The conclusion of an employment contract by an employee and the exercise of labor activity is associated with the acquisition by an employee of insurance and work experience, including special work experience, the acquisition of which then becomes the basis for the acquisition of social security rights, in particular, the right to receive pensions, benefits; citizens have the right to receive free medical care, social services, etc. One of the legal facts entailing the emergence of social security relations between an employee and the state (state-authorized bodies), or an employee and nongovernmental organizations may be social security contracts. Problems, defects in the legal regulation of this kind of social security relations should be taken into account by specialists in the field of personnel records management.
{"title":"Labor relations and social security: separate problems of legal regulation","authors":"A. Gusev","doi":"10.33920/pol-2-2305-07","DOIUrl":"https://doi.org/10.33920/pol-2-2305-07","url":null,"abstract":"The conclusion of an employment contract by an employee and the exercise of labor activity is associated with the acquisition by an employee of insurance and work experience, including special work experience, the acquisition of which then becomes the basis for the acquisition of social security rights, in particular, the right to receive pensions, benefits; citizens have the right to receive free medical care, social services, etc. One of the legal facts entailing the emergence of social security relations between an employee and the state (state-authorized bodies), or an employee and nongovernmental organizations may be social security contracts. Problems, defects in the legal regulation of this kind of social security relations should be taken into account by specialists in the field of personnel records management.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"69 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":"121936700","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}
Today, 78 million women live in Russia — all of them have equal rights with men. But has it always been like this? Within the framework of this article, gender equality is considered as the result of persistent and long-term work that began with the formation of the state and continues at the present time. The authors believe that the development of gender equality is impossible without knowledge of the history of its formation. Further, the article presents the main factors that have had a significant impact on the degree of recognition of women’s rights and freedoms in Russia: church influence in the regulation of family relations, the invasion of the Mongol-Tatar yoke and its trace in the history of the formation of gender equality, serfdom, the organization of women’s movements, the period of Soviet power, wartime and their influence on the formation of gender equality in Russia. The authors consider in detail the principle of gender equality, which has an international legal and constitutional basis and is one of the most important provisions enshrined in many legal documents.
{"title":"The evolution of gender equality in Russian labor law","authors":"E. Murzina, A. Zaitseva","doi":"10.33920/pol-2-2305-02","DOIUrl":"https://doi.org/10.33920/pol-2-2305-02","url":null,"abstract":"Today, 78 million women live in Russia — all of them have equal rights with men. But has it always been like this? Within the framework of this article, gender equality is considered as the result of persistent and long-term work that began with the formation of the state and continues at the present time. The authors believe that the development of gender equality is impossible without knowledge of the history of its formation. Further, the article presents the main factors that have had a significant impact on the degree of recognition of women’s rights and freedoms in Russia: church influence in the regulation of family relations, the invasion of the Mongol-Tatar yoke and its trace in the history of the formation of gender equality, serfdom, the organization of women’s movements, the period of Soviet power, wartime and their influence on the formation of gender equality in Russia. The authors consider in detail the principle of gender equality, which has an international legal and constitutional basis and is one of the most important provisions enshrined in many legal documents.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"1 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":"131098843","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 problems associated with the possibility of establishing contractually the terms of notice of dismissal, as well as the cases and amounts of severance payments paid upon termination of the employment contract in the case when the employer is an individual entrepreneur. The author comes to the conclusion that in order to realize the right of citizens to protection from unemployment, which is especially important in the context of modern political and economic challenges, it is necessary to adjust labor legislation and consolidate minimum standards for guarantees of termination of employment contracts in the Labor Code of the Russian Federation.
