V. Senchenko, T. Kaverzneva, E. Staseva, Z. A. Kurbanova
The article presents a historical chronology of changes in the requirements for labor protection instructions. The authors provide a legislative overview of the current regulatory legal acts that currently regulate the legal status of labor protection instructions. Modern approaches to providing instructions on labor protection at workplaces in a digital format are considered, and also conceptual directions of development of instructions on labor protection (local normative legal acts) for ensuring labor safety at the enterprise in the conditions of digital transformation of society are proposed.
{"title":"Guidelines for Occupational Safety in the Digital Economy","authors":"V. Senchenko, T. Kaverzneva, E. Staseva, Z. A. Kurbanova","doi":"10.33920/pol-2-2112-07","DOIUrl":"https://doi.org/10.33920/pol-2-2112-07","url":null,"abstract":"The article presents a historical chronology of changes in the requirements for labor protection instructions. The authors provide a legislative overview of the current regulatory legal acts that currently regulate the legal status of labor protection instructions. Modern approaches to providing instructions on labor protection at workplaces in a digital format are considered, and also conceptual directions of development of instructions on labor protection (local normative legal acts) for ensuring labor safety at the enterprise in the conditions of digital transformation of society are proposed.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121229608","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}
In this material, the author will answer the following question: what is the procedure for taxation (personal income tax, insurance premiums) of payments under an employment contract in favor of an employee — a citizen of the Russian Federation, a non-resident of the Russian Federation working in a Russian organization under an employment contract remotely, being outside the Russian Federation (China)?
{"title":"Payments under an employment contract to an employee working remotely outside the Russian Federation","authors":"O. Koreneva","doi":"10.33920/pol-2-2112-04","DOIUrl":"https://doi.org/10.33920/pol-2-2112-04","url":null,"abstract":"In this material, the author will answer the following question: what is the procedure for taxation (personal income tax, insurance premiums) of payments under an employment contract in favor of an employee — a citizen of the Russian Federation, a non-resident of the Russian Federation working in a Russian organization under an employment contract remotely, being outside the Russian Federation (China)?","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115164283","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}
If a labor inspector has granted your company, then he can check not only personnel documentation, but also labor protection documents. Practice shows that about 50% of fines are issued by the labor inspector precisely for violations of labor protection requirements. Even if the organization is not engaged in production and only office workers work in it, labor protection cannot be done without it. Let's see what the inspector checks anyway.
{"title":"What the labor safety inspector will check","authors":"Yu. Zhizherina","doi":"10.33920/pol-2-2111-05","DOIUrl":"https://doi.org/10.33920/pol-2-2111-05","url":null,"abstract":"If a labor inspector has granted your company, then he can check not only personnel documentation, but also labor protection documents. Practice shows that about 50% of fines are issued by the labor inspector precisely for violations of labor protection requirements. Even if the organization is not engaged in production and only office workers work in it, labor protection cannot be done without it. Let's see what the inspector checks anyway.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123490099","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 pandemic of the new coronavirus infection COVID-19 highlighted many problems of Russia's economic development, including the problem of gender inequality and violation of women's rights in the field of work and employment. It is obvious that in case of difficulties in overcoming this problem by internal forces, it is advisable to turn to foreign and international experience, and especially to the experience of other post-Soviet states. English version of the article is available at URL:https://panor.ru/articles/legal-instruments-to-overcome-labour-discrimination-against-women-in-the-states-of-the-former-soviet-union-experience-and-prospects/76957.html
{"title":"Legal instruments for overcoming labour discrimination against women in the States of the former USSR: Experience and perspectives","authors":"K. V. Vasilyeva","doi":"10.33920/pol-2-2111-02","DOIUrl":"https://doi.org/10.33920/pol-2-2111-02","url":null,"abstract":"The pandemic of the new coronavirus infection COVID-19 highlighted many problems of Russia's economic development, including the problem of gender inequality and violation of women's rights in the field of work and employment. It is obvious that in case of difficulties in overcoming this problem by internal forces, it is advisable to turn to foreign and international experience, and especially to the experience of other post-Soviet states. English version of the article is available at URL:https://panor.ru/articles/legal-instruments-to-overcome-labour-discrimination-against-women-in-the-states-of-the-former-soviet-union-experience-and-prospects/76957.html","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"16 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114207918","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}
Decisions of the bodies dealing with individual labor disputes on the reinstatement of illegally dismissed employees are always accompanied by a decision to recover payment for the time of forced absenteeism. This article deals with the problems of determining the legal nature of such payment. Such payment is considered both from the point of view of the remedy of violated labor law and from the point of view of material liability of the employer. In this aspect, the article addresses the issues of what should be the basis for the recovery of such payment, what conditions should be met, how the period of forced absenteeism should be calculated.
