The Labor Laws of Soviet Russia - Article 2 to 5
ARTICLE II
The Right to Work
1. All citizens able to work have the right to employment at their vocations and for remuneration fixed for such class of work.
Note. The District Exchange Bureau of the Division of Labor Distribution may, by agreement with the respective labor bodies, assign individual workers or groups of them to work at other trades if there is no demand for labor
in the vocations of the persons in question.
2. The right to work belongs first of all to those who are subject to compulsory labor.
3. Of the classes exempt from compulsory labor, only those mentioned in subdivision "b" of section 2 shall have the right to work.
4. Those mentioned in subdivisions " a" and "c" of section 2 shall absolutely have no right to work, and those mentioned in section 3 shall temporarily have no right to work.
5. All persons of the female sex and those of the male sex under 18 years of age, shall have no right to work during night time or in those branches of industry where the conditions of labor are especially hard or dangerous.
Note. A list of especially hard and health-endangering occupations shall he prepared by the Division of Labor Protection of the People's Commissariat of Labor, and shall be published in the month of January of each year in the Compilation of Laws all Regulations of the Workmen's and Peasants' Government.
ARTICLE III
Methods of Labor Distribution
6. The enforcement of the right to work shall be secured through the Division of Labor Distribution, through trade unions, and through all the institutions of the Russian Socialist Federal Soviet Republic.
7. The assignment of workers to work shall be effected through the Division of Labor Distribution.
8. A worker may be summoned to work, save by the Division of Labor Distribution, only when chosen for a position by a Soviet institution or enterprise.
9. Vacancies may be filled by election when the work offered requires political reliability or unusual special knowledge, for which the person elected is noted.
10. Persons engaged for work by election must register with the Division of Labor Distribution before they are accepted, but they shall not be subject to the rules concerning probation which are set forth in Article IV of the present Code.
11. Unemployed persons shall be registered to work through the Division of Labor Distribution in the manner stated in sections 21 to 30.
12. A worker who is not engaged in work at his vocation shall register with the local Division of Labor Distribution as unemployed.
13. Establishments and individuals in need of workers shall apply to the local Division of Labor Distribution or its division (Correspondence Bureau) stating the condition of the work offered as well as the requirements which the workmen must meet (trade, knowledge, experience).
14. The Division of Labor Distribution on receipt of the application mentioned in section 22, shall assign the persons meeting the requirements thereof in the order determined by the same.
15. An unemployed person has no right to refuse an offer to work at his vocation, provided the working conditions conform with standards fixed by the respective scale regulations, or in the absence of the same by the trade unions.
16. A worker assigned to work for a period of not more than two weeks, shall be considered unemployed, and shall not lose his place on the list of the Division of Labor Distribution.
17. Should the local Division of Labor Distribution have no workers on its lists meeting the stated requirements, the application shall be immediately sent to the District Exchange Bureau, and the establishment or individual offering the employment shall be simultaneously notified to this effect.
18. Whenever workers are required for work outside of their district, a roll-call of the unemployed registered with the Division of Labor Distribution shall take place, to ascertain who are willing to go; if a sufficient number of such should not be found, the Division of Labor Dis tribution shall assign the lacking number from among the unemployed in the order of their registration, provided that those who have dependents must not be thus assigned be fore single persons.
19. If in the Division of Labor Distribution, within the limits of the district, there be no workmen meeting the requirements, the District Exchange Bureau has the right, upon agreement with the respective trade union, to send unemployed from another class approaching as nearly as possible the trade required.
20. An unemployed person who is offered work outside his vocation shall he obliged to accept it, with the understanding, if he so desires, that this be only temporary, until he receives work at his vocation.
21. A worker who is working outside his vocation, and who has expressed the desire that this be only temporary, shall retain his place on the register of the Division of Labor Distribution until he secures work at his vocation.
22. Private individuals violating the rules of labor distribution set forth in this article shall be punished, by order of the local board of the Division of Labor Distribution, by a fine of not less than 300 rubles or by arrest for not less than one week. Soviet establishments and officials violating these rules of labor distribution shall be liable to prosecution for malfeasance in office.
ARTICLE IV
Probation Period
23. Final acceptance of workers for permanent employment shall be preceded by a period of probation of not more than six days; in Soviet institutions the probation period shall be two weeks for unskilled and Jess responsible work and one month for skilled and responsible work.
24. According to the results of the probation the worker shall either be given a permanent appointment, or rejected with payment for the period of probation in accordance with the scale rates.
