General and special labor legislation. Unity and differentiation in the legal regulation of labor relations. Differentiation factors. What is wage differentiation Labor differentiation

The forms of manifestation of the social division of labor include differentiation, specialization, universalization and diversification.

Differentiation

Differentiation consists in the process of isolation, "spinning off" of individual industries, due to the specifics of the means of production, technology and labor used. In other words, it is a process of dividing social production into more and more new types of activity. For example, before the commodity producer was engaged not only in the production of any goods, but also in their sale. Now he has focused all his attention on the production of goods, while their implementation is carried out by another, completely independent economic entity. Thus, a single economic activity was differentiated into two of its varieties, each of which functionally already existed within this unity.

Specialization

Specialization should be distinguished from differentiation. Specialization is based on differentiation, but it develops on the basis of focusing efforts on a narrow range of manufactured products. Specialization, as it were, consolidates and deepens the process of differentiation. In the above example, there was a separation of production from sales (trade). Let us assume that the commodity producer produced different kinds furniture, but later decided to focus on the production of only bedroom sets. The commodity producer has not abandoned the production of furniture, but is reorganizing production on the basis of replacing universal labor tools with specialized ones; work force also selected on the basis of the benefits of experience and knowledge in this special field of activity. Of course, there are many conventions and transitional states, but it is still necessary to distinguish between these two concepts - differentiation and specialization.

Universalization

Universalization is the opposite of specialization. It is based on the production or sale of a wide range of goods and services. An example is the production of all types and types of furniture and even the production of kitchen utensils, cutlery at one enterprise. An analogue of such production in trade can serve as a department store.

As for the concentration of production, it finds its technical manifestation in the ever-increasing concentration of the means of production (machinery, equipment, people, raw materials) and labor within one enterprise. However, the direction of development of production depends on the nature of their concentration: whether it will follow the path of universalization, or - specialization. This is due to the degree of homogeneity of technology and applied technologies and raw materials, and hence the workforce.

Diversification

Diversification of production deserves special attention. Diversification should be understood as the expansion of the range of products. This is achieved in two ways. The first is market diversification. It is characterized by the expansion of the range of manufactured goods, which are already produced by other enterprises. At the same time, quite often the process of such diversification is accompanied by absorption or mergers with enterprises that produce the same products. The main thing is that in this case, as a rule, there is no enrichment of the range of goods offered to the buyer.

The second way is production diversification, which is directly related to scientific and technological progress (STP), with the emergence of qualitatively new goods and technologies. This type of diversification, in contrast to market diversification, forms and satisfies previously non-existing needs or satisfies existing needs with a new product or service. As a rule, production diversification is closely interconnected with the existing production at a given enterprise and grows organically from it.

Within the framework of industrial diversification, one should distinguish between technological, detailed and product diversification. Product diversification is developing on a large scale. So, with the help of the same technological operations, parts, assemblies, components, it is possible to assemble finished products and products that are very diverse in their functional purpose. But this becomes possible only under the conditions of expanding the process of diversification of the production of constituent components of finished products. It was production diversification, as a consequence of scientific and technical progress, that led to a change in the development trends of the general, private and individual division of labor.

Posted On 06/11/2018

Legal regulation labor relations is based on the principle of unity of basic working conditions and equality labor rights and responsibilities of different categories of workers. However, this does not exclude the differentiation (difference) of the legal regulation of labor relations of certain categories of workers, but this requires grounds. They are:

Objective factors include:

Differentiation is also carried out depending on subjective circumstances. Employees who are differentiated on this basis include: women, young people aged 14 to 18, disabled people, participants in the liquidation of the consequences of the Chernobyl disaster.

Differentiation can be carried out depending on the scope legal regulations. On this basis, legal norms are divided into general and special.

General rules

Special rules

Supplement Norms

Exemption norms provide for exceptions to the general rules. These norms limit the rights of certain categories of workers (temporary, seasonal, part-time workers, homeworkers). Yes, by general rule upon termination of the employment contract on grounds not related to the guilty behavior of the employee, he is paid severance pay in the amount of at least 2 weeks of average earnings, and homeworkers and part-time workers are not entitled to severance pay.

Norms-adaptations adapt the general norms in relation to the specifics of the working conditions of the corresponding category of workers. They regulate working conditions such as working time and rest time, safety precautions. Special norms, providing for additional benefits or establishing exemptions from the general norm, thereby cancel the effect of general norms in relation to the relevant categories of workers. In the event of a change in the general norm, the special norm retains its legal force, unless otherwise provided by law.

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The unity of the legal regulation of labor is manifested in the fact that in the content labor law There are general rules that general principles legal regulation of labor of all employees and employers without exception. First of all, these include norms-principles arising from the content of Art. 2 of the Labor Code of the Russian Federation.

The basic rights and obligations of employees and employers are defined in Art. 21, 22 of the Labor Code of the Russian Federation. These norms are of a general nature, applicable in all situations related to the implementation of sources of labor law. Therefore, they provide unity in the regulation of relations that are the subject of labor law.

