUARANTEE:

Page 71

О персональных данных см. Федеральный закон от 27 июля 2006 г. N 152-ФЗ
Статья 85. Утратила силу.
Information about changes:

See text статьи 85
GUARANTEE:

Cm. комментарии к статье 85 ТК РФ
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 86 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 86. Общие требования при обработке персональных данных работника и
гарантии их защиты
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 86 ТК РФ
В целях обеспечения прав и свобод человека и гражданина работодатель и его
представители при обработке персональных данных работника обязаны соблюдать
следующие общие требования:
Information about changes:

Федеральным законом от 2 июля 2013 г. N 185-ФЗ в пункт 1 статьи 86 настоящего
Кодекса внесены изменения, вступающие в силу с 1 сентября 2013 г.
See the text of the paragraph in the previous edition
1) обработка персональных данных работника может осуществляться
исключительно в целях обеспечения соблюдения законов и иных нормативных правовых
актов, содействия работникам в трудоустройстве, получении образования и
продвижении по службе, обеспечения личной безопасности работников, контроля
количества и качества выполняемой работы и обеспечения сохранности имущества;
2) при определении объема и содержания обрабатываемых персональных данных
работника работодатель должен руководствоваться Конституцией Российской
Федерации, настоящим Кодексом и иными федеральными законами;
3) все персональные данные работника следует получать у него самого. Если
персональные данные работника возможно получить только у третьей стороны, то
работник должен быть уведомлен об этом заранее и от него должно быть получено
письменное согласие. Работодатель должен сообщить работнику о целях,
предполагаемых источниках и способах получения персональных данных, а также о
характере подлежащих получению персональных данных и последствиях отказа
работника дать письменное согласие на их получение;
Information about changes:

Федеральным законом от 7 мая 2013 г. N 99-ФЗ пункт 4 статьи 86 настоящего Кодекса
изложен в новой редакции
See the text of the paragraph in the previous edition
4) работодатель не имеет права получать и обрабатывать сведения о работнике,
относящиеся в соответствии с законодательством Российской Федерации в области
персональных данных к специальным категориям персональных данных, за исключением
случаев, предусмотренных настоящим Кодексом и другими федеральными законами;

Page 72

5) работодатель не имеет права получать и обрабатывать персональные данные
работника о его членстве в общественных объединениях или его профсоюзной
деятельности, за исключением случаев, предусмотренных настоящим Кодексом или
other federal laws;
6) при принятии решений, затрагивающих интересы работника, работодатель не
имеет права основываться на персональных данных работника, полученных
исключительно в результате их автоматизированной обработки или электронного
получения;
7) защита персональных данных работника от неправомерного их использования
или утраты должна быть обеспечена работодателем за счет его средств в порядке,
установленном настоящим Кодексом и иными федеральными законами;
8) работники и их представители должны быть ознакомлены под роспись с
документами работодателя, устанавливающими порядок обработки персональных
данных работников, а также об их правах и обязанностях в этой области;
9) работники не должны отказываться от своих прав на сохранение и защиту
тайны;
10) работодатели, работники и их представители должны совместно
вырабатывать меры защиты персональных данных работников.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 87 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 87. Хранение и использование персональных данных работников
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 87 ТК РФ
Порядок хранения и использования персональных данных работников
устанавливается работодателем с соблюдением требований настоящего Кодекса и иных
федеральных законов.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ в статью 88 настоящего Кодекса
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Статья 88. Передача персональных данных работника
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 88 ТК РФ
При передаче персональных данных работника работодатель должен соблюдать
следующие требования:
не сообщать персональные данные работника третьей стороне без письменного
согласия работника, за исключением случаев, когда это необходимо в целях
предупреждения угрозы жизни и здоровью работника, а также в других случаях,
предусмотренных настоящим Кодексом или иными федеральными законами;
не сообщать персональные данные работника в коммерческих целях без его
письменного согласия;
предупредить лиц, получающих персональные данные работника, о том, что эти
данные могут быть использованы лишь в целях, для которых они сообщены, и требовать

Page 73

от этих лиц подтверждения того, что это правило соблюдено. Лица, получающие
персональные данные работника, обязаны соблюдать режим секретности
(конфиденциальности). Данное положение не распространяется на обмен
персональными данными работников в порядке, установленном настоящим Кодексом и
other federal laws;
осуществлять передачу персональных данных работника в пределах одной
организации, у одного индивидуального предпринимателя в соответствии с локальным
нормативным актом, с которым работник должен быть ознакомлен под роспись;
разрешать доступ к персональным данным работников только специально
уполномоченным лицам, при этом указанные лица должны иметь право получать только
те персональные данные работника, которые необходимы для выполнения конкретных
функций;
не запрашивать информацию о состоянии здоровья работника, за исключением
тех сведений, которые относятся к вопросу о возможности выполнения работником
трудовой функции;
передавать персональные данные работника представителям работников в
порядке, установленном настоящим Кодексом и иными федеральными законами, и
ограничивать эту информацию только теми персональными данными работника, которые
необходимы для выполнения указанными представителями их функций.
Information about changes:

Федеральным законом от 25 ноября 2013 г. N 317-ФЗ в статью 89 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 89. Права работников в целях обеспечения защиты персональных данных,
хранящихся у работодателя
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 89 ТК РФ
В целях обеспечения защиты персональных данных, хранящихся у работодателя,
работники имеют право на:
полную информацию об их персональных данных и обработке этих данных;
свободный бесплатный доступ к своим персональным данным, включая право на
получение копий любой записи, содержащей персональные данные работника, за
исключением случаев, предусмотренных федеральным законом;
определение своих представителей для защиты своих персональных данных;
доступ к медицинской документации, отражающей состояние их здоровья, с
помощью медицинского работника по их выбору;
требование об исключении или исправлении неверных или неполных
персональных данных, а также данных, обработанных с нарушением требований
настоящего Кодекса или иного федерального закона. При отказе работодателя
исключить или исправить персональные данные работника он имеет право заявить в
письменной форме работодателю о своем несогласии с соответствующим обоснованием
такого несогласия. Персональные данные оценочного характера работник имеет право
дополнить заявлением, выражающим его собственную точку зрения;
требование об извещении работодателем всех лиц, которым ранее были
сообщены неверные или неполные персональные данные работника, обо всех
произведенных в них исключениях, исправлениях или дополнениях;
обжалование в суд любых неправомерных действий или бездействия
работодателя при обработке и защите его персональных данных.

Page 74

Information about changes:

Федеральным законом от 7 мая 2013 г. N 99-ФЗ в статью 90 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 90. Ответственность за нарушение норм, регулирующих обработку и
защиту персональных данных работника
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 90 ТК РФ
Лица, виновные в нарушении положений законодательства Российской
Федерации в области персональных данных при обработке персональных данных
работника, привлекаются к дисциплинарной и материальной ответственности в порядке,
установленном настоящим Кодексом и иными федеральными законами, а также
привлекаются к гражданско-правовой, административной и уголовной ответственности
в порядке, установленном федеральными законами.
Раздел IV. Рабочее время
GUARANTEE:

Cm. комментарий к разделу IV

Глава 15. Общие положения

Information about changes:

Федеральным законом от 22 июля 2008 г. N 157-ФЗ в статью 91 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 91. Понятие рабочего времени. Нормальная продолжительность рабочего
времени
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 91 ТК РФ
Рабочее время - время, в течение которого работник в соответствии с правилами
внутреннего трудового распорядка и условиями трудового договора должен исполнять
трудовые обязанности, а также иные периоды времени, которые в соответствии с
this Code, other federal laws and other regulatory
правовыми актами Российской Федерации относятся к рабочему времени.
Нормальная продолжительность рабочего времени не может превышать 40 часов в
неделю.
Порядок исчисления нормы рабочего времени на определенные календарные
периоды (месяц, квартал, год) в зависимости от установленной продолжительности
рабочего времени в неделю определяется федеральным органом исполнительной
власти, осуществляющим функции по выработке государственной политики и
нормативно-правовому регулированию в сфере труда.
Работодатель обязан вести учет времени, фактически отработанного каждым
работником.
GUARANTEE:

Cm. справку о производственных календарях

Page 75

Information about changes:

Федеральным законом от 1 июля 2017 г. N 139-ФЗ в статью 92 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 92. Сокращенная продолжительность рабочего времени
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 92 ТК РФ
Сокращенная продолжительность рабочего времени устанавливается:
для работников в возрасте до шестнадцати лет - не более 24 часов в неделю;
для работников в возрасте от шестнадцати до восемнадцати лет - не более 35
часов в неделю;
для работников, являющихся инвалидами I или II группы, - не более 35 часов в
неделю;
для работников, условия труда на рабочих местах которых по результатам
специальной оценки условий труда отнесены к вредным условиям труда 3 или 4 степени
или опасным условиям труда, - не более 36 часов в неделю.
Продолжительность рабочего времени конкретного работника устанавливается
трудовым договором на основании отраслевого (межотраслевого) соглашения и
коллективного договора с учетом результатов специальной оценки условий труда.
На основании отраслевого (межотраслевого) соглашения и коллективного
договора, а также письменного согласия работника, оформленного путем заключения
дополнительного соглашения к трудовому договору, продолжительность рабочего
времени, указанная в абзаце пятом части первой настоящей статьи, может быть
увеличена, но не более чем до 40 часов в неделю с выплатой работнику отдельно
устанавливаемой денежной компенсации в порядке, размерах и на условиях, которые
установлены отраслевыми (межотраслевыми) соглашениями, коллективными
договорами.
Продолжительность рабочего времени лиц в возрасте до восемнадцати лет,
получающих общее образование или среднее профессиональное образование и
совмещающих в течение учебного года получение образования с работой, не может
превышать половины норм, установленных частью первой настоящей статьи для лиц
соответствующего возраста.
Настоящим Кодексом и иными федеральными законами может устанавливаться
сокращенная продолжительность рабочего времени для других категорий работников
(педагогических, медицинских и других работников).
Information about changes:

Федеральным законом от 18 июня 2017 г. N 125-ФЗ в статью 93 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 93. Неполное рабочее время
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 93 ТК РФ
По соглашению сторон трудового договора работнику как при приеме на работу,
так и впоследствии может устанавливаться неполное рабочее время (неполный рабочий
день (смена) и (или) неполная рабочая неделя, в том числе с разделением рабочего дня
на части). Неполное рабочее время может устанавливаться как без ограничения срока,

Page 76

так и на любой согласованный сторонами трудового договора срок.
Работодатель обязан устанавливать неполное рабочее время по просьбе
беременной женщины, одного из родителей (опекуна, попечителя), имеющего ребенка в
возрасте до четырнадцати лет (ребенка-инвалида в возрасте до восемнадцати лет), а
также лица, осуществляющего уход за больным членом семьи в соответствии
с медицинским заключением, выданным в порядке, установленном федеральными
законами и иными нормативными правовыми актами Российской Федерации. При этом
неполное рабочее время устанавливается на удобный для работника срок, но не более
чем на период наличия обстоятельств, явившихся основанием для обязательного
установления неполного рабочего времени, а режим рабочего времени и времени
отдыха, включая продолжительность ежедневной работы (смены), время начала и
окончания работы, время перерывов в работе, устанавливается в соответствии с
пожеланиями работника с учетом условий производства (работы) у данного
работодателя.
При работе на условиях неполного рабочего времени оплата труда работника
производится пропорционально отработанному им времени или в зависимости от
выполненного им объема работ.
Работа на условиях неполного рабочего времени не влечет для работников какихлибо ограничений продолжительности ежегодного основного оплачиваемого отпуска,
исчисления трудового стажа и других трудовых прав.
Information about changes:

Федеральным законом от 1 июля 2017 г. N 139-ФЗ в статью 94 настоящего Кодекса
changes made
See the text of the article in the previous edition
Статья 94. Продолжительность ежедневной работы (смены)
GUARANTEE:

Cm. Encyclopedias, позиции высших судов и другие комментарии к статье 94 ТК РФ
Продолжительность ежедневной работы (смены) не может превышать:
для работников (включая лиц, получающих общее образование или среднее
профессиональное образование и работающих в период каникул) в возрасте от
четырнадцати до пятнадцати лет - 4 часа, в возрасте от пятнадцати до шестнадцати
лет - 5 часов, в возрасте от шестнадцати до восемнадцати лет - 7 часов;
для лиц, получающих общее образование или среднее профессиональное
образование и совмещающих в течение учебного года получение образования с работой,
в возрасте от четырнадцати до шестнадцати лет - 2,5 часа, в возрасте от шестнадцати
до восемнадцати лет - 4 часа;
для инвалидов - в соответствии с медицинским заключением, выданным в
порядке, установленном федеральными законами и иными нормативными правовыми
актами Российской Федерации.
Для работников, занятых на работах с вредными и (или) опасными условиями
труда, где установлена сокращенная продолжительность рабочего времени,
максимально допустимая продолжительность ежедневной работы (смены) не может
превышать:
при 36-часовой рабочей неделе - 8 часов;
при 30-часовой рабочей неделе и менее - 6 часов.
Отраслевым (межотраслевым) соглашением и коллективным договором, а также
при наличии письменного согласия работника, оформленного путем заключения
отдельного соглашения к трудовому договору, может быть предусмотрено увеличение

Page 77

максимально допустимой продолжительности ежедневной работы (смены) по сравнению
с продолжительностью ежедневной работы (смены), установленной частью второй
настоящей статьи для работников, занятых на работах с вредными и (или) опасными
условиями труда, при условии соблюдения предельной еженедельной
продолжительности рабочего времени, установленной в соответствии с частями первой третьей статьи 92 настоящего Кодекса:
при 36-часовой рабочей неделе - до 12 часов;
при 30-часовой рабочей неделе и менее - до 8 часов.
Продолжительность ежедневной работы (смены) творческих работников средств
массовой информации, организаций кинематографии, теле- и видеосъемочных
коллективов, театров, театральных и концертных организаций, цирков и иных лиц,
участвующих в создании и (или) исполнении (экспонировании) произведений, в
соответствии с перечнями работ, профессий, должностей этих работников,
утверждаемыми Правительством Российской Федерации с учетом мнения Российской
трехсторонней комиссии по регулированию социально-трудовых отношений, может
устанавливаться коллективным договором, локальным нормативным актом, трудовым
agreement.
Статья 95. Продолжительность работы накануне нерабочих праздничных и
выходных дней
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 95 ТК РФ
Продолжительность рабочего дня или смены, непосредственно предшествующих
нерабочему праздничному дню, уменьшается на один час.
GUARANTEE:

Согласно приказу Министерства здравоохранения и социального развития РФ от 13
августа 2009 г. N 588н в случаях, когда в соответствии с решением Правительства РФ
выходной день переносится на рабочий день, продолжительность работы в этот день
(бывший выходной) должна соответствовать продолжительности рабочего дня, на
который перенесен выходной день
В непрерывно действующих организациях и на отдельных видах работ, где
невозможно уменьшение продолжительности работы (смены) в предпраздничный день,
переработка компенсируется предоставлением работнику дополнительного времени
отдыха или, с согласия работника, оплатой по нормам, установленным для сверхурочной
work.
Накануне выходных дней продолжительность работы при шестидневной рабочей
неделе не может превышать пяти часов.
Information about changes:

Федеральным законом от 28 февраля 2008 г. N 13-ФЗ в статью 96 настоящего Кодекса
внесены изменения, вступающие в силу с 30 марта 2008 г.
See the text of the article in the previous edition
Статья 96. Работа в ночное время
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 96 ТК РФ
Ночное время - время с 22 часов до 6 часов.
Продолжительность работы (смены) в ночное время сокращается на один час без
последующей отработки.
Не сокращается продолжительность работы (смены) в ночное время для

Page 78

работников, которым установлена сокращенная продолжительность рабочего времени, а
также для работников, принятых специально для работы в ночное время, если иное не
предусмотрено коллективным договором.
Продолжительность работы в ночное время уравнивается с продолжительностью
работы в дневное время в тех случаях, когда это необходимо по условиям труда, а также
на сменных работах при шестидневной рабочей неделе с одним выходным днем. Список
указанных работ может определяться коллективным договором, локальным
нормативным актом.
К работе в ночное время не допускаются: беременные женщины; работники, не
достигшие возраста восемнадцати лет, за исключением лиц, участвующих в создании и
(или) исполнении художественных произведений, и других категорий работников в
соответствии с настоящим Кодексом и иными федеральными законами. Женщины,
имеющие детей в возрасте до трех лет, инвалиды, работники, имеющие детейинвалидов, а также работники, осуществляющие уход за больными членами их семей в
соответствии с медицинским заключением, выданным в порядке, установленном
federal laws and other regulatory legal acts of the Russian
Федерации, матери и отцы, воспитывающие без супруга (супруги) детей в возрасте до
пяти лет, а также опекуны детей указанного возраста могут привлекаться к работе в
ночное время только с их письменного согласия и при условии, если такая работа не
запрещена им по состоянию здоровья в соответствии с медицинским заключением. При
этом указанные работники должны быть в письменной форме ознакомлены со своим
правом отказаться от работы в ночное время.
Порядок работы в ночное время творческих работников средств массовой
информации, организаций кинематографии, теле- и видеосъемочных коллективов,
театров, театральных и концертных организаций, цирков и иных лиц, участвующих в
создании и (или) исполнении (экспонировании) произведений, в соответствии с
перечнями работ, профессий, должностей этих работников, утверждаемыми
Правительством Российской Федерации с учетом мнения Российской трехсторонней
комиссии по регулированию социально-трудовых отношений, может устанавливаться
коллективным договором, локальным нормативным актом, трудовым договором.
Information about changes:

Федеральным законом от 30 июня 2006 г. N 90-ФЗ статья 97 настоящего Кодекса
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Статья 97. Работа за пределами установленной продолжительности рабочего
времени
GUARANTEE:

Cm. Энциклопедии и другие комментарии к статье 97 ТК РФ
Работодатель имеет право в порядке, установленном настоящим Кодексом,
привлекать работника к работе за пределами продолжительности рабочего времени,
установленной для данного работника в соответствии с настоящим Кодексом, другими
federal laws and other regulatory legal acts of the Russian
Федерации, коллективным договором, соглашениями, локальными нормативными
актами, трудовым договором (далее - установленная для работника продолжительность
рабочего времени):
для сверхурочной работы (статья 99 настоящего Кодекса);

Page 79

если работник работает на условиях ненормированного рабочего дня (статья 101
настоящего Кодекса).
Статья 98. Утратила силу.
Information about changes:

See text статьи 98
GUARANTEE:

Cm. комментарии к статье 98 ТК РФ
Information about changes:

Федеральным законом от 7 декабря 2011 г. N 417-ФЗ в статью 99 настоящего Кодекса
внесены изменения, вступающие в силу с 1 января 2013 г.
See the text of the article in the previous edition
Статья 99. Сверхурочная работа
GUARANTEE:

See Encyclopedias. позиции высших судов и другие комментарии к статье 99 ТК РФ
Сверхурочная работа - работа, выполняемая работником по инициативе
работодателя за пределами установленной для работника продолжительности рабочего
времени: ежедневной работы (смены), а при суммированном учете рабочего времени сверх нормального числа рабочих часов за учетный период.
Привлечение работодателем работника к сверхурочной работе допускается с его
письменного согласия в следующих случаях:
1) при необходимости выполнить (закончить) начатую работу, которая вследствие
непредвиденной задержки по техническим условиям производства не могла быть
выполнена (закончена) в течение установленной для работника продолжительности
рабочего времени, если невыполнение (незавершение) этой работы может повлечь за
собой порчу или гибель имущества работодателя (в том числе имущества третьих лиц,
located with the employer, if the employer is responsible for the safety
этого имущества), государственного или муниципального имущества либо создать угрозу
жизни и здоровью людей;
2) при производстве временных работ по ремонту и восстановлению механизмов
или сооружений в тех случаях, когда их неисправность может стать причиной
прекращения работы для значительного числа работников;
3) для продолжения работы при неявке сменяющего работника, если работа не
допускает перерыва. В этих случаях работодатель обязан немедленно принять меры по
замене сменщика другим работником.
Привлечение работодателем работника к сверхурочной работе без его согласия
допускается в следующих случаях:
1) при производстве работ, необходимых для предотвращения катастрофы,
производственной аварии либо устранения последствий катастрофы, производственной
аварии или стихийного бедствия;
2) при производстве общественно необходимых работ по устранению
непредвиденных обстоятельств, нарушающих нормальное функционирование
централизованных систем горячего водоснабжения, холодного водоснабжения и (или)
водоотведения, систем газоснабжения, теплоснабжения, освещения, транспорта, связи;
3) при производстве работ, необходимость которых обусловлена введением
чрезвычайного или военного положения, а также неотложных работ в условиях
чрезвычайных обстоятельств, то есть в случае бедствия или угрозы бедствия (пожары,
наводнения, голод, землетрясения, эпидемии или эпизоотии) и в иных случаях, ставящих

Page 80

под угрозу жизнь или нормальные жизненные условия всего населения или его части.
В других случаях привлечение к сверхурочной работе допускается с письменного
согласия работника и с учетом мнения выборного органа первичной профсоюзной
organizations.
Не допускается привлечение к сверхурочной работе беременных женщин,
работников в возрасте до восемнадцати лет, других категорий работников в
соответствии с настоящим Кодексом и иными федеральными законами. Привлечение к
сверхурочной работе инвалидов, женщин, имеющих детей в возрасте до трех лет,
допускается только с их письменного согласия и при условии, если это не запрещено им
по состоянию здоровья в соответствии с медицинским заключением, выданным в
порядке, установленном федеральными законами и иными нормативными правовыми
актами Российской Федерации. При этом инвалиды, женщины, имеющие детей в
возрасте до трех лет, должны быть под роспись ознакомлены со своим правом
отказаться от сверхурочной работы.
Продолжительность сверхурочной работы не должна превышать для каждого
работника 4 часов в течение двух дней подряд и 120 часов в год.
The employer must ensure that overtime is accurately recorded
the work of each employee.
Chapter 16. Working hours

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 100 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 100. Working hours
GUARANTEE:

Cm. Encyclopedias and other comments on Article 100 of the Labor Code of the Russian Federation
Working hours should provide for the duration of the working
weeks (five days with two days off, six days with one day off,
working week with the provision of days off on a sliding schedule, incomplete
working week), work with irregular working hours for certain categories
employees, the duration of daily work (shift), including part-time
working day (shift), start and end time of work, break time,
the number of shifts per day, the alternation of working and non-working days that are set
the rules of internal labor regulations in accordance with the labor
legislation and other regulatory legal acts containing norms
labor law, collective agreement, agreements, and for workers, the regime
working hours which differ from the general rules established for this
employer - an employment contract.
Features of the working hours and rest hours of transport workers,
communications and others having a special nature of work are determined in the order ,
established by the Government of the Russian Federation.
Information about changes:

Federal Law No. 125-FZ of June 18, 2017 into Article 101 of this Code
changes made

Page 81

See the text of the article in the previous edition
Article 101. Irregular working hours
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 101 of the Labor Code of the Russian Federation
Irregular working hours - special working hours, in accordance with
which individual workers can, by order of the employer, if necessary
to be occasionally involved in the performance of their labor functions outside
the working hours established for them. List of positions
employees with irregular working hours is established by the collective
an agreement, agreements or local regulations adopted taking into account
opinions of the representative body of workers.
A part-time worker
irregular working hours can be established only if by agreement
parties to the employment contract have a part-time working week, but with a full-time
in the afternoon (shift).
GUARANTEE:

Cm. certificate of the list of positions of employees with irregular working hours
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 102 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 102. Working in flexible working hours
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 102 of the Labor Code of the Russian Federation
When working in flexible working hours, start, end, or total
the duration of the working day (shift) is determined by agreement of the parties.
The employer ensures that the employee works out the total amount
working hours during the respective accounting periods (working day, week,
month and others).
GUARANTEE:

See the List of categories of communications workers for whom the
flexible working hours, approved by the order of the Ministry of Communications of the Russian Federation of September 8
2003 N 112
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 103 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 103. Shift work
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 103 of the Labor Code of the Russian Federation
Shift work - work in two, three or four shifts - is introduced in cases where
when the duration of the production process exceeds the permissible
duration of daily work, as well as in order to be more efficient

Page 82

using equipment, increasing the volume of products or
services provided.
In shift work, each group of workers must perform work in
during the established working hours in accordance with
shift schedule.
When drawing up shift schedules, the employer takes into account the opinion
representative body of employees in the manner prescribed by article 372
of this Code for the adoption of local regulations. Shift schedules,
as a rule, they are an annex to the collective agreement.
Shift schedules are communicated to employees no later than one
a month prior to their introduction.
Work for two shifts in a row is prohibited.
Information about changes:

Federal Law No. 152-FZ of June 8, 2015 into Article 104 of this Code
amended effective July 1, 2015
See the text of the article in the previous edition
Article 104. Summarized recording of working time
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 104 of the Labor Code of the Russian Federation
When, according to the conditions of production (work) with an individual entrepreneur, in
the organization as a whole or when performing certain types of work cannot be
the established for this category of employees (including employees,
employed in work with harmful and (or) dangerous working conditions) daily or
weekly working hours, introduction is allowed
summarized accounting of working hours so that the duration of the working
time for the accounting period (month, quarter and other periods) did not exceed
normal working hours. The accounting period cannot exceed one year, and for
accounting of the working time of workers engaged in work with harmful and (or) dangerous
working conditions - three months.
In the event that for reasons of a seasonal and (or) technological nature for
certain categories of workers engaged in work with harmful and (or) hazardous
working conditions, the established duration of working hours cannot be
observed during an accounting period of three months, by industry
(intersectoral) agreement and collective bargaining agreement may be provided
an increase in the accounting period to record the working time of such workers, but not
more than one year.
The normal number of working hours for the accounting period is determined based on
the weekly duration established for this category of employees
working time. For employees working part-time (shift) and (or)
part-time work week, the normal number of hours worked during the reference period
decreases accordingly.
The procedure for introducing the summarized accounting of working hours is established
the rules of internal labor regulations.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 105 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law

Page 83

See the text of the article in the previous edition
Article 105. Division of the working day into parts
GUARANTEE:

Cm. Encyclopedias and other comments on Article 105 of the Labor Code of the Russian Federation
In those jobs where it is necessary due to the special nature of the work, as well as
when performing work, the intensity of which is not the same during the working day
(shift), the working day can be divided into parts so that the total
working hours did not exceed the established duration
daily work. Such division is made by the employer on the basis of
local normative act, adopted taking into account the opinion of the elected body of the primary
trade union organization.
Section V. Rest time
GUARANTEE:

Cm. comments on section V

Chapter 17. General provisions
Article 106. Concept of rest time
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 106 of the Labor Code of the Russian Federation
Rest time - the time during which the employee is free from performance
work duties and which he can use at his own discretion.
Article 107. Types of rest time
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 107 of the Labor Code of the Russian Federation
The types of rest time are:
breaks during the working day (shift);
daily (inter-shift) rest;
weekend (continuous weekly rest );
non-working holidays;
leave.
Chapter 18. Breaks at work. Weekends and non-working holidays

Information about changes:

Federal Law No. 125-FZ of June 18, 2017 into Article 108 of this Code
changes made
See the text of the article in the previous edition
Article 108. Rest and meal breaks
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 108 of the Labor Code of the Russian Federation
During the working day (shift), the employee must be given a break

Page 84

for rest and meals lasting no more than two hours and not less than 30 minutes,
which is not included during working hours. The rules of internal labor regulations
or the employment contract may provide that the said break may not
provided to the employee if the duration established for him
daily work (shift) does not exceed four hours.
Time of the break and its specific duration
established rules of internal labor regulations or by agreement
between employee and employer.
At work, where, according to the conditions of production (work), the provision of a break for
rest and food is impossible, the employer is obliged to provide the employee with the opportunity
rest and meals during working hours. A list of such works, as well as places for
rest and eating are set the rules of internal labor regulations.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 109 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 109. Special breaks for heating and rest
GUARANTEE:

See Encyclopedias and other comments on Article 109 of the Labor Code of the Russian Federation
For certain types of work, it is envisaged to provide employees with
working hours of special breaks due to technology and
organization of production and labor. Types of these works, duration and order
the provision of such breaks are established by the rules of internal labor
routine.
Employees who work in the open air during the cold season or in
closed unheated rooms, as well as loaders employed in loading and
unloading works, and other workers, if necessary, are provided
special breaks for heating and rest, which are included in the work
time. The employer is obliged to provide the equipment of the premises for heating and
rest of workers.
Article 110. Duration of weekly uninterrupted rest
GUARANTEE:

Cm. Encyclopedias and other comments on Article 110 of the Labor Code of the Russian Federation
Duration of weekly uninterrupted rest cannot be less than 42
hours.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 111 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 111. Days off
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 111 of the Labor Code of the Russian Federation
By the Decree of the President of the Russian Federation of April 23, 2021 N 242 from May 4 to May 7, 2021 inclusive

Page 85

non-working days have been established with the preservation of wages for employees
By the Decree of the President of the Russian Federation of May 29, 2020 N 345, June 24, 2020 declared inoperative
in the daytime with the preservation of wages for employees
By Decree of the President of the Russian Federation of April 28, 2020 N 294 from May 6 to May 8, 2020 inclusive
non-working days have been established with the preservation of wages for employees
By Decree of the President of the Russian Federation of April 2, 2020 N 239 from April 4 to April 30
2020 inclusive, non-working days were established with the preservation of employees
wages
By the Decree of the President of the Russian Federation of March 25, 2020 N 206 from March 30 to April 3, 2020
non-working days have been established with the preservation of wages for employees
All employees are provided with days off (weekly continuous
relaxation). With a five-day working week, employees are given two days off
days a week, with a six-day work week - one day off.
The general day off is Sunday. The second day off at
the five-day working week is established by the collective agreement or rules
internal work schedule. Both days off are provided, as a rule,
contract.
For employers whose suspension of work on weekends is not possible for
production, technical and organizational conditions, days off
are provided on different days of the week in turn to each group of employees
according to the rules of internal labor regulations.
Information about changes:

Federal Law of April 23, 2012 N 35-FZ into Article 112 of this Code
changes made
See the text of the article in the previous edition
Article 112. Non-working holidays
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 112 of the Labor Code of the Russian Federation
Non-working holidays in the Russian Federation are:
January 1, 2, 3, 4 , 5, 6 and 8 - New Year's holidays;
January 7 - Nativity of Christ;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
May 1 - Spring and Labor Day;
May 9 - Victory Day;
June 12 - Day of Russia;
November 4 - National Unity Day.
If the weekend and non-working holidays coincide, the day off
is carried over to the next business day after a holiday, except for
weekends that coincide with the public holidays specified in paragraphs
the second and third parts of the first article. Government of the Russian
Federation transfers two days off from the number of weekends that coincide with
non-working holidays specified in paragraphs two and three of the first
of this article, for other days in the next calendar year in the order,
established part five of this article.
Employees, with the exception of employees receiving a salary (official
salary), for non-working holidays on which they were not involved in work,

Page 86

additional remuneration is paid. The amount and procedure for payment of the specified
remuneration is determined by the collective agreement, agreements, local
a normative act adopted taking into account the opinion of the elected body of the primary
trade union organization, labor contract. Amounts of expenses for payment
additional remuneration for non-working holidays refer to expenses
for full wages.
The presence in the calendar month of non-working holidays is not
the basis for reducing wages to employees receiving salaries
(official salary).
For the rational use of weekends and non-working days by employees
holidays weekends may be carried over to other days by federal
law or regulatory legal act of the Government of the Russian Federation. When
this is a regulatory legal act of the Government of the Russian Federation on the transfer
days off on other days in the next calendar year is subject to the official
publication no later than one month before the relevant
calendar year. Adoption of regulatory legal acts of the Government of the Russian
Federation on the transfer of days off to other days during a calendar year
allowed subject to the official publication of these acts no later than
two months before the calendar date of the set day off.
GUARANTEE:

See information on public holidays, professional holidays and
memorable dates
Information about changes:

Federal Law No. 13-FZ of February 28, 2008 into Article 113 of this
The Code has been amended to come into force on March 30, 2008.
See the text of the article in the previous edition
Article 113. Prohibition of work on weekends and non-working holidays.
Exceptional cases of attracting workers to work on weekends and
non-working holidays
GUARANTEE:

See Encyclopedias and other comments on Article 113 of the Labor Code of the Russian Federation
Work on weekends and non-working holidays is prohibited, except
cases provided for by this Code.
Attracting employees to work on weekends and non-working holidays
is made with their written consent, if necessary, in advance
unforeseen work, on the urgent execution of which depends in the future
normal work of the organization as a whole or its individual structural units,
an individual entrepreneur.
Attracting employees to work on weekends and non-working holidays without
their consent is allowed in the following cases:
1) to prevent a disaster, industrial accident or eliminate
consequences of a catastrophe, industrial accident or natural disaster;
2) to prevent accidents, destruction or damage to property
employer, state or municipal property;
3) to perform work, the need for which is due to the introduction
чрезвычайного или военного положения, а также неотложных работ в условиях
чрезвычайных обстоятельств, то есть в случае бедствия или угрозы бедствия (пожары,
наводнения, голод, землетрясения, эпидемии или эпизоотии) и в иных случаях, ставящих

Page 87

под угрозу жизнь или нормальные жизненные условия всего населения или его части.
Involvement in work on weekends and non-working holidays of creative
workers of the media, organizations of cinematography, television and
video filming collectives, theaters, theater and concert organizations, circuses
and other persons participating in the creation and (or) performance (exhibiting)
works, in accordance with the lists of jobs, professions, positions of these
employees approved by the Government of the Russian Federation, taking into account the opinion
Russian Trilateral Commission for the Regulation of Social and Labor Relations,
allowed in the manner prescribed by the collective agreement, local
a regulatory act, an employment contract.
In other cases, engaging in work on weekends and non-working holidays
allowed with the written consent of the employee and taking into account the opinion of the elected body
primary trade union organization.
On non-working holidays, work is allowed, suspension
which is impossible due to production and technical conditions (continuously
operating organizations), works caused by the need for maintenance
population, as well as urgent repair and handling operations.
Involvement of disabled people in work on weekends and non-working holidays,
women with children under the age of three are allowed only if
it is not prohibited for them for health reasons in accordance with the medical
a conclusion issued in accordance with the procedure established by federal laws and other
regulatory legal acts of the Russian Federation. At the same time, disabled people
women with children under the age of three must be signed
aware of their right to refuse work on weekends or non-working days
holiday.
Attracting employees to work on weekends and non-working holidays
made by written order of the employer.
Chapter 19. Holidays
Article 114. Annual paid holidays
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 114 of the Labor Code of the Russian Federation
Employees are granted annual leave with preservation of their place of work
(positions) and average earnings.
Article 115. Duration of annual basic paid leave
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 115 of the Labor Code of the Russian Federation
Annual basic paid leave is provided to employees
lasting 28 calendar days.
Annual basic paid leave of more than 28
calendar days (extended main leave) is provided to employees in
in accordance with this Code and other federal laws.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 116 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law

Page 88

See the text of the article in the previous edition
Article 116. Annual additional paid leave
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 116 of the Labor Code of the Russian Federation
Annual additional paid holidays are granted to employees ,
employed in work with harmful and (or) dangerous working conditions, employees ,
with a special nature of work, employees with irregular working hours,
employeesworking in the regions of the Far North and equivalent areas,
as well as in other cases provided for by this Code and other
federal laws.
Employers, taking into account their production and financial capabilities
can independently establish additional holidays for employees if
otherwise is not provided for by this Code and other federal laws. Order
and the conditions for the granting of these holidays are determined by collective agreements or
local regulations, which are adopted taking into account the opinion of the elected
body of the primary trade union organization.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013, Article 117 of this Code
set out in a new edition, effective from January 1, 2014.
See the text of the article in the previous edition
Article 117. Annual additional paid leave for employees,
employed in work with harmful and (or) dangerous working conditions
GUARANTEE:

See Encyclopedias and other comments on article 117 of the Labor Code of the Russian Federation
Annual additional paid leave is granted to employees,
working conditions at workplaces of which, according to the results of a special assessment of conditions
labor classified as hazardous working conditions 2, 3 or 4 degrees or hazardous conditions
labor.
The minimum duration of the annual additional paid
leave to employees specified in part one of this article is 7
calendar days.
Duration of additional annual paid leave
a specific employee is established by an employment contract based on the industry
(intersectoral) agreement and collective bargaining agreement based on the results
special assessment of working conditions.
Based on the sectoral (intersectoral) agreement and collective
contracts, as well as the written consent of the employee, drawn up by concluding
separate agreement to the employment contract, part of the annual additional
paid vacation that exceeds the minimum duration of the given
leave, established by part two of this article, may be replaced
separately established monetary compensation in the order, in the amount and on
conditions that are established by the sectoral (intersectoral) agreement and
collective agreements.
Article 118. Annual additional paid leave for special
nature of work
GUARANTEE:

Cm. Encyclopedias and other comments on Article 118 of the Labor Code of the Russian Federation

Page 89

Certain categories of workers whose work is associated with the peculiarities
performance of work, an annual additional paid
vacation.
The list of categories of employees who are assigned an annual
additional paid leave for the special nature of work, and
the minimum duration of this vacation and the conditions for its provision
determined by the Government of the Russian Federation.
Information about changes:

Federal Law No. 55-FZ of April 2, 2014 into Article 119 of this Code
changes made
See the text of the article in the previous edition
Article 119. Annual additional paid leave for employees with
irregular working hours
GUARANTEE:

See Encyclopedias and other comments on Article 119 of the Labor Code of the Russian Federation
Workers with irregular working hours are provided with an annual
additional paid vacation, the duration of which is determined
collective agreement or the rules of internal labor regulations, and that
there cannot be less than three calendar days.
GUARANTEE:

On the provision of additional paid leave for irregular
working day see help
The procedure and conditions for the provision of an annual additional paid
holidays for employees with irregular working hours are established in federal
state institutions by regulatory legal acts of the Government
Of the Russian Federation, in state institutions of the subject of the Russian
Federation by regulatory legal acts of state authorities of the subject
Of the Russian Federation, in municipal institutions by regulatory legal
acts of local self-government bodies.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 120 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 120. Calculation of the duration of annual paid leave
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 120 of the Labor Code of the Russian Federation
Duration of annual main and additional paid
employee vacations are calculated in calendar days and the maximum limit is not
limited. Non-working holidaysfalling on the period of the annual
main or additional annual paid leave, including
calendar days of vacation are not included.
When calculating the total duration of the annual paid leave
additional paid vacations are summed up with the annual main
paid vacation.

Page 90

Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 121 of this Code
changes made
See the text of the article in the previous edition
Article 121. Calculation of the length of service, giving the right to annual
paid vacations
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 121 of the Labor Code of the Russian Federation
Work experience, which gives the right to an annual basic paid leave,
include:
actual work time;
the time when the employee did not actually work, but for him in accordance with
labor legislation and other regulatory legal acts containing
нормы трудового права, коллективным договором, соглашениями, локальными
normative acts, the employment contract retained the place of work (position), in
including the time of annual paid leave, non-working holidays,
weekends and other days of rest provided to the employee;
time of forced absenteeism in case of illegal dismissal or suspension from
work and subsequent restoration at the previous job;
the period of suspension from work of an employee who has not passed the mandatory
medical examination through no fault of their own;
time of vacations provided at the request of the employee without retention
wages not exceeding 14 calendar days during the working year.
The length of service, which gives the right to annual basic paid leave, is not
include:
the time an employee is absent from work without good reason, including
due to his suspension from work in the cases provided for in Article 76
of this Code;
time of parental leave until it reaches the statutory
age;
the fourth paragraph has ceased to be in force .
Information about changes:

See text paragraph four of the second part of Article 121
Work experience, giving the right to additional annual paid
leave for work with harmful and (or) dangerous working conditions, included only
the time actually worked under the appropriate conditions.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 122 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 122. Procedure for granting annual paid leave
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 122 of the Labor Code of the Russian Federation
Paid leave must be granted to the employee annually.
The right to use leave for the first year of work arises from the employee

Page 91

the expiration of six months of his continuous work with the given employer. By
by agreement of the parties, the employee may be granted a paid leave before
the expiration of six months.
Until the expiration of six months of continuous work, paid leave for
the employee's application must be provided with:
women - before maternity leave or immediately after
him;
employees under the age of eighteen;
employees who have adopted a child (children) under the age of three months;
в других случаях, предусмотренных федеральными законами.
GUARANTEE:

See also Regulations on regular and additional vacations approved by
People's Commissariat of Labor of the USSR April 30, 1930 N 169
Leave for the second and subsequent years of work can be granted at any
time of the working year in accordance with the order in which the annual
paid vacations established for the given employer.
GUARANTEE:

See Form N T-6 "Order (order) on granting leave to an employee",
утвержденную постановлением Госкомстата РФ от 5 января 2004 г. N 1
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 123 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 123. Priority of granting annual paid leaves
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 123 of the Labor Code of the Russian Federation
The priority of the provision of paid vacations is determined annually at
according to the vacation schedule approved by the employer, taking into account the opinion
the elected body of the primary trade union organization no later than two weeks
before the onset of the calendar year in the manner prescribed by Article 372 of this
Of the Code for the adoption of local regulations.
The vacation schedule is compulsory for both the employer and the employee.
The employee must be notified of the start time of the vacation against signature no later than
than two weeks before it starts.
GUARANTEE:

Cm. Form T-7 "Vacation Schedule" approved by the decree of the State Statistics Committee of the Russian Federation of 5
January 2004 N 1
For certain categories of employees in the cases provided for by this
The Code and other federal laws, annual paid leave
provided at their request at a convenient time for them. At the request of the husband, the annual
leave is granted to him while his wife is on maternity leave
and childbirth, regardless of the time of his continuous work with the given employer.
Information about changes:

Page 92

Federal Law of June 30, 2006 N 90-FZ into Article 124 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 124. Extension or postponement of annual paid leave
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 124 of the Labor Code of the Russian Federation
Annual paid leave must be extended or rescheduled
the period determined by the employer, taking into account the wishes of the employee, in the following cases:
temporary disability of an employee;
performance by the employee during the annual paid leave

state duties, if for this the labor legislation
exemption from work is provided;
in other cases provided for by labor legislation, local
regulations.
If the employee has not been paid in a timely manner for the time of the annual
paid vacation or the employee was warned about the start time of this
leave later than two weeks before its start, then the employer, in writing
the employee's application is obliged to transfer the annual paid leave to another
term agreed with the employee.
In exceptional cases, when granting leave to an employee in the current
working year may adversely affect the normal course of work
an organization, an individual entrepreneur, is allowed with the consent of the employee
transfer of vacation to the next working year. In this case, the vacation should be
used no later than 12 months after the end of the working year for which he
provided.
Failure to provide annual paid leave during
two consecutive years, as well as failure to provide annual paid leave
workers under the age of eighteen and workers employed in jobs with
harmful and (or) dangerous working conditions.
Article 125. Division of annual paid leave into parts. Review from
leave
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 125 of the Labor Code of the Russian Federation
By agreement between the employee and the employer, the annual paid
vacation can be divided into parts. Moreover, at least one of the parts of this vacation
must be at least 14 calendar days.
The recall of an employee from vacation is allowed only with his consent.
The unused part of the vacation must be provided by choice
an employee at a convenient time for him during the current working year, or
added to vacation for the next business year.
It is not allowed to recall employees under the age of eighteen from vacation,
pregnant women and workers engaged in work with harmful and (or) dangerous
working conditions.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 126 of this
The Code has been amended to come into force on January 1, 2014.

Page 93

See the text of the article in the previous edition
Article 126. Replacement of annual paid leave with monetary compensation
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 126 of the Labor Code of the Russian Federation
The part of the annual paid leave exceeding 28 calendar days, according to
a written application from the employee may be replaced by monetary compensation.
When adding up annual paid vacations or postponing
annual paid leave for the next working year in cash compensation
a portion of each annual paid leave in excess of
28 calendar days, or any number of days from this part.
Substitution of monetary compensation for the annual principal is not allowed.
paid vacation and annual additional paid vacation
pregnant women and workers under the age of eighteen, and
annual additional paid leave for employees employed in jobs with
harmful and (or) dangerous working conditions, for work in appropriate conditions (for
excluding the payment of monetary compensation for unused vacation when
dismissal, as well as cases established by this Code ).
Article 127. Exercise of the right to leave upon dismissal of an employee
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 127 of the Labor Code of the Russian Federation
On the constitutional and legal meaning of the provisions of the first part of Article 127 of this
Of the Code, see Resolution of the Constitutional Court of the Russian Federation of October 25, 2018 N 38-P
Upon dismissal, the employee is paid monetary compensation for everything
unused vacations.
Unused vacations may be subject to a written application from the employee.
provided to him with subsequent dismissal (except in cases of dismissal
for guilty actions). In this case, the last day of vacation is considered the day of dismissal.
GUARANTEE:

According to the legal position of the Constitutional Court of the Russian Federation, formulated in
The definition of January 25, 2007 N 131-O-O, the employer, in order to properly
comply with the provisions of the Labor Code of the Russian Federation (in particular, its Articles 84.1, 136 and
140 ) the obligation to formalize the dismissal and settlements with the dismissed employee,
must proceed from the fact that the last day of work of the employee is not the day of his
dismissal (last day of vacation), and the day preceding the first day of vacation
Upon dismissal due to the expiration of the term of the employment contract, leave from
subsequent dismissal may also be granted when the vacation time
in whole or in part goes beyond the term of this agreement. In this case, in the afternoon
dismissal is also considered the last day of the vacation.
When granting leave with subsequent dismissal upon termination
employment contract on the initiative of the employee, this employee has the right to revoke his
letter of resignation before the day of the start of the vacation, if in his place he was not invited to
the order of transfer to another employee.
GUARANTEE:

For leave with subsequent dismissal, see letters of the FSS RF dated January 28, 2014 .
N 15-02-01 / 04-9363p and Rostrudadated December 24, 2007 N 5277-6-1
Information about changes:

Page 94

Article 128 amended from May 5, 2020 - Federal Law of April 24, 2020 N 127FZ
See previous edition
Article 128. Unpaid leave
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 128 of the Labor Code of the Russian Federation
For family reasons and other valid reasons, the employee for his
a written application may be granted leave without pay
pay, the duration of which is determined by agreement between the employee and
employer.
The employer is obliged, on the basis of a written application from the employee
provide unpaid leave:
participants of the Great Patriotic War - up to 35 calendar days a year;
working old-age pensioners (by age) - up to 14 calendar days in
year;
parents and wives (husbands) of military personnel, employees of internal
affairs, federal fire service, customs authorities, employees
institutions and bodies of the penal system, bodies of compulsory
execution, killed or died as a result of injury, concussion or injury,
received in the performance of duties of military service (service), or as a result of
diseases associated with military service (service) - up to 14
calendar days in a year;
working disabled people - up to 60 calendar days a year;
employees in cases of childbirth, marriage registration, death of loved ones
relatives - up to five calendar days;
in other cases provided for by this Code, other federal
laws or collective agreement.
Section VI. Payment and regulation of labor
GUARANTEE:

Cm. scheme "Remuneration",Scheme "Labor rationing"

Chapter 20. General provisions

Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 129 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
GUARANTEE:

On the constitutional and legal meaning of the interrelated provisions of Article 129, parts
first and third article 133, parts one, second , third , fourth and
eleventh Article 133.1 of this Code see the decisions of the Constitutional
Court of the Russian Federation of December 7, 2017 N 38-P ,dated April 11, 2019 N 17-P andfrom 2019 g 16 December .
N 40-P
Article 129. Basic concepts and definitions
GUARANTEE:

Page 95

Cm. Encyclopedias, positions of higher courts and other comments on Article 129 of the Labor Code of the Russian Federation
Wages (remuneration of an employee) - remuneration for work in
depending on the qualifications of the employee, complexity, quantity, quality and conditions
work performed, as well as compensation payments (additional payments and allowances
compensatory nature, including for work in conditions deviating from
normal, work in special climatic conditions and in areas exposed to
radioactive contamination, and other compensatory payments) and
incentive payments (additional payments and incentive payments, bonuses and
other incentive payments).
Part two became invalid on September 1, 2007.
Information about changes:

See text part two of article 129
Tariff rate - a fixed amount of the employee's remuneration for
fulfillment of labor standards of a certain complexity (qualification) per unit of time
excluding compensation, incentive and social payments.
Salary (official salary) - a fixed amount of remuneration of an employee
for the performance of labor (official) duties of a certain complexity for
calendar month excluding compensation, incentive and social payments.
Base salary (base official salary), base wage rate
pay - minimum salary (official salary), employee wage rate
state or municipal institution carrying out
professional activity in the profession of a worker or the position of an employee,
included in the relevant professional qualification group, excluding
compensation, incentive and social payments.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 130 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 130. Basic state guarantees for remuneration of workers
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 130 of the Labor Code of the Russian Federation
To the system of basic state guarantees for the remuneration of workers
include:
the size of the minimum wage in the Russian Federation;
third paragraph invalidated from January 1, 2005;
Information about changes:

See text third paragraph of Article 130
measures to ensure an increase in the level of real wages
boards;
limiting the list of grounds and amounts of deductions from wages for
the employer's order, as well as the amount of taxation of income from
wages;
limitation of wages in kind;
ensuring that the employee receives wages in the event of termination
activities of the employer and his insolvency in accordance with
federal laws ;
federal state supervision of compliance with labor
legislation and other regulatory legal acts containing labor standards

Page 96

rights, including conducting checks on the completeness and timeliness of payment
wages and the implementation of state guarantees for labor remuneration;
employers' liability for violation of the requirements established
labor legislation and other regulatory legal acts containing
labor law norms, collective agreements, agreements;
terms and sequence of payment of wages.
Information about changes:

Article 131 amended from February 16, 2018 - Federal Law of February 5, 2018 No.
N 8-FZ
See previous edition
Article 131. Forms of remuneration
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 131 of the Labor Code of the Russian Federation
Payment of wages is made in cash in the currency of the Russian
Federation (in rubles). In cases stipulated by the legislation of the Russian
Federation on currency regulation and currency control, payment of wages
can be produced in foreign currency.
In accordance with a collective agreement or an employment agreement for
a written application of the employee, remuneration may be made in other forms ,
not contradicting the legislation of the Russian Federation and international
treaties of the Russian Federation. Share of wages paid in
in non-cash form, cannot exceed 20 percent of the accrued monthly
wages.
Payment of wages in bonds, coupons, in the form of promissory notes,
receipts, as well as in the form of alcoholic beverages, narcotic, poisonous, harmful and other
toxic substances, weapons, ammunition and other items for which
there are bans or restrictions on their free circulation, it is not allowed.
Information about changes:

Federal Law No. 55-FZ of April 2, 2014 into Article 132 of this Code
changes made
See the text of the article in the previous edition
Article 132. Payment according to work
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 132 of the Labor Code of the Russian Federation
The salary of each employee depends on his qualifications, complexity
work performed, quantity and quality of labor expended and maximum
the size is not limited, except for the cases provided for by this
The Code.
Any discrimination is prohibited in establishing and changing
terms of remuneration.
Chapter 21. Wages

Information about changes:

Federal Law No. 54-FZ of April 20, 2007 into Article 133 of this Code
changes have been made that come into force on September 1, 2007.

Page 97

See the text of the article in the previous edition
Article 133. Determination of the minimum wage
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 133 of the Labor Code of the Russian Federation
On the constitutional and legal meaning of the interrelated provisions of Article 129, parts
first and third article 133, parts one, second , third , fourth and
eleventh Article 133.1 of this Code see the decisions of the Constitutional
Court of the Russian Federation of December 7, 2017 N 38-P ,dated April 11, 2019 N 17-P andfrom 2019 g 16 December .
N 40-P
The minimum wage is set simultaneously for the entire
the territory of the Russian Federation by federal law and cannot be lower
values subsistenceable-bodied population.
GUARANTEE:

In accordance with Article 421 of this Code, the procedure and terms of the phased
raising the minimum wage to the amount provided for in part
first article 133, are established федеральным законом
The minimum wage established by federal law,
provided:
organizations financed from the federal budget - at the expense of funds
federal budget, extrabudgetary funds, as well as funds received from
business and other income-generating activities;
organizations financed from the budgets of the constituent entities of the Russian Federation,
- at the expense of the budgets of the constituent entities of the Russian Federation, extrabudgetary funds, and
also funds received from entrepreneurial and other income-generating
activities;
organizations financed from local budgets - at the expense of local
budgets, extrabudgetary funds, as well as funds received from
business and other income-generating activities;
other employers - at their own expense.
GUARANTEE:

On the constitutional and legal meaning of the interrelated provisions of Article 129, parts
first and third article 133, parts one, second , third , fourth and
eleventh Article 133.1 of this Code see the decisions of the Constitutional
Court of the Russian Federation of December 7, 2017 N 38-P ,dated April 11, 2019 N 17-P andfrom 2019 g 16 December .
N 40-P
The monthly wage of an employee who fully worked during this period
working hours and fulfilling the labor standards (labor duties), cannot
be below the minimum wage.
Part four became invalid on September 1, 2007.
Information about changes:

See text part four of Article 133
Federal Law No. 242-FZ of July 18, 2011 into Article 133.1 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 133.1. Determination of the size of the minimum wage in the subject
Russian Federation
GUARANTEE:

Page 98

See Encyclopedias. positions of the higher courts and other comments on Article 133.1 of the Labor Code of the Russian Federation
On the constitutional and legal meaning of the interrelated provisions of Article 129, parts
first and third article 133, parts one, second , third , fourth and
eleventh Article 133.1 of this Code see the decisions of the Constitutional
Court of the Russian Federation of December 7, 2017 N 38-P ,dated April 11, 2019 N 17-P andfrom 2019 g 16 December .
N 40-P
In a constituent entity of the Russian Federation, a regional agreement on the minimum
wages can be set the size of the minimum wage in
subject of the Russian Federation.
GUARANTEE:

On the constitutional and legal meaning of the interrelated provisions of Article 129, parts
first and third article 133, parts one, second, third , fourth and
eleventh Article 133.1 of this Code see the decisions of the Constitutional
Court of the Russian Federation of December 7, 2017 N 38-P ,dated April 11, 2019 N 17-P andfrom 2019 g 16 December .
N 40-P
The amount of the minimum wage in a constituent entity of the Russian Federation may
installed for employees working on the territory of the relevant
subject of the Russian Federation, with the exception of employees of organizations,
financed from the federal budget.
GUARANTEE:

On the constitutional and legal meaning of the interrelated provisions of Article 129, parts
first and third article 133, parts one, second , third, fourth and
eleventh Article 133.1 of this Code see the decisions of the Constitutional
Court of the Russian Federation of December 7, 2017 N 38-P ,dated April 11, 2019 N 17-P andfrom 2019 g 16 December .
N 40-P
The size of the minimum wage in the constituent entity of the Russian Federation
is established taking into account the socio-economic conditions and the size of the subsistence
the minimum working population in the corresponding constituent entity of the Russian
Federation.
GUARANTEE:

On the constitutional and legal meaning of the interrelated provisions of Article 129, parts
first and third article 133, parts one, second , third , fourth and
eleventh Article 133.1 of this Code see the decisions of the Constitutional
Court of the Russian Federation of December 7, 2017 N 38-P ,dated April 11, 2019 N 17-P andfrom 2019 g 16 December .
N 40-P
The amount of the minimum wage in a constituent entity of the Russian Federation is not
may be below the minimum wage established by the federal
by law.
The size of the minimum wage in the constituent entity of the Russian Federation
provided:
organizations financed from the budgets of the constituent entities of the Russian Federation,
- at the expense of the budgets of the constituent entities of the Russian Federation, extrabudgetary funds, and
also funds received from entrepreneurial and other income-generating
activities;
organizations financed from local budgets - at the expense of local
budgets, extrabudgetary funds, as well as funds received from
business and other income-generating activities;
other employers - at their own expense.
Development of a draft regional agreement on the minimum wage and

Page 99

the conclusion of this agreement is carried out by a tripartite commission on
regulation of social and labor relations of the corresponding subject of the Russian
Federation in the manner prescribed by Article 47 of this Code.
After the conclusion of the regional agreement on the minimum wage
the head of the authorized executive body of the constituent entity of the Russian
Federation offers employers operating in the territory
of this constituent entity of the Russian Federation and did not participate in the conclusion of this
agreement, join it. This proposal is subject to official
published together with the text of this agreement. Head of the authorized
the executive authority of the constituent entity of the Russian Federation notifies
the publication of the said proposals and agreements by the federal body
executive power, carrying out the functions of developing state
labor policy and regulations.
If employers operating in the territory
the corresponding constituent entity of the Russian Federation, within 30 calendar days from
the day of the official publication of the proposal to join the regional
the minimum wage agreement was not submitted to the authorized body
executive power of the constituent entity of the Russian Federation motivated written
refusal to join it, then the said agreement is considered extended to
these employers from the date of the official publication of this proposal and is subject to
compulsory execution by them. A protocol must be attached to the specified refusal.
consultations of the employer with the elected body of the primary trade union organization,
uniting employees of this employer, and proposals on the timing of the increase
the minimum wage of employees up to the amount provided for by the specified
соглашением.
GUARANTEE:

The religious organization has the right not to attach the protocol of consultations to the refusal and
proposals on the timing of the increase in the minimum wage specified in
previous paragraph
If the employer refuses to join the regional agreement on
minimum wage head of the authorized body of the executive
the authorities of the subject of the Russian Federation have the right to invite representatives of this
employer and representatives of the elected body of the primary trade union
an organization uniting employees of a given employer to conduct
consultations with the participation of representatives of the parties to the tripartite commission on
regulation of social and labor relations of the corresponding subject of the Russian
Federation. Employer representatives, representatives of the elected body of the primary
trade union organization and representatives of the said tripartite commission are obliged
take part in these consultations.
Copies of employers' written refusals to join the regional
the agreement on the minimum wage are sent by the authorized body
executive power of the constituent entity of the Russian Federation to the appropriate
territorial body of the federal executive body authorized
on the implementation of federal state supervision over the observance of labor
legislation and other regulatory legal acts containing labor standards
rights.
GUARANTEE:

On the constitutional and legal meaning of the interrelated provisions of Article 129, parts
first and third article 133, parts one, second , third , fourth and
the eleventh article 133.1 of this Code see see regulations

Page 100

Of the Constitutional Court of the Russian Federation of December 7, 2017 N 38-P, dated April 11, 2019 N 17-P andfrom
December 16, 2019 N 40-P
Monthly wages of an employee working in the territory
the corresponding constituent entity of the Russian Federation and consisting of labor
relations with an employer in respect of which a regional agreement on
the minimum wage is valid in accordance with parts three and four
Article 48 of this Code or to which the said agreement is extended in
the procedure established by parts six through eighth of this article cannot be
below the minimum wage in this constituent entity of the Russian Federation
provided that the specified employee has fully worked out the norm during this period
working time and fulfilled labor standards (labor duties).
Information about changes:

Federal Law No. 55-FZ of April 2, 2014 into Article 134 of this Code
changes made
See the text of the article in the previous edition
Article 134. Ensuring an increase in the level of real content of wages
fees
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 134 of the Labor Code of the Russian Federation
Ensuring an increase in the level of real content of wages
includes the indexation of wages in connection with the rise in consumer prices for
goods and services. State bodies, local self-government bodies,
state and municipal institutions make indexation of wages
payments in the manner prescribed by labor legislation and other regulatory
legal acts containing labor law norms, other employers - in
the procedure established by the collective agreement, agreements, local
regulations.
GUARANTEE:

In the part of the question of indexing, see the legal position of the courts
For changes in the consumer price index, see. help
Information about changes:

Federal Law No. 55-FZ of April 2, 2014 into Article 135 of this Code
changes made
See the text of the article in the previous edition
Article 135. Determination of wages
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 135 of the Labor Code of the Russian Federation
The salary of an employee is established by an employment contract in
compliance with the applicable remuneration systems of the employer.
Remuneration systems, including the size of tariff rates, salaries
(official salaries), additional payments and allowances of a compensatory nature, including for
work in conditions deviating from normal, system of surcharges and allowances
incentive and bonus systems are established by collective
contracts, agreements, local regulations in accordance with
labor legislation and other regulatory legal acts containing
labor law norms.

