The article discusses the issues of qualification of the behavior of social partners as legal, and offers options for its mutual evaluation.
本文探讨了社会伙伴行为的合法性问题，并对其相互评价提供了选择。
{"title":"Legal behavior of social partners","authors":"V. Mironov, T. Barbashova, Dmitry Mironov","doi":"10.33920/pol-2-2307-02","DOIUrl":"https://doi.org/10.33920/pol-2-2307-02","url":null,"abstract":"The article discusses the issues of qualification of the behavior of social partners as legal, and offers options for its mutual evaluation.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"17 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":"123516544","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 review presents court decisions on disputes on the legality of the dismissal of an employee in connection with the reduction, the consequence of the employer missing the term of dismissal of an employee in connection with the reduction, transfer with reduction to a temporarily vacant position, etc.
{"title":"Jurisprudence: Reduction issues","authors":"Yu. Zhizherina","doi":"10.33920/pol-2-2307-06","DOIUrl":"https://doi.org/10.33920/pol-2-2307-06","url":null,"abstract":"The review presents court decisions on disputes on the legality of the dismissal of an employee in connection with the reduction, the consequence of the employer missing the term of dismissal of an employee in connection with the reduction, transfer with reduction to a temporarily vacant position, etc.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"52 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":"123323119","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 protection of individual labor rights of employees in the presence of a status «preponderance » of the employer. The article examines the relationship between the protection of individual labor rights of an employee and guarantees of such protection under the legislation of Russia and Kazakhstan, suggests ways to improve the list of ways to protect workers’ labor rights.
{"title":"Guarantees of protection of individual labor rights of employees in the labor legislation of Russia and Kazakhstan","authors":"B. Ospanova","doi":"10.33920/pol-2-2306-06","DOIUrl":"https://doi.org/10.33920/pol-2-2306-06","url":null,"abstract":"The article is devoted to the protection of individual labor rights of employees in the presence of a status «preponderance » of the employer. The article examines the relationship between the protection of individual labor rights of an employee and guarantees of such protection under the legislation of Russia and Kazakhstan, suggests ways to improve the list of ways to protect workers’ labor rights.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124281757","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 article, we will touch upon only one of the aspects of the legal regulation of the state civil service of the constituent entities of the Russian Federation — the remuneration of civil servants — both based on the current federal legislation and taking into account the adopted regulations of three of the new Russian territories — the DPR, LPR and Zaporizhzhya region.
{"title":"Issues of remuneration of public civil servants in new constituent entities of the Russian Federation","authors":"S. Channov","doi":"10.33920/pol-2-2306-03","DOIUrl":"https://doi.org/10.33920/pol-2-2306-03","url":null,"abstract":"In this article, we will touch upon only one of the aspects of the legal regulation of the state civil service of the constituent entities of the Russian Federation — the remuneration of civil servants — both based on the current federal legislation and taking into account the adopted regulations of three of the new Russian territories — the DPR, LPR and Zaporizhzhya region.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129504316","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 understanding the role of the circumstances of the threat to life and health in the legal system of Russia and directly in the field of labor law. The significance of the threat to life and health in the activities of state supervision over compliance with labor legislation and in the application of liability for violations of the rules of remuneration is substantiated. The Rostrud documents are critically assessed, revealing the concept of a threat to life and health through a list of possible violations of the law. In order to eliminate uncertainty in understanding the circumstances under consideration, a draft universal definition of a threat to the life and health of workers in the norms of the Labor Code of the Russian Federation is proposed.
{"title":"Circumstances of threats to life and health of workers in the labor law of Russia: concept and legal significance","authors":"V. Abalduev","doi":"10.33920/pol-2-2306-04","DOIUrl":"https://doi.org/10.33920/pol-2-2306-04","url":null,"abstract":"The article is devoted to understanding the role of the circumstances of the threat to life and health in the legal system of Russia and directly in the field of labor law. The significance of the threat to life and health in the activities of state supervision over compliance with labor legislation and in the application of liability for violations of the rules of remuneration is substantiated. The Rostrud documents are critically assessed, revealing the concept of a threat to life and health through a list of possible violations of the law. In order to eliminate uncertainty in understanding the circumstances under consideration, a draft universal definition of a threat to the life and health of workers in the norms of the Labor Code of the Russian Federation is proposed.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"10 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130047605","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 entry of an employee into an employment relationship and the exercise of labor activity is associated with the acquisition by the employee of insurance and work experience, including special work experience, the acquisition of which then becomes the basis for the emergence of social security rights, in particular, the right to a pension, an allowance, social assistance, social services. Citizens of the Russian Federation work in the post-Soviet countries, in particular, in the Republic of Belarus, Armenia, Kazakhstan, or Kyrgyzstan, which are members of the Eurasian Economic Union, an international organization of regional economic integration with international legal personality. The study of the problems of the application of the norms of social security legislation of both the Union and national jurisdictional bodies of the EAEU countries in the process of resolving social security disputes, allows us to identify conflicts, defects of this legislation, raise the question of optimizing laws, both on at the level of an international organization, as well as the legislation of the states that are members of this organization.