Firstly, it is possible to single out the norms that provide for additional benefits in comparison with the general labor legislation.

Unity and differentiation of legal regulation of labor relations

Similar rules may appear in various levels legal regulation of labor: federal, intersectoral, sectoral, regional, local, local.

Secondly, among the norms that ensure differentiation in the regulation of labor, there are norms that adapt general prescriptions to the characteristics of labor activity. This type norms is designed to ensure the adaptation of general norms to the peculiarities of labor activity. Among such norms should be included instructions on the establishment of the summarized accounting of working hours, which are designed to ensure compliance with the total length of working time for accounting period, that is, to adapt the general norm to the peculiarities of labor activity.

Such norms do not contain restrictions on the rights and freedoms of man and citizen in the sphere of labor. Therefore, they can also be created at various levels of legal regulation of labor.

The Constitution of the Russian Federation, the rights and freedoms of man and citizen, including in the sphere of labor, may be limited only by federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state. Consequently, the rules providing for exceptions to the general rules can be included exclusively in the content of the federal law.

However, for the application of these norms in the regulation of labor relations, it is not enough to include these norms in the content of the federal law without making appropriate changes to the Labor Code of the Russian Federation. As follows from Part 8 and Part 9 of Art. 5 Labor Code of the Russian Federation, the federal law, which is contrary to the Labor Code of the Russian Federation, can be applied after the relevant changes are made to the Code. Therefore, an additional condition for the application of norms restricting rights and freedoms in the sphere of labor is the introduction of appropriate amendments to the Labor Code of the Russian Federation.

Naturally, the rules that are designed to withdraw from the application of the general rules should be developed to achieve those listed in Part 3 of Art. 55 of the Constitution of the Russian Federation goals. Without specifying the purpose for which a norm has been developed and applied that restricts the rights and freedoms of a person and a citizen in the sphere of labor, its implementation is contrary to Part 3 of Art. 55 of the Constitution of the Russian Federation.

The above classification of general norms and norms, designed to ensure differentiation in the legal regulation of labor, manifests itself not only in the formal expression of the sources of labor law, but also in their materialization into specific relations, which thus turn into legal relations. The implementation of labor law norms is made dependent on the will of the employer's representatives.

In turn, representatives of the employer have a direct interest in restricting labor rights and freedoms. Therefore, in practice, norms restricting the rights and freedoms provided for in the Labor Code of the Russian Federation and international legal acts on labor most often appear and are applied. Whereas the norms establishing additional benefits for employees are applied much less frequently.

It can be beneficial for employer representatives not to comply with the norms providing for additional benefits for employees. As a result, these norms do not go from formal to material expression. In this connection, we have to state that the state does not fulfill its constitutional obligation to protect the rights and freedoms of man and citizen in the sphere of labor.

The legal regulation of labor relations is based on the principle of unity of basic working conditions and equality of labor rights and obligations of various categories of workers. However, this does not exclude the differentiation (difference) of the legal regulation of labor relations of certain categories of workers, but this requires grounds. They are˸

Objective circumstances, i.e. circumstances independent of personality traits;

Subjective circumstances due to the qualities of the employee (gender, age, working capacity).

Objective circumstances include ˸

features of production that require increased discipline, labor intensity (for example, work on railway transport);
the territorial location of the employer (for example, work in areas contaminated with radioactive substances);
duration labor relations between the employee and the employer (temporary, seasonal workers, contract workers).

Differentiation is also carried out on the basis of subjective circumstances. Employees who are differentiated on this basis include women, young people aged 14 to 18, disabled people, and participants in the liquidation of the consequences of the Chernobyl disaster.

Differentiation should also be carried out on the basis of the scope of legal norms.

On this basis, legal norms are divided into general and special.

General rules apply to all employees regardless of working conditions, gender, age, physiological characteristics of the organism, profession, etc.

Special rules apply to a certain circle of employees and reflect the differentiation of labor law, especially the application of general principles to individual employees. Differentiated regulation is carried out by 3 types of norms - norms-additions, norms-withdrawals, norms-adaptations.

Supplement Norms establish additional guarantees and benefits for employees. Most of them are among the special norms.

Exemption norms provide for exceptions to the general rules.

Unity and differentiation of labor legislation.

These norms limit the rights of certain categories of workers (temporary, seasonal, part-time workers, homeworkers). So, as a general rule, upon termination of an employment contract on grounds not related to the guilty behavior of an employee, he is paid a severance pay in the amount of at least 2 weeks of average earnings, while homeworkers and part-time workers do not have the right to severance pay.

Norms-adaptations adapt the general norms in relation to the specifics of the working conditions of the corresponding category of workers. They regulate such working conditions as working hours and rest time, safety measures. Special norms, providing for additional benefits or establishing exemptions from the general norm, thereby cancel the effect of general norms in relation to the relevant categories of workers. In the event of a change in the general norm, the special norm remains in force, unless otherwise provided by law.

However, the main form of action of normative acts of labor law is their general effect.