Page 101

Russian Trilateral Commission on the Regulation of Social and Labor
relations annually before submission to the State Duma of the Federal Assembly
Of the Russian Federation of the draft federal law on the federal budget for
the next financial year and planning period develops uniform recommendations for
the establishment of wage systems at the federal, regional and local levels
employees of state and municipal institutions. These recommendations
taken into account by the Government of the Russian Federation, executive authorities
constituent entities of the Russian Federation and local self-government bodies under
determining the volume of financial support for the activities of state and
municipal institutions, including in the field of health care, education, science,
culture. If the parties to the Russian Tripartite Regulatory Commission
social and labor relations have not reached an agreement, the specified recommendations
approved by the Government of the Russian Federation, and the opinion of the parties to the Russian
the tripartite commission for the regulation of social and labor relations is brought
to the subjects of the Russian Federation by the Government of the Russian Federation.
Local regulations establishing wage systems,
are accepted by the employer taking into account the opinion of the representative body of employees.
The terms of remuneration determined by the employment contract cannot be
worsened in comparison with those established by labor legislation and other
regulatory legal acts containing labor law norms, collective
contract, agreements, local regulations.
The terms of remuneration determined by the collective bargaining agreement, agreements,
local regulations cannot be worsened in comparison with
established by labor law and other regulatory legal
acts containing labor law norms.
Information about changes:

Article 136 amended from August 6, 2019 - Federal Law of July 26, 2019 N 231FZ
See previous edition
Article 136. Procedure, place and terms of payment of wages
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 136 of the Labor Code of the Russian Federation
When paying wages, the employer is obliged to notify in writing
the uniform of each employee:
1) on the constituent parts of the wages due to him for the corresponding
period;
2) on the amount of other amounts accrued to the employee, including monetary
compensation for violation of the established time limit by the employer, respectively
salary payments, vacation pay, dismissal payments and (or) other
payments due to the employee;
3) on the amount and on the grounds for the deductions made;
4) about the total amount of money to be paid.
The form of the payroll is approved by the employer, taking into account the opinion
representative body of employees in the manner prescribed by article 372
of this Code for the adoption of local regulations.
The salary is paid to the employee, as a rule, at the place where he performs
work or transferred to a credit organization specified in the employee's application,
on the terms determined by the collective agreement or employment contract.

Page 102

The employee has the right to replace the credit organization to which he is to be transferred
salary by notifying the employer in writing of the change
details for the transfer of wages no later than fifteen calendar
days before the day of payment of wages.
The place and terms of payment of wages in non-cash form are determined
collective agreement or employment agreement.
Wages are paid directly to the employee, with the exception of
cases when another method of payment is provided for by federal law or
labor contract.
Salaries are paid at least every half month. Specific
the date of payment of wages is established by the rules of internal labor
schedule, collective agreement or employment contract no later than 15
calendar days from the date of the end of the period for which it was charged.
For certain categories of employees, federal law may be
installed other terms of payment of wages.
If the day of payment coincides with a weekend or a non-working holiday
payment of wages is made on the eve of this day.
Payment for the vacation is made no later than three days before its start.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 137 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 137. Limitation of deductions from wages
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 137 of the Labor Code of the Russian Federation
Deductions from the employee's wages are made only in cases where
provided for by this Code and other federal laws.
Deductions from the employee's wages to pay off his debts
the employer can be made:
to reimburse the unearned advance paid to the employee on account of wages
boards;
to repay an unspent and timely not returned advance,
issued in connection with a business trip or transfer to another job in
other locality, as well as in other cases;
to return amounts overpaid to an employee due to counting errors,
as well as the amounts overpaid to the employee, if recognized by the body for
consideration of individual labor disputes, the fault of the employee in the failure to comply with the norms
labor ( part three of Article 155 of this Code) or simple ( part three of article and
157 of this Code);
upon dismissal of an employee before the end of the working year on account of which he
has already received annual paid leave for unworked vacation days.
Deductions for these days are not made if the employee leaves for reasons
provided for in paragraph 8 of part one of Article 77 or paragraphs 1 , 2 or 4 of part
first article 81 ,paragraphs 1, 2 ,five, 6 and 7 of Article 83 of this Code.
In the cases provided for by the second, third and fourth paragraphs of the second part
of this article, the employer has the right to make a decision on deduction from wages
the employee's wages no later than one month from the date of the end of the period established for

Page 103

repayment of an advance, repayment of debt or miscalculated payments, and
provided that the employee does not dispute the grounds and amount of the retention.
Wages overpaid to an employee (including when
misapplication of labor laws or other regulatory legal
acts containing labor law norms) cannot be collected from him, for
except in cases:
counting error;
if the individual labor dispute resolution body is found guilty
employee in non-fulfillment of labor standards (part three of Article 155 of this Code)
or simple ( part three of Article 157 of this Code);
if the wages were overpaid to the employee due to his
illegal actions established by the court.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 138 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 138. Limitation of the amount of deductions from wages
GUARANTEE:

See Encyclopedias and other comments on Article 138 of the Labor Code of the Russian Federation
The total amount of all deductions for each payment of wages cannot
exceed 20 percent, and in cases stipulated by federal laws - 50
percent of the wages owed to the employee.
Withholding from wages under several executive documents
the employee, in any case, must retain 50 percent of his wages
boards.
The restrictions established by this article do not apply to
deductions from wages when serving correctional labor, collection
alimony for minor children, compensation for harm caused to health
another person, compensation for harm to persons who have suffered damage in connection with the death of the breadwinner,
and compensation for damage caused by the crime. The amount of deductions from wages
fees in these cases cannot exceed 70 percent.
Deductions from payments for which, in accordance with the federal
no claim is made by law .
Information about changes:

Federal Law No. 55-FZ of April 2, 2014 into Article 139 of this Code
changes made
See the text of the article in the previous edition
Article 139. Calculation of average wages
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 139 of the Labor Code of the Russian Federation
For all cases of determining the size of the average wage (average
earnings) provided for by this Code, a unified procedure for its
calculus.
To calculate the average wage, all the stipulated
pay system types of payments applied by the respective employer
regardless of the source of these payments.

Page 104

In any mode of operation, the calculation of the average wage of an employee
is made on the basis of actually accrued wages and actually
time worked by him for 12 calendar months preceding the period, in
during which the employee retains the average wage. Wherein
a calendar month is the period from the 1st to the 30th (31st) day of the corresponding
months inclusive (in February - through the 28th (29th) day inclusive).
Average daily earnings for vacation pay and compensation for
unused vacations are calculated for the last 12 calendar months by
dividing the amount of accrued wages by 12 and 29.3 (average monthly number
calendar days).
Average daily earnings for paid vacations granted to workers
days, in the cases provided for by this Code, as well as for payment
compensation for unused vacations is determined by dividing the amount
accrued wages for the number of working days in the calendar
six-day work week.
In a collective agreement, a local normative act, there may be
other periods are provided for calculating the average wage, if it is not
worsens the situation of workers.
Features of the procedure for calculating the average wage established
of this article are determined by the Government of the Russian Federation, taking into account
opinions of the Russian Tripartite Commission for the Regulation of Social and Labor
relationships.
GUARANTEE:

To calculate vacation pay, use the calculatordeveloped by experts
company "Garant"
Article 140. Terms of calculation upon dismissal
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 140 of the Labor Code of the Russian Federation
Upon termination of the employment contract, the payment of all amounts due
to the employee from the employer, is made on the day of the employee's dismissal. If the employee
did not work on the day of dismissal, then the corresponding amounts must be paid not
later than the next day after the fired employee submits a request for
calculation.
In the event of a dispute about the amount due to the employee upon dismissal,
the employer is obliged, within the period specified in this article, to pay the uncontested
them the amount.
Article 141. Issuance of wages not received by the day of death of the employee
GUARANTEE:

See Encyclopedias and other comments on article 141 of the Labor Code of the Russian Federation
Wages not received by the day of the employee's death are issued to members of his
family or a person who was dependent on the deceased on the day of his death. Issuance
wages are made no later than a week from the date of submission
the employer of the relevant documents.
GUARANTEE:

The procedure for inheritance of unpaid amounts provided to a citizen as
livelihood, established by Article 1183 of the Civil Code of the Russian Federation

Page 105

Information about changes:

Federal Law of December 30, 2015 N 434-FZ into Article 142 of this
Code changed
See the text of the article in the previous edition
Article 142. Liability of the employer for violation of the terms of payment
wages and other amounts due to the employee
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 142 of the Labor Code of the Russian Federation
The employer and (or) authorized by him in the prescribed manner
representatives of the employer who have delayed the payment of wages to employees
fees and other payment violations are liable in accordance with
real The Code and other federal laws.
In case of delay in the payment of wages for a period of more than 15 days, the employee
has the right , by notifying the employer in writing, to suspend work for the entire
the period until the payment of the delayed amount. Suspension of work is not allowed:
during periods of the introduction of martial law, a state of emergency or special measures in
compliance with emergency legislation ;
in the bodies and organizations of the Armed Forces of the Russian Federation, other
military, paramilitary and other formations and organizations in charge of issues
ensuring the defense of the country and the security of the state, emergency rescue,
search and rescue, firefighting, prevention work or
elimination of natural disasters and emergencies, in law enforcement
organs;
civil servants;
in organizations directly serving especially dangerous species
productions, equipment;
employees whose job responsibilities include the performance of work,
directly related to ensuring the life of the population
(power supply, heating and heat supply, water supply, gas supply,
communications, ambulance and emergency medical stations).
During the period of suspension of work, the employee has the right, during his working hours
be absent from the workplace.
For the period of suspension of work, the employee retains an average
earnings.
An employee who was absent during his working hours at the workplace during the period
suspension of work, must go to work no later than the next working day
after receiving written notification from the employer about the readiness to make
payment of delayed wages on the day the employee leaves for work.
Information about changes:

Federal Law No. 236-FZ of December 3, 2012 into Article 143 of this Code
changes made
See the text of the article in the previous edition
Article 143. Tariff systems of remuneration
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 143 of the Labor Code of the Russian Federation
Tariff wage systems - wage systems based on

Page 106

the tariff system for differentiating the wages of workers of various
categories.
Tariff system for differentiating wages of employees of various
categories includes: tariff rates, salaries (official salaries), tariff
grid and tariff coefficients.
Tariff scale - a set of tariff categories of work (professions,
positions), determined depending on the complexity of the work and the requirements for
qualifications of workers using tariff coefficients.
Tariff category - a value reflecting the complexity of labor and the level
employee qualifications.
Qualification category - a value that reflects the level of professional
employee training.
Tariffication of work - assignment of types of labor to wage categories or
qualification categories depending on the complexity of the work.
The complexity of the work performed is determined on the basis of their tariffication.
The billing of work and the assignment of wage categories to employees are carried out from
taking into account a unified tariff and qualification reference book of jobs and professions of workers,
a unified qualification guide for the positions of managers, specialists and
employees or taking into account professional standards... The specified reference books and
the order of their application is approved in the orderestablished by the Government
Russian Federation.
GUARANTEE:

See also the All-Russian classifier of workers' professions, positions
employees and tariff categories, adopted by the decree of the Gosstandart of the Russian Federation of 26
December 1994 N 367
Tariff wage systems are established by collective agreements,
agreements, local regulations in accordance with labor
legislation and other regulatory legal acts containing norms
labor law. Tariff wage systems are established taking into account a single
tariff and qualification reference book of jobs and professions of workers, a single
qualification reference book of positions of managers, specialists and employees
or professional standards, as well as taking into account state guarantees for
wages.
Information about changes:

Article 144 amended from November 20, 2020 - Federal Law of November 9, 2020 N
362-FZ
See previous edition
Article 144. Systems of remuneration of employees of state and municipal
institutions
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 144 of the Labor Code of the Russian Federation
Labor remuneration systems (including tariff systems of labor remuneration) for employees
state and municipal institutions are established:
in federal state institutions - collective agreements,
agreements, local regulations in accordance with federal
laws and other regulatory legal acts of the Russian Federation;
in state institutions of the constituent entities of the Russian Federation -

Page 107

collective agreements, agreements, local regulations in
in accordance with federal laws and other regulatory legal acts
Of the Russian Federation, laws and other regulatory legal acts of the subjects
Russian Federation;
in municipal institutions - collective agreements, agreements,
local regulations in accordance with federal laws and other
regulatory legal acts of the Russian Federation, laws and other
regulatory legal acts of the constituent entities of the Russian Federation and regulatory
legal acts of local self-government bodies.
The government of the Russian Federation can set base salaries
(base official salaries), base salary rates for
professional qualification groups.
The wages of employees of state and municipal institutions are not
may be lower than the baseline established by the Government of the Russian Federation
salaries (base official salaries), base wage rates
relevant professional qualification groups.
Base salaries (base official salaries), base salaries
fees established by the Government of the Russian Federation are provided by:
federal government agencies - at the expense of the federal
budget;
state institutions of the constituent entities of the Russian Federation - at the expense of
funds from the budgets of the constituent entities of the Russian Federation;
municipal institutions - at the expense of local budgets.
Remuneration systems for employees of state and municipal institutions
are established taking into account the unified tariff and qualification reference book of works and
professions of workers, a unified qualification reference book of positions
managers, professionals and employees or professional standardsand also with
taking into account state guarantees for wages, recommendations of the Russian
tripartite commission for the regulation of social and labor relations ( part
the third article 135 of this Code) and the opinions of the relevant trade unions
(trade union associations) and employers' associations.
Vocational qualification groups - groups of occupations of workers and
positions of employees, formed taking into account the field of activity on the basis of
requirements for the level of qualifications that are necessary to implement
appropriate professional activity.
Occupational qualification groups and criteria for assigning occupations
workers and employees' positions to professional qualification groups
are approved by the federal executive body implementing
функции по выработке государственной политики и нормативно-правовому
labor regulation.
The Government of the Russian Federation has the right to approve requirements for systems
remuneration of employees of state and municipal institutions, including
part of the establishment (differentiation) of salaries (official salaries), rates
wages, lists of compensatory payments that stimulate
payments, conditions for assigning compensation payments that stimulate
payments.
When the Government of the Russian Federation approves the requirements for systems
remuneration of employees of state and municipal institutions is determined
the scope of activities of state and municipal institutions for which
the specified requirements apply, as well as the period during which such

Page 108

institutions need to bring the conditions of remuneration of workers in accordance with
specified requirements.
Information about changes:

Federal Law No. 347-FZ of July 3, 2016, Article 145 of this Code
изложена в новой редакции
See the text of the article in the previous edition
Article 145. Terms of remuneration of managers, their deputies, chief
accountants and members of collegial
executive bodies of organizations
GUARANTEE:

Cm. Encyclopedias and other comments on article 145 of the Labor Code of the Russian Federation
Remuneration conditions for managers, their deputies, chief accountants
state off-budget funds of the Russian Federation, territorial
compulsory health insurance funds, state or municipal
institutions, state or municipal unitary enterprises, as well as
managers, their deputies, chief accountants and concluding an employment contract
members of collegial executive bodies of state corporations,
state-owned companies and business entities, more than fifty percent
shares (stakes) in the authorized capital of which is state-owned
or municipal property, are determined by employment contracts in
compliance with this Code, other federal laws and other
regulatory legal acts of the Russian Federation, laws and other
regulatory legal acts of the constituent entities of the Russian Federation, regulatory
legal acts of local self-government bodies, constituent documents
legal entity (organization).
The maximum level of the ratio of the average monthly wage
heads, their deputies, chief accountants of state off-budget
funds of the Russian Federation, territorial funds of compulsory medical
insurance, state and municipal institutions, state and
municipal unitary enterprises formed from all sources
financial support and calculated for the calendar year, and the average monthly
wages of employees of such funds, institutions, enterprises (excluding
the salary of the relevant leader, his deputies, the main
accountant) is determined by a state body, local government body,
organization performing the functions and powers of the founder of the relevant
funds, institutions, enterprises, in an amount not exceeding the amount that
installed:
for managers, their deputies, chief accountants of state
off-budget funds of the Russian Federation, federal state
institutions, federal state unitary enterprises - regulatory
legal acts of the Government of the Russian Federation;
for managers, their deputies, chief accountants of territorial
compulsory health insurance funds, government agencies
constituent entities of the Russian Federation, state unitary enterprises of constituent entities
Of the Russian Federation - by the regulatory legal acts of the constituent entities of the Russian
Federation;
for managers, their deputies, chief accountants of municipal
institutions, municipal unitary enterprises - regulatory legal acts

Page 109

local government bodies.
Without taking into account the maximum level of the ratio of the size of the average monthly wage
payment specified in part two of this article, the conditions may be established
remuneration of managers, their deputies, chief accountants of state
off-budget funds of the Russian Federation, territorial funds of mandatory
health insurance, federal government agencies, federal
state unitary enterprises, state institutions of subjects
Of the Russian Federation, state unitary enterprises of the constituent entities of the Russian
Federation, municipal institutions, municipal unitary enterprises,
included in the lists approved respectively by the Government of the Russian
Federation, state authorities of the constituent entities of the Russian Federation,
local government bodies.
Terms of remuneration for the heads of other organizations, their deputies,
chief accountants and members of collegial
executive bodies of other organizations are established by agreement of the parties
трудового договора.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 146 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 146. Remuneration for Labor in Special Conditions
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 146 of the Labor Code of the Russian Federation
Remuneration for workers employed in work with harmful and (or) hazardous
working conditions, is produced at an increased rate.
Increased remuneration is also paid for the work of workers employed at work.
in areas with special climatic conditions.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 147 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 147. Remuneration for workers employed in work with harmful and (or)
hazardous working conditions
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 147 of the Labor Code of the Russian Federation
Remuneration for workers employed in work with harmful and (or) hazardous
working conditions, is set at an increased rate.
The minimum wage increase for workers employed in jobs with
harmful and (or) hazardous working conditions, is 4 percent of the tariff rate
(salary) established for various types of work with normal working conditions.
The specific amount of the increase in wages is established by the employer with
taking into account the opinion of the representative body of employees in the manner prescribed by article d
372 of this Code for the adoption of local regulations, or
collective agreement, labor agreement.
Information about changes:

Page 110

Federal Law of June 30, 2006 N 90-FZ into Article 148 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 148. Remuneration for work in areas with special climatic
conditions
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 148 of the Labor Code of the Russian Federation
Remuneration for work in areas with special climatic conditions
is made in the order and in the amount not lower than those established by the labor
legislation and other regulatory legal actscontaining norms
labor law.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 149 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 149. Remuneration for labor in other cases of performance of work in conditions,
deviating from normal
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 149 of the Labor Code of the Russian Federation
When performing work in conditions deviating from normal (when
performing work of various qualifications, combining professions (positions),
overtime work, night work, weekends and public holidays and
when performing work in other conditions deviating from normal), the employee
the corresponding payments are made , provided for by the labor
legislation and other regulatory legal acts containing norms
трудового права, коллективным договором, соглашениями, локальными нормативными
acts, employment contract. The amount of payments established by the collective
contract, agreements, local regulations, employment contract, not
may be lower than those established by labor laws and other regulatory
legal acts containing labor law norms.
Article 150. Remuneration for work when performing work of various qualifications
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 150 of the Labor Code of the Russian Federation
When an employee with time wages performs work of various
qualifications, his work is paid for work of higher qualifications.
When an employee with piecework wages performs work of various
qualifications, his work is paid according to the rates of work performed by him.
In cases where, taking into account the nature of the production, workers with piecework
remuneration is entrusted with the performance of work, charged below the assigned to them
ranks, the employer is obliged to pay them the inter-rank difference.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 151 of this Code

Page 111

is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 151. Remuneration for Combining Professions (Positions), Expansion
service areas, increased workload or performance
duties of a temporarily absent employee without exemption from
work defined by an employment contract
GUARANTEE:

See Encyclopedias and other comments on Article 151 of the Labor Code of the Russian Federation
When combining professions (positions), expanding service areas,
an increase in the volume of work or the performance of duties of a temporarily absent
an employee without release from work specified in an employment contract, an employee
additional payment is made.
The amount of the additional payment is established by agreement of the parties to the employment contract with
taking into account the content and (or) the amount of additional work (Article 60.2 of this
Of the Code).
Information about changes:

Federal Law No. 125-FZ of June 18, 2017 into Article 152 of this Code
changes made
See the text of the article in the previous edition
Article 152. Payment for overtime work
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 152 of the Labor Code of the Russian Federation
Overtime is paid for the first two hours of work at least
one and a half size, for the next hours - not less than double size.
The specific amount of remuneration for overtime work may be determined by the collective
agreement, local regulation or employment agreement. Optional
employee may be compensated for overtime work instead of increased pay
providing additional rest time, but not less time,
worked overtime.
Part two is no longer valid .
Information about changes:

See text part two of article 152
Work performed in excess of the norm of working hours on weekends and non-working hours
holidays and paid in an increased amount or compensated
providing another day of rest in accordance with Article 153 of this
Of the Code is not taken into account when determining the duration of overtime work,
payable in an increased amount in accordance with part one of this
статьи.
Information about changes:

Federal Law No. 125-FZ of June 18, 2017 into Article 153 of this Code
changes made
See the text of the article in the previous edition
Article 153. Remuneration for work on weekends and non-working holidays
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 153 of the Labor Code of the Russian Federation

Page 112

For wages on the day of national voting, see the information of the Federal
services for labor and employment from June 15, 2020
On the constitutional and legal meaning of the provisions of the first part of Article 153 of this
Of the Code, see the resolution of the Constitutional Court of the Russian Federation of June 28, 2018 N 26-P
Work on a weekend or a non-working holiday is paid at least in
double size:
piece-workers - not less than double piece-rate rates;
employees whose work is paid according to daily and hourly tariffs
rates - in the amount of at least double the daily or hourly tariff rate;
employees receiving a salary (official salary) - in the amount of at least
single daily or hourly rate (part of the salary (official salary) per day
or an hour of work) in excess of the salary (official salary), if work on a weekend or
non-working holiday was carried out within the monthly norm of the worker
time, and in the amount of at least double the daily or hourly rate (part of the salary
(official salary) per day or hour of work) in excess of the salary (official salary),
if the work was performed in excess of the monthly norm of working time.
Specific amounts of payment for work on a weekend or non-working holiday
the day can be established by a collective agreement, local regulation,
adopted taking into account the opinion of the representative body of workers, labor
agreement.
Increased payment is made to all employees for hours,
actually worked on a weekend or non-working holiday. If on
a day off or a non-working holiday falls on a part of the working day (shift), in
the increased amount is paid for the hours actually worked on the weekend or
non-working holiday (from 0 hours to 24 hours).
At the request of an employee who worked on a weekend or a non-working holiday
day, he may be given another day of rest. In this case, work in
a weekend or non-working holiday is charged in a single amount, and the day
rest is not payable.
Payment for work on weekends and non-working holidays of creative workers
mass media, organizations of cinematography, television and video filming
коллективов, театров, театральных и концертных организаций, цирков и иных лиц,
участвующих в создании и (или) исполнении (экспонировании) произведений, в
соответствии с перечнями работ, профессий, должностей этих работников,
утверждаемыми Правительством Российской Федерации с учетом мнения Российской
трехсторонней комиссии по регулированию социально-трудовых отношений, может
be determined on the basis of a collective agreement, a local normative act,
трудового договора.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 154 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 154. Remuneration for night work
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 154 of the Labor Code of the Russian Federation
Each hour of work at night is paid at an increased rate of
compared with work under normal conditions, but not lower than the dimensions established

Page 113

labor legislation and other regulatory legal acts containing
labor law norms.
Minimum wage increases for night work
are established by the Government of the Russian Federation, taking into account the opinion of the Russian
tripartite commission for the regulation of social and labor relations.
Specific amounts of the increase in wages for work at night
are established by a collective agreement, local normative act,
adopted taking into account the opinion of the representative body of workers, labor
agreement.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 155 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 155. Remuneration for non-fulfillment of labor standards, non-fulfillment of labor
(job) responsibilities
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 155 of the Labor Code of the Russian Federation
In case of non-fulfillment of labor standards, non-fulfillment of labor (official)
duties due to the fault of the employer, remuneration is made in the amount of at least
the average wage of an employee, calculated in proportion to the actual
time worked.
In case of non-fulfillment of labor standards, non-fulfillment of labor (official)
duties for reasons beyond the control of the employer and the employee, for the employee
at least two-thirds of the wage rate, salary (official salary) is retained,
calculated in proportion to the hours actually worked.
In case of non-fulfillment of labor standards, non-fulfillment of labor (official)
responsibilities through the fault of the employee payment of the standardized part of wages
produced in accordance with the amount of work performed.
Article 156. Remuneration for labor in the manufacture of products that turned out to be defective
GUARANTEE:

Cm. Encyclopedias and other comments on Article 156 of the Labor Code of the Russian Federation
Marriage through no fault of the employee is paid on an equal basis with suitable products.
Complete marriage due to the fault of the employee is not subject to payment.
Partial marriage due to the fault of the employee is paid at reduced rates in
depending on the degree of product suitability.
Information about changes:

Federal Law No. 13-FZ of February 28, 2008 into Article 157 of this
The Code has been amended to come into force on March 30, 2008.
See the text of the article in the previous edition
Article 157. Payment for downtime
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 157 of the Labor Code of the Russian Federation
Downtime ( Article 72.2 of this Code) due to the fault of the employer

Page 114

paid at least two thirds the average wage of an employee.
Downtime for reasons beyond the control of the employer and the employee,
paid in the amount of at least two-thirds of the tariff rate, salary (official
salary), calculated in proportion to the downtime.
Downtime due to the fault of the employee is not paid.
On the beginning of downtime caused by equipment breakdown and other reasons,
which make it impossible for the employee to continue to perform his work
functions, the employee is obliged to inform his immediate supervisor, another
the employer's representative.
If creative workers of the media, organizations
cinematography, television and video crews, theaters, theater and
concert organizations, circuses and other persons participating in the creation and (or)
performance (exhibiting) of works, in accordance with the lists of works,
professions, positions of these workers, approved by the Government of the Russian
Federation, taking into account the opinion of the Russian Tripartite Regulatory Commission
social and labor relations, do not participate in
creation and (or) performance (display) of works or do not act, then
the specified time is not a downtime and can be paid in the amount and order,
which are established by a collective agreement, a local normative act,
labor contract.
Article 158. Remuneration for labor in the development of new industries (products)
GUARANTEE:

See comments on article 158 of the Labor Code of the Russian Federation
A collective agreement or an employment agreement may provide
preservation of the employee's previous salary for the period of mastering a new one
production (products).
Chapter 22. Labor rationing
GUARANTEE:

Cm. Scheme "Labor rationing"
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 159 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 159. General Provisions
GUARANTEE:

Cm. Encyclopedias and other comments on Article 159 of the Labor Code of the Russian Federation
Employees are guaranteed:
state assistance to the systemic organization of labor rationing;
application of labor rate systems determined by the employer, taking into account
opinions of the representative body of workers or those established by the collective
agreement.
Information about changes:

Page 115

Federal Law of June 30, 2006 N 90-FZ into Article 160 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law

See the text of the article in the previous edition
Article 160. Labor standards
GUARANTEE:

Cm. certificate of labor standards (prepared by the experts of the company "Garant")
Cm. Encyclopedias and other comments on Article 160 of the Labor Code of the Russian Federation
Labor standards - production rates, time, headcount standards and others
norms - are established in accordance with the achieved level of technology, technology,
organization of production and labor.
Labor standards may be revised as they improve or
introduction of new equipment, technology and organizational or other
measures to ensure the growth of labor productivity, as well as in the case of
use of physically and morally obsolete equipment.
Achieving a high level of product development (provision of services) by individual
employees through the use on their initiative of new methods of work and
improvement of jobs is not a reason for revision earlier
established labor standards.
Information about changes:

Federal Law No. 160-FZ of July 23, 2008 into Article 161 of this Code
amendments have been made that come into force on January 1, 2009.
See the text of the article in the previous edition
Article 161. Development and approval of standard labor standards
GUARANTEE:

Cm. Encyclopedias and other comments on Article 161 of the Labor Code of the Russian Federation
For homogeneous work, standard equipment can be developed and installed.
(intersectoral, sectoral, professional and other) labor standards. Model Norms
labor are developed and approved in the manner prescribed by the authorized
The Government of the Russian Federation is a federal executive body.
Article 162. Introduction, replacement and revision of labor standards
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 162 of the Labor Code of the Russian Federation
Local regulations providing for the introduction, replacement and revision
labor standards are adopted by the employer taking into account the opinion of the representative body
workers.
Employees must be notified of the introduction of new labor standards no later than
in two months.
Article 163. Provision of normal working conditions for the fulfillment of norms
working out
GUARANTEE:

Cm. Encyclopedias and other comments on article 163 of the Labor Code of the Russian Federation

Page 116

The employer is obliged to provide normal conditions for performing
workers of production standards. Such conditions, in particular, include:
good condition of premises, structures, machines, technological equipment and
equipment;
timely provision of technical and other necessary for work
documentation;
proper quality of materials, tools, other means and items,
necessary for the performance of work, their timely provision to the employee;
working conditions that meet the requirements of labor protection and safety
production.
Section VII. Guarantees and compensations
GUARANTEE:

On the Features of the provision of individual guarantees and compensations to employees,
carrying out labor activities in the territory of the Republic of Crimea and
the territory of the federal city of Sevastopol see Federal Law of 14
October 2014 N 299-FZ
Cm. scheme "Guarantees and compensation for workers"
Cm. comments on section VII

Chapter 23. General Provisions

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 164 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 164. Concept of guarantees and compensations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 164 of the Labor Code of the Russian Federation
Guarantees - means, methods and conditions by which the
implementation of the rights granted to employees in the field of social and labor
relationships.
Compensation - monetary payments established for the purpose of reimbursement
employees of expenses related to the performance of their labor or other duties,
provided for by this Code and other federal laws.
Information about changes:

Article 165 amended from January 1, 2020 - Federal Law of December 16, 2019 N
439-ФЗ
See previous edition
Article 165. Cases of providing guarantees and compensations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 165 of the Labor Code of the Russian Federation
In addition to the general guarantees and compensations provided for by this Code
(guarantees for hiring, transferring to another job, for wages and others),

Page 117

employees are provided with guarantees and compensations in the following cases:
when sent on business trips;
when moving to work in another area;
in the performance of state or public duties ;
when combining work with education;
in case of forced termination of work through no fault of the employee;
when granting annual paid leave;
in some cases, termination of the employment contract ;
due to the delay due to the fault of the employer in issuing a work book or
providing information about work activities ( Article 66.1 of this Code)
upon dismissal of an employee;
in other cases provided for by this Code and other federal
laws.
When providing guarantees and compensations, the corresponding payments
are made at the expense of the employer. Bodies and organizations in the interest
which the employee performs state or public duties
(jurors, donors, election commissioners and others), produce
payments to the employee in the manner and on the terms provided for by this
The Code, other federal laws and other regulatory legal acts
Russian Federation. In these cases, the employer exempts the employee from
main work for the period of execution of state or public
responsibilities.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ in the title of Chapter 24
of this Code has been amended, which will enter into force after 90 days
after the day of the official publication of the said Federal Law
See the text of the name in the previous edition

Chapter 24. Guarantees when sending employees on business trips,
other business trips and relocation to work in another area

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 166 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 166. Concept of business trip
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 166 of the Labor Code of the Russian Federation
Business trip - an employee's trip by order of the employer
for a certain period of time to carry out a service assignment outside the place of permanent
work. Official trips of employees whose permanent work is carried out in
ways or has a traveling nature, business trips are not recognized.
Features of sending employees on business trips
are established in the manner determined by the Government of the Russian Federation.
GUARANTEE:

Page 118

For the procedure for documenting business trips, see the letter
Ministry of Finance of the Russian Federation of December 6, 2002 N 16-00-16 / 158
Article 167. Guarantees when sending employees on business trips
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 167 of the Labor Code of the Russian Federation
When sending an employee on a business trip, he is guaranteed
preservation of the place of work (position) and average earningsas well as refund
business trip expenses.
Information about changes:

Article 168 amended from July 1, 2021 - Federal Law of April 30, 2021 N 109FZ
See future revision
Federal Law No. 347-FZ of July 3, 2016 into Article 168 of this Code
changes made
See the text of the article in the previous edition
Article 168. Reimbursement of expenses related to business travel
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 168 of the Labor Code of the Russian Federation
In case of being sent on a business trip, the employer is obliged
reimburse the employee:
travel expenses;
the cost of renting a dwelling;
additional costs associated with living outside the place of permanent
residence (daily allowance);
other expenses incurred by the employee with permission or knowledge
работодателя.
The procedure and amount of reimbursement of expenses related to service
business trips, to employees who have entered into an employment contract for work in federal
state bodies, employees of state off-budget funds
Of the Russian Federation, federal state institutions are determined
regulatory legal acts of the Government of the Russian Federation.
The procedure and amount of reimbursement of expenses related to service
business trips, employees who have entered into an employment contract for work in
state bodies of the constituent entities of the Russian Federation, employees
territorial compulsory health insurance funds or
state institutions of the constituent entities of the Russian Federation, persons working in
local authorities, employees of municipal institutions
are determined accordingly by the regulatory legal acts of the bodies
state power of the constituent entities of the Russian Federation, regulatory legal
acts of local self-government bodies.
The procedure and amount of reimbursement of expenses related to service
business trips, employees of other employers are determined by the collective
agreement or local regulatory act, unless otherwise provided by this
The Code, other federal laws and other regulatory legal acts
Russian Federation.

Page 119

Information about changes:

Federal Law of June 30, 2006 N 90-FZ Chapter 24 of this Code
supplemented by article 168.1, which shall enter into force 90 days after the day
the official publication of the named Federal Law
Article 168.1. Reimbursement of expenses related to business travel
employees whose permanent work is carried out on the way or has
traveling nature, as well as with work in the field, work
expeditionary nature
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 168.1 of the Labor Code of the Russian Federation
Employees whose permanent work is carried out on the road or has
traveling nature, as well as workers working in the field or
involved in expeditionary work, the employer reimburses
business travel:
travel expenses;
the cost of renting a dwelling;
additional costs associated with living outside the place of permanent
residence (daily allowance, field allowance);
other expenses incurred by employees with permission or knowledge
работодателя.
Amounts and procedure for reimbursement of expenses related to official travel
employees specified in part one of this article, as well as a list of works,
professions, positions of these workers are established by the collective agreement,
agreements, local regulations. Amounts and procedure for compensation
these expenses may also be established by an employment contract.
Information about changes:

Article 169 amended from July 1, 2021 - Federal Law of April 30, 2021 N 109FZ
See future revision
Federal Law No. 347-FZ of July 3, 2016 into Article 169 of this Code
changes made
See the text of the article in the previous edition
Article 169. Reimbursement of expenses when moving to work in another locality
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 169 of the Labor Code of the Russian Federation
When an employee moves, by prior arrangement with the employer, to
the employer is obliged to compensate the employee for work in another locality:
expenses for the relocation of the employee, his family members and the transportation of property (for
unless the employer provides the employee with appropriate
means of transport);
expenses for settling in a new place of residence.
The procedure and amount of reimbursement of expenses when moving to work in another
locality for employees who have entered into an employment contract for work in federal
state bodies, employees of state off-budget funds
Of the Russian Federation, federal state institutions are determined
regulatory legal acts of the Government of the Russian Federation.

Page 120

The procedure and amount of reimbursement of expenses when moving to work in another
locality for employees who have entered into an employment contract for work in state
bodies of the constituent entities of the Russian Federation, employees of territorial funds
compulsory health insurance or state institutions of subjects
Of the Russian Federation, persons working in local self-government bodies,
employees of municipal institutions are determined according to the normative
legal acts of state authorities of the constituent entities of the Russian Federation,
regulatory legal acts of local government bodies.
The procedure and amount of reimbursement of expenses when moving to work in another
the locality for employees of other employers is determined by the collective agreement
or local regulations or by agreement of the parties to the employment contract,
unless otherwise established by this Code, other federal laws and
other regulatory legal acts of the Russian Federation.
Chapter 25. Guarantees and compensation to employees in the performance of them
state or public duties

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 170 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 170. Guarantees and compensation to employees involved in performance
state or public duties
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 170 of the Labor Code of the Russian Federation
The employer is obliged to release the employee from work while retaining for him
place of work (position) at the time of performance of state or public
responsibilities in cases where, in accordance with this Code and other
federal laws must fulfill these duties during working hours.
The state body or public association that attracted
an employee to perform state or public duties, in cases where
provided for in part one of this article, pay the employee for the time
fulfillment of these obligations compensation in the amount determined by this
The Code, other federal laws and other regulatory legal acts
Of the Russian Federation or by a decision of the relevant public association.
Article 171. Guarantees for employees elected to trade union bodies and commissions
on labor disputes
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 171 of the Labor Code of the Russian Federation
Guarantees for employees elected to trade union bodies and not exempt from
performance of labor duties, and the procedure for dismissing these employees
are determined by the relevant sections of this Code.
Members of labor dispute commissions are granted free from work
time to participate in the work of the said commission while maintaining the average earnings.
The procedure for dismissing employees elected to the labor commissions
disputes determined Article 373 of this Code.

Page 121

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 172 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 172. Guarantees to employees elected to elective positions in
state bodies, local self-government bodies
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 172 of the Labor Code of the Russian Federation
Guarantees to employees dismissed from work due to their election to
elective positions in state bodies, local self-government bodies,
are established by federal laws and the laws of the subjects of the Russian
Federation regulating the status and procedure for the activities of these persons.
GUARANTEE:

For guarantees of the labor rights of candidates for elective positions, see Federal
Law of February 22, 2014 N 20-FZ,Federal Law of January 10, 2003 N 19-FZ,
Federal Law of June 12, 2002 N 67-FZ
Information about changes:

Federal Law of December 22, 2014 N 443-FZ in the title of Chapter 26
of this Code is amended, which come into force on January 1, 2015.
See the text of the name in the previous edition
Chapter 26. Guarantees and compensation to employees combining work with obtaining
education, as well as workers admitted to the competition for an academic degree
candidate of science or doctor of science

Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 173 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 173. Guarantees and compensations to employees combining work with
obtaining higher education in bachelor's programs,
specialist or graduate programs, and employees,
applicants for training in the specified educational programs
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 173 of the Labor Code of the Russian Federation
Employees sent for training by the employer or enrolled
independently for training in state-accredited programs
Bachelor's, Specialist's or Master's programs by correspondence and
part-time forms of study and successfully mastering these programs, the employer
provides additional vacations with preservation average earnings for:
passing the intermediate certification in the first and second courses
respectively - 40 calendar days, at each of the subsequent courses
respectively - 50 calendar days (when mastering educational programs
higher education in a shorter period of time in the second year - 50 calendar days);

Page 122

passing the state final certification - up to four months in
in accordance with the curriculum of the educational program mastered by the employee
higher education;
paragraph four became invalid on September 1, 2013.
Information about changes:

See text paragraph four of the first part of Article 173
The employer is obliged to provide unpaid leave:
employees admitted to entrance examinations - 15 calendar days;
employees - students of preparatory departments of educational
organizations of higher education for passing the final certification - 15
calendar days;
employees studying under state accreditation
undergraduate, specialist or graduate programs in
full-time education, combining education with work, for
passing the intermediate certification - 15 calendar days in the academic year, for
preparation and defense of the final qualifying work and delivery of the final
state exams - four months, for passing the final state
exams - one month.
Employees who successfully master the state accreditation
Bachelor's, Specialist's or Master's programs in
part-time education, once a school year, the employer pays for travel to
the location of the relevant organization carrying out educational
activities, and vice versa.
Employees mastering state-accredited programs
bachelor's, specialist's or master's programs in correspondence and full-time
correspondence forms of study for a period of up to 10 academic months before starting
passing the state final certification is established at their request
work week reduced by 7 hours. During the release from work specified
employees are paid 50 percent of the average earnings at the main place
work, but not less than the minimum wage.
By agreement of the parties to the employment contract, reduction of working time
is made by giving the employee one day off from work in
week or shortening the working day during the week.
Guarantees and compensations for employees who combine work with training on non
state accredited bachelor's programs, programs
specialty or master's programs are established by the collective agreement
or an employment contract.
Information about changes:

Federal Law No. 443-FZ of December 22, 2014 into Article 173.1 of this
The Code has been amended to come into force on January 1, 2015.
See the text of the article in the previous edition
Article 173.1. Guarantees and compensation for employees who combine work with
obtaining higher education - training of personnel of higher
qualifications, as well as workers admitted to the competition for a scientist
degree of candidate of science or doctor of science
GUARANTEE:

Cm. Encyclopedias and other comments on article 173.1 of the Labor Code of the Russian Federation
Employees mastering programs for the training of scientific and pedagogical personnel in

Page 123

Postgraduate (Postgraduate) Programs, Residency Programs, and Assistant Programspart-time internships are eligible for:
additional vacations at the place of work with a duration of 30 calendar
days during a calendar year while maintaining average earnings... Moreover, to
the specified additional leave of the employee is added to the time spent on
travel from the place of work to the place of training and back with the preservation of the average earnings.
The specified travel is paid by the employer;
one day off from work per week with a payment of 50 percent
received wages. The employer has the right to provide employees on their
desire in the last year of study in addition no more than two free from
work days a week without pay.
Employees admitted to the degree of candidate of science or doctor
sciences, have the right to provide them in the manner prescribed by the Government
Of the Russian Federation, additional leave at the place of work for
three and six months, respectively, while maintaining the average earnings.
Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 174 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 174. Guarantees and compensations to employees combining work with
receiving secondary vocational education, and employees,
applicants for educational programs of secondary
vocational education
GUARANTEE:

See Encyclopedias and other comments on article 174 of the Labor Code of the Russian Federation
Employees who successfully master the state accreditation
educational programs of secondary vocational education by correspondence and
part-time forms of study, the employer provides additional leave from
keeping average earnings for:
passing the intermediate certification in the first and second courses - 30
calendar days, at each of the subsequent courses - 40 calendar days;
passing the state final certification - up to two months in
in accordance with the curriculum of the educational program mastered by the employee
secondary vocational education;
paragraph four became invalid on September 1, 2013.
Information about changes:

See text paragraph four of the first part of Article 174
The employer is obliged to provide unpaid leave:
employees admitted to entrance examinations - 10 calendar days;
employees mastering state accredited
full-time secondary vocational education programs
training and combining education with work, for passing
intermediate certification - 10 calendar days in the academic year, for passing
state final certification - up to two months.
Employees mastering those with state accreditation
educational programs of secondary vocational education by correspondence
form of study, once a school year, the employer pays travel to the place
finding an educational organization and back in the amount of 50 percent of the cost

Page 124

travel.
Employees mastering those with state accreditation
educational programs of secondary vocational education in part-time
and correspondence forms of study, within 10 academic months before the beginning of the passage
the state final attestation is set at their request a working week,
shortened by 7 hours. During the release from work to the specified employees
50 percent of the average earnings at the main place of work are paid, but not lower
the minimum wage .
By agreement of the parties to the employment contract, concluded in writing,
reduction of working time is made by providing the employee with one
a day off from work per week or a reduction in the duration of the working day
(shift) within a week.
Guarantees and compensation for employees who combine work with obtaining
education in educational institutions that do not have state accreditation
programs of secondary vocational education are established by collective
contract or employment contract.
Article 175. Abolished from September 1, 2013.
Information about changes:

See text Article 175
Federal Law No. 185-FZ of July 2, 2013, Article 176 of this Code
set out in a new edition, effective from September 1, 2013.
See the text of the article in the previous edition
Article 176. Guarantees and compensations to employees receiving the main general
education or secondary general education in part-time form
learning
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 176 of the Labor Code of the Russian Federation
Employees who successfully master the state accreditation
educational programs of basic general or secondary general education in
part-time education, the employer provides additional leave from
preservation of average earnings for passing the state final
attestation in the educational program of basic general education for a period of 9
calendar days, according to the educational program of secondary general education for a period
22 calendar days.
Employees mastering those with state accreditation
educational programs of basic general or secondary general education in
part-time form of study, during the academic year is established at their request
work week shortened by one working day or by its corresponding
the number of working hours (with a reduction in the working day (shift) during the week). Per
time off from work, the specified employees are paid 50 percent
average earnings at the main place of work, but not lower than the minimum amount
wages .
Guarantees and compensation for employees who combine work with the development of not
with state accreditation of educational programs of the main general
or secondary general education in full-time and part-time education, are established
collective agreement or employment agreement.

Page 125

Information about changes:

Article 177 amended from August 13, 2019 - Federal Law of August 2, 2019 N
292-FZ
See previous edition
Article 177. Procedure for providing guarantees and compensations to employees,
combining work with education
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 177 of the Labor Code of the Russian Federation
Guarantees and compensation for employees who combine work with obtaining
education, provided upon receipt of an education of the appropriate level
for the first time. The specified guarantees and compensations can also be provided to employees,
who already have a professional education of the appropriate level and
the employer sent for education in accordance with the labor
contract or apprenticeship contract concluded between the employee and
by the employer in writing.
Additional holidays provided for in Articles 173 - 176 of this
Of the Code, by agreement between the employer and the employee, annual
paid vacations.
An employee who combines work with education at the same time
two educational organizations, guarantees and
compensations are provided only in connection with obtaining an education in one of the
these organizations (at the choice of the employee).
Form of inquiry-call, giving the right to provide guarantees and
compensation to employees who combine work with education,
approved by the federal executive body performing the functions
for the development and implementation of public policy and regulatory
regulation in the field of higher education, in agreement with the federal body
исполнительной власти, осуществляющим функции по выработке и реализации
public policy and legal regulation in the field of general
образования.
Chapter 27. Guarantees and compensation to employees related to termination
employment contract

Information about changes:

Article 178 amended from August 13, 2020 - Federal Law of July 13, 2020 N
210-FZ
See previous edition
Article 178. Severance Payments. Payment of average monthly earnings for the period
employment or lump sum compensation
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 178 of the Labor Code of the Russian Federation
Upon termination of an employment contract in connection with the liquidation of an organization ( paragraph 1
part one of Article 81 of this Code) or reduction of the number or staff
employees of the organization ( paragraph 2 of part one of Article 81 of this Code)
the dismissed employee is paid an average severance pay
monthly earnings.
GUARANTEE:

Page 126

For severance pay for seasonal workers, see article 296 of this Code.
On severance pay and preservation of average earnings for employees dismissed from
organizations located in the Far North and equated to them
localities, as well as on the territory of ZATO, see article 318 of this Code and the Law
RF of July 14, 1992 N 3297-1 "On the closed administrative-territorial
education "
In the event that the duration of the period of employment of an employee dismissed in
connection with the liquidation of the organization ( paragraph 1 of the first part of Article 81 of this Code)
or a reduction in the number or staff of the organization's employees (paragraph 2 of part
the first article 81 of this Code), exceeds one month, the employer is obliged
pay him the average monthly earnings for the second month from the date of dismissal or his
part in proportion to the period of employment that month.
In exceptional cases, by decision of the body of the employment service
the employer is obliged to pay the employee who was dismissed in connection with the liquidation
organizations (paragraph 1 of the first part of Article 81 of this Code) or by an abbreviation
the number or staff of the organization's employees ( paragraph 2 of the first part of Article 81
of this Code), the average monthly earnings for the third month from the date of dismissal
or part of it in proportion to the period of employment that falls on that month,
provided that within fourteen working days from the date of dismissal, the employee
applied to this body and was not employed within two months from the date
layoffs.
In the case provided for in part two of this article, the dismissed employee
has the right to apply in writing to the employer for the payment of an average
monthly earnings for the period of employment, no later than fifteen workers
days after the end of the second month from the date of dismissal, and in the case provided
part three of this article - after a decision is made by the employment service body
population, but no later than fifteen working days after the end of the third month from
day of dismissal. When a dismissed employee applies for the specified payments
the employer makes them no later than fifteen calendar days from the date

treatment.
The employer in return for payments of the average monthly earnings for the period
employment ( parts two and three of this article) has the right to pay the employee
a one-time compensation in the amount of twice the average monthly earnings.
If the employee has already been paid the average monthly earnings for the second
month from the date of dismissal, one-time compensation is paid to him with offset
the specified payment.
Upon liquidation of the organization, payments of average monthly wages for the period
employment ( parts two and three of this article) and (or) payment
lump sum compensation ( part five of this article) in any case must
be made before the completion of the liquidation of the organization in accordance with
civil law.
Severance pay in the amount of two weeks' average earnings is paid
to an employee upon termination of an employment contract in connection with:
the employee's refusal to transfer to another job, which he needs in
in accordance with the medical certificate issued in the manner prescribed
federal laws and other regulatory legal acts of the Russian
Federation, or the employer's lack of appropriate work (paragraph 8 is part and
the first article 77 of this Code);
conscription of an employee for military service or sending him to replace it
alternative civil service ( paragraph 1 of part one of Article 83 of this

Page 127

Code);
reinstatement at work of an employee who previously performed this work ( paragraph 2
part one of Article 83 of this Code);
the employee's refusal to transfer to work in another locality together with
employer ( clause 9 of part one of Article 77 of this Code);
recognition of an employee as completely incapable of work in
in accordance with the medical certificate issued in the manner prescribed
federal laws and other regulatory legal acts of the Russian
Federation ( clause 5 of part one of Article 83 of this Code);
the employee's refusal to continue working due to changes in certain
parties to the terms of the employment contract (paragraph 7 of the first part of Article 77 of this
Of the Code).
An employment contract or collective agreement may provide for
other cases of payment of severance pay, as well as the establishment of increased
the amount of severance pay and (or) a one-time compensation provided for
part five of this article, except for the cases provided for by this
The Code.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 179 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 179. Priority right to remain at work in case of redundancy
number or staff of employees
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 179 of the Labor Code of the Russian Federation
When the number or staff of employees is reduced, the priority right to
retirement from work is granted to workers with a higher
labor productivity and qualifications.
With equal labor productivity and qualifications, the preference for
abandonment at work is given to: family - in the presence of two or more dependents
(disabled family members who are fully supported by the employee or
receiving help from him, which is for them constant and basic
source of livelihood); persons in whose family there are no other employees with
independent earnings; employees who received during the period of work with this
the employer's work injury or occupational disease; disabled people of the Great
World War II and disabled combatants to defend the Fatherland; employees,
raising their qualifications in the direction of the employer on the job.
GUARANTEE:

The preemptive right to remain at work has also been established in a number of
federal laws
The collective agreement may provide for other categories of workers,
enjoying the preferential right to remain at work with an equal
labor productivity and qualifications.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 180 of this Code

Page 128

changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 180. Guarantees and compensation to employees upon liquidation of an organization,
reduction of the number or staff of employees of the organization
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 180 of the Labor Code of the Russian Federation
When carrying out measures to reduce the number or staff of employees
organization, the employer is obliged to offer the employee another available job
(vacant position) in accordance with part three of Article 81 of this Code.
On the upcoming dismissal in connection with the liquidation of the organization, reduction
the number or staff of the organization employees are warned
the employer personally and against signature at least two months before dismissal.
The employer, with the written consent of the employee, has the right to terminate with him
an employment contract before the expiration of the period specified in part two of this article,
by paying him additional compensation in the amount of the employee's average earnings,
calculated in proportion to the time remaining before the expiration of the period
dismissal warnings.
With the threat of mass layoffs, the employer, taking into account the opinion of the elected body
the primary trade union organization takes the necessary measures provided for
this Code , other federal laws, collective agreement,
соглашением.
GUARANTEE:

For additional guarantees of employment for certain categories of the population, see the Law
RF of April 19, 1991 N 1032-1
In accordance with Federal Law No. 159-FZ of December 21, 1996, employees orphans and children left without parental care, persons from among childrenorphans and children left without parental care, released from organizations
in connection with their elimination, reduction of the number or staff, employers (their
successors) are obliged to provide at their own expense the necessary
vocational training with their subsequent employment in this or another
organizations
Information about changes:

Federal Law No. 56-FZ of April 2, 2014 into Article 181 of this Code
changes made
See the text of the article in the previous edition
Article 181. Guarantees to the head of the organization, his deputies and the chief
an accountant upon termination of an employment contract due to a shift
the owner of the property of the organization
GUARANTEE:

Cm. Encyclopedias and other comments on Article 181 of the Labor Code of the Russian Federation
In case of termination of the employment contract with the head of the organization, his
deputies and chief accountant in connection with the change of ownership of the property
organization, the new owner is obliged to pay compensation to the specified employees
in the amount of at least three times the average monthly earnings of an employee, for
except for casesprovided by this Code.

Page 129

Information about changes:

Federal Law No. 56-FZ of April 2, 2014 supplemented this Code
article 181.1
Article 181.1. Severance benefits, compensation and other payments to employees in
individual cases of termination of employment contracts
GUARANTEE:

Cm. Encyclopedias and other comments on article 181.1 of the Labor Code of the Russian Federation
Collective bargaining agreements, agreements, local regulations,
employment contracts or decisions of the employer, authorized bodies
legal entity, as well as the owner of the property of the organization or
the persons (bodies) authorized by the owners cannot provide for the payment
employees of severance pay, compensation and (or) the appointment of any other
payments in any form in cases of dismissal of employees on grounds that
relate to disciplinary sanctions ( part three of Article 192 of this Code),
or termination of employment contracts with employees in accordance with the established by this
The Code, other federal laws on the grounds, if it is related to
employees committing culpable actions (inaction).
Chapter 28. Other guarantees and compensations

Information about changes:

Federal Law No. 157-FZ of July 22, 2008 into Article 182 of this Code
changes made
See the text of the article in the previous edition
Article 182. Guarantees when transferring an employee to another lower paid
work
GUARANTEE:

Cm. Encyclopedias and other comments on article 182 of the Labor Code of the Russian Federation
When transferring an employee in need of medical
a conclusion issued in accordance with the procedure established by federal laws and other
regulatory legal acts of the Russian Federation, in the provision of another
work, for other lower-paid work with this employer behind him
the average earnings from the previous job are kept for one month from the day
translation, and during translation due to work injury, occupational disease
or other damage to health associated with work - until the establishment of a stand
loss of professional ability to work or until the employee recovers.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 183 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 183. Guarantees to an employee in case of temporary incapacity for work
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 183 of the Labor Code of the Russian Federation

Page 130

In case of temporary incapacity for work, the employer pays the employee
temporary disability benefit in accordance with federal laws.
The amount of benefits for temporary disability and the conditions for their payment
are established by federal laws.
GUARANTEE:

See Certificate on the amount of benefits for temporary incapacity for work and for pregnancy
and childbirth
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 184 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 184. Guarantees and compensations in case of an accident at work and
occupational disease
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 184 of the Labor Code of the Russian Federation
In case of damage to health or in the event of the death of an employee due to
an accident at work or occupational disease to an employee
(his family) is reimbursed for his lost earnings (income), as well as related
damage to health additional costs for medical, social and
vocational rehabilitation or related death costs
работника.
Types, volumes and conditions for providing workers with guarantees and compensations in
these cases are determined by federal laws.
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 185 of this Code
changes made
See the text of the article in the previous edition
Article 185. Guarantees to employees sent for medical examination
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 185 of the Labor Code of the Russian Federation
At the time of the medical examination for employees who are obliged to
in accordance with this Code to undergo such an examination, the average
earnings at the place of work.
Information about changes:

Article 185.1 amended from August 11, 2020 - Federal Law of July 31, 2020 N
261-FZ
See previous edition
Article 185.1. Guarantees to employees when undergoing medical examination
GUARANTEE:

Cm. Энциклопедии и другие comments on article 185.1 of the Labor Code of the Russian Federation
Employees undergoing medical examination in the manner prescribed

Page 131

legislation in the field of health care, have the right to be released from work
for one working day once every three years with the preservation of their place of work
(positions) and average earnings.
Employees who have reached the age of forty, with the exception of persons specified in
part three of this article, when undergoing medical examination in the order,
provided by the legislation in the field of health protection, have the right to
release from work for one working day once a year with retention of them
place of work (position) and average earnings.
Under the age of workers, giving the right to the appointment of a pension
old age, including ahead of schedule, within five years before the onset of this age and
employees who are recipients of an old-age pension or a seniority pension,
when undergoing medical examination in the manner prescribed by law in
health care, have the right to be released from work for two working days
once a year with the preservation of their place of work (position) and average earnings.
The employee is released from work to undergo medical examination at
on the basis of his written application, while the day (s) of dismissal from work
is coordinated (agreed upon) with the employer.
Employees are required to provide the employer with medical certificates
organizations confirming that they have undergone medical examination per day (days)
dismissal from work, if provided for by a local regulatory act.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 to Article 186 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 186. Guarantees and compensation to employees in case of donating blood and its
components
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 186 of the Labor Code of the Russian Federation
On the day of donating blood and its components, as well as on the day of the related
medical examination, the employee is released from work.
In the event that, by agreement with the employer, the employee on the day of donating blood and its
components went to work (except for work with harmful and (or) dangerous
working conditions when an employee cannot go to work on that day), he
another day of rest is provided at his request.
In the case of donating blood and its components during the period of the annual paid
holidays, on a weekend or a non-working holiday to the employee at his request
another day of rest is provided.
After each day of donating blood and its components, the employee is provided with
additional day of rest. The specified day of rest, at the request of the employee, can
be attached to annual paid leave or used at other times
within a year after the day of donation of blood and its components.
When donating blood and its components, the employer retains the employee's
average earnings for the days of delivery and the days of rest provided in connection with this.
GUARANTEE:

On measures of social support provided to a donor who donated
blood and (or) its components, see Federal Law of July 20, 2012 N 125-FZ

Page 132

Information about changes:

Federal Law No. 239-FZ of July 3, 2016, Article 187 of this Code
set out in a new edition, effective from January 1, 2017.
See the text of the article in the previous edition
Article 187. Guarantees and compensation to employees sent by the employer
for vocational training or additional vocational
education, to pass an independent qualification assessment
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 187 of the Labor Code of the Russian Federation
When the employer sends an employee for vocational training or
additional professional education, for passing an independent assessment
qualifications for compliance with the provisions of the professional standard or
qualification requirements established by federal laws and other
regulatory legal acts of the Russian Federation (hereinafter - an independent assessment
qualifications), with a break from work, he retains his place of work (position) and
average salary at the main place of work. To workers sent to
vocational training or additional vocational education, for
passing an independent assessment of qualifications with a break from work to another
locality, travel expenses are paid in the order and amount,
which are provided for persons sent on business trips.
When the employer sends an employee to undergo an independent assessment
qualifications, payment for passing such an assessment is carried out at the expense of
работодателя.
Article 188. Reimbursement of expenses when using personal property
employee
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 188 of the Labor Code of the Russian Federation
When used by an employee with the consent or knowledge of the employer and in his
In the interests of personal property, the employee is paid compensation for the use,
depreciation (depreciation) of tools, personal vehicles, equipment and others
technical means and materials belonging to the employee, as well as reimbursed
costs associated with their use. The amount of reimbursement of expenses is determined
by agreement of the parties to the employment contract, expressed in writing.
Section VIII. Labor schedule. Discipline of work
GUARANTEE:

Cm. scheme "Labor schedule. Labor discipline"
Cm. commentary on section VIII

Chapter 29. General Provisions

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 189 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law

Page 133

See the text of the article in the previous edition
Article 189. Labor discipline and labor schedule
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 189 of the Labor Code of the Russian Federation
Labor discipline - compulsory obedience to the rules for all employees
behavior determined in accordance with this Code, other federal
laws, collective bargaining agreements, agreements, local regulations,
labor contract.
The employer is obliged in accordance with labor legislation and other
regulatory legal acts containing labor law norms, collective
contract, agreements, local regulations, employment contract
create the conditions necessary for employees to comply with labor discipline.
The work schedule is determined by the rules of internal labor
routine.
Internal labor regulations - a local regulatory act,
regulating in accordance with this Code and other federal
laws, the procedure for hiring and dismissing employees, basic rights, obligations and
responsibility of the parties to the employment contract, work schedule, rest time, applied
incentives and penalties for employees, as well as other regulatory issues
labor relations with the given employer.
For certain categories of workers of the Charter and the provisions of
discipline established by federal laws.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 190 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 190. Procedure for approval of internal labor regulations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 190 of the Labor Code of the Russian Federation
Internal labor regulations are approved by the employer with
taking into account the opinion of the representative body of employees in the manner prescribed by article d
372 of this Code for the adoption of local regulations.
Internal labor regulations are usually an appendix
to the collective agreement.
Chapter 30. Labor discipline

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 191 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition

Page 134

Article 191. Incentives for work
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 191 of the Labor Code of the Russian Federation
The employer encourages employees who diligently perform labor
duties (declares gratitude, issues a prize, awards a valuable gift,
honorary diploma, represents the title of the best in the profession).
Other types of incentives for workers for work are determined by the collective
agreement or the rules of internal labor regulations, as well as charters and
regulations on discipline. For special labor services to society and
state employees can be nominated for state awards.
Information about changes:

Federal Law No. 231-FZ of December 3, 2012 into Article 192 of this Code
amended, effective from January 1, 2013
See the text of the article in the previous edition
Article 192. Disciplinary sanctions
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 192 of the Labor Code of the Russian Federation
For the commission of a disciplinary offense, that is, failure to comply or
improper performance by the employee through his fault of the labor assigned to him
duties, the employer has the right to apply the following disciplinary
penalties:
1) remark;
2) a reprimand;
3) dismissal on appropriate grounds.
Federal laws, statutes and regulations on discipline (part heel i
Article 189 of this Code) for certain categories of employees may be
there are also other disciplinary sanctions.
Disciplinary actions include, in particular, the dismissal of an employee under
the grounds provided for in paragraphs 5 , 6 , 9 or 10 of the first part of Article 81 , paragraph 1
Article 336 or Article 348.11 of this Code, as well as paragraph 7 , 7.1 or 8 of part and
first of Article 81 of this Code in cases where the culpable acts giving
grounds for loss of trust, or, accordingly, an immoral offense committed
an employee at the place of work and in connection with the performance of his labor duties.
It is not allowed to apply disciplinary sanctions that are not provided for
federal laws, statutes, and discipline regulations.
When imposing a disciplinary sanction, the severity of the
committed offense and the circumstances under which it was committed.
Information about changes:

Article 193 amended from August 14, 2018 - Federal Law of August 3, 2018 No.
304-FZ
See previous edition
Article 193. Procedure for the application of disciplinary sanctions
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 193 of the Labor Code of the Russian Federation
Before a disciplinary action is taken, the employer must request that
employee written explanation. If after two working days the specified

Page 135

an explanation is not provided by the employee, then an appropriate act is drawn up.
The employee's failure to provide an explanation is not an obstacle to
disciplinary action.
Disciplinary action is applied no later than one month from the date
detection of a misconduct , not counting the time of the employee's illness, his stay in
leave, as well as the time required to take into account the opinion of the representative body
workers.
Disciplinary action, excluding disciplinary action for
non-compliance with restrictions and prohibitions, failure to fulfill obligations established
the legislation of the Russian Federation on combating corruption cannot
be applied later than six months from the date of the misconduct, and based on the results
revision, inspection of financial and economic activities or audit later than two years from the date of its commission. Disciplinary action for non-compliance
restrictions and prohibitions, failure to fulfill obligations established by law
Of the Russian Federation on combating corruption, cannot be applied
later than three years from the date of the offense. The specified time frame does not include time
criminal proceedings.
For each disciplinary offense, only one may be applied
disciplinary action.
Order (instruction) of the employer on the application of a disciplinary sanction
announced to the employee against signature within three working days from the date of its publication, not
counting the time of absence of the employee at work. If the employee refuses
get acquainted with the specified order (order) against signature, then it is drawn up
the corresponding act.
A disciplinary sanction can be appealed by an employee in
state labor inspectorate and (or) bodies for the examination of individual
labor disputes.
Article 194. Removal of disciplinary sanction
GUARANTEE:

See Encyclopedias and other comments on Article 194 of the Labor Code of the Russian Federation
If, within a year from the date of application of the disciplinary sanction, the employee does not
will be subject to a new disciplinary action, then he is considered not to have
disciplinary action.
The employer until the expiration of a year from the date of application of the disciplinary sanction
has the right to remove it from the employee on his own initiative, at the request of the
employee, at the request of his immediate supervisor or representative
body of workers.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 195 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 195. Bringing to disciplinary responsibility of the head
organization, the head of the structural unit of the organization, their
deputies at the request of the representative body of workers
GUARANTEE:

Page 136

Cm. Encyclopedias and other comments on Article 195 of the Labor Code of the Russian Federation
The employer is obliged to consider the application of the representative body
employees about a violation by the head of the organization, the head of the structural
divisions of the organization, their deputies of labor legislation and other
acts containing the norms of labor law, the terms of the collective agreement,
agreement and report the results of its consideration to the representative body
workers.
In the event that the fact of violation was confirmed, the employer is obliged to apply to
the head of the organization, the head of the structural unit of the organization, their
deputies receive disciplinary action up to and including dismissal.
Information about changes:

Federal Law No. 122-FZ of May 2, 2015, the name of Section IX of this
Of the Code is set out in a new edition, which comes into force on July 1, 2016.
See the text of the name in the previous edition
Section IX. Employee qualifications, professional standards, training and
additional professional education of employees
GUARANTEE:

See the scheme "Vocational training, retraining and promotion
employee qualifications "
Cm. comments on section IX

Chapter 31. General Provisions

Information about changes:

Federal Law No. 122-FZ of May 2, 2015 into Article 195.1 of this Code
amended effective July 1, 2016
See the text of the article in the previous edition
Article 195.1. The concepts of employee qualifications, professional standards
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 195.1 of the Labor Code of the Russian Federation
Employee qualifications - level of knowledge, skills, professional skills
and the employee's work experience.
The professional standard is a characteristic of the qualifications required
an employee for the implementation of a certain type of professional activity, in
including the performance of a certain labor function.
GUARANTEE:

Cm. certificate of professional standards
Part three became invalid on July 1, 2016.
Information about changes:

See text part three of Article 195.1
Federal Law No. 122-FZ of May 2, 2015 supplemented this Code with article
195.2, effective from July 1, 2016.
Article 195.2. The procedure for the development and approval of professional standards

Page 137

GUARANTEE:

See comments to article 195.2 of the Labor Code of the Russian Federation
The procedure for the development and approval of professional standards, as well as
establishing the identity of job titles, professions and
specialties contained in a single tariff and qualification reference book
works and professions of workers, a unified qualification reference book of positions
managers, specialists and employees, job titles, professions and
specialties contained in professional standards is established
Правительством Российской Федерации с учетом мнения Российской трехсторонней
commissions for the regulation of social and labor relations.
Information about changes:

Federal Law No. 122-FZ of May 2, 2015 supplemented this Code with article
195.3, effective from July 1, 2016.
Article 195.3. Application of professional standards
GUARANTEE:

See comments on Article 195.3 of the Labor Code of the Russian Federation
If this Code, other federal laws, other
regulatory legal acts of the Russian Federation establish requirements for
qualifications necessary for an employee to perform a certain labor
functions, professional standards in terms of the specified requirements are mandatory for
application by employers.
GUARANTEE:

On the features of the application of professional standards in terms of requirements,
mandatory for use by state extra-budgetary funds of the Russian Federation,
state or municipal institutions, state or
municipal unitary enterprises, as well as state
corporations, state-owned companies and business entities, more than
fifty percent of the shares (stakes) in the authorized capital of which is in
state property or municipal property, see decree
Government of the Russian Federation of June 27, 2016 N 584
Qualification characteristics that are contained in professional
standards and the mandatory application of which is not established in accordance with
part one of this article, are used by employers as a basis for
determining the requirements for the qualifications of employees, taking into account the specifics
performed by employees of labor functions, due to the applied
technologies and the adopted organization of production and labor.
Federal executive body performing functions of
development of state policy and legal regulation in the field
labor, has the right to provide explanations on the use of professional
standards.
Information about changes:

Federal Law No. 239-FZ of July 3, 2016 into Article 196 of this Code
amended, effective from January 1, 2017
See the text of the article in the previous edition
Article 196. Rights and obligations of the employer for training and additional
professional education of employees, by referral of employees
to undergo an independent qualification assessment

Page 138

GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 196 of the Labor Code of the Russian Federation
The need to train workers (vocational education and
vocational training) and additional vocational education, and
also referring employees to undergo an independent qualification assessment for
own needs are determined by the employer.
Employee training and additional professional education
employees, sending employees (with their written consent) to pass
independent assessment of qualifications is carried out by the employer on the terms and conditions
the procedure, which are determined by the collective agreement, agreements, labor
agreement.
Forms of training and additional professional education
workers, a list of required professions and specialties, including for
referral of employees to undergo an independent qualification assessment,
are determined by the employer taking into account the opinion of the representative body of employees in
the procedure established by Article 372 of this Code for the adoption of local
regulations.
In cases stipulated by federal laws, other regulatory
legal acts of the Russian Federation, the employer is obliged to carry out
vocational training or additional vocational education
employees, if this is a condition for employees to perform certain types of
activities.
For workers in training, the employer must create
necessary conditions for combining work with education,
provide guarantees established by labor legislation and other
regulatory legal acts containing labor law norms, collective
contract, agreements, local regulations, employment contract.
When the employer sends an employee to undergo an independent assessment
qualifications, the employer must provide him with guarantees established
labor legislation and other regulatory legal acts containing
нормы трудового права, коллективным договором, соглашениями, локальными
regulations, employment contract.
Information about changes:

Federal Law No. 239-FZ of July 3, 2016 into Article 197 of this Code
amended, effective from January 1, 2017
See the text of the article in the previous edition
Article 197. The right of employees to training and additional
professional education, for passing an independent assessment
qualifications
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 197 of the Labor Code of the Russian Federation
Employees have the right to training and additional professional
education, as well as to undergo an independent assessment of qualifications.
This right is exercised by concluding an agreement between the employee and
employer.
GUARANTEE:

See explanations on the implementation of the right of teachers to additional
professional education, sent by a letter from the Ministry of Education and Science of Russia and the Central Committee

Page 139

Trade union of workers of public education and science of the Russian Federation of March 23, 2015 No.
N 08-415 / 124

Chapter 32. Apprenticeship Agreement

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 into Article 198 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 198. Apprenticeship agreement
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 198 of the Labor Code of the Russian Federation
An employer - a legal entity (organization) has the right to conclude with a person
looking for a job, or with an employee of this organization, an apprenticeship contract for
getting education on the job or on the job.
An apprenticeship agreement with an employee of this organization is additional
to the employment contract.
Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 199 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 199. Content of the apprenticeship contract
GUARANTEE:

See Encyclopedias and other comments on Article 199 of the Labor Code of the Russian Federation
An apprenticeship agreement must contain: the names of the parties; indication of
specific qualifications acquired by the student; employer's duty
provide the employee with the opportunity to study in accordance with the apprenticeship agreement;
the employee's obligation to undergo training and in accordance with the acquired qualifications
work under an employment contract with an employer during the period established in
student agreement; term of apprenticeship; the amount of payment during the period of apprenticeship.
The student agreement may contain other conditions determined by the agreement
parties.
Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 200 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 200. Term and form of apprenticeship contract
GUARANTEE:

See Encyclopedias and other comments on article 200 of the Labor Code of the Russian Federation
An apprenticeship agreement is concluded for the period necessary to obtain this
qualifications.
An apprenticeship agreement is concluded in writing in two copies.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 201 of this Code

Page 140

changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 201. Validity of the apprenticeship contract
GUARANTEE:

Cm. Encyclopedias and other comments on Article 201 of the Labor Code of the Russian Federation
An apprenticeship agreement is valid from the day specified in this agreement for
the term stipulated by it.
The validity of the student agreement is extended for the duration of the student's illness,
the passage of military training and in other cases provided for by federal
laws and other regulatory legal acts of the Russian Federation.
During the term of the apprenticeship contract, its content may be
changed only by agreement of the parties.
Article 202. Organizational forms of apprenticeship
GUARANTEE:

Cm. Encyclopedias and other comments on Article 202 of the Labor Code of the Russian Federation
Apprenticeship is organized in the form of an individual, brigade, course
training and in other forms.
Article 203. Time of apprenticeship
GUARANTEE:

Cm. Encyclopedias and other comments on Article 203 of the Labor Code of the Russian Federation
Apprenticeship time during the week should not exceed the worker's quota
time set for employees of appropriate age, profession,
specialties when performing the relevant work.
Employees undergoing training in the organization, by agreement with the employer
can be completely released from work under an employment contract or fulfill this
part-time work.
During the period of the apprenticeship agreement, employees cannot be involved in
overtime work, sent on business trips not related to
discipleship.
Information about changes:

Federal Law No. 185-FZ of July 2, 2013 into Article 204 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 204. Payment for apprenticeship
GUARANTEE:

Cm. Encyclopedias and other comments on Article 204 of the Labor Code of the Russian Federation
Students during the period of apprenticeship are paid a scholarship, the amount of which is
is determined by the apprenticeship agreement and depends on the qualifications received, but not
can be below the statutory minimum amount of payment s
labor .
The work performed by the student in practical classes is paid according to
established rates.

Page 141

Article 205. Extension of labor legislation to pupils
GUARANTEE:

Cm. Encyclopedias and other comments on Article 205 of the Labor Code of the Russian Federation
Students are subject to labor laws, including
labor protection legislation.
Article 206. Invalidity of the terms of the apprenticeship contract
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 206 of the Labor Code of the Russian Federation
The terms of the apprenticeship agreement that contradict this Code,
collective bargaining agreements, agreements are invalid and do not apply.
Article 207. Rights and obligations of apprentices upon completion of apprenticeship
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 207 of the Labor Code of the Russian Federation
Persons who have successfully completed the apprenticeship, upon concluding an employment contract with
the employer, under the contract with which they were trained, the probationary period is not
is installed.
In the event that the student at the end of the apprenticeship without good reason does not
fulfills his obligations under the contract, including does not start work, he is
upon the request of the employer, returns to him the received during the apprenticeship
scholarship, as well as reimbursement of other expenses incurred by the employer in connection with
discipleship.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 208 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 208. Grounds for termination of an apprenticeship contract
GUARANTEE:

Cm. Encyclopedias and other comments on Article 208 of the Labor Code of the Russian Federation
The apprenticeship agreement terminates at the end of the study period or after
the grounds provided for by this agreement.
Section X. Labor protection
GUARANTEE:

Cm. Scheme "Labor Protection"
See comments to section X

Chapter 33. General Provisions

Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 209 of this
The Code has been amended to come into force on January 1, 2014.

Page 142

See the text of the article in the previous edition
Article 209. Basic concepts
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 209 of the Labor Code of the Russian Federation
Labor protection is a system of preserving the life and health of workers in the process
labor activity, including legal, socio-economic,
organizational and technical, sanitary and hygienic, treatment and prophylactic,
rehabilitation and other activities.
Working conditions - a set of factors of the production environment and labor
processes that affect the performance and health of the employee.
Harmful production factor - production factor, impact
which on the employee can lead to his illness.
Hazardous production factor - production factor, impact
which could cause injury to the worker.
Safe working conditions - working conditions under which the impact on
working harmful and (or) hazardous production factors are excluded either
their exposure levels do not exceed the established standards.
Workplace - the place where the employee should be or where he needs
arrive in connection with his work and which is directly or indirectly under the control
работодателя.
Personal and collective protective equipment for workers - technical
means used to prevent or reduce exposure to
workers of harmful and (or) hazardous production factors, as well as to protect
from pollution.
GUARANTEE:

See GOST 12.4.011-89 "Occupational safety standards system. Protective equipment
working. General requirements and classification ", approved and introduced in
action by the decree of the State Standard of the USSR of October 27, 1989 N 3222
Occupational safety management system is a complex of interrelated and
interacting elements that establish policies and objectives in
areas of labor protection for a particular employer and procedures for achieving these
goals. The standard regulation on the OSH management system is approved
by the federal executive body performing the functions of developing
state policy and legal regulation in the field of labor, with
taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social
labor relations.
Production activity - a set of actions of employees with
the use of the means of labor necessary to turn resources into ready-made
products that include the production and processing of various types of raw materials,
construction, provision of various types of services.
Occupational safety requirements - state safety regulations
labor, including labor safety standards, as well as labor protection requirements,
established rules and instructions for labor protection.
State examination of working conditions - conformity assessment of the object
examination of the state regulatory requirements for labor protection.
Part twelve has ceased to be in force on January 1, 2014.
Information about changes:

See text part twelve of article 209
Occupational safety standards - rules, procedures, criteria and regulations,

Page 143

aimed at preserving the life and health of workers in the process of labor
activities and regulating the implementation of socio-economic,
organizational, sanitary and hygienic, treatment and prophylactic,
rehabilitation measures in the field of labor protection.
GUARANTEE:

See occupational safety standard "Providing workers with flushing and / or
neutralizing agents ", approved by the order of the Ministry of Health and Social Development
Russia of December 17, 2010 N 1122n
Occupational risk - the likelihood of harm to health as a result of
exposure to harmful and (or) hazardous production factors during the execution
an employee of obligations under an employment contract or in other cases established
this Code, other federal laws. Level assessment procedure
professional risk is established by the federal executive body
власти, осуществляющим функции по выработке государственной политики и
legal regulation in the field of labor, taking into account the opinion of the Russian
tripartite commission for the regulation of social and labor relations.
Professional risk management is a complex of interrelated
measures that are elements of the OSH management system and
including measures to identify, assess and reduce the levels of professional
risks.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 to Article 210 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 210. Main directions of state policy in the field of protection
labor
GUARANTEE:

Cm. Encyclopedias and other comments on article 210 of the Labor Code of the Russian Federation
The main directions of state policy in the field of labor protection
are:
ensuring the priority of preserving the life and health of employees;
adoption and implementation of federal laws and other regulatory legal
acts of the Russian Federation, laws and other regulatory legal acts of subjects
Of the Russian Federation in the field of labor protection, as well as federal target,
departmental target and territorial target programs for improving conditions and
labor protection;
GUARANTEE:

See the Standard Program for Improving Working Conditions and Labor Protection in the Subject of the Russian Federation
Federation
state management of labor protection;
federal state supervision of compliance with labor
legislation and other regulatory legal acts containing labor standards
rights, including the conduct of inspections of compliance with state
regulatory requirements for labor protection;
state examination of working conditions;
establishing the procedure for conducting a special assessment of working conditions and
examination of the quality of a special assessment of working conditions;
assistance to public control over the observance of rights and legitimate interests

Page 144

workers in the field of labor protection;
prevention of accidents and damage to the health of employees;
investigation and registration of accidents at work and professional
diseases;
protection of the legitimate interests of employees affected by accidents at
production and occupational diseases, as well as their family members based on
compulsory social insurance of employees against accidents at
production and occupational diseases;
establishment of guarantees and compensations for work with harmful and (or) dangerous
working conditions;
coordination of activities in the field of labor protection, environmental protection and
other types of economic and social activities;
dissemination of advanced domestic and foreign experience in
improvement of working conditions and labor protection;
participation of the state in financing labor protection measures;
training of labor protection specialists and their additional professional
education;
organization of state statistical reporting on working conditions, and
also about occupational injuries, occupational diseases and their
material consequences;
ensuring the functioning of a unified information system for labor protection;
international cooperation in the field of labor protection;
implementation of an effective tax policy that stimulates the creation of
safe working conditions, development and implementation of safe equipment and technologies,
production of personal and collective protective equipment for workers;
establishing the procedure for providing employees with means of individual and
collective protection, as well as sanitary facilities and devices,
treatment and prophylactic means at the expense of employers.
Implementation of the main directions of state policy in the field of protection
labor is ensured by coordinated actions of state authorities
Of the Russian Federation, public authorities of the constituent entities of the Russian
Federation and local government bodies, employers, associations
employers, as well as trade unions, their associations and other
authorized by employees of representative bodies on labor protection.
Chapter 34. Labor protection requirements

Information about changes:

Federal Law No. 206-FZ of July 24, 2009 into Article 211 of this Code
amendments have been made that come into force on January 1, 2010.
See the text of the article in the previous edition
Article 211. State regulatory requirements for labor protection
GUARANTEE:

Cm. Encyclopedias and other comments on Article 211 of the Labor Code of the Russian Federation
State regulatory requirements for labor protection contained in
federal laws and other regulatory legal acts of the Russian Federation and
laws and other regulatory legal acts of the constituent entities of the Russian Federation,

Page 145

establishes rules, procedures, criteria and standards aimed at
preserving the life and health of employees in the process of work.
State regulatory requirements for labor protection are mandatory for
execution by legal entities and individuals in the implementation of any types of
activities, including design, construction (reconstruction) and
operation of facilities, design of machines, mechanisms and other equipment,
development of technological processes, organization of production and labor.
The procedure for the development, approval and amendment of by-laws
legal acts containing state regulatory requirements for labor protection, in
including labor safety standards, established by the Government of the Russian
Federation, taking into account the opinion of the Russian Tripartite Regulatory Commission
social and labor relations.
GUARANTEE:

Cm. certificate of labor protection rules
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 212 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 212. Obligations of the employer to ensure safe conditions and
labor protection
GUARANTEE:

See Encyclopedias and other comments on Article 212 of the Labor Code of the Russian Federation
Responsibilities for ensuring safe conditions and labor protection are assigned to
работодателя.
The employer is obliged to ensure:
safety of workers during the operation of buildings, structures, equipment,
implementation of technological processes, as well as those used in production
tools, raw materials and supplies;
creation and functioning of the labor protection management system;
GUARANTEE:

See Guidelines for Verifying Creation and Provision
the functioning of the OSH management system, approved by order
Rostrud of March 21, 2019 N 77
application of those that have passed mandatory certification or declaration
compliance in the established legislation of the Russian Federation on
technical regulation of the order of means of individual and collective protection
workers;
working conditions corresponding to labor protection requirements at each worker
location;
work and rest hours of employees in accordance with labor legislation
and other regulatory legal acts containing labor law norms;
purchase and issue of special clothing at their own expense,
special footwear and other personal protective equipment that washes away and
neutralizing agents that have passed mandatory certification or
declaration of conformity in accordance with the legislation of the Russian
Federation on technical regulation in accordance with the established
norms for workers employed in work with harmful and (or) dangerous conditions
work, as well as work performed in special temperature conditions or

Page 146

pollution-related;
training in safe methods and techniques for performing work and providing the first
assistance to victims at work, instructing on labor protection,
on-the-job training and testing of knowledge of labor protection requirements;
non-admission to work of persons who have not undergone training in the prescribed manner and
instruction on labor protection, training and testing of knowledge of labor protection requirements;
organization of control over the state of working conditions at workplaces, as well as for
the correct use of individual and collective means by employees
protection;
conducting a special assessment of working conditions in accordance with
legislation on the special assessment of working conditions;
in cases stipulated by labor legislation and other regulatory
legal acts containing labor law norms, organize
at their own expense, mandatory preliminary (upon admission to
work) and periodic (during work) medical examinations,
other compulsory medical examinations, compulsory psychiatric
examinations of workers, extraordinary medical examinations, mandatory
psychiatric examinations of workers at their request in accordance with
medical recommendations with preservation of their place of work (position) and
average earnings at the time of passing the specified medical examinations,
compulsory psychiatric examinations;
non-admission of employees to the performance of their labor duties without
undergoing compulsory medical examinations, compulsory psychiatric
examinations, as well as in the case of medical contraindications;
informing employees about working conditions and labor protection at workplaces, about
the risk of injury to health, the guarantees they are entitled to
compensation and personal protective equipment;
provision to federal executive authorities exercising
функции по выработке государственной политики и нормативно-правовому
labor regulation, federal executive body,
authorized to exercise federal state supervision over
compliance with labor laws and other regulatory legal acts,
containing the norms of labor law, other federal executive bodies
authorities exercising state control (supervision) in the established area
activities, executive authorities of the constituent entities of the Russian Federation in
the field of labor protection, the bodies of trade union control over the observance of labor
legislation and other acts containing labor law, information and
documents necessary for the exercise of their powers;
taking measures to prevent accidents, save life and
health of workers in the event of such situations, including the provision of
first aid victims;
investigation and accounting in the established by this Code, other
federal laws and other regulatory legal acts of the Russian
Federation of the order of industrial accidents and occupational
diseases;
sanitary and domestic services and medical support for workers in
in accordance with the requirements of labor protection, as well as the delivery of workers who are sick
at the workplace, to a medical organization, if necessary, to provide them
emergency medical care;
unimpeded admission of federal officials

Page 147

the executive branch authorized to exercise federal
государственного надзора за соблюдением трудового законодательства и иных
regulatory legal acts containing labor law norms, other federal
executive authorities exercising state control (supervision) in
the established field of activity, the executive authorities of the constituent entities
Of the Russian Federation in the field of labor protection, bodies of the Social
insurance of the Russian Federation, as well as representatives of public
control for the purpose of conducting inspections of working conditions and labor protection and investigations
industrial accidents and occupational diseases;
fulfillment of the orders of officials of the federal executive body
authorities authorized to exercise federal state supervision over
compliance with labor laws and other regulatory legal acts,
containing the norms of labor law, other federal executive bodies
authorities exercising state control (supervision) in the established area
activities, and consideration of the submissions of public control bodies in
the terms established by this Code and other federal laws;
compulsory social insurance of employees against accidents for
production and occupational diseases;
familiarization of employees with labor protection requirements;
development and approval of rules and instructions on labor protection for workers with
taking into account the opinion of the elected body of the primary trade union organization or other
authorized by employees of the body in the manner prescribed by Article 372 of this
Code for the adoption of local regulations;
GUARANTEE:

Cm. certificate of standard instructions for the safety of working conditions
availability of a set of regulatory legal acts containing protection requirements
labor in accordance with the specifics of their activities.
Information about changes:

Federal Law No. 230-FZ of July 13, 2015 into Article 213 of this Code
changes made
See the text of the article in the previous edition
Article 213. Medical examinations of certain categories of workers
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 213 of the Labor Code of the Russian Federation
On conducting mandatory medical examinations of employees during the period of validity
restrictions related to the spread of coronavirus infection, see.
information of the Ministry of Labor of Russia dated April 13, 2020 No.
Employees engaged in work with harmful and (or) hazardous working conditions (in
including underground work), as well as work related to movement
transport, pass mandatory preliminary (upon admission to work) and
periodic (for persons under the age of 21 - annual) medical examinations for
determining the suitability of these workers to perform the assigned work and
prevention of occupational diseases. According to medical
with the recommendations, these workers undergo extraordinary medical examinations.
Employees of food industry organizations, catering and
trade, water supply facilities, medical organizations and children's institutions,
as well as some other employers undergo these medical examinations in
the purpose of protecting public health, preventing the emergence and spread of

Page 148

diseases.
This Code , other federal laws and other regulations
legal acts of the Russian Federation for certain categories of employees may
obligatory medical examinations are established at the beginning of the working day (shift), and
also during and (or) at the end of the working day (shift). Time of passage of the indicated
medical examinations are included in working hours.
Harmful and (or) hazardous production factors and work, while doing
which are obligatory preliminary and periodic medical
inspections, the procedure for conducting such inspections is determined by the authorized
The Government of the Russian Federation is a federal executive body.
If necessary, by decision of local authorities,
individual employers may introduce additional conditions and indications for
conducting mandatory medical examinations.
Federal laws and other regulatory legal acts of the Russian
Federation for certain categories of workers with medical examinations can
provide for the conduct of chemical and toxicological studies of the presence in
the human body of narcotic drugs, psychotropic substances and their metabolites.
Employees engaged in certain types of activities, including
associated with sources of increased danger (with the influence of harmful substances and
unfavorable production factors), as well as working in conditions
increased danger, undergo compulsory psychiatric examination
at least once every five years in accordance with the procedure established by the authorized
The Government of the Russian Federation is a federal executive body.
Medical examinations and psychiatric examinations provided for in this article
surveys are carried out at the expense of the employer.
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 214 of this Code
changes made
See the text of the article in the previous edition
Article 214. Obligations of an employee in the field of labor protection
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 214 of the Labor Code of the Russian Federation
The employee is obliged:
comply with labor protection requirements;
to use the means of individual and collective protection correctly;
be trained in safe work methods and techniques and
providing first aid to injured workers at work, instruction on labor protection,
on-the-job training, testing of knowledge of labor protection requirements;
notify your immediate or supervisor immediately
about any situation that threatens the life and health of people, about every accident,
what happened at work, or about a deterioration in your health, including
the number of signs of an acute occupational disease (poisoning);
pass the mandatory preliminary (when applying for a job) and
periodic (during employment) medical examinations , other
compulsory medical examinations, as well as undergo extraordinary medical
examinations directed by the employer in the cases provided for by this
The Code and other federal laws.

Page 149

Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 215 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 215. Compliance of production facilities and products
state regulatory requirements for labor protection
GUARANTEE:

Cm. Encyclopedias and other comments on Article 215 of the Labor Code of the Russian Federation
Projects for the construction and reconstruction of production facilities, machines,
mechanisms and other production equipment, technological processes
must comply with state regulatory requirements for labor protection.
Machines, mechanisms and other production equipment, vehicles,
technological processes, materials and chemicals, means
individual and collective protection of employees , including foreign
production must comply with government regulations
labor protection and have a declaration of conformity and (or) a certificate of conformity.
Part two became invalid on January 1, 2014.
Information about changes:

See text part two of article 215
Conformity assessment of construction projects, reconstruction of production

objects to labor protection requirements is carried out through an examination
design documentation and implementation of state construction supervision in
in accordance with the legislation on urban planning.
New or reconstructed production facilities cannot be accepted into
operation without the conclusions of the relevant federal executive bodies
authorities exercising state control (supervision) in the established area
activities.
The use of harmful or hazardous substances is prohibited in production,
materials, products, goods, toxicological (sanitary and hygienic, medical
biological) which has not been assessed.
In the case of using new or not previously used by the employer
harmful or hazardous substances, he is obliged to use the specified substances
develop measures to preserve the life and health of workers.
Requirements for measurements related to the sphere of state regulation
ensuring the uniformity of measurements when performing work to ensure safe
working conditions and safety, as well as to measuring instruments used for the specified
measurements are installed in accordance with the legislation of the Russian
Federation on ensuring the uniformity of measurements and the legislation of the Russian
Federation on technical regulation.
Chapter 35. Organization of labor protection
GUARANTEE:

Cm. the scheme "Organization of labor protection"
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 216 of this
The Code has been amended to come into force on January 1, 2014.

Page 150

See the text of the article in the previous edition
Article 216. State management of labor protection
GUARANTEE:

See comments on article 216 of the Labor Code of the Russian Federation
State management of labor protection is carried out by the Government
Of the Russian Federation directly or on its behalf by the federal body
executive power, carrying out functions for the development of state
labor policy and regulation, and other
federal executive bodies within the limits of their powers.
Part two is no longer valid .
Information about changes:

See text part two of article 216
Federal executive bodies, which have been granted the right
carry out certain functions of legal regulation,
special permitting, supervisory and control functions in the field of security
labor, are obliged to coordinate the decisions they make in the field of labor protection, and
also coordinate their activities with the federal executive body
authorities performing the functions of legal regulation in the field of
labor.
State management of labor protection in the territories of the subjects of the Russian
Federation is carried out by federal executive bodies and bodies
executive power of the constituent entities of the Russian Federation in the field of labor protection in
within their powers. Separate powers for public administration
labor protection can be transferred to local governments in the manner and for
conditions that are determined by federal laws and laws of subjects
Russian Federation.
For the purpose of state management of labor protection, the Government of the Russian
Federations, authorized federal executive bodies:
ensure the development of regulatory legal acts that define the basis
state management of labor protection;
develop federal targeted programs to improve conditions and protection
labor and provide control over their implementation;
establish the procedure for organizing and conducting training on labor protection
employees, including heads of organizations, as well as employers individual entrepreneurs, checking their knowledge of labor protection requirements, and
also the procedure for organizing and conducting training in first aid
injured at work, instruction on labor protection, internships at the workplace
location;
establish the procedure for carrying out state examination of conditions
labor, the procedure for conducting a special assessment of working conditions;
develop measures of economic incentives for activities
employers to ensure safe working conditions;
GUARANTEE:

See Passport of the "Safe Labor" subprogram of the state program of the Russian Federation
"Promotion of employment of the population", approved by the decree of the Government of the Russian Federation
dated April 15, 2014 N 298
ensure the interaction of federal executive bodies,
executive authorities of the constituent entities of the Russian Federation, associations
employers, trade unions and their associations on the implementation of

Page 151

state policy in the field of labor protection;
coordinate research work in the field of labor protection and
ensure the dissemination of advanced domestic and foreign work experience
to improve working conditions and safety;
organize international cooperation in the field of labor protection;
exercise other powers in the field of state management of labor protection
in accordance with federal laws and other regulatory legal acts
Russian Federation.
For the purpose of state management of labor protection, executive bodies
authorities of the constituent entities of the Russian Federation in the field of labor protection:
ensure implementation on the territory of a constituent entity of the Russian Federation
state policy in the field of labor protection and federal target programs
improvement of working conditions and labor protection;
develop and approve territorial target improvement programs
labor conditions and safety and ensure control over their implementation;
coordinate the holding on the territory of a constituent entity of the Russian Federation in
the established procedure for training on labor protection of employees, including
heads of organizations, as well as employers - individual
entrepreneurs, checking their knowledge of labor protection requirements, as well as conducting
training in the provision of first aid to victims at work;
carried out on the territory of a constituent entity of the Russian Federation in the established
the procedure for state examination of working conditions;
organize the collection and processing of information on the state of working conditions and labor protection at
employers operating on the territory of a constituent entity of the Russian
Federation;
exercise other powers in the field of state management of labor protection,
not attributed to the powers of federal executive bodies, in
in accordance with the laws and other regulatory legal acts of the subjects
Russian Federation.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 216.1 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 216.1. State examination of working conditions
GUARANTEE:

Cm. Encyclopedias and other comments on article 216.1 of the Labor Code of the Russian Federation
State examination of working conditions is carried out by the federal
an executive body authorized to conduct federal
государственного надзора за соблюдением трудового законодательства и иных
normative legal acts containing labor law norms and bodies
executive power of the constituent entities of the Russian Federation in the field of labor protection in
the procedure established by the authorized Government of the Russian Federation
федеральным органом исполнительной власти.
If the documentation and materials for the state examination
working conditions were not provided by persons entitled to
an application for a state examination of working conditions, bodies,
authorized to conduct state examination of working conditions,
independently request the specified documentation and materials from the authorities and

Page 152

organizations in respect of which a state examination of the conditions is carried out
labor, as well as in bodies providing public services, other
state bodies, local self-government bodies and subordinate
state bodies or bodies of local self-government organizations, if
the specified documentation and materials are at the disposal of such bodies or
organizations in accordance with the regulatory legal acts of the Russian Federation,
regulatory legal acts of the constituent entities of the Russian Federation, municipal
legal acts.
State examination of working conditions is carried out in order to assess:
quality conducting a special assessment of working conditions;
the correctness of the provision of guarantees and compensation to employees for work with
harmful and (or) dangerous working conditions;
the fourth paragraph became invalid on January 1, 2014;
Information about changes:

See text paragraph four of part three of Article 216.1
actual working conditions of employees.
State examination of working conditions is carried out on the basis of
rulings of judicial authorities, appeals of executive authorities,
employers, associations of employers, employees, trade unions, their
associations, other authorized by employees of representative bodies, bodies
Social Insurance Fund of the Russian Federation.
Persons carrying out state examination of working conditions have the right:
in the manner prescribed by federal laws and other regulatory
legal acts of the Russian Federation, without hindrance in the presence of
certificates of the established form to visit for the examination of any
employers (organizations, regardless of their organizational and legal forms and forms
property, as well as employers - individuals);
request and receive free of charge the necessary for the implementation
examination of documents and other materials;
carry out appropriate observations, measurements and calculations with the involvement of
if necessary, research (measuring) laboratories,
accredited in the manner prescribed by federal laws and other
regulations of the Russian Federation.
Persons carrying out state examination of working conditions are obliged to:
draw up a conclusion on conformity based on the results of the examination
(inconsistency) of working conditions with state regulatory requirements for protection
labor and send these conclusions to the court, executive authorities,
employers, employers' associations, employees, trade unions,
their associations, other representative bodies authorized by employees, bodies
The Social Insurance Fund of the Russian Federation;
ensure the objectivity and validity of the conclusions set out in
conclusions;
ensure the safety of documents and other materials received for
the implementation of the examination, and the confidentiality of the information contained therein.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 217 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition

Page 153

Article 217. Labor protection service in the organization
GUARANTEE:

See Encyclopedias and other comments on article 217 of the Labor Code of the Russian Federation
In order to ensure compliance with labor protection requirements, the implementation
control over their implementation by each employer carrying out
production activitieswith more than 50 employees
a person, a labor protection service is created or the position of a specialist in
occupational safety and health, with appropriate training or experience in this area.
An employer whose number of employees does not exceed 50 people,
decides on the creation of a labor protection service or the introduction of a position
labor protection specialist, taking into account the specifics of his production
activities.
If the employer does not have a labor protection service, a full-time specialist in
labor protection, their functions are performed by the employer - an individual
entrepreneur (personally), head of an organization, another authorized person
employer an employee or an organization or specialist providing services in
areas of labor protection attracted by the employer in civil law
the agreement. Organizations providing services in the field of labor protection are subject to
compulsory accreditation, with the exception of organizations conducting special
assessment of working conditions, the accreditation procedure for which is established
legislation on the special assessment of working conditions. List of services to provide
which need accreditation, accreditation rules , which include
accreditation requirements that organizations must meet,
providing services in the field of labor protection, the procedure for monitoring
activities of accredited organizations, the procedure for suspension or revocation
accreditation is established by the federal executive body,
carrying out the functions of developing public policy and regulatory
legal regulation in the field of labor.
The structure of the labor protection service in the organization and the number of employees of the service
labor protection is determined by the employer taking into account the recommendations of the federal
the executive body performing the functions of regulatory and legal
labor regulation.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 218 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 218. Committees (commissions) on labor protection
GUARANTEE:

See Encyclopedias and other comments on article 218 of the Labor Code of the Russian Federation
At the initiative of the employer and (or) at the initiative of employees or their
of the representative body, committees (commissions) on labor protection are created. They include
on a parity basis there are representatives of the employer and representatives of the elected
body of the primary trade union organization or other representative body
workers. The standard regulation on the labor protection committee (commission) is approved
by the federal executive body performing the functions of developing
government policy and labor regulations.

Page 154

The labor protection committee (commission) organizes joint actions
employer and employees to ensure labor protection requirements, prevention
industrial injuries and occupational diseases, and also organizes
conducting inspections of working conditions and labor protection at workplaces and informing
employees on the results of these checks, collection of proposals for the section
collective agreement (agreement) on labor protection.
Chapter 36. Ensuring the rights of workers to labor protection

Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 219 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 219. The right of an employee to work under conditions that meet the requirements
labor protection
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 219 of the Labor Code of the Russian Federation
Every employee has the right to:
a workplace that meets the requirements of labor protection;
compulsory social insurance against industrial accidents and
occupational diseases in accordance with federal law ;
obtaining reliable information from the employer, relevant
state bodies and public organizations on working conditions and labor protection
workplace, about the existing risk of damage to health, as well as about measures to
protection from exposure to harmful and (or) hazardous production factors;
refusal to perform work in case of danger to his life and
health due to violation of labor protection requirements, with the exception of cases
provided for by federal laws, until such danger is eliminated;
provision of means of individual and collective protection in accordance with
with the requirements of labor protection at the expense of the employer;
training in safe methods and techniques of work at the expense of the employer;
additional professional education at the expense of the employer in
in the event of the liquidation of the workplace due to violation of labor protection requirements;
a request for an inspection of working conditions and labor protection at his workplace
federal executive body authorized to exercise
federal state supervision over the observance of labor laws and
other normative legal acts containing labor law norms, other
federal executive bodies exercising state
control (supervision) in the established area of ​activity, by the executive
authorities carrying out state examination of working conditions, as well as
bodies of trade union control over the observance of labor legislation and other
acts containing labor law norms;
appeal to government bodies of the Russian Federation, bodies
state authorities of the constituent entities of the Russian Federation and local authorities
local government, to the employer, to employers' associations, as well as to
trade unions, their associations and other authorized by employees
representative bodies on labor protection issues;
personal participation or participation through their representatives in the consideration
issues related to ensuring safe working conditions at his workplace, and

Page 155

in the investigation of an industrial accident that occurred to him or
occupational disease;
extraordinary medical examination in accordance with medical
recommendations while retaining his place of work (position) and average earnings
during the passage of the specified medical examination;
guarantees and compensations established in accordance with this Code,
collective agreement, agreement, local regulation, labor
contract if he is engaged in work with harmful and (or) dangerous working conditions.
The size, procedure and conditions for the provision of guarantees and compensation to employees,
employed in work with harmful and (or) hazardous working conditions are established in
the procedure provided for in Articles 92 ,117 and147 of this Code.
Increased or additional guarantees and compensation for work at work with
harmful and (or) dangerous working conditions can be established by collective
agreement, local regulatory act, taking into account the financial and economic
employer position.
In case of ensuring safe working conditions at workplaces,
confirmed by the results of a special assessment of working conditions or a conclusion
state examination of working conditions, guarantees and compensation for workers are not
are installed.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 to Article 220 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 220. Guarantees of the workers' right to work under conditions appropriate
labor protection requirements
GUARANTEE:

Cm. Encyclopedias and other comments on article 220 of the Labor Code of the Russian Federation
The state guarantees employees the protection of their right to work in conditions
meeting the requirements of labor protection.
The working conditions stipulated by the employment contract must comply with
labor protection requirements.
At the time of suspension of work due to administrative suspension
activities or a temporary ban of activities in accordance with
legislation of the Russian Federation due to violation of state
regulatory requirements of labor protection through no fault of the employee, he retains a place
work (position) and average earnings. For this time, the employee, with his consent, may
be transferred by the employer to another job with remuneration for the performed
работе, но не ниже среднего заработка по прежней работе.
If the employee refuses to perform work in the event of a danger
for his life and health (except for the cases provided for by this
The Code and other federal laws), the employer must provide
other work for the employee for the period of elimination of such a hazard.
If the provision of another job for objective reasons
it is impossible for the employee, the employee's downtime until the danger to him is eliminated
life and health is paid by the employer in accordance with this Code and
other federal laws.
In case of failure to provide an employee in accordance with the established norms
by means of individual and collective protection, the employer does not have the right

Page 156

require the employee to fulfill his job duties and is obliged to pay
for this reason, the downtime in accordance with this The Code .
Refusal of an employee to perform work in the event of a danger to him
life and health due to violation of labor protection requirements or from the implementation
work with harmful and (or) dangerous working conditions not provided for by the labor
agreement does not entail disciplinary action against him.
In the event of harm to the life and health of an employee while performing
labor duties, compensation for the specified harm is carried out in accordance with
federal law.
In order to prevent and eliminate violations of state regulatory
labor protection requirements, the state ensures the organization and implementation of
federal state supervision over their observance and establishes
responsibility of the employer and officials for violation of these requirements.
Information about changes:

Federal Law No. 313-FZ of December 30, 2008 into Article 221 of this
Code changed
See the text of the article in the previous edition
Article 221. Provision of employees with personal protective equipment
GUARANTEE:

See Encyclopedias and other comments on Article 221 of the Labor Code of the Russian Federation
At work with harmful and (or) hazardous working conditions, as well as at work,
carried out in special temperature conditions or associated with pollution,
employees are issued free of charge compulsory certification or
declaration of conformity special clothing, special footwear and others
personal protective equipment, as well as washing and (or) neutralizing
means in accordance with the standard standards, which are established in the order,
determined by the Government of the Russian Federation.
The employer has the right, taking into account the opinion of the elected body of the primary
trade union or other representative body of workers and their
financial and economic situation to establish norms for free issuance
workers of special clothing, special footwear and other means of individual
protections that improve the protection of workers against
harmful and (or) hazardous factors available at the workplace, as well as special
temperature conditions or pollution.
The employer, at his own expense, is obliged in accordance with the established
ensure the timely issuance of special clothing, special footwear
and other personal protective equipment, as well as their storage, washing, drying, repair and
replacement.
Information about changes:

Federal Law No. 224-FZ of October 1, 2007 into Article 222 of this Code
changes made
See the text of the article in the previous edition
Article 222. Dispensing milk and therapeutic and prophylactic nutrition
GUARANTEE:

Page 157

See Encyclopedias and other comments on Article 222 of the Labor Code of the Russian Federation
At work with harmful working conditions, employees are issued free of charge
established standards milk or other equivalent food products. Issuance
workers for the established norms of milk or other equivalent food
products may be replaced by written applications from employees
compensation payment in an amount equivalent to the cost of milk or other
equivalent food products, if it is provided for by the collective agreement and
(or) an employment contract.
GUARANTEE:

See the List of harmful production factors, when exposed to
for preventive purposes, it is recommended to consume milk or other equivalent
food products approved by the order of the Ministry of Health and
social development of the Russian Federation of February 16, 2009 N 45n
At work with especially harmful working conditions, it is provided free of charge
the established norms of therapeutic and prophylactic nutrition.
GUARANTEE:

See the List of industries, professions and positions, work in which gives the right to
free treatment and prophylactic nutrition in connection with especially harmful
working conditions, approved by order of the Ministry of Health and
social development of the Russian Federation of February 16, 2009 N 46n
Norms and conditions of free dispensing of milk or other equivalent food
products, therapeutic and prophylactic nutrition, the procedure for implementing
compensation payment provided for in part one of this article,
are installed in order, determined by the Government of the Russian Federation, with
taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social
labor relations.
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 223 of this Code
changes made
See the text of the article in the previous edition
Article 223. Sanitary and household services and medical support
workers
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 223 of the Labor Code of the Russian Federation
Sanitary and household services and medical support for workers in
compliance with labor protection requirements is the responsibility of the employer. For this purpose
the employer equips sanitary facilities according to the established standards,
dining rooms, medical care rooms, rooms
for rest during working hours and psychological relief; posts for
first aid, complete with first aid kits;
apparatuses (devices) are installed to provide workers of hot shops and
plots of sparkling salt water and more.
Transportation to medical organizations or to the place of residence of employees,
victims of industrial accidents and occupational

Page 158

diseases, as well as for other medical indications are made by transport
by means of the employer or at his expense.
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 224 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 224. Additional guarantees of labor protection for certain categories
workers
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 224 of the Labor Code of the Russian Federation
In the cases provided for by this Code, other federal
laws and other regulatory legal acts of the Russian Federation,
the employer is obliged to: comply with the established for certain categories of employees
restrictions on their involvement in work with harmful and (or) dangerous
working conditions, to work at night, as well as to overtime work;
carry out the transfer of workers in need of health reasons in
providing them with easier work, for another job in accordance with
медицинским заключением, выданным в порядке, установленном федеральными
laws and other regulatory legal acts of the Russian Federation, with
appropriate payment; establish rest breaks included in the work
time; create working conditions for disabled people in accordance with the individual
rehabilitation program; carry out other activities.
GUARANTEE:

See also Accident Rehabilitation Program Form
cases at work and occupational disease, approved by
Resolution of the Ministry of Labor of the Russian Federation of July 18, 2001 N 56
Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 225 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 225. Training in the field of labor protection
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 225 of the Labor Code of the Russian Federation
All employees, including heads of organizations, as well as employers individual entrepreneurs are required to undergo training in labor protection and
checking knowledge of labor protection requirements in orderestablished by the authorized
The Government of the Russian Federation, the federal executive body with
taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social
labor relations.
For all persons applying for work, as well as for employees transferred to
other work, the employer or a person authorized by him is obliged to carry out
instruction on labor protection, organize training in safe methods and techniques
performing work and providing first aid to victims.
The employer provides training for persons entering work with harmful and
(or) hazardous working conditions, safe methods and techniques for performing work with
on-the-job training and exams and their periodic

Page 159

training on labor protection and testing of knowledge of labor protection requirements during the period of work.
The state promotes the organization of occupational safety training in organizations,
carrying out educational activities.
The state provides training for specialists in the field of labor protection.
Information about changes:

Federal Law No. 238-FZ of July 18, 2011 into Article 226 of this Code
changes made
See the text of the article in the previous edition
Article 226. Financing of measures to improve labor conditions and safety
GUARANTEE:

Cm. Encyclopedias and other comments on Article 226 of the Labor Code of the Russian Federation
Financing measures to improve labor conditions and safety
carried out at the expense of the federal budget, the budgets of the subjects
Of the Russian Federation, local budgets, extrabudgetary sources in the order,
established by federal laws and other regulatory legal acts
Of the Russian Federation, laws and other regulatory legal acts of the subjects
Of the Russian Federation, regulatory legal acts of local authorities
self-government.
Funding measures to improve working conditions and health and safety can
carried out also at the expense of voluntary contributions from organizations and individuals.
Financing measures to improve labor conditions and safety
employers (with the exception of state unitary enterprises and
federal institutions) is carried out in the amount of at least 0.2 percent of the amount
production costs of products (works, services). Model list annually
measures implemented by the employer at the expense of these funds to improve
working conditions and safety and reducing the levels of occupational risks
established by the federal executive body exercising
функции по выработке государственной политики и нормативно-правовому
labor regulation.
In the sectors of the economy, constituent entities of the Russian Federation, in the territories, as well as
employers may establish OSH funds in accordance with
federal laws and other regulatory legal acts of the Russian
Federation, laws and other regulatory legal acts of the constituent entities of the Russian
Federation, regulatory legal acts of local governments.
The employee does not bear the cost of financing improvement activities
conditions and labor protection.
Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 227 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 227. Accidents subject to investigation and registration
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 227 of the Labor Code of the Russian Federation
Accidents are subject to investigation and registration in accordance with this chapter.
incidents involving workers and other persons involved in
production activities of the employer (including with persons subject to
compulsory social insurance against industrial accidents and

Page 160

occupational diseases), in the performance of their labor duties or
performing any work on behalf of the employer (his representative), and
also in the implementation of other lawful actions due to labor
relations with the employer or committed in his interests.
To persons participating in the employer's production activities, in addition to
employees performing their duties under an employment contract, in particular,
relate:
workers and other persons receiving education in accordance with the student
agreement;
students undergoing industrial practice;
persons with mental disorders involved in
productive work at medical and industrial enterprises in the order
occupational therapy according to medical guidelines;
persons sentenced to imprisonment and involved in labor;
persons involved in the prescribed manner in the implementation of public
useful work;
members of production cooperatives and members of peasant (farm)
farms taking personal labor participation in their activities.
Investigation in the prescribed manner as accidents are subject
events as a result of which the victims were received: bodily injury
(injuries), including those caused by another person; heatstroke; burn; frostbite;
drowning; electric shock, lightning, radiation; bites and others
bodily harm caused by animals and insects; damage
due to explosions, accidents, destruction of buildings, structures and structures, natural
disasters and other emergencies, other damage to health,
caused by the influence of external factors - which entailed the need
transfer of victims to another job, temporary or permanent loss of
disability or death of the injured, if these events occurred:
GUARANTEE:

See the Temporary Procedure for Establishing the Degree of Professional Loss
ability to work as a result of accidents at work and
occupational diseases and the development of a rehabilitation program
injured in an accident at work and professional
diseases, approved by the decree of the Government of the Russian Federation of October 24, 2020 No.
N 1730
See the Rules for determining the degree of professional disability in
as a result of industrial accidents and occupational diseases,
approved Resolution of the Government of the Russian Federation of October 16, 2000 N 789
during working hours on the employer's premises or elsewhere
performance of work, including during established breaks, as well as during
the time required to put in order the tools of production and clothing,
perform other prescribed rules of internal labor regulations
actions before and after the end of work, or when performing work for
the limits of the working hours established for the employee, in
weekends and non-working holidays;
when going to the place of work or from work on a transport
funds provided by the employer (his representative), or on a personal

vehicle in case of using a personal vehicle in
production (service) purposes by order of the employer (his
representative) or by agreement of the parties to the employment contract;

Page 161

when going to the place of business trip and back, during business
travel by public or official transport, as well as when following
the order of the employer (his representative) to the place of work
(errands) and back, including on foot;
when traveling in a vehicle as a changer during
inter-shift rest (driver-shift on a vehicle, a conductor or
mechanic of the refrigerator section on the train, a member of the mail carriage brigade, and others);
when working on a rotational basis during inter-shift rest, as well as when
being on a ship (air, sea, river) free from watch and ship
work time;
in the implementation of other lawful actions due to labor
relations with the employer or committed in his interests, including
actions aimed at preventing a catastrophe, accident or accident
case.
Accidents are also subject to investigation in accordance with the established procedure.
the events specified in part three of this article, if they happened to persons,
attracted in accordance with the established procedure to participate in work to prevent
catastrophe, accident or other extraordinary circumstances or in work on
elimination of their consequences.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 228 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 228. Obligations of the employer in the event of an accident
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 228 of the Labor Code of the Russian Federation
In the event of accidents specified in Article 227 of this Code,
the employer (his representative) is obliged:
immediately arrange first aid for the victim and, if necessary
delivering it to a medical organization;
take urgent measures to prevent the development of an emergency or other
an emergency and the impact of traumatic factors on other persons;
keep the situation as it is until the investigation of the accident
was at the time of the accident, if it does not threaten the life and health of others and does not
leads to a catastrophe, accident or other emergency, and in
if it is impossible to preserve it, fix the current situation
(draw up diagrams, take photographs or video filming, other events);
immediately inform authorities and organizations about the accident,
specified in this Code , other federal laws and other regulatory
legal acts of the Russian Federation, but about a serious accident or unfortunate
in a fatal case - also of the victim's relatives;
take other necessary measures to organize and ensure proper and
timely investigation of the accident and registration of materials
investigations in accordance with this chapter.
Information about changes:

Page 162

Federal Law No. 242-FZ of July 18, 2011 into Article 228.1 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 228.1. Procedure for notification of accidents
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 228.1 of the Labor Code of the Russian Federation
In case of a group accident (two or more persons), a serious accident
accident or fatal accident, the employer (his
representative) within 24 hours is obliged to send a notification according to the established form :
to the appropriate territorial body of the federal executive body
authorities authorized to exercise federal state supervision over
compliance with labor laws and other regulatory legal acts,
containing labor law norms;
to the prosecutor's office at the place of the accident;
to the executive body of the constituent entity of the Russian Federation and (or) the body
local government at the place of state registration of a legal entity
or an individual as an individual entrepreneur;
the employer who sent the employee with whom the accident happened
happening;
to the territorial body of the corresponding federal executive body
the authority exercising state control (supervision) in the established area
activity, if an accident occurred in an organization or at a facility,
controlled by this body;
to the executive body of the insurer on compulsory social
insurance against industrial accidents and occupational diseases
(at the place of registration of the employer as an insured).
In the event of a group accident, serious accident or accident
in a fatal case, the employer (his representative) within 24 hours
is also obliged to send a notification in the prescribed form to the appropriate
territorial association of trade union organizations.
About an accident that occurred on a ship in navigation
(regardless of its departmental (industry) affiliation), the captain of the ship
is immediately obliged to inform the employer (shipowner), and if the ship
is on a foreign voyage - also to the corresponding consulate of the Russian
Federation.
The employer (shipowner) upon receipt of a report on what happened on the ship
group accident, serious accident or accident with
lethal outcome within 24 hours is obliged to send a notification according to the established
form in:
the corresponding territorial body of the federal executive body
authorities authorized to exercise federal state supervision over
compliance with labor laws and other regulatory legal acts,
containing labor law norms;
the relevant prosecutor's office at the place of registration of the vessel;
the relevant federal executive authorities authorized
for the implementation of federal state supervision in the use of
atomic energy and state supervision in the field of radiation safety,
if an accident occurred at the nuclear power plant of a ship or
transportation of nuclear materials, radioactive substances and waste;

Page 163

the corresponding territorial association of trade union organizations;
the executive body of the insurer on compulsory social
insurance against industrial accidents and occupational diseases
(at the place of registration of the employer as an insured).
About accidents that, over time, have passed into the category
serious or fatal accidents,
the employer (his representative) within three days after receiving information about
this sends a notice in the prescribed form to the appropriate
territorial body of the federal executive body authorized
on the implementation of federal state supervision over the observance of labor
legislation and other regulatory legal acts containing labor standards
rights, territorial association of trade union organizations and territorial
body of the relevant federal executive body,
exercising state control (supervision) in the established area
activity, if an accident occurred in an organization or at a facility,
controlled by this body, and about insured events - to the executive body
insurer (at the place of registration of the employer as an insured).
The employer (his representative) informs about cases of acute poisoning in
relevant federal executive bodyimplementing
functions for federal state sanitary and epidemiological supervision.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 229 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 229. Procedure for the formation of commissions for the investigation of accidents
cases
GUARANTEE:

Cm. Encyclopedias and other comments on Article 229 of the Labor Code of the Russian Federation
For the investigation of an accident, the employer (his representative)
immediately forms a commission of at least three people. Part
the commission includes a labor protection specialist or a person appointed
responsible for the organization of work on labor protection by order (decree)
employer, employer representatives, representatives of an elected body
a primary trade union organization or other representative body of workers,
health and safety commissioner. The commission is headed by the employer (his
representative), and in the cases provided for by this Code, - an official
the relevant federal executive body exercising
state control (supervision) in the established area of ​activity.
GUARANTEE:

On the peculiarities of the formation of commissions for the investigation of accidents,
occurred in certain industries and organizations with certain categories
workers (citizens), see the Regulation on the specifics of the investigation of accidents
cases in production in certain industries and organizations, approved
Resolution of the Ministry of Labor of the Russian Federation of October 24, 2002 N 73
When investigating an accident (including a group one), as a result
which one or more victims received serious health injuries,
or an accident (including a group) with a fatal outcome in the
commissions also include the state labor inspector, representatives of the body

Page 164

executive power of the constituent entity of the Russian Federation or local authority
local government (as agreed), representative of the territorial association
organizations of trade unions, and in the investigation of these accidents with
insured - representatives of the executive body of the insurer (at the place of
registration of the employer as the policyholder). The Commission is headed by
as a rule, an official of the federal executive body,
authorized to conduct federal state supervision over
compliance with labor laws and other regulatory legal acts,
containing the norms of labor law.
Unless otherwise provided by this Code, then the composition of the commission
approved by the order (order) of the employer. Persons on whom
directly entrusted with ensuring compliance with labor protection requirements on
the site (facility) where the accident occurred are not included in the commission.
In the investigation of an accident with an employer - an individual
the specified employer or his authorized representative is involved,
the victim's confidant, an occupational safety specialist who can
to be involved in the investigation of the accident and on a contractual basis.
Accident with a person sent to perform work
to another employer and who participated in his production activities,
is being investigated by a commission formed by the employer at whom the
accident. The commission includes a representative of the employer,
who sent that person. Failure to arrive or late arrival of the specified
a representative is not a basis for changing the timing of the investigation.
Accident that occurred to a person who performed work on the territory
another employer is being investigated by a commission formed by the employer (his
representative), on whose behalf the work was carried out, with the participation of
the need of the employer (his representative), who is assigned this
territory on the rights of ownership, possession, use (including lease) and
other grounds.
Accident happened to a person performing on behalf of
the employer (his representative) work on the allocated in the prescribed manner
the site of another employer, is investigated by a commission formed by the employer,
performing this work, with the obligatory participation of a representative of the employer, on
territory of which it was carried out.
An accident that happened to an employee while performing work on
part-time, is investigated and recorded at the place of part-time work. IN
In this case, the employer (his representative) who conducted the investigation, with
written consent of the employee may inform about the results of the investigation
employer at the victim's place of work.
Investigation of an accident resulting from a catastrophe,
accident or other damage to the vehicle, carried out by the commission,
formed and headed by the employer (his representative), with the obligatory
the use of materials from the investigation of a disaster, accident or other damage
vehicle held by the relevant federal authority
executive power exercising state control (supervision) in
the established field of activity, the bodies of inquiry, the bodies of investigation and
by the owner of the vehicle.
Each victim, as well as his legal representative or other trusted
the person has the right to personally participate in the investigation of the accident,
what happened to the victim.

