Soviet Archives - Collection of Government Documents on Workers

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  Soviet Archives - Collection of Government Documents on Workers

From the Collection of enactment and decrees of the government for 1921, Administration of the Council of People's Commissars of the USSR

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1918 No. 87‐88, Art. 905 

Labor Code.

Introduction.

I.                    The Code of Labor Laws comes into effect from the moment of its publication in the ʺCollection of Legalizations and Orders of the Workers ʹand Peasantsʹ Governmentʺ. It must be widely distributed among the working population by all local organs of Soviet power and displayed in all Soviet institutions in a conspicuous place.

II.                  The provisions of the Labor Code apply to all persons working for remuneration and are obligatory for all enterprises, institutions and farms (Soviet, public, private and domestic), as well as for all individuals who use other peopleʹs labor for remuneration.

III.                All existing and newly issued regulations on labor of a general nature (orders of individual institutions, instructions, internal regulations, etc.), as well as individual contracts and agreements are valid from now on only insofar as they do not contradict the rules of this Code.

IV.                All agreements on labor, both previously held and concluded in the future, since they contradict the provisions of this Code, are invalid and unnecessary neither for workers, nor for those who use other peopleʹs labor.

V.                  In enterprises and farms employing labor in the form of organized cooperation (paragraph “a” of Article 6 of this Code), the workers should be granted, under the leadership of the Central Soviet government, the broadest self‐government, on which alone the fruitful education of the working masses can be based. the spirit of the socialist and communist system.

Vi. Working conditions in communal facilities (agricultural and other communes) created or maintained by Soviet institutions are regulated by special resolutions of the All‐Russian Central Executive Committee of Soviets and the Council of Peopleʹs Commissars and instructions of the Peopleʹs Commissariats of Agriculture and Labor.

The working conditions of farmers on the lands provided to them for use are regulated by the Code of Laws on Land.

Working conditions of independent artisans are regulated by special decrees of the Peopleʹs Commissariat of Labor.

Section I. On labor service.

1.  For all citizens of the Russian Socialist Federative Soviet Republic, with the exceptions specified in Art. 2 and 3, labor service is established.

2.  Labor service is not at all subject to:

a)  persons under the age of 16,

b)  persons over 50 years old,

c)   persons who have permanently lost their ability to work due to injury or illness.

3. The following are temporarily exempted from labor service:

a)                   persons who, due to illness or injury, have temporarily lost their ability to work, for the period necessary for its restoration;

b)                  pregnant women for a period of time 8 weeks before relief from the burden and 8 weeks after delivery.

4.  Students in all schools carry out labor service at school.

5.  The fact of permanent or temporary disability is certified by a medical examination carried out by the Bureau of Medical Expertise at city‐wide district and regional public funds, at accident insurance offices or at institutions replacing them at the place of residence of the person whose disability is certified.

Note I of . The rules on the procedure for establishing incapacity for work are attached hereto.

Note  II . Persons obligated to labor service and not engaged in socially useful work may be forcibly recruited by local Councils of Deputies to perform public works on conditions established by the Labor Departments in agreement with local Councils of Trade

Unions.

6.  Labor is applied in the form:

a)  organized cooperation,

b)  the provision of individual personal services,

c)   performing a separate, definite work.

7.                   Working conditions in state (Soviet) institutions are governed by tariff regulations approved by the Central Soviet government represented by the Peopleʹs Commissariat of Labor.

8.                   Working conditions in all Soviet enterprises and farms, nationalized, public and private, are regulated by tariff regulations drawn up by trade unions by agreement with the leaders or owners of enterprises and farms and approved by the Peopleʹs Commissariat of Labor.

Note . If it is impossible to reach an agreement with the leaders or owners of enterprises and farms, the tariff regulation is worked out by the trade union and directly submitted for approval by the Peopleʹs Commissariat of Labor.

9.                   Labor in the form of the provision of individual personal services and in the form of performing a separate, definite work, is regulated by tariff regulations developed by the relevant trade unions and approved by the Peopleʹs Commissariat of Labor.

Section II. The right to use labor.

10.                All able‐bodied citizens have the right to use labor in their specialty and for the remuneration established for this type of work.

Note . The District Exchange Point of the Labor Distribution Department, in agreement with the relevant professional association, is provided, in the absence of work in the specialty, to send individual workers and their groups to work in another specialty.

11.                The right to use their labor is primarily held by persons who are obliged to work.

12.                Of the persons released from labor service, the right to use labor is recognized only for the persons specified in paragraph “b” of Art. 2nd.

13.                Unconditionally deprived of the right to use labor of the persons specified in paragraphs “a” and paragraph “c” of Art. 2 nd, and the persons specified in Art. 3rd.

14.                All females and males under the age of 18 have no right to use work at night or in sectors that are particularly serious or hazardous to health.

Note . The list of especially difficult and life‐threatening jobs specified in this article is developed by the Labor Protection Department of the Peopleʹs Commissariat of Labor and is published annually during January in the Collection of Legalizations and Orders of the Workers

ʹand Peasantsʹ Government.

Section III. The procedure for the provision of labor.

15.                The exercise of the right to work is ensured by the Labor Distribution Departments, trade unions and all institutions of the Russian Socialist Federal Soviet Republic.

