The resolution of Plenum of VS Russian Federation about application by courts of the legislation regulating work of athletes and trainers

For ensuring unity of practice of application with vessels of the legislation regulating work of athletes and trainers, Plenum Supreme Court of the Russian Federation, being guided by article 126 of Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional law of February 5, 2014 N 3-FKZ "About Supreme Court of the Russian Federation", decides to make the following explanations:

1. Legal regulation of the labor relations of workers - athletes and trainers is carried out by Federal law of the Russian Federation of 30 December 2001 No. 197-FZ "On the Labor Code of the Russian Federation" (further - shopping Mall Russian Federation), Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation" (further - Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation"), other federal laws and laws of subjects Russian Federation, containing standards of the labor law, other regulations containing standards of the labor law, collective , agreements, the local regulations containing standards of the labor law, employment (articles 5,6, 8 - 10 shopping Malls Russian Federation).

of Feature of regulation of work of athletes, the trainers, limiting application of the general norms of shopping Mall Russian Federation or providing for these categories of workers additional rules in connection with special character and working conditions of athletes and trainers, psychophysiological features of an organism of athletes, are established according to part of the third article 348 ¹ by shopping Mall Russian Federation the labor legislation and other regulations containing standards of the labor law, collective , agreements, and also the local regulations adopted by employers according to requirements of article 8 of shopping Mall Russian Federation taking into account norms, approved by the all-Russian sports federations, and opinions of electoral body of primary trade-union organization (in the presence of such organization).

of Feature of regulation of work of athletes, the trainers, involving decrease in level of guarantees to workers, restriction of their rights, increase their disciplinary and (or) a liability, and also cases and an order of establishment of the specified features of regulation of work by others (besides shopping Mall Russian Federation) the acts containing standards of the labor law, are more exhaustively defined by chapter 54 ¹ shopping Mall Russian Federation "Features of regulation of work of athletes and trainers" (article 252 and part fourth of the article 348 ¹ shopping Mall Russian Federation). Establishment of such features of regulation of work of athletes, trainers by other acts containing standards of the labor law, in other cases or in other order, besides specified in chapter 54 ¹ shopping Mall Russian Federation is not allowed. Called the head of shopping Mall Russian Federation, in particular, provided possibility of establishment by collective , agreements, local regulations of features of a mode of working hours of athletes, trainers, attraction them to overtime work, work at night, in output and non-working holidays, and also features of compensation of athletes, trainers at night, in output and non-working holidays (part fifth of the article 348 ¹ shopping Mall Russian Federation).

2. By hearing of cases on the disputes arising from labor legal relationship of athletes, trainers, it is necessary to consider that local regulations by which according to part of the third article 348 ¹ shopping Mall Russian Federation features of regulation of work of the called categories of workers can be established, have to be accepted by the employer not only according to requirements of article 8 of shopping Mall Russian Federation fixing the general rules of adoption of such acts, but also taking into account the norms approved by the all-Russian sports federations, and opinion of electoral body of primary trade-union organization.

of Standard of the local regulations, worsening position of workers in comparison with the established labor legislation and other regulations containing standards of the labor law, the collective , agreements, and also the local regulations adopted without observance of shopping Mall Russian Federation established by article 372 of an order of the accounting of opinion of a representative body of workers (in the presence of such representative body), on the basis of part of the fourth article 8 of shopping Mall Russian Federation are not subject to application. The local regulations installing to feature of regulation of work of athletes and trainers, accepted with violation of requirements of part of the third article 348 ¹ shopping Mall Russian Federation about an order of their acceptance, proceeding from provisions of part of the fourth article 8 of shopping Mall Russian Federation also are not subject to application.

According to point 5 of part 1 of article 16 Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation" the all-Russian sports federations are allocated, in particular, with the rights to develop taking into account the rules approved by the international sports federations, the rule of the corresponding sports, and also to approve the norms establishing the rights, duties (including the norms setting restrictions of transition (a transition condition) separate categories of athletes, trainers in other sports clubs or other sports and sports organizations) and sports sanctions for subjects of physical culture and sport recognizing such norms.

According to point 6 of article 2 Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation" the all-Russian public organizations which are created on the basis of membership treat the all-Russian sports federations, received the state accreditation and which purposes are development of one or several sports in the territory Russian Federation, their promotion, the organization, holding sporting events and training of athletes - members of sports national teams Russian Federation (for example, FKHR, RFS, VFV, All-russian public organization "Federatsiya Velosipednogo Sporta Russia", FVSR, All-russian public organization "VFLA").

3. Workers on whom provisions of chapter 54 ¹ shopping Mall Russian Federation extend, according to article 348 ¹ shopping Mall Russian Federation irrespective of the name of their positions are:

athletes - the workers which labor function consists in preparation for sports competitions and participation in sports competitions on defined to a look or sports;

trainers - the workers which labor function consists in carrying out with athletes of training actions and implementation of the management by competitive activity of athletes for achievement of sports results.

the natural persons who are registered in accordance with the established procedure as individual entrepreneurs and carrying out business activity without formation of legal entity, and also the legal entities (organizations) of various organizational and legal forms who are carrying out activity in the field of physical culture and sport can act as employers in the labor relations with athletes, trainers according to part of the second article 348 ¹ shopping Mall Russian Federation (sports federations, sports clubs, the centers of sports preparation, the organization of additional education of children, the professional educational organizations, etc.).

