The Labor Laws of Soviet Russia - Appendixes
APPENDIX TO SECTION 5
(See page 15 above)
Rules for the Determination of Disability for Work
1. Disability for work shall be determined by an examination of the applicant by the Bureau of Medical Experts, of the city, regional, or provincial insurance fund, as well as of accident insurance funds, or institutions acting as such.
Note. In case it be impossible to organize a Bureau of Medical Experts at any insurance office, such a Bureau may be organized at the Medical Sanitary Department of the local Soviet, provided, however, that the said Bureau shall be guided in its actions by the general rules and instructions for insurance funds.
2. The staff of the Bureau of Experts shall include:
(a) Not less than three physicians;
(b) Representatives of the Board of Directors of the insurance fund;
(c) Sanitary mechanical engineers appointed by the Board of the insurance fund;
Note. The physicians on the staff of the Bureau shall be recommended by the medical sanitary department, with the consent of the Board of Directors, preferably from among the physicians connected with the hospital fund, and shall be confirmed by a general meeting of the insurance fund.
3. During the examination of a person at the Bureau of the Medical Commission, all persons who have applied for the examination may be present.
4. Proceedings for the determination of the loss of working ability may be instituted by any person or institution.
5. Applications for examination shall be made to the insurance office nearest to the residence of the person in question.
6. Examination shall take place in a special room of the insurance office.
Note. If the person to be examined cannot be brought
to the insurance office, owing to his condition, the examination may take place at bis residence.
7. Every person who is to be examined at the Bureau of Medical Experts shall be informed by the respective insurance office of the day and hour set for the examination and of the location of the section of the Bureau of Medical Experts where the same is to take place.
8. The Bureau of Medical Experts may use all methods approved by medical science for determining disability for work.
9. The Bureau of Medical Experts shall keep detailed minutes of the conference meetings, and the record embodying the results of the examination shall be signed by all members of the Bureau. ·
10. A person who has undergone an examination and has been found unfit for work shall receive a certificate from the Bureau of Medical Experts.
Note. A copy of the certificate shall be kept in the files of the Bureau.
11. The records as well as the certificates shall show whether the disability is of a permanent or temporary character. If the disability for work he temporary, the record and certificate shall show the date set for a second examination.
12. After the disability for work has been certified the proper insurance office shall inform thereof the Department of Social Insurance of the local Soviet, stating the name, surname and address of the person disabled, as well as the character of the disability (whether temporary or permanent).
13. The decision of the Bureau of Medical Experts certifying or denying the disability of the applicant may be appealed from by the interested parties to the People's Commissariat of Health Protection.
14. The People's Commissariat of Health Protection may either dismiss the appeal or issue an order for the re-examination of appellant by a new staff of the Bureau of Experts.
15. The decision of the new staff of the Bureau of Experts shall be final and subject to no further appeal.
16. Re-examination to establish the recovery of working ability shall be conducted in the same manner as the first examination, with the observance of the regulations of the present Rules.
17. The expenses incurred in connection with the examination of an insured person shall be charged to the respective insurance office. The expenses incurred in connection with the examination of a person not insured shall be charged to the respective enterprise, establishment or institution.
18. The People's Commissariat of Labor may, if necessary, modify or amend the present Rules for the determination of disability for work.
APPENDIX TO SECTION 78
(See page 26 above)
Rules Concerning Payment of Sick Benefits (Subsidies) to Workers
1. Every worker shall receive during sickness a subsidy and medical aid from the local hospital fund of which he is a member.
Note I. Each person may be a member of only one insurance fund at a time.
Note II. A person who has been ill outside the district of the local hospital fund of which he is a member shall receive the subsidy from the hospital fund of the district in which he has been taken ill. All expenses thus incurred shall be charged to the hospital fund of which the particular person is a member.
2. The sick benefits shall be paid to a member of a hospital fund from the first day of his sickness until the day of his recovery, with the exception of those days during which he has worked and accordingly received remuneration from the enterprise, establishment or institution where he is employed.
3. The sick benefit shall be equal to the remuneration fixed for a worker of the respective group and category.
Note I. The group and category in which the worker is enrolled shall be ascertained by the local hospital fund through the Division of Labor Distribution and through the trade unions.
Note II. The subsidy for pregnant women and those lying-in shall be fixed by special regulations of the People's Commissariat of Labor.
Note Ill. In exceptional cases the People's Commissariat of Labor may reduce the subsidy to the minimum of living expenses as determined for the respective district.
4. Besides the subsidies, the hospital funds shall also provide for their members free medical aid of every kind (first aid, ambulatory treatment, home treatment, treatment in sanatoria or resorts, etc.).
Note. To secure medical aid any hospital fund may independently, or in conjunction with other local funds, organize and maintain its own ambulatories, hospitals, etc., as well as enter into agreements with individual physicians and establishments.
5. The resources of the local hospital funds shall be derived:
(a) From obligatory payments by enterprises, establishments and institutions (Soviet, public and private) employing paid labor;
(b) From fines for delay of payments;
(c) From profits on the investments of the funds;
(d) From casual payments.
Note. The resources of the local hospital funds shall be consolidated into one common fund of insurance against sickness.
6. The amount of the payments to local hospital funds by enterprises, establishments and institutions employing paid labor shall be periodically fixed by the People's Commissariat of Labor.
Note I. In case these obligatory payments be not paid within the time fixed by the local hospital funds, they shall be collected by the local Department of Labor; moreover, in addition to the ·sum due, a fine of IO per cent. thereof shall be imposed for the benefit of the hospital fund.
Note II. In case the delay be due to the fault of the
responsible managers of the particular enterprise, establishment, or institution, the fine shall be collected from the personal means of the latter.