16.                The recruitment of workers to work is done through the Labor Distribution Departments.

17.                Engaging workers in work other than the Labor Distribution Departments is possible only if a person is invited to work at the choice of the appropriate Soviet institution or enterprise.

18.                The elective procedure applies only when providing work requiring political trust or rare, special knowledge related to the personality of the invitee.

19.                Individuals recruited by selection must register with the Workforce Allocation Office prior to admission, but do not obey the testing rules set out in Section IV of this Code.

20.                The attraction of the unemployed to work through the Labor Distribution Departments is carried out in the manner specified in Art. 21‐30.

21.                A worker who is unemployed in his specialty is registered with the local Labor Distribution Department as unemployed.

22.                Institutions and persons having a need to perform any kind of work, contact the local Labor Distribution Department or its Branch (Correspondent Point), indicating in the requirement both the conditions of the proposed work and the conditions that the worker must satisfy ( profession, special knowledge, experience).

23.                The Labor Distribution Department, upon receipt of the request specified in Art. 22, sends, in the order of the queue established by him, a person who meets the conditions listed in the requirement.

24.                An unemployed person has no right to refuse a job offered to him in his specialty, if the working conditions do not deviate from the norms established by the relevant tariff regulation, and in the absence of a tariff, by the trade union.

25.                A worker who has received a job that lasts no more than 2 weeks is considered unemployed and does not lose his turn at the Labor Distribution Department.

26.                If the local Labor Distribution Department does not currently have employees who meet the required conditions, the request is immediately sent to the District Exchange Point with the simultaneous notification of the institution or person inviting the employee.

27.                When demanding to work in another locality, a call is made to those who wish to go to this locality, the unemployed registered with the given Division of Labor Force Distribution, in turn; if there is not a sufficient number of such people wishing to go to work in another area, the Labor Distribution Department sends the missing number of workers in the order of their registration, and those containing other people on their earnings should not be sent earlier single ones.

28.                If in the Distribution of Labor Departments within the district there are no workers who meet the required conditions, the District Exchange Point, in agreement with the relevant professional association, is given the right, instead of the worker of the required specialty, to send an unemployed person of another category that is closest to the nature of his specialty for execution this work.

29.                An unemployed person who has received a job not in his specialty is obliged to accept it, but may declare his desire to perform it temporarily, until he receives a job in his specialty.

30.                For workers who work not in their specialty and who have declared their desire to perform the work provided temporarily, there is a queue at the Labor Distribution Department until they receive a job in that specialty.

31.                Individuals who violate the procedure for providing work provided for in this section are punished by the local Collegium of the Labor Distribution Department in the form of a fine of at least 300 rubles or imprisonment for at least one week. Soviet institutions and officials are liable for violation of the specified procedure for providing work as an official crime.

Section IV. About the preliminary test.

32.                With a long‐term nature of work, the final hiring is preceded by a test of no more than 6 days for workers, and in Soviet institutions, a two‐week trial for unskilled and less responsible types of labor and a month for qualified and responsible ones.

33.                Depending on the results of the test, either the final acceptance of the worker for work, or his expulsion with payment of remuneration for the test period at tariff rates, is made.

34.                The results of the test (acceptance or expulsion) are immediately notified to the Labor Distribution Department.

35.                Until the expiry of the term of the preliminary test, the worker is considered unemployed and the queue set in the Labor Distribution

Department is kept.

36.                A person who has been tested and not finally recruited may appeal against non‐admission to the trade union of which he is a member.

37.                The trade union, if it recognizes the complaint referred to in the previous article as substantiated, enters into negotiations with the institution or the person who has refused to provide the worker with a permanent job to hire the complainant.

38.                In case of ineffectiveness specified in Art. 37 negotiations, the case goes to the local Labor Department, the decision of which is final and not subject to further appeal.

39.                The Labor Department may oblige a person or institution that has unjustifiably refused a worker to accept a permanent job, to continue to provide the worker with work and, in addition, to award the said person or institution to the payment of remuneration to the worker at a rate for the entire period from the moment of termination of work until the moment of granting work on the basis of the decree of the Department of Labor.

Section V. On the transfer and dismissal of workers.

40.                The transfer of workers in all enterprises, institutions and farms that employ other peopleʹs labor for remuneration can only take place in the interests of the cause and on the basis of a decision of the appropriate management body.

Note . The rule of this article does not apply to the case of work for individuals using someone elseʹs work for remuneration, if the work is used in the forms specified in paragraphs. “B” and “c” art. 6th.

41.                Transfer of a worker to another job, within the enterprise, institution or farm where the worker works, is carried out by order of the management bodies of the enterprise, institution or economy where the worker works.

42.                The transfer, accompanied by the movement of the worker to another institution, enterprise or farm located in the same or another locality, is carried out by the appropriate management body with the consent of the Labor Distribution Department.

43.                The decision referred to in Art. 40 of the governing body about the transfer may be appealed by interested persons or organizations to the relevant Labor Department (local or regional).

44.                The decision of the Department of Labor on the issue of transfer can be appealed by the parties, respectively, to the regional Department of Labor or to the Peopleʹs Commissariat of Labor, whose decision on the disputed issue is final and not subject to further appeal.