Unity and differentiation in the legal regulation of working conditions. Factors of Differentiation

The unity of the legal regulation of labor is manifested in the fact that the content of labor legislation contains general norms that enshrine the general principles of legal regulation of the labor of all employees and employers without exception. First of all, these include norms-principles arising from the content of Art. 2 of the Labor Code of the Russian Federation. The basic rights and obligations of employees and employers are defined in Art. Art. 21, 22 of the Labor Code of the Russian Federation. These norms are of a general nature, applicable in all situations related to the implementation of sources of labor law. Therefore, they provide unity in the regulation of relations that are the subject of labor law.

The provision of additional benefits does not conflict with the legislation of higher legal force, since the rights and freedoms of man and citizen are declared the highest value, which is the meaning of the activities of the bodies state power and local self-government and should be enforced by justice.

Secondly, among the norms that ensure differentiation in the regulation of labor, there are norms that adapt general prescriptions to the characteristics of labor activity. This type of norms is designed to ensure the adaptation of general norms to the peculiarities of labor activity. These norms include the prescriptions on the establishment of a summarized accounting of working hours, which are designed to ensure compliance with the total length of working time for the accounting period, that is, to adapt the general norm to the peculiarities of labor activity. Such norms do not contain restrictions on the rights and freedoms of man and citizen in the sphere of labor. Therefore, they can also be created at various levels of legal regulation of labor.

Unity and differentiation of labor legislation

Consequently, the rules providing for exceptions to the general rules can be included exclusively in the content of the federal law. However, for the application of these norms in the regulation of labor relations, it is not enough to include these norms in the content of the federal law without making appropriate changes to the Labor Code of the Russian Federation. As follows from Part 8 and Part 9 of Art. 5 of the Labor Code of the Russian Federation, a federal law that is contrary to the Labor Code of the Russian Federation, can be applied after the relevant amendments are made to the Code. Therefore, an additional condition for the application of norms restricting rights and freedoms in the sphere of labor is the introduction of appropriate amendments to the Labor Code of the Russian Federation. Naturally, the rules that are designed to withdraw from the application of the general rules should be developed to achieve those listed in Part 3 of Art. 55 of the Constitution of the Russian Federation goals. Without specifying the purpose for which a norm has been developed and applied that restricts the rights and freedoms of a person and a citizen in the sphere of labor, its implementation is contrary to Part 3 of Art. 55 of the Constitution of the Russian Federation.

Factors of Differentiation

Differentiation in the legal regulation of labor occurs according to certain directions. These directions are usually called factors of differentiation. Differentiation factors can be divided into objective and subjective. Objective factors of differentiation are manifested regardless of who performs this or that type of labor activity.

The following factors, which are manifested in the legal regulation of labor, can be attributed to the number of objective ones. First, they should include working conditions in the organization.

The legislation, in particular, provides for additional benefits for employees performing a labor function with harmful and hazardous conditions labor.

Secondly, the climatic conditions in which labor activity takes place should be attributed to the objective factors of differentiation in the regulation of labor. For example, employees of the regions of the Far North and equivalent areas may qualify for additional benefits established by law.

Thirdly, among the objective factors underlying the differential regulation of labor, include the importance of the sector of the economy and products. This factor is manifested in the norms that establish allowances for length of service in certain sectors of the economy and in the production of certain products.

Fourth, an objective factor that allows you to see the difference in the legal regulation of labor, it is necessary to recognize the form of ownership of the organization that uses the labor of workers. Organizations receiving budget funding, as a rule, are deprived of the opportunity to independently make decisions on improving the working conditions of employees.

Such decisions can be made by them only if they have independently earned funds. Organizations of a private form of ownership are called upon to comply with the minimum labor rights established by the state, having the opportunity at their own expense to improve the position of workers in comparison with labor legislation.

Fifthly, it is necessary to recognize the technical equipment of the place of work or the work performed as an objective factor of differentiation in the regulation of labor. labor function.

Obviously, the work of an accountant using a computer and the work of an accountant who does not have such equipment require different legal regulations.

The difference in the technical equipment of individual sectors of the economy can also be recognized as an objective basis for differentiated labor regulation.

Subjective factors of differentiated regulation of labor relations are associated with the personality of workers. We can distinguish the following subjective factors of differentiation in the regulation of labor. First, such factors include the performance of work by minors and persons under 21 years of age. The special legal regulation of the labor of these persons is intended, first of all, to protect them from the influence of harmful and dangerous production factors. The goal of special legal regulation is also obvious - to preserve the working capacity of the young generation of workers.

Secondly, the subjective factor of differentiated regulation of labor relations is the performance of work by women. The implementation of this factor in the legislation is designed to protect women of childbearing age from exposure to harmful and dangerous factors, protect them from excessive physical activity, and create conditions for combining work with motherhood.

Thirdly, the subjective factor that ensures differentiation in the regulation of labor should be the performance of a labor function by persons with family responsibilities.

