In the Russian Federation, every citizen is able to protect his rights by all means that do not contradict the law. They are listed in the Labor Code.
Article 352 refers to the following ways by which the labor rights of workers can be protected:
- independent protection;
- Protection of labor rights of workers by trade unions;
- applying to the court for protection;
- control and supervision of the state to ensure compliance with the law.
Not the least role in protecting workers is played byunions. These associations are created specifically for this purpose. Protection of labor rights of workers by trade unions is exercised by monitoring that employers do not violate labor laws.
These associations operate with the help of their bodies (trade union committees), labor inspectorates and trusted labor protection officers.
The authorized trade union committee, which will subsequently consider labor protection issues, is selected, as a rule, at a general meeting of all employees of the organization.
But labor inspections are created at the all-Russian level, as well as regional and territorial.
Protection of labor rights of employees is the main goalcreation of such associations as trade unions. Therefore, the powers of labor safety inspectors allow them to visit unhindered those enterprises that are the workplace of the members of the trade union (and the form of their property does not matter) in order to check whether the legislation on labor standards is observed there, whether the conditions of agreements and treaties that were signed earlier are being fulfilled.
Labor inspectors, for whose benefit the protection of labor rights of employees, are authorized:
- to control, whether the employer complies with the norms of labor legislation;
- independently conduct an examination of the conditions in which workers work, as well as the conditions for ensuring their safety;
- participate in the investigation of those accidents that occurred in the production, and prof. diseases;
- to receive from the leaders information on what conditions they created in this organization for full-time work;
- the powers of inspectors include the protection of labor rights of employees, concerning issues relating to the damage to their health caused at work;
- require employers to suspend work if they threaten the lives and health of employees;
- after the discovery of violations of labor legislation, require the employer to eliminate them;
- to check whether the employer complies with the obligations regarding protection and working conditions stipulated in the collective agreement or contract;
- to enter the commission, as independent experts, while checking the means of production before putting them into operation;
- participate in the resolution of disputes related to the fact that the employer has violated the norms and working conditions stipulated in the collective agreement;
- participate in the development of legal acts and laws that contain the definition of labor law;
- participate in the development of legal acts subordinate to the law and related to labor protection, and also coordinate them in accordance with the procedure established by the Government of the Russian Federation;
- require the relevant authorities to ensure that persons who violate labor laws or conceal accidents that have occurred at work are held accountable.
Carrying out the powers listed above,Labor inspectorates closely cooperate with state bodies that supervise and control the strict observance of the employment law.
It is the duty of every employer to create conditions for trade unions to exist and act (including in the sphere of protecting human labor).
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