Problems of Legal Regulation Features Labor of Persons Working in Microenterprises and Non-Profit Organizations

In the article for the first time in the science of labour law is conducted the study provided for in chapter 48.1. the Labour Code of the Russian Federation of the rights of employers classified as micro-enterprises and employers as non-profit organizations to renounce, in whole or in part, the adoption of local regulations containing labour law, to determine whether it is lawful to enshrine it in labour legislation. Since this chapter provides for the regulation of the work of persons employed by the employers noted, the author still refers to Article. 251 and 252 the Labour Code of the Russian Federation , which is of a general nature, in connection with which they extrapolate to all the norms of section XII of the Labour Code of the Russian Federation, the study of which made it clear that the legislator provided for himself the possibility without any involvementEstablish, for any category of workers, specific regulations governing the work of employees, which may even entail a reduction in the level of guarantees of their labour rights. This unrestricted right is contrary to the stated objectives of the labour legislation in Art. 1 of the Labour Code of the Russian Federation, which requires that Art. 252 RF TC in accordance with them, in connection with which the work proposes measures aimed at its improvement. Further analysis of the rules of the said article revealed that the above-mentioned law illegally excludes commercial bodies operating in microenterprises and non-profit organizations from participation in the adoption of local acts, excludes them from the exercise of representation and protection of the labour rights of employees in the establishment of local working conditions, deprives them of the opportunity to realize the rights enshrined in article 21 The Labour Code of the Russian Federation has the right to participate in the management of the organization, and therefore the author proposes to delete chapter 48.1. from the codified labour act.