The introduction of this factor into the legislation is aimed at a reasonable combination of the interests of the family with the performance of labor duties.

The above list of objective and subjective factors of differentiation in the regulation of relations in the sphere of labor is not exhaustive. Other factors may appear in the legislation that served as the basis for differentiated regulation of labor relations. However, it should be remembered that the emergence of new factors of differentiation should not lead to the emergence of norms that restrict the rights and freedoms of man and citizen in the sphere of labor.

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It should be noted that labor relations modern Russia cover millions of people who differ in their individual characteristics (men, women, minors, disabled people, senior citizens, workers of various professions, specialties and various sectors of the Russian economy). There is no doubt that their working conditions also differ (work under normal conditions, underground, in difficult climatic conditions, in highlands, etc.).

Such differences and features of the labor activity of workers must certainly be taken into account in the legal regulation of their working conditions. This is achieved by applying the method of unity and differentiation of labor law norms, from which it follows that the legal norms in the sphere of labor are divided into two large groups:

1) general rules applicable to all categories of workers;

2) special rules that apply to certain categories of workers (women; youth; persons employed in certain sectors of the economy; employees of organizations public sector; persons working in hard and hazardous work; temporary and seasonal workers, etc.).

The unity of the legal regulation of labor relations lies in the extension of the labor law norms to all employees, regardless of the actual working conditions and the personality of the employee. Unity characterizes the general level of legal regulation of labor, relating to all employees. This level of unity is defined by the Labor Code of the Russian Federation (Article 11).

Differentiated norms of labor legislation are reflected in the form of allocation of special chapters in Labor Code RF (for example, chapter 41 “Peculiarities of labor regulation of women, persons with family responsibilities”, chapter 42 “Peculiarities of labor regulation of workers under the age of eighteen years”, etc.).

Features of the legal regulation of working conditions in relation to certain categories of workers can be regulated by special regulatory legal acts of labor legislation adopted at various levels by bodies government controlled and power.

An analysis of labor legislation gives grounds to conclude that the specific ratio of differentiation of labor law norms for certain categories of workers boils down to the fact that special regulations establish:

a) a special, in comparison with the general, procedure for hiring and dismissal;

b) features of the regulation of working time and rest time, benefits and benefits in remuneration;

c) stricter disciplinary and financial responsibility of employees and some other features.

The unity and differentiation of labor law norms is a complex and multifaceted phenomenon. In the very general view the unity of labor rights and obligations is manifested in the equality of rights and obligations of participants in public relations based on an employment contract, regardless of the scope of labor, as well as in the equality of ways to protect their rights and legitimate interests. In turn, the differentiation of labor rights and obligations involves the establishment of differences, exceptions, preferences and restrictions in the legal regulation of labor and other directly related relations of certain categories of workers.

The term “differentiation” itself is not used by the legislator, but differences in the legal regulation of labor relations have always been inherent in labor law.

Labor law is an independent branch Russian law, which is a system of legal norms connected by internal unity that regulates labor and other relations directly related to them.

The most important feature of modern labor law is its unity, which rests on a number of objective factors. The unity of labor law testifies to the internal, inseparable connection of the entire set of norms regulating social relations in the sphere of labor.

The unity of labor law is based on a single legal framework - the Constitution Russian Federation(Article 37). It is in it that the general principles (principles) underlying the principles of Russian labor law are fixed (Art.

The principle of unity and differentiation: essence and manifestation in the norms of labor law

2 of the Labor Code of the Russian Federation), that is, the fundamental guiding principles that express the essence of labor law norms and the main directions of state policy in the field of legal regulation of social relations related to the use and organization of labor.

The unity of labor legislation is manifested primarily in the fact that the state proclaims freedom in work for all workers, secures for all workers the right to wages in proportion to the quantity and quality of labor expended, the right to rest, to free vocational training retraining and advanced training, association in trade unions, participation in production management, material support in old age, as well as in case of illness and disability, the right to resolve individual and collective labor disputes.

The unity of labor legislation is manifested in the norms that apply to all categories of workers - the so-called general norms of labor law. The general norms of labor legislation “ensure unity in regulating the working conditions of workers, regardless of the branch of labor, the characteristics of various professions, specialties, qualifications, and the characteristics technical organization labor and economic and geographical position of the enterprise”, that is, they apply to all employees, regardless of the place and nature of work, industry, territory in which the organization is located, working conditions, and forms of remuneration.

Labor legislation not only applies to all employees, but also does not leave unsettled any of the significant groups of relations arising from the use of their labor. The emergence, change and termination of labor relations, working time and rest time, labor discipline, remuneration and regulation of labor, its protection and other issues are resolved in their interconnection, on the basis of uniform principles of legal regulation of labor and other relations directly related to them.

Therefore, the unity in the legal regulation of working conditions does not exclude, but, on the contrary, suggests the possibility of separating from unified system labor law norms such that, as scientists note, are called upon to necessary cases take into account and reflect the peculiarities in the working conditions of employees, depending on the specifics of production, types of labor activity, natural and climatic conditions and other features of the use of labor.