Page 165

At the request of the victim or in the event of death of the victim at the request
persons who were dependent on the victim, or persons who were with him in a close
relationship or property, in the investigation of an accident may also take
participation of their legal representative or other authorized person. In the case when
legal representative or other trusted person does not participate in the investigation,
the employer (his representative) or the chairman of the commission is obliged, upon request,
legal representative or other authorized person to acquaint him with the materials
investigation.
If the accident is the result of a malfunction affecting
ensuring nuclear, radiation and technical safety at facilities
use of atomic energy, then a representative of
territorial body of the federal executive body,
performing the functions of federal state supervision in the field
use of atomic energy.
In the event of an accident that occurs in an organization or at a facility,
controlled by the territorial body of the federal executive body,
performing the functions of control and supervision in the field of industrial
safety, the composition of the commission is approved by the head of the relevant
territorial authority. The commission is headed by a representative of this body.
In a group accident with the death toll of five or more people,
the composition of the commission also includes representatives of the federal body
executive power authorized to conduct state control
(supervision) over compliance with labor laws and other regulatory legal
acts containing labor law norms and the all-Russian association
trade unions. The commission is headed by the head of the state
labor inspectorate - the chief state labor inspector of the relevant
state labor inspectorate or his deputy for labor protection, and when
investigation of an accident that occurred in an organization or at a facility,
controlled by the territorial body of the federal executive body,
performing the functions of control and supervision in the field of industrial
security, - the head of this territorial body.
GUARANTEE:

On determining the severity of health damage in accidents at
production see order of the Ministry of Health and Social Development of the Russian Federation
dated February 24, 2005 N 160
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Chapter 36 of this Code
supplemented by article 229.1, which shall enter into force 90 days after the day
the official publication of the named Federal Law
Article 229.1. Terms of investigation of accidents
GUARANTEE:

Cm. Encyclopedias and other comments on article 229.1 of the Labor Code of the Russian Federation
Investigation of an accident (including a group) resulting from
which one or more injured persons received minor health injuries,
carried out by the commission within three days. Accident investigation (including
group), as a result of which one or more victims received
serious damage to health, or an accident (including group) with

Page 166

fatalities are carried out by the commission within 15 days.
An accident that was not communicated to the employer in a timely manner or
as a result of which the victim did not become incapacitated immediately,
is investigated in the manner prescribed by this Code by other federal
laws and other regulatory legal acts of the Russian Federation, on
the statement of the victim or his authorized representative within one month from the date
receipt of the specified application.
If it is necessary to conduct an additional check of the circumstances
accident, obtaining appropriate medical and other opinions
the terms specified in this article may be extended by the chairman of the commission, but
for no more than 15 days. If you complete the investigation of an accident in
the deadline is not possible due to the need
consideration of his circumstances in organizations carrying out expertise, bodies
inquiry, the investigating authorities or in court, then the decision to extend the investigation period
accident is accepted in agreement with these organizations, bodies
or taking into account their decisions.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 229.2 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 229.2. Accident investigation procedure
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 229.2 of the Labor Code of the Russian Federation
When investigating each accident, the commission (in the stipulated
this Code, in cases where the state labor inspector, independently
investigating the accident) identifies and interviews eyewitnesses
accidents, persons who have committed violations of labor protection requirements receive
the necessary information from the employer (his representative) and, if possible explanations from the victim.
At the request of the commission in cases necessary for the investigation
the employer, at his own expense, provides:
technical calculations, laboratory research,
tests, other expert work and the involvement of specialists for these purposes
experts;
photographing and (or) filming the scene of the accident and damaged
objects, drawing up plans, sketches, diagrams;
provision of transport, office space, communication facilities, special
clothing, special footwear and other personal protective equipment.
Accident investigation materials include:
order (order) on the creation of a commission to investigate the accident
case;
plans, sketches, diagrams, protocol of inspection of the scene, and
necessary - photo and video materials;
documents characterizing the state of the workplace, the presence of hazardous and
harmful production factors;
extracts from the logbooks of occupational safety briefings and protocols
checking the knowledge of the victims of labor protection requirements;
reports of interviews with eyewitnesses of the accident and officials, explanations

Page 167

victims;
expert opinions of specialists, results of technical calculations,
laboratory research and testing;
medical report on the nature and severity of the injury,
caused to the health of the victim, or the cause of his death, finding
the victim at the time of the accident in a state of alcoholic, narcotic
or other toxic intoxication;
copies of documents confirming the issuance of a special
clothing, special shoes and other personal protective equipment in accordance with
acting norms ;
extracts from previously issued to the employer and relating to the subject
investigating the orders of state labor inspectors and officials
the territorial body of the corresponding federal executive body
the authority exercising the functions of state supervision in the established area
activity (if an accident occurred in an organization or at a facility,
controlled by this body), as well as extracts from the submissions of trade union
labor inspectors on the elimination of identified violations of labor protection requirements;
other documents at the discretion of the commission.
A specific list of investigation materials is determined by the chairman
commissions depending on the nature and circumstances of the accident.
Based on the collected materials of the investigation, the commission (in
in the cases provided for by this Code , the state labor inspector,
self-investigating the accident) establishes
the circumstances and causes of the accident, as well as the persons who committed the violations
labor protection requirements, develops proposals to eliminate the identified
violations, causes of accidents and prevention of similar accidents
cases, determines whether the actions (inaction) of the victim at the time
the accident is due to an employment relationship with the employer or
participation in its production activities, if necessary, decides on
by which employer records the accident qualifies
an accident as an accident at work or as an accident,
not related to production.
Investigated in accordance with the established procedure and by the decision of the commission (in
the cases provided for by this Code of the state labor inspector,
independently investigating the accident) depending on
specific circumstances may qualify as accidents, not
production-related:
death due to general illness or suicide, confirmed in
in accordance with the established procedure, respectively, by the medical organization, the investigation authorities
or by court;
death or damage to health, the sole cause of which was
the conclusion of a medical organization alcoholic, narcotic or other
toxic intoxication (poisoning) of the victim, not associated with violations
technological process in which technical alcohols are used,
aromatic, narcotic and other toxic substances;
casualty accident
(inaction) qualified by law enforcement agencies as a criminal
punishable act.
An industrial accident is an insured event if it
happened to an insured person or another person subject to compulsory social

Page 168

insurance against industrial accidents and occupational diseases.
If during the investigation of the accident with the insured it is established that
gross negligence of the insured contributed to the emergence or increase
harm caused to his health, then, taking into account the conclusion of the elected body of the primary
a trade union organization or other body authorized by employees, a commission (in
in the cases provided for by this Code, the state labor inspector,
self-investigating the accident) establishes the degree
the guilt of the insured as a percentage.
Part nine expired.
Information about changes:

See text part nine of article 229.2
Regulations on the specifics of investigating accidents at work in
individual industries and organizations and the form of documents required for
investigation of accidents, are approved in the manner prescribed
a federal body authorized by the Government of the Russian Federation
executive power.
GUARANTEE:

See Procedure for state labor inspectorates in the subjects of the Russian
Federation in a group accident with the death toll of 2 people or more,
approved by order of Rostrud of December 13, 2019 N 353
See Regulation on investigation and recording of occupational diseases,
approved Decree of the Government of the Russian Federation of December 15, 2000 N 967
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 229.3 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 229.3. Investigation of accidents by state
labor inspectors
GUARANTEE:

Cm. Encyclopedias and other comments on Article 229.3 of the Labor Code of the Russian Federation
State labor inspector upon detection of a hidden accident,
receipt of a complaint, application, other treatment of the victim (his legal
representative or other trustee), a dependent person
who died as a result of an accident, or a person who was with him in a close
relationship or property (their legal representative or other trustee), about
their disagreement with the conclusions of the commission for the investigation of the accident, as well as
obtaining information that objectively indicates a violation of the order
investigation, conducts an additional investigation of the accident in
in accordance with the requirements of this chapter, regardless of the limitation period
accident. Additional investigation is carried out, as a rule, with
involvement of a trade union labor inspector, and, if necessary, representatives of
the relevant federal executive body exercising
state control (supervision) in the established area of ​activity, and
executive body of the insurer (at the place of registration of the employer as
insured). Based on the results of an additional investigation, the state
the labor inspector draws up an opinion on an industrial accident and issues
a prescription that is binding on the employer (his representative).

Page 169

The state labor inspector has the right to oblige the employer (his
representative) to draw up a new act of the accident at work, if
the existing act is executed with violations or does not correspond to the materials
accident investigation. In this case, the previous accident report on
production is recognized as invalidated on the basis of the decision of the employer (his
representative) or state labor inspector.
GUARANTEE:

See guidelines for accident investigation,
approved by the Office of State Supervision in the Labor Sphere of the Federal
Labor and Employment Services April 7, 2017
Information about changes:

Federal Law No. 82-FZ of April 6, 2015 to Article 230 of this Code
changes made
See the text of the article in the previous edition
Article 230. The order of registration of materials of investigation of accidents
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 230 of the Labor Code of the Russian Federation
On the approval of the forms of documents required for the investigation of accidents
cases in production, see:
Order of the Ministry of Health and Social Development of Russia dated April 15, 2005 N 275
Resolution of the Ministry of Labor of the Russian Federation of October 24, 2002 N 73
For every accident qualified by results
investigation as an industrial accident and resulting in
the need to transfer the victim in accordance with the medical report,
issued in the manner prescribed by federal laws and other regulatory
legal acts of the Russian Federation, for another job, the loss of
work capacity for a period of at least one day or the death of the victim,
a statement of an industrial accident is drawn up in the prescribed form in two
copies of equal legal force in Russian or in
Russian language and the state language of the republic, which is part of the Russian
Federation.
In the event of a group accident at work, the accident report on
production is compiled for each victim separately.
In the event of an accident at work with the insured, a
an additional copy of the statement of an industrial accident.
The statement of an occupational accident must detail
the circumstances and causes of the accident, as well as the persons who allowed
violation of labor protection requirements. In case of establishing the fact, gross
negligence of the insured who contributed to the occurrence of harm or
an increase in harm caused to his health, the act indicates the degree of guilt
the insured in percentage, established by the results of the investigation of the accident
cases in production.
After the completion of the investigation, the report on the accident at work
signed by all investigators, approved
by the employer (his representative) and certified by the seal (if there is a seal).
The employer (his representative) within three days after completion

Page 170

investigation of an industrial accident is obliged to issue one copy
the act on an industrial accident approved by him to the victim (his
legal representative or other authorized person), and in case of an accident on
fatal production - to persons dependent on the deceased,
or to persons who were closely related to him or her (their legal
representative or other authorized person), at their request. Second instance
of the specified act, together with the investigation materials, is stored for 45 years
by the employer (his representative) carrying out accounting by the decision of the commission
accident at work. In case of insured events, the third copy
a statement of an industrial accident and a copy of the investigation materials
the employer (his representative) within three days after the completion of the investigation
an accident at work is sent to the executive body of the insurer
(at the place of registration of the employer as an insured).
In the event of an accident at work that occurred with the person sent
to perform work for another employer and those who participated in it
production activities ( part five of Article 229 of this Code),
the employer (his representative) who has an accident sends
a copy of the accident report at work and a copy of the investigation materials
the place of the main work (study, service) of the victim.
Based on the results of an investigation of an accident qualified as
an accident not related to production, including a group accident
accident, serious accident or fatal accident,
commission (in the cases provided for by this Code , the state inspector
labor, who independently conducted the investigation of the accident) draws up an act
on the investigation of the relevant accident in the prescribed form in two
copies of equal legal force, which are signed by all
persons conducting the investigation.
The results of the investigation of an occupational accident are reviewed
the employer (his representative) with the participation of the elected body of the primary
trade union organization to take measures aimed at preventing
accidents at work.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 230.1 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 230.1. Procedure for registration and accounting of industrial accidents
GUARANTEE:

Cm. Encyclopedias and other comments on article 230.1 of the Labor Code of the Russian Federation
Each accident registered in the prescribed manner for
production is registered by the employer (his representative), carrying out in
in accordance with the decision of the commission (in the cases provided for by this Code
a state labor inspector who independently conducted an investigation
accident at work) its registration, in the register of accidents
cases in production according to the established form.
One copy of the act of the investigation group accident
production, serious accident at work, accident at
fatal proceedings, together with copies of the investigation file,
including copies of the acts of the accident at work for each victim,

Page 171

the chairman of the commission (in the cases provided for by this Code
a state labor inspector who independently conducted an investigation
accident) within three days after submission to the employer
sent to the prosecutor's office, which was reported about the accident. Second
a copy of the said act together with the investigation materials is kept for 45
years by the employer who had the accident. Copies of the specified
of the act, together with copies of the investigation materials, are sent: to the appropriate
state labor inspectorate and the territorial body of the relevant
federal executive body exercising state
control (supervision) in the established field of activity, - in accidents at
production that took place in organizations or at facilities controlled by this
body, and in case of an insured event - also to the executive body of the insurer (at the place
registration of the employer as the policyholder).
Copies of reports on investigation of accidents at work (including
group), as a result of which one or more victims received severe
damage to health, or accidents at work (including
group), ended with death, together with copies of the acts on the accident at
production for each victim are sent by the chairman of the commission (in
in the cases provided for by this Code by the state labor inspector,
independently conducting an investigation of an accident at work) in
federal executive body authorized to exercise
federal state supervision over the observance of labor laws and
other regulatory legal acts containing labor law norms, and
the corresponding territorial association of professional organizations
unions to analyze the state and causes of industrial injuries in the Russian
Federation and the development of proposals for its prevention.
At the end of the period of temporary disability of the victim
the employer (his representative) is obliged to send to the appropriate
the state labor inspectorate, and, if necessary, to the territorial body
the relevant federal executive body exercising
state control (supervision) in the established field of activity, communication on
the established form on the consequences of an accident at work and measures,
adopted in order to prevent accidents at work.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 231 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 231. Consideration of disagreements on issues of investigation, registration
and accounting of accidents
GUARANTEE:

Cm. Encyclopedias and other comments on Article 231 of the Labor Code of the Russian Federation
Disagreements on the investigation, registration and registration of accidents
cases, non-recognition by the employer (his representative) of the fact of the accident,
refusal to investigate the accident and draw up
the relevant act, the disagreement of the victim (his legal representative or
other trustee), and in case of fatal accidents - persons
dependents of the deceased as a result of an accident, or persons
who were in a close relationship or property with him (their legal representative or

Page 172

another authorized person), with the content of an act of an accident are considered
federal executive body authorized to exercise
federal state supervision over the observance of labor laws and
other normative legal acts containing labor law norms, and its
territorial bodies whose decisions can be appealed to the court. In these
cases, the filing of a complaint is not a basis for non-compliance by the employer (his
representative) decisions of the state labor inspector.
Section XI. Material liability of the parties to an employment contract
GUARANTEE:

Cm. scheme "Liability of the parties to the employment contract"

Cm. comments on section XI

Chapter 37. General Provisions
Article 232. Obligation of a party to an employment contract to compensate for damage
inflicted by her on the other party to this treaty
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 232 of the Labor Code of the Russian Federation
Party to the employment contract (employer or employee) causing the damage
to the other party, compensates this damage in accordance with this Code and other
federal laws.
An employment contract or written agreements,
attached to it, the material liability of the parties can be specified
of this agreement. In this case, the contractual liability of the employer to the employee
cannot be lower, and the employee in front of the employer - higher than it is stipulated
this Code or other federal laws.
Termination of an employment contract after causing damage does not entail
release of the parties to this contract from liability,
provided for by this Code or other federal laws.
Article 233. Conditions for the occurrence of material liability of a party
employment contract
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 233 of the Labor Code of the Russian Federation
Material liability of the party to the employment contract arises for damage,
caused by her to the other party to this contract as a result of her guilty
illegal behavior (action or inaction), unless otherwise provided
this Code or other federal laws.
Each of the parties to the employment contract is obliged to prove the amount caused to her
damage.
Chapter 38. Material liability of the employer to the employee

Information about changes:

Article 234 amended from January 1, 2020 - Federal Law of December 16, 2019 N

Page 173

439-ФЗ
See previous edition
Article 234. Obligation of the employer to compensate the employee for material
damage caused by unlawful deprivation of his ability
work
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 234 of the Labor Code of the Russian Federation
The employer is obliged to compensate the employee for the earnings not received by him in all
cases of illegal deprivation of his ability to work. Such a duty, in
in particular, occurs if earnings are not received as a result of:
illegal suspension of an employee from work, his dismissal or transfer to
other work;
the employer's refusal to comply or untimely execution of the decision
labor dispute resolution body or state legal inspector
labor for the restoration of the employee at the previous job;
delay by the employer in issuing a work book to the employee, providing
information about labor activity (article 66.1 of this Code), introduction into
work book, in information about labor activity is incorrect or not
the wording of the reason for the employee's dismissal in accordance with the law;
paragraph five expired.
Information about changes:

See text paragraph five of Article 234
Federal Law of June 30, 2006 N 90-FZ into Article 235 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 235. Material liability of the employer for damage caused
employee property
GUARANTEE:

See Encyclopedias and other comments on article 235 of the Labor Code of the Russian Federation
An employer who has caused damage to the employee's property shall compensate this damage in
in full. The amount of damage is calculated at market prices in force in this
locality on the day of compensation.
With the consent of the employee, the damage can be compensated in kind.
The employee's application for compensation for damage is sent by him to the employer.
The employer is obliged to consider the submitted application and accept the appropriate
the decision within ten days from the date of its receipt. If the employee disagrees with
by decision of the employer or failure to receive a response within the prescribed period, the employee has
the right to go to court.
Information about changes:

Federal Law No. 272-FZ of July 3, 2016, Article 236 of this Code
set out in a new edition, which takes effect ninety days after
the day of the official publication of the said Federal Law
See the text of the article in the previous edition
Article 236. Material liability of employer for delay in payment

Page 174

wages and other payments due to the employee
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 236 of the Labor Code of the Russian Federation
If the employer violates the established deadline, the payments
wages, vacation pay, dismissal payments and (or) other payments,
due to the employee, the employer is obliged to pay them with payment of interest
(monetary compensation) in the amount of not less than one hundred and fiftieth of the current
time of the key rate of the Central Bank of the Russian Federation from unpaid
within the period of the amounts for each day of delay starting from the next day after the established
the term of payment on the day of actual settlement inclusive. In case of incomplete payment in
the established period of wages and (or) other payments due
the employee, the amount of interest (monetary compensation) is calculated from actually not
amounts paid on time.
The amount of monetary compensation paid to the employee may be increased
collective agreement, local regulation or employment agreement.
The obligation to pay the specified monetary compensation arises regardless of
the presence of the fault of the employer.
GUARANTEE:

To calculate compensation for delayed wages, vacation pay, payments for
dismissal, use the calculatordeveloped by the company's experts
"Guarantee"
On the employer's administrative liability for late payment
wages and other payments due to the employee, see Administrative Code of the Russian Federation
Article 237. Compensation for moral damage caused to an employee
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 237 of the Labor Code of the Russian Federation
Moral harm caused to the employee by unlawful actions or
inaction of the employer, the employee is reimbursed in cash in the amount,
determined by agreement of the parties to the employment contract.
In the event of a dispute, the fact of inflicting moral harm on the employee and
the amount of his compensation is determined by the court regardless of the amount to be reimbursed
property damage.
Chapter 39. Material liability of an employee
GUARANTEE:

See Review of the practice of judicial review of cases of liability
employee, approved by the Presidium of the Supreme Court of the Russian Federation on December 5, 2018
For material liability of the employee, see the letter of the Federal Labor Service
and employment of October 19, 2006 N 1746-6-1
On the application by courts of legislation regulating material
liability of employees for damage caused to the employer, see Ordinance
Plenum of the RF Armed Forces of November 16, 2006 N 52
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 238 of this Code
changes have been made that take effect 90 days after the day of the official

Page 175

publication of the named Federal Law
See the text of the article in the previous edition
Article 238. Material liability of an employee for damage caused
employer
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 238 of the Labor Code of the Russian Federation
The employee is obliged to compensate the employer for the direct damage caused to him
actual damage. Lost income (lost profits) collection from
the employee is not subject.
Direct actual damage is understood as a real reduction
available property of the employer or deterioration of the specified property (in
including property of third parties held by the employer, if the employer
is responsible for the safety of this property), as well as the need for
the employer to make expenses or excessive payments for the acquisition,
restoration of property or compensation for damagecaused by the employee
third parties.
GUARANTEE:

For the employer's responsibility for the actions of its employees, see Articles 402 and 1068
Of the Civil Code of the Russian Federation
Part three is no longer valid .
Information about changes:

See text part three of article 238
Article 239. Circumstances precluding material liability
employee
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 239 of the Labor Code of the Russian Federation
Material liability of the employee is excluded in cases of
damage due to force majeure, normal business risk , extreme
necessary or necessary defense or failure by the employer
obligations to ensure proper conditions for the storage of property entrusted
to the employee.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 240 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 240. Right of the employer to refuse to recover damages from the employee
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 240 of the Labor Code of the Russian Federation
The employer has the right, taking into account the specific circumstances in which he was
damage was caused, completely or partially refuse to collect it from the guilty person
employee. The owner of the organization's property can restrict the specified right
employer in cases stipulated by federal laws, other

Page 176

regulatory legal acts of the Russian Federation, laws and other
regulatory legal acts of the constituent entities of the Russian Federation, regulatory
legal acts of local self-government bodies, constituent documents
organizations.
Article 241. Limits of material liability of an employee
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 241 of the Labor Code of the Russian Federation
For the damage caused, the employee bears material responsibility within
their average monthly earnings, unless otherwise provided by this Code
or other federal laws.
Information about changes:

Article 242 amended from December 8, 2017 - Federal Law of November 27, 2017 No.
N 359-FZ
See previous edition
Article 242. Full material liability of an employee
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 242 of the Labor Code of the Russian Federation
The full financial responsibility of the employee consists in his duties
compensate the direct actual damage caused to the employer in full
size.
Material liability in full amount of the damage caused may
be assigned to the employee only in cases provided for by this Code or
other federal laws.
Employees under the age of eighteen bear full material
liability only for intentional damage, for damage caused in
a state of alcoholic, drug or other toxic intoxication , as well as for
damage caused by the commission of a crime or administrative
offenses.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 243 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 243. Cases of full financial liability
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 243 of the Labor Code of the Russian Federation
Material liability in full amount of the damage caused
assigned to the employee in the following cases:
1) when, in accordance with this Code or other federal
the laws on the employee are entrusted with financial responsibility in full for
damage caused to the employer in the performance of the employee's labor duties;
2) lack of values ​entrusted to him on the basis of a special written
contract or received by him on a one-time document;
3) deliberate infliction of damage;

Page 177

4) causing damage in a state of alcoholic, drug or other
toxic intoxication ;
5) damage caused as a result of criminal actions of an employee,
established by the court verdict;
Information about changes:

Clause 6 amended from December 8, 2017 - Federal Law of November 27, 2017 N 359FZ
See previous edition
6) causing damage as a result of an administrative offense, if
such is established by the relevant state authority;
Information about changes:

Clause 7 modified from August 14, 2018 - Federal Law of August 3, 2018 N 315-FZ
See previous edition
7) disclosure of information constituting a secret protected by law
(state, official, commercial or other), in the cases provided for
this Code, other federal laws;
8) damage caused not during the performance of the employee's labor duties.
Liability in full inflicted on the employer
damage can be established by an employment contract concluded with deputies
head of the organization, chief accountant.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 244 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 244. Written agreements on full material liability
workers
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 244 of the Labor Code of the Russian Federation
Written agreements on full individual or collective (brigade)
material liability (paragraph 2 of the first part of Article 243 of this Code),
that is, to compensate the employer for the damage caused in full for
shortage of property entrusted to employees may be concluded with employees,
have reached the age of eighteen and are directly serving or
using monetary, commodity values ​or other property.
Lists of jobs and categories of workers with whom the specified
contracts, as well as standard forms of contracts are approved in the order ,
established by the Government of the Russian Federation.
Article 245. Collective (brigade) material responsibility for
damage inflicted
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 245 of the Labor Code of the Russian Federation
When employees jointly perform certain types of work related to
storage, processing, sale (vacation), transportation, use or other
using the values ​transferred to them when it is impossible to distinguish

Page 178

responsibility of each employee for damage and conclude an agreement with him on
compensation for damage in full, a collective (brigade)
material liability.
Written agreement on collective (brigade) material liability
for causing damage is between the employer and all team members
(brigades).
Under an agreement on collective (brigade) material liability of value
are entrusted to a pre-established group of persons, which is entrusted with full
material responsibility for their shortage. For liberation from material
responsibility, a member of the team (brigade) must prove the absence of his guilt.
In case of voluntary compensation for damage, the degree of guilt of each member of the team
(brigade) is determined by agreement between all members of the team (brigade) and
employer. When recovering damage in court, the degree of guilt of each member
collective (brigade) determined by the court.
Article 246. Determination of the amount of damage caused
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 246 of the Labor Code of the Russian Federation
The amount of damage caused to the employer in the event of loss and damage to property,
determined by actual losses calculated based on market prices,
operating in the area on the day of damage, but not less than the cost
property according to accounting data, taking into account the degree of depreciation of this property.
Federal law may establish a special procedure for determining
the amount of compensation for damage caused to the employer by embezzlement,
deliberate damage, shortage or loss of certain types of property and other
values, as well as in cases where the actual amount of damage caused
exceeds its nominal size.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 247 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 247. Obligation of the employer to determine the amount inflicted on him
damage and the cause of its occurrence
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 247 of the Labor Code of the Russian Federation
Before making a decision on compensation for damage by specific employees
the employer is obliged to conduct a check to establish the amount of
damage and causes of its occurrence. To carry out such a check, the employer
has the right to create a commission with the participation of relevant specialists.
Requesting a written explanation from the employee to establish the reason
occurrence of damage is imperative. In case of refusal or evasion
the employee from the provision of the specified explanation, an appropriate
Act.
The employee and (or) his representative have the right to get acquainted with all
materials of verification and appeal them to порядкеestablished by this Code.

Page 179

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 248 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 248. Procedure for recovery of damage
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 248 of the Labor Code of the Russian Federation
Recovery from the guilty employee of the amount of damage caused, not exceeding
average monthly earnings, is made by order of the employer.
The order can be made no later than one month from the date of the final
determination by the employer of the amount of damage caused by the employee.
If the monthly period has expired or the employee does not agree to voluntarily reimburse
damage caused to the employer, and the amount of damage caused to
collection from an employee exceeds his average monthly earnings, then collection
can only be carried out by a court.
If the employer fails to comply with the established procedure for recovery of damage
the employee has the right to appeal against the employer's actions in court.
An employee guilty of causing damage to an employer may voluntarily
reimburse it in whole or in part. By agreement of the parties to the employment contract
compensation for damage with payment by installments is allowed. In this case, the employee
submits to the employer a written commitment to compensate for damage from
specifying specific terms of payments. In case of dismissal of an employee who gave
a written commitment to voluntary compensation for damage, but refused
to compensate the specified damage, the outstanding debt is recovered in court
okay.
With the consent of the employer, the employee can transfer to him for compensation
damage caused to an equivalent property or fix damaged property.
Compensation for damage is made regardless of whether the employee is involved in
disciplinary, administrative or criminal liability for acts or
failure to act that caused damage to the employer.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 249 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 249. Reimbursement of expenses related to employee training
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 249 of the Labor Code of the Russian Federation
In case of dismissal without good reason before the expiration of the term,
stipulated by an employment contract or a training agreement at the expense of
employer, the employee is obliged to reimburse the costs incurred by the employer for his
training calculated in proportion to actually not worked after
completion of training time, unless otherwise provided by an employment contract or
learning agreement.

Page 180

Article 250. Reduction by the labor dispute settlement authority
damage to be recovered from the employee
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 250 of the Labor Code of the Russian Federation
The labor dispute resolution body may , taking into account the degree and form of fault,
the financial situation of the employee and other circumstances to reduce the amount of damage,
to be collected from the employee.
Reducing the amount of damage to be recovered from the employee is not
is made if the damage was caused by a crime committed for personal gain.
Part four

Section XII. Features of labor regulation of certain categories of workers

GUARANTEE:

In accordance with the Federal Law of July 27, 2004 N 79-FZ "On
state civil service of the Russian Federation "provisions of this
Of the Code apply to relations related to the civil service, to the extent not
regulated by the specified Federal Law

Chapter 40. General Provisions
Article 251. Features of labor regulation
GUARANTEE:

Cm. Encyclopedias and other comments on Article 251 of the Labor Code of the Russian Federation
Features of labor regulation - norms that partially restrict
application of general rules on the same issues or providing for individual
categories of workers additional rules.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 252 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 252. Grounds and procedure for establishing the specifics of regulation
labor
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 252 of the Labor Code of the Russian Federation
Features of labor regulation in connection with the nature and conditions of labor,
psychophysiological characteristics of the body, natural and climatic
conditions, family responsibilities, and other reasons
are established by labor laws and other regulatory legal
acts containing labor law norms, collective agreements,
agreements, local regulations. At the same time, the features of regulation

Page 181

labor, entailing a decrease in the level of guarantees for employees, restriction of their rights,
increasing their disciplinary and (or) material responsibility, may
established exclusively by this Code or in cases and in the manner
provided.
Chapter 41. Features of the regulation of the labor of women, persons with family
responsibilities
GUARANTEE:

See the diagram "Features of labor regulation of women, persons with family
responsibilities "
On the application of legislation regulating the work of women, persons with family
duties and minors, see the ruling of the Plenum of the Supreme Court
RF dated January 28, 2014 N 1
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 into Article 253 of this
The Code has been amended to come into force on January 1, 2014.
See the text of the article in the previous edition
Article 253. Jobs where the employment of women is restricted
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 253 of the Labor Code of the Russian Federation
The use of women's labor in jobs with harmful and (or)
hazardous working conditions, as well as in underground work, with the exception of
non-physical work or work on sanitary and domestic services.
It is prohibited to use the labor of women in work related to lifting and
manual movement of weights that exceed the maximum permissible norms for them.
Lists of industries, jobs and positions with harmful and (or) dangerous
working conditions under which the employment of women is limited, and the maximum
permissible norms of loads for women when lifting and moving weights manually
approved in the manner established by the Government of the Russian Federation with
taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social
labor relations.
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 254 of this Code
changes made
See the text of the article in the previous edition
Article 254. Transfer to another job of pregnant women and women with
children under the age of one and a half years
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 254 of the Labor Code of the Russian Federation
Pregnant women in accordance with the medical report and according to their
statement, production rates, service rates, or these women
transferred to another job, excluding the impact of adverse
production factors, while maintaining the average earnings from the previous job.
Until a pregnant woman is provided with other work that excludes

Page 182

the impact of unfavorable production factors, it is subject
release from work while maintaining the average earnings for all missed
as a result, working days are funded by the employer.
When passing a compulsory dispensary examination in medical
organizations, pregnant women retain their average local earnings
work.
Women with children under the age of one and a half years, in case of impossibility
the performance of the previous work is transferred, upon their application, to another job with payment
labor for the work performed, but not lower than the average earnings for the previous job up to
the child reaches the age of one and a half years.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 255 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 255. Maternity leave
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 255 of the Labor Code of the Russian Federation
Women at their request and on the basis of the issued in the prescribed manner
a certificate of incapacity for work is granted maternity leave
lasting 70 (in case of multiple pregnancies - 84) calendar days
before childbirth and 70 (in case of complicated childbirth - 86, with the birth of two or more children 110) calendar days after childbirth with the payment of benefits under the state
social insurance in the amount established by federal laws.
GUARANTEE:

According to the Law of the Russian Federation of May 15, 1991 N 1244-1, women permanently residing
(working) on ​the territory of the zone of residence with the right to resettlement is guaranteed
prenatal leave with a duration of 90 calendar days
recreational activities outside the territory of radioactive contamination
Maternity leave is calculated in total and provided
a woman completely regardless of the number of days actually used by her before
childbirth.
GUARANTEE:

For the procedure for granting postnatal leave in case of complicated childbirth, see.
Instruction of the Ministry of Health of the Russian Federation of April 23, 1997 N 01-97
Information about changes:

Federal Law No. 216-FZ of July 21, 2014 into Article 256 of this Code
amended effective January 1, 2015
See the text of the article in the previous edition
Article 256. Parental leave
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 256 of the Labor Code of the Russian Federation
At the request of a woman, she is granted parental leave until

Page 183

reaching the age of three years. The procedure and terms for the payment of benefits for
state social insurance during the period of the specified leave are determined
federal laws.
Parental leave can be used in whole or in parts
also by the child's father, grandmother, grandfather, other relative or guardian,
actually caring for the child.
At the request of a woman or persons specified in part two of this article, during
while on parental leave, they can work on conditions
part-time or at home while still eligible for
state social insurance.
For the period of parental leave, the employee retains his place of work
(position).
Parental leave is counted towards general and continuous work
work experience, as well as work experience in the specialty (except in cases of early
the appointment of an insurance pension for old age).
Article 257. Holidays for employees who have adopted a child
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 257 of the Labor Code of the Russian Federation
Employees who adopt a child are granted leave for the period from the day
adoption and before the expiration of 70 calendar days from the date of birth of the adopted
child, and with the simultaneous adoption of two or more children - 110 calendar days
from the day of their birth.
At the request of employees who have adopted a child (children), they are provided with
parental leave until the child (s) reaches the age of three.
In case of adoption of a child (children) by both spouses, the said leave
provided to one of the spouses at their discretion.
Women who have adopted a child, at their request, instead of the leave specified in
part one of this article, maternity leave is granted for
the period from the date of adoption of the child until the expiration of 70 calendar days, and when
simultaneous adoption of two or more children - 110 calendar days from the date of their
birth.
The procedure for granting the said leaves, ensuring the preservation of secrecy
adoption is established by the Government of the Russian Federation.
GUARANTEE:

See also the letter of the Social Insurance Fund of the Russian Federation of August 15, 2002 No.
02-18 / 05-5926

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 258 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 258. Breaks for feeding a child
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 258 of the Labor Code of the Russian Federation
Working women with children under the age of one and a half years,

Page 184

in addition to the break for rest and meals, additional breaks are provided
for feeding a child (children) at least every three hours
lasting at least 30 minutes each.
If a working woman has two or more children under the age of one and a half
years, the duration of the break for feeding is set at least one hour.
At the request of the woman, breaks for feeding the child (children)
join the rest and meal break or summed up
are postponed both at the beginning and at the end of the working day (work shift) from
the appropriate abbreviation for him (her).
Breaks for feeding the baby (s) are included in working hours and
payable in the amount of average earnings.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 259 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 259. Guarantees for pregnant women and persons with families
responsibilities when sending on business trips, attracting
overtime, night work, weekends and non-work
holidays
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 259 of the Labor Code of the Russian Federation
It is prohibited to send on business trips, attract
overtime work, night work, weekends and non-working holidays
pregnant women.
Sending on business trips, engaging in overtime work,
work at night, weekends and non-working holidays for women with
children under the age of three are allowed only with their written consent and with
provided that it is not prohibited by them in accordance with a medical report,
issued in the manner prescribed by federal laws and other regulatory
legal acts of the Russian Federation. Moreover, women with children in
under three years of age, must be familiarized in writing with their right
refuse to be sent on a business trip, engage in overtime
work, work at night, weekends and non-working holidays.
The guarantees provided for in part two of this article are provided
also for mothers and fathers raising children under the age of five without a spouse
years, workers with children with disabilities and workers caring for
sick members of their families in accordance with the medical report.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 260 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 260. Guarantees for women in connection with pregnancy and childbirth during
prioritizing the provision of annual paid
vacations

Page 185

GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 260 of the Labor Code of the Russian Federation
Before or immediately after maternity leave, or
at the end of parental leave, a woman, at her request, is provided with
annual paid leave, regardless of the length of service with a given employer.
Information about changes:

Federal Law No. 201-FZ of June 29, 2015 into Article 261 of this Code
changes made
See the text of the article in the previous edition
Article 261. Guarantees for a pregnant woman and persons with family responsibilities
upon termination of an employment contract
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 261 of the Labor Code of the Russian Federation
Termination of an employment contract on the initiative of the employer with a pregnant woman
a woman is not allowed, except in cases of liquidation of the organization or
termination of activities by an individual entrepreneur.
In case of expiration of a fixed-term employment contract during a woman's pregnancy
the employer is obliged, upon her written application and upon the provision of medical
certificate confirming the state of pregnancy, to extend the period of validity of the labor
contract before the end of pregnancy, and when provided to her in the established
the procedure for maternity leave - until the end of such leave. Female,
the term of the employment contract with which it was extended until the end of pregnancy,
is obliged, at the request of the employer, but not more often than once every three months, to provide
a medical certificate confirming the state of pregnancy. If at the same time
the woman actually continues to work after the end of pregnancy, then
the employer has the right to terminate the employment contract with her due to the expiration
period of its validity within a week from the day when the employer found out or should have
learn about the fact of the end of pregnancy.
It is allowed to dismiss a woman due to the expiration of the term of the employment contract
during her pregnancy, if the employment contract was concluded at the time of execution
duties of the absent employee and is impossible with written consent
women to transfer it before the end of pregnancy to another
employer work (as a vacant position or work corresponding to
qualifications of a woman and a vacant lower position or
lower-paid work) that a woman can do based on her condition
health. In this case, the employer is obliged to offer her all those who meet the specified
the requirements of the vacancies available to him in the area. Offer vacancies in
in other localities, the employer is obliged, if it is provided by the collective
contract, agreements, employment contract.
Termination of an employment contract with a woman with a child under the age of
three years old, with a single mother raising a disabled child under the age of
eighteen years of age or a minor child - a child under the age of fourteen, with
another person raising these children without a mother, with a parent (other
legal representative of the child), who is the sole breadwinner of the child a disabled person under the age of eighteen or the sole breadwinner of a child in
under three years of age in a family raising three or more young children, if
the other parent (other legal representative of the child) is not a member of labor
relationship, initiated by the employer is not allowed (with the exception of dismissal

Page 186

on the grounds provided for in paragraphs 1, 5 - 8 ,10 or 11 of the first part of Article 81 or
paragraph 2 of Article 336 of this Code).
Information about changes:

Article 262 amended from November 23, 2019 - Federal Law of November 12, 2019 N
372-FZ
See previous edition
Article 262. Additional days off for caregivers
disabled children
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 262 of the Labor Code of the Russian Federation
One of the parents (or guardians) for the care of disabled children of
his written application is provided with four additional paid
days off per month, which can be used by one of the specified persons or
divided by them among themselves at their discretion. Payment for each additional
day off is made in the amount of average earnings and in the order that
established by federal laws . The procedure for providing the specified
additional paid days off established by the Government
Russian Federation.
Part two became invalid on November 23, 2019 - Federal Law of November 12
2019 N 372-FZ
Information about changes:

See previous edition
Federal Law No. 242-FZ of July 13, 2015 supplemented this Code
article 262.1
Article 262.1. Priority of granting annual paid leave
persons raising disabled children
GUARANTEE:

See comments to article 262.1 of the Labor Code of the Russian Federation
One of the parents (guardian, trustee, foster parent),
raising a disabled child under the age of eighteen, annual
paid leave is provided at his request at a time convenient for him.
Information about changes:

Article 262.2 amended from March 20, 2021 - Federal Law of March 9, 2021 N 34FZ
See previous edition
Article 262.2 . Priority of granting annual paid leave
employees with three or more children
GUARANTEE:

Cm. comments on article 262.2 of the Labor Code of the Russian Federation
Employees with three or more children under the age of eighteen,
annual paid leave is provided at their request at a convenient for them
time until the youngest of children reaches the age of fourteen.
Information about changes:

Page 187

Federal Law of June 30, 2006 N 90-FZ into Article 263 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 263. Additional unpaid leave to persons,
caring for children
GUARANTEE:

Cm. Encyclopedias and other comments on article 263 of the Labor Code of the Russian Federation
An employee with two or more children under the age of fourteen,
an employee with a disabled child under the age of eighteen, single
a mother raising a child under the age of fourteen, a father,
raising a child under the age of fourteen without a mother, a collective
the contract may establish additional annual leave without preservation
wages at a convenient time for them up to 14 calendar
days. The said vacation, upon a written application of the employee, may be added
for annual paid leave or used separately in full or for
parts. The transfer of this leave to the next working year is not allowed.
Information about changes:

The Code was supplemented by Article 263.1 from November 23, 2019 - Federal Law of November 12
2019 N 372-FZ
Article 263.1. Additional guarantees for women working in rural areas
terrain
GUARANTEE:

Cm. comments on article 263.1 of the Labor Code of the Russian Federation
Women working in rural areas have the right to:
to provide, upon their written application, one additional
day off per month without pay;
for the establishment of a reduced duration of working hours no more than 36
hours per week, if a shorter working week is not provided
for them by federal laws, other regulatory legal acts of the Russian
Federation. In this case, wages are paid in the same amount as for
full work week;
on the establishment of wages in an increased amount at work, where, according to the conditions
labor the working day is divided into parts.
GUARANTEE:

The amount of the increase in wages established in accordance with paragraph four
article 263.1, cannot be reduced in comparison with the amount of the increase in payment
labor established on November 23, 2019.
Article 264. Guarantees and benefits for persons raising children without a mother
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 264 of the Labor Code of the Russian Federation
Guarantees and benefits provided to women in connection with motherhood
(restriction of night work and overtime work, involvement in work in
weekends and non-working holidays, sending on business trips,
the provision of additional holidays, the establishment of preferential labor regimes and

Page 188

other guarantees and benefits established by laws and other regulatory legal
acts) apply to fathers raising children without a mother, as well as to
guardians (curators) of minors.
Chapter 42. Features of labor regulation of workers under the age of
eighteen years old
GUARANTEE:

See the diagram "Features of the regulation of labor of workers under the age of eighteen
years"
For the application of the legislation governing the work of minors, see
Resolution of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 N 1
Information about changes:

Federal Law No. 58-FZ of April 5, 2013 into Article 265 of this Code
changes made
See the text of the article in the previous edition
Article 265. Work in which it is prohibited to use the labor of persons under the age of
eighteen years old
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 265 of the Labor Code of the Russian Federation
It is prohibited to use the labor of persons under the age of eighteen in work with
harmful and (or) hazardous working conditions, in underground work, as well as
work, the performance of which may harm their health and moral
development (gambling business, work in night cabarets and clubs, production, transportation and
trade in alcoholic beverages, tobacco products, drugs and other
toxic drugs, erotic materials).
It is prohibited to carry and move by workers under the age of
eighteen years of weights exceeding the maximum norms established for them.
The list of works where it is prohibited to use the labor of workers in
under the age of eighteen years, as well as the maximum norms of severity are approved in
the procedure established by the Government of the Russian Federation, taking into account the opinion
Russian Tripartite Commission for the Regulation of Social and Labor Relations.
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 266 of this Code
changes made
See the text of the article in the previous edition
Article 266. Medical examinations of persons under the age of eighteen years
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 266 of the Labor Code of the Russian Federation
Persons under the age of eighteen are hired only after
preliminary compulsory medical examination and further, until reaching
the age of eighteen, are annually subject to a mandatory medical examination.
Mandatory medical examinations provided for in this article
carried out at the expense of the employer.
Article 267. Annual basic paid leave for employees under the age of
eighteen years old

Page 189

GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 267 of the Labor Code of the Russian Federation
Annual basic paid leave for employees under the age of
eighteen years is provided for a duration of 31 calendar days in
convenient time for them.
Information about changes:

Federal Law No. 13-FZ of February 28, 2008 into Article 268 of this
The Code has been amended to come into force on March 30, 2008.
See the text of the article in the previous edition
Article 268. Prohibition of sending on business trips, bringing to
overtime work, night work, weekends and non-working hours
holidays for employees under the age of eighteen
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 268 of the Labor Code of the Russian Federation
It is prohibited to send on business trips, attract
overtime work, night work, weekends and non-working holidays
employees under the age of eighteen (excluding creative workers
mass media, organizations of cinematography, television and video filming
коллективов, театров, театральных и концертных организаций, цирков и иных лиц,
участвующих в создании и (или) исполнении (экспонировании) произведений, в
соответствии с перечнями работ, профессий, должностей этих работников,
утверждаемыми Правительством Российской Федерации с учетом мнения Российской
tripartite commission for the regulation of social and labor relations).
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 269 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 269. Additional guarantees to employees under the age of eighteen
years upon termination of an employment contract
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 269 of the Labor Code of the Russian Federation
Termination of an employment contract with employees under the age of eighteen years
at the initiative of the employer (except in the case of liquidation of the organization or
termination of activities by an individual entrepreneur) in addition to compliance
general procedure is allowed only with the consent of the relevant state
labor inspectorates and commissions for minors and the protection of their rights.
Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 270 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 270. Production rates for employees under the age of eighteen years

Page 190

GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 270 of the Labor Code of the Russian Federation
For employees under the age of eighteen, production rates
are established on the basis of general production rates in proportion to those established for
these workers have shorter working hours.
For workers under the age of eighteen who start working after
receiving general education or secondary vocational education, as well as
who have undergone professional training in production, in accordance with the labor
legislation and other regulatory legal acts containing norms
трудового права, коллективным договором, соглашениями, локальными нормативными
acts, an employment contract may establish reduced production rates.
Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 271 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 271. Remuneration for workers under the age of eighteen years
reduced duration of daily work
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 271 of the Labor Code of the Russian Federation
With time-based wages, the wages of employees under the age of
eighteen years is paid based on shortened length of service.
The employer can, at his own expense, make additional payments to them up to the level
remuneration of employees of the relevant categories for the full duration
daily work.
Labor of workers under the age of eighteen years, admitted to piecework
works, paid according to the established piece rates. The employer can
set them at their own expense a surcharge up to the tariff rate for the time
which reduces the duration of their daily work.
Remuneration for workers under the age of eighteen years old, studying in
organizations carrying out educational activities and working in
free time from study, is made in proportion to the time worked or
depending on the output. The employer can set these workers
additional payments to wages at their own expense.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 272 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 272. Features of employment of persons under the age of eighteen years
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 272 of the Labor Code of the Russian Federation
Features of employment of persons under the age of eighteen are determined
labor law , collective agreement, agreement.
Chapter 43. Features of labor regulation of the head of the organization and members

Page 191

collegial executive body of the organization
GUARANTEE:

See the diagram "Features of labor regulation of the head of the organization and members
collegial executive body of organizations "
On some issues that the courts have arisen in the application of legislation,
regulating the work of the head of the organization and members of the collegial
executive body of the organization, see the resolution of the Plenum of the Supreme Court of the Russian Federation
dated June 2, 2015 N 21
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 273 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 273. General Provisions
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 273 of the Labor Code of the Russian Federation
The head of an organization is an individual who, in accordance with
this Code, other federal laws and other regulatory
legal acts of the Russian Federation, laws and other regulatory legal
acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies
local government, constituent documents of a legal entity
(organization) and local regulations, manages this
organization, including performing the functions of its sole executive
organ.
The provisions of this chapter apply to the heads of organizations
regardless of their organizational and legal forms and forms of ownership, for
except when:
the head of the organization is the only participant (founder),
a member of the organization, the owner of its property;
the organization is managed under a contract with another organization
(managing organization) or an individual entrepreneur (manager).
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 274 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 274. Legal basis for regulating the work of the head of the organization
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 274 of the Labor Code of the Russian Federation
Rights and obligations of the head of the organization in the field of labor relations
are determined by this Code, other federal laws and other
regulatory legal acts of the Russian Federation, laws and other
regulatory legal acts of the constituent entities of the Russian Federation, regulatory

Page 192

legal acts of local self-government bodies, constituent documents
organizations, local regulations, employment contract.
GUARANTEE:

According to the Federal Law of December 26, 1995 N 208-FZ on the relationship between
joint-stock company and the sole executive body of the company
(director, general director) and (or) members of the collegial
the executive body of the company (board, directorate) the effect of legislation
RF on labor applies to the extent that does not contradict the provisions of the specified
Federal law
Information about changes:

Federal Law of December 29, 2012 N 280-FZ into Article 275 of this
The Code has been amended to come into force on January 1, 2013.
See the text of the article in the previous edition
Article 275. Conclusion of an employment contract with the head of the organization
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 275 of the Labor Code of the Russian Federation
In the case when in accordance with part two of Article 59 of this Code with
the head of the organization concludes a fixed-term employment contract, validity period
of this employment contract is determined by the constituent documents of the organization or
by agreement of the parties.
Labor legislation and other regulatory legal acts,
containing the norms of labor law, or the constituent documents of the organization
procedures may be established prior to the conclusion of an employment contract with
the head of the organization (holding a competition, election or appointment to
position and more).
Employment contract with the head of the state (municipal)
institution is concluded on the basis of a standard form of an employment contract approved by
Правительством Российской Федерации с учетом мнения Российской трехсторонней
commissions for the regulation of social and labor relations.
The person applying for the position of the head of the state
(municipal) institution (when applying for a job), and the head
state (municipal) institutions (annually) are required to submit
information about their income, property and property obligations, and
also about income, property and liabilities of a property nature of their
spouse and minor children. Submission of the specified information
carried out:
a person applying for the position of head of the federal state
institutions, the head of a federal state institution - in the order,
approved by the Government of the Russian Federation;
a person entering the position of the head of a state institution
subject of the Russian Federation, the head of a state institution
subject of the Russian Federation - in the manner approved by the regulatory legal
an act of a constituent entity of the Russian Federation;
a person applying for the position of the head of a municipal institution,
the head of the municipal institution - in the manner approved by the regulatory
a legal act of a local government body.

Page 193

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 276 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 276. Work of the head of the organization in combination
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 276 of the Labor Code of the Russian Federation
The head of the organization can work part-time for another
employer only with the permission of the authorized body of the legal entity or
the owner of the property of the organization, or a person authorized by the owner
(organ).
The head of the organization cannot be a member of the bodies carrying out
functions of supervision and control in the organization.
GUARANTEE:

On the restrictions on part-time jobs established by:
in a unitary enterprise - see Federal Law of November 14, 2002 N 161-FZ
in a credit institution - see. Federal Law of December 2, 1990 N 395-I
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 277 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 277. Material liability of the head of the organization
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 277 of the Labor Code of the Russian Federation
The head of the organization bears full financial responsibility for
direct actual damagecaused to the organization.
In cases stipulated by federal laws, the head of the organization
reimburses the organization for losses caused by his guilty actions. Wherein
the calculation of losses is carried out in accordance with the norms provided for
civil law.
Information about changes:

Federal Law No. 347-FZ of July 3, 2016 into Article 278 of this Code
changes made
See the text of the article in the previous edition
Article 278. Additional grounds for terminating an employment contract with
the head of the organization
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 278 of the Labor Code of the Russian Federation
In addition to the grounds provided for by this Code and other
federal laws, the employment contract with the head of the organization is terminated

Page 194

on the following grounds:
1) in connection with the removal from office of the head of the debtor organization in
compliance with the legislation on insolvency (bankruptcy);
2) in connection with the acceptance by the authorized body of a legal entity, or
by the owner of the property of the organization, or by the person authorized by the owner
(body) of the decision to terminate the employment contract. Termination decision
employment contract on the specified basis in relation to the head of the unitary
of the enterprise is accepted by the authorized owner of the unitary enterprise
body in the manner established by the Government of the Russian Federation;
3) expired.
Information about changes:

See text paragraph 3 of article 278
In addition to the grounds provided for by this Code, including the grounds,
provided for in part one of this article, and other federal laws,
grounds for termination of an employment contract with the head of the organization may
be:
1) failure to comply with the established in accordance with Article 145 of this
Of the Code of the Limiting Level of the Average Monthly Wage Ratio
deputy head and (or) chief accountant of the state
off-budget fund of the Russian Federation, territorial fund of compulsory
health insurance, state or municipal institution or
state or municipal unitary enterprise and average monthly
wages of employees of a given fund, institution or enterprise;
2) other grounds provided for by the employment contract.
Information about changes:

Federal Law No. 125-FZ of June 18, 2017 into Article 279 of this Code
changes made
See the text of the article in the previous edition
Article 279. Guarantees to the head of the organization in the event of termination of employment
contract
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 279 of the Labor Code of the Russian Federation
In case of termination of the employment contract with the head of the organization in
in accordance with paragraph 2 of part one of Article 278 of this Code in the absence
guilty actions (inaction) of the head, he is paid compensation in
the amount determined by the employment contract, but not less than three times the average
monthly earnings, except for the cases provided for by this Code.
Article 280. Early termination of an employment contract on the initiative
head of the organization
GUARANTEE:

Cm. Encyclopedias and other comments on article 280 of the Labor Code of the Russian Federation
The head of the organization has the right to terminate the employment contract ahead of schedule,
notifying the employer (the owner of the organization's property, his
representative) in writing not later than one month.
Article 281. Features of the regulation of labor of members of the collegial
executive body of the organization

Page 195

GUARANTEE:

Cm. encyclopedias, positions of higher courts and other comments on Article 281 of the Labor Code of the Russian Federation
On the constitutional and legal meaning of the provisions of the first part of Article 281 of this

Of the Code, see Resolution of the Constitutional Court of the Russian Federation of October 16, 2018 N 37-P
Federal laws, constituent documents of the organization for members
collegial executive body of the organization that entered into an employment contract,
the specifics of labor regulation established by this
chapter for the head of the organization.
Federal laws may establish other features
regulation of labor of heads of organizations and members of collegial
executive bodies of these organizations.
Chapter 44. Features of regulation of labor of persons working part-time
GUARANTEE:

Cm. scheme "Peculiarities of regulation of labor of persons working part-time"
Information about changes:

Federal Laws of December 28, 2013 N 421-FZ and of April 2, 2014 N 55-FZ
amendments have been made to article 282 of this Code, which enter into force on January 1
2014
See the text of the article in the previous edition
Article 282. General provisions on part-time work
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 282 of the Labor Code of the Russian Federation
Part -time job - the performance by an employee of another regular paid
work on the terms of an employment contract during free time from the main job.
The conclusion of employment contracts for part-time work is allowed with
an unlimited number of employers, unless otherwise provided by federal
законом.
Part-time work can be performed by the employee as in his place
main job and other employers.
The employment contract must indicate that the work is
part-time job.
Part-time work of persons under the age of eighteen is not allowed,
at work with harmful and (or) dangerous working conditions, if the main job
associated with the same conditions, as well as in other cases provided for by this
The Code and other federal laws.
Features of regulating part-time work for individuals
categories of workers (teachers, medical and pharmaceutical workers,
cultural workers) in addition to the features established by this Code and
other federal laws may be established in the orderdefined
The Government of the Russian Federation, taking into account the opinion of the Russian tripartite
commissions for the regulation of social and labor relations.
Information about changes:

Article 283 amended from January 1, 2020 - Federal Law of December 16, 2019 N
439-ФЗ

Page 196

See previous edition
Article 283. Documents presented when applying for a job on
part-time
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 283 of the Labor Code of the Russian Federation
A person applying for a part-time job with another employer is not
presents a work book if the employer at the main place of work
keeps a work book for this employee or if, in accordance with this
The code and other federal law did not issue a work book for an employee.
When applying for a part-time job requiring special knowledge,
the employer has the right to require the employee to present a document on
education and (or) qualifications or its duly certified copy, and if
hiring with harmful and (or) hazardous working conditions - a certificate of the nature and
working conditions at the main place of work.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 284 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 284. Duration of working hours when working on
part-time
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 284 of the Labor Code of the Russian Federation
The duration of working hours when working part-time should not
exceed four hours a day. On days when the employee at the main place of work
free from work duties, he can work on
part-time full-time work (shift). Within one month (another
accounting period) the duration of working hours when working on
part-time jobs should not exceed half of the monthly working time
(working time norms for another accounting period) established for
the corresponding category of workers.
Limitations on working hours when working on
part-time jobs established by part one of this article are not applied in
cases when at the main place of work the employee has suspended work in
in accordance with part two of Article 142 of this Code or suspended from work in
in accordance with part two or four of Article 73 of this Code.
Article 285. Remuneration for the work of persons working part-time
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 285 of the Labor Code of the Russian Federation
Remuneration for the work of persons working part-time is made
in proportion to the time worked, depending on the output or on other
conditions determined by the employment contract.
When establishing to persons working part-time with a time wage
wages, standardized tasks, labor remuneration is made according to the final
results for the amount of work actually performed.

Page 197

For persons working part-time in areas where district
coefficients and allowances to wages, wages are made taking into account
these coefficients and allowances.
Article 286. Leave when working part-time
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 286 of the Labor Code of the Russian Federation
Persons working part-time, annual paid leave
are provided simultaneously with the main work leave. If at work
part-time employee has not worked for six months, then leave is granted
in advance.
If at a part-time job the duration of the annual
the employee's paid leave is less than the duration of the leave for
the main place of work, then the employer, at the request of the employee, provides him
unpaid leave of appropriate duration.
Information about changes:

Federal Law No. 185-FZ of July 2, 2013 into Article 287 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 287. Guarantees and compensation to persons working part-time
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 287 of the Labor Code of the Russian Federation
Guarantees and compensations to persons combining work with education,
as well as to persons working in the Far North and equated to them
localities are provided to employees only at the main place of work.
Other guarantees and compensations provided by labor law and
иными нормативными правовыми актами, содержащими нормы трудового права,
collective agreements, agreements, local regulations,
are provided to persons working part-time in full.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 288 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 288. Additional grounds for terminating an employment contract with
persons working part-time
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 288 of the Labor Code of the Russian Federation
In addition to the grounds provided for by this Code and other
federal laws, an employment contract concluded for an indefinite period with
a person working part-time may be terminated in case of admission to
the work of an employee for whom this work will be the main one, about which
the employer warns the specified person in writing at least two
weeks before the termination of the employment contract.

Page 198

Chapter 45. Features of labor regulation of employees who have entered into labor
contract for up to two months
Article 289. Conclusion of an employment contract for up to two months
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 289 of the Labor Code of the Russian Federation
When hiring for a period of up to two months, workers are not tested
is installed.
Article 290. Engaging in work on weekends and non-working holidays
GUARANTEE:

Cm. Encyclopedias and other comments on Article 290 of the Labor Code of the Russian Federation
Employees who have entered into an employment contract for up to two months may be in
within this period are involved with their written consent to work on weekends and
non-working holidays.
Work on weekends and non-working holidays is compensated in cash
form not less than double the size.
Article 291. Paid holidays
GUARANTEE:

Cm. Encyclopedias and other comments on Article 291 of the Labor Code of the Russian Federation
Employees who have entered into an employment contract for up to two months,
paid holidays are provided or compensation is paid when
dismissal at the rate of two working days per month of work.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 292 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 292. Termination of an employment contract
GUARANTEE:

Cm. Encyclopedias and other comments on Article 292 of the Labor Code of the Russian Federation
An employee who has entered into an employment contract for up to two months is obliged to
notify the employer in writing three calendar days in advance of the early
termination of the employment contract.
The employer is obliged to notify the employee who has entered into an employment contract
for up to two months, on the upcoming dismissal in connection with liquidation
organization, reduction in the number or staff of employees in writing under
painting in at least three calendar days.
An employee who has entered into an employment contract for up to two months has a day off
dismissal benefit is not paid, unless otherwise established by federal
laws, collective agreements or employment contracts.
Chapter 46. Features of regulation of labor of workers employed in seasonal
works

Page 199

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 293 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 293. Seasonal work
GUARANTEE:

Cm. Encyclopedias and other comments on article 293 of the Labor Code of the Russian Federation
Seasonal work is recognized as work that, due to climatic and other natural
conditions are fulfilled during a certain period (season), not exceeding, as
usually six months.
Lists of seasonal work, including individual seasonal work, carrying out
which is possible for a period (season) exceeding six months, and
the maximum duration of the specified individual seasonal work is determined
sectoral (intersectoral) agreements concluded at the federal level
social partnership.
GUARANTEE:

See List of Seasonal Industries Employed in Whose Organizations
during the full season, when calculating the insurance period, is taken into account with such
calculating that its duration in the corresponding calendar year
was a full year, approved by the decree of the Government of the Russian Federation of July 4
2002 N 498
See List of seasonal jobs and seasonal industries, job on
enterprises and organizations of which, regardless of their departmental
accessories during the full season count towards the seniority for the appointment
pensions for a year of work, approved by the decree of the Council of Ministers of the RSFSR of July 4, 1991 N
381
See the List of seasonal jobs approved by the People's
Commissariat of Labor of the USSR of October 11, 1932 N 185
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 294 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 294. Features of the conclusion of an employment contract on the implementation of seasonal
works
GUARANTEE:

Cm. Encyclopedias and other comments on Article 294 of the Labor Code of the Russian Federation
The condition of the seasonal nature of the work must be specified in the employment contract.
Part two is no longer valid .
Information about changes:

See text part two of article 294
Federal Law of June 30, 2006 N 90-FZ into Article 295 of this Code

Page 200

changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 295. Paid vacations for employees engaged in seasonal work
GUARANTEE:

Cm. Encyclopedias and other comments on article 295 of the Labor Code of the Russian Federation
Seasonal workers are provided with paid
leave at the rate of two working days for each month of work.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 296 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 296. Termination of an employment contract with employees employed in
seasonal work
GUARANTEE:

Cm. Encyclopedias and other comments on article 296 of the Labor Code of the Russian Federation
An employee engaged in seasonal work is obliged in writing
warn the employer about the early termination of the employment contract in three
calendar days.
The employer is obliged to warn the seasonal worker about
the upcoming dismissal in connection with the liquidation of the organization, reduction in the number of
or the staff of the organization in writing against signature for at least
seven calendar days.
Upon termination of an employment contract with an employee employed in seasonal
work in connection with the liquidation of the organization, reduction of the number or staff
employees of the organization, severance pay is paid in the amount of two weeks
average earnings.
Chapter 47. Features of labor regulation of persons working on a rotational basis
GUARANTEE:

See Temporary rules for work on a rotational basis, approved by the decree
Government of the Russian Federation of April 28, 2020 N 601
See also the Basic provisions on the rotational method of organizing work, approved by
by the decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Ministry of Health of the USSR dated 31
December 1987 N 794 / 33-82
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 297 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition

Page 201

Article 297. General provisions on work on a rotational basis
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 297 of the Labor Code of the Russian Federation
The rotational method is a special form of implementation of the labor process outside the place
permanent residence of employees when their daily
return to the place of permanent residence.
The rotational method is used at a considerable distance from the place of work from the place
permanent residence of employees or the location of the employer for the purpose
shortening the time for construction, repair or reconstruction of facilities
industrial, social and other purposes in uninhabited, remote areas
or areas with special natural conditions, as well as for the purpose of implementing other
production activities.
Workers involved in work on a rotational basis during the period of being on
the object of production of work live in specially created by the employer
shift camps, which are a complex of buildings and structures,
intended to ensure the life of these workers during
performance of work and inter-shift rest, or in adapted for these
purposes and paid for by the employer hostels, other residential premises.
The procedure for applying the rotational method is approved by the employer, taking into account
the opinions of the elected body of the primary trade union organization in order,
established by Article 372 of this Code for the adoption of local regulatory
acts.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 298 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 298. Restrictions on work on a rotational basis
GUARANTEE:

Cm. Encyclopedias and other comments on Article 298 of the Labor Code of the Russian Federation
For work performed on a rotational basis, workers in
under the age of eighteen, pregnant women and women with children in
under three years of age, as well as persons who have contraindications to work
on a rotational basis in accordance with a medical certificate issued in accordance with the procedure
established by federal laws and other regulatory legal acts
Russian Federation.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 299 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 299. Duration of a watch
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 299 of the Labor Code of the Russian Federation

Page 202

A shift is considered to be the total period, including the time of performance of work on
object and time between shifts.
The duration of the shift should not exceed one month. IN
in exceptional cases at individual facilities, the duration of the shift may be
increased by the employer to three months, taking into account the opinion of the elected body of the primary
trade union organization in the manner prescribed by Article 372 of this Code
for the adoption of local regulations.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 300 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 300. Accounting for working hours when working on a rotational basis
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 300 of the Labor Code of the Russian Federation
With the rotational method of work, the summarized accounting of the worker is established
time for a month, quarter or other longer period, but not more than one
year.
The accounting period covers all working hours, travel time from the place
the location of the employer or from the collection point to the place of work and back,
as well as the rest time for a given calendar period of time.
The employer is obliged to keep a record of the working hours and rest time of each
an employee working on a rotational basis, by months and for the entire accounting period.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 301 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 301. Regimes of work and rest when working on a rotational basis
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 301 of the Labor Code of the Russian Federation
Working hours and rest time within the accounting period are regulated by
shift work schedule, which is approved by the employer, taking into account the opinion
the elected body of the primary trade union organization in the manner prescribed
Article 372 of this Code for the adoption of local regulations, and
is brought to the attention of employees no later than two months before its introduction into
act.
The specified schedule provides for the time required for delivery
workers on watch and back. Days on the way to and from work
working hours are not included and may fall on days of inter-shift rest.
Every day of rest due to the processing of working hours within
work schedule on shift (day of inter-shift rest) is paid in the amount of
daily wage rate, daily rate (part of the salary (official salary) per day
work), if a higher pay is not established by a collective agreement,

Page 203

local regulation or employment contract.
Overtime working hours within the shift work schedule, not
multiples of a whole working day may accumulate over the course of a calendar year and
summed up to whole working days with the subsequent provision
additional days of inter-shift rest.
Information about changes:

Federal Law No. 55-FZ of April 2, 2014 to Article 302 of this Code
changes made
See the text of the article in the previous edition
Article 302. Guarantees and compensations to persons working on a rotational basis
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 302 of the Labor Code of the Russian Federation
Persons performing work on a rotational basis, for each calendar day
stay in places of work during the shift period, as well as for actual days
being on the way from the location of the employer (collection point) to the place
the performance of work and back is paid in return for the daily allowance for the rotational
method of work.
The amount and procedure for payment of the allowance for the rotational method of work in federal
state bodies, federal state institutions are established
regulatory legal acts of the Government of the Russian Federation.
The amount and procedure for payment of the allowance for the rotational method of work in
state bodies of the constituent entities of the Russian Federation, state
institutions of the constituent entities of the Russian Federation, local government bodies,
municipal institutions are established according to the normative
legal acts of state authorities of the constituent entities of the Russian Federation,
regulatory legal acts of local government bodies.
The amount and procedure for payment of the allowance for the rotational work method for others
employers are established by a collective agreement, local regulatory
an act adopted taking into account the opinion of the elected body of the primary trade union
organization, labor contract.
To workers leaving for work on a rotational basis in the districts
Far North and equivalent areas from other regions:
the district coefficient is set and percentage allowances are paid
to wages in the order and amounts that are provided for persons constantly
working in the regions of the Far North and equivalent areas;
an additional annual paid leave is granted in accordance with the procedure and
on the conditions that are provided for persons who work on a permanent basis:
in the regions of the Far North - 24 calendar days;
in areas equated to the regions of the Far North - 16 calendar days.
Work experience, which gives the right to workers leaving for work
on a rotational basis to the regions of the Far North and equivalent areas from
other areas, for the corresponding guarantees and compensations, calendar
shift days in the Far North and equivalent areas and actual
the days of being on the road, provided for by the work schedules on the watch. Warranties and
compensation to workers leaving for work on a rotational basis in
regions of the Far North and equivalent areas from the same or other regions
Of the Far North and equivalent areas are established in accordance with
Chapter 50 of this Code.