7. The decision of the hospital funds may be appealed from within two weeks to the Department of Labor. The decision of the Departments of Labor shall be final and subject to no further appeal.
8. The People's Commissariat of Labor may, whenever necessary, change or amend the foregoing rules concerning sick benefits to workers.
APPENDIX TO SECTION 79
(See page 26 above)
Rules Concerning Unemployed and Payment of Subsidies
I. "Unemployed" shall mean every citizen of the Russian Socialist Federal Soviet Republic subject to labor duty who is registered with the local Division of Labor Distribution as being out of work at his vocation or at the remuneration fixed by the proper tariff.
2. "Unemployed" shall likewise mean:
(a) Any person who has obtained employment for a term not exceeding two weeks (Section 25 of the present Code) ;
(b) Any person who is temporarily employed outside his vocation, until he shall obtain work at his vocation (Sections 29 and 30 of the present Code).
3. The rights of unemployed shall not be extended ( a) To persons who in violation of Sections 21, 24 and 29 of the present Code, have evaded the labor
duty, and refused work offered to them;
(b) To persons not registered as unemployed with the local Division of Labor Distribution (Section 21 of the present Code) ;
(c) To persons who have willfully quit work, during the term specified in Section 53 of the present Code.
4. All persons described in Sections 1 and 2 of these Rules shall Le entitled to permanent employment (for a term exceeding two weeks) at their vocations in the order of priority determined by the list of the Division of Labor Distribution for each vocation.
5. Persons described in Section I and subdivision "b" of Section 2 of these Rules shall be entitled to a subsidy from the local fund for unemployed.
6. The subsidy to unemployed provided in Section I of the present Rules shall be equal to the remuneration fixed by the scale for the group and category to which the worker was assigned by the valuation commission (Section 61). ·
Note. In exceptional cases the People's Commissariat of Labor may reduce the unemployed subsidy to the minimum of living expenses as determined for the district in question.
7. A worker employed temporarily outside of his vocation (Subdivision "b" of Section 2 of these Rules) shall receive a subsidy equal to the difference between the remuneration fixed for the group and category in which he is enrolled and his actual remuneration, in case the latter be less than the former.
8. An unemployed who desires to avail himself of his right to a subsidy slrnll apply to the local fund for unemployed and shall present the following documents: (a) his registration card from the local Division of Labor Distribution; and (b) a certificate of the valuation commission showing his assignment to a definite group and category of workers.
9. Before the subsidy is paid the fact of unemployment and the reason thereof must be verified and the group and category to which the unemployed belongs must be ascertained. The verification shall be made by the local fund for unemployed, with the assistance of the Division of Labor Distribution and the respective trade union.
10. The local fund for unemployed may for good reasons deny the application for a subsidy.
II. If an application is denied, the local fund for unemployed shall, within three days from the filing of the application, inform the applicant thereof.
12. The decision of the local fund for unemployed may within two weeks be appealed from by the interested parties to the local Department of Labor, and the decision of the latter may be appealed from to the District Department of Labor. The decision of the District Department of Labor shall be final and subject to no further appeal.
13. The payment of the subsidy to an unemployed shall commence only after he has actually been laid off, but not later than after the fourth day.
14. The subsidies shall be paid from the fund of unemployment insurance.
15. The fund of unemployment insurance shall be made up-
(a) from obligatory payments by all enterprises, establishments and institutions employing wage labor;
(b) from fines and penalties imposed for arrears in such payments;
(c) from casual income.
16. The amount and the manner of collection of the payments and fines mentioned in Section 15 of these Rules shall be determined every year by a special order of the People's Commissariat of Labor.
APPENDIX TO SECTION 80
( See page 26 above)
Rules Concerning Labor Booklets
1. All able-bodied citizens of the Russian Socialist Federal Soviet Republic, upon their assignment by the valuation commissariat of the trade unions to a definite group and category (Section 61 of the present Code), shall be given labor booklets free of charge.
Note. The form of the labor booklets shall be worked out by the People's Commissariat of Labor.
2. Each worker, on entering the employment of an enterprise, establishment or institution employing paid labor in the form of organized cooperation, shall present his labor booklet to the management thereof, and on entering the employment of a private individual, to the latter.
Note. A copy of the labor booklet shall be kept by the management of the enterprise, establishment, institution or by the private individual by whom the worker is employed.
3. All work performed by a worker during the normal working day as well as piece work or overtime work, and all payments received by him as worker (remuneration in money or in kind, subsidies from the unemployment and hospital funds), must be entered in his labor booklet. Note. In the labor booklet must also be entered the leaves of absence and sick leave of the worker, as well as the fines imposed on him during and on account of his work.
4. Each entry in the labor booklet must be dated and signed by the person making the entry, and also by the worker (if the latter is literate), who thereby certifies the correctness of the entry.
5. The labor booklet shall contain:
(a) The name, surname and date of birth of the worker;
(b) The name and address of the trade union of which the worker is a member;
(c) The group and category to which the worker has been assigned by the valuation commission.
6. Upon the discharge of a worker, his labor booklet shall under no circumstances be withheld from him. Whenever an old booklet is replaced by a new one, the former shall be left in possession of the worker.
7. In case a worker loses his labor booklet, he shall be provided with a new one into which shall be copied all the entries of the lost booklet; in such a case a fee determined by the rules of internal management may be charged to the worker for the new booklet.
8. A worker must present his labor booklet upon the request:
(a) Of the managers of the enterprise, establishment or institution where he is employed;
(b) Of the Division of Labor Distribution; (c) Of the trade unions;
(d) Of the officials of workmen's control and of labor protection;
(e) Of the insurance offices or institutions acting as such.
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