Indeed, the differences in the nature and working conditions of certain categories of workers are so specific that they quite naturally give rise to the need to establish special standards that would reflect this specificity. In this requirement, to a certain extent, an important pattern is manifested, which consists in the impact of law on the basis that gave rise to it. In addition, this requirement is dictated by the interests of ensuring the rule of law in the regulation of labor and other relations directly related to them. And quite rightly notes A.I. Stavtsev that “social protection of the rights of an employee is especially necessary at the first stage of formation market relations because the labor market does not create equal opportunities not only for the realization of the right to work, but also for the long-term existence of the labor relationship that has arisen.

The task of taking into account and reflecting the peculiarities in the working conditions of various categories of workers in different sectors of the economy, as well as in the field of management, is performed by the differentiation of legal norms, which serves as a means of implementing the unified principles of legal regulation, a means of concretizing them in a variety of conditions.

The Dictionary of Labor Law gives the concept of differentiation in labor law as "differences in legal norms due to the place, working conditions, legal status of the organization with which the employee has an employment relationship, gender and age characteristics of the employee and other factors." It is easy to see that the second concept of differentiation emphasizes the sectoral affiliation of the legal norms through which the legal regulation of labor relations takes place. In addition, this concept of differentiation simultaneously provides an approximate list of its grounds - the place and working conditions, the legal status of the organization - the employer, the gender and age characteristics of the employee, etc.

A broader and more detailed definition of differentiation was given by F.M. Leviant. By its definition, the differentiation of labor law should be understood as: the division of its norms in accordance with the main types of labor relations regulated by them; division of labor law norms in accordance with the internal gradation of the main types of labor relations, depending on the branch of the national economy, working conditions, the nature of the labor connection of the employee with the enterprise and other features of labor.

An even more general approach to this definition was expressed by I.O. Snigireva, who understands the differentiation of labor law as differences in the content of the legal regulation of the labor of workers and employees of various categories according to certain stable features.

At the same time, the main thing remains in the essence of this type of differentiation, namely: different legal regulation of the labor of workers, depending on their subjective characteristics, must be determined on the basis of such criteria that are necessary for them - gender, age, health status, the presence of children, and not from the specifics type of labor activity, mental or physical labor.

The subjective characteristics taken into account by the legislator make it possible to differentiate the work of individual groups of subjects. Thus, differences in the regulation of labor by age are determined by three large groups: citizens aged 18 years before retirement; teenagers from 14 to 16 years old and from 16 to 18 years old; pensioners. On the basis of gender, the legislator singled out women, establishing benefits for labor protection, pregnancy and childbirth.

Yu.P. Orlovsky, substantiating the objective necessity of the unity and differentiation of labor law, draws Special attention to the fact that differentiation contributes to the unity of labor law, and unity creates conditions for the differentiation of legal regulation. Therefore, the inextricable connection between the two sides of the content of the legal regulation of labor - unity and differentiation - not only implies non-opposition of one to the other, but also requires ensuring unity through differentiation, and differentiation through unity.

The grounds for differentiation are objective and subjective factors that require differences in the legal regulation of labor.

Objective factors include:

1) harmfulness and severity of working conditions;

2) climatic conditions of the Far North and areas equated to it;

3) the specifics of the labor connection of temporary and seasonal workers;

4) features of labor in a given branch of production (metallurgy, petrochemistry, etc.);

5) the specifics of the content of the labor function and the responsible nature of the work of temporary, seasonal workers, etc.

Subjective factors include:

1) physiological characteristics of the female body;

2) psychophysiological characteristics of minors;

3) physiological characteristics of people with limited ability to work (disabled people);

4) education of minor children.

In the unity and differentiation of legal regulation, a feature of the method of labor law is manifested.

Smirnov distinguishes three areas of differentiation of working conditions in the norms of Russian labor law: - the nature and characteristics of production (industry differentiation); - gender, age, qualification and other characteristics of employees (subject differentiation); - the location of organizations where joint labor is applied (territorial differentiation) (see Labor Law: Textbook. - M .: "Status LTD +", 1996. - P. 29). In the labor law of some foreign countries such a criterion is used to differentiate the legal regulation of labor as the size of the enterprise, that is, the number of employees in the enterprise. It seems appropriate to discuss the possibility of establishing such a criterion in the legislation of Ukraine. According to paragraph 1 of Article 2 of the Law of Ukraine "On Enterprises in Ukraine" (as amended by

Unity and differentiation of legal regulation of labor

On the conditions of remuneration of persons working in mountainous areas”; Recommendations on the procedure for granting employees with irregular working hours additional annual leave for the special nature of work, approved by order of the Ministry of Labor and social policy Ukraine dated October 10, 1997 No. 7 and others). In some cases, by excluding the possibility of applying any general norms of labor legislation to certain categories of employees (for example, the rule prohibiting the dismissal of an employee on the initiative of the owner or a body authorized by him on the grounds of reaching retirement age does not apply to civil servants (art.
11 of the Law of Ukraine "On the basic principles of social protection of labor veterans and other citizens old age in Ukraine"), since Art.