45.                For the performance of urgent socially necessary work, if there is not a sufficient number of persons willing to voluntarily perform these works, the regional Labor Department, in agreement with the relevant professional association, with the approval of the Peopleʹs Commissariat of Labor, may decide to transfer a whole group of workers from the organization, where they work, to another organization located in the same or in a different area.

46.                Dismissal of a worker from work in an enterprise, institution or economy, where he is currently using his labor, is allowed in the following cases:

a)  as a result of the complete or partial liquidation of this institution, enterprise or economy, or when certain duties or works are abolished;

b)  due to suspension of work for more than a month;

c)   due to the expiration of the term or the performance of the work, if the work was of a temporary nature;

d) in case of obvious unfitness for work, by special order of the management bodies of an enterprise, institution or economy, with the consent of the relevant professional organization;

e)  at the request of the worker himself.

47.  About the upcoming dismissal on the grounds specified in paragraphs. ʺAʺ, ʺbʺ and ʺdʺ art. 46, the governing body of the institution, enterprise or economy where the worker uses his labor, or the person for whom the worker works, warns the worker 2 weeks before        dismissal,            simultaneously  notifying              the          local       Labor Distribution Department.

48.  A worker dismissed on the grounds specified in paragraphs. ʺAʺ, ʺbʺ and ʺdʺ Art. 46, is considered unemployed from the moment of warning and takes the queue on the lists of the Distribution of Labor Force, continuing to carry out his duties until the expiration of the two weeks specified in the previous article.

49.  Resolution    on           dismissal             on           the          grounds               specified              in paragraphs. ʺAʺ, ʺbʺ and ʺdʺ art. 46, may be appealed to the local Department of Labor by interested persons.

50.  The decision of the local Department of Labor on the issue of dismissal can be appealed by the parties to the regional Department of Labor, the decision of which on the controversial issue is final and not subject to further appeal.

51.  Voluntary abandonment of work (item “e” of Art. 46) in an enterprise, institution or farm must be preceded by a check of the reasons for leaving, carried out by the appropriate body of workersʹ self‐government (factory or similar committee).

Note . The rule of this article does not apply to the case of a worker leaving work for a private person who uses someone elseʹs work for remuneration, if the work is used in the forms specified in paragraphs ʺbʺ and ʺcʺ of Art. 6.

52.  If the body of workers ʹself‐government (factory, etc. Committee), having familiarized itself with the reasons for leaving work, finds them unfounded, the worker is obliged to continue working, but can appeal against the decision of the body of workersʹ self‐government to the appropriate trade union.

53.  In case of unauthorized abandonment of work, contrary to the decision of Art. 52nd, the worker is deprived of the right to register with the Division of Labor Distribution within one week.

54.  Institutions and persons employing remunerated labor are obliged to notify the local Labor Distribution Department and the trade union of which the worker is a member of any worker leaving work,

indicating the time and reason for leaving the job.

Section VI. About remuneration for work.

55.  The amount of remuneration received by workers for work in enterprises, institutions and farms using someone elseʹs labor, the detailed conditions and procedure for its issuance, are determined by the tariffs developed for each type of labor in the manner specified in Art. 7‐9 of this Code.

56.  When establishing tariff rates, the institutions that develop them must not deviate from the provisions of this section of the Labor Code.

57.  The establishments that determine the tariff, when establishing the rates of remuneration, distribute all workers in a given profession into groups and categories, setting a certain amount of remuneration for each group and category.

58.  The amount of remuneration determined by the tariff regulation, in any case, cannot be lower than the subsistence level established by the Peopleʹs Commissariat of Labor for the population of each locality of the Russian Socialist Federative Soviet Republic and published in the Sobr. Uzak. and Rasp. Workers ʹand Peasantsʹ Government.

59.  When determining the amount of remuneration for each group and category, the following are taken into account: the severity of work, the danger of the conditions in which the work is performed, the complexity and accuracy of the work performed and the degree of independence and responsibility for its implementation, the degree of training and experience required for its performance.

60.  The remuneration of each worker is determined by his enrollment in a specific group and category.

61.  The distribution of workers into groups and categories within each branch of labor is carried out by special rate commissions, local and central, formed under the respective professional organizations.

Note . The order of activity of the rate commissions is determined by the Peopleʹs Commissariat of Labor.

62.  The tariff regulation determines the amount of remuneration for work during a normal working day or for piecework, and specifies the amount of remuneration for overtime work.

63.  Remuneration for piecework is determined based on the daily wage divided by the number of items, which is the production rate.

64.  The amount of remuneration established for overtime work cannot exceed one and a half of the normal remuneration.

65.  In addition to remuneration for overtime work in the same or another branch of labor, no additional (in excess of the norms established for a given group and category) remuneration of workers is allowed, under whatever pretext and in whatever form it is produced and regardless of whether it is made. whether issuing it in the same or in different places of employment.

66.  Persons using their labor in several places are obliged to declare in which of the places of employment they wish to receive remuneration.

67.  Persons, contrary to the decision of Art. 65 recipients of additional remuneration are liable under criminal procedure as for deception, and the remuneration received in excess of the normal one is subject to deduction from future remuneration.

68.  From the remuneration received by the worker, it is allowed to withhold what is received contrary to the regulation of Art. 65 additional remuneration and remuneration earned by workers during vacation (Article 111), as well as the production of deductions for absenteeism.

69.  None other than those specified in art. 68, deductions and deductions, in whatever form and under whatever pretext they are made, are certainly not permitted.

