Marina Buyanova1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

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

2016. No. 4. P. 198–204 [issue contents]
The article considers theoretical issues of labor protection in the Russian Federation and in FederalRepublic of Germany. The analysis of different perspectives on the concept and content of laborprotection in broad and narrow sense, the protection of labor as a social phenomenon and as acomprehensive legal education, but also as an institution of labor law. Based on the wording of thelabour protection, provided by Article 209 of the Labour Code, the conclusion is justified that, underthe 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 statein the field of labor protection; 2) requirements to labour protection; 3) rights and obligations of theparties to the employment relationship in the field of labor protection; 4) guarantee the right of workersto labor in conditions meeting the requirements of labor protection; 5) system and legal statusbodies of management and control over labor protection; 6) a system of guarantees of the rights ofworkers on labour protection. These issues are addressed in a comparative perspective in Russiaand in Germany. Thus it is proved that the German law considers occupational health as a systemof measures aimed at ensuring the safety and health of workers. The article analyzes the followingcomponents of labour protection in Germany: general labor protection; social protection of labour;technical labour protection; medical protection of labour. The author formulates a conclusion thatthe concept of labour protection in German law is broader than in Russia, because it includes (in additionto the components related to the actual labor protection), measures to establish a reasonablemode of work, regulation of working time and rest time.
Citation: Buyanova M. (2016) Ponyatie okhrany truda v Rossiii Germanii: sravnitel'nyy aspekt [The Concept of Labout Protection in Russia and Germany: Comparative Aspect]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 198-204 (in Russian)
Rambler's Top100 rss