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This applies, for example, to the unification of the norms governing wage labor in industry and in agriculture, employees of private and state (nationalized) enterprises. On the contrary, there is a process of rapprochement, unification legal status workers depending on the industry, type of ownership, between workers and employees.

Simultaneously with the trend towards leveling the legal status of various categories of employees in foreign labor law, they are manifested, especially in recent times, tendencies to increase some types of differentiation. We are talking, for example, about the special regulation of typical employment contracts temporary workers, part-time workers, homeworkers, etc.

At the same time, the work of such subjects as civil servants requires some more special regulation.

Unity and differentiation in the legal regulation of working conditions

Info

This type of norms is designed to ensure the adaptation of general norms to the peculiarities of labor activity. These norms include the prescriptions on the establishment of a summarized accounting of working hours, which are designed to ensure compliance with the total length of working time for the accounting period, that is, to adapt the general norm to the peculiarities of labor activity.

Attention

Such norms do not contain restrictions on the rights and freedoms of man and citizen in the sphere of labor. Therefore, they can also be created at various levels of legal regulation of labor.

Unity and differentiation in the legal regulation of working conditions. differentiation factors

In turn, the differentiation of labor rights and obligations involves the establishment of differences, exceptions, preferences and restrictions in the legal regulation of labor and other directly related relations of certain categories of workers. The term “differentiation” itself is not used by the legislator, but differences in the legal regulation of labor relations have always been inherent in labor law. Labor law is an independent branch of Russian law, which is a system of legal norms connected by internal unity that regulates labor and other relations directly related to them. The most important feature of modern labor law is its unity, which rests on a number of objective factors.

Unity and differentiation in the legal regulation of working conditions

Important

At the same time, reduced working hours are set, additional holidays, increased wages; · climatic conditions of the Far North and areas equated to it; Physiological characteristics of the female body, its maternal function. Taking into account the increasing social role mothers in raising young children.

The family responsibilities of workers began to be taken into account in accordance with the ILO Convention No. 156 (1981) “On Equal Treatment and Equal Opportunities for Working Men and Women Working with Family Responsibilities”; · psychophysiological characteristics of a fragile organism and the nature of adolescents, the need for them to continue their education on the job. Disability, retirement age of the employee are also taken into account.

The grounds set out in s.
of the Law of Ukraine dated February 4, 1998) the following types of enterprises may operate in Ukraine: - a private enterprise based on property individual; - a collective enterprise based on the property of the labor collective of the enterprise; - economical society; - an enterprise based on the property of an association of citizens; - a communal enterprise based on the property of the respective territorial community; - state enterprise based on state property, including a state-owned enterprise. After all, there is a significant difference in the real mode of work in a small enterprise that employs 3-5 people, and individual it could be just one worker.
Is it really necessary to conclude a collective agreement here, etc.? In foreign labor law, there is a general trend towards a decrease in differentiation, the leveling of its standards.
Law of Ukraine "On public service» the age limit for public service has been set at 60 for men and 55 for women. That is, we are talking not only about “positive” differentiation (the establishment of benefits, benefits, additional guarantees, etc.), but also about “negative” differentiation (the establishment of certain restrictions, exemptions from the current labor legislation in relation to certain categories of workers).
Differentiation is manifested in the establishment of the features of the admission and dismissal of certain categories of workers; regulation of working time and rest time; benefits and benefits in remuneration; additional grounds for termination of the employment contract; strengthening disciplinary and liability and a number of other features. An important question is about the criteria for differentiation.
Employment relationship: concept, subjects and labor legal capacity staffing, professions, specialties indicating qualifications; specific type of work entrusted to the employee), subordination of the employee to the rules of internal work schedule when the employer ensures the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations, employment contract. Subjects: employee and employer. The labor legal personality of a citizen is general, arising from the age of 16, when he can independently get a job.
The family responsibilities of workers began to be taken into account in accordance with the ILO Convention No. 156 (1981) “On Equal Treatment and Equal Opportunities for Working Men and Women Working with Family Responsibilities”; · psychophysiological characteristics of a fragile organism and the nature of adolescents, the need for them to continue their education on the job. Disability, retirement age of the employee are also taken into account.
The grounds set forth in paragraphs "c" and "d" are subjective differentiation; the specifics of labor relations and the nature of work; · features of labor in this industry, the importance of the industry of the national economy (sectoral differentiation of norms). Special labor legislation is built on the above factors of differentiation. Obviously, special labor legislation reflects the characteristics of labor, both objective and subjective.

On the other hand, there are special rules that are designed to reflect the specifics of the work of individual workers or proceeding in special conditions. Such norms provide differentiation in the regulation of relations included in the subject of labor law. There are three types of norms designed to ensure differentiation in the legal regulation of labor. Firstly, it is possible to single out the norms that provide for additional benefits in comparison with the general labor legislation. Such norms may appear at various levels of legal regulation of labor: federal, intersectoral, sectoral, regional, local, local. The provision of additional benefits does not conflict with the legislation that is higher in legal force, since the rights and freedoms of a person and a citizen are declared the highest value, which is the meaning of the activities of state authorities and local self-government and must be ensured by justice.