4. Permission of the individual labor disputes, one of which parties is the worker - the athlete or the trainer, according to point 1 of part 1 of article 22 of Federal law of the Russian Federation of 14 November 2002 No. 138-FZ "On the Civil Procedure Code of the Russian Federation" (further - GPK Russian Federation) and shopping Mall Russian Federation articles 382, 391, treats a competence of the courts of the general jurisdiction. Business is among such affairs, in particular:

in athletes, trainers about assignment on the employer of a duty to bring records in the service record (shopping Mall Russian Federation article 66),

about contest by the athlete, the trainer of the disciplinary punishment applied to it the employer (shopping Mall Russian Federation articles 192,193),

in athletes, trainers about collecting from the employer of on , established by the labor according to systems of compensation operating at the employer (shopping Mall Russian Federation articles 136,140,142, 236),

in employers about compensation by athletes, trainers of the damage caused to the employer (shopping Mall Russian Federation article 238).

in the presence in the labor with the athlete, with the trainer of the conditions having civil character, including the parties generating obligation as the subjects of sports which are taking part in sports competitions according to regulations (regulations) on these competitions, the disputes which have arisen concerning non-execution or inadequate execution of such conditions, on the basis of part 3 of article 3 GPK Russian Federation can be transferred by agreement of the parties to the specialized arbitration courts (for example, Sports arbitration at Chamber of commerce & industry Russia, chamber of commerce & industry RF, Sports arbitral tribunal at INDEPENDENT NONCOMMERCIAL ORGANIZATION "SAP").

In case, on consideration and permission of arbitration and from the respondent prior to consideration of the case on a being the objection concerning consideration and settlement of dispute in arrived, leaves the statement of claim without consideration (the paragraph of the sixth article 222, part 1 of article 223 GPK Russian Federation).

the Question of, whether is arisen between the worker - the athlete, the trainer and the employer dispute by individual labor or civil dispute, it is allowed by on the basis of shopping Mall Russian Federation article 381. According to part one of called article of shopping Mall Russian Federation individual labor dispute represents not settled issues between the employer and the worker concerning application of the labor legislation and other regulations containing standards of the labor law, collective , agreements, the local statutory act, labor (including about establishment or change of individual working conditions) which it is declared in body on consideration of individual labor disputes.

5. In the labor with the athlete, with the trainer join:

of data provided by part one of article 57 of shopping Mall Russian Federation, - a surname, a name, a middle name of the worker and the name of the employer (a surname, a name, a middle name of the employer - the natural person who is registered in accordance with the established procedure as the individual entrepreneur and carrying out business activity without formation of legal entity), signed the labor , a place and date of the conclusion of labor , etc.;

of a condition established by part of the second article 57 of shopping Mall Russian Federation as obligatory for inclusion in the labor (a work place, labor function of the worker, work start date, etc.) .

Besides the specified conditions obligatory for inclusion in the labor with the athlete are the conditions listed regarding the third article 348 ² by shopping Mall Russian Federation (about a duty of the employer to provide carrying out training actions and participation of the athlete in sports competitions under the leadership of the trainer (trainers); about a duty of the athlete to observe the sports mode established by the employer, and to implement plans of preparation for sports competitions; about a duty of the athlete to take part in sports competitions only according to instructions of the employer, etc.) .

Obligatory for inclusion in the labor with the trainer besides data and the conditions provided by parts of the first and second article 57 of shopping Mall Russian Federation, according to part of the fourth article 348 ² shopping Mall Russian Federation is a condition about a duty of the trainer to take measures for the prevention of violation by the athlete (athletes) of the all-Russian anti-doping rules and the anti-doping rules approved by the international anti-doping organizations.

If at the conclusion of labor it did not include any data and (or) conditions from among provided by parts of the first and the second article 57, by parts of the third and fourth article 348 ² shopping Mall Russian Federation, this circumstance is not the basis for recognition of labor unconcluded or its cancellation. The labor has to be added with missing data and (or) conditions. Thus missing data are brought directly in the text of labor , and missing conditions are defined by the annex to the labor or the separate agreement of the parties concluded in writing which is an integral part of labor (part third of article 57 of shopping Mall Russian Federation).

