SYSTEM OF PREVENTION OF LABOR RIGHTS VIOLATION IN THE SPHERE OF LABOR PROTECTION: ESSENCE AND PROSPECTS OF LEGAL REGULATION

Abstract

The objective of the paper is to research the system of measures preventing the labor rights violation in the sphere of labor protection. For this purpose, the normative-legal acts were analyzed, including those in the sphere of labor protection, as well as special literature. To achieve the set goal, the measures stipulated by the Russian legislation to prevent the labor rights violation in the sphere of labor protection were analyzed. As a result, the authors revealed the essence of preventing the labor rights violation in the sphere of labor protection, and propose their classification, which serves as the basis for forming a system of preventive measures. The preventive measures are differentiated on various grounds: content (economic, juridical and moral) and organization (external and internal). Some of these measures are already stipulated by the legislation, including in pursuance of international norms (Conventions of International Labor Organization), others need to be adopted for development of economic relations (for example, labor compliance in the sphere of labor protection). The classification of measures preventing the rights violation in the sphere of labor protection based on their content is the most informative. For instance, the economic preventive measures include organizational, medical, and financial measures. Organizational measures include such measures as organization of the labor protection management system, implementation of special evaluation of labor conditions, training in the sphere of rules of labor protection, distribution of individual protection means, milk, therapeutic prophylactic nourishment, etc. the medical prophylactic measures are medical examination of workers, providing sanitary-amenity services by the employer, mandatory medical insurance of the employees. The financial preventive measures are the necessary payments of an employer to provide the measures for labor protection. The juridical measures preventing the rights violation in the sphere of labor protection are represented by measures of control and supervision. Supervision is implemented by the Federal Labor Inspection, while control is organized and implemented by a special department of the employer company, which controls how the employees follow the rules of labor protection (labor compliance). Finally, the moral preventive measures often have the most expressed positive effect on the employees’ following the rules of labor protection, thus stimulating an employer for creating the safe working conditions.