Secondly, among the norms that ensure differentiation in the regulation of labor, there are norms that adapt general prescriptions to the characteristics of labor activity. This type of norms is designed to ensure the adaptation of general norms to the peculiarities of labor activity. These norms include the prescriptions on the establishment of a summarized accounting of working hours, which are designed to ensure compliance with the total length of working time for the accounting period, that is, to adapt the general norm to the peculiarities of labor activity. Such norms do not contain restrictions on the rights and freedoms of man and citizen in the sphere of labor. Therefore, they can also be created at various levels of legal regulation of labor.

Thirdly, among the norms that provide differentiated regulation of labor, it is necessary to include the norms that establish exceptions from the general rules. The establishment of such exemptions is associated with the restriction of the rights and freedoms of man and citizen. In accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen, including in the sphere of work, can be limited only by federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others , ensuring the defense of the country and the security of the state. Consequently, the rules providing for exceptions to the general rules can be included exclusively in the content of the federal law. However, for the application of these norms in the regulation of labor relations, it is not enough to include these norms in the content of the federal law without making appropriate changes to the Labor Code of the Russian Federation. As follows from Part 8 and Part 9 of Art. 5 of the Labor Code of the Russian Federation, a federal law that is contrary to the Labor Code of the Russian Federation, can be applied after the relevant amendments are made to the Code. Therefore, an additional condition for the application of norms restricting rights and freedoms in the sphere of labor is the introduction of appropriate amendments to the Labor Code of the Russian Federation. Naturally, the rules that are designed to withdraw from the application of the general rules should be developed to achieve those listed in Part 3 of Art. 55 of the Constitution of the Russian Federation goals. Without specifying the purpose for which a norm has been developed and applied that restricts the rights and freedoms of a person and a citizen in the sphere of labor, its implementation is contrary to Part 3 of Art. 55 of the Constitution of the Russian Federation.

Factors of Differentiation

Differentiation in the legal regulation of labor occurs in certain areas. These directions are usually called factors of differentiation. Differentiation factors can be divided into objective and subjective. Objective factors of differentiation are manifested regardless of who performs this or that type of labor activity.

The following factors, which are manifested in the legal regulation of labor, can be attributed to the number of objective ones. First, they should include working conditions in the organization.

The legislation, in particular, provides for additional benefits for employees performing a labor function with harmful and dangerous working conditions.

Fifth, it is necessary to recognize the technical equipment of the place of work or the performed labor function as an objective factor of differentiation in the regulation of labor.

Obviously, the work of an accountant using a computer and the work of an accountant who does not have such equipment require different legal regulations.

The difference in the technical equipment of individual sectors of the economy can also be recognized as an objective basis for differentiated labor regulation.

Thirdly, the subjective factor that ensures differentiation in the regulation of labor should be the performance of a labor function by persons with family responsibilities.

The introduction of this factor into the legislation is aimed at a reasonable combination of the interests of the family with the performance of labor duties.

Similar information.

The theory of remuneration, in addition to indicators of supply and demand in the labor market, highlights other factors influencing the size wages . Among them:

quantity and quality of labor;
labor qualification;
working conditions;
type of labor activity;
the cost of living;
minimum size wages as the main social guarantees;
wage policy at the enterprise, etc.

All these factors create a certain differentiation of wages between specific workers or their separate groups . In practice, there are sectoral, territorial differentiation, differentiation by categories of personnel and working conditions, professional differentiation.

Territorial and sectoral differentiation of wages depend mainly on the territorial and sectoral structure of the economy of a given country.

Differentiation of wages by categories of personnel arises when employees are divided into categories that take into account the degree of responsibility of the work performed and the position held.

Leaders include employees holding positions of heads of organizations, structural divisions and their deputies, managers, managers, chairmen, captains, chief accountants and engineers, foremen, etc.

The specialists include workers employed in jobs that usually require higher or secondary vocational education: engineers, doctors, teachers, economists, dispatchers, mechanics, psychologists, etc. The specialists also include assistants and assistants of the named names of specialists.

Other employees - these are employees involved in the preparation and execution of documentation, accounting and control, and economic services.

Workers include persons directly involved in the process of creating material values, as well as those engaged in repair, movement of goods, transportation of passengers, provision of material services, etc.

However, the main type of differentiation is the differentiation of the level of remuneration according to the criteria of productivity and labor efficiency - as a way to implement the stimulating function of remuneration. The purpose of such differentiation is to establish a relative level of wages depending on the quantity, quality and results of labor, thus motivating employees to efficient, productive work.

Differentiated wages personnel of the enterprise (organization), stimulating labor activity, must meet the following requirements :

be personalized (personal);
be based on objective criteria for assessing the employee's labor costs;
be understandable to the employee;
do not burden the paperwork;
be transparent to control;
stimulate the improvement of the quality of work of the employee;
promote social protection worker.