{"title":"Problems of protecting social security rights in countries Eurasian Economic Union: individual aspects","authors":"A. Gusev","doi":"10.33920/pol-2-2306-07","DOIUrl":"https://doi.org/10.33920/pol-2-2306-07","url":null,"abstract":"The entry of an employee into an employment relationship and the exercise of labor activity is associated with the acquisition by the employee of insurance and work experience, including special work experience, the acquisition of which then becomes the basis for the emergence of social security rights, in particular, the right to a pension, an allowance, social assistance, social services. Citizens of the Russian Federation work in the post-Soviet countries, in particular, in the Republic of Belarus, Armenia, Kazakhstan, or Kyrgyzstan, which are members of the Eurasian Economic Union, an international organization of regional economic integration with international legal personality. The study of the problems of the application of the norms of social security legislation of both the Union and national jurisdictional bodies of the EAEU countries in the process of resolving social security disputes, allows us to identify conflicts, defects of this legislation, raise the question of optimizing laws, both on at the level of an international organization, as well as the legislation of the states that are members of this organization.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122911981","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 article, the author examines the issues of judicial practice in the application of the provisions of labor legislation on termination of an employment contract at the initiative of an employee. Despite the apparent simplicity of such a procedure, litigation often reaches the Supreme Court of the Russian Federation, and is also the subject of clarifications contained in Resolutions of the Plenum and Reviews of the highest judicial body in the Russian Federation.
{"title":"Some controversial issues of termination of the employment contract at the initiative of the employee","authors":"A. Habibullina","doi":"10.33920/pol-2-2306-05","DOIUrl":"https://doi.org/10.33920/pol-2-2306-05","url":null,"abstract":"In this article, the author examines the issues of judicial practice in the application of the provisions of labor legislation on termination of an employment contract at the initiative of an employee. Despite the apparent simplicity of such a procedure, litigation often reaches the Supreme Court of the Russian Federation, and is also the subject of clarifications contained in Resolutions of the Plenum and Reviews of the highest judicial body in the Russian Federation.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127369470","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 author analyzes the issues of legal regulation of working hours of remote workers, identifies the features of the labor regime. Attention is paid to the prerequisites for the formation of transformational processes in the field of labor law and its separate institution as working time. The author analyzes judicial practice in the field of bringing remote workers to administrative responsibility
{"title":"Features of legal regulation of workers’ working time in remote work mode","authors":"S. M. Novradova-Vasiliadi","doi":"10.33920/pol-2-2306-02","DOIUrl":"https://doi.org/10.33920/pol-2-2306-02","url":null,"abstract":"The author analyzes the issues of legal regulation of working hours of remote workers, identifies the features of the labor regime. Attention is paid to the prerequisites for the formation of transformational processes in the field of labor law and its separate institution as working time. The author analyzes judicial practice in the field of bringing remote workers to administrative responsibility","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126817276","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 modern conditions, a labor contract is a form of individual labor regulation that allows you to across-the-board assess the personal abilities of an employee, personalize his labor duties, individualize, specify working conditions, including the employer’s ability to establish benefits and guarantees, in addition to those established by law. However, the analysis of law enforcement and judicial practice of concluding an employment contract allows us to talk about some problems of legal regulation that need to be solved.
{"title":"Conclusion of an employment contract: some problems","authors":"N. Sokolenko","doi":"10.33920/pol-2-2306-01","DOIUrl":"https://doi.org/10.33920/pol-2-2306-01","url":null,"abstract":"In modern conditions, a labor contract is a form of individual labor regulation that allows you to across-the-board assess the personal abilities of an employee, personalize his labor duties, individualize, specify working conditions, including the employer’s ability to establish benefits and guarantees, in addition to those established by law. However, the analysis of law enforcement and judicial practice of concluding an employment contract allows us to talk about some problems of legal regulation that need to be solved.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125256627","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 legislation on personal data has changed significantly in recent years, the requirements for data processing have become more stringent. The trend will obviously continue, taking into account the development of technology, the development and implementation of artificial intelligence, which will require appropriate legal regulation and strengthening the protection of personal data of certain categories. This article is devoted to the selection and study of various categories of personal data of employees, as well as special rules for their processing.
{"title":"Categories of personal data of employees","authors":"Y. Novikova","doi":"10.33920/pol-2-2305-03","DOIUrl":"https://doi.org/10.33920/pol-2-2305-03","url":null,"abstract":"The legislation on personal data has changed significantly in recent years, the requirements for data processing have become more stringent. The trend will obviously continue, taking into account the development of technology, the development and implementation of artificial intelligence, which will require appropriate legal regulation and strengthening the protection of personal data of certain categories. This article is devoted to the selection and study of various categories of personal data of employees, as well as special rules for their processing.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121151692","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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