6. In the labor with the athlete, with the trainer can be provided:

the additional conditions specified regarding the fourth article 57 of shopping Mall Russian Federation, not worsening position of the worker in comparison with the established labor legislation and other regulations containing standards of the labor law, the collective , agreements, local regulations, in particular, about specification of a place of work (with the indication of structural division and its location) and (or) about a workplace, about test, other conditions;

the additional conditions, which list shopping Mall Russian Federation contains in part of the fifth article 348 ² : about a consent of the athlete, the trainer to transfer by the employer of their personal information, the copy of labor in the all-Russian sports federation on corresponding to a look or sports, and in case of inclusion of the athlete, the trainer in structure of a sports national team Russian Federation - also on transfer of the copy of labor in the federal executive authority which is carrying out functions on carrying out a state policy and standard legal to regulation in the sphere of physical culture and sport; about a duty of the athlete, the trainer to use the sports equipment provided by the employer in working hours; about a duty of the athlete, the trainer to observe regulations (regulations) on sports competitions in the part which has been directly connected with work of the athlete, the trainer; etc.;

about additional guarantees and compensations, called regarding the fifth article 348 ¹⁰ shopping Mall Russian Federation, including about carrying out recovery actions for improvement of health of the athlete, about guarantees to the athlete in case of his sports disqualification, about the sizes and an order of additional compensations in connection with moving for work to other district, about providing food at the expense of the employer, about social service, about providing the athlete, the trainer and members of their families premises for action of labor , other guarantees and compensations.

B the labor with the athlete, the trainer the conditions having civil character, including generating obligations of the parties as the subjects of sports which are taking part in sports competitions in a certain look or sports also can be included. Such conditions are, for example, conditions about transfer by the employer to the athlete, the trainer of premises to property, about granting by the athlete, the trainer to the employer of rights to use the image, a surname, a name, a middle name, samples of the signature and the handwriting stylized and photographic images of the athlete, etc. by

7. The labor with the athlete, with the trainer can consist for an indefinite term, and also for a certain term no more than five years (parts the first and second articles 58, parts the first and second articles 348 ² shopping Mall Russian Federation).

By consideration of the disputes connected with recognition of urgent labor with the athlete by the labor , the prisoner for an indefinite term, it is necessary to recognize that the conclusion of urgent labor with the athlete, according to article 348 ² shopping Mall Russian Federation, is reasonable if such is signed on the basis of a voluntary consent of the worker and the employer.

at employment for carrying out with athletes of training actions and implementation of the management by competitive activity of athletes for achievement of sports results in professional sports, and also with trainers of sports national teams (part second of the article 348 ² shopping Mall Russian Federation).

should understand the part of sports directed on the organization and carrying out sports competitions As professional sports, in which and preparation to which as the primary activity athletes earn reward for participation from organizers of such competitions and (or) (point 11 of article 2 Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation").

At employment of other trainers who have not been called regarding the second article 348 ² by shopping Mall Russian Federation, that is trainers, performance of labor function by which it is carried out not in professional sports, and also not in sports national teams, the urgent labor by agreement of the parties can consist according to part of the second article 58 of shopping Mall Russian Federation without nature of the forthcoming work and conditions of its performance in the cases listed regarding the second article 59 of shopping Mall Russian Federation (for example, with the persons arriving for a part-time job).

8. The condition about urgent character of labor , concluded with the athlete, with the trainer, proceeding from provisions of part of the fourth article 58 of shopping Mall Russian Federation, becomes invalid also such labor it is considered the prisoner for an indefinite term in a case when any of the parties did not demand its cancellation in connection with expiration of urgent labor , and the athlete, the trainer continue work after expiration of labor .

the Repeated conclusion of urgent employment with the athlete, with the trainer for performance of the same labor function, allowed by the norms approved by the all-Russian sports federations, in itself is not the basis for recognition of urgent labor with the athlete, with the trainer the prisoner for an indefinite term.

9. At permission of labor disputes according to requirements of athletes about recognition of existence of the labor relations in cases if athletes were actually allowed to training actions before signing of labor for the purpose of preliminary check of professional skills and the solution of a question on employment, it is necessary to proceed from nature of labor function of the athlete (article 348 ¹ shopping Mall Russian Federation).

on the basis of provisions of part one of the article 348 ² shopping Mall Russian Federation, establishing possibility of the conclusion of urgent employment with the workers which labor function consists in preparation for sports competitions along with participation in sports competitions, and also part of the third article 16 and part of the second article 67 of shopping Mall Russian Federation, the labor relations providing emergence and the conclusion of labor at the actual assumption of the worker to work, the labor relations with the athlete arise, and the labor is considered the prisoner if the athlete, the labor with which is not issued properly, was allowed from a permission or at the request of the employer or his representative on it the representative to the training events held by the employer.

10. The labor with trainers-teachers of the organizations which are carrying out educational activity which labor function provides performance of duties on training, to education being trained, consists with observance of the restrictions provided by article 46 of the Federal law from December 29, 2012 N 273-F3 "About education to Russian Federation", and also the articles 331 and 351 ¹ shopping Mall Russian Federation. These restrictions have to be observed and at the conclusion of labor with trainers in sports for children and young people.

