The article considers questions about who, due to the current labor legislation, can be recognized as a victim and demand compensation for moral damage from the employer, taking into account what criteria the amount of this compensation is determined, what forms and procedure of compensation are currently permissible.
{"title":"About moral harm and its compensation by the employer","authors":"Y. Novikova","doi":"10.33920/pol-2-2301-05","DOIUrl":"https://doi.org/10.33920/pol-2-2301-05","url":null,"abstract":"The article considers questions about who, due to the current labor legislation, can be recognized as a victim and demand compensation for moral damage from the employer, taking into account what criteria the amount of this compensation is determined, what forms and procedure of compensation are currently permissible.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131865467","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 deals with problematic issues of the procedure and conditions for the suspension of an employment contract. The aim of the study is to analyze the legal norms governing the suspension of an employment contract and their relationship with theoretical developments on the relationship between an employment contract and an employment relationship.
{"title":"Separate aspects of legal regulation of the suspension of an employment contract","authors":"L. Lomakina","doi":"10.33920/pol-2-2301-02","DOIUrl":"https://doi.org/10.33920/pol-2-2301-02","url":null,"abstract":"The article deals with problematic issues of the procedure and conditions for the suspension of an employment contract. The aim of the study is to analyze the legal norms governing the suspension of an employment contract and their relationship with theoretical developments on the relationship between an employment contract and an employment relationship.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117309651","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 discusses the impact of financing on labor activity, its new types, as well as ways of legal regulation of labor relations in modern economic conditions.
本文论述了现代经济条件下融资对劳动活动的影响、融资的新形式以及对劳动关系进行法律规制的途径。
{"title":"Economic obstacles in the implementation of labor law norms","authors":"V. Mironov, T. Barbashova, E. Bobrov, V. Simonov","doi":"10.33920/pol-2-2301-01","DOIUrl":"https://doi.org/10.33920/pol-2-2301-01","url":null,"abstract":"The paper discusses the impact of financing on labor activity, its new types, as well as ways of legal regulation of labor relations in modern economic conditions.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126921942","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, based on the norms of the Labor Code of the Russian Federation, the doctrine of modern labor law, analyzed the federal sectoral agreement on the construction and industry of building materials for 2020–2023, identified duplicate norms and inaccuracies, as well as other controversial aspects
{"title":"Federal Industry Construction Agreement and the building materials industry: duplication and inaccuracies","authors":"A. Petrov","doi":"10.33920/pol-2-2211-02","DOIUrl":"https://doi.org/10.33920/pol-2-2211-02","url":null,"abstract":"The article, based on the norms of the Labor Code of the Russian Federation, the doctrine of modern labor law, analyzed the federal sectoral agreement on the construction and industry of building materials for 2020–2023, identified duplicate norms and inaccuracies, as well as other controversial aspects","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132130405","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 presented work, the norms of the introduced Article 351.7 of the Labor Code of the Russian Federation are analyzed. The peculiarities of labor regulation of certain categories of employees, the procedure for suspending and renewing an employment contract are studied. The author points out the existing shortcomings and provides some ways to solve the
{"title":"Peculiarities of labor regulation of employees called up for military service on mobilization","authors":"I. Shuvalova","doi":"10.33920/pol-2-2211-01","DOIUrl":"https://doi.org/10.33920/pol-2-2211-01","url":null,"abstract":"In the presented work, the norms of the introduced Article 351.7 of the Labor Code of the Russian Federation are analyzed. The peculiarities of labor regulation of certain categories of employees, the procedure for suspending and renewing an employment contract are studied. The author points out the existing shortcomings and provides some ways to solve the","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123936492","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}
With the introduction of norms on electronic document management into the Labor Code of the Russian Federation, the employer has the opportunity to acquaint the employee with certain notifications, documents, local regulations using the «digital environment». At the same time, in practice, a large number of questions arise about what kind of documents an employee can be acquainted with using an electronic document management system, how such familiarization can affect the employee’s labor rights? Also, in judicial practice, problems often arise related to the employer's ability to bring car drivers to disciplinary liability for violation of traffic rules and labor protection on the basis of equipment installed on cars. Another concern is the potential for liability for employees who use work email for personal gain. The authors of the article analyze these problems, compare Russian legislation and judicial practice with the legislation and judicial practice of France, and also propose to amend the Labor Code of the Russian Federation using foreign experience.