Page 204

Employees leaving for work on a rotational basis in the areas on
territories where regional coefficients are applied to wages, these
coefficients are calculated in accordance with labor legislation and other
regulatory legal acts containing labor law norms.
For each day on the way from the employer's location (point
collection) to the place of work and back, provided for by the work schedule at
watch, as well as for days of delays on the way due to meteorological conditions or fault
transport organizations, the employee is paid the daily wage rate, part
salary (official salary) per day of work (daily rate).
Chapter 48. Features of the regulation of labor of workers working at
employers - individuals

Information about changes:

Article 303 amended from April 1, 2019 - Federal Law of April 1, 2019 N 48FZ
See previous edition
Article 303. Conclusion of an employment contract with an employer who is an individual
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 303 of the Labor Code of the Russian Federation
When concluding an employment contract with an employer - an individual
the employee undertakes to fulfill not prohibited by this Code or other
federal law work defined by this agreement.
A written employment contract necessarily includes all the conditions
essential for the employee and for the employer.
An employer who is a natural person is obliged to:
to draw up an employment contract with an employee in writing;
pay insurance premiums and other mandatory payments in the manner and
the sizes that are determined by federal laws;
submit to the appropriate territorial body of the Pension Fund
Russian Federation information required for registration in the system
individual (personified) registration of persons entering work for the first time,
on which an individual personal account has not been opened.
Employer - an individual who is not an individual
an entrepreneur is also obliged to register
employment contract with an employee in the local government at the place of his
residence (in accordance with registration).
GUARANTEE:

See the Instruction on the procedure for maintaining individual (personified) accounting
information about registered persons, approved by order of the Ministry of Labor of Russia from
April 22, 2020 N 211н
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 304 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition

Page 205

Article 304. Term of an employment contract
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 304 of the Labor Code of the Russian Federation
By agreement of the parties, an employment contract between an employee and an employer an individual who is not an individual entrepreneur may
to be concluded both for an indefinite and for a certain period.
Article 305. Modes of work and rest
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 305 of the Labor Code of the Russian Federation
Working hours, the procedure for granting days off and annual
paid vacations are determined by agreement between the employee and
employer - an individual. At the same time, the duration of the working week is not
may be longer and the duration of the annual paid leave is less,
than those established by this Code.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 306 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 306. Changing the terms of the employment contract determined by the parties
employer
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 306 of the Labor Code of the Russian Federation
Employer on changing the terms and conditions of the employment contract determined by the parties
- an individual warns the employee in writing at least 14
calendar days. In this case, the employer is an individual who is
an individual entrepreneur, has the right to change certain parties
the terms of the employment contract only if these conditions cannot be maintained
for reasons related to changes in organizational or technological conditions
labor (part one of Article 74 of this Code).
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 307 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 307. Termination of an employment contract
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 307 of the Labor Code of the Russian Federation
In addition to the grounds provided for by this Code, employment contract with
an employee working for an employer - an individual may be terminated by
groundsstipulated by the employment contract.

Page 206

Terms of notice of dismissal, as well as cases and amounts paid
upon termination of the employment contract, severance pay and other compensatory
payments are determined by the employment contract.
Employer - an individual who is not an individual
an entrepreneur, upon termination of an employment contract with an employee is obliged to
through a notification procedure, register the fact of termination of the said agreement in
the local government in which this labor
contract.
In the event of the death of an employer who is an individual who is not
an individual entrepreneur, or lack of information about his place of stay in
within two months, in other cases that do not allow the continuation of labor relations
and excluding the possibility of registering the fact of termination of the employment contract in
in accordance with part three of this article, the employee has the right within
one month to apply to the local government body in which
an employment contract was registered to register the fact of termination of this
трудового договора.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 308 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 308. Resolution of individual labor disputes
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 308 of the Labor Code of the Russian Federation
Individual labor disputes not settled by the employee and
employer - an individual who is not an individual
an entrepreneur, independently, are considered in court .

Information about changes:

Article 309 amended from January 1, 2020 - Federal Law of December 16, 2019 N
439-ФЗ
See previous edition
Article 309. Documents confirming the period of work with employers individuals
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 309 of the Labor Code of the Russian Federation
Employer - an individual who is an individual
an entrepreneur, is obliged to keep work books for each employee in the order,
established by this Code and other regulatory legal acts
Russian Federation (except in cases where, in accordance with this
The Code, another federal law does not maintain a work book for an employee).
Employer - an individual who is not an individual
an entrepreneur, does not have the right to make entries in the work books of employees
and issue work books for employees hired for the first time.
The document confirming the period of work for such an employer is
a written employment contract.

Page 207

Information about changes:

Chapter 48.1 amended from January 1, 2021 - Federal Law of December 29, 2020 N
477-ФЗ
See previous edition
Chapter 48.1. Features of labor regulation of persons working for employers small businesses that are classified as microenterprises,
and for employers - non-profit organizations
GUARANTEE:

On the application by courts of legislation regulating the work of employees,
employed by employers - individuals and employers - subjects of small
businesses that are classified as micro-enterprises, see Regulation
Plenum of the Supreme Court of the Russian Federation of May 29, 2018 N 15
Article 309.1. General Provisions
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and otherscomments on article 309.1 of the Labor Code of the Russian Federation
For employers - small businesses (including
employers - individual entrepreneurs), which, in accordance with
federal law referred to micro-enterprises (hereinafter referred to as employers - subjects
small businesses that are classified as microenterprises), and
employers - non-profit organizations regulation of labor relations and
other relations directly related to them are carried out taking into account
features established by this chapter.
For the purposes of this chapter, under employers - non-profit
organizations are understood as non-profit organizations (with the exception of
state and municipal institutions, state corporations, public
legal companies, state companies, public associations,
political parties, consumer cooperatives, religious
organizations), the average number of employees and the amount of income of which for
the preceding calendar year do not exceed the relevant limit
values ​that are established by the Government of the Russian Federation for the purpose of
distribution to such non-profit organizations established by this
the head of the features of the regulation of labor relations and other directly
related relationships.
If the employer has ceased to be a subject of small
entrepreneurship, which is attributed to micro-enterprises, and in the information about it in
unified register of small and medium-sized businesses entered
corresponding changes, no later than four months from the date of introduction
relevant changes to the unified register of small and medium
entrepreneurship regulation of labor relations and other directly
related relations with this employer must be carried out in
соответствии с трудовым законодательством и иными нормативными правовыми актами,
containing the norms of labor law, without taking into account the specifics established
this chapter.
In the event that the employer - a non-profit organization has ceased
meet the requirements established by part two of this article, not
later than four months from the date of posting information about the relevant
changes in the information and telecommunication network "Internet" in accordance with

Page 208

the legislation of the Russian Federation on taxes and fees (in the form of open
data on the official website of the federal executive body,
Commissioner for control and supervision in the field of taxes and fees) regulation
labor relations and other relations directly related to them in this
employer - non-profit organization must be carried out in accordance with
labor legislation and other regulatory legal acts containing
labor law norms, without taking into account the specifics established by this chapter.
Article 309.2. Regulation of labor relations and others directly
related relations with the employer - the subject of small
entrepreneurship, which is classified as microenterprise, and
employer - non-profit organization by local regulatory
acts containing labor law norms and employment contracts
GUARANTEE:

Cm. Энциклопедии и другие comments on article 309.2 of the Labor Code of the Russian Federation
An employer is a small business entity that is classified as
micro-enterprises, and an employer - a non-profit organization has the right to refuse
in whole or in part from the adoption of local regulations containing norms
labor law (internal labor regulations, provisions on remuneration,
provisions on bonuses, shift schedule and other acts), with the exception of
local regulations on the temporary transfer of employees to remote
work accepted by the employer in accordance with Article 312.9 of this
Of the Code. At the same time, for the regulation of labor relations and other directly
related relations employer - small business entity,
which is classified as a micro-enterprise and the employer is a non-profit organization
must include in the employment contracts with employees the conditions governing the issues,
which, in accordance with labor laws and other regulatory
legal acts containing labor law norms should be regulated
local regulations. These employment contracts are concluded for
the basis of a standard form of an employment contract approved by the Government of the Russian
Federation, taking into account the opinion of the Russian Tripartite Regulatory Commission
social and labor relations.
Chapter 49. Features of regulation of work of homeworkers

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 310 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 310. Homeworkers
GUARANTEE:

See Encyclopedias and other comments on Article 310 of the Labor Code of the Russian Federation
Homeworkers are persons who have entered into an employment contract for the implementation of
work at home from materials and using tools and mechanisms,
allocated by the employer or acquired by the homeworker at his own expense. Homeworker
can perform work stipulated by an employment contract with the participation of members of its

Page 209

families. In this case, the labor relationship between family members of the homeworker and the employer
do not arise.
If the homeworker uses his tools and mechanisms, he
compensation is paid for their wear and tear. Payment of such compensation, and
reimbursement of other expenses related to the performance of work at home are made
employer in the manner determined by the employment contract.
The procedure and terms for providing homeworkers with raw materials, materials and
semi-finished products, payments for manufactured products, cost reimbursement
materials belonging to homeworkers, the procedure and terms for the export of finished products
are determined by the employment contract.
Homeworkers are subject to labor laws and other
acts containing labor law norms, with the specifics established
настоящим Кодексом.
Article 311. Conditions under which home work is allowed
GUARANTEE:

See comments on article 311 of the Labor Code of the Russian Federation
The work entrusted to homeworkers cannot be contraindicated for them on
health conditions and must be performed in conditions that meet the requirements
labor protection.
Article 312. Termination of an employment contract with homeworkers
GUARANTEE:

Cm. Encyclopedias and other comments on article 312 of the Labor Code of the Russian Federation
Termination of an employment contract with homeworkers is made on the grounds
stipulated by the employment contract.
Information about changes:

Federal Law No. 60-FZ of April 5, 2013 supplemented this Code with the chapter
49.1
Chapter 49.1. Features of labor regulation of teleworkers

Information about changes:

Article 312.1 amended from January 1, 2021 - Federal Law of December 8, 2020 No.
407-FZ
See previous edition
Article 312.1. General Provisions
GUARANTEE:

See Encyclopedias and other comments on article 312.1 of the Labor Code of the Russian Federation
Remote (remote) work (hereinafter referred to as remote work, performance
work function remotely) is the performance of a certain labor
a contract of labor function outside the location of the employer, its branch,
representative office, other separate structural unit (including
located in another area), outside a stationary workplace, territory or
object directly or indirectly under the control of the employer, provided
use for the performance of this labor function and for the implementation
interaction between the employer and the employee on issues related to her
implementation, information and telecommunication networks, including networks

Page 210

"Internet", and public communication networks.
An employment contract or a supplementary agreement to an employment contract
it may be provided for the employee to perform the labor function remotely at
on a permanent basis (during the term of the employment contract) or temporarily
(continuously during the period specified by the employment contract or additional
agreement to an employment contract for a period not exceeding six months, or
periodically, subject to the alternation of the periods of the employee's work
functions remotely and periods of performance of his labor function on a stationary
workplace).
For the purposes of this chapter, a teleworker means
an employee who has entered into an employment contract or an additional agreement to an employment
the contract specified in part two of this article, as well as an employee performing
labor function remotely in accordance with local regulations,
accepted by the employer in accordance with Article 312.9 of this Code (hereinafter
(See also the employee in this chapter).
For remote workers during the period of their labor function
the labor legislation and other acts apply remotely,
containing the norms of labor law, taking into account the specifics established by this
head.
Information about changes:

Article 312.2 amended from January 1, 2021 - Federal Law of December 8, 2020 N
407-FZ
See previous edition
Article 312.2. Features of the conclusion of an employment contract and additional
agreements to an employment contract providing for the implementation
employee of the labor function remotely
GUARANTEE:

See Encyclopedias and other comments on article 312.2 of the Labor Code of the Russian Federation
Employment contract and supplementary agreement to the employment contract,
providing for the performance of the employee's labor function remotely, may
be concluded through an exchange between the employee (person entering the job) and
employer of electronic documents in the manner prescribed by part of the first st
Article 312.3 of this Code.
At the written request of a remote worker, the employer no later than
three working days from the date of receipt of such an application is obliged to send
for a remote worker a duly executed copy of the labor
contract or supplementary agreement to the employment contract in hard copy.
When concluding an employment contract by exchanging electronic documents
the documents provided for in Article 65 of this Code may be presented
to the employer by a person applying for remote work, in the form of electronic
documents, unless otherwise provided by the legislation of the Russian Federation. By
at the request of the employer, this person is obliged to provide him with a notary
certified copies of these documents on paper.
When concluding an employment contract by exchanging electronic documents
by a person who concludes an employment contract for the first time, this person receives a document ,
confirming registration in the system of individual (personified)
accounting, including in the form of an electronic document, independently.
Familiarization of the person applying for remote work with the documents,

Page 211

provided for in part three of Article 68 of this Code, may
carried out through the exchange of electronic documents.
At the request of a remote worker, information about his labor activity
are entered by the employer in the work book of a remote worker, provided it
providing them, including by sending them by registered mail with
notification (except in cases where, in accordance with this Code,
another federal law does not maintain a work book for an employee).
Information about changes:

Article 312.3 amended from January 1, 2021 - Federal Law of December 8, 2020 N
407-FZ
See previous edition
Article 312.3. Features of the procedure for interaction of a remote worker and
employer
GUARANTEE:

See Encyclopedias and other comments on article 312.3 of the Labor Code of the Russian Federation
When concluding in electronic form employment contracts, additional
agreements to labor contracts, agreements on material liability,
apprenticeship contracts for on-the-job or on-the-job education,
as well as when amending these agreements (additional agreements to
employment contracts) and their termination through the exchange of electronic documents
the employer's enhanced qualified electronic signature is used and
enhanced qualified electronic signature or enhanced
unqualified electronic signature of the employee in accordance with
the legislation of the Russian Federation on electronic signature.
In other cases, the interaction of a teleworker and an employer may
carried out through the exchange of electronic documents using other
types of electronic signature or in another form provided for by the collective
an agreement, a local normative act, adopted taking into account the opinion of an elected
body of the primary trade union organization, labor contract, additional
agreement to the employment contract and allowing to ensure the fixation of the fact
receipt by the employee and (or) the employer of documents in electronic form.
When implementing the interaction of a remote worker and an employer
through the exchange of electronic documents, each of the interacting
of the parties is obliged to send in the form of an electronic document confirmation of receipt
electronic document from the other party within a time limit determined by the collective
an agreement, a local normative act, adopted taking into account the opinion of an elected
body of the primary trade union organization, labor contract, additional
agreement to the employment contract.
When implementing the interaction of a remote worker and an employer in
in another form ( part two of this article) confirmation of remote actions
employee and employer related to providing each other with information,
carried out in the manner determined by the collective agreement, local
a normative act adopted taking into account the opinion of the elected body of the primary
trade union organization, labor contract, supplementary agreement to
labor contract.
Directly related to the work activity of the remote
employee by local regulations, orders (orders)
employer, notifications, requirements and other documents in relation to

Page 212

which the labor legislation of the Russian Federation provides for their
paperwork and (or) familiarization of the employee with them in
in writing, including against signature, the remote worker must be
familiarized in writing, including signature, or by exchange
electronic documents between the employer and the teleworker, or in
in another form provided for by the collective agreement, local regulatory
an act adopted taking into account the opinion of the elected body of the primary trade union
organization, employment contract, supplementary agreement to the employment contract.
In cases where, in accordance with this Code, the employee has the right or
must apply to the employer with a statement, provide the employer
explanations or other information, the teleworker does this in the form
electronic document or in another form provided for by the collective agreement,
local normative act, adopted taking into account the opinion of the elected body
primary trade union organization, labor contract, additional
agreement to the employment contract.
When a remote worker submits an application for the issuance of certified
duly copies of documents related to the work ( Article 62 of this
Of the Code), the employer no later than three working days from the date of submission of the specified
statements must be sent to the remote worker these copies on paper
carrier (by registered mail with notification) or in the form of an electronic
document, if it is indicated in the employee's application (in the order of interaction,
envisaged part nine of this article).
To provide compulsory insurance coverage for compulsory
social insurance in case of temporary disability and in connection with
maternity, the teleworker sends the originals to the employer
documents stipulated by federal laws and other regulatory
legal acts of the Russian Federation, by registered mail with notification
or provides the employer with information about the series and number of the leaflet
incapacity for work, formed by a medical organization in the form
electronic document, if the specified medical organization and
the employer are participants in the information interaction system for
exchange of information in order to form a certificate of incapacity for work in the form
electronic document.
The procedure for interaction between the employer and the employee, including in connection with
performing work functions remotely, transferring work results and reports
on the work performed at the request of the employer, is established by the collective
an agreement, a local normative act, adopted taking into account the opinion of an elected
body of the primary trade union organization, labor contract, additional
agreement to the employment contract.
Information about changes:

Article 312.4 amended from January 1, 2021 - Federal Law of December 8, 2020 N
407-FZ
See previous edition
Article 312.4. Features of the working time and rest time
remote worker
GUARANTEE:

See Encyclopedias and other comments on article 312.4 of the Labor Code of the Russian Federation
Collective agreement, local normative act, adopted taking into account

Page 213

opinions of the elected body of the primary trade union organization, labor contract,
an additional agreement to the employment contract may determine the regime
working time of a remote worker, and in case of temporary remote work
the duration and (or) frequency of execution can also be determined
employee of the labor function remotely.
Unless otherwise provided by a collective agreement, local regulatory
an act adopted taking into account the opinion of the elected body of the primary trade union
organization, employment contract, supplementary agreement to the employment contract,
the working hours of a teleworker are established by such an employee
at your own discretion.
Collective agreement, local normative act, adopted taking into account
opinions of the elected body of the primary trade union organization, labor contract,
an additional agreement to the employment contract may determine the conditions and
the procedure for calling an employer a remote worker performing
remote work temporarily, to perform his labor function at
stationary workplace or the exit to work of such an employee on his own
initiative (except for the cases provided for in Article 312.9 of this
Code) to perform his labor function at a stationary workplace.
The procedure for providing a remote worker performing
remote work on an ongoing basis in accordance with an employment contract or
additional agreement to the employment contract, annual paid leave
and other types of vacations are determined by the collective agreement, local regulatory
an act adopted taking into account the opinion of the elected body of the primary trade union
organization, an employment contract in accordance with this Code and other
acts containing labor law norms.
Provision of annual paid leave and other types of leave
a remote worker performing remote work temporarily,
carried out in the manner prescribed Chapter 19 of this Code.
The time of interaction of the remote worker with the employer is included in
working time.
Information about changes:

Article 312.5 amended from January 1, 2021 - Federal Law of December 8, 2020 N
407-FZ
See previous edition
Article 312.5. Additional guarantees for remote pay
employee
GUARANTEE:

Cm. Encyclopedias and other comments on article 312.5 of the Labor Code of the Russian Federation
The performance of a labor function by an employee remotely cannot be
reason for reducing his wages.
Information about changes:

The Code was supplemented by Article 312.6 from January 1, 2021 - Federal Law of December 8
2020 N 407-FZ
Article 312.6. Features of the organization of work of teleworkers
GUARANTEE:

Cm. Encyclopedias to Article 312.6 of the Labor Code of the Russian Federation
The employer provides the teleworker with the necessary

Page 214

performance of his labor function by equipment, software and hardware
means, means of information protection and other means.
A remote worker has the right, with the consent or knowledge of the employer and in his
in the interests of using for the performance of the labor function belonging to the employee
or leased equipment, software and hardware, means
information protection and other means. In this case, the employer pays
remote worker compensation for the use of his or
leased equipment, software and hardware, security equipment
information and other means, and also reimburses the costs associated with their
use, in the manner, time and size, which are determined by the collective
an agreement, a local normative act, adopted taking into account the opinion of an elected body
primary trade union organization, labor contract, additional
agreement to the employment contract.
If the employer sends a remote worker to perform
service assignment to another locality (to another territory) other than
locality (territory) of performance of a labor function, on a remote worker
the validity of Articles 166 - 168 of this Code applies .
Information about changes:

The Code was supplemented by Article 312.7 from January 1, 2021 - Federal Law of December 8
2020 N 407-FZ
Article 312.7. Features of labor protection for teleworkers
In order to ensure safe working conditions and labor protection, remote
employees during the period of their labor function remotely employer
fulfills the duties provided for in paragraphs seventeen, twentieth and
twenty-one of the second part of Article 212 of this Code, and also carries out
familiarization of remote workers with labor protection requirements when working with
equipment and facilities recommended or provided
employer. Other responsibilities of the employer to ensure a safe environment
labor and labor protection established by this Code, other federal
laws and other regulatory legal acts of the Russian Federation, laws and
other regulatory legal acts of the constituent entities of the Russian Federation, on
remote workers during the period of their labor function remotely
do not apply, unless otherwise provided by the collective agreement, local
a normative act adopted taking into account the opinion of the elected body of the primary
trade union organization, labor contract, supplementary agreement to
labor contract.
Information about changes:

The Code was supplemented by Article 312.8 from January 1, 2021 - Federal Law of December 8
2020 N 407-FZ
Article 312.8. Additional grounds for terminating an employment contract with
remote worker
GUARANTEE:

Cm. Encyclopedias to Article 312.8 of the Labor Code of the Russian Federation
In addition to other grounds provided for by this Code, labor
the contract with a teleworker can be terminated on the initiative
employer in the event that during the period of performance of the labor function remotely
the employee does not interact with the employer without a good reason on issues,

Page 215

associated with the performance of the labor function, more than two working days in a row from the day
receipt of an appropriate request from the employer (unless
a longer period for interaction with the employer is not established by the procedure
interaction between the employer and the employee, provided for in part nine of article and
312.3 of this Code).
An employment contract with an employee doing teleworking at
on a permanent basis, may be terminated if the worker changes the area
performance of the labor function, if this entails the impossibility of the employee to perform
obligations under the employment contract on the same terms.
In the event that familiarization of the remote worker with the order
(order) of the employer to terminate the employment contract,
providing for the performance of this employee's labor function remotely at
permanently or temporarily, carried out in the form of an electronic document,
the employer is obliged within three working days from the date of the publication of the specified order
(orders) to send to the remote worker by registered mail with
by notification, a duly executed copy of the said order
(orders) on paper.
Information about changes:

The Code was supplemented by Article 312.9 from January 1, 2021 - Federal Law of December 8
2020 N 407-FZ
Article 312.9. The procedure for the temporary transfer of an employee to remote work
at the initiative of the employer in exceptional cases
В случае катастрофы природного или техногенного характера, производственной
accident, industrial accident, fire, flood, earthquake,
epidemics or epizootics and in any exceptional cases that endanger life
or normal living conditions of the entire population or part of it, the employee may
be temporarily transferred at the initiative of the employer to remote work at
the period of existence of the specified circumstances (cases). Temporary transfer of an employee to
remote work at the initiative of the employer can also be carried out in
if an appropriate decision is made by a public authority and (or)
local government body.
The employee's consent for such a transfer is not required. At the same time, the employer
provides an employee temporarily transferred to remote work for
the initiative of the employer necessary for this employee to perform labor
functions remotely by equipment, software and hardware,
by means of information protection and other means, or pays
remote worker compensation for the use of his or
leased equipment, software and hardware, security equipment
information and other means, reimburses the costs associated with their use, and
also reimburses the teleworker for other costs associated with performing
labor function remotely. If necessary, the employer provides training
employee using equipment, software and hardware, protective equipment
information and other means recommended or provided by the employer.
The employer, taking into account the opinion of the elected body of the primary trade union
the organization adopts a local regulatory act on the temporary transfer of employees
for remote work, containing:
indication of a circumstance (case) from among those indicated in part one
of this article, which served as the basis for the employer's decision on
temporary transfer of employees to teleworking;

Page 216

a list of employees temporarily transferred to remote work;
the period for which employees are temporarily transferred to teleworking (but
no more than for the period of existence of a circumstance (case) that served as the basis for
the employer makes a decision to temporarily transfer employees to a remote
work);
the procedure for providing employees temporarily transferred to remote
work, at the expense of the employer necessary for the performance of their labor
functions remotely by equipment, software and hardware,
means of information protection and other means, the procedure for payment by remote
workers compensation for the use of their own or leased
equipment, software and hardware, information security tools and other
funds and reimbursement of costs associated with their use, as well as the procedure
reimbursement of teleworkers for other costs associated with performing
labor function remotely;
the procedure for organizing the work of employees temporarily transferred to a remote
work (including working hours, including the definition of periods of time,
during which the interaction between the employee and the employer is carried out (in
working hours established by the rules of internal labor
schedule or employment contract), the procedure and method of interaction of the employee with
employer (provided that such a procedure and method of interaction allow
reliably identify the person who sent the message, data and other information),
the procedure and terms for submission by employees to the employer of reports on the completed
work);
other provisions related to the organization of labor of employees, temporarily
transferred to remote work.
An employee temporarily transferred to teleworking must be
familiar with the local regulatory specified in part three of this article
act in a way that allows you to reliably confirm the receipt by the employee of such
local normative act.
When temporarily transferring to remote work at the initiative of the employer
on the grounds provided for in this article, amending the labor
a contract with an employee is not required. At the end of the term for such a transfer (but no later than
the end of the period for the existence of a circumstance (case) that served as the basis for
the employer makes a decision to temporarily transfer employees to a remote
work) the employer is obliged to provide the employee with the previous job,
stipulated by the employment contract, and the employee is obliged to proceed with its implementation.
For the period of temporary transfer to remote work on the initiative
employer, the employee is subject to the guarantees provided for in this
a chapter for a teleworker, including safety-related guarantees,
providing the employee at the expense of the employer with the necessary to fulfill
labor function remotely with equipment, software and hardware,
means of information protection and other means, payment of compensation to the employee
in connection with the use of the employee owned or rented by him
equipment, software and hardware, information security tools and other
funds, as well as reimbursement to the employee of other costs associated with the implementation
remote work.
If the specifics of the work performed by an employee at a stationary worker
place, does not allow his temporary transfer to remote work on
on the initiative of the employer or the employer cannot provide the employee
equipment necessary for him to perform his labor function remotely,

Page 217

software and hardware, information security tools and other
means, the time during which the specified employee does not fulfill his
work function is considered downtime for reasons beyond the control of
the employer and the worker, with payment of the downtime according to part of the second th
Article 157 of this Code, if a larger amount of payment is not provided
collective agreements, agreements, local regulations.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ in the title of Chapter 50
of this Code has been amended, which will enter into force after 90 days
after the day of the official publication of the said Federal Law
See the text of the name in the previous edition
Chapter 50. Features of the regulation of labor of persons working in the regions of the Extreme
North and equivalent areas
GUARANTEE:

See Overview of Courts' Practice in Implementation Cases
citizens of labor activity in the regions of the Far North and equated to them
localities, approved by the Presidium of the Supreme Court of the Russian Federation on February 26, 2014.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 313 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 313. Guarantees and compensations to persons working in the regions of Extreme
North and equivalent areas
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 313 of the Labor Code of the Russian Federation
State guarantees and compensation to persons working in areas of Extreme
Of the North and equivalent areas are established by this Code,
other federal laws and other regulatory legal acts
Russian Federation.
Additional guarantees and compensations to the specified persons may be established
laws and other regulatory legal acts of the constituent entities of the Russian Federation,
regulatory legal acts of local governments, collective
contracts, agreements, local regulations based on financial
capabilities of the relevant constituent entities of the Russian Federation, local authorities
local government and employers.
Article 314. Work experience required to obtain guarantees and compensations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 314 of the Labor Code of the Russian Federation
The procedure for establishing and calculating the length of service required for
obtaining guarantees and compensations, established by the Government of the Russian
Federation in accordance with federal law .
GUARANTEE:

Page 218

On the procedure for establishing and calculating the length of service for obtaining interest
wage supplements for people working in the Far North,
equivalent to them localities and in the rest of the North, see the resolution of the CM
RF dated October 7, 1993 N 1012
On the procedure for establishing and calculating the length of service for obtaining interest
wage supplements to persons working in the Far North,
equivalent areas, in the southern regions of the Far East, Krasnoyarsk
Territory, Irkutsk and Chita regions, the Republic of Buryatia, in the Republic of Khakassia, see.
Resolution of the Ministry of Labor of the Russian Federation of May 16, 1994 N 37
On the procedure for calculating the duration of military service in areas with unfavorable
climatic or environmental conditions in the work experience to obtain
percentage allowance for wages see the decree of the Government of the Russian Federation of June 26
1999 N 692
Article 315. Remuneration for Labor
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 315 of the Labor Code of the Russian Federation
Remuneration for labor in the regions of the Far North and equivalent areas
is carried out using district coefficients and percentage markups to
wages.
Information about changes:

Federal Law No. 55-FZ of April 2, 2014 into Article 316 of this Code
changes made
See the text of the article in the previous edition
Article 316. Regional coefficient to wages
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 316 of the Labor Code of the Russian Federation
The size of the regional coefficient and the procedure for its application for calculation
wages of employees of organizations located in the Far North
and equivalent areas are established by the Government of the Russian
Federation.
State authorities of the constituent entities of the Russian Federation and bodies
local self-government has the right, at the expense of the respective budgets of the subjects
Of the Russian Federation and the budgets of municipalities to establish more
high sizes of regional coefficients for state bodies of subjects
Of the Russian Federation, state institutions of the constituent entities of the Russian
Federation, local government bodies, municipal institutions.
A regulatory legal act of a constituent entity of the Russian Federation may establish
the maximum size of the increase in the regional coefficient established by the incoming
to the constituent entity of the Russian Federation by municipalities.
The amounts of these costs refer to the costs of wages in full
size.
Information about changes:

Federal Law No. 122-FZ of August 22, 2004, Article 317 of this Code
set out in a new edition, effective from January 1, 2005.
See the text of the article in the previous edition

Page 219

Article 317. Percentage supplement to wages
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 317 of the Labor Code of the Russian Federation
Persons working in the Far North and those equated to them
localities, a percentage increase is paid to wages for work experience in
given areas or localities. The amount of the percentage increase to wages and
the procedure for its payment is established in the manner determined by Article 316 of this
Of the Code for Sizing regional coefficient and the procedure for its application.
The amounts of these costs refer to the costs of wages in full
size.
Information about changes:

Article 318 amended from August 13, 2020 - Federal Law of July 13, 2020 N
210-FZ
See previous edition
Article 318. State guarantees to an employee who is dismissed in connection with
liquidation of the organization or reduction of the number or staff
employees of the organization
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 318 of the Labor Code of the Russian Federation
An employee who is dismissed from an organization located in the Extreme
North and equivalent areas, in connection with the liquidation of the organization ( paragraph 1
part one of Article 81 of this Code) or reduction of the number or staff
employees of the organization ( clause 2 of part one of Article 81 of this Code),
severance pay is paid in the amount of the average monthly earnings.
In the event that the duration of the period of employment of an employee dismissed in
connection with the liquidation of the organization ( paragraph 1 of the first part of Article 81 of this Code)
or a reduction in the number or staff of the organization's employees (paragraph 2 of part
the first article 81 of this Code), exceeds one month, the employer is obliged
pay him the average monthly earnings for the second month from the date of dismissal or his
part in proportion to the period of employment falling on that month, and if
the duration of the employment period exceeds two months - for the third month from the date
dismissal or part of it in proportion to the period of employment attributable to
this month.
In exceptional cases, by decision of the body of the employment service
the employer is obliged to pay the employee who was dismissed in connection with the liquidation
organizations (paragraph 1 of the first part of Article 81 of this Code) or by an abbreviation
the number or staff of the organization's employees ( paragraph 2 of the first part of Article 81
of this Code), the average monthly earnings consecutively for the fourth,
the fifth and sixth months from the date of dismissal or part of it in proportion to the period
employment in the relevant month, provided that during
fourteen working days from the date of dismissal, the employee applied to this body and did not
was employed within three, four and five months, respectively, from the date
layoffs.
In the case provided for in part two of this article, the dismissed employee
has the right to apply in writing to the employer for the payment of an average
monthly earnings for the period of employment, no later than fifteen workers
days after the end, respectively, of the second and third months from the date of dismissal, and in

Page 220

in the case provided for in part three of this article - after the decision is made
by the body of the employment service, but no later than fifteen working days after
the end of the fourth, fifth and sixth months, respectively, from the date of dismissal. When
when a dismissed employee applies for the specified payments, the employer makes
them no later than fifteen calendar days from the date of application.
The employer in return for payments of the average monthly earnings for the period
employment ( parts two and three of this article) has the right to pay the employee
a one-time compensation in the amount of five times the average monthly earnings.
If the employee has already received payments of the average monthly earnings for
second, third, fourth or fifth month from the date of dismissal, one-time
compensation is paid to him with offset of the specified payments.
Upon liquidation of the organization, payments of average monthly wages for the period
employment ( parts two and three of this article) and (or) payment
lump sum compensation ( part five of this article) in any case must
be made before the completion of the liquidation of the organization in accordance with
civil law.
Payment of severance pay in the amount of average monthly earnings, and
payments of average monthly earnings for the period of employment and (or)
one-time compensation provided for in parts one - three and five
of this article are made by the employer at the previous place of work at the expense of
funds of this employer.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 319 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 319. Additional day off
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 319 of the Labor Code of the Russian Federation
One of the parents (guardian, trustee, foster parent) who works
in the regions of the Far North and equivalent areas, having a child in
under the age of sixteen, according to his written application monthly
an additional day off without pay is granted.
Article 320. Shortened working week
GUARANTEE:

Cm. Encyclopedias and other comments on article 320 of the Labor Code of the Russian Federation
For women working in the Far North and those equated to them
localities, collective agreement or labor agreement established 36hourly working week, if the shorter working week is not
provided for them by federal laws. At the same time, wages
paid in the same amount as for a full working week.
Article 321. Annual additional paid leave
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 321 of the Labor Code of the Russian Federation
In addition to the statutory annual basic paid

Page 221

holidays and additional paid holidays provided on general
grounds, persons working in the Far North are provided
additional paid vacations of 24 calendar days, and
persons working in areas equated to the regions of the Far North - 16
calendar days.
The total duration of annual paid vacations for employees
part-time job is established on a general basis.
Information about changes:

Federal Law No. 185-FZ of July 2, 2013 into Article 322 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 322. The procedure for the provision and connection of annual paid
vacations
GUARANTEE:

Cm. Encyclopedias and other comments on Article 322 of the Labor Code of the Russian Federation
Annual additional paid leave established by article 321
of this Code, provided to employees after six months of work
from the given employer.
The total duration of the annual paid leave is determined
by summing the annual basic and all additional annual paid
vacations.
Full or partial combination of annual paid vacations for persons,
working in the regions of the Far North and equivalent areas, it is allowed
in no more than two years. At the same time, the total duration of the provided
leave should not exceed six months, including the time of leave without retention
wages required for travel to the place of vacation use and back.
Unused portion of annual paid leave in excess of six
months, joins the next annual paid leave for
next year.
At the request of one of the working parents (guardian, trustee), the employer
is obliged to provide him with annual paid leave or part of it (at least 14
calendar days) to accompany a child under the age of eighteen,
enrolling in educational programs of secondary
vocational education or higher education located in another
terrain. If there are two or more children, leave for the specified purpose is granted
once for each child.
Information about changes:

Federal Law No. 347-FZ of July 3, 2016 into Article 323 of this Code
changes made
See the text of the article in the previous edition
Article 323. Guarantees of medical support
GUARANTEE:

Cm. Encyclopedias and other comments on Article 323 of the Labor Code of the Russian Federation
For employees of federal state bodies, state
off-budget funds of the Russian Federation, federal state
institutions located in the Far North and equated to them
localities, the collective agreement may provide for payment from funds

Page 222

employer of the cost of travel within the territory of the Russian Federation for
medical advice or treatment with appropriate medical
an opinion issued in accordance with the procedure established by federal laws and other
regulatory legal acts of the Russian Federation, if the relevant
advice or treatment cannot be provided locally.
Medical guarantees for employees of state bodies
subjects of the Russian Federation, local governments, territorial
compulsory health insurance funds, state or municipal
institutions are established by the state authorities of the constituent entities of the Russian
Federation and local governments.
Medical guarantees for employees of other employers
are established by collective agreements.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 324 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 324. Conclusion of an employment contract with persons recruited to work
to the regions of the Far North and equivalent areas from other
localities
GUARANTEE:

Cm. Encyclopedias and other comments on Article 324 of the Labor Code of the Russian Federation
Conclusion of an employment contract with persons recruited to work in the districts
Of the Far North and equivalent areas from other localities, it is allowed
if they have a medical certificate issued in accordance with the procedure, установленном
federal laws and other regulatory legal acts of the Russian
Federation, on the absence of contraindications for work and residence in the data
districts and localities.
Information about changes:

Federal Law No. 347-FZ of July 3, 2016 into Article 325 of this Code
changes made
See the text of the article in the previous edition
Article 325. Compensation of expenses for payment of the cost of travel and baggage transportation
to the place of vacation use and back
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 325 of the Labor Code of the Russian Federation
Persons working in organizations located in the Far North and
localities equated to them are entitled to payment once every two years at the expense of
the employer's funds, the cost of travel and baggage within the territory
Of the Russian Federation to the place of vacation use and back. Right to
compensation for these expenses arises from the employee simultaneously with the right to
receiving annual paid leave for the first year of work in this
organizations.
Federal state bodies, state off-budget funds
Of the Russian Federation, federal government agencies pay

Page 223

for the employee the cost of travel within the territory of the Russian Federation to the place
use of vacation and back by any means of transport (except for taxis), in
including personal, the cost of carriage of baggage weighing up to 30 kilograms, as well as
the cost of travel and baggage to the place of use of the employee's vacation and
back to non-working members of his family (husband, wife, minor children,
actually living with the employee) regardless of the time of use
vacation.
Payment of the cost of travel of the employee and his family members by personal transport to
place of vacation use and back is made at the lowest cost
travel by the shortest way.
Payment of the cost of travel and baggage transportation to the place of vacation use
an employee of a federal state body, state off-budget
fund of the Russian Federation or federal state institution and
members of his family and back is made at the request of the employee no later than
three working days prior to departure for vacation based on the approximate cost of travel.
The final payment is made upon return from vacation on the basis of
provided tickets or other documents.
The procedure for reimbursement of expenses for payment of the cost of travel and baggage transportation to
place of use of vacation and back for persons working in federal
state bodies, state off-budget funds of the Russian
Federation, federal government agencies, and their family members
established by regulatory legal acts of the Government of the Russian
Federation.
The payments provided for in this article are targeted and not
summed up in the case when the employee and his family members do not timely
used the right to pay the cost of travel and baggage to the place
use of vacation and vice versa.
The guarantees and compensations provided for in this article are provided
an employee of a federal state body, state off-budget
fund of the Russian Federation or federal state institution and
family members only at the employee's main place of work.
The amount, conditions and procedure for reimbursement of expenses for payment of the cost of travel and
baggage transportation to the place of vacation use and back for persons working in
state bodies of the constituent entities of the Russian Federation, territorial funds
compulsory health insurance, state institutions of subjects
Of the Russian Federation, are established by regulatory legal acts of bodies
state power of the constituent entities of the Russian Federation, in local authorities
self-government, municipal institutions, - regulatory legal acts
local government bodies, from other employers, - collective
agreements, local regulations, adopted taking into account the opinion
elected bodies of primary trade union organizations, labor contracts.
Information about changes:

Federal Law No. 347-FZ of July 3, 2016 into Article 326 of this Code
changes made
See the text of the article in the previous edition
Article 326. Compensation of expenses related to relocation
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 326 of the Labor Code of the Russian Federation

Page 224

Persons who have entered into employment contracts for work in federal
state bodies, state off-budget funds of the Russian
Federation, federal government offices located in areas
Of the Far North and equivalent areas, and those who arrived in accordance with
these agreements from other regions of the Russian Federation, at the expense of
the employer is provided with the following guarantees and compensations:
a one-time benefit in the amount of two monthly tariff rates, salaries
(official salaries) and a lump sum for everyone arriving with him
a member of his family in the amount of half the monthly wage rate, salary (official
salary) of the employee;
payment of the cost of travel of the employee and his family members within the territory
The Russian Federation for actual costs, as well as the cost of baggage
more than five tons per family at actual costs, but not more than tariffs,
intended for transportation by rail;
paid vacation of seven calendar days for
arrangement in a new place.
Eligibility for payment of travel and baggage charges for family members
is kept for one year from the day the employee concludes an employment contract in
this organization in the indicated areas and localities.
To an employee of a federal state body, state
off-budget fund of the Russian Federation, federal state
institution and members of his family in case of moving to a new place of residence in another
locality in connection with the termination of the employment contract for any reason (including
including in the event of the death of an employee), with the exception of dismissal for guilty actions,
the fare for the actual expenses and the cost of baggage are paid
at the rate of no more than five tons per family based on actual costs, but not more
tariffs provided for rail transportation.
The guarantees and compensations provided for in this article are provided
an employee of a federal state body, state off-budget
fund of the Russian Federation, federal state institution only
main place of work.
The amount, conditions and procedure for reimbursement of expenses related to relocation to persons,
who have entered into employment contracts for work in state bodies of subjects
Of the Russian Federation, territorial funds of compulsory medical
insurance, state institutions of the constituent entities of the Russian Federation, and
employees of these bodies, funds, institutions are established by regulatory
legal acts of state authorities of the constituent entities of the Russian Federation,
persons who have entered into employment contracts for work in local government bodies,
municipal institutions, and employees of these bodies, funds, institutions regulatory legal acts of local self-government bodies, persons,
who have entered into labor contracts for work with other employers, and employees
employers' data - collective agreements, local regulatory
acts adopted taking into account the views of the elected bodies of the primary trade union
organizations, labor contracts.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 327 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition

Page 225

Article 327. Other guarantees and compensations
GUARANTEE:

Cm. Encyclopedias and other comments on Article 327 of the Labor Code of the Russian Federation
Guarantees and compensations in the field of social insurance, pension
security, housing legal relations and others are established by persons working
in the regions of the Far North and equivalent areas, federal laws
and other regulatory legal acts of the Russian Federation, laws and other
regulatory legal acts of the constituent entities of the Russian Federation, regulatory
legal acts of local self-government bodies.
Information about changes:

Federal Law No. 409-FZ of December 1, 2014 supplemented this Code
chapter 50.1
Chapter 50.1. Features of labor regulation of employees who are
foreign citizens or stateless persons
Article 327.1. General Provisions
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 327.1 of the Labor Code of the Russian Federation
Labor relations between a foreign worker
a citizen or stateless person, and the employer is subject to the rules,
established by labor legislation and other acts containing norms
labor law, with the exception of cases in which, in accordance with federal
laws or international treaties of the Russian Federation labor
relations with employees who are foreign citizens or persons without
citizenship are governed by foreign law.
Features of labor regulation of employees who are foreign
citizens or stateless persons, if in accordance with Article 252
of this Code, such features may be established exclusively
this Code, as well as the cases and procedure for establishing such features
other acts containing labor law norms are determined by this
head.
Unless otherwise stated federal laws , foreign citizens and persons
stateless persons have the right to enter into labor relations as workers on
they reach the age of eighteen.
An employment contract between a foreign citizen or stateless person and
the employer cannot be concluded if, in accordance with federal laws
or international treaties of the Russian Federation, the employer is not entitled
employ foreign workers
citizens or stateless persons.
Between an employee who is a foreign citizen or a person without
citizenship, and the employer concludes an employment contract for an indefinite period,
and in the cases provided for in Article 59 of this Code - urgent labor
contract.
Article 327.2. Features of the conclusion of an employment contract with an employee,
being a foreign citizen or stateless person

Page 226

GUARANTEE:

See comments to article 327.2 of the Labor Code of the Russian Federation
Along with the information provided for in part one of Article 57 of this
Of the Code, in an employment contract with an employee who is a foreign citizen
or a stateless person, information on:
work permit or patent issued in accordance with
legislation on the legal status of foreign citizens in the Russian
Federation (hereinafter - work permit or patent), except in cases where
established by federal laws or international treaties of the Russian
Federation, - when concluding an employment contract with temporarily staying in
The Russian Federation by a foreign citizen or stateless person;
a temporary residence permit in the Russian Federation, issued in
in accordance with the legislation on the legal status of foreign citizens in
Russian Federation (hereinafter referred to as a temporary residence permit), for
except for cases established by federal laws or international
treaties of the Russian Federation, - when concluding an employment contract with a temporary
a foreign citizen residing in the Russian Federation or a person without
citizenship;
residence permit issued in accordance with the legislation on legal
the status of foreign citizens in the Russian Federation (hereinafter - residence permit),
with the exception of cases established by federal laws or international
treaties of the Russian Federation, - when concluding an employment contract with a permanent
a foreign citizen residing in the Russian Federation or a person without
citizenship.
Along with the conditions provided for in part two of Article 57 of this
Of the Code, mandatory for inclusion in an employment contract with an employee who is
a foreign citizen or person temporarily staying in the Russian Federation
stateless, with the exception of cases established by federal laws or
international treaties of the Russian Federation, there is a condition for indicating
the grounds for providing such a worker with medical care during the period of validity
employment contract, including the details of the voluntary contract (policy)
health insurance or contracted by the employer with a medical
organization of an agreement on the provision of paid medical services to such an employee.
Agreement (policy) of voluntary medical insurance or concluded
an employer with a medical organization agreement on the provision of paid
medical services to an employee who is a foreign citizen or a person without
citizenship, must ensure the provision of such a worker with primary health care
sanitary care and specialized medical care in an emergency.
Article 327.3. Documents presented by a foreign citizen or person
stateless when applying for a job
GUARANTEE:

See comments to Article 327.3 of the Labor Code of the Russian Federation
Along with the documents provided for in Article 65 of this Code, when
entering into an employment contract, a foreign citizen applying for work or
a stateless person is presented to the employer:
agreement (policy) of voluntary medical insurance, valid for
the territory of the Russian Federation, except in cases where the employer
concludes an agreement with a medical organization on the provision of paid
medical services to an employee who is a foreign citizen or a person without

Page 227

citizenship, and cases established by federal laws or international
treaties of the Russian Federation, - when concluding an employment contract with a temporary
a foreign citizen staying in the Russian Federation or a person without
citizenship. The contract (policy) of voluntary medical insurance or
the contract concluded by the employer with a medical organization on the provision of
paid medical services to an employee who is a foreign citizen or
a stateless person, must ensure the provision of such an employee with primary
health care and specialized medical care in emergency
form;
work permit or patent, except as otherwise specified
federal laws or international treaties of the Russian Federation, when concluding an employment contract with temporarily staying in the Russian
Federation by a foreign citizen or stateless person;
a temporary residence permit in the Russian Federation, with the exception of
cases established by federal laws or international treaties
Of the Russian Federation, - when concluding an employment contract with a temporary
a foreign citizen residing in the Russian Federation or a person without
citizenship;
residence permit, with the exception of cases established by federal
laws or international treaties of the Russian Federation, - when concluding
employment contract with foreign residents permanently residing in the Russian Federation
citizen or stateless person.
A work permit can be presented by a foreign citizen or
a stateless person to an employer after they have entered into an employment contract, if
an employment contract concluded and executed in accordance with this Code
required to obtain a work permit. In this case, the employment contract
enters into force not earlier than the day of receipt by a foreign citizen or a person without
citizenship of the work permit, and the information about the work permit is entered in
an employment contract in the manner prescribed by part three of Article 57 of this
Кодекса.
When concluding an employment contract, those who apply for work are foreign
a citizen or stateless person does not present documents to the employer
military registration, with the exception of cases established by federal laws or
international treaties of the Russian Federation, decrees of the President of the Russian
Federation, decrees of the Government of the Russian Federation.
Article 327.4. Features of the temporary transfer of an employee who is
foreign citizen or stateless person
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 327.4 of the Labor Code of the Russian Federation
In the cases provided for in parts two and three of Article 72.2 of this
Of the Code, temporary transfer of an employee who is a foreign citizen or
a stateless person, for a period of up to one month for an unconditional labor
under the contract, work for the same employer is allowed without taking into account the profession
(specialty, position, type of labor activity) specified in the permit for
work or patent, on the basis of which such an employee carries out labor
activity, and no more than once during a calendar year.
If at the end of the temporary transfer period specified in part one
of this article, to an employee who is a foreign citizen or a person without
citizenship, it is impossible to provide a previous job, an employment contract with him

Page 228

terminated in accordance with paragraph 10 of part one of Article 327.6 of this
Кодекса.
If the performance by an employee who is a foreign citizen or person
without citizenship, due to an employment contract, work is impossible due to
extraordinary circumstances specified in part two of Article 72.2 of this
Of the Code, and its temporary transfer for up to one month to an unconditional
employment contract with the same employer is not possible due to
the emergence of the need for this temporary transfer again within one
calendar year, the employment contract with such an employee is terminated in accordance with
from paragraph 11 of the first part of Article 327.6 of this Code.
Article 327.5. Features of suspension from work of an employee who is
foreign citizen or stateless person
GUARANTEE:

See comments to article 327.5 of the Labor Code of the Russian Federation
Along with the cases specified in Article 76 of this Code, the employer
is obliged to suspend from work (not allow to work) an employee who is
a foreign citizen or stateless person, in the case of:
suspension, expiration of the permit for
attraction and use of foreign workers, except for the cases,
established by federal laws or international treaties of the Russian
Federation, - in relation to temporarily staying in the Russian Federation
foreign citizen or stateless person;
expiration of a work permit or patent, except
cases established by federal laws or international treaties
Of the Russian Federation, - in relation to temporarily staying in the Russian Federation
foreign citizen or stateless person;
expiration of the permit for temporary residence in the Russian
Federation, with the exception of cases established by federal laws or
international treaties of the Russian Federation, - in relation to temporarily
residing in the Russian Federation of a foreign citizen or a person without
citizenship;
expiration of the residence permit in the Russian Federation, for
except for cases established by federal laws or international
treaties of the Russian Federation - in relation to permanent residents
The Russian Federation of a foreign citizen or stateless person;
expiration of the agreement on the territory of the Russian Federation
(policy) of voluntary health insurance or termination
the contract concluded by the employer with a medical organization on the provision of
paid medical services to an employee who is a foreign citizen or
a stateless person who ensure the provision of such an employee with primary
health care and specialized medical care in emergency
form, with the exception of cases established by federal laws or
international treaties of the Russian Federation, - in relation to temporarily
staying in the Russian Federation of a foreign citizen or a person without
citizenship.
Article 327.6. Features of termination of an employment contract with an employee,
being a foreign citizen or stateless person
GUARANTEE:

Page 229

See comments to article 327.6 of the Labor Code of the Russian Federation
Along with the grounds provided for by this Code, the basis
termination of an employment contract with an employee who is a foreign citizen
or a stateless person is:
1) suspension, expiration, cancellation
permits to attract and use foreign workers, with the exception of
cases established by federal laws or international treaties
Of the Russian Federation, - in relation to temporarily staying in the Russian Federation
foreign citizen or stateless person;
2) cancellation of a work permit or patent, except in cases where
established by federal laws or international treaties of the Russian
Federation, - in relation to temporarily staying in the Russian Federation
foreign citizen or stateless person;
3) cancellation of a temporary residence permit in the Russian
Federation, with the exception of cases established by federal laws or
international treaties of the Russian Federation, - in relation to temporarily
residing in the Russian Federation of a foreign citizen or a person without
citizenship;
4) cancellation of a residence permit in the Russian Federation, with the exception of
cases established by federal laws or international treaties
Of the Russian Federation, - in relation to permanent residents of the Russian

Federation of a foreign citizen or stateless person;
5) expiration of the validity of a work permit or patent, except
cases established by federal laws or international treaties
Of the Russian Federation, - in relation to temporarily staying in the Russian Federation
foreign citizen or stateless person;
6) expiration of the validity of a temporary residence permit in the Russian
Federation, with the exception of cases established by federal laws or
international treaties of the Russian Federation, - in relation to temporarily
residing in the Russian Federation of a foreign citizen or a person without
citizenship;
7) expiration of the period of validity of the residence permit in the Russian Federation, for
except for cases established by federal laws or international
treaties of the Russian Federation - in relation to permanent residents
The Russian Federation of a foreign citizen or stateless person;
8) expiration of the term of the agreement on the territory of the Russian Federation
(policy) voluntary health insurance or termination
the contract concluded by the employer with a medical organization on the provision of
paid medical services to an employee who is a foreign citizen or
a stateless person who ensure the provision of such an employee with primary
health care and specialized medical care in emergency
form, with the exception of cases established by federal laws or
international treaties of the Russian Federation, - in relation to temporarily
staying in the Russian Federation of a foreign citizen or a person without
citizenship;
9) reduction of the number of employees who are foreign citizens and
stateless persons, in accordance with the established federal laws,
by decrees of the President of the Russian Federation, by decrees of the Government
Russian Federation restrictions on employment
foreign citizens and stateless persons;

Page 230

10) the impossibility of providing the employee with the previous job at the end
the period of temporary transfer in accordance with part two of Article 327.4 of this
The Code;
11) impossibility of temporary transfer of an employee in accordance with
part three of Article 327.4 of this Code.
The employment contract is subject to termination on the grounds provided for
clauses 5 - 8 of part one of this article, upon the expiration of one month from the date
the occurrence of the relevant circumstances.
On the grounds provided for in clause 9 of part one of this article,
the employment contract is terminated no later than the end of the period established
relevant federal laws, decrees of the President of the Russian
Federation, decrees of the Government of the Russian Federation.
On termination of an employment contract on the grounds provided for in clauses 10
and 11 of part one of this article, an employee who is a foreign citizen
or a stateless person, must be warned in writing
employer at least three calendar days before dismissal.
Information about changes:

Article 327.7 amended from August 13, 2020 - Federal Law of July 13, 2020 N
210-FZ
See previous edition
Article 327.7. Features of payment of severance pay to an employee who is
foreign citizen or stateless person
GUARANTEE:

See comments on article 327.7 of the Labor Code of the Russian Federation
Along with the cases provided for in part seven of Article 178 of this
Code, severance pay equal to two weeks' average earnings
paid to an employee who is a foreign citizen or a person without
citizenship, upon termination of an employment contract in connection with the suspension
actions or cancellation of permission to attract and use
foreign workers, on the basis of which such an employee was issued
work permit.
Chapter 51. Features of labor regulation of transport workers
GUARANTEE:

Cm. scheme "Features of labor regulation of transport workers"
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 328 of this Code
changes made
See the text of the article in the previous edition
Article 328. Employment directly related to the movement
Vehicle
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 328 of the Labor Code of the Russian Federation
Employees hired for jobs directly related to the movement
vehicles must pass professional selection and professional

Page 231

training in the manner prescribed by the federal executive body,
carrying out the functions of developing public policy and regulatory
legal regulation in the field of transport.
Hiring an employee to work directly related to the movement
vehicles, produced after mandatory preliminary
medical examination in the manner prescribed by the federal executive body
власти, осуществляющим функции по выработке государственной политики и
legal regulation in the field of health care, and federal
the executive body performing the functions of developing
state policy and legal regulation in the field
transport.
GUARANTEE:

Decree of the Government of the Russian Federation of September 8, 1999 N 1020 approved the list
professions and positions of employees who ensure the movement of trains,
subject to mandatory preliminary, upon admission to work, and
periodic medical examinations
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 329 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 329. Working hours and hours of rest of employees whose work
directly related to the movement of vehicles
GUARANTEE:

Cm. Encyclopedias and other comments on Article 329 of the Labor Code of the Russian Federation
Employees whose work is directly related to the management of transport
vehicles or traffic control, work is not allowed
part-time, directly related to the management of transport
means or traffic control of vehicles. List of works,
professions, positions directly related to the management of transport
means or traffic control of vehicles, approved
Правительством Российской Федерации с учетом мнения Российской трехсторонней
commissions for the regulation of social and labor relations.
Features of the working time and rest time, working conditions
certain categories of workers whose work is directly related to the movement
vehicles, established by the federal executive body,
carrying out the functions of developing public policy and regulatory
legal regulation in the field of transport, taking into account the opinion of the relevant
the all-Russian trade union and the all-Russian association of employers. These
peculiarities cannot worsen the position of workers in comparison with the established
настоящим Кодексом.
GUARANTEE:

Cm. certificate of working hours and rest hours of certain categories of employees
Information about changes:

Article 330 amended from December 31, 2017 - Federal Law of December 20, 2017 No.

