The Labor Laws of Soviet Russia - Article 6 to 9
ARTICLE VI
Remuneration of Labor
55. The remuneration of workers in enterprises, establishments and institutions employing paid labor, and the particular conditions and manner of payment shall be fixed by scales worked out for each kind of labor in the manner described in Sections 7 to 9 of the present Code.
56. In fixing the scale standards the institutions which
work out the same must not deviate from the provisions of this article of the Code of Labor Laws.
57. The institutions which work out the scales, shall, in fixing the rates of remuneration, divide all the workers into groups and categories and a definite standard of remuneration shall be fixed for each of them.
58. The standard of remuneration fixed by the scale rates must be at least sufficient to provide for the minimum living expenses as deter mined by the People's Commissariat of Labor for each district of the Russian Socialist Federal Soviet Republic and published in the Compilation of Laws and Regulations of the Workmen's and Peasants' Government.
59. In determining the standard of remuneration for each group and category attention shall be given to the kind of labor, the danger of the conditions under which the work is perform ed, the complexity and accuracy of the work, the degree of independence and responsibility as well as the standard of education and experience required for the performance of the work.
60. The remuneration of each work er shall be determined by his classification in a definite group and category.
61. Th e classification of workers into groups and categories within each branch of labor shall be made by special valuation commissions, local and central, established by the respective trade unions.
Note. The procedure of valuation commissions shall be determined by the People's Commissariat of Labor.
62. The scale rules shall fix the rates of remuneration for a normal working day or for piece work, and shall also specify the remuneration for overtime work.
63. Remuneration for piece work shall be computed by dividing the daily scale rate by the number of pieces constituting the production standard.
64. The standard of remuneration fixed for overtime work shall not exceed time and a half of the normal remuneration.
65. Excepting the remuneration paid for overtime work done in the same or in a different branch of labor, no supplementary remuneration in excess of the standard fixed for a given group and category shall be permitted, irrespective of the pretext and form under which it might be offered and whether it be paid in only one or in several places of employment.
66. Persons working in several places must state in which place of employment they desire to receive their pay.
67. Any person receiving supplementary remuneration, in violation of Section 65, shall be liable to criminal prosecution for fraud, and the remuneration received in excess of the standard shall be deducted from subsequent payments to such person.
68. From the remuneration of the worker may be deducted the supplementary remuneration received in violation of Section 65, and the remuneration earned by the worker during his vacation (Section III) ; deduction may also be made for absence from work.
69. No other deductions, except those mentioned in Section 68, shall be permitted irrespective of the form or pretext under which they might be made.
70. Payment of remuneration must not be made in advance.
71. If the work is of a permanent nature, payment for the same must be made periodically, at least once in every fortnight. Remuneration for temporary work and for special jobs, if the same continue less than two weeks, shall be paid immediately after the work has been completed.
72. Payments shall be made in money or in kind (lodgings, food supplies, or other articles).
73. To make payments in kind special permission must be obtained from the Local Department of Labor which shall determine the rates jointly with the respective trade unions.
Note. The rates thus determined must be based on the standard prices fixed by the respective institutions of the Soviet authority (valuation commission of the Food Commissariat and the Land and Housing Department, Price Committees, etc.).
74. Payment must be made during working hours.
75. Payments must be made at the place of work.
76. The worker shall he paid only for actual work done. If a cessation of work is caused during the working day by circumstances beyond the control of the worker ( through accident or through the fault of the administration), he shall be paid for the time lost, on the basis of the daily scale rates, if he be employed on time work, or on the basis of his average daily earnings if he be employed on piece work.
77. A worker shall be paid his wage during leave of absence (Sections 106-107).
78. During illness of a worker the remuneration due him shall he paid as a subsidy from the hospital fund.
Note. The manner of payment of the subsidy is fixed by rules appended hereto (page 39).
79. Unemployed shall receive a subsidy out of the fund for unemployed.
Note. Rules concerning unemployed and the payment of subsidies to them are appended hereto (page 41).
80. Every worker must have a labor booklet in which all matters pertaining to the work done by him, as well as the payments and subsidies received by him, are to be entered.
Note. Rules regarding labor booklets are appended hereto (page 44).
ARTICLE VII
Working Hours
81. Working hours shall be regulated by rules made for each kind of labor, in the manner described in Sections 7 to 9 of the present Code.
82. The rules relating to working hours must conform with the provisions of this article of the Code of Labor Laws.
83. A normal working day shall mean the time fixed by the scale regulations for the production of a certain amount of work.
84. The duration of a normal working day must in no case exceed eight hours for day work and seven hours for night work.
85. The duration of a normal day must not exceed six hours: (a) for persons under 18 years of age, and (b) in especially hard or health-endangering branches of industry (note to Section 14 of the present Code).
86. During the normal working day time must be al lowed for meals and for rest.
87. During recess machines, beltings and lathes must be stopped, unless this be impossible owing to technical conditions or in cases where these machines, belting, etc., serve for ventilations, drainage, lighting, etc.