11. The labor with the worker which labor function consists in carrying out with athletes of training actions and implementation of the management by their competitive activity for achievement of sports results, owing to point 24 of article 2 Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation", can be concluded with the person having the corresponding secondary professional education or the higher education.

of the Requirement to education of the specified workers are defined on the basis of provisions of the corresponding professional standards, and also sections of the Uniform qualification reference book of positions of heads, experts and employees (the section "Qualification Characteristics of Positions of Workers in the field of Physical Culture and Sport" approved by the order Ministry of health and social development of the Russian Federation from August 15, 2011 of N 916n, and the section "Qualification Characteristics of Positions of Educators" approved by the order Ministry of health and social development of the Russian Federation from August 26, 2010 of N 761n).

the Corresponding education depending on the specific labor actions which are carried out by the worker within caused labor function, can be higher education or secondary professional education in the field of physical culture and sport, either higher education or secondary professional education and additional professional education in the field of physical culture and sports, higher education or secondary professional education in the field of adaptive physical culture, either higher education or secondary professional education in the field of physical culture and sport and additional professional education in the field of adaptive physical culture.

At the same time according to provisions of the Uniform qualification reference book of positions of heads, experts and serving applying on work of the trainer, the trainer-teacher the persons which do not have special preparation, but possessing sufficient practical experience and competence, can be appointed to the corresponding positions according to the recommendation of a certifying commission (point 6 of the section I "General provisions" of the section "Qualification Characteristics of Positions of Workers in the field of Physical Culture and Sport", point 9 of the section I "General provisions" of the section "Qualification Characteristics of Positions of Educators") or by results of the certification which is carried out by the all-Russian sports federation on corresponding to a look or sports.

12. At the conclusion of labor about work as the trainer with foreign citizens and the stateless persons attracted as highly qualified specialists in the field of physical culture and sport (the article 20 ⁴ Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation"), an assessment of competence and a skill level of the invited highly qualified specialist, owing to point 3 of the article 13 ² Federal law of the Russian Federation of 25 July 2002 No. 115-FZ "On the Legal Position of Foreign Citizens in the Russian Federation" (further - Federal law of the Russian Federation of 25 July 2002 No. 115-FZ "On the Legal Position of Foreign Citizens in the Russian Federation"), is carried out independently by the employer who thus bears the corresponding risks.

In the cases specified in the paragraph first of point 12 of the present resolution, for an assessment of competence and a skill level of the person employed as the trainer, the employer, according to point 4 of the article 13 ² Federal law of the Russian Federation of 25 July 2002 No. 115-FZ "On the Legal Position of Foreign Citizens in the Russian Federation", uses: documents and the data confirming existence at this expert of professional knowledge and skills; data on results of its work, including responses of other employers and customers of works (), concluding with it civil on performance of work (rendering ) as the trainer, including foreign; the data presented by the organizations, professionally engaged assessment and staff recruitment; data on results of intellectual activity, the author or which coauthor is the person applying for work as the trainer; data on its professional awards and other forms of recognition of its professional achievements; data on results of the competitions held by the employer; other objective, authentic and checked documents and data.

13. Provided by the paragraph the second parts of the third article 348 ² duty shopping Mall Russian Federation on ensuring carrying out training actions and participations of the athlete in sports competitions under the leadership of the trainer (trainers) should recognize as appropriate execution by the employer appointment to the athlete as the trainer of the person conforming to requirements of the law, stated in points 11, 12 of the present resolution.

the Failure to provide the employer of carrying out training actions and participations of the athlete in sports competitions under the leadership of the trainer (trainers), including appointment to the athlete as the trainer of the person who has no corresponding education and does not meet the requirements of the law stated in points 11, 12 of the present resolution, owing to article 379 of shopping Mall Russian Federation providing forms of self-defense by workers of the labor law, can be the basis for refusal of the athlete from performance of work which directly threatens his life and health.

14. By hearing of cases on the disputes concerning execution by the athlete of provided by the paragraph of the third part of the third article 348 ² by shopping Mall Russian Federation of a duty to observe a sports mode, established by the employer and to implement plans of preparation for sports competitions, it is necessary to recognize that a sports mode is defined with contents of the local regulations adopted by the employer, labor , concluded by the athlete, and regulations (regulations) on sports competitions in which the athlete takes part.

not only observance of the employer established by the local statutory act or the labor with the athlete of a mode of the working day and organization regulations, but also a personal mode of the athlete, including performance by the athlete of programs of individual and group trainings and the conditions setting restrictions for the athlete by various criteria (for example, a diet, maintenance of weight category, a ban on smoking, the use of alcoholic products, occupation by physical exercises besides the training events held by the employer), following to norms of morals and moral, etc.

For non-compliance because of the athlete of the established sports mode, including the restrictions which action extends not only on its working hours, but also for the period of rest, and also for non-performance because of the athlete of plans of preparation for sports competitions the employer has the right to apply disciplinary punishment (shopping Mall Russian Federation articles 192,193) to the athlete.

15. For athletes passing provided by the article 348 ³ shopping Mall Russian Federation preliminary (is obligatory at revenues to work), periodic (during work, but at least once a year) and extraordinary (at requests of athletes according to medical recommendations) medical examinations which the employer is obliged to organize at the expense of own means with preservation for athletes of a place of work (position) and average earnings for the period of passing of these medical examinations.

the Athlete who has not passed in accordance with the established procedure obligatory medical examination, is discharged it (is not allowed) by the employer from participation in sports competitions and preparation for them for the entire period before passing of medical examination (part the first and second articles 76 of shopping Mall Russian Federation). During discharge from work (prevention to work) on the called basis to the athlete is not charged. In discharge cases from work of the athlete who did not pass obligatory medical examination not on the fault, to it payment for discharge all the time from work as is made for idle time (part third of article 76 of shopping Mall Russian Federation).