70.  The issuance of remuneration cannot precede the production of work.

71.  If the work is of a permanent nature, then the payment of remuneration should be carried out periodically, but not less often than every 2 weeks.

Remuneration for temporary work and for work in the form of

performing a separate, specific work, if these work lasts less than two weeks, are made immediately after the end of the work.

72.  Payment of remuneration is made in money or in kind (provision of premises for housing, food, food).

73.  The payment of remuneration in kind must be approved by the local Labor Department, which sets the rate with the participation of the trade union concerned.

Note . The established rate should not deviate from the cost norms developed by the relevant institutions of the Soviet government (Evaluation Commissions of the Peopleʹs Commissariat of Food and Land and Housing Department, Price Committees, etc.).

74.  Payment of remuneration must be made during working hours.

75.  Payment of remuneration must be made at the place of work.

76.  The worker receives remuneration only for the work actually done. If the non‐performance of work during the working day was caused by reasons beyond the control of the worker (simple accidental or through the fault of the administration), then remuneration is paid for the provision of labor for the performance of the work undertaken and its amount must correspond to daily wage rates for daily work, and for piecework work ‐ the average daily earnings of a given worker.

77.  The remuneration is retained for the worker during the use of leave (arts. 106 and 107).

78.  When a worker is sick, the remuneration due to him is in the form of an allowance paid by the health insurance funds.

Note . The procedure for paying the allowance is determined by the rules attached hereto.

79.  The unemployed receive benefits from the unemployed fund.

Note . Regulations on the unemployed and the benefits they receive are attached hereto.

80.  Every worker is obliged to have a workbook, in which notes are entered on the work performed by him and on the remuneration and benefits received.

Note . The rules on workbooks for workers are attached herewith.

Section VII. Working time.

81.  Working hours are regulated by the rules established in the tariffs generated for each type of labor in the manner specified in Art. 7‐9 of this Code.

82.  When establishing rules on working hours, the institutions that formulate them must not depart from the provisions of this section of the Labor Code.

83.  Normal working time is the time set for the production of this work by the tariff regulation.

84.  The duration of the normal working hours of each worker may not exceed 8 days or 7 hours of the night.

85.  The duration of the normal working time of each worker may not exceed 6 hours: a) for persons under the age of 18, and b) in sectors of work that are especially difficult and unfavorable to health (note to Article 14 of this Code).

86.  During normal working hours, workers should be allowed breaks for rest and eating.

87.  Machines, drives and machine tools during a break must be stopped, except for the cases when their stop is impossible due to technical conditions or when they are used for ventilation, drainage, lighting, etc.

88.  The break time established by article 86 is not included in the count of working hours.

89.  The break must take place no later than 4 hours after the start of work and its duration cannot be less than hour and more than 2 hours.


 

For workers who are breastfeeding, additional breaks should be established every three hours for at least hour.

90.  Workers have the time of their break as they see fit. In particular, they are allowed to be absent from the place of work during the break.

91.  If the nature of the work is such that its production requires time exceeding the normal working day established for a given branch of labor, then 2 or more changes of workers may be involved in its performance.

92.  In shift work, each working group must perform work during normal working hours; the replacement of one group of workers by another group should take place at hours determined by the internal regulations and without disrupting the normal course of work.

93.  Work in excess of normal working hours (overtime work), as a general rule, is not allowed.

94.  Overtime work is allowed in the following exceptional cases:

a)                   in the performance of work necessary to prevent social disasters and dangers that threaten the existence of the Soviet system and the lives of people;

b)                  when performing socially necessary work on water supply, lighting, sewerage and transport, to eliminate accidental or unexpected circumstances that disrupted their proper functioning;

c)                   if necessary, finish the work started, which, due to an unforeseen and accidental delay, due to the technical conditions of production, could not be completed during normal working hours, if the termination of this work may entail damage to materials and machines;

d)                  in the production of temporary work on the repair and restoration of mechanisms or structures in cases where the breakdown of such causes the termination of work of a significant number of workers.

95.     In the case provided for in paragraph “c” of Article 94, overtime work may be allowed only with the consent of the relevant trade union.

96.     For the production of overtime work in the case specified in paragraph “g” of Art. 94, in addition to the authorization established by the previous article, the authorization of the local labor inspectorate must follow.

97.     Of course, all females and males under the age of 18 are not allowed to work overtime.

98.     The time spent by each worker on overtime work for two consecutive days shall not exceed four hours.

99.     Overtime work is not allowed to compensate for the time lost due to a worker being late for work.

100.  Each overtime work performed by a worker must be noted in his work record book, indicating the amount of remuneration received by him for overtime work.

101.  The total number of days when overtime work is carried out in departments of enterprises, institutions or farms during the year should not exceed 50 days, and the days count includes those days on which at least one worker performed overtime work in the respective department.

102.  Each enterprise, institution and farm must keep a special book for recording the overtime work performed there.

103.  All workers should be provided with weekly uninterrupted rest of at least 42 hours.

104.  Work is not performed on specially set holidays.

Note . The rules for holidays and weekly rest days are attached herewith.

105.  On the eve of rest days, the normal working day of all workers is reduced by 2 hours.

The rule of this article does not apply to institutions and enterprises where the duration of the working day does not exceed 6 hours.