88. The time of recess fixed by Section 86 is not included in the working hours.
89. The recess must take place not later than four hours after the beginning of the working day, and must continue not less than a half hour and not more than two hours.
Note. Additional intermissions every three hours, and for not less than a half hour, must be allowed for working women who are nursing children.
90. The wage earners may use their free time at their own discretion. They shall be allowed during recess to leave the place of work.
91. In case the nature of the work requires a working day in excess of the normal working day fixed for the given class of labor, two or more shifts may be engaged.
92. Where there are several shifts, each shift shall work the normal working day; the change of shifts must take place during the time fixed by the rules of the internal management without interfering with the normal course of work.
93. As a general rule, work in excess of the normal hours (overtime work) shall not be permitted.
94. Overtime work may be permitted in the following exceptional cases:
(a) Where the work is necessary for the prevention of a public calamity or in case the existence of the Government of the Russian Socialist Federal Soviet Republic or human life is endangered;
(b) In emergency public work connected with water supply, lighting, sewerage or transportation, in case of accident or extraordinary interruption of their regular operation;
(c) When work has to be completed which owing to unforeseen or accidental delay due to technical conditions of production could not be completed during the normal working hours, if leaving the work unfinished would cause damage to materials or machinery;
(d) On repairs or renewal of machine parts or construction work, wherever necessary to prevent stoppage of work by a considerable number of workers.
95. In the case described in subdivision "c" of Section 94, overtime work is permissible only with the consent of the respective trade unions.
96. For overtime work described in subdivision "d" of Section 94 permission must be obtained from the local labor inspection, in addition to the permit mentioned in the preceding section.
97. No females and no males under 18 years of age may do any overtime work.
98. The time spent on overtime work in the course of two consecutive days must not exceed 4 hours.
99. No overtime work shall be permitted to make up for a worker's tardiness in reporting at his place of work.
100. All overtime work done by a worker, as well as the remuneration received by him for the same, must be recorded in his labor booklet.
101. The total number of days on which overtime may be permitted in any enterprise, establishment or institution must not exceed 50 days per-annum, including such days when even one worker worked overtime.
102. Every enterprise, establishment or institution must keep a special record book for overtime work.
103. All workers must be allowed a weekly uninterrupted rest of not less than 42 hours.
104. No work shall be done on specially designated holidays.
Note. Rules concerning holidays and days of weekly rest are appended hereto.
105. On the eve of rest days the normal working day shall be reduced by two hours.
Note. This section shall not apply to institutions and enterprises where the working day does not exceed six hours.
106. Every worker who has worked without interruption not less than six months shall be entitled to leave of absence for two weeks, irrespective of whether he worked in only one or in several enterprises, establishments or institutions.
107. Every worker who has worked without interruption not less than a year shall be entitled to leave of absence for one month, irrespective of whether he worked in only one or in several enterprises, establishments or institutions.
Note. Sections 106 and 107 shall take effect beginning January 1, 1919.
108. Leave of absence may be granted during the whole year, provided that the same does not interfere with the normal course of work in the enterprise, establishment or institution.
109. The time and order in which leave of absence may be granted shall be determined by agreement between the management of the enterprise, establishment or institution and proper self-government bodies of the workers (works and kindred committees).
110. A worker shall not be at liberty to work for remuneration during his leave of absence.
Ill. The remuneration of a worker earned during his leave of absence shall be deducted from his regular wages.
112. The absence of a worker from work caused by special circumstances and permitted by the manager shall not be counted as leave of absence; the worker shall not be paid for the working hours lost in such cases.
ARTICLE VIII
Methods to Secure Efficiency of Labor
113. In order to secure efficiency of labor, every worker in an enterprise, establishment or institution (governmental, public or private) employing paid labor in the form of organized cooperation, as well as the administration of the enterprise, establishment or institution, shall strictly observe the rules of this article of the Code relative to standards of efficiency, output and rules of internal management.
114. Every worker must during a normal working day and under normal working conditions perform the standard amount of work fixed for the category and group in which he is enrolled.
Note. Normal conditions referred to in this section shall mean:
(a) Good condition of machines, lathes and accessories;
(b) Timely delivery of materials and tools necessary for the performance of the work;
(c) Good quality of materials and tools;
(d) Proper hygienic and sanitary equipment of the buildings where the work is performed (necessary lighting, heating, etc.).
115. The standard output for workers of each trade and of each group and category shall be fixed by valuation commissions of the respective trade unions (Section 61).
116. In determining the standard output the valuation commission shall take into consideration the quantity of products usually turned out in the course of a normal working day and under normal technical conditions by the workers of the particular trade, group and category.
117. The production standards of output adopted by the valuation commission must be approved by the proper Department of Labor jointly with the Council of National Economy.
118. A worker habitually producing less than the fixed standard may be transferred by decision of the proper valuation commission to other work in the same group and category, or to a lower group or category, with a corresponding reduction of wages.