{"title":"Contractual way of securing guarantees upon termination of an employment contract with an employer-an individual entrepreneur: the threat of exercising the right to protection from unemployment in the context of modern political and economic challenges","authors":"Y. Kuchina","doi":"10.33920/pol-2-2305-05","DOIUrl":"https://doi.org/10.33920/pol-2-2305-05","url":null,"abstract":"The article examines the problems associated with the possibility of establishing contractually the terms of notice of dismissal, as well as the cases and amounts of severance payments paid upon termination of the employment contract in the case when the employer is an individual entrepreneur. The author comes to the conclusion that in order to realize the right of citizens to protection from unemployment, which is especially important in the context of modern political and economic challenges, it is necessary to adjust labor legislation and consolidate minimum standards for guarantees of termination of employment contracts in the Labor Code of the Russian Federation.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"116 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":"121196652","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 paper attempts to correlate the legal concepts of “labor productivity” and “discrimination”, proposals are made to eliminate violations of workers’ rights.
本文试图将“劳动生产率”和“歧视”这两个法律概念联系起来，并提出消除侵犯工人权利的建议。
{"title":"Labor productivity and discrimination in labor law","authors":"T. Barbashova, A. G. Maĭstrenko, B.V. Prasolov","doi":"10.33920/pol-2-2305-04","DOIUrl":"https://doi.org/10.33920/pol-2-2305-04","url":null,"abstract":"The paper attempts to correlate the legal concepts of “labor productivity” and “discrimination”, proposals are made to eliminate violations of workers’ rights.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"12 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":"117077741","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}
Judicial recognition of the relationship between a platform worker and a digital labor platform is one of the ways to improve the quality of work life of such a group of citizens. By acquiring the legal status of an employee, they fall under the protection of labor law. The article provides and analyzes examples of court decisions adopted in the UK and Kazakhstan, concludes on the formation of a global trend in the recognition of platform workers as employees working under an employment contract. In Russia, this method cannot be effectively implemented due to the lack of proper economic and legal conditions.
{"title":"Role of court decisions in improving the quality of work life of platform workers","authors":"A. Serova","doi":"10.33920/pol-2-2305-01","DOIUrl":"https://doi.org/10.33920/pol-2-2305-01","url":null,"abstract":"Judicial recognition of the relationship between a platform worker and a digital labor platform is one of the ways to improve the quality of work life of such a group of citizens. By acquiring the legal status of an employee, they fall under the protection of labor law. The article provides and analyzes examples of court decisions adopted in the UK and Kazakhstan, concludes on the formation of a global trend in the recognition of platform workers as employees working under an employment contract. In Russia, this method cannot be effectively implemented due to the lack of proper economic and legal conditions.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"77 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":"131475948","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 highlights the issues of employers’ assistance to employment of the population. Among them: participation in events for the organization and conduct of public works; creation of conditions for vocational education,vocational training and additional vocational education of employees, including women, during the period of parental leave until they reach the age of three years; compliance with quotas for the employment of disabled people. The author analyzes the problems of law enforcement practice, which give reason to believe that negative trends in the enforcement of existing norms in the sphere of the relations under consideration persist. This is especially true of the application of norms on job quotas. Special attention is paid to the novelties of legislation in the sphere of the relations under consideration.
{"title":"Employers' activities for the implementation of employment policy","authors":"O. Pavlovskaya","doi":"10.33920/pol-2-2304-06","DOIUrl":"https://doi.org/10.33920/pol-2-2304-06","url":null,"abstract":"The article highlights the issues of employers’ assistance to employment of the population. Among them: participation in events for the organization and conduct of public works; creation of conditions for vocational education,vocational training and additional vocational education of employees, including women, during the period of parental leave until they reach the age of three years; compliance with quotas for the employment of disabled people. The author analyzes the problems of law enforcement practice, which give reason to believe that negative trends in the enforcement of existing norms in the sphere of the relations under consideration persist. This is especially true of the application of norms on job quotas. Special attention is paid to the novelties of legislation in the sphere of the relations under consideration.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133016445","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 legal mechanisms for minimizing the effects of digitalization on staff employment using the experience of regulating collective bargaining relations in the Federal Republic of Germany as an example.
