Problems of differentiation in the codes of labor laws of the RSFSR and the Labor Code of the Russian Federation

Abstract

The article addresses the problem of codification of special labor law norms, justifies the importance of their consolidation in the sectoral code. The domestic historical experience of codification through the prism of differentiation is investigated. Trends in the differentiation of legal regulation of labor relations in the modern period are analyzed. The shortcomings of the Labor Code of the Russian Federation in terms of labor regulation of certain categories of employees are shown, options for solving this problem are considered. The need for differentiation in a codified act of labor law is due to the nature of labor in certain areas, as well as the special concern of the state for certain groups of employees. The Code is the main sectoral act, it must contain special norms in order to meet the requirements of completeness and consistency. In the four Russian labor codes, the issue of differentiation was resolved in different ways. With each new codification, the legislator, relying on the experience gained, approached this issue more consistently, while there was also a «field» for criticism. The task of optimal construction of special labor and legal norms is also relevant for the Labor Code of the Russian Federation, in modern conditions the relevance increases due to the increase in atypical employment. It is important, retaining in the codified act a special chapter on the features of labor, to establish uniform approaches to its regulation in relation to the main professional groups and spheres. At the same time, it is inappropriate to reflect in the code the features of labor affecting the specialization of a particular profession, turning the act of codification into a collection of instructions. The legislator should also consider the issue of consolidation in art. 2 of the Labor Code of the Russian Federation, devoted to the principles of legal regulation of labor relations, the principle of differentiation.