ORDER OF THE MINISTRY OF HEALTH AND SOCIAL DEVELOPMENT OF THE RUSSIAN FEDERATION

of December 9, 2008 No. 702n

About approval of Administrative regulations of execution of the state function by Federal Service for Labour and Employment on informing and consultation of employers and workers concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right

List of amending documents

According to the Labor Code of the Russian Federation (Russian Federation Code, 2002, N 1, Art. 3; N 30, of the Art. 3014, Art. 3033; 2003, N 27 (h 1), Art. 2700; 2004, N 18, Art. 1690; N 35, of Art. 3607; 2005, N 1 (h 1), Art. 27; N 19, of Art. 1752; 2006, N 27, Art. 2878, N 52 (h 1), Art. 5498; 2007, N 1 (h 1), Art. 34; N 17, of Art. 1930; N 30, of Art. 3808; N 41, of Art. 4844; N 43, of Art. 5084; N 49, of Art. 6070; 2008, N 9, Art. 812; N 30 (h 1), the Art. 3613), the order of the Government of the Russian Federation of November 11, 2005 N 679 "About procedure for development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18, 2063) I order to the Art.:

Approve the enclosed Administrative regulations of execution of the state function by Federal Service for Labour and Employment on informing and consultation of employers and workers concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right.

 

Approved by the order of the Ministry of Public Health and Social Development of the Russian Federation of December 9, 2008, No. 702n

Administrative regulations of execution of the state function by Federal Service for Labour and Employment on informing and consultation of employers and workers concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right

I. General provisions

1. Administrative regulations of execution of the state function by Federal Service for Labour and Employment on informing and consultation of employers and workers concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right * (1), determines terms and the sequence of actions (ministerial procedures) of Federal Service for Labour and Employment * (2) and its territorial authorities by the state supervision and control of observance of the labor law and other regulations containing regulations of labor right * (3), during the informing and consultation of employers and workers concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right.

2. The state function on informing and consultation of employers and workers concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right * (4), it is performed directly:

federal government civil servants of structural divisions of central office of Rostrud, authorized to perform execution of the state function * (5);

federal government civil servants of territorial authorities, authorized to perform execution of the state function * (6).

In case of execution of the state function employees of structural divisions of Rostrud provide:

placement in means of mass and electronic informing, including on the official site of Rostrud on the Internet, organizational and administrative documents of Rostrud concerning supervision and control of observance of the labor law, data on the main results of supervision and control in the established field of activity, including in the form of the annual reports on observance of the labor law and other regulatory legal acts containing regulations of labor right, forming and publishing of information and recommendations about application of provisions of the labor law and other regulatory legal acts containing regulations of labor right prepared in accordance with the established procedure;

informing workers and employers on the projects of the fundamental regulatory legal acts containing regulations of labor right prepared by federal executive bodies and also on the made changes and additions in the federal regulatory legal acts containing regulations of labor right;

consultation of employers and workers concerning the application of separate provisions of the labor law and other regulatory legal acts containing regulations of labor right;

coordination of activities of territorial authorities for informing and consultation of employers and workers concerning observance and application of provisions of the labor law and other regulatory legal acts containing regulations of labor right and also control of proper execution of the state function by territorial authorities.

In case of execution of the state function employees of territorial authorities provide:

placement in mass media of the subject of the Russian Federation, on the official sites on the Internet of territorial authorities and executive bodies of subjects of the Russian Federation, and also in the multipurpose centers of provision of the state and municipal services of data on the main results of the supervision exercised by territorial authorities and control in the established field of activity, forming of information and recommendations about questions of application of provisions of the labor law and other regulatory legal acts containing regulations of labor right;

consultation of employers and employees of the organizations for application of separate provisions of the labor law and other regulatory legal acts containing regulations of labor right operating in the territory of the subject of the Russian Federation.

3. Powers on execution of the state function are performed according to:

The constitution of the Russian Federation of December 12, 1993 (The Russian Federation Code, 1996, N 3, Art. 152; N 7, of Art. 676; 2001, N 24, Art. 2421; 2003, N 30, Art. 3051; 2004, N 13, Art. 1110; 2005, N 42, Art. 4212; 2006, N 29, Art. 3119; 2007, N 1 (1 h), Art. 1; N 30, of the Art. 3745);

The International Labor Organization Convention about inspection of work in the industry and trade (The convention N 81) and the Protocol of 1995 to the Convention N 81, ratified by the Federal Law of the Russian Federation of April 11, 1998 N 58-FZ "About ratification of the Convention of 1947 on inspection of work and the Protocol of 1995 to the Convention of 1947 on inspection of work, the Convention of 1978 on regulation of questions of work and the Convention of 1981 on safety and occupational health and the production circle" (The Russian Federation Code, 2001, N 50, Art. 4650; 1998, N 15, Art. 1698);

Labor Code of the Russian Federation (Russian Federation Code, 2002, N 1, Art. 3; N 30, of Art. 3014; N 30, of Art. 3033; 2003, N 27, Art. 2700; 2004, N 18, Art. 1690; N 35, of Art. 3607; 2005, N 1, Art. 27; N 19, of Art. 1752; 2006, N 27, Art. 2878, N 52, Art. 5498; 2007, N 1, Art. 34; N 17, of Art. 1930; N 30, of Art. 3808; N 41, of Art. 4844; N 43, of Art. 5084; N 49, of Art. 6070; 2008, N 9, Art. 812; N 30 (h 1), Art. 3613);

The Federal Law of December 26, 2008 N 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, N 52 (p. I), Art. 6249; 2009, N 18 (p. I), Art. 2140; N 29, of Art. 3601; N 48, of Art. 5711; N 52 (p. I), Art. 6441; 2010, N 17, Art. 1998; N 18, of the Art. 2142);