25. The results of the probation (acceptance or rejection) shall be immediately communicated to the Division of Labor Distribution.
26. Up to the expiration of the probation period, the worker shall be considered as unemployed, and shall retain his place on the eligible list of the Division of Labor Distribution.
27. A person who, after probation, has been rejected, may appeal from this decision to the union of which he is a member.
28. If the trade union deems the appeal mentioned in the preceding section justified, it shall enter into negotiations with the establishment or person who has rejected the worker, with the request that the complainant be accepted.
29. In case of failure of the negotiations mentioned in section 37, the matter shall submitted to the local Department of Labor, whose decision shall be final and subject to no further appeal.
30. The Department of Labor may demand that the person or establishment who has without sufficient reason rejected a worker provide the latter with work. Further more, it may demand that the said person or establishment compensate the work er according to the scale rates for time lost between his rejection and final acceptance pursuant to the decision of the Department of Labor.
ARTICLE V
Transfer and Discharge of Workers
31. Transfer of workers in all enterprises, establishments, or institutions employing paid labor is allowed only if required in the interest of the business and by the decision of the proper organ of management.
Note. This rule does not apply to work with private individuals employing paid labor, if the work is of the character mentioned in subdivisions "b" and "c" of Section 6.
32. The transfer of a worker to other work within the enterprise, establishment or institution where he is employed may be ordered by the management of said enterprise, establishment or institution.
33. The transfer of a worker to another enterprise, establishment or institution situated in the same or in an other locality, may be ordered by the corresponding organ of management with the consent of the Division of Labor Distribution.
34. The order of the management for the trans£er of a worker in accordance with Section 40 may be appealed from to the proper Department of Labor (local or district) by the interested individuals or organizations.
35. The decision of the Department of Labor in the matter of the transfer of a worker may be appealed from by the interested parties to the District Department of Labor or to the People's Commissariat of Labor, whose decision in the matter in dispute is final and not subject to further appeal.
36. In case of urgent public work the District Department of Labor may in agreement with the respective labor bodies and with the approval of the People's Commissariat of Labor, order the transfer of a whole group of workers from the organization where they are employed to another organization in the same or in a different locality, provided a sufficient number of volunteers for such work cannot be found.
37. The discharge of workers from an enterprise, establishment or institution where they have been employed is permissible in the following cases:
(a) In case of complete or partial liquidation of the enterprise, establishment or institution, or of cancellation of specific orders or work;
(b) Upon the expiration of the term of employment or completion of the job, if the work was of a temporary character;
(c) In case of evident unfitness for work, by special decision of the management and subject to agreement with the respective trade unions;
(d) By request of the worker.
38. The management of the enterprise, establishment or institution where a worker is employed, or the person for whom a worker is working must give the worker two weeks' notice of the proposed discharge, for the reasons stated in subdivisions "a," "b" and "c" of section 46, notifying simultaneously the local Division of Labor Distribution.
39. A worker discharged for the reasons stated in subdivisions "a," "b" and "c" of section 46 shall be considered unemployed from the date of the notice of discharge and entered as such on the lists of the Division of Labor Distribution and shall continue to perform his work until the expiration of the term of two weeks mentioned in the preceding section.
40. The order to discharge an employee for the reasons stated in subdivisions "a," "b" and "c" of Section 46 may be appealed from by the interested persons to the Local Department of Labor.
41. The decision of the Local Department of Labor in the matter of discharge may be appealed from by either party to the District Department of Labor, whose decision on the question in dispute is final and not subject to further appeal.
42. Voluntary resignation by the worker (Section 46, subdivision "d") from an enterprise, establishment or institution must be preceded by an examination of the rea sons for the resignation by the respective organ of workmen's self-government ( works and kindred committees).
Note. This rule does not apply to the resignation of a worker employed by an individual, if the work is of the character mentioned in subdivisions "b" and "c" of Section 6.
43. If the organ of workers' self-government (works or kindred committee) after investigating the reasons for the resignation finds the same unjustified, the worker must remain at work, but may appeal from the decision of the committee to the proper trade union.
44. A worker who quits work contrary to the decision of the Committee made pursuant to Section 52, shall forfeit for one week the right to register with the Division of Labor Distribution.
Institutions and persons employing paid labor shall, whenever a worker quits work, inform thereof the Local Division of Labor Distribution and the trade union of which the worker is a member, stating the date and the reason.
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