Page 232

N 400-FZ
See previous edition
Article 330. Discipline of employees whose work is directly related to
traffic
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 330 of the Labor Code of the Russian Federation
Discipline of workers whose work is directly related to the movement
vehicles, regulated by this Code, as well as the provisions
(statutes) on discipline, if such provisions (statutes) on discipline are established
federal laws.
Information about changes:

Federal Law No. 353-FZ of November 30, 2011 supplemented this Code
chapter 51.1, which takes effect one hundred and twenty days after the day
the official publication of the named Federal Law
Chapter 51.1. Features of labor regulation of workers employed in underground
works
Article 330.1. General Provisions
GUARANTEE:

See comments to article 330.1 of the Labor Code of the Russian Federation
The provisions of this chapter establish the specifics of the regulation of labor
relations with workers employed in underground work, under which in this
the chapter refers to workers who are directly involved in the extraction of useful
underground mining, construction workers,
operation of underground structures, for rescue operations in the specified
structures (except for underground structures, the construction of which is carried out
open method), with the exception of workers engaged in maintenance work
subway.
Information about changes:

Federal Law No. 236-FZ of December 3, 2012 into Article 330.2 of this
Code changed
See the text of the article in the previous edition
Article 330.2. Features of admission to underground work
GUARANTEE:

See comments to article 330.2 of the Labor Code of the Russian Federation
Persons hired for underground work must not have medical
contraindications to the specified work and must meet the appropriate
qualification requirements specified in qualification reference books,
approved in orderestablished by the Government of the Russian Federation,
or relevant provisions профессиональных стандартов.
Checking the conformity of the knowledge and skills of the person admitted to the underground
work that meets the qualification requirements is carried out
employer ok, established by the Government of the Russian Federation with
taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social
labor relations.

Page 233

Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 330.3 of this
Code changed
See the text of the article in the previous edition
Article 330.3. Medical examinations of workers employed in underground works
GUARANTEE:

Cm. Encyclopedias and other comments on article 330.3 of the Labor Code of the Russian Federation
Admission to underground work is carried out after compulsory medical
inspection .
Underground workers are required to undergo medical
inspections at the beginning of the working day (shift), as well as during and (or) at the end of the working day
(shift) ( part three of Article 213 of this Code).
Medical examinations at the beginning of the working day (shift) employer
is obliged to organize every working day (every shift) for all employees,
employed in underground work.
Medical examinations during and (or) at the end of the working day
(shift) the employer organizes, if necessary, for the purpose of diagnostics and
prevention of occupational diseases, as well as to identify possible
the state of alcoholic, drug or other toxic intoxication in
workers employed in underground work carried out at facilities classified in
in accordance with federal laws and other regulatory legal acts
Of the Russian Federation to explosive and fire hazardous production facilities.
The procedure for medical examinations of workers employed in underground
work, at the beginning of the working day (shift), as well as during and (or) at the end of the working day
(shifts) are established by the federal executive body,
carrying out functions for the development and implementation of state policy and
legal regulation in the field of health care, taking into account the opinion
Russian Tripartite Commission for the Regulation of Social and Labor Relations.
Article 330.4. Suspension from work of workers employed in underground work
GUARANTEE:

Cm. Encyclopedias and other comments on article 330.4 of the Labor Code of the Russian Federation
Along with the cases specified in Article 76 of this Code, the employer
is obliged to remove from underground work (not to allow underground work) an employee in
cases:
non-compliance by the employee with the established federal laws and other
regulatory legal acts of the Russian Federation safety requirements for
carrying out underground work, including in the event that an employee commits actions,
posing a threat to the life and health of people;
non-use by the employee of funds issued to him in accordance with the established procedure
individual protection;
the presence of an employee when he is in underground areas located
at facilities classified in accordance with federal laws and other
regulatory legal acts of the Russian Federation to explosive and fire hazardous
production facilities (including underground mines located at
mining areas), smoking accessories, sources of fire (matches,
lighters and others), alcoholic beverages, narcotic and other toxic substances,
and also banned the rules of internal labor regulations for the use of
on the specified underground areas of personal property (including electronic

Page 234

devices, the use of which may lead to an emergency).
Finding an employee suspended from underground work in underground areas
(not approved for underground work) is not allowed.
When an employee is removed from underground work (not allowed to underground
works) in the cases provided for in paragraphs two and three of the first part
of this article, the employee is allowed to work underground after passing through
the established procedure for an extraordinary test of knowledge of safety requirements when
carrying out underground work or the rules for the use of personal protective equipment.
The employer is obliged to organize the specified inspection within three
working days after the day of suspension of the employee from underground work (prevention of
underground work).
When an employee is removed from underground work (not allowed to underground
work) in the case provided for in paragraph four of part one of this
article, the employee is allowed to work underground after deposit
the employer (his representative) of smoking accessories, sources of fire
(matches, lighters and others), alcoholic beverages, as well as prohibited by the rules
internal labor regulations for use in underground areas,
located at facilities classified in accordance with federal laws and
other regulatory legal acts of the Russian Federation to
explosion and fire hazardous production facilities (including underground mining
mine workings), personal property (including
electronic devices, the use of which may lead to an emergency) in
a place located outside the specified underground areas.
During the period of suspension from underground work (non-admission to underground work)
the employee's wages are not calculated, except in cases where the employee
did not pass the extraordinary test of knowledge of requirements in accordance with the established procedure
safety when carrying out underground work or the rules for the use of funds
personal protection through no fault of their own. In this case, the employee is
payment for the corresponding period as for idle time.
Article 330.5. Additional responsibilities of the employer when organizing and
underground works
GUARANTEE:

See comments to article 330.5 of the Labor Code of the Russian Federation
When organizing and carrying out underground work, the employer must:
do not allow persons with medical contraindications to work underground
to the specified work and (or) not satisfying the relevant qualification
requirements;
do not allow employees to perform their duties in the event of
failure to provide them in accordance with the established norms of special clothing,
special footwear and other personal protective equipment that have passed
mandatory certification or declaration of conformity;
ensure the organization and conduct of underground works in accordance with
approved technical documentation, technological standards and
the established requirements for equipment, technological processes,
used in production tools, raw materials and materials.
Chapter 52. Features of labor regulation of teaching staff
GUARANTEE:

Page 235

Cm. scheme "Peculiarities of labor regulation of teaching staff"
Information about changes:

Federal Law No. 237-FZ of July 13, 2015 into Article 331 of this Code
changes made
See the text of the article in the previous edition
Article 331. Right to engage in teaching activities
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 331 of the Labor Code of the Russian Federation
Persons who have educational
qualification, which is determined in the manner prescribed by the legislation of the Russian
Federation in the field of education.
Persons are not allowed to pedagogical activity:
deprived of the right to engage in teaching activities in accordance with
a court verdict that has entered into legal force;
have or have had a criminal record, prosecuted (for
the exclusion of persons whose criminal prosecution has been terminated by
exonerating grounds) for crimes against life and health, freedom,
honor and dignity of the person (with the exception of illegal hospitalization in
a medical organization providing psychiatric care in inpatient
conditions, and slander), sexual inviolability and sexual freedom of the individual, against
family and minors, public health and public morals,
foundations of the constitutional system and state security, peace and security
humanity, as well as against public safety, except in cases where
envisaged part three of this article;
having an unexpunged or outstanding conviction for other intentional grave and
especially grave crimes not specified in paragraph three of this part;
recognized as incompetent in accordance with the procedure established by federal law;
having diseases provided for by the list approved by the federal
the executive body performing the functions of developing
state policy and legal regulation in the field
health care.
Persons from among those specified in paragraph three of part two of this article,
convicted of minor offenses and crimes
of moderate severity against life and health, freedom, honor and dignity of the individual (for
the exception of illegal hospitalization in a medical organization providing
inpatient psychiatric care, and defamation), family and
minors, public health and public morality, foundations
constitutional order and security of the state, peace and security of mankind,
as well as against public safety, and persons prosecuted in
in relation to whom, on charges of committing these crimes, it was terminated
non-rehabilitating grounds, can be admitted to teaching activities
if there is a decision of the commission on minors and the protection of their rights,
created by the supreme executive body of state power of the subject
Of the Russian Federation, on their admission to pedagogical activity.
Information about changes:

Federal Law No. 489-FZ of December 31, 2014 supplemented this Code
Article 331.1, which shall enter into force on January 1, 2015.

Page 236

Article 331.1. Features of the suspension from work of teaching staff
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 331.1 of the Labor Code of the Russian Federation
Along with the cases specified in Article 76 of this Code, the employer
is obliged to suspend from work (not allow to work) a pedagogical worker when
receiving information from law enforcement agencies that this employee
is subject to criminal prosecution for the crimes specified in paragraphs three
and the fourth part of the second article 331 of this Code. The employer removes from
work (does not allow to work) of a pedagogical worker for the entire period of production
in a criminal case until its termination or before the entry into force of the court verdict.
Information about changes:

Article 332 amended from July 1, 2020 - Federal Law of May 25, 2020 N 157-FZ
See previous edition
Article 332. Features of the conclusion and termination of an employment contract with
pedagogical workers related to professorial
teaching staff
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 332 of the Labor Code of the Russian Federation
Labor contracts for the filling of positions of teaching staff,
related to the teaching staff, in the organization,
carrying out educational activities for the implementation of educational
programs of higher education and additional professional programs, can
be concluded both for an indefinite period and for a period determined by the parties
трудового договора.
The conclusion of an employment contract for filling the position of a pedagogical
an employee belonging to the teaching staff in the organization,
carrying out educational activities for the implementation of educational
higher education programs and additional professional programs, as well as
transfer to such a position is preceded by election by competition for the replacement
corresponding position.
Part three became invalid on January 1, 2015.
Information about changes:

See text part three of article 332
In order to preserve the continuity of the educational process, a conclusion is allowed
an employment contract for filling the position of a pedagogical worker related
to the teaching staff, in the organization that carries out
educational activities for the implementation of educational programs of higher
education and additional professional programs, without selection by competition
to fill the relevant position when hiring part-time
or to the educational institutions of higher education that are being created before
work of the Academic Council - for a period of not more than one year, and to replace temporarily
an absent employee for whom a job is retained in accordance with the law
work, - until this employee leaves for work.
There is no competition for the positions of the dean of the faculty and
head of the department.
Regulations on the procedure for filling positions of teaching staff,
related to the teaching staff, is approved in the order,
established by the authorized Government of the Russian Federation

Page 237

федеральным органом исполнительной власти.
Part seven became invalid on January 1, 2015.
Information about changes:

See text part seven of article 332
When an employee is elected through a competition to replace the previously occupied by him
a fixed-term employment contract of the position of a teacher related to
faculty, a new employment contract may not
consist. In this case, the validity of the fixed-term employment contract with the employee
extended by agreement of the parties, concluded in writing, by
a certain period of not more than five years or for an indefinite period.
When transferring to the position of a pedagogical worker related to
teaching staff, as a result of selection by competition for
the relevant position the duration of the employment contract with the employee may
be changed by agreement of the parties, concluded in writing, to
a certain period of not more than five years or for an indefinite period.
In order to confirm the compliance of the employee with the position occupied by him
teaching staff member of the teaching staff
(with the exception of employees whose employment contract is concluded for a certain
term), certification is carried out once every five years. Regulations on the procedure
certification of employees holding positions of teaching staff,
related to the teaching staff, approved by the federal
органом исполнительной власти, осуществляющим функции по выработке и реализации
public policy and legal regulation in the field of higher
education, in agreement with the federal executive body,
carrying out the functions of developing public policy and regulatory
legal regulation in the field of labor.
The positions of the dean of the faculty and the head of the department are elective.
The procedure for holding elections for these positions is established by the statutes.
educational institutions of higher education.
Parts 12-15 are no longer in force on July 1, 2020 - Federal Law of May 25, 2020 No.
N 157-FZ
Information about changes:

See previous edition
Article 332.1 amended from November 20, 2020 - Federal Law of November 9, 2020 N
362-FZ
See previous edition
Article 332.1. Features of the conclusion and termination of an employment contract with
heads, deputy heads of state and
municipal educational institutions of higher education and
heads of their branches
With heads of state and municipal educational
higher education organizations conclude employment contracts for up to five years.
Positions of heads, deputy heads of state and
municipal educational institutions of higher education and their heads
branches are replaced by persons under the age of seventy years, regardless of
duration of employment contracts. Persons holding these positions and
those who have reached the age of seventy years, are transferred from their written consent to other
positions corresponding to their qualifications.

Page 238

One and the same person cannot fill the position of the head of the same
state or municipal educational organization of higher
education for more than three terms, unless otherwise provided by federal laws
or by decisions of the President of the Russian Federation.
In individual cases provided for by federal laws or decisions
Of the President of the Russian Federation, the period of stay of the head of the state
or a municipal educational institution of higher education in its
positions upon reaching the age established by part two of this
articles may be renewed.
With deputy heads of state and municipal
educational institutions of higher education, heads of their branches
fixed-term employment contracts are concluded, the validity of which cannot exceed
terms of office of the heads of these organizations.
Information about changes:

Article 333 amended from August 13, 2019 - Federal Law of August 2, 2019 N
292-FZ
See previous edition
Article 333. Duration of working hours of teaching staff
GUARANTEE:

Cm. Encyclopedias and other comments on Article 333 of the Labor Code of the Russian Federation
For teaching staff, an abbreviated
working hours no more than 36 hours per week.
Part two became invalid on September 1, 2013.
Information about changes:

See text part two of article 333
Depending on the position and (or) specialty of teaching staff with
taking into account the peculiarities of their work, the duration of working hours (norms of hours
pedagogical work for the wage rate), the procedure for determining the educational
the load stipulated in the employment contract and the grounds for its change, cases
setting the upper limit of the study load are determined by the federal body
исполнительной власти, осуществляющим функции по выработке и реализации
public policy and legal regulation in the field of higher
education, in relation to pedagogical workers related to professorial
teaching staff, and the federal executive body,
carrying out functions for the development and implementation of state policy and
legal regulation in the field of general education, in relation to other
teaching staff.
GUARANTEE:

See Featuresworking hours and rest time for pedagogical and other
employees of organizations engaged in educational activities,
approved by order of the Ministry of Education and Science of the Russian Federation of May 11, 2016 N 536
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 334 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition

Page 239

Article 334. Annual basic extended paid leave
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 334 of the Labor Code of the Russian Federation
Pedagogical workers are provided with an annual extended basic
paid leave, the duration of which is established by the Government
Russian Federation.
Information about changes:

Article 335 amended from August 13, 2019 - Federal Law of August 2, 2019 N
292-FZ
See previous edition
Article 335. Long leave of teaching staff
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 335 of the Labor Code of the Russian Federation
Pedagogical workers of the organization providing educational
activity, at least every 10 years of continuous pedagogical work
are entitled to a long vacation for up to one year, the procedure and conditions
the provision of which is determined in the manner prescribed by the federal
органом исполнительной власти, осуществляющим функции по выработке и реализации
public policy and legal regulation in the field of higher
education, in agreement with the federal executive body,
carrying out functions for the development and implementation of state policy and
legal regulation in the field of general education.
Information about changes:

Article 336 amended from July 1, 2020 - Federal Law of May 25, 2020 N 157-FZ
See previous edition
Article 336. Additional grounds for terminating an employment contract with
teacher, as well as the head, deputy
head of state or municipal educational
organization of higher education and the head of its branch
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 336 of the Labor Code of the Russian Federation
In addition to the grounds provided for by this Code and other
federal laws, grounds for terminating an employment contract with
teacher, as well as with the head, deputy head
state or municipal educational organization of higher
education and the head of its branch are:
Information about changes:

Federal Law of July 2, 2013 N 185-FZ to paragraph 1 of Article 336 of this
Кодекса внесены изменения, вступающие в силу с 1 сентября 2013 г.
See the text of the paragraph in the previous edition
1) repeated gross violation of the organization's charter within one year,
carrying out educational activities;
2) the use, including one-time, of educational methods associated with
physical and (or) mental violence against the personality of the student, pupil;
Information about changes:

Page 240

Clause 3 amended from July 1, 2020 - Federal Law of May 25, 2020 N 157-FZ
See previous edition
3) reaching the age limit for filling the relevant position
in accordance with article 332.1 of this Code;
4) became invalid from January 1, 2015.
Information about changes:

See text paragraph 4 of article 336

Federal Law No. 443-FZ of December 22, 2014 supplemented this Code
Chapter 52.1, effective from 1 January 2015.
Chapter 52.1. Features of the regulation of the work of scientists, managers
scientific organizations, their deputies
Article 336.1. Features of the conclusion and termination of an employment contract with
scientist
GUARANTEE:

Cm. Encyclopedias and other comments on article 336.1 of the Labor Code of the Russian Federation
Employment contracts for the replacement of scientific posts may
be concluded both for an indefinite period and for a period determined by the parties
labor contracts.
Conclusion of an employment contract for the replacement of certain scientific positions
workers, as well as the transfer to the appropriate positions of scientific workers
precedes the election by competition for the respective position.
The list of positions of scientific workers to be replaced by competition,
and the procedure for holding this competition is determined by the federal body
executive power, carrying out functions for the development of state
policy and legal regulation in the field of scientific and scientific
technical activities, in agreement with the federal executive body
власти, осуществляющим функции по выработке государственной политики и
нормативно-правовому регулированию в сфере труда.
In order to preserve the continuity of scientific activity, it is allowed
conclusion of an employment contract for filling the position of a scientific worker without
election by competition to fill the relevant position when hiring
part-time for a period not exceeding one year, and for replacement temporarily
an absent employee for whom a job is retained in accordance with the law
work, - until this employee leaves for work.
When an employee is elected through a competition to replace the previously occupied by him
a fixed-term employment contract for the position of a scientific worker new employment contract
may not be included. In this case, the validity of a fixed-term employment contract with
the employee is extended by agreement of the parties, concluded in writing,
for a certain period of not more than five years or for an indefinite period.
When transferring to the position of a scientific worker as a result of being elected by
competition for the relevant position, the term of the employment contract with
the employee can be changed by agreement of the parties, concluded in a written
form, in accordance with the terms of the competition for a certain period not

more than five years or indefinitely.
In order to confirm the compliance of the employee with the position occupied by him
scientific worker (with the exception of scientific workers, labor contracts with

Page 241

which are concluded for a certain period) attestation is carried out within the time frame
determined by a local regulatory act, but not more often than once every two years and not
less than once every five years.
The procedure for attestation of employees holding scientific positions
employees, established by the federal executive body,
carrying out the functions of developing public policy and regulatory
legal regulation in the field of scientific and scientific and technical activities, on
in agreement with the federal executive body carrying out
функции по выработке государственной политики и нормативно-правовому
labor regulation.
Information about changes:

Article 336.2 amended from November 20, 2020 - Federal Law of November 9, 2020 N
362-FZ
See previous edition
Article 336.2. Features of the conclusion and termination of an employment contract with
heads, deputy heads of state and
municipal scientific organizations and heads of their branches
GUARANTEE:

Cm. Encyclopedias and other comments on article 336.2 of the Labor Code of the Russian Federation
With heads of state and municipal scientific organizations
employment contracts are concluded for up to five years.
Positions of heads, deputy heads of state and
municipal scientific organizations and heads of their branches are replaced by persons
at the age of not older than seventy years, regardless of the period of validity of labor
contracts. Persons holding these positions and who have reached the age of seventy
years, are transferred with their written consent to other positions corresponding to their
qualifications.
One and the same person cannot fill the position of the head of the same
state or municipal scientific organization for more than three terms, unless otherwise
not provided for by federal laws or decisions of the President of the Russian
Federation.
In individual cases provided for by federal laws or decisions
Of the President of the Russian Federation, the period of stay of the head of the state
or a municipal scientific organization in his position upon reaching
age set part two of this article may be extended.
With deputy heads of state and municipal scientific
organizations, heads of their branches conclude fixed-term employment contracts,
validity periods of which cannot exceed the terms of office of managers
of these organizations.
Article 336.3. Additional grounds for terminating an employment contract with
head, deputy head of a scientific organization
GUARANTEE:

See comments to article 336.3 of the Labor Code of the Russian Federation
In addition to the grounds provided for by this Code and other
federal laws, the basis for the termination of an employment contract with
head, deputy head of state or municipal
scientific organization is to reach the age limit for replacement

Page 242

the respective position in accordance with article 336.2 of this Code.
Chapter 53. Features of the regulation of labor of workers sent to work in
diplomatic missions and consular offices of the Russian
Federation, as well as to representations of federal executive bodies
authorities and state institutions of the Russian Federation abroad
GUARANTEE:

On the specifics of passing the federal state civil service in
system of the Ministry of Foreign Affairs of the Russian Federation see Federal Law of July 27, 2010 N 205-FZ
Article 337. Bodies sending employees to diplomatic
representations and consular offices of the Russian Federation, and
also to the representations of federal executive bodies
and state institutions of the Russian Federation abroad
GUARANTEE:

See comments on article 337 of the Labor Code of the Russian Federation
Sending employees to work in diplomatic missions and
consular offices of the Russian Federation, as well as in representative offices
federal executive bodies and state institutions
Of the Russian Federation abroad is made by specially authorized
federal executive bodies and state institutions
Russian Federation.
GUARANTEE:

On the organization and procedure for the implementation by federal executive bodies
authorities and Russian state institutions of functions related to
activities abroad, see Decree of the President of the Russian Federation of June 14, 1997 N 582
Article 338. An employment contract with an employee sent to work in
representation of the Russian Federation abroad
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 338 of the Labor Code of the Russian Federation
With an employee sent to work at the representative office of the Russian
Federation abroad, an employment contract is concluded for up to three years. By
at the end of the specified term, the employment contract may be renewed for a new term.
When sent to work in a representative office of the Russian Federation for
the border of an employee holding a position in the relevant federal authority
executive power or state institution of the Russian Federation, in
the employment contract concluded with him earlier, changes and additions are made,
regarding the term and conditions of his work abroad. After finishing work abroad
such employee must be given a previous or equivalent job
(position), and in its absence, with the consent of the employee, another job (position).
Information about changes:

Federal Law of June 30, 2006 N 90-FZ Article 339 of this Code
is set out in a new edition, which takes effect 90 days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition

Page 243

Article 339. Conditions of work and rest of employees sent to work in
representations of the Russian Federation abroad
GUARANTEE:

See comments on Article 339 of the Labor Code of the Russian Federation
Working and rest conditions of workers sent to work in
representations of the Russian Federation abroad, are determined by local
regulations of the respective representative office and employment contracts,
which cannot worsen the situation of workers in comparison with the established
настоящим Кодексом.
Minimum duration of additional annual leave and conditions
their provision to employees working in representative offices of the Russian
Federations abroad in countries with special (including climatic) conditions, and
also the list of these countries is established in the order determined by the Government
Russian Federation.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 340 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 340. Guarantees and compensations to workers sent to work in
representations of the Russian Federation abroad
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 340 of the Labor Code of the Russian Federation
Procedure and conditions for establishing additional guarantees and payments
compensation in connection with the relocation to the place of work, as well as the conditions of material
household provision and remuneration of workers sent to work in
representations of the Russian Federation abroad are established
The Government of the Russian Federation, taking into account climatic and other special conditions
in the host country.
Information about changes:

Federal Law No. 160-FZ of July 23, 2008 into Article 341 of this Code
amendments have been made that come into force on January 1, 2009.
See the text of the article in the previous edition
Article 341. Grounds for termination of work in the representative office of the Russian
Federations abroad
GUARANTEE:

See comments on article 341 of the Labor Code of the Russian Federation
Termination of work in the representative office of the Russian Federation abroad
is carried out in connection with the expiration of the period established when the employee is sent
the relevant federal executive body or state
institution of the Russian Federation or the conclusion of a fixed-term labor
договора.
Work in a representative office of the Russian Federation abroad can be
terminated ahead of schedule also in the following cases:

Page 244

1) the occurrence of an emergency in the host country;
2) declaring the employee persona non grata or receiving a notification from
the competent authorities of the host country on his inadmissibility in the host country;
3) reduction of the established quota of diplomatic or technical
employees of the corresponding representative office;
4) non-compliance by the employee with the customs and laws of the host country, as well as
generally accepted norms of behavior and morality;
5) non-fulfillment by the employee taken upon himself at the conclusion of the labor
family obligations agreements
host country, generally accepted norms of behavior and morality, as well as rules
residence, operating on the territory of the corresponding representative office;
6) a single gross violation of labor duties, as well as security
the requirements with which the employee was familiarized with the conclusion of the employment contract;
7) temporary incapacity for work lasting more than two months
in a row or in the presence of a disease that prevents work abroad, in
in accordance with the list of diseases approved by the authorized government
Of the Russian Federation by the federal executive body.
Upon termination of work in a representative office of the Russian Federation for
border on one of the grounds provided for in part two of this article,
dismissal of employees who are not on the staff of the person who sent them to work abroad
federal executive body or state institution
Of the Russian Federation, is made in accordance with clause 2 of part one of article and
77 of this Code. Dismissal of employees on the staff of these bodies
and institutions is carried out on the grounds provided for by this Code and
other federal laws.
Information about changes:

Federal Law No. 116-FZ of May 5, 2014 supplemented this Code with the chapter
53.1, вступающей в силу с 1 января 2016 г.
Chapter 53.1. Features of labor regulation of workers sent temporarily
работодателем к другим физическим лицам или юридическим лицам по договору о
provision of labor for employees (personnel)
Article 341.1. General Provisions
GUARANTEE:

Cm. Encyclopedias and other comments on article 341.1 of the Labor Code of the Russian Federation
A private employment agency or other legal entity that is
in accordance with the legislation of the Russian Federation on employment in
The Russian Federation has the right to carry out activities for the provision of labor
employees (personnel), in order to carry out such activities have the right to
cases, on the conditions and in the manner established by this chapter, send
temporarily their employees with their consent to an individual or legal entity,
non-employers of these employees (hereinafter also referred to as the host
party), for the fulfillment of employees defined by their employment contracts
labor functions in the interests, under the management and control of the specified physical
person or legal entity.
Terms of remuneration under an employment contract with an employee sent for
work with the receiving party under an employee labor agreement
(personnel) should be no worse than the conditions of remuneration of employees of the host

Page 245

parties performing the same labor functions and having the same
qualifications.
Compensation for work with harmful and (or) hazardous working conditions, if
the employee is sent to work in appropriate conditions, are installed on
based on information on the characteristics of working conditions at the workplace,
provided by the host.
Information about changes:

Article 341.2 amended from January 1, 2020 - Federal Law of December 16, 2019 N
439-ФЗ
See previous edition
Article 341.2. Features of labor regulation of workers sent
temporarily by a private employment agency to other individuals or
to legal entities under an agreement on the provision of workers' labor
(staff)
GUARANTEE:

Cm. Encyclopedias and other comments on article 341.2 of the Labor Code of the Russian Federation
An employment contract concluded by a private employment agency with an employee,
sent temporarily to work with the receiving party under an agreement on
the provision of labor of employees (personnel), must include a condition on
fulfillment by the employee on the order of the employer of a certain labor
contract of labor function in the interests, under the management and control of the physical
a person or legal entity that is not an employer for this labor
the agreement.
A private employment agency has the right to conclude an employment contract with an employee
an agreement containing the condition specified in part one of this article, in cases
its directions temporarily for work with the receiving party under an agreement on
provision of labor of employees (personnel) to:
an individual who is not an individual entrepreneur for the purpose of
personal service, assistance with housekeeping;
an individual entrepreneur or legal entity for a temporary
fulfillment of the duties of absent workers, for whom, in accordance with
labor legislation and other regulatory legal acts containing
нормы трудового права, коллективным договором, соглашениями, локальными
the place of work is retained by regulatory enactments, labor contracts;
to an individual entrepreneur or legal entity to conduct
works associated with a deliberately temporary (up to nine months) expansion
production or volume of services provided.
For the purpose of temporary employment of individuals seeking temporary work
categories of persons (persons enrolled in full-time education; single and large
parents raising minor children; persons released from
institutions executing sentences of imprisonment) private agency
employment has the right to conclude with these persons employment contracts containing
the condition specified in part one of this article, as in the cases provided for
part two of this article, and in other cases in which, in accordance with
by this Code or other federal laws, employees are concluded
or fixed-term employment contracts may be concluded.
When sending an employee to work with the receiving party under an agreement on

Page 246

provision of labor of workers (personnel) labor relations between this
the employee and the private employment agency do not end, and the labor relationship
between this employee and the receiving party do not arise.
When sending an employee to work with the receiving party under an agreement on
provision of labor for employees (personnel) private employment agency and employee
conclude an additional agreement to the employment contract indicating information about
receiving party, including the name of the receiving party (surname,
name, patronymic of the receiving party - an individual), information about the documents,
certifying the identity of the receiving party - an individual,
host taxpayer identification number (excluding
receiving party - an individual who is not an individual
entrepreneur), as well as information about the place and date of imprisonment, number and term
validity of the contract for the provision of labor of employees (personnel).
If during the period of the employment contract the private employment agency
directs the employee to work with another receiving party under another agreement on
provision of labor of employees (personnel), private employment agency and employee
conclude a new supplementary agreement to the employment contract indicating
information about the host provided part five of this article.
Additional agreements to the employment contract specified in parts five and
the sixth of this article, are an integral part of the employment contract,
are in writing, drawn up in duplicate, each of
which is signed by the parties. One copy of the supplementary agreement
handed over to the employee, another copy is kept by the employer. Receiving
an employee of a copy of the supplementary agreement must be confirmed by a signature
employee on a copy of the supplementary agreement kept by the employer.
In cases where this is provided for by the agreement on the provision of labor of employees
(personnel), in additional agreements to the employment contract specified in parts x
fifth andsixth of this article, the following conditions may be provided:
on the right of the receiving party to demand from the sent employee performance
their labor duties, respect for the property of the receiving party (in
including to the property of third parties held by the receiving party, if
the receiving party is responsible for the safety of this property) and to
property of employees of the receiving party, compliance with the rules of internal
the work schedule of the receiving party;
about the obligation of the receiving party to provide the directed employee
equipment, tools, technical documentation and other means,
necessary for the performance of his labor duties;
on the obligation of the receiving party to provide household needs
the directed employee related to the performance of his labor duties;
on the obligation of the receiving party to suspend from work or not admit to
the work of the directed employee in the cases specified in part one of Article 76
of this Code. In this case, about cases of suspension from work or non-admission to
the work of the assigned employee, the receiving party is obliged to notify
employer immediately.
A private employment agency is obliged to enter information about work under an agreement on
the provision of labor of workers (personnel) from the receiving party to the labor
the employee's book and (or) information about labor activity (Article 66.1 of this
Of the Code).
A private employment agency is required to monitor compliance
the actual use by the receiving party of the labor of the referred workers

Page 247

labor functions determined by the labor contracts of these workers, as well as for
compliance by the host party with labor law. The host does not
has the right to prevent a private employment agency from carrying out the specified
control.
Article 341.3. Features of labor regulation of workers sent
temporarily by an employer other than a private employment agency,
to other legal entities under a labor agreement
workers (personnel)
GUARANTEE:

Cm. Encyclopedias and other comments on Article 341.3 of the Labor Code of the Russian Federation
Features of the regulation of labor of workers sent temporarily to others
to legal entities under an agreement on the provision of labor of employees (personnel),
by an employer other than a private employment agency are established
federal law.
Article 341.4. Investigation of an accident with an employee,
temporarily assigned to work under a labor contract
workers (personnel) and those involved in the production
host activities
GUARANTEE:

See comments to article 341.4 of the Labor Code of the Russian Federation
An accident that happened to an employee who was sent temporarily for
work with the receiving party under an employee labor agreement
(personnel) and those who participated in the production activities of the receiving party,
is being investigated by a commission formed by the host. The composition of the commission
the representative of the employer who sent the worker enters. Non-arrival or
untimely arrival of the specified representative is not a reason for
changes in the timing of the investigation (part five of Article 229 of this Code).
Article 341.5. Subsidiary liability for the obligations of the employer,
arising from labor relations with employees directed
temporarily for work under an employee labor agreement
(staff)
GUARANTEE:

Cm. Encyclopedias and other comments on article 341.5 of the Labor Code of the Russian Federation
For the obligations of the employer arising from the employment relationship with
employees sent temporarily to work with the receiving party under the contract
on the provision of labor for employees (personnel), including for obligations under
payment of wages and other amounts due to the employee for the payment of cash
compensation for violation of the established time limit by the employer, respectively
salary payments, vacation pay, dismissal payments and (or) other
payments due to the employee, subsidiary liability is borne by the receiving
side.
Chapter 54. Features of labor regulation of workers of religious organizations
Article 342. Parties to an employment contract in a religious organization
GUARANTEE:

Page 248

Cm. Encyclopedias and other comments on Article 342 of the Labor Code of the Russian Federation
The employer is a religious organization registered in
the procedure established by federal law , and has entered into an employment contract with
by an employee in writing.
An employee is a person who has reached the age of eighteen, who has concluded
an employment contract with a religious organization that personally fulfills a certain
work and is subject to the internal regulations of the religious organization.
Article 343. Internal regulations of a religious organization
GUARANTEE:

See comments on Article 343 of the Labor Code of the Russian Federation
The rights and obligations of the parties to an employment contract are determined in the employment
the contract, taking into account the specifics established by internal regulations
religious organization that should not contradict the Constitution of the Russian
Federation, this Code and other federal laws.
Information about changes:

Article 344 amended from January 1, 2021 - Federal Law of December 29, 2020 N
477-ФЗ
See previous edition
Article 344. Features of the conclusion of an employment contract with a religious
organization and its changes
GUARANTEE:

See comments on article 344 of the Labor Code of the Russian Federation
An employment contract between an employee and a religious organization may
be concluded for a certain period without taking into account the limitation of the number of employees
the organization established by paragraph twelve of part two of Article 59 of this
Кодекса.
When concluding an employment contract, the employee undertakes to perform any
work prohibited by this Code or other federal law,
defined by this agreement.
In an employment contract in accordance with this Code and internal
the provisions of the religious organization include conditions essential for
an employee and for a religious organization as an employer.
If it is necessary to change the conditions of labor defined by the parties
of the agreement, the religious organization is obliged to warn the employee about this in
in writing not less than seven calendar days in advance.
Article 345. Working hours of persons working in religious
organizations
GUARANTEE:

See comments on article 345 of the Labor Code of the Russian Federation
Working hours of persons working in religious organizations,
determined taking into account the established present Code normal
working hours based on the mode of performing ceremonies or
other activities of a religious organization, determined by its internal
institutions.
Information about changes:

Page 249

The Code was supplemented by Article 345.1 from January 8, 2019 - Federal Law of December 27
2018 N 542-FZ
Article 345.1. Features of the distribution of the regional agreement on
minimum wage for an employer - religious
organization
When submitted in accordance with part eight of Article 133.1 of this
Of the Code to the authorized executive body of a constituent entity of the Russian
Federation of a motivated written refusal to join the regional
minimum wage agreement employer - religious organization
has the right not to attach to the said refusal the protocol of consultations with the elective
body of the primary trade union organization, uniting the workers of this
religious organization, and proposals on the timing of raising the minimum
wages of employees up to the amount stipulated by the said agreement.
On behalf of employers - religious organizations that carry out
activities on the territory of the corresponding constituent entity of the Russian Federation and
included in the structure of a centralized religious organization, the specified refusal
can be directed by an appropriate centralized religious organization.
If an employer - a religious organization refuses to join
regional minimum wage agreement manager
authorized executive body of the constituent entity of the Russian Federation has
the right to invite representatives of a given religious organization and (or)
representatives of a centralized religious organization, in the structure of which
this religious organization is included for consultation.
Article 346. Material liability of employees of religious organizations
GUARANTEE:

See comments on article 346 of the Labor Code of the Russian Federation
An agreement may be concluded with an employee of a religious organization on full
material liability in accordance with the list determined by the internal
by the regulations of the religious organization.
Article 347. Termination of an employment contract with a religious worker
organization
GUARANTEE:

Cm. Encyclopedias and other comments on article 347 of the Labor Code of the Russian Federation
In addition to the grounds provided for by this Code, employment contract with
an employee of a religious organization may be terminated on the grounds
stipulated by the employment contract.
Terms of warning an employee of a religious organization about dismissal by
the grounds provided for by the employment contract, as well as the procedure and conditions
providing these workers with guarantees and compensations related to such
dismissal, are determined by the employment contract.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 348 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition

Page 250

Article 348. Consideration of individual labor disputes of employees
religious organizations
GUARANTEE:

See comments on article 348 of the Labor Code of the Russian Federation
Individual labor disputes not resolved independently
an employee and a religious organization as an employer are considered in court.
Information about changes:

Federal Law No. 13-FZ of February 28, 2008 supplemented this Code
Chapter 54.1, effective March 30, 2008.

Chapter 54.1. Features of labor regulation of athletes and coaches
GUARANTEE:

Cm. commentary on chapter 54.1 of the Labor Code of the Russian Federation
On the application by courts of legislation regulating the work of athletes and coaches,
see the resolution of the Plenum of the Supreme Court of the Russian Federation of November 24, 2015 N 52
See Review of the practice of judicial review of cases in disputes arising from labor
legal relations of athletes and coaches, approved by the Presidium of the Supreme
Courts of the Russian Federation on July 8, 2015
Information about changes:

Federal Law of February 29, 2012 N 16-FZ into Article 348.1 of this
The Code has been amended to come into force on July 1, 2012.
See the text of the article in the previous edition
Article 348.1. General Provisions
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 348.1 of the Labor Code of the Russian Federation
The provisions of this chapter govern labor relations with employees,
whose job function is to prepare for sports competitions and participate
in sports competitions in a certain kind or kinds of sports (hereinafter athletes), as well as with employees whose job function is to carry out
with athletes training activities and exercising leadership
competitive activity of athletes to achieve sports results
(hereinafter referred to as coaches).
The employers may be persons identified in parts three and
the fourth article 20 of this Code, with the exception of employers - individuals
persons who are not individual entrepreneurs.
The specifics of the regulation of the work of athletes, coaches are established
labor legislation and other regulatory legal acts containing
labor law, collective bargaining agreements, agreements, and
local regulations adopted by employers in accordance with
the requirements of Article 8 of this Code, taking into account the norms approved by
all-Russian sports federations, and the views of the elected body of the primary
trade union organization.
Features of the regulation of the work of athletes, coaches, who, in accordance
with Article 252 of this Code may be established exclusively by this
The Code, as well as the cases and procedure for establishing such features by other acts,
containing the norms of labor law are determined by this chapter.

Page 251

Features of the working time of athletes, coaches, attracting them to
overtime work, night work, weekends and non-working holidays,
as well as the peculiarities of remuneration of athletes, coaches at night, on weekends and
non-working holidays may be established by collective agreements,
соглашениями, локальными нормативными актами.
Information about changes:

Article 348.2 amended from January 9, 2018 - Federal Law of December 29, 2017 No.
N 461-FZ
See previous edition
Article 348.2. Features of the conclusion of employment contracts with athletes, with
trainers
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 348.2 of the Labor Code of the Russian Federation
By agreement of the parties, athletes may be contracted as labor
contracts for an indefinite period, and fixed-term employment contracts.
Fixed-term employment contracts may be concluded by agreement of the parties with
coaches recruited for the purpose of conducting with athletes
training activities and the implementation of the leadership of the competitive
activities of athletes to achieve sports results in
professional sports, as well as with the coaches of sports teams.
In addition to the conditions established by part two of Article 57 of this Code,
mandatory for inclusion in an employment contract with an athlete are the conditions on:
the employer's obligation to ensure that training activities are carried out and
participation of an athlete in sports competitions under the guidance of a coach (coaches);
the athlete's duty to comply with the sports regimen established
employer, and fulfill plans for preparing for sports competitions;
the athlete's obligation to take part in sports competitions only
as directed by the employer;
the athlete's obligation to comply with the All-Russian Anti-Doping Rules and
anti-doping rules approved by international anti-doping
organizations to undergo doping control;
the athlete's responsibility to provide information about his whereabouts in
in accordance with the all-Russian anti-doping rules in order to conduct
doping control;
providing the employer with life and health insurance for the athlete, as well as
health insurance for the athlete to receive additional
medical and other services in excess of the mandatory programs established
health insurance with an indication of the terms of these types of insurance.
In addition to the conditions established by part two of Article 57 of this Code,
mandatory for inclusion in an employment contract with a coach is the condition of
the coach's obligations to comply with the All-Russian Anti-Doping Rules and
anti-doping rules approved by international anti-doping
organizations, take measures to prevent violations of the specified
anti-doping rules by the athlete (s).
In an employment contract with an athlete, with a coach, in addition to additional
conditions that do not worsen the position of the employee in comparison with the established labor
legislation and other regulatory legal acts containing norms
labor law, collective agreement, agreements, local regulatory

Page 252

acts (part four of Article 57 of this Code) may be provided for
additional conditions :
on the consent of the athlete, coach for the employer to transfer their personal
data, a copy of the employment contract with the All-Russian Sports Federation for
the corresponding sport or types of sport, and in the case of the inclusion of an athlete, a coach in
the composition of the sports team of the Russian Federation - also for the transfer of a copy
an employment contract with the federal executive body carrying out
functions of public policy and regulatory
regulation in the field of physical culture and sports;
on the duty of an athlete, a coach to use a sports
equipment provided by the employer;
on the obligation of the athlete, coach to comply with the provisions (regulations) on

sports competitions in the part directly related to labor
activities of an athlete, coach;
about the duty of an athlete, a coach to warn the employer about termination
labor contract on their initiative (of their own free will) within the period established
an employment contract, in the cases provided for by Article 348.12 of this Code;
on the procedure for the athlete to make a monetary payment in favor of the employer
upon termination of an employment contract in the cases provided for in Article 348.12
of this Code, and the amount of the specified payment.
Employers are obliged both upon hiring and during the period of validity
the employment contract to acquaint athletes, coaches against signature with the norms,
approved by all-Russian sports federations, rules
relevant sports, provisions (regulations) on sports
competitions, All-Russian Anti-Doping Rules and Anti-Doping
rules approved by international anti-doping organizations,
terms of agreements between the employer and sponsors (partners), advertisers,
organizers of sports events and all-Russian sports
federations in the part directly related to work
athletes, coaches. To acquaint athletes, coaches with the specified norms,
rules, regulations (regulations) and conditions in part, directly
associated with their participation in sports events as part of a sports team
teams of the Russian Federation, the All-Russian Sports Federation is obliged to
the appropriate sport or sports.
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 348.3 of this
Code changed
See the text of the article in the previous edition
Article 348.3. Medical examinations of athletes
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 348.3 of the Labor Code of the Russian Federation
When concluding an employment contract, athletes are subject to mandatory
preliminary medical examination .
During the period of validity of the employment contract, athletes undergo compulsory
periodic medical examinations in order to determine the suitability for the performance
assigned work and prevention of occupational diseases and sports
injury.
The employer is obliged to organize the conduct at his own expense

Page 253

mandatory preliminary (when applying for a job) and periodic (during
labor activity, but at least once a year) medical examinations
athletes, extraordinary medical examinations of athletes at their request in
compliance with medical recommendations while maintaining their place of work
(positions) and average earnings at the time of passing these medical
inspections. Athletes are required to undergo the specified medical examinations, follow
medical advice.
Article 348.4. Temporary transfer of an athlete to another employer
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 348.4 of the Labor Code of the Russian Federation
In cases where the employer is unable to ensure participation
an athlete in sports competitions, it is allowed by agreement between
employers temporary transfer of an athlete with his written consent to another
employer for a period not exceeding one year.
For the period of temporary transfer, the employer at the place of temporary work
concludes a fixed-term employment contract with the athlete in accordance with the requirements
Article 348.2 of this Code.
For the period of temporary transfer of the athlete to another employer, the action
the originally concluded employment contract is suspended, that is, the parties
suspend the exercise of the rights and obligations established by the labor
legislation and other regulatory legal acts containing norms
labor law, local regulations, as well as the exercise of rights and
obligations arising from the terms of the collective agreement, agreements, labor
contract, with the exception of the rights and obligations established by part two of article and
348.7 of this Code. In this case, the course of the validity period is initially
the concluded employment contract is not interrupted. After the expiration of the temporary
transfer of an athlete to another employer originally concluded labor
the contract is valid in full.
During the period of temporary transfer to the athlete and to the employer at the place
temporary work is fully subject to the rules established
labor legislation and other acts containing labor law norms, with
features established by this chapter.
The employer at the place of temporary work does not have the right to transfer the athlete
to another employer.
In case of early termination of an employment contract concluded for a period
temporary transfer of an athlete to another employer, for any of the reasons,
provided by this Code, the originally concluded employment contract
is valid in full from the next business day after the calendar date, from
which is associated with the termination of an employment contract concluded for a period
temporary transfer.
If, after the expiration of the period of temporary transfer to another employer, the athlete
continues to work for the employer at the place of temporary work and neither the athlete nor
the employer at the place of temporary work, nor the employer with whom the
an employment contract is concluded, do not require termination of an employment contract concluded
for the period of temporary transfer, and renewal of the original prisoner
employment contract, the originally concluded employment contract is terminated and
validity of an employment contract concluded for the period of temporary transfer,
extended for a period determined by agreement of the parties, and in the absence of such
agreements - for an indefinite period.

Page 254

Information about changes:

Federal Law of February 29, 2012 N 16-FZ into Article 348.5 of this
The Code has been amended to come into force on July 1, 2012.
See the text of the article in the previous edition
Article 348.5. Removal of an Athlete from Participation in Sports Competitions
GUARANTEE:

See comments on Article 348.5 of the Labor Code of the Russian Federation
The employer is obliged to remove the athlete from participating in sports
competitions in the following cases:
1) sports disqualification of an athlete;
2) the requirement of the All-Russian Sports Federation for the corresponding type
or sports presented in accordance with the norms approved by this
federation.
The employer removes the athlete from participating in sports competitions for
the entire period until the elimination of the circumstances that were the basis for the suspension.
During the period of suspension of an athlete from participating in sports competitions
the employer ensures his participation in training and other activities for
preparation for sports competitions with the preservation of part of his earnings in
the amount determined by the employment contract, but not less than that established by article 155
of this Code.
Information about changes:

Federal Law No. 136-FZ of July 28, 2012 into Article 348.6 of this Code
changes made
See the text of the article in the previous edition
Article 348.6. Sending athletes, coaches to sports teams
Russian Federation
GUARANTEE:

Cm. Encyclopedias and other comments on article 348.6 of the Labor Code of the Russian Federation
Employers are obliged to call (applications) all-Russian sports
federations to send athletes, coaches with their written consent to sports
national teams of the Russian Federation to participate in training and other
events in preparation for sports competitions and in international
official sporting events as part of the indicated teams.
During the absence of an athlete, coach during the period of labor
contracts at the workplace in connection with travel to the location of the sports
the national team of the Russian Federation and back, as well as in connection with participation in
sports events as part of the specified team for the athlete, coach
the place of work (position) and average earnings are retained.
Travel expenses of an athlete, coach to the location of the sports
the national team of the Russian Federation and back, other costs associated with their
participation in sports events as part of the specified team are reimbursed in
the procedure provided for by federal laws , other regulatory legal
acts of the Russian Federation, norms approved by the all-Russian
sports federations.
Article 348.7. Features of the work of an athlete, part-time coach
GUARANTEE:

Page 255

Cm. Encyclopedias, positions of higher courts and other comments on Article 348.7 of the Labor Code of the Russian Federation
An athlete, a coach have the right to work part-time for another
employer as an athlete or coach only with the permission of the employer
main place of work.
During the temporary transfer of the athlete to another employer ( Article 348.4
of this Code), a permit for part-time work must be obtained
both at the employer at the place of temporary work and at the employer with whom
an employment contract was originally signed.
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 348.8 of this
Code changed
See the text of the article in the previous edition
Article 348.8. Features of labor regulation of athletes under the age of
eighteen years old
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 348.8 of the Labor Code of the Russian Federation
The provisions of this Code that determine the cases and procedure for conclusion
employment contracts with persons under the age of eighteen years, as well as conditions
the use of their labor, apply to labor relations with athletes in
under eighteen years of age with the features established by this article.
Duration of daily work for athletes under age
eighteen years old, may be established by collective agreements, agreements,
local regulations, subject to compliance with the maximum weekly
the duration of the working time established by the first part of Article 92
of this Code.
Sending on business trips, engaging in overtime work,
work at night, on weekends and non-working holidays of athletes, not
who have reached the age of eighteen, are allowed in cases and in the manner that
provided for by labor laws and other regulatory legal
acts containing labor law norms, collective agreements,
agreements, local regulations, employment contract.
During participation in sporting events, it is allowed to exceed
an athlete under the age of eighteen, the maximum permissible norms
loads when lifting and moving weights manually, set in accordance
with this Codeif necessary according to the preparation plan
an athlete for sports competitions and the applied loads are not prohibited to him by
state of health in accordance with a medical report.
Conclusion of an employment contract with an athlete who has not reached the age of
fourteen years old, allowed with the consent of one of the parents (guardian), as well as with
permission of the guardianship and trusteeship authority, issued on the basis of
preliminary medical examination, the procedure for which is determined
a federal body authorized by the Government of the Russian Federation
executive power. An employment contract on behalf of the employee in this case
signed by his parent (guardian). In the permission of the guardianship and trusteeship authority
the maximum permissible duration of daily work is indicated
an athlete under the age of fourteen, and other conditions in which he
can perform work without prejudice to his health and moral development.

Page 256

In the event of a temporary transfer of an athlete under the age of eighteen
years, to another employer (article 348.4 of this Code) employment contract with him
at the place of temporary work is in the manner prescribed by this
The Code for the conclusion of employment contracts with employees of the relevant
age.
Article 348.9. Features of labor regulation of women-athletes
GUARANTEE:

See comments on article 348.9 of the Labor Code of the Russian Federation
During participation in sporting events, it is allowed to exceed
a female athlete of the maximum permissible norms of loads when lifting and
manual movement of weights established in accordance with this Code,
if necessary in accordance with the training plan for the female athlete to
sports competitions and the applied loads are not prohibited by her due to
health in accordance with a medical opinion.
Information about changes:

Federal Law No. 317-FZ of November 25, 2013 into Article 348.10 of this
Code changed
See the text of the article in the previous edition
Article 348.10. Additional guarantees and compensations for athletes, coaches
GUARANTEE:

See Encyclopedias , positions of higher courts and other comments on Article 348.10 of the Labor Code
RF
The employer is obliged to provide athletes at his own expense,
coaches with sports equipment, sports equipment and supplies, other
material and technical means necessary for the implementation of their labor
activities, as well as maintain the specified equipment, equipment, inventory and
means in a condition suitable for use. Logistics
provision of sports teams of the Russian Federation at the expense of
the federal budget is carried out in the manner prescribed by the Government
Russian Federation.
GUARANTEE:

See the Procedure for material and technical support, including provision
sports equipment, scientific, methodological and anti-doping support
sports teams of the Russian Federation at the expense of the federal budget,
approved by order of the Ministry of Sports and Tourism of Russia dated May 27, 2010 N 525
Athletes, coaches are provided with an annual additional
paid leave, the duration of which is determined by the collective
contracts, local regulations, employment contracts, but not less
four calendar days.
The employer is obliged during the period of temporary disability of the athlete,
caused by a sports injury he received while performing his duties
employment contract, at their own expense to make him an additional payment to the allowance
for temporary incapacity for work up to the size of the average earnings in the case when
the amount of the specified allowance is lower than the athlete's average earnings and the difference between
the amount of the specified allowance and the amount of average earnings are not covered
insurance payments for additional insurance of the athlete, carried out
employer.

Page 257

The non-inclusion of an athlete by the employer in the application for participation in the sports
competition, including due to the fact that the athlete does not meet the requirements,
established by the organizer of the sporting event is not a basis for
reduction of the athlete's salary. In these cases, the employer is obliged
ensure the participation of the athlete in training and other activities to prepare for
sports competitions.
Collective agreements, agreements, local regulations,
employment contracts may provide conditions for additional guarantees and
compensation to athletes, coaches, including:
on carrying out restorative measures to improve health
an athlete;
about guarantees to the athlete in the event of his sports disqualification;
on the amount and procedure for payment of additional compensation in connection with the move
to work in another area;
on the provision of food at the expense of the employer;
about social and consumer services;
on the provision of an athlete, coach and members of their families with living quarters at
the period of validity of the employment contract;
on reimbursement of transportation costs;
on additional medical support;
about additional cash payments to the athlete in cases of
temporary incapacity for work or complete disability during the period of validity
labor contract;
on payment by the employer for training an athlete in organizations that provide
educational activities;
supplementary pension insurance.
Article 348.11. Additional grounds for terminating an employment contract with
athlete
GUARANTEE:

See Encyclopedias , positions of higher courts and other comments on Article 348.11 of the Labor Code
RF
In addition to the grounds provided for by this Code and other
federal laws, grounds for termination of an employment contract with
an athlete can be:
1) sports suspension for a period of six months or more;
Information about changes:

Federal Law No. 146-FZ of June 17, 2011, Clause 2 of Article 348.11 of this
Of the Code is set out in a new edition
See the text of the paragraph in the previous edition
2) violation by an athlete, including one-time, all-Russian
anti-doping rules and / or anti-doping rules approved by
international anti-doping organizations, found to be a violation of
the decision of the relevant anti-doping organization.
Information about changes:

The Code was supplemented by Article 348.11-1 from January 9, 2018 - Federal Law of 29
December 2017 N 461-FZ
Article 348.11-1. Additional grounds for terminating an employment contract with

Page 258

trainer
GUARANTEE:

Cm. comments on article 348.11-1 of the Labor Code of the Russian Federation
Beyond the groundsstipulated by this Code and other
federal laws, the employment contract with the coach is terminated due to
violations by the coach, including one-off, all-Russian anti-doping
rules and (or) anti-doping rules approved by international
anti-doping organizations found to be in violation by decision
the relevant anti-doping organization.
Information about changes:

Federal Law of July 28, 2012 N 136-FZ into Article 348.12 of this
Code changed
See the text of the article in the previous edition
Article 348.12. Features of termination of an employment contract with an athlete, with
trainer
GUARANTEE:

See Encyclopedias , positions of higher courts and other comments on Article 348.12 of the Labor Code
RF
An athlete, a coach has the right to terminate an employment contract at their own
initiative (of their own free will), notifying the employer about this in
in writing not later than one month, unless
the employment contract is concluded for a period of less than four months.
In employment contracts with certain categories of athletes, coaches may
conditions should be provided for the obligation of athletes, coaches to warn
employers to terminate employment contracts on their initiative (on their own
desire) within a period exceeding one month, if the norms approved
all-Russian sports federations for the corresponding type or types
sports, for these categories of athletes, coaches there are restrictions on the transition
(conditions of transfer) to other sports clubs or other physical culture and sports
organizations that provide for transition warning periods exceeding
one month. The length of the notice period for termination of employment
contract at their own request is determined by the parties to the employment contract in
in accordance with the norms approved by the all-Russian sports federations
for the relevant sport or sports.
GUARANTEE:

See the list of sports for which the all-Russian sports federations are
the respective kind or kinds of sport have the right to approve the norms establishing
transition restrictions (transition conditions) of certain categories of athletes, coaches
to other sports clubs or other physical culture and sports organizations,
approved by order of the Ministry of Sports of Russia dated December 13, 2019 N 1057
An employment contract with an athlete may include a condition on
the athlete's obligation to pay the employer a monetary payment in the event of
termination of the employment contract on the initiative of the athlete (at his own request)
for no good reason, as well as in the event of termination of an employment contract under
the employer's initiative on grounds that are disciplinary
penalties (part three of Article 192 of this Code).
The amount of the monetary payment provided for in part three of this article,
is determined by the employment contract.

Page 259

The athlete is obliged to make a monetary payment in favor of the employer,
provided for in part three of this article, within two months from the date
termination of the employment contract, unless otherwise provided by the employment contract.
Information about changes:

Chapter 54.1 is supplemented by Article 348.13 from August 11, 2020 - Federal Law of 31
July 2020 N 246-FZ
Article 348.13. Features of consideration of individual labor disputes
athletes, coaches in professional sports and sports of the highest
achievements
Individual labor disputes of athletes, coaches in the professional
sports and elite sports (hereinafter - individual labor disputes
athletes, coaches) are considered by labor dispute commissions and courts, and
can also be transferred by arbitration agreement between the employer and
athlete, coach in arbitration (arbitration), administered
a permanent arbitral institution established in accordance with
the legislation of the Russian Federation on arbitration (arbitration proceedings)
and with the features established by the legislation on physical culture and
sports.
Individual labor disputes of athletes, coaches are transferred to
consideration in arbitration (arbitration), administered on a permanent basis
acting arbitral institution specified in part one of this article,
if there is between the employer and the athlete or the coach of the arbitration
agreements on the transfer to arbitration (arbitration) of individual
labor disputes that have arisen or may arise between the parties to the labor
contract. This arbitration agreement may be entered into by the employer and
by an athlete or coach in writing at the same time as their conclusion
employment contract, during the period of validity of the specified employment contract, as well as when
the occurrence of individual labor disputes between athletes, coaches at any time
pending the adoption by the court of first instance of the judgment, which ends
consideration of the case on the merits. In this case, before the conclusion of the arbitration agreement
athletes, coaches must be familiarized with the rules of arbitration against their signature
(arbitration), in which the transfer of their individual
labor disputes, including the procedure for payment of expenses related to the resolution
specified disputes.
In arbitration (arbitration proceedings) administered on a permanent basis
acting arbitral institution specified in part one of this article,
individual labor disputes of athletes, coaches on a claim
a statement from an employer, athlete, coach or trade union,
representing the interests of the athlete or coach.
Arbitration (arbitration) rules of individual labor
disputes between athletes, coaches are approved by a non-profit organization, with
which created a permanent arbitration institution that administers
arbitration (arbitration) of disputes in professional sports and sports
the highest achievements, in agreement with the trade union uniting
physical culture and sports workers and being a party to the industry
agreement concluded with the federal executive authority in the area
physical culture and sports.

Page 260

Chapter 55. Features of labor regulation of other categories of workers

Information about changes:

Federal Law No. 145-FZ of June 4, 2014 into Article 349 of this Code
amended, effective from January 1, 2017
See the text of the article in the previous edition
Article 349. Regulation of the labor of persons working in the organizations of the Armed
Forces of the Russian Federation, federal executive bodies
and federal government agencies in which legislation
The Russian Federation provides for military service, as well as
workers performing alternative military service
civil service
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 349 of the Labor Code of the Russian Federation
For employees who have entered into an employment contract for work in military units,
institutions, military educational institutions of higher education and military
professional educational organizations, other organizations of the Armed
Forces of the Russian Federation, federal executive bodies and
federal state bodies in which the legislation of the Russian
The Federation provides for military service, as well as for workers undergoing
alternative civilian service substituting military serviceare distributed
labor legislation and other acts containing labor law norms, with
features established by this Code, other federal
laws and other regulatory legal acts of the Russian Federation.
In accordance with the tasks of the bodies, institutions and organizations specified in part
the first of this article, special payment terms are established for employees
labor, as well as additional benefits and benefits.
Information about changes:

Federal Law No. 236-FZ of July 3, 2016 into Article 349.1 of this Code
changes have been made that take effect ninety days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 349.1. Features of labor regulation of state employees
corporations, public companies, public companies
GUARANTEE:

Cm. Encyclopedias and other comments on article 349.1 of the Labor Code of the Russian Federation
An employee of a public corporation, public company or
a state-owned company in cases and in accordance with the procedure established by the Government
Of the Russian Federation, is obliged:
1) provide information about their income, expenses, property and obligations
property and income, expenses, property and liabilities
property character of his spouse and minor children;
2) inform the employer about personal interest in the performance
work responsibilities that may lead to a conflict of interest, accept
measures to prevent such a conflict.
For the purposes of this Code, the term "personal
interest ", established by the legislation of the Russian Federation on

Page 261

anti-corruption.
For the purposes of this Code, the concept of "conflict of interest" is used,
established by the legislation of the Russian Federation on counteraction
corruption.
An employee of a state corporation, state company, public
legal company in the cases established by the Government of the Russian Federation,
prohibited:
1) participate in the activities of the management and control bodies of the commercial
organizations, with the exception of participation with the consent of the highest governing body
public corporation, public company or public law
companies;
2) carry out entrepreneurial activity;
3) be an attorney or a representative for third parties in the state
corporation, public company or public company, for
excluding the implementation of such activities with the consent of the highest management
public corporation, public company or public law
companies;
4) receive, in connection with the performance of labor duties, remuneration from
other legal entities, individuals (gifts, monetary remuneration, loans,
services, payment for entertainment, recreation and other remuneration), with the exception of
performance awards in the case provided for in clause 1 of this part,
functions of members of management and control bodies of a commercial organization and
reimbursement of travel expenses related to the performance of such functions;
5) use for purposes not related to the performance of labor duties,
property of a public corporation, public company or public
legal company, as well as transfer it to other persons;
6) to disclose or use information classified by law
Of the Russian Federation to information of a confidential nature, or official
information, as well as information that became known to him in connection with the performance
job responsibilities;
7) accept awards from foreign states, international organizations,
honorary and special titles (with the exception of scientific titles) without written
permission of the employer's representative;
8) use official powers in the interests of political parties,
other public associations, religious associations and other
the object of activity of a public corporation, a public company or
public company organizations;
9) create in a state corporation, state company, or
public company structure of political parties, other public
associations (with the exception of trade unions, veterans' and other bodies
public initiative) and religious associations or promote
the creation of these structures;
10) be a member of management bodies, trustees or supervisory bodies
councils, other bodies of foreign non-profit non-governmental organizations
and their structural subdivisions operating on the territory of the Russian Federation;
11) engage in paid employment without the written permission of the employer
activities financed exclusively by foreign funds
states, international and foreign organizations, foreign citizens, persons without
citizenship, unless otherwise provided by an international treaty of the Russian
Federation or the legislation of the Russian Federation.