Note. The worker may appeal from the decision to transfer him to a lower group or category with a reduction of wages, to the local Department of Labor and from the decision of the latter to the District Department of Labor, whose decision shall be final and not subject to further appeal.
119. If a worker's failure to maintain the standard output be due to lack of good faith and to negligence on his part, he may he discharged in the manner set forth in subdivision "c" of Section 46 without the two weeks' notice prescribed by Section 47.
120. The Supreme Council of National Economy jointly with the People's Commissariat of Labor may direct a general increase or decrease of the standards of efficiency and output for all workers and for all enterprises, establishments and institutions of a given district.
121. In addition to the regulation of the present article relative to standards of efficiency and output in enterprises, establishments and institutions, efficiency of labor shall be secured by rules of internal management.
122. The rules of internal management in Soviet institutions shall be made by the organs of Soviet authority with the approval of the People's Commissariat of Labor or its local departments.
123. The rules of internal management in industrial enterprises and establishments (Soviet, nationalized, private and public) shall be made by the trade unions and certi fied by the proper Departments of Labor.
124. The rules of internal management must include clear, precise, and, as far as possible, exhaustive directions in relation to-
(a) The general obligations of all workers (careful handling of all materials and tools, compliance with instructions of the managers regarding performance of work, observance of the fixed standard of working hours, etc.) ;
(b) The special duties of the workers of the particular branch of industry (careful handling of the fire in enterprises using inflammable materials, observance of special cleanliness in enterprises producing food products, etc.) ;
(c) The limit and manner of liability for breach of the duties mentioned above in subdivisions "a" and "h".
125. The enforcement of rules of internal management in Soviet institutions is entrusted to the responsible managers of these institutions.
126. The enforcement of the rules of internal management in industrial enterprises and establishments (Soviet, nationalized, public and private) is entrusted to the self government bodies of the workers (works or similar committees).
ARTICLE IX
Protection of Labor
127. . Protection of the life, health and labor of persons engaged in any economic activity is entrusted to the labor inspection, the technical inspectors and the representatives of sanitary inspection.
128. The labor inspection is under the jurisdiction of the People's Commissariat of Labor and its local branches (Departments of Labor) and is composed of elected labor inspectors.
129. Labor inspectors shall be elected by the Councils of Trade Unions.
Note I. The manner of election of labor inspectors shall
be determined by the People's Commissariat of Labor.
Note II. In districts where there is no Council of Trade Unions, the Local Department of Labor shall summon a conference of representatives of the trade unions which shall elect the labor inspectors.
130. In performing the duties imposed upon them concerning the protection of the lives and health of workers the officers of labor inspection shall enforce the regulations of the present Code, and the decrees, instructions, orders and other parts of the Soviet authority intended to safeguard the lives and health of the workers.
131. For the attainment of the purposes stated in Section 130 the officers of labor inspection are authorized-
(a) To visit at any time of the day or night all the industrial enterprises of their districts and all places where work is carried on, as well as the buildings provided for the workmen by the enterprise (rooming houses, hospitals, day nurseries, baths, etc.) ;
(b) To require the managers of enterprises or establishments, as well as the elective officials of the workers (works and similar committees) of those enterprises or establishments in the management of which they are participating, to produce all necessary books, records and information;
(c) To draw to the work of inspection representatives of the elective organizations of employees, as well as officials of the administration (managers, superintendents, foremen, etc.) ;
(d) To bring before the criminal court all violators of the regulations of the present Code, or of the decrees, instructions, orders and other acts of the Soviet authority intended to safeguard the lives and health of the workers;
(e) To take part in the proceedings of trade unions and works committees for the purpose of ascertaining the labor conditions in individual enterprises as well as in entire branches of industry.
132. The officers of labor inspection are authorized to adopt special measures, in addition to the measures mentioned in the preceding section, for the removal of conditions endangering the lives and health of workmen, even if such measures have not been provided for by any particular law or regulation, instructions or order of the People's Commissariat of Labor or of the Local Department of Labor.
Note. Upon taking special measures to safeguard the lives and health of workers, as authorized by the present section, the officers of the inspection shall immediately report thereof to the Local Department of Labor, which may either approve these measures or reject them.
133. The scope of the forms of activity of the organs of labor inspection shall be determined by instructions and orders issued by the People's Commissariat of Labor.
134. The enforcement of the instructions, rules and regulations relating to safety appliances is entrusted to the technical inspectors.
135. The technical inspectors shall be appointed by the local Divisions of Labor from among engineering specialists; these inspectors shall perform within their jurisdiction the duties prescribed by Section 131 of the present Code.
136. The technical inspectors shall be guided in their activity, besides the general regulations, by the instructions and orders of the People's Commissariat of Labor and by the instructions issued by the technical division of the local Division of Labor.
137. The activity of the sanitary inspection shall be determined by instructions issued by the People's Commissariat of Health Protection jointly with the People's Commissariat of Labor.
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APPENDIXES
APPENDIXES
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