19.05.20
The government intended to destroy the Labor code: the explanation is not

gov.jpgThe Government wants to emergency right until the end of 2020 to determine the “specifics” of regulation of relations between workers and employers, without changes to the Labour code. Why do it – is unknown.

Surround the bill, which on several dozen pages lists new anti-crisis measures and will be adopted by the state Duma next week, contains one caller puzzling paragraph. It says that the government in 2020 will be able its regulations “to establish features of legal regulation of labour relations” and other related labor relations.” However, to establish a “taking into account opinion of the Russian trilateral Commission for regulating social-labour relations”.

it would Seem that there is nothing unusual here: in the context of the epidemic and deep economic crisis, the government has received and will receive a lot of emergency by ordinary standards authority – there are issues that need to be solved quickly, without spending time on long legislative procedure. But labor relations, i.e. relations between workers and employers – a question special, delicate. They are regulated by the Labour code, changes which can be made only after coordination within the framework of the Russian tripartite Commission with participation of representatives of government, employers and trade unions. And if the government suddenly felt that it is necessary to urgently solve any problems in this area, not bothered writing bills and holding them through a thought – why not explain what?

But the explanation is precisely the problem. In the explanatory note to the “crisis” of the bill which confers a new right government, there is no word about why all this is necessary. And since all anti-crisis bills the state Duma approved virtually without discussion and questions, hopes that will be able to answer in the plenary hall, no.

Deputy of the state Duma Oleg Sheyin (“CP”) and concurrently Vice-President of the Confederation of labor in conversation with “MK” described the initiative of the government, “the destruction of the Labour code”. According to him, it appeared “a few weeks ago and caused a storm of indignation not only in Conferederation labor, but in the FNPR”. The support of trade unions in the Russian tripartite Commission (RTK) she did not receive – indeed, was “deemed offensive,” said Mr. Shein. He believes that the clause about “the voices of” RTK – “about nothing” because it means “listened and did it my way.” A good example, says MP – the very introduction of this bill in the state Duma: “it happened that taking into account the views of the trilateral Commission, the unions said a categorical no, and the government took that opinion and did way.”

Alexander Shershukov, the Chairman of FITUR, the largest trade Union organization in the country, is not so categorical: “it is worth noting that in comparison with the original version still made certain changes – in particular, included the item about the consideration of the opinion of the Tripartite Commission, which in theory should be defined to guard against any excesses” – he said “MK”. But the answer to the main question – “why?” and Mr. Shershukov no. “Speaking personally, I can say that I don’t quite see what kind of initiatives require granting the government such authority. This remains to some extent a mystery, a public explanation, the direction in which to be implemented, these powers have not yet received”.

it is Worth remembering that during the may day video conference at the site of “United Russia” the idea of giving the government the right to decide the issues in the sphere of labor relations “online” was supported, in particular, the head of RSPP Alexander Shokhin. According to employers, it should be “in particular, in order to change the timing of warning employees about the impending dismissal”, that is, to shorten and to clarify the provision of unemployment benefits.

But the head of the Duma Committee for labor and social policy Yaroslav Nilov (LDPR) has suggested that it could be is that the new, more flexible operating modes like combine remote work with office work, fully remote work or flexible working hours. According to him, “the labour Ministry has assured that no relief opportunities for dismissal or reduction in salary is not assumed, nobody is going to go.” All spelled out in the decree of the government measures then must be enshrined in the Labour code, considers g-n Nilov, and reminds us in TK which has not been canceled, there is an article 252, which is directly prohibited in the regulations of any regulatory aspects of work to write something that can cause a decrease in the level of guarantees for the employees and limit their rights.

it Remains to wait: the bill will become law next week, and then the government was apparently dumped on us ready-made solutions, which did not consider it necessary to explain in advance.

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