106.  All workers who have worked continuously for at least 6 months, regardless of whether the work was performed in the same or in different enterprises, institutions and farms, must be granted two weeksʹ leave.

107.  All workers who have worked continuously for at least one year, regardless of whether the work was carried out in the same or in different enterprises, institutions or farms, must be granted a monthʹs leave.

Note . Art. 106 and 107 come into force on January 1, 1919.

108.  The use of vacations can take place throughout the year, but should not disrupt the normal course of work in enterprises, institutions, or farms.

109.  The time, procedure and queue for the use of vacations must be established by agreement between the management bodies of the enterprise, institution or economy and the self‐governing bodies of workers (factory, etc. Committees).

110.  The production of paid work during vacation is prohibited.

111.  From the remuneration of a worker who performed paid work during vacation, the amount earned by him during vacation is withheld.

112.  The absence of a worker from the place of work caused by emergency circumstances and carried out with the permission of the work manager is not considered leave; working hours missed due to such absences are not subject to remuneration.

Section VIII. Ensuring proper labor productivity.

113.  In order to ensure adequate labor productivity for all workers in enterprises, institutions and farms (public, public or private) who use other peopleʹs labor for remuneration and in the form of organized cooperation, and the governing bodies of these enterprises, institutions and farms are obliged to strictly observe the requirements of this section of the Code on production standards, on normal productivity and on the rules of the internal order.

114.  Every worker, during a normal working day and under normal conditions, must perform an amount of work not less than the production rate established for the category and group in which the worker is enrolled.

Note . Normal, in the sense of this article, conditions are:

a)  good condition of machines, machine tools and devices;

b) timely submission of materials and tools necessary to complete the work;

c)  the proper quality of materials and tools;

d) proper hygienic and sanitary equipment of the premises where the work is performed (adequate lighting, heating, etc.).

115.             The establishment of production standards for workers in each profession and the determination of production standards for workers of certain groups and categories is carried out by the rate commissions at the respective professional organizations (art. 61).

116.             In determining the production rates, the pricing commission takes into account the number of products usually produced by workers of a given profession, group and category during a normal working day and under normal technical conditions.

117.             The production rates established by the pricing commission are approved by the relevant Labor Department, with the participation of the National Economy Council.

118.             A worker who systematically produces less than the established production rate may, by decision of the relevant rate commission, be transferred to another job of the same group and category, or transferred to a lower group or category with a corresponding decrease in remuneration.

The decision to transfer to a lower group or category with a decrease in remuneration can be appealed to the local Labor Department and further to the regional Labor Department, the decision of which is final and not subject to further appeal.

119.             If the failure to achieve the production rate is the result of the workerʹs dishonesty or gross negligence, he may be dismissed in the manner specified in paragraph “g” of Art. 46th, without warning two weeks before dismissal (Art. 47).

120.             The Supreme Council of the National Economy, together with the Peopleʹs Commissariat of Labor, is authorized in exceptional cases to announce a general decrease or increase in production and productivity rates for all working people and for all enterprises, institutions and farms in a given region.

121.             Adequate labor productivity is ensured, in addition to compliance with the regulations specified in this section on production feed and on productivity standards of enterprises, institutions and farms, as well as by internal regulations.

122.             The internal regulations in Soviet institutions are established by the organs of Soviet power and approved by the Peopleʹs Commissariat of Labor or its local departments.

123.             The internal regulations for Soviet, nationalized, public and private enterprises and farms are worked out by trade unions and approved by the corresponding labor departments.

124.             The internal regulations must contain clear, precise and, if possible, comprehensive instructions:

a)                   on the general obligations of all workers (careful handling of entrusted materials and tools, obedience to the instructions of managers regarding the performance of work, compliance with the established norm of working hours, etc.);

b)                  on the special duties of workers in this branch of production (careful handling of fire when working in enterprises engaged in the processing of flammable materials, observance of special neatness when working in enterprises that manufacture food products, etc.);

c)                   on the limits and procedure for liability for violation of those specified in cl. “A” and “b” responsibilities.

125.  Supervision over the implementation of internal regulations is entrusted to the responsible leaders of these institutions in Soviet institutions.

126.  Supervision over the implementation of internal regulations in Soviet, nationalized, public and private enterprises and farms is assigned to the workersʹ self‐government bodies (factory committees, etc.).

Section IX. On labor protection.

127.  The labor inspectorate, technical inspectors and representatives of sanitary supervision are responsible for the protection of life, health and labor of persons engaged in any economic activity.

128.  The Labor Inspectorate is under the jurisdiction of the Peopleʹs Commissariat of Labor and its local bodies (Labor Departments) and is composed of elected Labor Inspectors (Inspectors).

129.  Inspectors (Inspectors) of Labor are elected by the Councils of Trade Unions.

Note I of . The procedure for electing Labor Inspectors (Inspectors) is determined by the Peopleʹs Commissariat of Labor.

Note II . In the absence of the Council of Trade Unions in the region, the local Labor Department convenes a conference from representatives of professional organizations, which elects the Inspectors (Inspectors) of Labor.

130.  The bodies of the Labor Inspectorate carry out the tasks assigned to them to protect the life and health of workers, overseeing the implementation of the provisions of this Code, decrees, instructions, orders and other acts of Soviet power aimed at protecting the life and health of the working masses.

