The review presents court decisions on disputes on remuneration in local acts and employment contracts, on the timing of salary payments, etc.
审查报告介绍了法院对地方法案和雇用合同中有关薪酬、工资支付时间等争议的裁决。
{"title":"Jurisprudence: pay","authors":"Y. Zhizherina","doi":"10.33920/pol-2-2311-06","DOIUrl":"https://doi.org/10.33920/pol-2-2311-06","url":null,"abstract":"The review presents court decisions on disputes on remuneration in local acts and employment contracts, on the timing of salary payments, etc.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139233262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Every employee has the right to work in conditions that meet the requirements of labor protection. But is the current labor protection system capable of sufficiently protecting workers from the dangers associated with the specifics of remote work? The article studies several current regulations in the field of labor protection of remote workers. The new edition of section X of the Labor Code of the Russian Federation was also analyzed, in which the legislator not only «reformatted» existing norms, but also introduced completely new norms, in particular, the possibility of electronic document management. Many amendments have caused a mixed reaction in the legal community. Thus, the analysis of the labor legislation of the last period allows us to conclude that there is a need for more thorough study and preparation of legislative drafts, as well as the inclusion of an increasing number of experts in the relevant field of law in the discussion of planned changes.
{"title":"On the issue of labor protection of remote workers","authors":"E.A. Murzina, V.Ts. Tsyrendashieva","doi":"10.33920/pol-2-2311-03","DOIUrl":"https://doi.org/10.33920/pol-2-2311-03","url":null,"abstract":"Every employee has the right to work in conditions that meet the requirements of labor protection. But is the current labor protection system capable of sufficiently protecting workers from the dangers associated with the specifics of remote work? The article studies several current regulations in the field of labor protection of remote workers. The new edition of section X of the Labor Code of the Russian Federation was also analyzed, in which the legislator not only «reformatted» existing norms, but also introduced completely new norms, in particular, the possibility of electronic document management. Many amendments have caused a mixed reaction in the legal community. Thus, the analysis of the labor legislation of the last period allows us to conclude that there is a need for more thorough study and preparation of legislative drafts, as well as the inclusion of an increasing number of experts in the relevant field of law in the discussion of planned changes.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"44 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139234335","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The welfare State should ensure the functioning of the mechanism for the protection of social security rights. The adoption of a codified act in the field of social security is one of the important issues of systematization and establishment of benefits, guarantees in this area, the development of a common approach to the protection of social security rights. An analysis of the legislative experience of the EAEU countries regarding the codification of this legislation, as well as mechanisms for the protection of such rights, can serve as a basis for the development of the Russian Code. The study of the legislative provisions regulating the activities of the social protection inspector in the Republic of Kazakhstan can serve as a basis for optimizing legislation in this area in the Russian Federation and the implementation of regulations on the powers of the social protection inspector.
{"title":"Mechanism for the protection of social security rights in Russia and some EAEU countries","authors":"A. Gusev, E.S. Batusova","doi":"10.33920/pol-2-2311-05","DOIUrl":"https://doi.org/10.33920/pol-2-2311-05","url":null,"abstract":"The welfare State should ensure the functioning of the mechanism for the protection of social security rights. The adoption of a codified act in the field of social security is one of the important issues of systematization and establishment of benefits, guarantees in this area, the development of a common approach to the protection of social security rights. An analysis of the legislative experience of the EAEU countries regarding the codification of this legislation, as well as mechanisms for the protection of such rights, can serve as a basis for the development of the Russian Code. The study of the legislative provisions regulating the activities of the social protection inspector in the Republic of Kazakhstan can serve as a basis for optimizing legislation in this area in the Russian Federation and the implementation of regulations on the powers of the social protection inspector.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139228754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article examines the place of self-protection of labor rights by employees in Russian labor law. Particular attention is paid to the isolation of the institute of self- protection from the basic principles of labor law, which entails a number of law enforcement problems. In this regard, proposals are being put forward for the harmonization and development of this method of protecting employees’ labor rights.
{"title":"Legal bases of self-protection of labor rights by employees","authors":"I.S. Zolotov","doi":"10.33920/pol-2-2311-04","DOIUrl":"https://doi.org/10.33920/pol-2-2311-04","url":null,"abstract":"The article examines the place of self-protection of labor rights by employees in Russian labor law. Particular attention is paid to the isolation of the institute of self- protection from the basic principles of labor law, which entails a number of law enforcement problems. In this regard, proposals are being put forward for the harmonization and development of this method of protecting employees’ labor rights.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139232726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The problematic aspects of providing compensation for the employees who work on the days off, especially of the assessment of compensation, are being under research in the article. The authors give consideration to the certain issues of the remuneration of labour for the work on the days off in case of providing an another non-working day, payment structure, multiplicity factor. As a result of the research the authors conclude that current problems in the law enforcement process are caused by the controversial position of the Constitutional court of the Russian Federation concerning the described issue.