{"title":"Legal nature of payment of forced absenteeism in case of unlawful dismissal","authors":"K. Belozerova","doi":"10.33920/pol-2-2111-01","DOIUrl":"https://doi.org/10.33920/pol-2-2111-01","url":null,"abstract":"Decisions of the bodies dealing with individual labor disputes on the reinstatement of illegally dismissed employees are always accompanied by a decision to recover payment for the time of forced absenteeism. This article deals with the problems of determining the legal nature of such payment. Such payment is considered both from the point of view of the remedy of violated labor law and from the point of view of material liability of the employer. In this aspect, the article addresses the issues of what should be the basis for the recovery of such payment, what conditions should be met, how the period of forced absenteeism should be calculated.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130312021","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 is devoted to the analysis of the actual admission to work as a legal fact, its characteristics and the legal consequences of this action for the employee and the employer, both explicitly indicated in special norms, and follows from the interpretation of other norms of labor legislation, including the obligations of the employer and liability for their violation; There is a gap in the rules of labor legislation regarding the definition of an authorized representative of the employer, the legal consequences of admission to work by an unauthorized person are examined, procedural issues about the distribution of the burden of proof and court costs are considered.
{"title":"To the question of the actual admission of the employee to work","authors":"J. Novikova","doi":"10.33920/pol-2-2110-04","DOIUrl":"https://doi.org/10.33920/pol-2-2110-04","url":null,"abstract":"The article is devoted to the analysis of the actual admission to work as a legal fact, its characteristics and the legal consequences of this action for the employee and the employer, both explicitly indicated in special norms, and follows from the interpretation of other norms of labor legislation, including the obligations of the employer and liability for their violation; There is a gap in the rules of labor legislation regarding the definition of an authorized representative of the employer, the legal consequences of admission to work by an unauthorized person are examined, procedural issues about the distribution of the burden of proof and court costs are considered.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129386523","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}
This article provides an analysis of the jurisprudence concerning the discriminatory nature of a fixed-term employment contract with a particular employee, while other employees in a similar position are subject to indefinite employment contracts.
{"title":"Discrimination in atypical employment in the context of fixed-term employment contracts","authors":"D. Akhmetyanov","doi":"10.33920/pol-2-2110-06","DOIUrl":"https://doi.org/10.33920/pol-2-2110-06","url":null,"abstract":"This article provides an analysis of the jurisprudence concerning the discriminatory nature of a fixed-term employment contract with a particular employee, while other employees in a similar position are subject to indefinite employment contracts.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123974898","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}
In the article, on the basis of the norms of the Labor Code of the Russian Federation, the doctrine of modern labor law, an analysis of the Tripartite sectoral agreement on organizations in the field of physical culture and sports was carried out, and proposals for its improvement were formulated.
{"title":"Federal Physical Industry Agreement Culture and Sports: Controversial Provisions","authors":"A. Petrov","doi":"10.33920/pol-2-2110-08","DOIUrl":"https://doi.org/10.33920/pol-2-2110-08","url":null,"abstract":"In the article, on the basis of the norms of the Labor Code of the Russian Federation, the doctrine of modern labor law, an analysis of the Tripartite sectoral agreement on organizations in the field of physical culture and sports was carried out, and proposals for its improvement were formulated.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"556 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131696325","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 presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.
{"title":"Application of civil law in the regulation of labour relations","authors":"A. Mayfat, M. A. Zhiltsov","doi":"10.33920/pol-2-2110-03","DOIUrl":"https://doi.org/10.33920/pol-2-2110-03","url":null,"abstract":"The article presents an analysis of situations in which civil law is applied in the regulation of labor relations. The authors note that civil law is applied in the regulation of labor relations in several cases. The most common situation is the reference rules provided for by the Labor Code of the Russian Federation itself, which directly provides for situations in which the courts can apply civil law rules when regulating labor relations. In some cases, if there is a gap in law, the courts apply the norms of the Civil Code of the Russian Federation when considering labor disputes, filling the gaps in the regulation of labor relations. In a number of cases, the Labor Code of the Russian Federation adopted civil law structures, although in this case it is no longer possible to talk about the application of civil law norms, since in the case of transferring these structures to the Labor Code of the Russian Federation, they become labor law norms. Also, in practice, there are situations when, simultaneously with labor relations, other relations arise, including civil law relations. In these cases, the courts also apply civil law. The authors describe these situations, give examples from judicial practice, and also propose ways to solve the defects arising in the regulation of labor relations.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132330594","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}
A peculiarity of pension relations is that the right to a pension should actually arise before the appointment of a pension, that is, before the emergence of a pension legal relationship. Insurance pensions are fully covered by this provision. This indicates not only the connection between pension and labor relations, but also that qualitative and quantitative indicators of labor should be reflected in the employee's pension rights.
{"title":"Problems of forming the right to an insurance pension","authors":"I. Mamatkazin","doi":"10.33920/pol-2-2110-09","DOIUrl":"https://doi.org/10.33920/pol-2-2110-09","url":null,"abstract":"A peculiarity of pension relations is that the right to a pension should actually arise before the appointment of a pension, that is, before the emergence of a pension legal relationship. Insurance pensions are fully covered by this provision. This indicates not only the connection between pension and labor relations, but also that qualitative and quantitative indicators of labor should be reflected in the employee's pension rights.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"71 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130694614","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：