131.  For the implementation of those specified in Art. 130 goals of the

Labor Inspectorate:


 

a)                   visit at any time of the day or night all the industrial establishments of their area and all the places where work takes place, as well as all establishments for workers existing at the establishment (apartments, hospitals, nurseries, baths, etc.);

b)                  demand from the managers of enterprises and farms, and in enterprises and farms where elected bodies of workers (factory committees, etc.) take part in management, then from these bodies explanations, the presentation of all the necessary books, documents, and information ;

c)                   involve in work on supervision representatives of elected organizations of employees, as well as officials of the administration

(managers, foremen, caretakers, foremen, etc.);

d)                  bring to criminal responsibility for failure to comply with the provisions of this Code, decrees, instructions, orders and other acts of the Soviet power aimed at protecting the life and health of workers;

e)                   take part in the work of trade unions and factory committees in order to clarify working conditions both in individual enterprises and in entire industries.

132.             In addition to the measures specified in the previous article, the Labor Inspectorate has the right to take emergency measures to eliminate conditions that threaten the life and health of workers, even if the adoption of these measures was not provided for by a special law or decree, instruction, or order of the Peopleʹs Commissariat of Labor or local Department of Labor.

Note . The bodies of the Labor Inspectorate shall immediately notify the local Labor Department on the emergency measures taken in the manner specified in this article to protect the life and health of workers, on which it depends to maintain or cancel their order.

133.             Detailed regulations on the scope and procedure for the activities of the Labor Inspectorate are established by instructions and orders issued by the Peopleʹs Commissariat of Labor.

134.             Supervision over the exact application and execution of orders, rules and mandatory safety regulations belongs to technical inspectors.

135.             Technical inspectors from among specialist technicians are appointed by the local Labor Departments and, within their competence, perform all the duties prescribed by Article 131 of this Code to Labor Inspectors.

136.             Technical inspectors in their activities are guided, in addition to the general decrees, orders and instructions of the Peopleʹs Commissariat of Labor, also instructions emanating from the technical subdivision of the local Labor Department.

137.             Activities of sanitary supervision bodies Determined by the instructions emanating from the Peopleʹs Commissariat of Health, in agreement with the Peopleʹs Commissariat of Labor.

Appendix to Art. 5th.

Rules on the procedure for establishing incapacity for work.

1)                   Disability of persons is established by: examination carried out by the Bureau of Medical Expertise at the city‐wide district and regional general insurance funds, as well as at the accident insurance offices, or at institutions replacing them.

Note . If it is impossible to establish the Bureau of Medical Examination with the appropriate insurance fund, the Bureau of

Examination may be formed under the Medical and Sanitary Department of the Local Council of Deputies, but in its activities it must be guided by the general instructions and instructions of insurance funds.

2)                   The Bureau of Expertise includes: a) medical specialists, including at least 3, b) representatives of the board of the fund, c) sanitary technicians appointed by the board of the fund, d) representatives of trade unions.

Note . Specialist doctors who are part of the Bureau of Expertise are invited by the health department of the fund, in agreement with the board of the fund, mainly from among the doctors of the sickness funds, and are approved by the delegate meeting of the fund.

3)                   During the examination, the meeting of the medical commission may be attended by those from whom the petition for examination proceeds.

4)                   A case on the establishment of incapacity for work may be initiated by any person and institution.

5)                   Applications for certification are submitted to the relevant insurance office at the place of residence of the person, for whose certification the application was filed.

6)                   The examination is carried out in a specially designated room of the relevant insurance fund.

Note . If the delivery of the person subject to examination to the premises of the insurance fund, in view of his painful condition, is considered inconvenient, the examination is carried out at the place of residence of the person being witnessed.

7)                   The respective insurance fund shall notify each person, subject to examination at this meeting of the Expertise Bureau, about the day, hour and place of the meeting of the Bureau of Medical Expertise.

8)                   The Bureau of Medical Examination is provided, during the examination, to use all the techniques adopted in medicine to establish the fact of disability.

9)                   A detailed protocol is kept at the meeting of the Bureau of Medical Expertise, and an act is drawn up on the results of the examination, signed by all members of the Bureau.

10)               The Bureau of Medical Examination issues a certificate to those who have been examined and recognized as disabled.

Note . A copy of the issued certificate remains with the Bureau.

11)               Both the act and the certificate must indicate whether the disability is permanent or temporary. If the loss of ability to work is temporary, then the act and the certificate must contain an indication of the time frame for the secondary re‐examination.

12)               In cases of recognition of disability, the relevant insurance fund notifies the Social Security Department of the local Council of Deputies about the recognition, indicating the name, surname, place of residence of the person who lost the ability to work, and the nature of the loss of ability to work (temporary or permanent disability).

13)               The decision of the Bureau of Expertise on the recognition or nonrecognition of the disability may be appealed by interested persons to the Peopleʹs Commissariat of Health.

14)               It depends on the Peopleʹs Commissariat of Health to leave the complaint without Consequences or to order the re‐examination of the person in the new composition of the Bureau of Expertise.

15)               The decision of the Bureau of Expertise in the new composition is considered final and is not subject to further appeal.

16)               Re‐examination for recognition of restoration of working capacity is carried out in the same manner as the initial examination and in compliance with the provisions of the articles of these rules.

