The article is devoted to an actual and significant topic today concerning individual labor relations. This is justified by the fact that individual labor relations regulate mutual interests agreed between the parties to the employment contract. This article analyzes the essence of individual labor relations and their place in the field of labor law along with relations directly related to labor. Their structure is considered, the elements are analyzed. The distinctive features of individual labor relations are formulated taking into account modern reality. The author’s definition of the category under study is presented.
{"title":"Individual labor relations: theoretical and legal aspect","authors":"A. Kuznetsov","doi":"10.33920/pol-2-2304-04","DOIUrl":"https://doi.org/10.33920/pol-2-2304-04","url":null,"abstract":"The article is devoted to an actual and significant topic today concerning individual labor relations. This is justified by the fact that individual labor relations regulate mutual interests agreed between the parties to the employment contract. This article analyzes the essence of individual labor relations and their place in the field of labor law along with relations directly related to labor. Their structure is considered, the elements are analyzed. The distinctive features of individual labor relations are formulated taking into account modern reality. The author’s definition of the category under study is presented.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"51 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":"122547491","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}
To date, the legislation on social security in many cases grants the right to receive social security in the absence of employment. It should be understood that in addition to those measures of social protection and social security that are directly related to the status of the unemployed, in particular, unemployment benefits, the right of social security has a number of payments that, although they do not directly imply protection from unemployment, but as a consequence of the fact that they are provided in the absence of employment, respectively, may be the source of income during the period when the person is unemployed. In this regard, the article draws attention to the recipients of the survivor’s insurance pension, caring for disabled children, brothers, sisters of the deceased breadwinner under the age of 14, who themselves receive this pension. Their receipt of an insurance pension in case of loss of a breadwinner is currently associated with a number of problems in determining the amount of insurance pensions in case of loss of a breadwinner.
{"title":"Problems of providing social security to unemployed citizens","authors":"I. Mamatkazin","doi":"10.33920/pol-2-2304-05","DOIUrl":"https://doi.org/10.33920/pol-2-2304-05","url":null,"abstract":"To date, the legislation on social security in many cases grants the right to receive social security in the absence of employment. It should be understood that in addition to those measures of social protection and social security that are directly related to the status of the unemployed, in particular, unemployment benefits, the right of social security has a number of payments that, although they do not directly imply protection from unemployment, but as a consequence of the fact that they are provided in the absence of employment, respectively, may be the source of income during the period when the person is unemployed. In this regard, the article draws attention to the recipients of the survivor’s insurance pension, caring for disabled children, brothers, sisters of the deceased breadwinner under the age of 14, who themselves receive this pension. Their receipt of an insurance pension in case of loss of a breadwinner is currently associated with a number of problems in determining the amount of insurance pensions in case of loss of a breadwinner.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"54 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":"127087666","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 issues of protecting the labor rights of workers during their admission to work and the subsequent conclusion of an employment contract. The article deals with the problems that arise when the employer does not have local regulations on admission to work, the issues of the employer’s self-examination, the introduction of labor compliance and a possible labor audit as an external independent verification of the actions (inaction) of the employer’s officials in compliance with labor law norms.
{"title":"Admission to work and conclusion of an employment contract: issues of protection of labor rights of employees","authors":"A. A. Sapphirova","doi":"10.33920/pol-2-2304-01","DOIUrl":"https://doi.org/10.33920/pol-2-2304-01","url":null,"abstract":"The article examines the issues of protecting the labor rights of workers during their admission to work and the subsequent conclusion of an employment contract. The article deals with the problems that arise when the employer does not have local regulations on admission to work, the issues of the employer’s self-examination, the introduction of labor compliance and a possible labor audit as an external independent verification of the actions (inaction) of the employer’s officials in compliance with labor law norms.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"30 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":"115735873","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 problem of finding a balance of interests of employees, employers and the state in establishing the specifics of the legal regulation of labor relations in individual organizations of the militaryindustrial complex, their structural divisions and at individual production facilities in the context of the introduction of special measures in the field of economics. The authors conclude that it is necessary to introduce additional economic and organizational measures to support employers.
{"title":"Labor relations in the conditions of the introduction of special measures in the sphere of the economy: search for a balance of interests","authors":"Yuliya Klepalova, K. Svarchevsky","doi":"10.33920/pol-2-2303-01","DOIUrl":"https://doi.org/10.33920/pol-2-2303-01","url":null,"abstract":"The article is devoted to the problem of finding a balance of interests of employees, employers and the state in establishing the specifics of the legal regulation of labor relations in individual organizations of the militaryindustrial complex, their structural divisions and at individual production facilities in the context of the introduction of special measures in the field of economics. The authors conclude that it is necessary to introduce additional economic and organizational measures to support employers.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123723499","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, the basis for the dismissal of civil servants, such as the loss of trust, is very relevant and topical. Meanwhile, according to the author of the article, the legislation lacks its adequate understanding as an imperative or dispositive basis for terminating the service contract.
{"title":"Loss of trust or corruption: a problem of the imperative nature of the dismissal of a civil servant","authors":"V. V. Khramushin","doi":"10.33920/pol-2-2303-03","DOIUrl":"https://doi.org/10.33920/pol-2-2303-03","url":null,"abstract":"Today, the basis for the dismissal of civil servants, such as the loss of trust, is very relevant and topical. Meanwhile, according to the author of the article, the legislation lacks its adequate understanding as an imperative or dispositive basis for terminating the service contract.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129392045","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 current demographic situation in the Russian Federation is to a certain extent determined by socio-economic processes, and therefore priority in demographic policy should be given to reducing the mortality rate of the working-age population, including through the creation of safe working conditions. However, according to the author the gaps and shortcomings in the legal regulation of labor protection, not a solution to problematic tasks.