本文以德意志联邦共和国规范集体谈判关系的经验为例，探讨了尽量减少数字化对员工就业影响的法律机制。
{"title":"Collective bargaining in the digital age in Germany","authors":"T. Izbienova, A.B. Vayman","doi":"10.33920/pol-2-2304-08","DOIUrl":"https://doi.org/10.33920/pol-2-2304-08","url":null,"abstract":"The article examines the legal mechanisms for minimizing the effects of digitalization on staff employment using the experience of regulating collective bargaining relations in the Federal Republic of Germany as an example.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114145285","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 discusses the legal regulation of the dress code in French labor law. The author provides an analysis of the current legislation, key decisions of the courts, as well as competent authorities for the protection of persons from discrimination. The article examines the main problems that exist in the regulation and enforcement of the institute of dress code in French labor legislation, gives a general assessment of the institution in question.
{"title":"The dress code in French labor law: regulation and law enforcement issues","authors":"I. V. Grigoriev, K. A. Stepanov, A. S. Kushnarev","doi":"10.33920/pol-2-2304-07","DOIUrl":"https://doi.org/10.33920/pol-2-2304-07","url":null,"abstract":"This article discusses the legal regulation of the dress code in French labor law. The author provides an analysis of the current legislation, key decisions of the courts, as well as competent authorities for the protection of persons from discrimination. The article examines the main problems that exist in the regulation and enforcement of the institute of dress code in French labor legislation, gives a general assessment of the institution in question.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124768973","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}
Facts of violation by employers of the requirements provided for in Part 3, 5 of Article 136 of the Labor Code of the Russian Federation, according to which wages are paid to an employee, as a rule, at the place of performance of their work or transferred to a credit institution specified in the employee’s application, wages are paid directly to the employee, except in cases where another payment method is provided by federal law or an employment contract, may not lead to a violation of the labor rights of employees. Employers, for example, in order to avoid taxes, violate the procedure for paying wages by transferring all or part of the salary to the account of one of the employee’s family members or transfer funds from the personal account of the director, members of his family or another colleague. In such cases, if disputes arise about wages, the court recognizes these funds as structural elements of wages, takes them into account as wages.
{"title":"Salary payment discipline (on disputes about gray wages)","authors":"E. Kozina","doi":"10.33920/pol-2-2304-03","DOIUrl":"https://doi.org/10.33920/pol-2-2304-03","url":null,"abstract":"Facts of violation by employers of the requirements provided for in Part 3, 5 of Article 136 of the Labor Code of the Russian Federation, according to which wages are paid to an employee, as a rule, at the place of performance of their work or transferred to a credit institution specified in the employee’s application, wages are paid directly to the employee, except in cases where another payment method is provided by federal law or an employment contract, may not lead to a violation of the labor rights of employees. Employers, for example, in order to avoid taxes, violate the procedure for paying wages by transferring all or part of the salary to the account of one of the employee’s family members or transfer funds from the personal account of the director, members of his family or another colleague. In such cases, if disputes arise about wages, the court recognizes these funds as structural elements of wages, takes them into account as wages.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132030513","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 examine an issues of the legal regulation of labour discipline at companies. The author analyze a legislative approach on the procedure for adopting rules of internal labour discipline and its alteration. Besides the author examine the ways of ensuring of labour discipline such as reward and prosecution. Special attention is paid to the problem of non-payment of cash reward and its reduction. In addition, a disadvantages in the legal regulation of the imposition of disciplinary sanctions are considered separately.
{"title":"The ways of regulation of labour discipline","authors":"K. V. Shishkina","doi":"10.33920/pol-2-2304-02","DOIUrl":"https://doi.org/10.33920/pol-2-2304-02","url":null,"abstract":"The article examine an issues of the legal regulation of labour discipline at companies. The author analyze a legislative approach on the procedure for adopting rules of internal labour discipline and its alteration. Besides the author examine the ways of ensuring of labour discipline such as reward and prosecution. Special attention is paid to the problem of non-payment of cash reward and its reduction. In addition, a disadvantages in the legal regulation of the imposition of disciplinary sanctions are considered separately.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114981594","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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