17)               The expertise of the insured is carried out at the expense of the respective insurance fund. The cost of the examination of the uninsured is borne by the respective enterprise, institution or household.

18)               The Peopleʹs Commissariat of Labor is provided, as necessary, to amend and supplement these rules on the procedure for certification of incapacity for work.

Appendix to Art. 78th.

Rules for the granting of benefits to workers during their illness.

1.  Every worker, during his illness, receives benefits and medical assistance from the local health insurance fund to which he is a member.

Note I of . You can only be a member of one health insurance fund at a time.

Note II . A person who falls ill outside the area of operation of the local health insurance fund to which he is a member receives an allowance from the local health insurance fund in the area of operation of which he lives during the illness, but all costs are borne by the fund to which the person is a member.

2.  Sickness benefits are issued by the health insurance funds from the first day of illness of a member of the fund until the day of recovery, excluding the days on which he worked and, therefore, received remuneration from the company, institution or household of which he is an employee.

3.  Benefits in the event of illness shall be issued in the amount of the remuneration established for the worker of the respective group and category.

Note I of . The group and category are assigned by the local health insurance through the Labor Distribution Department and the trade unions.

Note II . The amount of benefits for pregnant women and women in labor is established by special decrees of the Peopleʹs Commissariat of Labor.

Note III . The Peopleʹs Commissariat of Labor is granted, in especially exceptional cases, to reduce the amount of benefits issued to the limits of the subsistence minimum established for a given locality.

4.  In addition to cash benefits, the health insurance funds provide free of charge to sick members of the funds and medical assistance in all types (initial care, outpatient treatment, home treatment, sanitary and spa treatment, etc.).

Note . To provide medical care, any local health insurance fund, independently, or in conjunction with other local health funds, may establish and maintain its own outpatient clinics, emergency rooms, hospitals, etc., as well as enter into agreements with individual doctors and institutions.

5.  Funds of local health insurance funds are formed:

a)   from contributions from enterprises, institutions and farms, indifferently Soviet, public or private, using someone elseʹs labor for remuneration;

b)  from penalties for late contributions;

c)   from income from the property of the cash desk;

d)  from random receipts.

Note . The local health insurance funds form a single health insurance fund.

6.                   The amount of contributions to local sickness funds from enterprises, institutions and farms that use other peopleʹs labor for remuneration is periodically determined by the Peopleʹs Commissariat of Labor.

Note I. If the aforementioned contributions are not received by the date specified by the local health insurance funds, they are enforced by the local Labor Department, and in addition to the principal amount, a penalty is charged to the health insurance fund in the amount of 10% of the unpaid amount.

Note II . If the delay in the payment of contributions was due to the fault of the responsible managers of the overdue enterprise, institution or economy, then the penalty is collected from the personal funds of these latter.

7.                   The decisions of the health insurance funds can be appealed against to the Labor Department within two weeks.

The decisions of the Labor Departments are final and not subject to further appeal.

8.                   The Peopleʹs Commissariat of Labor is granted, as necessary, to amend and supplement these rules on the granting of benefits to workers during their illness.

Appendix to Art. 79th.

Rules on the unemployed and on the granting of benefits to them.

1.     An unemployed person shall be recognized as any citizen of the Federal Soviet Republic who is obligated to labor service, registered with the local Labor Distribution Department, as having no work in his specialty and for the remuneration set in the relevant tariff.

2.     The unemployed are also equated: a) those who have received a job that lasts no more than two weeks (Article 25 of this Code), b) those who have received a job not in their specialty and fill it temporarily, until they receive work in their specialty (Article 29 and 30 of this Code).

3.     The rights of the unemployed are not enjoyed by: a) persons, contrary to the provisions of Art. 1, 24 and 29 of this Code, evading labor service and not accepting the work provided to them; b) persons who are not registered with the local Labor Distribution Department as unemployed (Art. 21 of the Code); c) persons who voluntarily left work, within the period established in Art. 53rd of the Code.

4.     All specified in Art. 1 and 2 of these rules, persons have the right to provide them with permanent (for a period exceeding 2 weeks) work in their specialty, in the order of the queue established for each specialty in the lists of the Labor Distribution Department.

5.     The persons referred to in art. 1 and p. ”B” Art. 2 nd of these rules are entitled to benefits from the local unemployed fund.

6.     Benefit to the unemployed specified in art. 1 of these rules, is issued in full amount of remuneration due to them, as workers entered by the rate commission in a certain group and category established by the relevant tariff (Art. 61).

Note . The Peopleʹs Commissariat of Labor is granted, in especially exceptional cases, to reduce the amount of benefits given to the unemployed to the limits of the subsistence minimum established for the given locality.

7.     Allowance to workers who do not work in their specialty (paragraph “b” of Article 2 of these rules) is issued in the amount of the difference between the remuneration due to them, as workers, included in a certain group and category, and the remuneration actually received by them, if the latter is less than the first.

8.     An unemployed person wishing to exercise the right to benefits, submits an application to the local unemployment fund, attaching to it: a) a registration card of the local Labor Distribution Department and b) a certificate of the rate commission on his enrollment in a certain group and category of workers.

9.     The granting of benefits should be preceded by a check of the cash unemployment and its grounds and the establishment of the fact that the unemployed person belongs to a particular group and category. Verification is carried out by the local unemployment fund, with the assistance of the Labor Distribution Department and the relevant trade union.

