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Article 5. Labor laws and other normative legal acts containing labor law norms






Labor relations and other relations directly linked to them shall be regulated, pursuant to the Russian Federation Constitution, federal constitutional laws, by the labor laws (including the law on occupational safety) and other normative legal acts containing the labor law norms:

this Code;

other federal laws;

decrees of the Russian Federation President;

resolutions of the Russian Federation Government and normative legal acts of federal executive authority bodies;

constitutions (charters), laws and other normative legal acts of the Russian Federation subjects;

acts of local self-government bodies and local normative acts containing the labor law norms.

The labor law norms contained in other laws shall comply with this Code.

Decrees of the Russian Federation President containing the labor law norms shall not be in conflict with this Code and other federal laws.

Resolutions of the Russian Federation Government containing the labor law norms shall not be in conflict with this Code, other federal laws and decrees of the Russian Federation President.

Normative legal acts of federal executive authority bodies containing the labor law norms shall not be in conflict with this Code, other federal laws, decrees of the Russian Federation President and resolutions of the Russian Federation Government.

Laws and other normative legal acts of the Russian Federation subjects containing the labor law norms shall not be in conflict with this Code, other federal laws, decrees of the Russian Federation President, resolutions of the Russian Federation Government and normative legal acts of federal executive authority bodies.

Acts of local self-government bodies and local normative acts containing the labor law norms shall not be in conflict with this Code, other federal laws, decrees of the Russian Federation President, resolutions of the Russian Federation Government, normative legal acts of federal executive authority bodies laws and other normative legal acts of the Russian Federation subjects.

Should there be conflicts between this Code and other federal laws containing the labor law norms, this Code shall apply.

Should a newly adopted federal law be in conflict with this Code, this law shall be applied provided the relevant amendments and addenda are entered in this Code.

Article 6. Division of authority between the federal state authority bodies and state authority bodies of the Russian Federation subjects in the sphere of labor relations and other relations directly linked to them

Jurisdiction of the federal state authority bodies in the sphere of labor relations and other relation directly linked to them shall include adoption of federal laws and other normative legal acts mandatory for application in the whole Russian Federation territory, which set:

· basic directions of the state policy in the sphere of labor relations and other relations directly linked to them;

· basics of the legal regulation of labor relations and other relations directly linked to them;

· the level of labor rights, freedoms and guarantees to employees safeguarded by the state (including additional guarantees for some categories of employees);

· procedures of concluding, amending and terminating labor contracts;

· basics of the social partnership, procedures of collective bargaining, concluding and amending collective contracts and agreements;

· procedures of settling individual and collective labor disputes;

· principles and procedures of exercising the official state surveillance and control of compliance with the laws and other normative legal acts containing the labor law norms as well as the system and competence of the federal state authority bodies exercising said surveillance and control;

· procedures of investigating industrial accidents and occupational diseases;

· the system and procedures of performing the official state expert examination of work conditions and certification of industrial facilities for conformity with occupational safety requirements;

· procedures and conditions of material liability of the parties to the labor contract, including procedures of redressing damage to the employee's life and health inflicted in the course of his/her performance of the work duties;

· types of disciplinary sanctions and procedures of their applications;

· the system of the official state statistical reporting on the matters of labor and occupational safety;

· particulars of the legal regulation of work for some categories of employees.

The state authority bodies of the Russian Federation subjects shall adopt laws and other normative legal acts containing the labor law norms on the matters not included in the jurisdiction of the federal state authority bodies. At that, a higher level of labor rights and guarantees for employees as compared with those set by federal laws and other normative legal acts of the Russian Federation entailing higher budget outlays or reduced budget revenues shall be financed by the corresponding Russian Federation subject.

State authority bodies of the Russian Federation subjects on the matters not covered by federal laws and other normative legal acts of the Russian Federation can pass laws and other normative legal acts containing the labor law norms. Should a federal law or another normative legal act of the Russian Federation on that matter be passed, the law or the other normative legal act of the Russian Federation subject shall be adjusted to the federal law or the other normative legal act of the Russian Federation.

Should a law or another normative legal act of the Russian Federation subject containing the labor law norms be in conflict with this Code or reduce the level of labor rights and guarantees to employees stipulated by this Code or other federal laws, this Code or the other federal law shall apply.






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