June 3. Highest approved State Council Opinion (Coll. Uzak. 1886, July 15, Art. 639) .- On the draft Regulation on the supervision of industrial industry establishments and on the mutual relations between manufacturers and workers and on increasing the number of officials factory inspection.
The State Council, in the United Departments of State Economy, Laws and Civil and Spiritual Affairs and in the General Assembly, reviewed the submissions from the Ministries of Finance and Internal Affairs: a) on the draft Rules on the Supervision of the Industries Industry and on the mutual relations between manufacturers and workers and b ) on increasing the number of orders of the Factory Inspectorate, the opinion put:
I. Instead of Chapter Three of Section II of the Constitution on Factory and Factory Industry (Art. 30-60), ed. 1879, decide the following rules:
1) The employment of workers in the establishments of the factory industry is accomplished on the basis of general decisions on personal employment, with the additions set forth in the following articles.
Note. The hiring of minors in the establishments of the factory industry and the supervision of the execution of resolutions on the work and training of young workers are determined by the Rules, especially issued on this subject.
2) The factory or factory management is obliged, when hiring workers, to require them to present a residence permit. Withdrawal from this is permitted only with respect to persons who may, by law, leave the place of permanent residence without taking poster passports and tickets subject to stamp duty (Articles 111 and 112 of the Pass., Prod. 1876).
3) Workers living in apartments arranged at the factory or Factory, are granted residence permits, for storage, to the manager of the factory or factory.
4) If the worker wishes to remain in the factory or plant after the expiry of the residence permit issued to him, then the factory or plant manager is granted, by agreement with the worker, to be referred to the new export order to be subject to expulsion.
5) The hiring of married women and minors with a separate residence permit does not require the special permission of parents, guardians or husbands.
6) The head of the factory or factory is obliged to return the workers handed him views on
residence (art. 3) immediately upon termination of the contract of employment.
7) Contracts for the employment of workers can be entered into by issuing them books, in which the conditions of employment are indicated, and all calculations made with the worker and made from him, subject to the condition, deductions, for desertions and causing harm to the owner, are marked.
8) The payment book is kept by the worker and transferred to the office of the factory or factory for the necessary records in it.
9) The employment of workers is carried out: a) for a certain period; b) for an unspecified term, and c) for the period of performance of any work, with the termination of which the hiring itself ceases.
10) When hiring for an indefinite term, each of the contracting parties may withdraw from the contract, warning the other party of its intention two weeks in advance.
11) Before the termination of the fixed-term contract concluded with the workers, or without warning for two
weeks of workers hired for an indefinite period are not allowed to lower their wages by establishing new bases for its calculation, reducing the number of working days per week or the number of working hours per day, changing the rules of a lesson, etc. They are not entitled to , before the end of the contract, to require any changes in the conditions thereof.
The payment of wages to workers should be made at least once a month, if the hiring is concluded for a period of more than a month, and at least twice a month - when hired for an indefinite period. Accounts with workers is a special book.
A worker who has not received the payment due to him in time has the right to demand a court order for the termination of the contract concluded with him. According to the claimed, on this basis, within three months, the claim of the worker, if his request is recognized as respectful, in his favor is awarded, in addition to the amount due to him by the manufacturer, a special reward in an amount not exceeding, with an urgent contract, his two-month salary, under an indefinite contract, a two-week repayment is due.
Reckoning with the workers, instead of money, coupons, conventional signs, bread, goods and other items is prohibited.
When making payments to workers it is not allowed to make deductions for the payment of their debts. These debts do not, however, include the calculations made by the factory administration for the food of the workers and their supply with necessary commodities from factory shops. In the case of presentation of a writ of execution for a monetary penalty from a worker, the latter can be withheld, at each separate payment, not more than 1/3 of the amount due to him if he is single, and not more than ¼ if he is married or widowed, but has children.
Heads of factories or mills are not allowed to charge interest on the money given out to workers on loan and remuneration for the guarantee of their monetary obligations.
It is forbidden to charge workers a fee: a) for medical assistance, b) for lighting workshops and c) for use when working for the factory with production tools.
Factory or Factory Administration makes internal regulations, which
must be respected by workers in a factory or factory. These rules are set in all workshops.
19) The contract of employment of a worker with factory or factory management is terminated:
a) by mutual agreement of the parties;
b) upon the expiration of the term of employment;
c) at the end of the work, the performance of which was due to the term of employment (Art. 9, p. c);
d) upon expiration of two weeks from the date of the application by one of the parties about the desire to terminate the contract, if it was concluded for a term not determined;
e) for the expulsion of a worker, by order of the authorities in power, from the place of performance of the contract or by awarding him to imprisonment for a period which makes the execution of the contract impossible
f) for the obligatory admission of a worker to military or public service;
g) for refusal by the establishment issuing to the worker a temporary residence permit, to renew this type;
h) for suspension for a long time of work in a factory or factory, due to fire, flood, explosion of a steam boiler, etc. unfortunate
20) The contract of employment may be terminated by the head of the factory or factory:
a) due to the worker’s failure to appear at work for more than three days in a row without valid reasons;
b) due to the involvement of the worker in the investigation and trial on charges of criminal action, resulting in a punishment no less than a prison sentence;
c) due to the audacity or bad behavior of the worker, if it threatens the property interests of the factory or the personal safety of whom
or from persons belonging to the factory management;
d) due to the detection of a contagious disease in the worker.