Refusal of the athlete or evasion without valid excuse from obligatory medical examination is a minor offense for which commission the employer has the right to apply disciplinary punishment.

16. The temporary transfer of the athlete to other employer, according to the article 348 ⁴ shopping Mall Russian Federation, is allowed for the term which is not exceeding one year and only if the employer has no opportunity to provide his participation in competitions. Such transfer can be made in coordination between employers and from the written consent of the athlete. At refusal of the athlete of a temporary transfer to other employer the signed labor continues to work owing to which the employer is obliged to provide participation of the athlete in training and other actions for preparation for sports competitions.

the Contents of urgent labor which is signed between the athlete and the employer in a place of temporary job, decide according to standards of article 57 of shopping Mall Russian Federation, providing general provisions on contents of labor , and also standards of the article 348 ² and parts of the fifth article 348 ¹⁰ by shopping Mall Russian Federation, regulating the conclusion and conditions of employment on athletes.

At a temporary transfer of the athlete to other employer change of labor function of the athlete determined by originally signed labor , is not allowed. On sense of part of the fourth article 72 ¹ shopping Mall Russian Federation, is forbidden to transfer the athlete to the work contraindicated to it on a state of health.

17. In case after the term of a temporary transfer to other employer the athlete continues to work for the employer in a place of temporary job and neither the athlete, nor the employer in a place of temporary job, the employer with whom the labor is originally signed, the termination of labor , concluded for a temporary transfer, and renewal originally signed labor do not demand, originally signed labor stops (part seventh of the article 348 ⁴ shopping Mall Russian Federation) from next working day after a calendar expiration date of term of a temporary transfer on the basis provided by point of the 5th part one of article 77 of shopping Mall Russian Federation (the translation of the worker at his request or from his consent to work to other employer or transition to elective work (position).

Action of labor , concluded for a temporary transfer, lasts for the term determined by the agreement of the parties. If the athlete continues work after expiration of labor , concluded for a temporary transfer, in the absence of the agreement with the employer about the term for which action of these labor lasts, on the basis of part of the fourth article 58 of shopping Mall Russian Federation the labor is considered the prisoner for an indefinite term.

18. Owing to norms of parts of the third and sixth article 348 ⁴ shopping Mall Russian Federation after the term of a temporary transfer to other employer, and also at the early termination of labor , the athlete put for a temporary transfer to other employer on any of the bases provided by shopping Mall Russian Federation, originally signed labor works in full volume (both for the worker, and for the employer) from next working day after calendar date which the termination of labor , concluded for a temporary transfer contacts. The initial labor which action is resumed, can be stopped on the bases provided by shopping Mall Russian Federation.

According to part of the third article 348 ⁴ shopping Mall Russian Federation for a temporary transfer of the athlete to other employer action originally signed labor stops, but the current of its term does not interrupt. After the specified period, and also at the early termination of labor , the athlete put for a temporary transfer to other employer on any of the bases provided by shopping Mall Russian Federation, originally signed labor works in full volume (part the third and sixth articles 348 ⁴ with shopping Mall Russian Federation), including regarding a condition about its term, defined by the parties at the conclusion of these labor . The period on which it was suspended originally signed labor , is set off in the length of service granting the right for annual paid vacations (shopping Mall Russian Federation article 121).

19. The athlete, the trainer as it is established by the article 348 ⁷ to shopping Mall Russian Federation, have the right to work part-time at other employer as the athlete or the trainer only with the permission of the employer on a primary place of employment. In the period of a temporary transfer of the athlete to other employer the work permit in combination needs to be received as at the employer in a place of temporary job, and at the employer with whom the labor is originally signed.

the Restriction provided by the article 348 ⁷ by shopping Mall Russian Federation, is applied only in case of work of the athlete, the trainer in combination also as the athlete or the trainer, i.e. performance of labor function of the athlete or the trainer. Other part-time job does not demand obtaining permission of the employer on a primary place of employment.

in case of the conclusion of labor about a part-time job with violation of requirements of the article 348 ⁷ shopping Mall Russian Federation such is subject to the termination on the basis provided by point of the 11th part one of article 77 of shopping Mall Russian Federation (violation established to shopping Mall Russian Federation or other federal law of rules of the conclusion of labor if this violation excludes possibility of further work).

20. The provisions of shopping Mall Russian Federation defining cases and an order of the conclusion of employment with persons aged till eighteen years, and also conditions of use of their work, are applied to the labor relations with athletes aged till eighteen years with the features established by the article 348 ⁸ to TK RF.<"150>" by

the Conclusion of labor with the athlete, fourteen years which have not reached age (including in case of a temporary transfer of the athlete to other employer), according to parts of the fifth and sixth article 348 ⁸ shopping Mall Russian Federation, is allowed with the consent of one of parents (trustee), and also with the permission of guardianship and guardianship body. implementation of protection of the rights and legitimate interests of the child is assigned by point 1 of article 56 Federal law of the Russian Federation of 29 December 1995 No. 223-FZ "On the Family Code of the Russian Federation", or other organizations, including in the organization for orphan children and children without parental support to whom trustees are not appointed, owing to point 4 of article 35 Federal law of the Russian Federation of 30 November 1994 No. 51-FZ "On the Civil Code of the Russian Federation" (further - the Civil Code of the Russian Federation), is assigned to the specified organizations.