The main tool for differentiating wages is the tariff system. . It includes a set of standards - tariff rates, tariff scales, tariff-qualification guides, district coefficients, various kinds of allowances and surcharges of a tariff nature, which are intended for use in setting rates and salaries for employees and in determining the amount of their remuneration for work performed.

practical example can serve as a single tariff scale(ETC) of the Russian Federation, which has been used to pay employees financed from the budgets of all levels since 1992. to 2008

circuit diagram formation of wages on a tariff basis is shown in Figure 1.

To differentiate the amount of remuneration of employees, salary schemes and staffing tables are used.

Salary schemes - this is a form of regulation of salaries of employees, depending on the value of certain indicators of the enterprise and its size. It was inherent in the administrative-planned economy, when the salaries of managers, specialists and other employees were set centrally.

Currently, salary schemes are used for government and municipal enterprises. At enterprises of the private sector of the economy official salaries employees are established on the basis of staffing tables.

Remuneration of managers, their deputies and chief accountants of organizations financed from the federal budget (the budget of a constituent entity of the Russian Federation, local budget), is produced in the manner and in the amount determined by the Government of the Russian Federation (a state authority of a constituent entity of the Russian Federation, a local self-government body). For other organizations, the work of their heads, deputy heads and chief accountants is paid in the amount agreed upon by the parties to the employment contract.

In order to compensate for the growth in the cost of means of subsistence in areas with unfavorable geographic and climatic conditions, the state establishes regional coefficients, by which the calculated value of the tariff part of wages is increased. District coefficients differentiate for different regions (districts) of the country in the range from 1.1 to 2.0. The more unfavorable are the geographic and climatic conditions, the higher the regional coefficient.

At enterprises, in addition to the factory tariff systems, the differentiation of payment according to the complexity of labor is carried out with the help of coefficients. Extreme differences in wages can be determined (the head of an enterprise is a worker of the 1st category). Between the extreme categories, intermediate categories are established, which cover employees of all positions.

In practice, the number of ranks used in factory tariff systems varies from 6 to 26. In each of the ranks, a “plug” of salaries is sometimes set - the minimum and maximum value within each rank, which, according to experts, seems preferable.

Depending on the various working conditions, enterprises also use a variety of additional payments and allowances to the tariff part of wages. They aim more full assessment features of labor, its intensity, severity, danger, importance, urgency and other conditions.

A number of surcharges and allowances are mandatory for use at enterprises of all forms of ownership. Their payment is guaranteed by the state and established by the Labor Code. Other surcharges and allowances are applied in certain areas of labor application. In most cases, these surcharges are also mandatory, but their specific amounts are negotiated directly at the enterprise itself.

Bonuses are incentive payments for the achievement of certain indicators in labor. . They may be part of some wage systems, such as time-bonus, piece-bonus, piece-progressive, indirect-piecework, piecework. All issues related to bonuses should be reflected in the bonus provisions that are developed for enterprises and its individual divisions and approved by the head of the enterprise.

It should be noted that in addition to the above-mentioned systems for remuneration of employees in an organization, a tariff-free system, a system of floating salaries, a system of remuneration on a commission basis, etc. can be used. in all methods of stimulating wages, its size should depend on two factors :

the initial amount of wages - prices per unit of work performed with piece-rate types of wages, hourly (daily, monthly) wage rates for an employee of lower qualifications with time-based types of payment. Therefore, the problem of the level of wages is determined primarily by decisions on its initial value;
justified differentiation of wages between workers of the lowest and highest qualification. Here the principle of social justice comes to the fore.

These two conditions should underlie the wage policy pursued by the enterprise. There are no restrictions on the creative search for ways to pay on a tariff-free basis. Therefore, a large number of methods have appeared in this area, which are sometimes unique. Moreover, it is possible to meet different methods of remuneration in one enterprise in different departments.

The main thing in deciding whether to accept one or another method of remuneration at an enterprise (in a subdivision) is to :

firstly, to build a system of remuneration in strict accordance with the current legislation;
secondly, to take into account as much as possible the peculiarities of the organization of labor and production, the peculiarities of products, works, services rendered, the peculiarities of the composition and structure of personnel;
thirdly, to introduce a system of remuneration only on the basis of the developed project for the organization of remuneration, in which, after the design study of all issues of organizing remuneration, to provide, if necessary, its experimental verification with subsequent adjustment;
fourthly, to involve personnel in this work through a broad discussion of the proposed projects and encouragement of employees of the enterprise for active participation in the development and introduction of new methods of remuneration.

So, wages are not only payment for the results of labor. The role of wages is expressed in its stimulating effect on a person: the amount of payment, the procedure for payment and elements of the organization usually develop a person's personal interest in work, motivate him to productive, efficient work.

Differentiation of wages involves the establishment of the necessary differences in wages depending on its complexity (qualification), intensity, areas of application and working conditions.