Елена Самтынова
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Соответствующим законопроектом Минтруда России предлагается1 систематизировать содержащиеся в трудовом законодательстве обязательные требования в целях регулирования трудовых отношений и иных непосредственно связанных с ними отношений. В связи с чем Трудовой кодекс планируется дополнить разделом ХII.1, в котором будут прописаны понятие и порядок установления обязательных требований в сфере труда, порядок их изменения и отмены, перечень обязательных требований применительно ко всем институтам трудового законодательства.
Согласно законопроекту под обязательными требованиями в сфере труда понимаются установленные трудовым законодательством и иными нормативными правовыми актами требования, которые связаны с осуществлением деятельности работодателем, оценка соблюдения которых осуществляется в рамках госконтроля (надзора) за соблюдением трудового законодательства и иных актов, привлечения к административной ответственности, предоставления аккредитации, иных форм оценки и экспертизы.
В перечне обязательных требований в сфере труда перечисляются акты, которыми такие требования устанавливаются, изменяются и отменяются, в их число входят: ТК РФ, иные федеральные законы и законы субъектов РФ, содержащие нормы трудового права, указы Президента РФ, постановления Правительства РФ, акты федеральных органов исполнительной власти и органов исполнительной власти субъектов РФ, муниципальные правовые акты. Обязательные требования в сфере труда должны также соответствовать международным обязательствам РФ, содержащимся в международных договорах РФ, решениях международных организаций, международных конференций, имеющих обязательный характер для России.
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Законопроект предусматривает, что проекты нормативных правовых актов, устанавливающие, изменяющие или отменяющие обязательные требования в сфере труда, направляются на рассмотрение в Российскую трехстороннюю комиссию по регулированию социально-трудовых отношений (профессиональным союзам работников и объединениям работодателей).
Кроме того, предусматривается применение обязательных требований в сфере труда, установленных правовыми актами СССР и РСФСР, в части не противоречащей законодательству РФ.
Общественное обсуждение законопроекта завершится 16 сентября.
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1 С текстом законопроекта «О внесении изменений в Трудовой кодекс Российской Федерации (в части систематизации обязательных требований в сфере трудовых отношений и нормативного правового регулирования трудовых отношений)» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 01/05/09-20/00107810).
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