Part of the fifth article 348 ⁸ shopping Mall Russian Federation provided delivery by body of guardianship and guardianship of permission to the conclusion of labor with the athlete who has not reached age of fourteen years, on the basis of the preliminary medical examination which order of carrying out is defined by the representative Government of the Russian Federation federal executive authority (Ministry of Health of the Russian Federation). In permission to the conclusion of labor with the athlete who has not reached age of fourteen years, the most admissible duration of daily work of this athlete and other conditions in which it can perform work without prejudice to the health and moral development are specified.

the Labour on behalf of the athlete who has not reached age of fourteen years, is signed by his parent or the person, it replacing.

Duration of daily work for the athletes who have not reached age of eighteen years, can be established by collective , agreements, local regulations (part second of the article 348 ⁸ shopping Mall Russian Federation) with excess of limit duration of the daily work (change) provided by part one of article 94 of shopping Mall Russian Federation for workers aged till eighteen years (5 hours for workers aged from fifteen till sixteen years and 7 hours for workers aged from sixteen till eighteen years), but on condition of observance of limit weekly duration of the working hours established for such workers by part one of article 92 of shopping Mall Russian Federation (24 hours per week for workers aged till sixteen years and 35 hours per week for workers aged from sixteen till eighteen years).

Duration of working hours of athletes who are trained in the organizations which are carrying out educational activity, and work within academic year in free time from education, according to part of the fourth article 92 of shopping Mall Russian Federation, cannot exceed a half of the norms established by part one of this article for persons of the corresponding age.

Cases and a direction order in official journeys, attraction to overtime work, work at night, in output and non-working holidays of the athletes who have not reached age of eighteen years, can be established by collective , agreements, local regulations, the labor (part third of the article 348 ⁸ shopping Mall Russian Federation).

excess by the athlete who has not reached age of eighteen years, maximum permissible norms of loadings when lifting and moving weights manually. Such norms of loadings are established according to shopping Mall Russian Federation article 265 the resolution of the Ministry of Labour and social development Russian Federation of April 7, 1999 N 7 "About the statement of Norms of maximum permissible loadings for persons is younger than eighteen years when lifting and moving weights manually". Excess of the specified norms of loadings by the athlete who has not reached age of eighteen years, is possible during participation in sporting events if it is necessary according to the plan of training of the athlete to sports competitions and applied loadings are not forbidden it on a state of health according to medical certificate.

21. In the period of temporary disability of the athlete owing to the sports trauma got by it at fulfillment of duties on the labor , the employer, according to part of the third article 348 ¹⁰ shopping Mall Russian Federation, is obliged to make at the expense of own means to the athlete surcharge to temporary disability benefit to the amount of average earnings in a case when the size of the provided grant below average earnings of the athlete and the difference between the size of the specified grant and the amount of average earnings does not become covered by insurance on additional the athlete, carried out by the employer.

By consideration of disputes on implementation by the employer of the specified should recognize that a sports trauma any mutilation or other damage of health connected with sports activity if entailed damage of health of action were carried out by the athlete within performance assigned to it the labor duties on preparation for sports competitions and participation in sports competitions is.

Temporary disability of the athlete attracting approach of a duty of the employer on implementation of , specified regarding the third article 348 ¹⁰ shopping Mall Russian Federation, can be caused not only the sports trauma got by the athlete at fulfillment of duties on the labor , but also the occupational disease connected with sports activity.

22. Owing to part of the fourth article 348 ¹⁰ shopping Mall Russian Federation the non-inclusion the employer of the athlete in the application for participation in sports competition in any reasons including because the athlete does not meet the requirements established by the organizer of sports competition, is not the basis for decrease the athlete. In the specified cases the employer is obliged to provide participation of the athlete in training and other actions for preparation for sports competitions and has no right to enter concerning the athlete an idle time mode (a temporary suspension of work) or otherwise to discharge it of preparation for sports competitions. In the same cases provisions of articles 155, 157 of shopping Mall Russian Federation, regulating compensation are not applied at non-performance of norms of work, non-execution of labor (official) duties and idle time payment, and is paid to the athlete in full.

23. Conditions about additional guarantees and compensations which on the basis of part of the fifth article 348 ¹⁰ shopping Mall Russian Federation are established to athletes and trainers by collective , agreements, local regulations, employment besides guarantees and compensations provided by shopping Mall Russian Federation (about carrying out recovery actions for improvement of health of the athlete, about guarantees to the athlete in case of his sports disqualification, etc.) and also included in labor conditions of civil character about granting to the athlete, the trainer of premises, monetary , etc. are subject to performance by the employer (part second of article 22 of shopping Mall Russian Federation).