10.  If there are valid reasons, the local unemployed fund may refuse to issue benefits to the applicant.

11.  The local unemployed fund is obliged to inform the applicant about the refusal to issue benefits within three days from the date of receipt of the application.

12.  Decisions of the local unemployed fund may be appealed by interested persons within two weeks to the local Labor Department, and decisions of the local Labor Department ‐ to the regional Labor Department. The decisions of the regional Department of Labor are final and not subject to further appeal.

13.  The issuance of benefits to the unemployed begins not earlier than the actual leaving of work and not later than the fourth day of unemployment.

14.  Benefits are issued from the unemployed insurance fund.

15.  The insurance fund for the unemployed is formed: a) from contributions made by all enterprises, institutions and persons who use other peopleʹs labor for remuneration, b) from penalties and fines imposed for late contributions, c) from random receipts.

16.  The amount and order of collection specified in Art. 15 of these rules, fees, penalties and fines are established annually by a special decree of the Peopleʹs Commissariat of Labor.

Appendix to Art. 80th.

Rules for workbooks.

1.  All able‐bodied citizens of the Russian Socialist Federal Soviet Republic, when enrolled by the rate commissions of trade unions in a certain group or category (Art. 61 of the Code), receive free workbooks.

Note . The form of workbooks is developed by the Peopleʹs Commissariat of Labor.

2.  Each worker, upon entering a job in an enterprise, institution or farm that uses someone elseʹs labor in the form of organized cooperation, presents his workbook to the management bodies of the enterprise, institution, or farm, and upon joining a private person ‐ to this latter.

Note . A copy of the workbook must be kept by the management bodies of the enterprise, institution, or economy where the worker is currently using his labor, or by a private person for whom the worker works.

3.  All work performed by the worker (during a normal working day, piecework, overtime) and all amounts received by him as a worker (remuneration in money or in kind, benefits from the unemployed fund or from the sickness fund) must be entered in the work book.

Note . The workbook should also record the periods of vacations, the time of absenteeism and illness, as well as penalties imposed on the worker during and in connection with his labor activity.

4.  Each entry in the workbook must be dated and signed by the person who entered it in the book, and by the worker (if he is literate), who by his signature certifies the correctness of the record.

5.  The workbook indicates:

a)  name, surname and time of birth of the owner of the book;

b) the name and address of the trade union to which the worker belongs;

c)  the group and category in which the worker is enrolled by the rate commission.

6.                   When a worker is dismissed, the workbook is by no means taken away from him.

When replacing an old book with a new one, the old book must be left with the worker.

7.                   If a worker loses his workbook, he must be issued another one with the renewal of all the entries in the lost book, but in this case, a fee may be charged from the lost book in the amount established by the internal regulations.

8.                   The worker is obliged to present his work record book upon request:

a)   the authorized bodies of the enterprise, institution or economy where he works;

b)  Division of Labor Distribution;

c)   trade union;

d)  bodies of labor control and labor protection;

e)   insurance funds or bodies replacing them.

Appendix to Art. 104th.

Rules for weekly rest and holidays.

1.  In all branches of labor, a day of weekly rest is established.

2.  The day of weekly rest is determined by the Peopleʹs Commissariat of Labor in agreement with the Supreme Council of the National

Economy and the All‐Russian Council of Trade Unions.

3.  About the established, specified in Art. 2 nd of these rules, the order, days of rest, the Peopleʹs Commissariat of Labor publishes in the ʺNews of the All‐Russian Central Executive Committee of Sovietsʺ, in the Collection of Legalizations and Orders of the Workers ʹand Peasantsʹ Government.

4.  Observance of the established weekly rest days is mandatory for all workers, except those employed in those specified in Art. 6 of these rules, enterprises, according to the local Department of Labor, by agreement with the local Council of Trade Unions, depending on the special local conditions and the composition of the population, are given to establish other days of rest for individual localities and for individual enterprises or groups.

5.  When establishing a day of rest for workers in institutions and trade enterprises, the workers of each branch of trade are divided into groups and for each group a special weekly day of rest that does not coincide with the day of rest of the other group is established.

6.  In enterprises whose activities are continuous by their nature, work may be carried out on generally established days of rest, and instead of the generally established days of rest, special days off are determined for each group of workers.

Note . The procedure for using days off is established by those specified in Art. 4 th of these rules by institutions.

7.  The production of work is prohibited on the following holidays dedicated to the memories of historical and social events:

a)   January 1 ‐ New Year;

b)  January 22 ‐ January 9, 1905;

c)   March 12 ‐ the overthrow of the autocracy;

d)  March 19 ‐ the day of the Paris Commune;

e)   May 1 ‐ International Day;

f)    November 7 ‐ the day of the Proletarian Revolution.

8. Local Councils of Trade Unions, with the consent of the Peopleʹs Commissariat of Labor, may establish, in addition to the above, special days of rest, but not more than 10 days a year, coordinating these days of rest with the usual holidays for the majority of the population of the area, publishing them in advance for general information, with the indispensable condition, however, that such days of rest are not paid.

Signed by: Chairman of the All‐Russian Central Executive Committee of Soviets Y. Sverdlov .

Secretary V. Avanesov .