The Concept of Labour Protection in Russia and Germany: Comparative Aspect

Abstract

The article considers theoretical issues of labor protection in the Russian Federation and in Federal Republic of Germany. The analysis of different perspectives on the concept and content of labor protection in broad and narrow sense, the protection of labor as a social phenomenon and as a comprehensive legal education, but also as an institution of labor law. Based on the wording of the labour protection, provided by Article 209 of the Labour Code, the conclusion is justified that, under the protection of labour the institute of labour law should be understood a body of rules of labour law, aimed at preserving the life and health of employees in the workplace. It is proved that in General, the norms of labour law that make up the Institute of protection, fix: 1) the basic functions of the state in the field of labor protection; 2) requirements to labour protection; 3) rights and obligations of the parties to the employment relationship in the field of labor protection; 4) guarantee the right of workers to labor in conditions meeting the requirements of labor protection; 5) system and legal status bodies of management and control over labor protection; 6) a system of guarantees of the rights of workers on labour protection. These issues are addressed in a comparative perspective in Russia and in Germany. Thus it is proved that the German law considers occupational health as a system of measures aimed at ensuring the safety and health of workers. The article analyzes the following components of labour protection in Germany: general labor protection; social protection of labour; technical labour protection; medical protection of labour. The author formulates a conclusion that the concept of labour protection in German law is broader than in Russia, because it includes (in addition to the components related to the actual labor protection), measures to establish a reasonable mode of work, regulation of working time and rest time.