Page 262

An employee of a public corporation, public company or public
legal company, his spouse and minor children in cases
stipulated by federal law, it is forbidden to open and have accounts
(deposits), keep cash and valuables in foreign banks,
located outside the territory of the Russian Federation, own and (or)
use foreign financial instruments.
Information about changes:

Federal Law No. 347-FZ of July 3, 2016 into Article 349.2 of this Code
changes made
See the text of the article in the previous edition
Article 349.2. Features of labor regulation of employees of the Pension Fund
Of the Russian Federation, the Social Insurance Fund of the Russian
Federation, Federal Compulsory Medical Fund
insurance, other organizations created by the Russian Federation on
the basis of federal laws, organizations created for
fulfillment of tasks assigned to federal state
bodies
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 349.2 of the Labor Code of the Russian Federation
For employees of the Pension Fund of the Russian Federation, the Social
insurance of the Russian Federation, the Federal Compulsory Medical Fund
insurance, other organizations created by the Russian Federation on the basis of
federal laws, organizations created to carry out the tasks set
before federal state bodies, in cases and in the manner that
established by the Government of the Russian Federation, restrictions apply,
prohibitions and obligations established by the legislation of the Russian Federation on
anti-corruption.
Employees of the Pension Fund of the Russian Federation, the Social
insurance of the Russian Federation, the Federal Compulsory Medical Fund
insurance, other organizations created by the Russian Federation on the basis of
federal laws, their spouses and minor children in cases
stipulated by federal law, it is forbidden to open and have accounts
(deposits), keep cash and valuables in foreign banks,
located outside the territory of the Russian Federation, own and (or)
use foreign financial instruments.
Information about changes:

Article 349.3 amended from August 13, 2020 - Federal Law of July 13, 2020 N
210-FZ
See previous edition
Article 349.3. Limiting the size of severance pay, compensation and other
payments in connection with the termination of employment contracts for certain
categories of workers
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 349.3 of the Labor Code of the Russian Federation
This article applies to the following categories
workers:
managers, their deputies, chief accountants and concluded labor

Page 263

agreements are members of collegial executive bodies of state corporations,
state-owned companies, as well as business entities, more than fifty
percent of shares (stakes) in the authorized capital of which is in the state or
municipal property;
heads, their deputies, chief accountants of state
off-budget funds of the Russian Federation, territorial funds of mandatory
health insurance, state or municipal institutions,
state or municipal unitary enterprises.
In the case of payments to employees whose categories are indicated in part one
of this article, compensation provided for in article 181 or 279 of this
Of the Code, these compensation are paid in the amount of three times the average
monthly earnings.
Termination agreements in accordance with Article 78
of this Code with employees whose categories are indicated in part one
of this article may not contain conditions for the payment of severance pay to the employee,
compensation and (or) the appointment of any other payments to the employee in any form.
Upon termination of employment contracts with employees whose categories are indicated
in the first part of this article, according to any established by this Code,
other federal laws on the basis of the aggregate amount paid by this
employees of severance pay, compensation and other payments in any form, including
compensations specified in part two of this article and severance pay,
provided for by an employment contract or collective agreement in accordance with
part eight of Article 178 of this Code, cannot exceed three times
the average monthly earnings of these workers.
When determining the aggregate amount specified in part four of this article
the amount of payments to the employee does not take into account the amount of the following payments:
the salary due to the employee;
average earnings saved in cases of sending an employee to the service
a business trip, referral of an employee to vocational training or
additional professional education while away from work, in other cases,
in which, in accordance with labor legislation and other acts containing
labor law, the employee retains the average earnings;
reimbursement of expenses related to business trips and expenses for
moving to work in another area;
monetary compensation for all unused vacations ( Article 127 of this
Code);
average monthly earnings for the period of employment and (or) a one-time
compensation paid in the amount and in the manner established by Articles 178 and

318 of this Code.
Information about changes:

Federal Law No. 84-FZ of May 1, 2017 into Article 349.4 of this Code
changes have been made that take effect forty-five days after the day
the official publication of the named Federal Law
See the text of the article in the previous edition
Article 349.4. Features of labor regulation of certain categories of workers
credit institutions
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 349.4 of the Labor Code of the Russian Federation

Page 264

If, within six months prior to the date of approval of the Bank's participation plan
Russia or the participation plan of the state corporation "Insurance Agency
deposits "(hereinafter - the Agency) in the implementation of measures to prevent bankruptcy
bank the amount of remuneration of the head of the bank in respect of whom
or the Agency is taking measures to prevent bankruptcy, its
deputies, members of the collegial body of the bank, chief accountant, his
deputies, head of a bank branch, his deputies, chief accountant
the branch established by the employment contract concluded with such persons was
increased compared to the amount of remuneration that existed before
the specified period, the terms of the employment contract that change the amount of remuneration,
cease to be effective from the date of approval of the plan of participation of the Bank of Russia or
Agencies in the implementation of measures to prevent bank bankruptcy.
GUARANTEE:

See the sample form of the Plan for the participation of the state corporation "Agency for
deposit insurance "in the implementation of bankruptcy prevention measures,
approved by the decision of the Board of the State Corporation "Agency for
deposit insurance "dated May 28, 2015 (Minutes No. 63, Section IV)
In case of approval of the Bank of Russia participation plan or the Agency's participation plan in
the implementation of measures to prevent the bankruptcy of the bank to the persons specified in
part one of this article, payment of severance pay, compensation and other payments
in connection with the termination of the employment contract (including at the initiative of the employee or
by agreement of the parties) provided for by labor legislation, collective
contract, agreements, local regulations, employment contracts in
part in excess of the minimum amount of payments provided for in Article 181
of this Code is not produced.
In case of revocation (cancellation) of the banking license
operations of the employer - credit institution idle time of employees
paid according to Part 2 of Article 157 of this Code.
In case of approval of a plan for the Bank of Russia participation in the implementation of measures to
prevention of bank bankruptcy employer's obligations arising from
labor relations and are incentive payments (additional payments and allowances
incentives, bonuses and other incentive payments) are terminated
before persons holding the positions of the sole executive body, his
deputies, members of the collegial executive body, chief accountant,
deputy chief accountant of the bank, head, chief accountant of the branch
bank, members of the board of directors (supervisory board) of the bank, before
the persons controlling the bank, determined in accordance with the legislation on
bankruptcy.
Information about changes:

Federal Law No. 347-FZ of July 3, 2016 supplemented this Code with article
349.5
Article 349.5. Placement of information on the average monthly salary
heads, their deputies and chief accountants of organizations in
information and telecommunication network "Internet"
GUARANTEE:

Cm. comments on article 349.5 of the Labor Code of the Russian Federation
Information on the average monthly wage calculated for a calendar year
board of directors, their deputies and chief accountants of state

Page 265

off-budget funds of the Russian Federation, territorial funds of mandatory
health insurance, state and municipal institutions,
state and municipal unitary enterprises are located in
information and telecommunication network "Internet" on the official sites
state bodies, local governments, organizations,
performing the functions and powers of the founder of the respective funds,
institutions, enterprises, unless otherwise provided by this Code, other
federal laws, other regulatory legal acts of the Russian
Federation.
The information provided for in part one of this article may be
decision of state bodies, local authorities, organizations,
performing the functions and powers of the founder specified in part one
of this article of funds, institutions, enterprises, placed in the information
telecommunication network "Internet" on the official websites of the said funds,
institutions, enterprises.
As part of the information posted on the official sites, provided
part one of this article, it is prohibited to indicate data allowing
determine the place of residence, postal address, telephone and other individual
means of communication of the persons specified in part one of this article, as well as
information classified as a state secret or confidential information
character.
The procedure for posting information about calculated for a calendar year
the average monthly salary of the persons specified in part one of this article, and
submission of this information by these persons is established by the regulatory
legal acts of the Russian Federation, regulatory legal acts of subjects
Of the Russian Federation, regulatory legal acts of local authorities
self-government, unless otherwise provided by this Code, other
federal laws and other regulatory legal acts of the Russian
Federation.
Information about changes:

Article 350 amended from October 1, 2017 - Federal Law of July 29, 2017 N 256FZ
See previous edition
Article 350. Some features of the regulation of the work of medical
workers
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 350 of the Labor Code of the Russian Federation
Reduced duration is set for healthcare professionals
working hours no more than 39 hours per week. Depending on the position and (or)
specialties working hours of medical workers
determined by the Government of the Russian Federation.
Medical workers of healthcare organizations living and
working in rural areas and in urban-type settlements, duration
part-time work may increase by decision of the Government
Of the Russian Federation, adopted taking into account the opinion of the corresponding all-Russian
the trade union and the all-Russian association of employers.
Certain categories of medical workers can be provided with
annual additional paid leave. Duration

Page 266

additional leave is established by the Government of the Russian Federation.
In order to implement the program of state guarantees for the provision of free
citizens of medical care in an emergency or emergency medical
workers of medical organizations, with their consent, may be on duty
at home.
Watch at home - stay of a medical professional medical
organizing a home while waiting for a call to work (to provide medical assistance in
emergency or urgent form).
Taking into account the time actually worked by a medical worker
medical organization, the time of duty at home is taken into account in the amount of one
second hour of working time for each hour of duty at home. General
working hours of a medical worker
organizations, taking into account the time of duty at home, should not exceed the norm of the worker
time of a medical worker of a medical organization for an appropriate
period.
Features of the working hours and working time accounting when
on duty at home by medical workers of medical organizations
are established by the federal executive body exercising
функции по выработке государственной политики и нормативно-правовому
health regulation.
Positions of heads, deputy heads of medical
organizations subordinate to federal executive bodies, bodies
executive power of the constituent entities of the Russian Federation or local authorities
local governments, heads of branches of medical organizations,
subordinate to federal executive bodies, are replaced by persons in
the age of not older than sixty-five years, regardless of the period of validity of labor
contracts. Persons holding these positions and who have reached the age of sixty
five years, are transferred with their written consent to other positions corresponding to
their qualifications.
The founder has the right to extend the term of office of the employee,
holding the position of the head of a medical organization subordinate to
the federal executive body, the executive body of the subject
Of the Russian Federation or a local government body, until it reaches
the age of seventy years as advised by the general meeting (conference) of employees
the specified medical organization.
Head of a medical organization subordinate to the federal body
executive authority, executive authority of the constituent entity of the Russian Federation
or local government, has the right to extend the period of stay in
position of an employee holding the position of deputy head of the specified
medical organization or the position of the head of a branch of a medical
organizations subordinate to the federal executive body, up to
reaching the age of seventy years in the manner prescribed by the charter
medical organization.
In addition to the grounds provided for by this Code and other
federal laws, the basis for the termination of an employment contract with
head, deputy head of a medical organization,
subordinate to the federal executive body, body
executive power of the constituent entity of the Russian Federation or local authority
local government, the head of a branch of a medical organization subordinated to
to the federal executive body, is to achieve the maximum

Page 267

age to fill the relevant position in accordance with this
article.
Information about changes:

Federal Law No. 13-FZ of February 28, 2008 into Article 351 of this
The Code has been amended to come into force on March 30, 2008.
See the text of the article in the previous edition
Article 351. Regulation of labor of creative workers of mass media
information, organizations of cinematography, television and video filming
collectives, theaters, theater and concert organizations, circuses and
other persons participating in the creation and (or) performance (exhibiting)
works
GUARANTEE:

Cm. Encyclopedias and other comments on Article 351 of the Labor Code of the Russian Federation
Features of labor regulation of creative workers of the mass media
информации, организаций кинематографии, теле- и видеосъемочных коллективов,
театров, театральных и концертных организаций, цирков и иных лиц, участвующих в
creation and (or) performance (display) of works, in particular
regulation of working hours and rest time (including breaks
technological and (or) organizational nature, the duration of the daily
work (shift), work at night, weekends and non-working holidays),
wages, in accordance with Article 252 of this Code are established
labor legislation and other regulatory legal acts containing
labor law norms, collective agreements, agreements, local
regulations, and in the cases provided for in Articles 94, 96 , 113 ,153, 157 and 268
of this Code, as well as labor contracts.
Information about changes:

Federal Law No. 237-FZ of July 13, 2015 into Article 351.1 of this Code
changes made
See the text of the article in the previous edition
Article 351.1. Restrictions on employment in the sphere
education, upbringing, development of minors, their organization
recreation and health improvement, medical care, social protection and
social services, in the field of youth sports, culture
and arts involving minors
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 351.1 of the Labor Code of the Russian Federation
To labor activity in the field of education, upbringing, development
minors, organization of their recreation and health improvement, medical
provision, social protection and social services, in the field of children
youth sports, culture and art with the participation of minors are not
persons who have or have had a criminal record are allowed, as well as those who have been
criminal prosecution (with the exception of persons, criminal prosecution against
terminated on exonerating grounds) for the crimes specified in
paragraphs three and four of part two of Article 331 of this Code, for
except for the cases provided for in part three of this article.
Along with the cases specified in Article 76 of this Code, the employer
is obliged to suspend from work (not allow to work) an employee in the field of education,

Page 268

education, development of minors, organization of their recreation and health improvement,
medical care, social protection and social services, in the field
youth sports, culture and art with the participation of minors at
receiving information from law enforcement agencies that this employee
is subject to criminal prosecution for the crimes specified in paragraphs three
and the fourth part of the second article 331 of this Code. The employer removes from
work (does not allow to work) an employee for the entire period of criminal proceedings
the case until its termination or before the entry into force of the court verdict.
Persons from among those specified in paragraph three of part two of Article 331 of this
Of the Code who have had a conviction for a minor offense and
crimes of average gravity against life and health, freedom, honor and dignity
personality (with the exception of illegal hospitalization in a medical organization,
providing psychiatric care in inpatient conditions, and defamation), family and
minors, public health and public morality, foundations
constitutional order and security of the state, peace and security of mankind,
as well as against public safety, and persons prosecuted in
in relation to whom, on charges of committing these crimes, it was terminated
non-rehabilitating grounds, may be admitted to work in
the sphere of education, upbringing, development of minors, organization of their recreation
and health improvement, medical care, social protection and social
services, in the field of youth sports, culture and art with the participation
minors in the presence of a decision of the commission on juvenile affairs and
protection of their rights, created by the highest executive body of state power
subject of the Russian Federation, on their admission to the corresponding type of activity.
Article 351.2. Not applicable from January 1, 2019 - Federal Law of June 7
2013 N 108-FZ
Information about changes:

See previous edition
GUARANTEE:

See comments to article 351.2 of the Labor Code of the Russian Federation
Information about changes:

Federal Law No. 421-FZ of December 28, 2013 supplemented this Code
Article 351.3, which shall enter into force on January 1, 2014.
Article 351.3. Some features of the regulation of the labor of workers in the field
conducting a special assessment of working conditions
GUARANTEE:

See comments on Article 351.3 of the Labor Code of the Russian Federation
The provisions of this article establish the specifics of regulation
labor relations with experts in the field of special assessment of conditions
labor, which is understood as employees who have passed certification for the right
performing work on a special assessment of working conditions and having a certificate
an expert for the right to perform work on a special assessment of working conditions.
The procedure for attestation and features of labor regulation of the specified category
workers are established legislation on the special assessment of working conditions.
Information about changes:

Federal Law No. 391-FZ of December 29, 2015 into Article 351.4 of this

Page 269

Code changed
See the text of the article in the previous edition
Article 351.4. Additional grounds for terminating an employment contract with
assistant, employee of a notary
GUARANTEE:

See comments to article 351.4 of the Labor Code of the Russian Federation
Along with the grounds provided for by this Code, additional
grounds for termination of an employment contract with an assistant, notary employee may
be established by the legislation on notaries.
Information about changes:

Federal Law No. 519-FZ of December 31, 2014 supplemented this Code
article 351.5, which shall enter into force upon the expiration of ninety days from the date of official
publication of the named Federal Law
Article 351.5. Features of the labor activity of persons working for residents
territories of advanced socio-economic development
GUARANTEE:

See comments to Article 351.5 of the Labor Code of the Russian Federation
Employers recognized as residents of the territory of the advanced social
economic development in accordance with the legislation on territories
advanced social and economic development in the Russian Federation,
attract and use foreign citizens to carry out labor
activities in the territory of advanced socio-economic development in
the procedure and on the conditions that are provided for by the Labor Code of the Russian
Federation and legislation on the legal status of foreign citizens in
Russian Federation, while:
1) obtaining permits for the attraction and use of foreign
no workers are required;
2) a work permit for a foreign citizen employed for
labor activity by a resident of the territory of the leading
socio-economic development, issued without taking into account quotas for the issuance of foreign
citizens of invitations to enter the Russian Federation in order to implement
work activities, as well as quotas for the issuance of permits to foreign citizens
work established by the Government of the Russian Federation in accordance with
legislation on the legal status of foreign citizens in the Russian
Federation;
3) when applying for a job, other things being equal, citizens have priority
Russian Federation.
The form of a work permit issued to foreign citizens,
attracted and used to carry out labor activities on
territories of advanced socio-economic development, is established
federal executive body in the field of migration.
Agreements, collective agreements may provide that
state guarantees and compensations to persons working for residents of the territories
advanced socio-economic development in the Far North and
equivalent to them localities provided by the legislation of the Russian
Federation for people working and living in the Far North and
equivalent to them localities, with the written consent of the employee, issued
by concluding a separate agreement to the employment contract, can be replaced

Page 270

monetary compensation in the manner, in the amount and on the conditions that are established
the specified agreements and collective agreements.
Remuneration for the work of persons working for residents of the territories of the leading
socio-economic development in the regions of the Far North and equated to them
localities cannot be lower than the subsistence minimum for
able-bodied population, established in the subject of the Russian Federation, in
which created the corresponding territory of advanced social
economic development.
Information about changes:

The Code was supplemented by Article 351.6 from May 1, 2021 - Federal Law of April 20
2021 N 99-FZ
Article 351.6. Features of labor regulation of employees in the field
electric power, heat supply, industrial
safety, the field of safety of hydraulic structures
Persons who are allowed to work in the electric power industry
past the employer trained to perform job functions (hereinafter training) and received from him confirmation of their readiness to perform labor
functions (hereinafter - confirmation of readiness for work), passed certification for
safety issues in the electric power industry, and in the cases provided for
federal laws, also certification in the field of industrial safety,
certification for the safety of hydraulic structures.
Persons who have passed
the employer's training and confirmation of readiness to work from him, and in
cases stipulated by federal laws, also passed certification for
safety issues in the electric power industry, certification in the field
industrial safety.
In cases stipulated by the legislation in the field of industrial
safety, legislation on the safety of hydraulic structures, to
labor activity in the field of industrial safety, safety
of hydraulic structures, persons who have passed certification in
relevant areas.
Lists of types of professional activities, for the implementation of which
certification is required in the field (on issues) of safety in
relevant field (area) and (or) undergoing training and obtaining
confirmation of readiness for work, as well as lists of categories of workers who are obliged
pass such certification and (or) training and receive confirmation of readiness for
work are determined by federal laws and other regulatory legal
актами Российской Федерации.
The procedure for attestation in the field (on issues) of safety in
the relevant field (area), the procedure for training and obtaining
confirmation of readiness for work, including the frequency of their implementation and
the possibility of simultaneous certification in one area (area) with
certification in another area (area) and (or) with training and
obtaining confirmation of readiness to work within one procedure,
established by the Government of the Russian Federation or an authorized
The Government of the Russian Federation is a federal executive body.
Occupational safety training for employees engaged in labor activities in
in the electric power industry or in the field of heat supply, can be carried out within
training of such workers for certification in the field (on issues) of safety in

Page 271

relevant area (area) or preparation and confirmation of readiness for
work. In this case, checking the knowledge of the specified employees of the security requirements
labor is carried out as part of their certification or training and confirmation of readiness for
work.
Labor protection briefing for workers who carry out labor
activities in the field of electricity or heat supply and are obliged to
be trained and approved in accordance with federal law
readiness for work, is carried out during the preparation and confirmation of readiness for work.
In the case of employees undergoing occupational safety training, instructions on
labor protection and verification of the knowledge of the specified workers of labor protection requirements in
preparation for certification and certification of specified workers or training and
confirmation of readiness for work in accordance with parts six and seven
of this article, additional training on labor protection, instruction on labor protection
labor and testing of knowledge of labor protection requirements in the manner prescribed by parts
the first and second articles 225 of this Code are not required.
Along with passing certification, preparation and obtaining confirmation
readiness to work to confirm the conformity of the qualifications of employees,
carrying out activities in the field of electricity or heat supply,
professional standards or qualifications established
federal laws and other regulatory legal acts of the Russian
Federation, at the initiative of the employer or employee, may be carried out
independent assessment of qualifications on the terms and in the manner that are determined in
in accordance with this Code and legislation in the field of independent assessment
qualifications.
Part five

Information about changes:

Federal Law of June 30, 2006 N 90-FZ in the title of Section XIII
of this Code has been amended, which will enter into force after 90 days
after the day of the official publication of the said Federal Law
See the text of the name in the previous edition

Section XIII. Protection of labor rights and freedoms. Consideration and permission of labor
disputes. Responsibility for violation of labor laws and other acts,
containing labor law

Chapter 56. General Provisions

Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 352 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 352. Ways to protect labor rights and freedoms
GUARANTEE:

Cm. Encyclopedias and other comments on Article 352 of the Labor Code of the Russian Federation

Page 272

Everyone has the right to defend their labor rights and freedoms in all ways,
not prohibited by law.
The main ways to protect labor rights and freedoms are:
self-defense by employees of labor rights;
protection of labor rights and legitimate interests of employees by professional
unions;
state control (supervision) over compliance with labor legislation
and other normative legal acts containing labor law norms;
judicial protection.
Information about changes:

Federal Law of July 18, 2011 N 242-FZ in the title of Chapter 57
of this Code is amended, which come into force on August 1, 2011.
See the text of the name in the previous edition
Chapter 57. State control (supervision) and departmental control over
compliance with labor laws and other regulatory legal acts,
containing labor law
GUARANTEE:

Cm. scheme "State supervision and control over the observance of labor law"
Information about changes:

Federal Law No. 242-FZ of July 18, 2011, Article 353 of this Code
set out in a new edition, effective from August 1, 2011.
See the text of the article in the previous edition
Article 353. State control (supervision) over observance of labor
legislation and other regulatory legal acts containing
labor law
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 353 of the Labor Code of the Russian Federation
Federal state supervision of labor compliance
legislation and other regulatory legal acts containing labor standards
rights, carried out by the federal labor inspectorate in the manner, установленном
By the Government of the Russian Federation.
State control (supervision) over compliance with the requirements for safe
the conduct of work in certain areas of activity is carried out in accordance with
the legislation of the Russian Federation by the authorized federal bodies
executive power.
GUARANTEE:

See the diagram "Bodies of state supervision and control over observance of labor
legislation "
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 supplemented this Code
Article 353.1, which shall enter into force on August 1, 2011.
Article 353.1. Departmental control over observance of labor
legislation and other regulatory legal acts containing
labor law

Page 273

GUARANTEE:

See comments on article 353.1 of the Labor Code of the Russian Federation
Departmental control over compliance with labor legislation and other
normative legal acts containing labor law norms in subordinate
organizations are carried out by federal executive bodies,
executive authorities of the constituent entities of the Russian Federation, local authorities
self-government in the manner and on conditions determined by the laws of the Russian
Federation and the laws of the constituent entities of the Russian Federation.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 354 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 354. Federal Labor Inspectorate
GUARANTEE:

Cm. Encyclopedias and other comments on Article 354 of the Labor Code of the Russian Federation
The Federal Labor Inspectorate is a single centralized system consisting of
from the federal executive body authorized to conduct
federal state supervision over the observance of labor laws and
other normative legal acts containing labor law norms, and its
territorial bodies (state labor inspectorates).
Part two became invalid on January 1, 2005.
Information about changes:

See text part two of Article 354
The activities of the federal labor inspectorate are managed by
the head of the federal executive body authorized to
carrying out federal state supervision over the observance of labor
legislation and other regulatory legal acts containing labor standards
law, - Chief State Labor Inspector of the Russian Federation,
appointed and dismissed by the Government of the Russian
Federation.
Part four became invalid on January 1, 2005.
Information about changes:

See text part four of Article 354
Federal Law of June 30, 2006 N 90-FZ into Article 355 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 355. Principles of Activity and Main Tasks of the Federal Inspectorate
labor
GUARANTEE:

Cm. Encyclopedias and other comments on Article 355 of the Labor Code of the Russian Federation
Activities of the federal labor inspectorate and its officials
carried out on the basis of the principles of respect, observance and protection of rights and freedoms
person and citizen, legality, objectivity, independence and publicity.

Page 274

The main tasks of the federal labor inspectorate are:
ensuring observance and protection of labor rights and freedoms of citizens, including
the right to safe working conditions;
ensuring that employers comply with labor laws and other
regulatory legal acts containing labor law norms;
providing employers and workers with information on the most effective
means and methods of compliance with the provisions of labor legislation and other
regulatory legal acts containing labor law norms;
bringing facts to the attention of the relevant public authorities
violations, actions (inaction) or abuse that do not fall under
the operation of labor legislation and other regulatory legal acts containing
labor law norms.
Information about changes:

Article 356 amended from December 13, 2019 - Federal Law of December 2, 2019 N
393-FZ
See previous edition
Section 356. Basic Powers of the Federal Labor Inspectorate
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 356 of the Labor Code of the Russian Federation
In accordance with the tasks assigned to it, the federal labor inspectorate
implements the following main powers:
carries out federal state supervision over the observance of labor
legislation and other regulatory legal acts containing labor standards
rights, through checks, the issuance of binding regulations on
elimination of violations, drawing up protocols on administrative offenses
within the limits of authority, preparation of other materials (documents) on attracting
those responsible for accountability in accordance with federal laws and other
regulatory legal acts of the Russian Federation;
analyzes the circumstances and causes of the violations identified, takes action
to eliminate them and restore the violated labor rights of citizens;
carries out in accordance with the legislation of the Russian Federation
consideration of cases of administrative offenses;
sends in the prescribed manner the relevant information to
federal executive bodies, executive bodies of subjects
Of the Russian Federation, local authorities, law enforcement agencies
and to the courts;
the sixth paragraph has ceased to be in force ;
Information about changes:

See text paragraph six of Article 356
the seventh paragraph became invalid on January 1, 2007;
Information about changes:

See text the seventh paragraph of Article 356
verifies compliance with the established procedure for investigation and accounting
industrial accidents;
summarizes the practice of application, analyzes the causes of violations of labor
legislation and other regulatory legal acts containing labor standards
law, prepares relevant proposals for their improvement;
analyzes the state and causes of industrial injuries and

Page 275

develops proposals for its prevention, takes part in the investigation
accidents at work or conducts it independently;
paragraph eleven expired;

Information about changes:

See text paragraph eleven of Article 356
paragraph twelve has ceased to be in force ;
Information about changes:

See text paragraph twelve of Article 356
takes the necessary measures to attract in the prescribed manner
qualified experts and (or) organizations in order to ensure proper
the application of the provisions of labor law and other regulatory legal
acts containing labor law norms, obtaining an objective assessment of the state
working conditions at workplaces, as well as obtaining information on the impact
technologies used, materials and methods used for health and
worker safety;
asks the federal executive authorities and their
territorial bodies, executive bodies of the constituent entities of the Russian
Federation, local authorities, prosecutors, judicial authorities,
employers and other organizations and receives information from them free of charge,
necessary to perform the tasks assigned to it;
receives and considers applications, letters, complaints and other appeals
citizens about violations of their labor rights, takes measures to eliminate the identified
violations and restoration of violated rights;
carries out informing and consulting employers and employees
on compliance with labor laws and other regulatory legal
acts containing labor law norms;
informs the public about the revealed violations of labor
legislation and other regulatory legal acts containing labor standards
law, conducts explanatory work on the labor rights of citizens;
prepares and publishes annual reports on labor compliance
legislation and other regulatory legal acts containing labor standards
rights, in the prescribed manner submits them to the President of the Russian Federation and
Government of the Russian Federation;
checks compliance with requirements aimed at the exercise of rights
employees to receive security for compulsory social insurance from
industrial accidents and occupational diseases, and
the procedure for the appointment, calculation and payment of benefits for temporary incapacity for work
at the expense of employers;
submits to the national accreditation body submissions on
suspension of the accreditation certificate of the organization conducting the special
assessment of working conditions and admitting violation of the requirements of the legislation on
special assessment of working conditions;
directs to the federal executive body exercising
функции по выработке государственной политики и нормативно-правовому
labor regulation, a proposal to revoke the expert certificate for
the right to perform work on a special assessment of working conditions in connection with the permitted
by this expert in violation of the legislation on special assessment of working conditions;
sends to the relevant state authorities information about
facts of violations, actions (inaction) or abuse that are not
are subject to labor laws and other regulatory legal

Page 276

acts containing labor law norms;
organizes and conducts activities aimed at preventing violations
labor legislation and other regulatory legal acts containing norms
labor law, in accordance with the annually approved program
prevention of such violations;
takes measures to enforce the employer's obligation to
payment of accrued, but not paid in due time to the employee wages
payments and (or) other payments made within the framework of an employment relationship;
other powers in accordance with federal laws and other
regulatory legal актами Российской Федерации.
Information about changes:

Article 357 amended from December 13, 2019 - Federal Law of December 2, 2019 N
393-FZ
See previous edition
Article 357. Fundamental rights of state labor inspectors
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 357 of the Labor Code of the Russian Federation
State labor inspectors in the implementation of federal
государственного надзора за соблюдением трудового законодательства и иных
normative legal acts containing labor law norms have the right:
in the manner prescribed by federal laws and other regulatory
legal acts of the Russian Federation, without hindrance at any time of the day when
the presence of certificates of the established form to visit in order to conduct an inspection
organizations of all organizational and legal forms and forms of ownership, employers
- individuals;
request from employers and their representatives, executive bodies
authorities and local authorities, other organizations and receive free of charge
from them documents, explanations, information necessary for the implementation of supervisory and
control functions;
seize for analysis samples of the materials used or processed, and
substances in the manner prescribed by federal laws and other regulatory
legal acts of the Russian Federation, with the notification of the employer or
his representative and draw up an appropriate act;
investigate the established the order of accidents at work;
present to employers and their representatives binding
orders to eliminate violations of labor laws and other regulatory
legal acts containing labor law norms on the restoration of violated
the rights of workers, bringing the perpetrators of these violations to disciplinary
responsibility or to remove them from office in accordance with the established procedure;
the seventh paragraph has ceased to be in force ;
Information about changes:

See text paragraph seven of the first part of Article 357
send claims to the courts to liquidate organizations or terminate
activities of their structural units due to violation of security requirements
labor;
issue orders for the removal from work of persons who have not passed in
in accordance with the established procedure, training in safe methods and techniques for performing work,
occupational safety briefing, on-the-job training and knowledge testing

Page 277

labor protection requirements;
prohibit the use of personal and collective protective equipment
employees, if such funds do not meet the mandatory requirements,
established in accordance with the legislation of the Russian Federation on
technical regulation, and state regulatory requirements for protection
labor;
paragraph eleven expired;
Information about changes:

See text paragraph eleven of part one of Article 357
paragraph twelve has ceased to be in force ;
Information about changes:

See text paragraph twelve of part one of Article 357
draw up protocols and consider cases of administrative
offenses within the limits of authority, prepare and send to
law enforcement agencies and the court other materials (documents) on bringing
those responsible for accountability in accordance with federal laws and other
regulatory legal acts of the Russian Federation;
act as experts in a court of lawsuits for violation of labor
legislation and other regulatory legal acts containing labor standards
rights on compensation for harm caused to the health of workers at work;
present to the organization conducting a special assessment of working conditions,
binding orders to eliminate violations of requirements
legislation on the special assessment of working conditions;
make a decision on the compulsory execution of the employer's obligation to
payment of accrued, but not paid in due time to the employee wages
payments and (or) other payments made in the framework of labor relations, in
conformity with article 360.1 of this Code.
If a trade union body, employee or other person applies to
state labor inspectorate on a pending issue
appropriate body to review individual or collective
labor dispute (with the exception of claims accepted for consideration by the court, or issues
for which there is a court decision), the state labor inspector, when identifying
obvious violation of labor laws or other regulatory legal
acts containing labor law norms has the right to issue to the employer
a mandatory prescription. This prescription can be
challenged by the employer in court within ten days from the date of its receipt
the employer or his representative.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 358 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 358. Duties of state labor inspectors
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 358 of the Labor Code of the Russian Federation
State labor inspectors in the implementation of federal
государственного надзора за соблюдением трудового законодательства и иных
regulatory legal acts containing labor law norms are obliged to comply
legislation of the Russian Federation, rights and legitimate interests of employers -

Page 278

individuals and employers - legal entities (organizations).
State labor inspectors are obliged to keep secrets protected by law.
(state, official, commercial and other), which became known to them when
in the exercise of their powers, as well as after leaving their office,
consider the source of any complaint of deficiencies absolutely confidential, or
violation of the provisions of labor laws and other regulatory legal
acts containing labor law norms, refrain from communicating
to the employer of information about the applicant, if the check is carried out in connection with his
appeal, and the applicant objects to the communication to the employer of data on
the source of the complaint.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 359 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 359. Independence of state labor inspectors
GUARANTEE:

Cm. Encyclopedias and other comments on Article 359 of the Labor Code of the Russian Federation
State labor inspectors in the exercise of their rights and performance
duties are plenipotentiary representatives of the state and are under
his protection, independent of state bodies, officials and subordinate
only the law.
Information about changes:

Article 360 ​amended from May 5, 2020 - Federal Law of April 24, 2020 N 127FZ
See previous edition
Article 360. Procedure for organizing and conducting inspections of employers
GUARANTEE:

Cm. Encyclopedias and other comments on Article 360 ​of the Labor Code of the Russian Federation
Procedure for Conducting Inspections by Officials of the Federal Inspection
labor is determined by the conventions ratified by the Russian Federation
International Labor Organization on labor inspection, this Code ,
other federal laws , as well as decisions of the Government of the Russian
Federation.
State labor inspectors in order to implement federal
государственного надзора за соблюдением трудового законодательства и иных
normative legal acts containing labor law norms, carry out planned and
unscheduled inspections throughout the territory of the Russian Federation of any
employers (organizations, regardless of their organizational and legal forms and forms
property, as well as employers - individuals) in the manner prescribed
federal laws, taking into account the specifics established by this article.
Part three became invalid on August 1, 2011.
Information about changes:

See text part three of article 360
Part four became invalid on August 1, 2011.

Page 279

Information about changes:

See text part four of article 360
Part five Abolished from August 1, 2011
Information about changes:

See text parts of the fifth article 360
The subject of inspection is compliance with the requirements of labor
legislation and other regulatory legal acts containing labor standards
rights, fulfillment of orders to eliminate violations revealed during inspections
and on the implementation of measures to prevent violations of labor law and
protection of the labor rights of citizens.
The basis for an unscheduled inspection is:
expiration of the term for fulfillment by the employer issued by the federal inspection
labor orders to eliminate the identified violation of the requirements of labor
legislation and other regulatory legal acts containing labor standards
rights;
admission to the federal labor inspectorate:
applications and applications of citizens, including individual entrepreneurs,
legal entities, information from public authorities (officials
federal labor inspectorate and other federal executive bodies,
exercising state control (supervision), local self-government bodies,
trade unions, from the media about the facts of violations
employers of the requirements of labor legislation and other regulatory legal
acts containing labor law norms, including labor protection requirements,
entailing the emergence of a threat of harm to life and health
employees, as well as those who led to non-payment or incomplete payment in the established
the term of wages, other payments due to employees, or the establishment
wages less than the amount stipulated by the labor
legislation;
applications and applications of citizens, including individual entrepreneurs,
legal entities, information from public authorities, local authorities
self-government, trade unions, from the media about facts
evasion from registration of an employment contract, improper registration of a labor
contract or the conclusion of a civil law contract that actually regulates
labor relations between employee and employer;
requests or statements of the employee about the violation by the employer of his labor
right;
an employee's request for an inspection of labor conditions and labor protection at his workplace
place in accordance with Article 219 of this Code;
the presence of an order (order) of the head (deputy head)
federal labor inspectorate on an unscheduled inspection, issued in
in accordance with the instructions of the President of the Russian Federation or the Government
Of the Russian Federation or on the basis of the request of the prosecutor to conduct
unscheduled inspections as part of the supervision of the implementation of laws received in
the prosecutor's office materials and appeals.
Unscheduled on-site inspection on the grounds specified in paragraph four
or the fifth part of the seventh of this article, may be carried out immediately with
notification of the prosecutor's office in the manner prescribed by federal law, without
coordination with the prosecutor's office.
Prior notification of the employer about the unscheduled
on-site inspection on the basis specified in paragraph four, fifth or sixth

Page 280

part seven of this article is not allowed.
Features of inspections of compliance with labor requirements
legislation and other regulatory legal acts containing labor standards
rights in organizations subordinate to federal executive bodies
in the field of defense, security, internal affairs, execution of sentences,
compulsory enforcement and the authorized body for managing the use of
atomic energy, established by the President of the Russian Federation or
By the Government of the Russian Federation.
Information about changes:

Article 360.1 amended from May 5, 2020 - Federal Law of April 24, 2020 N 127FZ
See previous edition
Article 360.1. The procedure for compulsory execution of the employer's obligation to
payment of accrued, but not paid in due time
employee of wages and (or) other payments made in
labor relations
GUARANTEE:

Cm. Энциклопедии и другие comments on article 360.1 of the Labor Code of the Russian Federation
If the employer fails to comply with the instructions of the state
labor inspector on the elimination of the revealed violation of labor legislation and
other normative legal acts containing labor law norms related to
payment of wages and (or) other payments to the employee within the framework of
labor relations, the state labor inspector decides on
compulsory execution of the employer's obligation to pay accrued, but not
wages and (or) other payments paid to the employee in due time,
carried out within the framework of labor relations (hereinafter - the decision on compulsory
execution).
Information containing clarifications on the procedure for making a decision on
compulsory execution, included in the order of the state inspector
labor specified in part one of this article.
Decision on enforcement on behalf of a federal body
the executive branch authorized to exercise federal
государственного надзора за соблюдением трудового законодательства и иных
normative legal acts containing labor law norms, in the order,
established by this Code, is adopted by the state labor inspector
after the expiry of the period established by the order of the state labor inspector,
specified in part one of this article, in the absence of information about its execution
the results of an unscheduled inspection, provided the second paragraph of the seventh th
Article 360 ​of this Code, but not later than one month after the expiration
the specified period or not later than one month after the entry into force
a court decision on recognizing this order as legal in the event of its appeal to
court.
The decision on compulsory execution is an executive document,
drawn up in accordance with the requirementsestablished by law
Of the Russian Federation on enforcement proceedings, and within three working days
after the day this decision is made, it is sent by the state labor inspector
by registered mail with notification or in the form of an electronic document,
signed by an enhanced qualified electronic signature , to the employer,

Page 281

who has the right, within ten days from the date of receipt, to appeal this
decision to court.
The decision on enforcement is signed by the state
by a labor inspector and certified by the seal of the appropriate territorial authority
federal executive body authorized to implement
federal state supervision over the observance of labor laws and
other normative legal acts containing labor law norms.
In the event that the decision on compulsory execution has not been executed and the time limit has expired
his appeal, a copy of this decision in the form of an electronic document,
signed by the state labor inspector of the strengthened qualified
electronic signature, in the manner prescribed by the legislation of the Russian
Federation, is sent for execution to the enforcement authorities.
The provisions of this article do not apply in relation to the collection
funds accrued but not paid to persons specified in part
the fourth article 349.4 of this Code.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 361 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 361. Appealing against decisions of state labor inspectors
GUARANTEE:

Cm. Encyclopedias and other comments to article 361 of the Labor Code of the Russian Federation
Decisions of state labor inspectors can be appealed
to the corresponding head of subordination, the main state
labor inspector of the Russian Federation and (or) in court. Decisions of the main
state labor inspector of the Russian Federation can be appealed against
court.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 362 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 362. Responsibility for violation of labor legislation and other
normative legal acts containing labor law norms
GUARANTEE:

Cm. Encyclopedias and other comments on article 362 of the Labor Code of the Russian Federation
Heads and other officials of organizations, as well as employers individuals guilty of violating labor laws and other
normative legal acts containing labor law norms are
responsibility in the cases and in the procedure established by this Code and
other federal laws.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 363 of this Code

Page 282

amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 363. Responsibility for obstruction of activities
government labor inspectors
GUARANTEE:

See comments on article 363 of the Labor Code of the Russian Federation
Persons obstructing the implementation of federal state supervision
compliance with labor laws and other regulatory legal acts,
containing labor law norms that do not fulfill the prescriptions presented by them,
using threats of violence or violent actions against
government labor inspectors, their family members and their property are
responsibility established by federal laws.
Article 364. Responsibility of state labor inspectors
GUARANTEE:

Cm. Encyclopedias and other comments on article 364 of the Labor Code of the Russian Federation
For unlawful acts or omissions, state labor inspectors
bear responsibility established by federal laws.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 to Article 365 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 365. Interaction of the federal labor inspectorate with state
bodies, local governments and organizations
GUARANTEE:

See comments to article 365 of the Labor Code of the Russian Federation
The Federal Labor Inspectorate carries out its activities in
interaction with federal executive bodies carrying out
functions for federal state supervision in the established area
activities, other federal executive bodies, bodies
executive power of the constituent entities of the Russian Federation, local authorities
self-government bodies, prosecutors, trade unions (their
associations), associations of employers, other organizations.
Information about changes:

Article 366 amended from July 30, 2018 - Federal Law of July 19, 2018 N 207FZ
See previous edition
Article 366. Federal state supervision in the field of industrial
security
GUARANTEE:

See comments on article 366 of the Labor Code of the Russian Federation
State supervision of compliance with the requirements for safe conduct
work at hazardous production facilities is carried out by authorized
federal executive bodies in the implementation of federal
state supervision in the field of industrial safety.

Page 283

Information about changes:

Article 367 amended from July 30, 2018 - Federal Law of July 19, 2018 N 207FZ
See previous edition
Article 367. Federal state energy supervision
GUARANTEE:

See comments on article 367 of the Labor Code of the Russian Federation
State supervision of compliance with the requirements for safe conduct
works at power and heat supply facilities established by the rules on
labor protection, carried out by authorized federal bodies
executive power in the implementation of the federal state
energy supervision.
Information about changes:

Federal Law No. 242-FZ of July 18, 2011 into Article 368 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 368. Federal State Sanitary and Epidemiological
supervision
GUARANTEE:

See comments on article 368 of the Labor Code of the Russian Federation
State supervision of employers' compliance with sanitary
hygienic and sanitary-anti-epidemiological norms and rules are carried out
authorized federal executive bodies in the implementation
by them the federal state sanitary and epidemiological supervision.
Part two became invalid on August 1, 2011.
Information about changes:

See text part two of article 368
Federal Law No. 242-FZ of July 18, 2011 into Article 369 of this Code
amended, effective from August 1, 2011
See the text of the article in the previous edition
Article 369. State supervision over compliance with the requirements of nuclear and
radiation safety
GUARANTEE:

See comments on Article 369 of the Labor Code of the Russian Federation
State supervision over compliance with the requirements of nuclear and radiation
safety is carried out by authorized federal authorities
executive power in the implementation of the federal
state supervision in the field of atomic energy use and state
supervision in the field of radiation safety.
Officials of federal executive bodies,
exercising state supervision over compliance with the requirements of nuclear and
radiation safety, are obliged to inform workers and
employers information on violation of nuclear and radiation safety standards
at the checked objects.
Part three became invalid on August 1, 2011.

Page 284

Information about changes:

See text part three of article 369

Federal Law of June 30, 2006 N 90-FZ in the title of Chapter 58
of this Code has been amended, which will enter into force after 90 days
after the day of the official publication of the said Federal Law
See the text of the name in the previous edition

Chapter 58. Protection of labor rights and legal interests of employees
trade unions
GUARANTEE:

See also Federal Law No. 10-FZ of January 12, 1996 "On Professional
unions, their rights and guarantees of activity "
Cm. scheme "Protection of labor rights of workers by trade unions"
Information about changes:

Federal Law of December 18, 2006 N 232-FZ into Article 370 of this
Code changed
See the text of the article in the previous edition
Article 370. Right of trade unions to exercise control over
compliance with labor laws and other regulatory legal
acts containing labor law norms, the fulfillment of the conditions
collective agreements, agreements
GUARANTEE:

Cm. Encyclopedias and other comments on article 370 of the Labor Code of the Russian Federation
Trade unions have the right to exercise control over
compliance by employers and their representatives with labor laws and
other normative legal acts containing labor law norms, the implementation
them of the terms of collective agreements, agreements.
Employers are obliged within a week from the date of receipt of the request for
elimination of the revealed violations, inform the appropriate trade union body about
the results of consideration of this requirement and the measures taken.
To monitor compliance with labor laws and other
normative legal acts containing labor law norms, the implementation
conditions of collective agreements, agreements all-Russian professional
unions and their associations can establish legal and technical labor inspectorates
trade unions, which are empowered by the provisions,
approved by all-Russian trade unions and their associations.
Interregional as well as territorial association (association)
organizations of trade unions operating in the territory of the subject
Of the Russian Federation may establish legal and technical labor inspectorates
trade unions that act on the basis of their
provisions in accordance with the standard provision of the corresponding all-Russian
associations of trade unions.
GUARANTEE:

Page 285

On the constitutional and legal meaning of the provisions of the fifth part of Article 370, see Art.
Resolution of the Constitutional Court of the Russian Federation of November 28, 2019 N 37-P
Trade union labor inspectors, in accordance with the established procedure, have the right
freely visit any employers (organizations, regardless of their
organizational and legal forms and forms of ownership, as well as employers individuals) who are employed by members of this trade union or
trade unions affiliated to the organization to carry out inspections of compliance with labor
legislation and other regulatory legal acts containing labor standards
law, legislation on trade unions, fulfillment of conditions
collective agreements, agreements.
GUARANTEE:

On the constitutional and legal meaning of the provisions of the sixth part of Article 370, see Art.
Resolution of the Constitutional Court of the Russian Federation of November 28, 2019 N 37-P
Trade union labor inspectors, authorized (authorized) persons for protection
labor trade unions have the right:
monitor compliance by employers with labor
legislation and other regulatory legal acts containing labor standards
rights;
conduct an independent examination of working conditions and safety
workers;
take part in the investigation of industrial accidents and
occupational diseases;
receive information from heads and other officials of organizations,
employers - individual entrepreneurs on the state of conditions and protection
labor, as well as about all accidents at work and professional
diseases;
protect the rights and legitimate interests of members of the trade union in
issues of compensation for harm caused to their health at work (work);
make demands on employers to suspend work in cases
an immediate threat to the life and health of employees;
send employers submissions on the elimination of identified violations
labor legislation and other regulatory legal acts containing norms
labor law, mandatory for consideration;
check the condition of labor conditions and safety, compliance
employers' obligations under collective agreements and
agreements;
take part in the work of commissions for testing and commissioning
means of production as independent experts;
take part in the resolution of labor disputes related to the violation
labor legislation and other regulatory legal acts containing norms
labor law, obligations stipulated by collective agreements and
agreements, as well as with changes in working conditions;
take part in the development of draft federal laws and other
regulatory legal acts of the Russian Federation, laws and other regulatory
legal acts of the constituent entities of the Russian Federation, regulatory legal acts of bodies
local government, containing labor law norms;
take part in the development of drafts of by-laws regulatory legal
acts establishing state regulatory requirements for labor protection, and
also agree on them in the manner prescribed by the Government of the Russian
Federation;

Page 286

apply to the relevant authorities with a request to attract
responsibility of persons guilty of violating labor laws and other acts,
containing the norms of labor law, concealing the facts of accidents on
production.
Trade unions, their labor inspectorates in the implementation of the specified
powers interact with the federal executive body,
authorized to conduct state supervision and control over compliance
labor legislation and other regulatory legal acts containing norms
labor law, and its territorial bodies, other federal bodies
executive power exercising control and supervision functions in
the established field of activity.
Authorized (trusted) persons for labor protection of trade unions
have the right to freely check compliance with labor protection requirements and
make mandatory for consideration by officials of organizations,
employers - individual entrepreneurs proposals to eliminate
identified violations of labor protection requirements.
GUARANTEE:

See the Regulation on the conduct of an independent examination of working conditions by trade unions.
experts, approved by the decision of the Presidium of the Central Committee
Of the Professional Union of Healthcare Workers of the Russian Federation of December 15, 2016 No.
N 6-14
See Guidelines for Trade Union Organizations to Monitor the
employers' compliance with labor laws and other regulations
legal acts containing labor law norms, the fulfillment of the conditions
collective agreements, agreements approved by the resolution of the Presidium
Of the Central Committee of the Professional Union of Healthcare Workers of the Russian Federation from
October 4, 2016 N 5-3
See Guidelines for organizing control over the state of conditions and
labor protection at workplaces by authorized (trusted) persons for the protection

labor of the trade union of healthcare workers of the Russian Federation ",
approved by the decision of the Presidium of the Central Committee
Professional Union of Healthcare Workers of the Russian Federation of May 6, 2019 N 14-94
See Methodological recommendations for the organization of supervision (control) over
the state of working conditions and labor protection at workplaces by authorized
(authorized) persons for labor protection of the trade union, approved by
by the resolution of the FNPR Executive Committee of September 26, 2007 N 4-6
See the Model Regulation on the Authorized (Fiduciary) Person for Labor Protection
trade union, approved by the resolution of the FNPR Executive Committee of 18
October 2006 N 4-3
Article 371. Adoption of decisions by the employer taking into account the opinion of the trade union
organ
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 371 of the Labor Code of the Russian Federation
The employer makes decisions taking into account the opinion of the relevant
trade union body in the cases provided for by this Code.
Information about changes:

Page 287

Federal Law of June 30, 2006 N 90-FZ into Article 372 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 372. The procedure for taking into account the opinion of the elected body of the primary trade union
organizations when adopting local regulations
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 372 of the Labor Code of the Russian Federation
The employer, in the cases provided for by this Code, by others
federal laws and other regulatory legal acts of the Russian
Federation, collective agreement, agreements, before making a decision
sends the draft local normative act and the justification for it to the elected
body of the primary trade union organization representing the interests of all or
most workers.
The elected body of the primary trade union organization no later than five workers
days from the date of receipt of the draft of the specified local regulatory act sends
the employer has a reasoned opinion on the project in writing.
In the event that the motivated opinion of the elected body of the primary trade union
organization does not contain agreement with the draft local normative act or
contains suggestions for its improvement, the employer may agree with
him or is obliged within three days after receiving a reasoned opinion
conduct additional consultations with the elected body of the primary trade union
organizing workers in order to achieve a mutually acceptable solution.
If no agreement is reached, the disagreements that have arisen are formalized in a protocol,
after which the employer has the right to adopt a local regulatory act, which
can be appealed by the elected body of the primary trade union organization in
the relevant state labor inspectorate or in court. Elected body
the primary trade union organization also has the right to initiate the procedure
collective labor dispute in the manner prescribed by this Code.
State Labor Inspectorate upon receipt of a complaint (application) of an elected
body of the primary trade union organization is obliged, within one month from the date
of receipt of a complaint (application), conduct an inspection and, in case of violation
issue an order to the employer to revoke the specified local normative act,
binding.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 373 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 373. The procedure for taking into account the motivated opinion of the elected body of the primary
trade union organization upon termination of an employment contract under
employer's initiative
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 373 of the Labor Code of the Russian Federation
When deciding on the possible termination of an employment contract in

Page 288

in accordance with paragraphs 2 , 3 or 5 of the first part of Article 81 of this Code with
an employee who is a member of a trade union, the employer sends to
the elected body of the respective primary trade union organization, the draft order,
as well as copies of documents that are the basis for making this decision.
Elected body of the primary trade union organization for seven workers
days from the date of receipt of the draft order and copies of documents considers this issue
and sends his reasoned opinion to the employer in writing. Opinion,
not submitted within seven days is not taken into account by the employer.
In the event that the elected body of the primary trade union organization expressed
disagreement with the intended decision of the employer, he within three working days
conducts additional consultations with the employer or his representative,
the results of which are documented in the protocol. If there is no general agreement on
the results of the consultations, the employer after ten working days from the date
referrals to the elected body of the primary trade union organization of the draft order and
copies of documents has the right to make a final decision, which can be
appealed to the relevant state labor inspectorate. State
labor inspectorate within ten days from the date of receipt of the complaint (application)
considers the issue of dismissal and, if recognized as illegal, issues
an employer a binding order to reinstate an employee
at work with payment for forced absenteeism.
Compliance with the above procedure does not deprive the employee or
the elected body of the primary trade union representing him
the right to appeal against dismissal directly to the court, and the employer - to appeal against
court order of the state labor inspectorate.
The employer has the right to terminate the employment contract no later than one
months from the date of receipt of the motivated opinion of the elected body of the primary
trade union organization. The specified period does not include periods of temporary
disability of the employee, his stay on vacation and other periods of absence
employee, when he retains a place of work (position).
Information about changes:

Federal Law of June 28, 2014 N 199-FZ Article 374 of this Code
изложена в новой редакции
See the text of the article in the previous edition
Article 374. Guarantees to employees who are members of elective collegial
bodies of trade union organizations and not exempt from the main
work
GUARANTEE:

See Encyclopedias. positions of the higher courts and other comments on Article 374 of the Labor Code of the Russian Federation
On the constitutional and legal meaning of the provisions of the first part of Article 374 of this
Of the Code, see the definition of the Constitutional Court of the Russian Federation of December 4, 2003 N 421-О
Dismissal on the grounds provided by paragraph 2 or 3 of the first
Article 81 of this Code, heads (their deputies) of elected
collegial bodies of primary trade union organizations, elected collegial
bodies of trade union organizations of structural divisions of organizations (at least
workshop and equated to them), not exempted from the main job, is allowed
in addition to the general procedure for dismissal only with prior consent
the respective superior elected trade union body.
Within seven working days from the date of receipt of the draft order from the employer

Page 289

and copies of documents that are the basis for making a decision on dismissal under
the grounds provided for in paragraph 2 or 3 of part one of Article 81 of this
Of the Code, an employee from among the employees specified in part one of this article,
the respective superior elected trade union body shall consider this
the question and submits in writing to the employer its decision on consent, or
disagreement with this dismissal.
The employer has the right to dismiss without taking into account the decision
the relevant superior elected trade union body in the event that such
the decision is not submitted within the prescribed time limit or if the decision of the relevant
a higher elected trade union body on disagreement with this dismissal
recognized by the court as unfounded on the basis of the employer's application.
Compliance with this procedure does not deprive the employee or his representative
interests of the relevant elected trade union body the right to appeal to the court
the decision made by the employer on this dismissal.
Dismissal on the grounds provided for in paragraph 5 of the first part of Article 81
of this Code, employees specified in part one of this article,
in addition to the general procedure for dismissal is allowed only with a reasoned
opinions of the respective superior elected trade union body.
Within seven working days from the date of receipt of the draft order from the employer
and copies of documents that are the basis for making a decision on dismissal under
the grounds provided for in paragraph 5 of part one of Article 81 of this Code,
an employee from among the employees specified in part one of this article,
the respective superior elected trade union body shall consider this
the question and submits his motivated opinion to the employer in writing.
The employer has the right to dismiss without taking into account a reasoned opinion
the relevant superior elected trade union body in the event that such
the opinion was not submitted in due time.
If the respective superior elected trade union body has expressed
disagreement with the intended decision of the employer, within three working days
the parties have the right to hold additional consultations, the results of which
are drawn up by the protocol.
If no general agreement is reached as a result of additional consultations
the employer after ten working days from the date of receipt of the relevant
the higher elected trade union body of the draft order and copies of documents,
which are the basis for making a decision on the dismissal of an employee, has the right
make a final decision that can be appealed by this employee, or
the elected trade union body representing him in the appropriate
state labor inspectorate.
Within ten working days from the date of receipt of the employee's complaint (application)
or the elected trade union body representing it, the state
the labor inspectorate is considering the issue of this dismissal and, if recognized,
unlawfully issues to the employer a binding order on
reinstatement of an employee at work with payment for forced absenteeism.
Compliance with this procedure does not deprive the employee or his representative
interests of the elected trade union body the right to appeal against the dismissal
directly to the court and does not deprive the employer of the right to appeal the order in court
state labor inspectorate.
The employer has the right to dismiss on the grounds provided for
paragraph 2, 3 or 5 of part one of Article 81 of this Code, an employee from among
employees specified in part one of this article within one month from the date

Page 290

obtaining a decision on consent to this dismissal or a reasoned opinion
the corresponding higher elected trade union body, or expiration
the established time limit for the submission of such a decision or a reasoned opinion, or
entry into force of a court decision declaring unreasonable disagreement
the respective higher elected trade union body with the given
dismissal. The deadline does not include periods of temporary
disability of the employee, his stay on vacation and other periods of absence
employee, when he retains a place of work (position).
In the absence of a corresponding superior elected trade union body
dismissal on the grounds provided for in paragraph 2, 3 or 5 of the first part of Article 81
of this Code, employees specified in part one of this article,
produced in compliance with the procedure established Article 373 of this Code.
Members of elected collegial bodies of trade union organizations, not
freed from the main job, are released from it to participate as
delegates in the work of congresses, conferences convened by trade unions,
participation in the work of elected collegial bodies of trade unions, and in
cases, if it is provided for by the collective agreement, also for a while
short-term trade union training. Terms of exemption from work and payment procedure
the time of participation in these events is determined by the collective agreement,
соглашением.
Information about changes:

Federal Law of July 2, 2013 N 185-FZ into Article 375 of this Code
amended, effective from September 1, 2013
See the text of the article in the previous edition
Article 375. Guarantees for released trade union workers
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 375 of the Labor Code of the Russian Federation
An employee who is released from work in an organization or an individual
an entrepreneur in connection with his election to an elective position in an elected body
the primary trade union organization (hereinafter also - the released trade union
employee), after the expiration of his term of office, the previous job is provided
(position), and in its absence, with the written consent of the employee, another equivalent
work (position) with the same employer. If it is impossible to provide
the specified work (position) in connection with the liquidation of the organization or the termination
activities as an individual entrepreneur or absence from an organization,
an individual entrepreneur of the relevant work (position)
the all-Russian (interregional) trade union retains for this
employee his average earnings for the period of employment, but not more than six
months, and in the case of education - for a period of up to one year. On refusal
employee from the proposed corresponding job (position) average earnings
for him for the period of employment is not saved, unless otherwise established by a decision
the all-Russian (interregional) trade union.
Working hours of a freed trade union worker in an elective position in
the elected body of the primary trade union organization is counted in its general and
special work experience.
Freed union workers have the same labor
rights, guarantees and benefits, like employees of an organization, an individual
entrepreneur in accordance with the collective agreement.