By consideration of athletes, coachs on the requirements connected with granting additional guarantees and compensations, and also with implementation of other monetary , granting property, performance of other conditions of labor , to it is necessary to check observance of requirements of the legislation and other regulations at inclusion of these conditions in the labor .

, having established violation by conditions of labor requirements of the legislation, other regulations, including an all-legal principle of inadmissibility of abuse of the right (shopping Mall Russian Federation articles 1,2), the norms approved by the all-Russian sports federations, and also legitimate interests of the employer, other workers, other persons (for example, the owner of property of the organization), having the right to refuse satisfaction of the athlete, trainer to employer about collecting monetary , granting property, performance of other conditions of labor or to satisfy not in full.

Motives for which came to a conclusion about refusal in satisfaction of or about its partial satisfaction, have to be reflected in the court decision (part 4 of article 198 GPK Russian Federation).

24. According to the article 348 ¹¹ shopping Mall Russian Federation besides the bases of the termination of labor , provided by shopping Mall Russian Federation and other federal laws, the labor with the athlete can be stopped in cases of his sports disqualification for the term of six and more than months (point 1 of the article 348 ¹¹ by shopping Mall Russian Federation), and also violations by the athlete, including single, the all-Russian anti-doping rules and (or) the anti-doping rules approved by the international anti-doping organizations, recognized violation according to the decision of the relevant anti-doping organization (point 2 of the article 348 ¹¹ shopping Mall Russian Federation).

sports disqualification of the athlete according to point 14 of article 2 Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation" is understood as discharge of the athlete from participation in sports competitions which is carried out by the international sports federation on the corresponding sport or the all-Russian sports federation on the corresponding sport for sport violation of the rules, or provisions (regulations) of sports competitions, either anti-doping rules, or the norms approved by the international sports organizations, or the norms approved by the all-Russian sports federations.

the Right to debar athletes from sports competitions did not allocate the local and regional sports federations which concept is given in article 13 Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation".

Sports disqualification for the term of less than six months is not the basis of the termination of labor with the athlete on point 1 of the article 348 ¹¹ TK RF.<"182>"

the Dope sports violation of the anti-doping rule, including use or attempt of use of substance and (or) the method, the substances included in lists and (or) the methods forbidden for use in sports (part 1 of article 26 Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation").

Anti-doping rules contain, in particular, in the International convention on fight against a dope in the sports, the accepted General conference of UNESCO at the 33rd session in Paris on October 19, 2005 and ratified by the Federal law of December 27, 2006 N 240-FZ "About ratification of the International convention on fight against a dope in sports" (further - the International convention on fight against a dope in sports), in the World anti-doping code adopted by Agency on March 5, 2003 in Copenhagen and included in addition of 1 to the called convention, and also in the All-Russian anti-doping rules approved by the order Ministry of Sport of the Russian Federation from June 18, 2015 N 638, and as carrying out the drug test, approved by the order Ministry sports, tourism and youth policy Russian Federation of May 13, 2009 of N 293.<"184>"

Violation of the anti-doping rule are one or several violations from among specified in article 2 of the International convention about fight against a dope in sports and regarding 3 articles 26 Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation", for example, refusal of the athlete to be on a test capture, absence of the athlete on a test capture without valid excuse after obtaining the notice according to anti-doping rules or evasion otherwise the athlete from a test capture; falsification or attempt of falsification of an element of a drug test; distribution of the forbidden substance and (or) the forbidden method.

25. Provided by the article 348 ¹¹ shopping Mall Russian Federation of basis of the termination of labor with the athlete according to part of the second article 192 of shopping Mall Russian Federation treat disciplinary punishments in this connection the employer at the termination of labor with the athlete on these bases is obliged to observe an order and terms of application of the disciplinary punishments, established by shopping Mall Russian Federation article 193.

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26. The labor with the trainers-teachers of the educational organizations performing educational and training and educational work with being trained, pupils, besides the bases, provided shopping Mall Russian Federation (article 77, 81, 83, 84) and other federal laws, can be stopped on the additional bases of the termination of labor with pedagogical workers: in case of repeated within one year of rough violation of the charter of the organization which is carrying out educational activity (point 1 of article 336 of shopping Mall Russian Federation), and also in case of application, including single, the methods of education connected with physical and (or) mental abuse over the identity of being trained, the pupil (point 2 of article 336 of shopping Mall Russian Federation).