{"title":"Implementation of powers by the employer using digital environments: a comparative legal study","authors":"M. A. Zhiltsov, A. Knyazeva","doi":"10.33920/pol-2-2211-03","DOIUrl":"https://doi.org/10.33920/pol-2-2211-03","url":null,"abstract":"With the introduction of norms on electronic document management into the Labor Code of the Russian Federation, the employer has the opportunity to acquaint the employee with certain notifications, documents, local regulations using the «digital environment». At the same time, in practice, a large number of questions arise about what kind of documents an employee can be acquainted with using an electronic document management system, how such familiarization can affect the employee’s labor rights? Also, in judicial practice, problems often arise related to the employer's ability to bring car drivers to disciplinary liability for violation of traffic rules and labor protection on the basis of equipment installed on cars. Another concern is the potential for liability for employees who use work email for personal gain. The authors of the article analyze these problems, compare Russian legislation and judicial practice with the legislation and judicial practice of France, and also propose to amend the Labor Code of the Russian Federation using foreign experience.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115318892","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 related to the preparation for consideration of an individual labor dispute in the pre-trial order — in the commission on labor disputes. The competence of the commission is analyzed, disputes that are not under the jurisdiction of the commission are outlined. Attention is paid to the term of appeal to the commission for labor disputes and legal consequences of missing this term. The procedural actions preceding the sitting of the commission are described.
{"title":"Labor Dispute Commissions: Procedure of Appeal, Preparation of Dispute for Consideration","authors":"J. Ivanchina","doi":"10.33920/pol-2-2211-06","DOIUrl":"https://doi.org/10.33920/pol-2-2211-06","url":null,"abstract":"The article highlights the issues related to the preparation for consideration of an individual labor dispute in the pre-trial order — in the commission on labor disputes. The competence of the commission is analyzed, disputes that are not under the jurisdiction of the commission are outlined. Attention is paid to the term of appeal to the commission for labor disputes and legal consequences of missing this term. The procedural actions preceding the sitting of the commission are described.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130869008","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 considers the meaning of the principles of law, their classification, the ratio of generally recognized principles of international labor law and national. The author made an attempt to formulate the basic institutional principles of the employment contract, analyze the norms of law, judicial practice, and also formulate proposals for improving labor legislation.
{"title":"Institutional principles of the employment contract","authors":"E. Krasnoyarova","doi":"10.33920/pol-2-2210-03","DOIUrl":"https://doi.org/10.33920/pol-2-2210-03","url":null,"abstract":"This article considers the meaning of the principles of law, their classification, the ratio of generally recognized principles of international labor law and national. The author made an attempt to formulate the basic institutional principles of the employment contract, analyze the norms of law, judicial practice, and also formulate proposals for improving labor legislation.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132370905","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 reveals a brief history of the creation and development of the Labor Code of the Russian Federation. The advantages, as well as some problems and contradictions of legal norms are considered, their practical solution is presented taking into account modern reality. It is impossible to cover all the issues in one article, so the emphasis is on the most significant aspects, according to the author.
{"title":"To the 20th anniversary of the labor code of the Russian Federation: results, problems and ways of improvement","authors":"I. Shuvalova","doi":"10.33920/pol-2-2210-01","DOIUrl":"https://doi.org/10.33920/pol-2-2210-01","url":null,"abstract":"The article reveals a brief history of the creation and development of the Labor Code of the Russian Federation. The advantages, as well as some problems and contradictions of legal norms are considered, their practical solution is presented taking into account modern reality. It is impossible to cover all the issues in one article, so the emphasis is on the most significant aspects, according to the author.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131878401","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 some issues in determining the legal status of 'unaffiliated' strikes in Germany. The German right to strike is extremely limited. Under German case law, 'unaffiliated' or 'wild' strikes — work stoppages not involving trade unions — are prohibited in Germany. The European Social Charter allows such work stoppages, and the Committee of Experts urges the German legislator to take into account the interests of workers who have joined together to defend their collective rights and take part in a strike even without the involvement of trade unions. Through long negotiations and attempts by workers to defend their professional interests the first court decisions on the relative legality of such strikes and the revision of the precedents of the Federal Labour Court of the last century are emerging.
{"title":"Legal status of “unaffiliated” strikes in Germany","authors":"R.K. Shemyakin, T. Izbienova","doi":"10.33920/pol-2-2210-06","DOIUrl":"https://doi.org/10.33920/pol-2-2210-06","url":null,"abstract":"The article examines some issues in determining the legal status of 'unaffiliated' strikes in Germany. The German right to strike is extremely limited. Under German case law, 'unaffiliated' or 'wild' strikes — work stoppages not involving trade unions — are prohibited in Germany. The European Social Charter allows such work stoppages, and the Committee of Experts urges the German legislator to take into account the interests of workers who have joined together to defend their collective rights and take part in a strike even without the involvement of trade unions. Through long negotiations and attempts by workers to defend their professional interests the first court decisions on the relative legality of such strikes and the revision of the precedents of the Federal Labour Court of the last century are emerging.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131558257","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：