{"title":"The right of an employee to working conditions correspond to safety and hygiene requirements: a demographic aspect","authors":"N. Sokolenko","doi":"10.33920/pol-2-2303-04","DOIUrl":"https://doi.org/10.33920/pol-2-2303-04","url":null,"abstract":"The current demographic situation in the Russian Federation is to a certain extent determined by socio-economic processes, and therefore priority in demographic policy should be given to reducing the mortality rate of the working-age population, including through the creation of safe working conditions. However, according to the author the gaps and shortcomings in the legal regulation of labor protection, not a solution to problematic tasks.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126040091","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 some problematic issues of disciplinary responsibility of employees for violation of labor discipline. Revealing in the article the concept of disciplinary responsibility of employees through its main features and principles, it is possible not only to correctly understand the essence of the legal norm, but also to predetermine the content and essence of future legal norms, and the analysis of judicial practice has shown that the explanations of the Supreme Court of the Russian Federation contribute not only to the monotonous application of the law, but also have an impact on the improvement of legislation on disciplinary responsibility.
{"title":"Disciplinary responsibility of an employee: problems of legal regulation","authors":"L. Lomakina","doi":"10.33920/pol-2-2303-02","DOIUrl":"https://doi.org/10.33920/pol-2-2303-02","url":null,"abstract":"The article discusses some problematic issues of disciplinary responsibility of employees for violation of labor discipline. Revealing in the article the concept of disciplinary responsibility of employees through its main features and principles, it is possible not only to correctly understand the essence of the legal norm, but also to predetermine the content and essence of future legal norms, and the analysis of judicial practice has shown that the explanations of the Supreme Court of the Russian Federation contribute not only to the monotonous application of the law, but also have an impact on the improvement of legislation on disciplinary responsibility.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114773016","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 legal basis for regulating the work of transport workers, certain special norms. Chapter 51 of the Labor Code of the Russian Federation “Features of the Regulation of Labor of Transport Workers” contains special rules common to all transport workers on hiring, working time and rest time, as well as labor discipline. The analysis of legislation and law enforcement practice allows us to conclude that it is necessary to improve the labor legislation of transport workers, and, in particular, to include universal, applicable to employees of all types of transport, the most significant, specific norms in the Labor Code of the Russian Federation.
{"title":"Specifics of labor regulation of transport workers","authors":"E. Krasnoyarova","doi":"10.33920/pol-2-2303-06","DOIUrl":"https://doi.org/10.33920/pol-2-2303-06","url":null,"abstract":"The article analyzes the legal basis for regulating the work of transport workers, certain special norms. Chapter 51 of the Labor Code of the Russian Federation “Features of the Regulation of Labor of Transport Workers” contains special rules common to all transport workers on hiring, working time and rest time, as well as labor discipline. The analysis of legislation and law enforcement practice allows us to conclude that it is necessary to improve the labor legislation of transport workers, and, in particular, to include universal, applicable to employees of all types of transport, the most significant, specific norms in the Labor Code of the Russian Federation.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122649948","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 employer makes decisions within its competence, in a number of cases provided for by the Labor Code of the Russian Federation, the employer is obliged to take into account the opinion of the trade union. The article is devoted to the participation of trade unions in the creation and adoption of local regulations. The stages of the procedure for the union’s participation in the creation and adoption of a local regulatory act are indicated. Based on the provisions of the Labor Code of the Russian Federation, a list of cases is presented when a reasoned opinion of the trade union is required. Some problems in the practical aspect are indicated and ways to solve them are proposed.
{"title":"The role of trade unions in the adoption of local regulations at the present stage","authors":"N.E. Naumova","doi":"10.33920/pol-2-2303-05","DOIUrl":"https://doi.org/10.33920/pol-2-2303-05","url":null,"abstract":"The employer makes decisions within its competence, in a number of cases provided for by the Labor Code of the Russian Federation, the employer is obliged to take into account the opinion of the trade union. The article is devoted to the participation of trade unions in the creation and adoption of local regulations. The stages of the procedure for the union’s participation in the creation and adoption of a local regulatory act are indicated. Based on the provisions of the Labor Code of the Russian Federation, a list of cases is presented when a reasoned opinion of the trade union is required. Some problems in the practical aspect are indicated and ways to solve them are proposed.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125754041","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 highlights the relevance of studying the principles of an individual labor dispute, since they represent the fundamental principles that characterize the order itself, that is, the process of consideration and resolution of the dispute. The classification of the principles of individual labor dispute proposed by legal experts in the field of labor law is considered. Based on this, the author's approach to the designation of the principles of an individual labor dispute is presented, the definition of this category is formulated. The legislative consolidation of the principles of individual labor dispute in the Labor Code of the Russian Federation is proposed.
{"title":"Legal analysis of the principles of resolving individual labor disputes","authors":"O. Bilyk","doi":"10.33920/pol-2-2303-07","DOIUrl":"https://doi.org/10.33920/pol-2-2303-07","url":null,"abstract":"This article highlights the relevance of studying the principles of an individual labor dispute, since they represent the fundamental principles that characterize the order itself, that is, the process of consideration and resolution of the dispute. The classification of the principles of individual labor dispute proposed by legal experts in the field of labor law is considered. Based on this, the author's approach to the designation of the principles of an individual labor dispute is presented, the definition of this category is formulated. The legislative consolidation of the principles of individual labor dispute in the Labor Code of the Russian Federation is proposed.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"322 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122740621","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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