27. According to article 348 ¹² shopping Mall Russian Federation the athlete, the trainer have the right to dissolve the labor on the initiative (at own will), having warned about it the employer in writing not later than one month. The exception is made by cases of the conclusion of labor for the term of less than four months when the athlete, the trainer has the right to dissolve the labor , having warned about it the employer not later than two weeks (part one of article 80 of shopping Mall Russian Federation).

the Norms approved by the all-Russian sports federations on corresponding to a look or sports, for separate categories of athletes, trainers transition restrictions (a transition condition) in other sports clubs or other sports and sports organizations providing terms of the prevention of transition, exceeding one month (part second of the article 348 ¹² shopping Mall Russian Federation, point 5 of part 1 of article 16 Federal law of the Russian Federation of 4 December 2007 No. 329-FZ "On Physical Culture and Sport in the Russian Federation") can be set. Duration of term of the prevention of cancellation of labor at the initiative of the athlete, the trainer (at own will), relating to categories for which such terms are established, according to part of the second article 348 ¹² is defined by shopping Mall Russian Federation in the labor according to the norms approved by the all-Russian sports federations on corresponding to a look or sports.

the List of sports for which the all-Russian sports federations on corresponding to a look or sports have the right to approve the norms setting restrictions of transition (a transition condition) separate categories of athletes, trainers in other sports clubs or other sports and sports organizations, is approved by the order Ministry of Sport of the Russian Federation of May 23, 2014 of N 346.<"198>"

28. Owing to part of the third article 348 ¹² shopping Mall Russian Federation in the labor with the athlete can be provided a condition about a duty of the athlete to make in favor of the employer monetary in case of cancellation of labor at the initiative of the athlete (at own will) without valid excuse, and also in case of cancellation of labor at the initiative of the employer on the bases which belong to disciplinary punishments (part third of article 192 of shopping Mall Russian Federation).

the Article 348 ¹² shopping Mall Russian Federation did not provide possibility of inclusion of a condition about a duty to make in favor of the employer the specified monetary in the labor with the trainer.

to Vessels at settlement of disputes about collecting in favor of the employer from the athlete who has dissolved the labor , monetary , called regarding the third article 348 ¹² shopping Mall Russian Federation, it is necessary to consider as good reasons of cancellation of labor the athlete provided regarding the third article 80 of shopping Mall Russian Federation cases of cancellation of labor at the initiative of the worker in connection with impossibility of continuation of work by it at which the employer is obliged to dissolve the labor in time, specified in the statement of the worker. The established violation by the employer of the labor legislation and other regulations containing standards of the labor law, local regulations, conditions of collective , agreements or labor , need of implementation of care of the sick family member according to medical certificate, loss by sports club, other sports and sports organization of the professional status, etc., in particular.

Respectfulness of the reasons of cancellation of labor the athlete at own will is established by proceeding from concrete facts of the case, conditions of labor and taking into account the norms approved by the all-Russian sports federations on corresponding to a look or sports, athletes of restriction of transition providing for separate categories (a transition condition) in other sports clubs or other sports and sports organizations.

29. According to part of the fourth article 348 ¹² shopping Mall Russian Federation the amount of monetary which the athlete owing to the signed labor is obliged to make in favor of the employer in case of cancellation of labor at own will without valid excuse or in case of cancellation of labor at the initiative of the employer in connection with commission by the athlete of a minor offense, is defined by the labor . The maximum amount of the specified monetary is not established to shopping Mall Russian Federation.

By hearing of cases according to requirements about collecting monetary , provided regarding the third article 348 ¹² shopping Mall Russian Federation, to it is necessary to check validity of its size determined by the labor , based on provisions of article 1 of shopping Mall Russian Federation about protection of the rights and interests of workers and employers as one of the purposes of the labor legislation and on reference to number of the main objectives of the labor legislation of creation of necessary legal conditions for achievement of optimum coordination of interests of the parties of the labor relations.

If by it will be established that at inclusion in the labor conditions about the amount of monetary which the athlete is obliged to make in favor of the employer in specified regarding the third article 348 ¹² shopping Mall Russian Federation cases, violation of provisions of articles 1 and 2 of shopping Mall Russian Federation, is allowed has the right to reduce the size of this of . At making decision on the amount of monetary , subject to collecting from the athlete in favor of the employer, to it is necessary to consider the actual facts of the case, including the maintenance of conditions of labor about the size of compensation and other , due to the athlete, duration of the period of work of the athlete, time remaining before expiration of urgent labor , the reasons of cancellation of labor , possible losses of the employer and need of the invitation to work of other person owing to leaving of the athlete from the planned schedule of sports competitions, etc.

Motives for which came to a conclusion about reduction of the amount of monetary which the athlete is obliged to make in favor of the employer in the cases specified regarding the third article 348 ¹² by shopping Mall Russian Federation, have to be reflected in the court decision (part 4 of article 198 GPK Russian Federation).

30. Due to the adoption of the present resolution in point 52 of the resolution of Plenum Supreme Court of the Russian Federation of March 17, 2004 N 2 "About application by courts Russian Federation Federal law of the Russian Federation of 30 December 2001 No. 197-FZ "On the Labor Code of the Russian Federation"" (in edition of the resolution of Plenum of December 28, 2006 N 63 with changes and the addition made by the resolution of Plenum from September 28, 2010) to exclude words"; the athlete in cases of sports disqualification for the term of six and more than months, and also use, including single, doping means and (or) the methods, the doping in the order established according to the federal law" and words", the article 348 ¹¹ ".

Chairman Supreme Court of the Russian Federation

Lebedev V.

Secretary Plenuma,

judge Verkhovnogo of

Russian Federation

Momotov V.