The Federal Law of July 21, 2005 N 94-FZ "About placing orders for the supply of goods, works and services for state and municipal needs" (The Russian Federation Code, 2005, N 30, Art. 3105; 2006, N 1, Art. 18; 2007, N 17, Art. 1929; N 31, of Art. 4015; N 46, of the Art. 5553);

The Federal Law of July 27, 2006 N 149-FZ "About information, information technologies and on information security" (The Russian Federation Code, 2006, N 31 (h 1), the Art. 3448);

The Federal Law of May 2, 2006 N 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, N 19, the Art. 2060);

The Federal Law of November 29, 2007 N 282-FZ "About the official statistical recording and system of the state statistics in the Russian Federation" (The Russian Federation Code, 2007, N 49, the Art. 6043);

The Federal Law of March 13, 2006 N 38-FZ "About advertizing" (The Russian Federation Code, 2006, N 12, Art. 1232; N 52 (h 1), Art. 5497; 2007, N 7, Art. 839; N 16, of Art. 1828; N 30, of Art. 3807; N 49, of the Art. 6071);

The Federal Law of July 27, 2006 N 152-FZ "About personal data" (The Russian Federation Code, 2006, N 31 (h 1), the Art. 3451);

the order of the Government of the Russian Federation of February 12, 2003 N 98 "About ensuring access to information on activities of the Government of the Russian Federation and federal executive bodies" (The Russian Federation Code, 2003, N 7, the Art. 658);

the order of the Government of the Russian Federation of June 30, 2004 N 324 "About approval of the Regulations on Federal Service for Labour and Employment" (The Russian Federation Code, 2004, N 28, Art. 2901; 2007, N 37, Art. 4455);

the order of the Government of the Russian Federation of July 28, 2005 N 452 "About Standard regulations of the internal organization of federal executive bodies" (The Russian Federation Code, 2005, N 31, Art. 3233; 2007, N 43, Art. 5202);

the order of the Government of the Russian Federation of November 17, 2007 N 781 "About approval of regulations on safety of personal data in case of their processing in information systems of personal data" (The Russian Federation Code, 2007, N 48 (2 h), 6001).

4. Informing concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right represents the sequence of actions (ministerial procedures) directed to forming, provision and receipt by unrestricted circle of employers and workers of information and recommendations about questions of application of provisions of the labor law and other regulatory legal acts, the containing regulations of labor right, including data on application of provisions:

4.1. the existing labor law, including:

Labor Code of the Russian Federation;

other Federal Laws and the laws of subjects of the Russian Federation containing regulations of labor right;

4.2. other regulatory legal acts containing regulations of labor right including:

presidential decrees of the Russian Federation;

orders of the Government of the Russian Federation and regulatory legal acts of federal executive bodies;

regulatory legal acts of executive bodies of subjects of the Russian Federation;

regulatory legal acts of local government bodies.

Consultation on questions of observance of the labor law and other regulatory legal acts containing regulations of labor right represents the sequence of actions (ministerial procedures) directed to provision according to personal oral, written or other appeal of specific employers and workers of recommendations and explanations concerning the proper observance of separate provisions of the labor law and other regulatory legal acts containing regulations of labor right, including concerning:

procedure for the conclusion, change and termination of employment contracts;

work-rest schedule, provision of the main and additional paid leaves;

payments and regulations of work, including establishment, calculation and salary payment;

provision of guarantees and compensations to workers;

procedure for application of authority punishments;

organizations of labor protection and providing rights of workers to labor protection, including procedure for investigation of labor accidents and occupational diseases;

procedure and conditions of financial responsibility of the parties of the employment contract, including procedure for indemnification of life and to health of the worker caused in connection with execution of labor obligations by it;

features of regulation of work of separate employee categories (women, persons with family obligations, workers aged up to eighteen years, persons working part-time, etc.);

procedure for permission of individual and collective employment disputes;

professional training, retraining and advanced training of workers directly at the employer;

social partnership, conducting collective bargainings, conclusion of collective agreements and agreements;

participations of workers and their plenipotentiaries in management of the organization;

supervision and control of observance of the labor law (including the legislation on labor protection) and other regulatory legal acts containing regulations of labor right;

other questions of regulation of employment relationships of subjects of labor right.

Placement in means of mass and electronic informing the employers and workers of information and reference materials or recommendations addressed to unrestricted circle or receipt of consultations and explanations by them concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right is result of execution of the state function.

In case of public informing employers and workers concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right, dispositive fact with which execution of the state function comes to an end is placement in mass media or on the official sites on the Internet of Rostrud, territorial authorities and executive bodies of subjects of the Russian Federation, and also in the multipurpose centers of provision of the state and information municipal services (help) materials and recommendations about questions of application of provisions of the labor law and other regulatory legal acts containing regulations of labor right, including annual reports on observance of the labor law.

In case of the personal (internal) appeal of employers and workers behind receipt of consultation concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right, dispositive fact with which execution of the state function comes to an end is receipt of oral explanations by applicants.

In case of the written request for consultation concerning the observance of the labor law and other regulatory legal acts containing regulations of labor right, dispositive fact with which execution of the state function comes to an end is obtaining by the employer or worker of explanations on the questions raised in the address in written or electronic form.

5. The state function is performed in relation to:

to legal entities;

to employers - the physical persons registered in accordance with the established procedure as individual entrepreneurs and performing business activity without formation of legal entity;

to employers - the physical persons who entered employment relationships with workers for the purpose of personal servicing and the help with housekeeping, not being individual entrepreneurs;

to citizens of the Russian Federation;

to foreign citizens;

to stateless persons.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info