{"title":"Remuneration of labour for the work on the days off: law enforcement issues","authors":"N. Salikova, E. Batukhtina","doi":"10.33920/pol-2-2311-02","DOIUrl":"https://doi.org/10.33920/pol-2-2311-02","url":null,"abstract":"The problematic aspects of providing compensation for the employees who work on the days off, especially of the assessment of compensation, are being under research in the article. The authors give consideration to the certain issues of the remuneration of labour for the work on the days off in case of providing an another non-working day, payment structure, multiplicity factor. As a result of the research the authors conclude that current problems in the law enforcement process are caused by the controversial position of the Constitutional court of the Russian Federation concerning the described issue.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139232930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The state of health of an employee, which entails the onset of legally significant consequences for labor relations, must be certified by a medical conclusion. At the same time, the concept of «medical conclusion» is not defined at the legislative level and, as a result of assessing the state of health, may be contained in different documents. This circumstance entails difficulties in law enforcement, and the blurred outline of the content detracts from the significance of the notion for the world of work. The request for certainty can be satisfied by summarizing law enforcement practice and formulating clarifications at the level of the Supreme Court of the Russian Federation, as well as alteration the provisions of labor legislation.
{"title":"The notion of «medical report», its importance and application in the field of labor","authors":"S.V. Paramonova","doi":"10.33920/pol-2-2311-01","DOIUrl":"https://doi.org/10.33920/pol-2-2311-01","url":null,"abstract":"The state of health of an employee, which entails the onset of legally significant consequences for labor relations, must be certified by a medical conclusion. At the same time, the concept of «medical conclusion» is not defined at the legislative level and, as a result of assessing the state of health, may be contained in different documents. This circumstance entails difficulties in law enforcement, and the blurred outline of the content detracts from the significance of the notion for the world of work. The request for certainty can be satisfied by summarizing law enforcement practice and formulating clarifications at the level of the Supreme Court of the Russian Federation, as well as alteration the provisions of labor legislation.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139232185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The question of the legality of the payment of the premium does not subside in law enforcement practice. The reason for this is the incorrect wording of local regulations. The Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation delimited Article 135 of the Labor Code of the Russian Federation and Article 191 of the Labor Code of the Russian Federation. If these payments are of a regular nature and are accrued for the performance of indicators previously approved by the employer, then they are recognized by the courts as a guaranteed payment. In other cases, the bonus may be a one-time payment in accordance with Part 1 of Article 191 of the Labor Code of the Russian Federation. No matter how the employer tries to disguise the bonus, the courts will establish the legal nature of incentive payments during the dispute resolution process.
{"title":"To the question of bonuses (current legal positions The Constitutional Court of the Russian Federation and Supreme Court of the Russian Federation)","authors":"E. Kozina","doi":"10.33920/pol-2-2307-05","DOIUrl":"https://doi.org/10.33920/pol-2-2307-05","url":null,"abstract":"The question of the legality of the payment of the premium does not subside in law enforcement practice. The reason for this is the incorrect wording of local regulations. The Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation delimited Article 135 of the Labor Code of the Russian Federation and Article 191 of the Labor Code of the Russian Federation. If these payments are of a regular nature and are accrued for the performance of indicators previously approved by the employer, then they are recognized by the courts as a guaranteed payment. In other cases, the bonus may be a one-time payment in accordance with Part 1 of Article 191 of the Labor Code of the Russian Federation. No matter how the employer tries to disguise the bonus, the courts will establish the legal nature of incentive payments during the dispute resolution process.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123526853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Over the past five years, due to a number of circumstances (epidemiological situation, foreign policy situation), some organizations have undergone reorganization or even been liquidated. Some foreign companies closed branches and left the Russian market. For several thousand employees, this means losing their jobs and therefore their livelihoods. The article analyzes the issue of restoring employees to their previous workplaces, and also proposes options for actions that allow the employee to solve this problem.
{"title":"Reinstatement: Worker Action Options","authors":"A. I. Filimonova, A. Koroleva","doi":"10.33920/pol-2-2307-03","DOIUrl":"https://doi.org/10.33920/pol-2-2307-03","url":null,"abstract":"Over the past five years, due to a number of circumstances (epidemiological situation, foreign policy situation), some organizations have undergone reorganization or even been liquidated. Some foreign companies closed branches and left the Russian market. For several thousand employees, this means losing their jobs and therefore their livelihoods. The article analyzes the issue of restoring employees to their previous workplaces, and also proposes options for actions that allow the employee to solve this problem.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121357306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article analyzes the content of the category “review from leave”, the procedure and timing of the review; a conclusion is made about the legal consequences of the employee’s refusal to go to work when recalled from leave, ab leave, mounts of money due to the employee when recalled from leave.
{"title":"On the issue of recalling an employee from leave","authors":"Y. Novikova","doi":"10.33920/pol-2-2307-04","DOIUrl":"https://doi.org/10.33920/pol-2-2307-04","url":null,"abstract":"The article analyzes the content of the category “review from leave”, the procedure and timing of the review; a conclusion is made about the legal consequences of the employee’s refusal to go to work when recalled from leave, ab leave, mounts of money due to the employee when recalled from leave.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133412205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article discusses the use of digital technologies in employment. The prospects for the introduction of artificial intelligence in the field of labor are analyzed. Proposals are being made for the legislative consolidation of certain aspects.
{"title":"The role of artificial intelligence in employment: problems and prospects of use","authors":"I. Shuvalova","doi":"10.33920/pol-2-2307-01","DOIUrl":"https://doi.org/10.33920/pol-2-2307-01","url":null,"abstract":"The article discusses the use of digital technologies in employment. The prospects for the introduction of artificial intelligence in the field of labor are analyzed. Proposals are being made for the legislative consolidation of certain aspects.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117087391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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