Note. A dismissed, on the basis of this article, from a factory or plant, a worker is granted to terminate the contract to appeal to the court, which, if it recognizes the complaint as sound, decides on the worker’s remuneration for the losses incurred by him.
Regardless of the case referred to in article 13, the worker is granted to demand termination of the contract:
a) as a result of beatings, grave insults and in general ill-treatment on the part of the owner, his family or persons entrusted with the supervision of the workers;
b) due to violations of the conditions for the supply of workers with food and premises;
c) due to work destructive to his health;
d) due to the death or obligatory admission to the military service of one of its members
22) In areas characterized by significant development of the factory industry, the institutions of this industry, except those belonging to the treasury or government institutions, as well as private mining factories and industries, are subject, in addition to the provisions of Articles 1-21, to the action of special Rules the supervision of establishments of the Factory industry and the mutual relations between manufacturers and workers.
Note. On the application of the rules referred to in this article to the provinces or counties that are required and on the necessary strengthening of factory inspection, the Minister of Finance enters into the Council of State with special ideas.
Ii. The draft Regulation on the supervision of the institutions of the factory industry and on the mutual relations of manufacturers and workers to bring to the approval of His Imperial Majesty.
Iii. In the amendment and addition of the subject articles of the Code on penalties of penal and correctional, ed. 1885, decide the following rules:
1) For committing misdemeanors provided for in Articles 1359 and 13591 of this Code for the third time, or at least for the first and second time, but when these offenses were called up at the factory or
plant disturbance, accompanied by a violation of public silence or order, and entailed
taking emergency measures to quell riots, managing a factory or plant:
arrest for a period of up to three months and, moreover, may be forever denied the right to manage factories or plants.
2) For the termination of work in a factory or factory after a strike between themselves workers, in order to force manufacturers or breeders to raise wages or change other conditions of employment before the expiration of the last, the perpetrators are:
Those who instigated the commencement or continuation of the strike were to be imprisoned for a period of four to eight months, and the other participants were incarcerated for up to four months in prison. The participants of the strike, who stopped it and started work on the first request of the police, are released from punishment.
3) Participants in strikes that caused damage or destruction of factory or factory property or the property of persons serving in a factory or factory will not be a more serious crime if they commit a crime:
abetted by this action or ordered by the crowd - imprisonment for a period of eight months to one year and four months, and other participants - imprisonment for a period of four to eight months.
4) The participants in the strike who forced other workers, through violence or threats, to stop working or not to resume stopped, if they committed violence does not constitute a more serious crime, are exposed to:
incited to acts of this kind or those who were mobbed by the crowd - imprisonment for a period of eight months to one year and four months, and other participants - imprisonment for a period of time from four to eight months.
Iv. In amending and supplementing the articles of the Charter on punishments imposed by the World Justice, decide the following rules:
1) For unauthorized refusal to work before the expiry of the term of employment, the guilty factory or factory worker is arrested for no more than one month.
2) For deliberate damage or extermination of complex and valuable production tools in a factory or factory, the guilty worker, if his action does not constitute a more serious crime, is arrested up to three months.
If the consequence of such damage or extermination is to stop work in a factory, then the perpetrator is imprisoned for a period of from three months to one year.
V. The Charter of Criminal Justice (Court. The mouth of the Emperor Alexander II, ed. 1883) shall be supplemented with the following decisions:
1) Cases of the termination of work in factories and plants for workers' strike, as well as the violent actions and threats perpetrated by the participants in the strikes (Art. III paras. 2-4), are handled by the District Court.
2) In areas where there is a Gubernskaya factory case of the Presence, the case of violations provided for in Articles 40 - 42 of the Rules on the Supervision of Factory Industries and the Mutual Relations of Factories and Workers, as well as cases of violations of article 1359 of the order, committed by the heads of factories or plants for the first and second time when these consequences of the violation were not accompanied by the consequences specified in paragraph 1 of article III.
Vi. The rules referred to in Article II shall be enacted in the provinces of St. Petersburg, Moscow and Vladimir since October 1, 1886.
VII. Having established, in addition to the Highest approved, on June 12, 1884 (2316), the inspection staff to supervise the employment and training of minors working in factories, factories and manufactories, ten new posts of Assistant District Inspectors to replace these from September 1, 1886, and, in agreement with the Minister of the Interior, to distribute those appointed to them in the provinces listed in the previous VI article.
Viii. To cover the expenses on the maintenance of the above-mentioned officials (Art. VII), to release annually, starting January 1, 1887, about thirty thousand rubles, with this amount being contributed to the budget subdivisions of the Department of Trade and Manufactures. In the current year, to allocate this expense, allocate, in the form of an additional loan to the same estimate, ten thousand rubles.
Resolution. His Imperial Majesty's subsequent opinion in the General Assembly of the State Council: 1) on the draft Rules on the supervision of industrial enterprises and on the mutual relations between manufacturers and workers, and 2) on increasing the number of factory inspections, approve of the highest discretion and ordered to execute.