Page 291

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 376 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 376. Guarantees of the right to work to employees who were members of an elected
trade union body
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 376 of the Labor Code of the Russian Federation
Termination of an employment contract at the initiative of the employer on the grounds
provided for in paragraphs 2 , 3 or 5 of part one of Article 81 of this Code with
the head of the elected body of the primary trade union organization and his
deputies for two years after the end of their term of office is allowed
only in compliance with the procedure established by Article 374 of this Code.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 377 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 377. Obligations of the employer to create conditions for the implementation
activities of the elected body of the primary trade union organization
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 377 of the Labor Code of the Russian Federation
The employer is obliged to provide the elected bodies with primary
trade union organizations uniting its employees, premises for holding
meetings, storage of documentation, as well as provide the possibility of placing
information in a place (places) accessible to all employees.
An employer with more than 100 employees,
grants for use to the elected bodies of the primary trade union
organizations at least one equipped, heated, electrified
premises, as well as office equipment, communications and the necessary regulatory legal
documentation. Other improving conditions for ensuring the activities of these
trade union bodies may be provided for by a collective agreement.
The employer can provide in accordance with the collective agreement in
free use of the elected body of the primary trade union organization
buildings, structures, premises and premises owned by the employer or leased by him
other facilities, as well as recreation centers, sports and health centers,
necessary for organizing recreation, conducting mass cultural, physical culture
health improvement work with employees and their families. At the same time, the trade unions do not
have the right to establish a fee for the use of these facilities for employees who do not
members of these trade unions, above the established for
workers who are members of this union.
In cases stipulated by the collective agreement, the employer deducts
monetary funds of the primary trade union organization for cultural and mass

Page 292

health and fitness work.
In the presence of written statements of employees who are members
trade union, the employer monthly transfers free of charge to the account
trade union organization trade union membership dues from wages
workers. The order of their transfer is determined by the collective agreement.
The employer has no right to delay the transfer of these funds.
Employers who have entered into collective agreements or on whom
subject to sectoral (intersectoral) agreements, according to written
the application of workers who are not members of the trade union, monthly list
to the accounts of the trade union organization funds from the wages of the specified
employees on the terms and in the manner established by collective agreements,
sectoral (intersectoral) agreements.
Remuneration for the work of the head of the elected body of the primary trade union
organization can be carried out at the expense of the employer in the amount,
established by the collective agreement.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 378 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 378. Responsibility for violation of the rights of trade unions
GUARANTEE:

See comments on article 378 of the Labor Code of the Russian Federation
Persons violating the rights and guarantees of the activities of trade unions,
bear responsibility in accordance with this Code and other federal
laws.
Chapter 59. Self-protection of labor rights by employees
GUARANTEE:

Cm. the scheme "Self-protection of labor rights by workers"
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 379 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 379. Forms of self-defense
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 379 of the Labor Code of the Russian Federation
For the purpose of self-protection of labor rights, the employee, notifying the employer or his
direct supervisor or other representative of the employer in a written
form, may refuse to perform work not provided for by the labor
contract, as well as refuse to perform work that is directly
threatens his life and health, except for the cases provided for by this
The Code and other federal laws. At the time of refusal from the specified work for

Page 293

the employee retains all the rights provided for by labor legislation and
other acts containing labor law norms.
For the purpose of self-protection of labor rights, an employee has the right to refuse
performance of work also in other cases provided for by this Code or
other federal laws.
GUARANTEE:

On administrative responsibility for unauthorized termination of work as
a means of resolving an individual labor dispute by a person providing
safety of the relevant activity for the population, if such
actions (inaction) are prohibited by federal law see RF Code on
administrative offenses
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 380 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 380. The obligation of the employer not to prevent employees from
self-defense
GUARANTEE:

Cm. Encyclopedias and other comments on article 380 of the Labor Code of the Russian Federation
The employer, representatives of the employer have no right to interfere with
employees in the exercise of self-protection of labor rights.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ in the title of Chapter 60
of this Code has been amended, which will enter into force after 90 days
after the day of the official publication of the said Federal Law
See the text of the name in the previous edition

Chapter 60. Consideration and resolution of individual labor disputes
GUARANTEE:

Cm. scheme "Consideration of individual labor disputes"
On an alternative dispute resolution procedure involving a mediator
(mediation procedure) see Federal Law of July 27, 2010 N 193-FZ
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 381 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 381. Concept of individual labor dispute
GUARANTEE:

Page 294

Cm. Encyclopedias, positions of higher courts and other comments on Article 381 of the Labor Code of the Russian Federation
Individual labor dispute - unresolved differences between
employer and employee on the application of labor legislation and
other regulatory legal acts containing labor law, collective
contracts, agreements, local regulations, employment contracts (including
on the establishment or change of individual working conditions), which are declared in
body for the consideration of individual labor disputes.
An individual labor dispute is a dispute between an employer and
a person who was previously in an employment relationship with this employer, as well as a person
who have expressed a desire to conclude an employment contract with an employer, in case of refusal
employer from the conclusion of such an agreement.
Information about changes:

Article 382 amended from August 11, 2020 - Federal Law of July 31, 2020 N
246-FZ
See previous edition
Article 382. Bodies for consideration of individual labor disputes
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 382 of the Labor Code of the Russian Federation
Individual labor disputes are considered by labor commissions
disputes and by the courts, unless otherwise provided by this Code.
Information about changes:

Federal Law No. 13-FZ of February 28, 2008 into Article 383 of this
The Code has been amended to come into force on March 30, 2008.
See the text of the article in the previous edition
Article 383. Procedure for consideration of labor disputes
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 383 of the Labor Code of the Russian Federation
The procedure for considering individual labor disputes is governed by this
The Code and other federal laws, and the procedure for considering cases on labor
disputes in courts are determined, in addition, by civil procedural
the legislation of the Russian Federation.
Features of consideration of individual labor disputes of individual
categories of employees are established by this Code and other federal
laws.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 384 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 384. Formation of labor dispute commissions
GUARANTEE:

Cm. Encyclopedias and other comments on Article 384 of the Labor Code of the Russian Federation

Page 295

Labor dispute commissions are formed on the initiative of employees
(representative body of employees) and (or) employer (organization,
individual entrepreneur) from an equal number of employee representatives and
employer. The employer and the representative body of workers who have received
a proposal in writing for the establishment of a labor dispute commission, are obliged to
ten days to send their representatives to the commission.
Employer's representatives are appointed to the labor dispute committee
the head of the organization, the employer - an individual entrepreneur.
Employee representatives to the labor dispute committee are elected by the general
meeting (conference) of employees or delegated by a representative body
employees with subsequent approval at the general meeting (conference)
workers.
By decision of the general meeting of employees, labor dispute commissions may
be formed in the structural divisions of the organization. These commissions are formed
and act on the same grounds as the organization's labor dispute commissions. IN
labor dispute commissions of structural divisions of organizations may
to consider individual labor disputes within the powers of these
divisions.
The Labor Dispute Commission has its own seal. Organizational and technical
ensuring the activities of the labor dispute commission is carried out
employer.
GUARANTEE:

In accordance with Article 171 of this Code, members of the labor commission
disputes are given free time from work to participate in the work of the specified
commissions with preservation of average earnings
The Labor Disputes Commission shall elect from among its members a chairman,
deputy chairman and secretary of the commission.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 385 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 385. Competence of the labor dispute committee
GUARANTEE:

Cm. Encyclopedias and other comments on Article 385 of the Labor Code of the Russian Federation
The Labor Dispute Commission is the review body
individual labor disputes, with the exception of disputes for which this
The Code and other federal laws establish a different procedure for their
consideration.
An individual labor dispute is considered by a labor dispute committee,
if the employee, independently or with the participation of his representative, has not settled
disagreements in direct negotiations with the employer.
Article 386. Term for applying to the labor dispute commission
GUARANTEE:

Page 296

Cm. Encyclopedias and other comments on Article 386 of the Labor Code of the Russian Federation
An employee can apply to the labor dispute commission within three months.
from the day when he learned or should have learned about the violation of his right.
In case of missing the set deadline for valid reasons, the commission for
labor disputes can restore it and resolve the dispute on the merits.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 387 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 387. Procedure for considering an individual labor dispute in a commission
on labor disputes
GUARANTEE:

Cm. Encyclopedias and other comments on Article 387 of the Labor Code of the Russian Federation
The employee's application submitted to the labor dispute committee is subject to
mandatory registration by the specified commission.
The labor dispute commission is obliged to consider the individual labor dispute
a dispute within ten calendar days from the date the employee submits an application.
The dispute is considered in the presence of the employee who submitted the application, or
a representative authorized by him. Consideration of a dispute in the absence of an employee or his
a representative is allowed only upon a written application from the employee. When
failure of the employee or his representative to attend the meeting of the said commission
consideration of the labor dispute is postponed. In case of a secondary absence of an employee
or his representative, without good reason, the commission may make a decision on
removing the issue from consideration, which does not deprive the employee of the right to apply for
consideration of the labor dispute again within the period established by this
The Code.
The Labor Dispute Commission has the right to summon witnesses to the meeting,
invite specialists. At the request of the commission, the employer (his representatives)
is obliged to submit the necessary documents to it within the period established by the commission.
A meeting of the labor dispute committee shall be deemed competent if
at least half of the members representing employees are present and at least
half of the members representing the employer.
At a meeting of the labor dispute commission, a protocol is kept, which
signed by the chairman of the commission or his deputy and certified by the seal
commission.
GUARANTEE:

See the scheme "Consideration of individual labor disputes in labor commissions
disputes "
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 388 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 388. The procedure for making a decision by the labor dispute commission and its
content

Page 297

GUARANTEE:

Cm. Encyclopedias and other comments on Article 388 of the Labor Code of the Russian Federation
The Labor Dispute Commission makes a decision by secret ballot by simple
by a majority of votes of the members of the commission present at the meeting.
The decision of the labor dispute committee shall indicate:
the name of the organization or the surname, name, patronymic of the employer an individual entrepreneur, and in the case when an individual labor dispute
considered by the labor dispute commission of the structural unit
organization, - the name of the structural unit, surname, name, patronymic,
position, profession or specialty of the employee who applied to the commission;
dates of appeal to the commission and consideration of the dispute, the essence of the dispute;
surnames, names, patronymics of members of the commission and other persons who attended
meeting;
the essence of the decision and its justification (with reference to the law, other regulatory
legal act);
Voting results.
Copies of the decision of the labor dispute committee signed by the chairman
commission or his deputy and certified by the seal of the commission, are handed over to the employee and
the employer or their representatives within three days from the date of the decision.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 389 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 389. Execution of decisions of the labor dispute committee
GUARANTEE:

Cm. Encyclopedias and other comments on Article 389 of the Labor Code of the Russian Federation
The decision of the labor dispute committee is subject to execution within three
days after the ten days provided for the appeal.
In case of non-execution of the decision of the labor dispute commission in the established
term, the specified commission issues a certificate to the employee, which is
executive document. An employee can apply for a certificate within
one month from the date of the decision by the labor dispute committee. When
if the employee misses the specified period for valid reasons, the commission for
labor disputes can restore this period. The certificate is not issued if
the employee or employer applied within the prescribed period with an application for
transferring the labor dispute to court.
Based on a certificate issued by the labor dispute commission and
presented no later than three months from the date of its receipt, judicial
the bailiff enforces the decision of the labor dispute commission in
compulsory order.
If the employee misses the established three-month deadline for
for good reasons, the labor dispute committee that issued the certificate,
can restore this period.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 390 of this Code
changes have been made that take effect 90 days after the day of the official

Page 298

publication of the named Federal Law
See the text of the article in the previous edition
Article 390. Appealing against the decision of the labor dispute committee and postponing
consideration of an individual labor dispute in court
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 390 of the Labor Code of the Russian Federation
In the event that an individual labor dispute is not considered by a commission on
labor disputes within ten days, the employee has the right to postpone it
consideration in court .
The decision of the labor dispute committee may be appealed by the employee or
the employer to the court within ten days from the date of delivery of a copy of the decision
commission.
In case of missing the established time limit for valid reasons, the court may
restore this period and consider the individual labor dispute on the merits.
Information about changes:

Article 391 amended from April 16, 2021 - Federal Law of April 5, 2021 N 74FZ
See previous edition
Article 391. Consideration of individual labor disputes in courts
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 391 of the Labor Code of the Russian Federation
The courts consider individual labor disputes on applications
an employee, employer or trade union defending the interests
employee when they disagree with the decision of the labor dispute committee or when
the employee goes to court, bypassing the labor dispute commission, and also upon application
prosecutor if the decision of the labor dispute committee does not correspond to the labor
legislation and other acts containing labor law norms.
Individual labor disputes on
statements:
employee - on reinstatement at work, regardless of the grounds for termination
employment contract, on changing the date and wording of the reason for dismissal, on
transfer to another job, about payment for the time of forced absenteeism or about payment
differences in wages during the performance of lower-paid work, about
illegal actions (inaction) of the employer in the processing and protection
personal data of the employee, on compensation for moral damage caused
to the employee by unlawful actions (inaction) of the employer;
employer - on compensation by the employee for damage caused to the employer,
unless otherwise provided by federal laws.
Individual labor
disputes:
about refusal to hire;
persons working under an employment contract with employers - individuals who are not
self-employed and religious workers
organizations;
persons who believe that they have been discrimination .
Information about changes:

Page 299

Article 392 amended from April 16, 2021 - Federal Law of April 5, 2021 N 74FZ
See previous edition
Article 392. Time limits for applying to court for permission of individual labor
spore
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 392 of the Labor Code of the Russian Federation
On the constitutional and legal meaning of the provisions of the first part of Article 392 of this
Of the Code, see Resolution of the Constitutional Court of the Russian Federation of October 25, 2018 N 38-P
An employee has the right to apply to court for permission from an individual
labor dispute within three months from the day he learned or should have learned about
violation of their rights, and in disputes about dismissal - within one month from the date
handing him a copy of the order of dismissal either from the date of issue of the work book or from
day of providing the employee in connection with his dismissal of information about the labor
activity ( article 66.1 of this Code) with the employer in last place
work.
For the resolution of an individual labor dispute on non-payment or incomplete
payment of wages and other payments due to the employee, he has the right
go to court within one year from the date of the due date for the payment of the specified
amounts, including in the case of non-payment or incomplete payment of wages and other
payments due to an employee upon dismissal.
If there is a dispute about compensation for moral damage caused to an employee
due to violation of his labor rights, the claim for such compensation may be
filed in court simultaneously with the demand for the restoration of violated labor
rights or within three months after the entry into force of the court decision,
to whom these rights were restored in whole or in part.
The employer has the right to go to court in disputes for employee compensation
damage caused to the employer within one year from the date of discovery
damage caused.
If, for valid reasons, the deadlines established by parts one are missed ,
second, the third and fourth of this article, they can be restored by the court.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 393 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 393. Exemption of employees from court costs
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 393 of the Labor Code of the Russian Federation
When applying to the court with a claim for claims arising from labor
relations, including non-fulfillment or improper fulfillment
the terms of the employment contract, which are of a civil nature, employees
are exempted from payment of duties and legal costs.
Information about changes:

Article 394 amended from January 1, 2020 - Federal Law of December 16, 2019 N

Page 300

439-ФЗ
See previous edition
Article 394. Making decisions on labor disputes on dismissal and transfer
for another job
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 394 of the Labor Code of the Russian Federation
If the dismissal or transfer to another job is recognized as illegal
the employee must be reinstated in his previous job by the body considering
individual labor dispute.
GUARANTEE:

On granting an employee an annual paid leave upon recovery
at work, see Rostrud letter of June 14, 2012 N 853-6-1
The body considering an individual labor dispute decides on
payment to an employee of average earnings for the entire time of forced absenteeism or difference
in earnings for the entire time of performing lower-paid work.
At the request of the employee, the body considering the individual labor
dispute, may be limited to the issuance of a decision on collection in favor of the employee
specified in part two of this article of compensation.
If the dismissal is declared illegal, the body considering
individual labor dispute, may, at the request of the employee, make a decision on
changing the wording of the grounds for dismissal for dismissal on their own
desire.
In case of recognition of the wording of the grounds and (or) the reasons for dismissal
incorrect or not in accordance with the law, the court considering an individual
labor dispute, is obliged to change it and indicate in the decision the basis and reason for dismissal
in strict accordance with the wording of this Code or other federal
of the law with reference to the relevant article, part of the article, paragraph of the article of this
Of the Code or other federal law.
If the dismissal is recognized as illegal, and the term of the employment contract is
consideration of the dispute by the court has expired, then the court considering the individual labor
dispute, is obliged to change the wording of the grounds for dismissal to dismissal upon expiration
the term of the employment contract.
If, in the cases provided for in this article, after recognizing the dismissal
illegal, the court makes a decision not on the reinstatement of the employee, but on the change
the wording of the grounds for dismissal, the date of dismissal should be changed to
the date of the decision by the court. In the case when, by the time the specified
decision, the employee, after the contested dismissal, entered into an employment relationship with
by another employer, the date of dismissal must be changed to the date
preceding the day of starting work for this employer.
If the wording of the grounds and (or) the reasons for dismissal in
work book or information about work activity (Article 66.1 of this
Of the Code) prevented the employee from entering another job, the court accepts
the decision to pay him the average earnings for the entire time of the forced absence.
In cases of dismissal without a legal basis or in violation of the established
the procedure for dismissal or illegal transfer to another job, the court may
the employee's demand to make a decision on the collection in favor of the employee of monetary
compensation for moral harmcaused to him by the indicated actions. The size of this
compensation is determined by the court.

Page 301

Article 395. Satisfaction of monetary claims of an employee
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 395 of the Labor Code of the Russian Federation
If recognized by the body considering an individual labor dispute,
the employee's monetary claims are justified, they are satisfied in full
size.
Article 396. Execution of decisions on reinstatement at work
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 396 of the Labor Code of the Russian Federation
The decision to reinstate an unlawfully dismissed employee at work, about
reinstatement at the previous job of an employee who was illegally transferred to another
work is subject to immediate execution. If the employer delays in performance
of such a decision, the body that made the decision issues a determination to pay the employee
for the entire time of delay in the execution of the decision of the average earnings or the difference in
earnings.
Article 397. Restriction of the reverse recovery of amounts paid by decision
bodies considering individual labor disputes
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 397 of the Labor Code of the Russian Federation
Recovering from the employee the amounts paid to him in accordance with
by the decision of the body for considering the individual labor dispute, upon cancellation
decisions by way of supervision are allowed only in cases where the canceled
the decision was based on false information provided by the employee, or
forged documents submitted to them.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ in the title of Chapter 61
of this Code has been amended, which will enter into force after 90 days
after the day of the official publication of the said Federal Law
See the text of the name in the previous edition

Chapter 61. Consideration and resolution of collective labor disputes
GUARANTEE:

Cm. scheme "Consideration and resolution of collective labor disputes"
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 398 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 398. Basic concepts
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 398 of the Labor Code of the Russian Federation

Page 302

Collective labor dispute - unresolved differences between
employees (their representatives) and employers (their representatives) regarding
establishing and changing working conditions (including wages), conclusions,
changes and implementation of collective agreements, agreements, as well as in connection with
the employer's refusal to take into account the opinion of the elected representative body of employees
when adopting local regulations.
Conciliation procedures - consideration of a collective labor dispute in
the purpose of its resolution by a conciliation commission , with the participation of an intermediary and (or) in
labor arbitration .
Day of the beginning of the collective labor dispute - the day of communication of the decision
the employer (his representative) on the rejection of all or part of the workers' demands
(their representatives) or failure to notify the employer (his representative) in
conformity with Article 400 of this Code of its decision.
A strike is a temporary voluntary refusal of employees to perform labor
duties (in whole or in part) in order to resolve the collective labor
spore.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 399 of this Code
changes made
See the text of the article in the previous edition
Article 399. Presentation of claims of employees and their representatives
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on Article 399 of the Labor Code of the Russian Federation
Employees and their representatives have the right to put forward demands.
determined in accordance with Articles 29 - 31 and part five of Article 40 of this
Кодекса.
Requirements put forward by employees and (or) representative body
employees of the organization (branch, representative office or other separate
structural unit), an individual entrepreneur, are approved for
the corresponding meeting (conference) of employees, set out in writing
and sent to the employer by a representative body of employees authorized
them to resolve a collective labor dispute.
A meeting of employees is considered competent if it is attended by more than
half of the employed. A conference is considered eligible if it is attended
at least two thirds of the elected delegates. Decision on the approval of the nominated
requirements are adopted by a majority of votes of employees (delegates),
those present at the meeting (conference). If it is impossible to hold a meeting
(convocation of a conference) of employees, the representative body of employees has the right
approve your decision by collecting signatures of more than half of employees in support
the requirements put forward by him.
The employer is obliged to provide employees or employee representatives
the necessary room for a meeting (conference) on the nomination
requirements and does not have the right to interfere with his (her) implementation.
Part five expired.
Information about changes:

See text part five of article 399
Requirements of trade unions and their associations (all-Russian and
interregional trade unions, their territorial organizations,

Page 303

associations of trade unions and associations of territorial organizations
trade unions) are nominated by their elected collegial bodies,
authorized for this by the statutes of the trade unions and the statutes of their
associations, and sent by the indicated bodies to the relevant parties
social partnership.
Requirements (copy of requirements) can be sent (can be sent)
to the appropriate state body for the regulation of collective labor
disputes, including in the form of an electronic document. In this case, the state
the body for the settlement of collective labor disputes is obliged to verify the receipt
claims (copies of claims) by the other party to the collective labor dispute.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 400 of this Code
changes made
See the text of the article in the previous edition
Article 400. Consideration of claims of employees, trade unions and
their associations
GUARANTEE:

See comments to article 400 of the Labor Code of the Russian Federation
The employer is obliged to take into consideration the claims sent to him
workers. The employer informs the representative body of the decision taken
employees of the organization (branch, representative office or other separate
structural unit), an individual entrepreneur in writing in
within two working days from the date of receipt of the specified requirements.
Associations of employers, other representatives of employers, determined
in accordance with article 34 of this Code, are obliged to take into consideration
the requirements of trade unions (their associations) sent to them and inform
written form to trade unions (their associations) on the decision taken in
within three weeks from the date of receipt of the specified requirements.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 401 of this Code
changes made
See the text of the article in the previous edition
Article 401. Conciliation procedures
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 401 of the Labor Code of the Russian Federation
The procedure for resolving a collective labor dispute consists of the following
stages: consideration of a collective labor dispute by a conciliation commission ,
consideration of a collective labor dispute with the participation of a mediator and (or) in labor m
arbitration .
Consideration of a collective labor dispute by a conciliation commission
is a required step.
Each of the parties to the collective labor dispute at any time after the start
of this dispute has the right to apply, including in the form of an electronic document, to
the relevant state body for the regulation of collective labor
disputes for notification registration of a dispute.
Neither party to a collective labor dispute has the right to evade
participation in conciliation procedures.

Page 304

Representatives of the parties, conciliation commission, mediator, labor arbitration,
the state body for the settlement of collective labor disputes is obliged
use all the possibilities provided by law to resolve
arisen collective labor dispute.
Conciliation procedures are carried out within the timeframes provided for by this
The Code.
If necessary, the terms provided for
conciliation procedures may be extended with the consent of the parties to the collective
labor dispute. The decision to extend the term is drawn up in a protocol.
Employees have the right in the manner prescribed by federal law
hold meetings, rallies, demonstrations, picketing in support of their
claims during the period of consideration and resolution of a collective labor dispute,
including the period of organizing and conducting the strike.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 402 of this Code
changes made
See the text of the article in the previous edition
Article 402. Consideration of collective labor dispute by conciliation
commission
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 402 of the Labor Code of the Russian Federation
In the event of a collective labor dispute at the local level
social partnership, the conciliation commission is created in up to two workers
days from the date of the commencement of the collective labor dispute, and in case of
collective labor dispute at other levels of social partnership - up to
three working days from the date of the commencement of the collective labor dispute.
The decision to create a conciliation commission with the permission of the collective
labor dispute at the local level of social partnership is formalized
by the relevant order (order) of the employer and the decision of the representative
workers. Decisions to establish conciliation commissions upon resolution
collective labor disputes at other levels of social partnership are formalized
relevant acts (order, order, resolution) of representatives
employers and workers' representatives.
The conciliation commission is formed from representatives of the parties to the collective
labor dispute on an equal basis.
The parties to a collective labor dispute have no right to evade creating
the conciliation commission and participation in its work.
The employer (representative of employers) creates the necessary conditions for
the work of the conciliation commission.
Collective labor dispute at the local level of social partnership
must be considered by the conciliation commission within three working days, and
collective labor dispute at other levels of social partnership - up to five
working days from the date of publication of the relevant acts on its creation.
The decision of the conciliation commission is made by agreement of the parties
collective labor dispute, drawn up by a protocol, has for the parties to this dispute
binding force and executed in the manner and terms established by the decision
conciliation commission.
If no agreement is reached in the conciliation commission, the parties to the collective

Page 305

labor dispute begin negotiations on the consideration of the collective labor dispute
a dispute involving a mediator and (or) in labor arbitration.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 403 of this Code
changes made
See the text of the article in the previous edition
Article 403. Consideration of a collective labor dispute with the participation of a mediator
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 403 of the Labor Code of the Russian Federation
Not later than the next working day after the day of drawing up the conciliatory
by the commission of the protocol of disagreements, the parties to the collective labor dispute are obliged
negotiate a collective labor dispute involving
intermediary. In case of failure to reach agreement of the parties to the collective labor dispute
a protocol is drawn up on the refusal of the parties or one of the parties from this conciliatory
procedures and they begin negotiations to review the collective labor
dispute in labor arbitration.
With the consent of the parties to the collective labor dispute to consider
collective labor dispute with the participation of a mediator, an appropriate
agreement, after which the parties to the collective labor dispute are obliged, within a period not exceeding
two working days to agree on the candidacy of a mediator. If necessary, the parties
collective labor dispute may apply for a recommendation
mediate to the appropriate government agency for the settlement
collective labor disputes. If during the specified period the parties
collective labor dispute did not reach an agreement on the candidacy
mediator, then they begin negotiations on the consideration of a collective labor
dispute in labor arbitration.
Procedure for Considering a Collective Labor Dispute with the Participation of a Mediator
determined by agreement of the parties to a collective labor dispute involving
intermediary.
The mediator has the right to request from the parties to the collective labor dispute and
receive from them the necessary documents and information regarding this dispute.
Consideration of a collective labor dispute with the participation of a mediator
carried out at the local level of social partnership for up to three workers
days, and at other levels of social partnership - within up to five working days from the day
invitation (appointment) of a mediator and ends with the acceptance by the parties
collective labor dispute by an agreed solution in writing or
drawing up a protocol of disagreements.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 404 of this Code
changes made
See the text of the article in the previous edition
Article 404. Consideration of a collective labor dispute in labor arbitration
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 404 of the Labor Code of the Russian Federation
Labor arbitration is the body for the review of the collective
labor dispute. Temporary labor arbitration is established by the parties to the collective
labor dispute jointly with the relevant state body for

Page 306

settlement of collective labor disputes for the consideration of this
collective labor dispute. By the decision of the relevant tripartite commission on
regulation of social and labor relations with it can be created constantly
active labor arbitration for the consideration and resolution of collective
labor disputes transferred to him for consideration by agreement of the parties.
Not later than the next working day after the day of drawing up the protocol
disagreements upon completion of the consideration of a collective labor dispute involving
mediator, or after the expiration of the period during which the parties to the collective
labor dispute must reach an agreement on the candidacy of a mediator,
either after drawing up a protocol on refusal of the parties or one of the parties to the collective
labor dispute from consideration of a collective labor dispute with the participation of a mediator
the parties to the collective labor dispute are obliged to negotiate
collective labor dispute in labor arbitration.
With the consent of the parties to the collective labor dispute to consider
collective labor dispute in labor arbitration by them is
related agreement containing a binding clause
by the parties to the decisions of the labor arbitration, after which the parties to the collective labor
disputes are required when resolving a collective labor dispute at the local level
social partnership within up to two working days, and with the permission of the collective
labor dispute at other levels of social partnership for up to four workers
days to create together with the relevant state body for
settlement of collective labor disputes temporary labor arbitration for
consideration of this collective labor dispute or transfer it to
consideration in a permanent labor arbitration established at
the relevant tripartite commission for the regulation of social and labor
relationships.
The composition and rules of temporary labor arbitration are established by a decision
employer (representative of employers), employee representative and
state body for the settlement of collective labor disputes. IN
permanent labor arbitration procedure for the formation of the composition of the labor
arbitration for the resolution of a specific labor dispute and its rules are determined
the regulation on permanent labor arbitration (the charter of permanent
current labor arbitration), approved by the relevant tripartite
Commission for the regulation of social and labor relations. The federal body
executive power, carrying out functions for the development of state
labor policy and regulation, taking into account the opinion
Russian Tripartite Commission for the Regulation of Social and Labor Relations
a model provision on permanent labor arbitration may be approved
(model charter of a permanent labor arbitration tribunal).
A collective labor dispute is considered in labor arbitration with the participation of
representatives of the parties to this dispute when resolving a collective labor dispute
at the local level of social partnership within up to three working days, and with
resolving a collective labor dispute at other levels of social partnership within a period of up to five working days from the date of the creation of the temporary labor arbitration or
referral of a collective labor dispute to a permanent
labor arbitration.
Labor arbitration considers appeals of the parties to the collective labor
spore; obtains the necessary documents and information regarding this dispute;
informs, if necessary, public authorities and local authorities
self-government on the possible social consequences of a collective labor dispute;

Page 307

makes a decision on the merits of a collective labor dispute.
Labor Arbitration Decision on Settlement of a Collective Labor Dispute
transmitted to the parties to this dispute in writing.
In cases where, in accordance with parts one and two of Article 413 of this
Of the Code in order to resolve a collective labor dispute cannot be carried out
strike, consideration of a collective labor dispute in labor arbitration
is binding and the decision of the labor arbitration is binding on the parties
force regardless of the existence of an agreement of the parties on this issue. Moreover, if
the parties do not come to an agreement on the establishment of a temporary labor arbitration, its
composition and regulations or on the transfer of a collective labor dispute for consideration
to a permanent labor arbitration, the decision on these issues is made
the relevant state body for the regulation of collective labor
disputes.
Article 405. Guarantees in connection with the settlement of a collective labor dispute
GUARANTEE:

See comments on article 405 of the Labor Code of the Russian Federation
Members of the conciliation commission, labor arbitrators at the time of participation in
resolution of a collective labor dispute are exempted from the main work with
preservation of average earnings for a period not exceeding three months within one year.
Representatives participating in the settlement of the collective labor dispute
workers, their associations cannot be during the period of permission of the collective
labor dispute subject to disciplinary action , transferred to another
work or fired at the initiative of the employer without prior consent
the body that authorized them to represent.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011, Article 406 of this Code
изложена в новой редакции
See the text of the article in the previous edition
Article 406. Avoidance of participation in conciliation procedures
GUARANTEE:

See comments on article 406 of the Labor Code of the Russian Federation
If one of the parties to a collective labor dispute evades participation in
the establishment or operation of a conciliation commission, the other side of the collective
labor dispute has the right to require negotiations to resolve
collective labor dispute with the participation of an intermediary no later than the next worker
days after the day the specified demand was made.
If one of the parties to the collective labor dispute evades negotiations on
consideration of a collective labor dispute with the participation of an intermediary or from participation in
consideration of a collective labor dispute with the participation of a mediator the other party
collective labor dispute has the right to demand negotiations on
consideration of a collective labor dispute in labor arbitration no later than
the next business day after the day the specified request is made.
When the employer (representative of employers) avoids creating
temporary labor arbitration, transfer of a collective labor dispute to
consideration in a permanent labor arbitration or from participation in
consideration of a collective labor dispute by labor arbitration, it is considered that
the conciliation procedures did not lead to the resolution of the collective labor dispute.

Page 308

Information about changes:

Federal Law No. 55-FZ of April 2, 2014 into Article 407 of this Code
changes made
See the text of the article in the previous edition
Article 407. Participation of state bodies in the settlement of collective
labor disputes in resolving collective labor disputes
GUARANTEE:

See comments on article 407 of the Labor Code of the Russian Federation
State bodies for the settlement of collective labor disputes
are the federal executive body exercising the functions of
the provision of public services in the field of settlement of collective labor
disputes, and executive authorities of the constituent entities of the Russian Federation,
participating in the settlement of collective labor disputes.
Federal executive body performing functions of
the provision of public services in the field of settlement of collective labor
disputes:
produces notification registration of collective labor disputes on
regarding the conclusion, modification and implementation of agreements concluded on
federal level social partnership, collective labor disputes in
federal government agencies, federal government agencies,
federal state unitary enterprises, as well as collective
labor disputes arising in cases where, in accordance with parts one and
the second article 413 of this Code in order to permit collective labor
in dispute the strike cannot be carried out;
contributes to the settlement of the specified collective labor disputes;
maintains a database for registering labor arbitrators;
organizes the training of labor arbitrators .
The executive authorities of the constituent entities of the Russian Federation participating in
settlement of collective labor disputes:
produce notification registration of collective labor disputes, for
with the exception of collective labor disputes specified in part two of this
articles;
contribute to the settlement of these collective labor disputes.
State bodies for the settlement of collective labor disputes in
within their powers:
check, if necessary, the credentials of the representatives of the parties
collective labor dispute;
identify, analyze and generalize the causes of the emergence of collective
labor disputes, prepare proposals for their elimination;
provide methodological assistance to the parties to a collective labor dispute on
all stages of its consideration and resolution;
organize, in the prescribed manner, the financing of conciliation procedures.
State bodies for the settlement of collective labor disputes in
organization of work for the settlement of collective labor disputes
interact with representatives of employees and employers.
Employees of state bodies for the regulation of collective labor
disputes have the right in the manner prescribed by federal laws and other
regulatory legal acts of the Russian Federation, without hindrance when

Page 309

presenting a certificate of the established form to visit any employer
(organizations, regardless of their organizational and legal forms and forms of ownership, and
also employers - individuals) in order to settle collective
labor disputes, identifying and eliminating the reasons giving rise to these disputes.
GUARANTEE:

See the chart “Participation of state bodies in the authorization of collective labor
disputes "
Information about changes:

Federal Law of November 22, 2011 N 334-FZ Article 408 of this Code
изложена в новой редакции
See the text of the article in the previous edition
Article 408. Agreements reached during the resolution of the collective
labor dispute
GUARANTEE:

See comments on article 408 of the Labor Code of the Russian Federation
Agreements reached by the parties to a collective labor dispute during
resolving this dispute, including an agreement to settle the collective
labor dispute, are drawn up in writing and have a collective
labor dispute binding. Control over their implementation is carried out

parties to a collective labor dispute.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 409 of this Code
changes made
See the text of the article in the previous edition
Article 409. Right to strike
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 409 of the Labor Code of the Russian Federation
In accordance with Article 37 of the Constitution of the Russian Federation, it is recognized
the right of workers to strike as a way of resolving a collective labor dispute.
If the conciliation procedures did not lead to the resolution of the collective
labor dispute ( Article 406 of this Code) or the employer (representatives
employer) or employers (employers' representatives) do not comply
agreements reached by the parties to a collective labor dispute in the course of resolving
this dispute (article 408 of this Code), or do not comply with the decision of the labor
arbitration, then employees or their representatives have the right to start organizing
strikes, with the exception of cases when in accordance with parts one and two
Article 413 of this Code in order to resolve a collective labor dispute
the strike cannot be carried out.
Participation in a strike is voluntary. No one can be forced to
participation or refusal to participate in the strike.
Persons forcing employees to participate or refuse to participate in a strike,
bear disciplinary, administrative, criminal liability in accordance with the procedure,
established by this Code , other federal laws.
Employer's representatives are not entitled to organize a strike and take
her participation.

Page 310

Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 410 of this Code
changes made
See the text of the article in the previous edition
Article 410. Announcement of a strike
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 410 of the Labor Code of the Russian Federation
The decision to declare a strike is made by the meeting (conference)
employees of the organization (branch, representative office or other separate
structural unit), an individual entrepreneur at the suggestion of
representative body of employees, previously authorized by them for permission
collective labor dispute.
The decision on the participation of employees of this employer in a strike declared
trade union (association of trade unions), adopted
meeting (conference) of employees of this employer without holding
conciliatory procedures.
The meeting of the employees of the given employer shall be deemed competent if at it
more than half of the total number of employees is present. Workers conference
of the given employer is considered eligible if at least two
third of the delegates to the conference.
The employer is obliged to provide premises and create the necessary conditions
to hold a meeting (conference) of employees and has no right to interfere
his (her) conduct.
The decision is considered adopted if at least half of them voted for it.
employees attending the meeting (conference). If impossible
holding a meeting (convening a conference) of employees representative body
employees have the right to approve their decision by collecting signatures of more than half
workers in support of the strike.
During the period of consideration of a collective labor dispute conciliatory
by the commission, employees can conduct an hourly warning
strike. A warning strike is allowed when considering
collective labor dispute at the local level of social partnership after
three calendar days of the work of the conciliation commission with a warning
employer in writing no later than two working days, and if
consideration of a collective labor dispute at other levels of social partnership
- after four calendar days of the work of the conciliation commission with
by warning the employer in writing not later than three workers
day.
In the event of a warning strike, the heading body
provides a minimum of necessary work (services) in accordance with this
The Code.
The employer must be notified of the start of an upcoming strike in
in writing no later than five working days. About the beginning of the strike
declared by a trade union (association of trade unions),
association of employers, other representatives of employers defined in
in accordance with article 34 of this Code, must be warned in
in writing no later than seven working days.
The decision to declare a strike shall indicate:
a list of disagreements between the parties to a collective labor dispute, which are

Page 311

the basis for the announcement and conduct of a strike;
the date and time of the start of the strike, the estimated number of participants. When
the strike cannot be started later than two months from the date of the decision
about the announcement of a strike;
name of the body leading the strike, composition of representatives
employees authorized to participate in conciliation procedures;
proposals for the minimum of necessary work (services) performed during the period
strike by employees of the organization (branch, representative office or
another separate structural unit), an individual entrepreneur.
The employer warns of the upcoming strike.
state body for the settlement of collective labor disputes.
In the event that the strike was not started within the time limit determined by the decision on
declaring a strike, further resolving the collective labor dispute
carried out in the manner prescribed by Article 401 of this Code.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011, Article 411 of this Code
изложена в новой редакции
See the text of the article in the previous edition
Article 411. Body leading a strike
GUARANTEE:

Cm. Encyclopedias and other comments on article 411 of the Labor Code of the Russian Federation
The strike is headed by a representative body of workers.
The body leading the strike has the right to call meetings (conferences)
employees, to receive information from the employer on issues affecting
the interests of employees, to attract specialists to prepare opinions on controversial
questions.
The body leading the strike has the right to suspend the strike. For
resumption of the strike does not require a re-examination of the collective
a labor dispute by a conciliation commission or in labor arbitration. Employer and
the relevant state body for the regulation of collective labor
disputes must be warned in writing about the resumption of the strike
no later than two working days, and the resumption of the strike declared
trade union (union of trade unions), an association
employers, other representatives of employers, determined in accordance with
article 34 of this Code, and the relevant state body for
settlement of collective labor disputes should be warned in
in writing not later than three working days.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 412 of this Code
changes made
See the text of the article in the previous edition
Article 412. Obligations of the parties to a collective labor dispute during
strikes
GUARANTEE:

See comments on article 412 of the Labor Code of the Russian Federation
During the period of the strike, the parties to the collective labor dispute must
continue to resolve this dispute through negotiations.

Page 312

The employer, executive authorities, local governments and
the body leading the strike is obliged to take measures in their control to
ensuring public order during the strike, the safety of property
the employer and employees, as well as the work of machinery and equipment, the stop of which
poses an immediate threat to human life and health.
The list of the minimum required work (services) performed during the period
strike by employees of organizations (branches, representative offices or
other separate structural divisions), individual entrepreneurs,
whose activities are related to the safety of people, ensuring their health and
vital interests of society, in each sector (sub-sector) of the economy
developed and approved by the federal executive body, for
which is entrusted with the coordination and regulation of activities in the relevant
branches (sub-branches) of the economy, in agreement with the relevant all-Russian
trade union. In the event that an industry (sub-industry) of the economy operates
several all-Russian trade unions, a list of the minimum required
works (services) are approved by agreement with all operating in the industry
(subsectors) of the economy by all-Russian trade unions. Order
development and approval of a list of the minimum required work (services) is determined
By the Government of the Russian Federation.
The executive body of a constituent entity of the Russian Federation based on
lists of the minimum required work (services), developed and approved
relevant federal executive bodies, develops and
approves in agreement with the relevant territorial associations
organizations of trade unions (associations of trade unions)
regional lists of the minimum required work (services), specifying
content and determining the procedure for the application of federal industrial lists
minimum required works (services) on the territory of the respective entity
Russian Federation.
The minimum required work (services) performed during the period
strikes by employees of the organization (branch, representative office or other
a separate structural unit), an individual entrepreneur,
determined by the agreement of the employer (representative of the employer) and
the representative body of employees together with the local government at
based on lists of the minimum required work (services) within three days from the date
making a decision to declare a strike. Inclusion of the type of work (services) in the minimum
necessary works (services) must be motivated by the likelihood of causing harm
health or threat to the life of citizens. The minimum required work (services) cannot
include works (services) not provided for by the corresponding lists
minimum required work (services).
In case of failure to reach an agreement, the minimum required work (services)
established by the executive authority of the constituent entity of the Russian Federation.
Decision of the specified body establishing the minimum required work
(services) may be appealed by the parties to a collective labor dispute in court.
If the minimum required work (services) is not provided, a strike may be
suspended by a court decision until the employees and representative
the body of workers of the relevant requirements
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 413 of this Code
changes made

Page 313

See the text of the article in the previous edition
Article 413. Illegal strikes
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 413 of the Labor Code of the Russian Federation
In accordance with Article 55 of the Constitution of the Russian Federation, are
illegal and strikes are not allowed:
a) during periods of the introduction of martial law or a state of emergency or special measures in
compliance with emergency legislation; in organs and
organizations of the Armed Forces of the Russian Federation, other military,
paramilitary and other formations, organizations (branches, representative offices
or other separate structural divisions) directly in charge
issues of ensuring the country's defense, state security, emergency
rescue, search and rescue, fire fighting, warning or
elimination of natural disasters and emergencies; in law enforcement
organs; in organizations (branches, representative offices or other separate
structural units) directly serving especially dangerous types
production facilities or equipment, at stations of ambulance and emergency medical care;
b) in organizations (branches, representative offices or other isolated
structural units) directly related to the provision of
life of the population (energy supply, heating and heat supply,
water supply, gas supply, aviation, rail and water transport,
communications, hospitals), in the event that the strike poses a threat to the defense
country and state security, life and health of people.
The right to strike may be restricted by federal law.
A strike is illegal if it was announced without taking into account the timeframe,
procedures and requirements provided for by this Code.
GUARANTEE:

On administrative responsibility for unauthorized termination of work as
a means of resolving a collective labor dispute by a person providing
safety of the relevant activity for the population, if such
actions (inaction) are prohibited by federal law see RF Code on
administrative offenses
The decision to declare a strike illegal is made by the Supreme Courts
republics, regional, regional courts, courts of federal cities,
courts of the autonomous region and autonomous regions at the request of the employer or
the prosecutor.
The decision of the court is brought to the attention of employees through the body that heads
strike, who is obliged to immediately inform the strike participants about
the decision of the court.
The court decision on declaring the strike unlawful, which entered into legal force,
is subject to immediate execution. Employees are required to end the strike and
start work no later than the next day after the delivery of a copy of the specified
the decision of the court to the body leading the strike.
In the event of an immediate threat to the life and health of people, the court has the right
a strike that has not begun shall be postponed for up to 15 days, and a strike that has begun - to be suspended
for the same period.
In cases of particular importance for the provision of vital
interests of the Russian Federation or its individual territories, the Government

Page 314

The Russian Federation has the right to suspend the strike until the issue is resolved.
by the appropriate court, but for no more than ten calendar days.
Part nine expired.
Information about changes:

See text part nine of article 413
Article 414. Guarantees and legal status of employees in connection with the conduct
strikes
GUARANTEE:

Cm. Encyclopedias and other comments on article 414 of the Labor Code of the Russian Federation
An employee's participation in a strike cannot be considered a violation
labor discipline and grounds for terminating an employment contract, for
except in cases of failure to fulfill the obligation to end the strike in accordance with
from part six of Article 413 of this Code.
It is prohibited to apply measures to workers participating in a strike
disciplinary liability, with the exception of cases provided for in part
sixth article 413 of this Code.
During the strike, the workers participating in it retain a place
work and position.
The employer has the right not to pay wages to employees for
the time of their participation in the strike, with the exception of workers engaged in the performance
obligatory minimum of works (services).
Collective bargaining, agreement or agreements reached during
collective labor dispute resolution may be provided for
compensation payments to workers participating in the strike.
Employees who do not take part in the strike, but in connection with its holding do not
who had the opportunity to do their job and who declared in writing about
due to this downtime, payment for downtime through no fault of the employee is made in
the order and size, which are provided for by this Code . The employer has
the right to transfer these employees to another job in the manner prescribed
real The Code .
Collective bargaining, agreement or agreements reached during
resolution of a collective labor dispute, a more preferential treatment may be provided
the procedure for payments to employees not participating in a strike than the one provided
настоящим Кодексом.
Section 415. Prohibition of Lockout
GUARANTEE:

See comments on article 415 of the Labor Code of the Russian Federation
In the process of resolving a collective labor dispute, including holding
strikes, lockout is prohibited - dismissal of workers at the initiative of the employer in
connection with their participation in a collective labor dispute or strike.
GUARANTEE:

On administrative responsibility for the dismissal of employees in connection with
collective labor dispute and call of strike see article 5.34 of the Code
RF on administrative offenses
Information about changes:

Page 315

Federal Law No. 334-FZ of November 22, 2011 into Article 416 of this Code
changes made
See the text of the article in the previous edition
Article 416. Responsibility for evading participation in conciliation
procedures, failure to comply with the agreement reached as a result
conciliation procedure, non-performance or refusal to perform
labor arbitration awards
GUARANTEE:

See comments on article 416 of the Labor Code of the Russian Federation
Employer representatives (employers' representatives) evading
receiving workers' demands and participating in conciliation procedures, including
not providing premises for a meeting (conference) on
making demands, declaring a strike or preventing him (her)
conduct, are subject to disciplinary responsibility in accordance with
this Code or administrative responsibility in the manner that
established by the legislation of the Russian Federation on administrative
offenses.
Representatives of the employer (representatives of employers) and employees,
guilty of non-fulfillment of obligations under agreements reached as a result
conciliation procedure, as well as those guilty of non-performance or refusing to
enforcement of the decision of the labor arbitration, are involved in an administrative
responsibility in the manner established by the legislation of the Russian
Federation of Administrative Offenses.
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 417 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 417. Liability of employees for illegal strikes
GUARANTEE:

See comments to article 417 of the Labor Code of the Russian Federation
Employees who have started or did not stop the strike for
the next working day after being brought to the attention of the body leading the strike,
a court decision that entered into legal force declaring the strike illegal or
postponement or suspension of a strike may be subject to disciplinary
collection for violation of labor discipline.
Representative body of workers that announced and did not stop the strike
after recognizing it as illegal, is obliged to compensate the losses caused to the employer
illegal strike, at the expense of their own funds in the amount determined by the court.
Information about changes:

Federal Law No. 334-FZ of November 22, 2011 into Article 418 of this Code
changes made
See the text of the article in the previous edition
Article 418. Documentation during consideration and permission
collective labor dispute

Page 316

GUARANTEE:

See comments on article 418 of the Labor Code of the Russian Federation
Actions of the parties to a collective labor dispute, agreements and decisions,
accepted in connection with the consideration and resolution of this dispute, are drawn up
protocols by representatives of the parties to a collective labor dispute,
conciliatory bodies, the body leading the strike.
Chapter 62. Responsibility for violation of labor legislation and other acts,
containing labor law

Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 419 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 419. Types of liability for violation of labor legislation and
other acts containing labor law norms
GUARANTEE:

Cm. Encyclopedias and other comments on article 419 of the Labor Code of the Russian Federation
Persons guilty of violating labor laws and other acts,
containing the norms of labor law, are involved in disciplinary and material
responsibility in the manner prescribed by this Code and other
federal laws, and are also involved in civil law,
administrative and criminal liability in the manner prescribed
federal laws.
Part six

Section XIV. Final provisions
Article 420. Terms of entry into force of this Code
GUARANTEE:

See comments on article 420 of the Labor Code of the Russian Federation
This Code comes into force on February 1, 2002.
Information about changes:

Federal Law No. 54-FZ of April 20, 2007, Article 421 of this Code
set out in a new edition, effective from September 1, 2007
See the text of the article in the previous edition
Article 421. The procedure and terms for the introduction of the minimum wage,
provided for in part one of Article 133 of this Code
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 421 of the Labor Code of the Russian Federation

Page 317

The procedure and terms for a phased increase in the minimum wage to
the size provided for in part one of Article 133 of this Code,
are established federal law .
Article 422. Invalidation of certain legislative acts
GUARANTEE:

See comments on Article 422 of the Labor Code of the Russian Federation
To invalidate from February 1, 2002:
Labor Code of the RSFSR, approved by the Law of the RSFSR of December 9
1971 "On Approval of the Code of Labor Laws of the RSFSR" (Bulletin of the Supreme
Council of the RSFSR, 1971, N 50, art. 1007);
Decree of the Presidium of the Supreme Soviet of the RSFSR dated March 15, 1972 "On the procedure
the enactment of the Labor Code of the RSFSR "(Bulletin of the Supreme Soviet
RSFSR, 1972, No. 12, art. 301);
Decree of the Presidium of the Supreme Soviet of the RSFSR dated September 20, 1973 "On
amendment of Article 240 of the Labor Code of the RSFSR "(Bulletin of the Supreme Council
RSFSR, 1973, No. 39, art. 825);
Law of the RSFSR of December 19, 1973 "On Approval of Decrees of the Presidium
Of the Supreme Soviet of the RSFSR, making some changes and additions to
current legislation of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1973, N
51, art. 1110) regarding the approval of the Decree of the Presidium of the Supreme Soviet of the RSFSR dated 20
September 1973 "On Amendments to Article 240 of the Labor Code of the RSFSR";
Decree of the Presidium of the Supreme Soviet of the RSFSR dated July 23, 1974 "On making
changes and additions to the Labor Code of the RSFSR "(Vedomosti
Council of the RSFSR, 1974, No. 30, art. 806);
Law of the RSFSR of August 2, 1974 "On the Approval of Decrees of the Presidium
Of the Supreme Soviet of the RSFSR, making some changes and additions to
current legislation of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1974, N
32, art. 854) regarding the approval of the Decree of the Presidium of the Supreme Soviet of the RSFSR dated 23
July 1974 "On Amendments and Additions to the Labor Code of the RSFSR";
Decree of the Presidium of the Supreme Soviet of the RSFSR dated December 30, 1976 "On making
changes and additions to the Labor Code of the RSFSR "(Vedomosti
Council of the RSFSR, 1977, N 1, art. one);
Law of the RSFSR of July 20, 1977 "On the Approval of Decrees of the Presidium
Of the Supreme Soviet of the RSFSR, making some changes and additions to
current legislation of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1977, N
30, art. 725) regarding the approval of the Decree of the Presidium of the Supreme Soviet of the RSFSR dated 30
December 1976 "On Amendments and Additions to the Labor Code
RSFSR ";
Decree of the Presidium of the Supreme Soviet of the RSFSR dated January 15, 1980 "On the introduction of
amendments to Article 31 of the Labor Code of the RSFSR "(Bulletin of the Supreme Soviet
RSFSR, 1980, No. 3, art. 68);
Law of the RSFSR of March 26, 1980 "On the Approval of Decrees of the Presidium
Of the Supreme Soviet of the RSFSR on amendments and additions to some
legislative acts of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1980, N 14, art.
352) regarding the approval of the Decree of the Presidium of the Supreme Soviet of the RSFSR dated January 15
1980 "On Amendments to Article 31 of the Labor Code of the RSFSR";
Decree of the Presidium of the Supreme Soviet of the RSFSR dated August 12, 1980 "On the introduction
changes and additions to the Labor Code of the RSFSR "(Vedomosti
Council of the RSFSR, 1980, N 34, art. 1063);

Page 318

Law of the RSFSR of November 20, 1980 "On the Approval of Decrees of the Presidium
Of the Supreme Soviet of the RSFSR on amendments and additions to the Criminal, Criminal
procedural and Civil Procedure codes of the RSFSR, in the Code of Laws on
Labor of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1980, N 48, art. 1597) in part
approval of the Decree of the Presidium of the Supreme Soviet of the RSFSR dated August 12, 1980 "On
amendments and additions to the Labor Code of the RSFSR ";
Decree of the Presidium of the Supreme Soviet of the RSFSR dated November 19, 1982 "On making
amendments to the Labor Code of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR,
1982, No. 47, art. 1725);
Law of the RSFSR of December 1, 1982 "On Approval of Decrees of the Presidium
Of the Supreme Soviet of the RSFSR on amendments and additions to some
legislative acts of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1982, N 49, art.
1830) regarding the approval of the Decree of the Presidium of the Supreme Soviet of the RSFSR of November 19
1982 "On Amendments to the Labor Code of the RSFSR";
Decree of the Presidium of the Supreme Soviet of the RSFSR dated December 20, 1983 "On making
changes and additions to the Labor Code of the RSFSR "(Vedomosti
Council of the RSFSR, 1983, N 51, art. 1782);
Law of the RSFSR of January 6, 1984 "On the Approval of Decrees of the Presidium
Of the Supreme Soviet of the RSFSR on amendments and additions to some
legislative acts of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1984, No. 2, art. 73)
regarding the approval of the Decree of the Presidium of the Supreme Soviet of the RSFSR of December 20, 1983
year "On amendments and additions to the Labor Code of the RSFSR";
clause 1 of the Decree of the Presidium of the Supreme Soviet of the RSFSR dated January 18, 1985 "On
amendments and additions to some legislative acts
RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1985, No. 4, art. 117);
section IV of the Decree of the Presidium of the Supreme Soviet of the RSFSR dated May 28, 1986 "On
amendments and additions to some legislative acts
RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1986, No. 23, art. 638);
clause 1 of the Decree of the Presidium of the Supreme Soviet of the RSFSR dated November 19, 1986 "On
some change in the procedure for collecting alimony for minors
children "(Bulletin of the Supreme Soviet of the RSFSR, 1986, No. 48, art. 1397);
Article 2 of the Law of the RSFSR of July 7, 1987 "On Amendments and
additions to some legislative acts of the RSFSR "(Bulletin of the Supreme Council
RSFSR, 1987, N 29, art. 1060);
Decree of the Presidium of the Supreme Soviet of the RSFSR dated September 29, 1987 "On
amendments and additions to the Labor Code of the RSFSR "(Vedomosti
Of the Supreme Soviet of the RSFSR, 1987, No. 40, art. 1410);
Law of the RSFSR of October 30, 1987 "On Approval of Decrees of the Presidium
Of the Supreme Soviet of the RSFSR on amendments and additions to some
legislative acts of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1987, N 45, art.
1553) regarding the approval of the Decree of the Presidium of the Supreme Soviet of the RSFSR of September 29
1987 "On amendments and additions to the Labor Code of the RSFSR";
Decree of the Presidium of the Supreme Soviet of the RSFSR dated February 5, 1988 "On making
changes and additions to the Labor Code of the RSFSR "(Vedomosti
Council of the RSFSR, 1988, No. 6, art. 168);
Decree of the Presidium of the Supreme Soviet of the RSFSR dated March 31, 1988 "On making
changes and additions to the Labor Code of the RSFSR "(Vedomosti
Council of the RSFSR, 1988, N 14, art. 395);
Law of the RSFSR of April 20, 1988 "On Approval of Decrees of the Presidium
Of the Supreme Soviet of the RSFSR on amendments and additions to some

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legislative acts of the RSFSR "(Bulletin of the Supreme Soviet of the RSFSR, 1988, N 17, art.
541) in terms approved by the Decree of the Presidium of the Supreme Soviet on February 5, I
1988 "On Amendments and Additions to the Labor Code of the RSFSR" and from
March 31, 1988 "On Amendments and Additions to the Labor Code
RSFSR ";
Law of the RSFSR of April 19, 1991 N 1028-I "On increasing social guarantees
for workers "(Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet
RSFSR, 1991, No. 17, art. 506);
Resolution of the Supreme Soviet of the RSFSR dated April 19, 1991 N 1029-I "On
the procedure for the enactment of the Law of the RSFSR "On increasing social guarantees for
workers "(Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet
RSFSR, 1991, No. 17, art. 507);
article 3 of the Law of the RSFSR of December 6, 1991 N 1991-I "On increasing
the minimum wage "(Bulletin of the Congress of People's Deputies of the RSFSR and
Of the Supreme Soviet of the RSFSR, 1991, N 51, art. 1797);
Law of the Russian Federation of March 12, 1992 N 2502-I "On the introduction of
amendments to the Labor Code of the RSFSR "(Bulletin of the Congress of People's Deputies
Of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, N 14, art.
712);
Law of the Russian Federation of September 25, 1992 N 3543-I "On the introduction of
amendments and additions to the Labor Code of the RSFSR "(Vedomosti
People's Deputies of the Russian Federation and the Supreme Soviet of the Russian
Federation, 1992, N 41, art. 2254);
Law of the Russian Federation of December 22, 1992 N 4176-I "On the introduction of
additions to article 65 of the Labor Code of the Russian Federation "(Vedomosti
Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian
Federation, 1993, N 1, Art. sixteen);
article 5 of the Law of the Russian Federation of March 30, 1993 N 4693-I "On
the minimum wage "(Bulletin of the Congress of People's Deputies
Of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 16, art. 553);
Clause 2 of Article 1 of the Federal Law of January 27, 1995 N 10-FZ "On
amendments and additions to certain legislative acts of the Russian
Federation in connection with the adoption of the Law of the Russian Federation "On the status
military personnel "(Collected Legislation of the Russian Federation, 1995, No. 5, Art.
346);
Federal Law of February 15, 1995 N 14-FZ "On Amendments to
article 163 of the Labor Code of the Russian Federation "(Collection
legislation of the Russian Federation, 1995, N 8, art. 599);
article 1 of the Federal Law of July 18, 1995 N 109-FZ "On the introduction
changes and additions to the Labor Code of the Russian Federation, Fundamentals
legislation of the Russian Federation on labor protection, the Code of the RSFSR on
administrative offenses and the Criminal Code of the RSFSR "(Collection
legislation of the Russian Federation, 1995, N 30, art. 2865);
article 1 of the Federal Law of August 24, 1995 N 152-FZ "On the introduction
changes and additions to some legislative acts of the Russian Federation in
connection with the adoption of the Federal Law "On State Benefits to Citizens,
having children "(Collected Legislation of the Russian Federation, 1995, N 35, Art.
3504);
Federal Law of November 24, 1995 N 182-FZ "On Amendments and
additions to the Labor Code of the Russian Federation "(Collection

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legislation of the Russian Federation, 1995, N 48, art. 4564);
Federal Law of November 24, 1996 N 131-FZ "On Amendments and
additions to the Labor Code of the Russian Federation "(Collection
legislation of the Russian Federation, 1996, N 49, art. 5490);
Federal Law of March 17, 1997 N 59-FZ "On Amendments and
additions to Article 213 of the Labor Code of the Russian Federation "(Collection
legislation of the Russian Federation, 1997, N 12, art. 1382);
Federal Law of May 6, 1998 N 69-FZ "On Amendments and
additions to article 15 of the Labor Code of the Russian Federation "(Collection
legislation of the Russian Federation, 1998, N 19, art. 2065);
Clause 1 of Article 30 of the Federal Law of July 24, 1998 N 125-FZ "On
compulsory social insurance against industrial accidents and
occupational diseases "(Collected Legislation of the Russian Federation,
1998, N 31, Art. 3803);
Federal Law of July 31, 1998 N 139-FZ "On Amendments and
additions to Article 235 of the Labor Code of the Russian Federation "(Collection
legislation of the Russian Federation, 1998, N 31, art. 3817);
Federal Law of April 30, 1999 N 84-FZ "On Amendments and
additions to the Labor Code of the Russian Federation "(Collection
legislation of the Russian Federation, 1999, N 18, art. 2210);
article 1 of the Federal Law of December 27, 2000 N 151-FZ "On the introduction
additions to Article 251 of the Labor Code of the Russian Federation and additions
article 23.1 of the Law of the Russian Federation "On state guarantees and
compensation for people working and living in the Far North and
localities equated to them "(Collected Legislation of the Russian Federation,
2001, N 1, Art. 3);
Federal Law of January 18, 2001 N 2-FZ "On Amendments to
article 65 of the Labor Code of the Russian Federation "(Collection
legislation of the Russian Federation, 2001, N 4, art. 274);
Federal Law of July 10, 2001 N 90-FZ "On Amendments to
article 168 of the Labor Code of the Russian Federation "(Collection
legislation of the Russian Federation, 2001, N 29, art. 2945).
Other laws and other regulatory legal acts in force in the territory
Of the Russian Federation shall be brought into conformity with this Code.
GUARANTEE:

See also Federal Law of June 30, 2006 N 90-FZ
Information about changes:

Federal Law of June 30, 2006 N 90-FZ into Article 423 of this Code
changes have been made that take effect 90 days after the day of the official
publication of the named Federal Law
See the text of the article in the previous edition
Article 423. Application of laws and other normative legal acts
GUARANTEE:

Cm. Encyclopedias, positions of higher courts and other comments on article 423 of the Labor Code of the Russian Federation
Until the bringing of laws and other normative legal acts in force

on the territory of the Russian Federation, in accordance with this Code, laws and
other legal acts of the Russian Federation, as well as legislative and other
normative legal acts of the former USSR in force on the territory

Page 321

Of the Russian Federation within the limits and procedure provided for by the Constitution
Of the Russian Federation, by the resolution of the Supreme Soviet of the RSFSR dated December 12, 1991
2014-I "On Ratification of the Agreement on the Creation of the Commonwealth of Independent
States "are applied insofar as they do not contradict this
Codex.
Regulatory legal acts issued prior to the entry into force of this Code
acts of the President of the Russian Federation, the Government of the Russian Federation and
Government decrees applied on the territory of the Russian Federation
USSR on issues that, in accordance with this Code, may
regulated only by federal laws, are valid until the introduction into
applicable federal laws.
Article 424. Application of this Code to legal relations that arose before and
after its introduction
GUARANTEE:

See comments on Article 424 of the Labor Code of the Russian Federation
This Code applies to legal relations arising after the introduction
it into action.
If the legal relationship arose before the entry into force of this Code, then
it applies to those rights and obligations that arise after its introduction into
act.
President of Russian Federation
Moscow Kremlin
December 30, 2001
N 197-FZ

V. Putin

