PECULIARITIES OF LEGAL REGULATION OF EMPLOYMENT OF EMPLOYEES IN THE PERIOD OF XIX CENTURY. EARLY XX CENTURY

Abstract

The article considers some features of the legal
regulation of employment in the period of the nineteenth
century. beginning of xx. Attention is paid to
the importance and role of the Peasant Reform of
1861, analysis of the Law of June 3, 1886 "On approval
of draft rules on supervision of factories, on
mutual relations of manufacturers and workers and
on increasing the number of factory inspection
ranks", because with the adoption of this law Labor
law has an independent subject and method of legal
regulation.
It is analyzed that before the Peasant Reform of
1861 social production was based mainly on forced
labor of serfs. In contrast to the pre-reform period
(before the reform of 1861), when the legislation
governing the relationship between manufacturers
and freelancers was limited to two main acts of almost
complete absence of a free labor market, in the
period after the reform of 1861 until the October
Revolution of 1917 mainly the so-called factory legislation)
was actively developing. During the period of
military communism (1918-1921), judicial protection
in the event of conflicts in the field of labor relations
was virtually absent, and labor disputes were resolved
mainly administratively. Magistrates' Courts
were established as a result of the Judicial Reform of
1864 to deal with minor civil and criminal cases.
Magistrates were required to "rule" by law only if
previous attempts at reconciliation were unsuccessful.
Already in the 30-40's of the XIX century. part of
the industrialists acknowledged the insufficiency of
punitive measures only, and the idea of reconciliation
with the workers became popular among them.
After the revolution of 1905, the newly created Ministry
of Trade and Industry developed a bill on industrial
courts and submitted it to a special meeting on
labor. It should be noted that in the late XIX-early
XX century a role in resolving labor disputes was
played by the Factory Inspectorate, first established
in 1882 to oversee the implementation of the law on
labor protection of minors, and then significantly
expanded its functions and powers. The February Revolution of 1917 led to the existence of a dual power, as a result of which the legislative functions were performed by two bodies: the Provisional Government, which adopted acts that had the force of law, and the Council of Workers 'and Soldiers' Deputies.
Key words: work, labor relations, employment, labor relations.