The author of the article reflects on whether the post of Commissioner for Teachers' Rights is needed in the country.
这篇文章的作者思考了这个国家是否需要教师权利专员这个职位。
{"title":"Do teachers need a Teacher Rights Commissioner in the Russian Federation?","authors":"G.B. Rozhko","doi":"10.33920/pol-2-2203-07","DOIUrl":"https://doi.org/10.33920/pol-2-2203-07","url":null,"abstract":"The author of the article reflects on whether the post of Commissioner for Teachers' Rights is needed in the country.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"152 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133124302","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 any exceptional cases that endanger the life or normal living conditions of the entire population or part of it, the employee may be temporarily transferred at the initiative of the employer to another or remote work, and also suspended from work for the entire period of epidemiological distress. In the implementation of measures to prevent the spread of coronavirus infection COVID-19, various approaches to the application of labor legislation have been formed in law enforcement practice, and therefore, the understanding of their content becomes especially important.
{"title":"Selected issues of legal regulation of labour relations during the epidemic","authors":"N.V. Chaldeeva","doi":"10.33920/pol-2-2203-06","DOIUrl":"https://doi.org/10.33920/pol-2-2203-06","url":null,"abstract":"In any exceptional cases that endanger the life or normal living conditions of the entire population or part of it, the employee may be temporarily transferred at the initiative of the employer to another or remote work, and also suspended from work for the entire period of epidemiological distress. In the implementation of measures to prevent the spread of coronavirus infection COVID-19, various approaches to the application of labor legislation have been formed in law enforcement practice, and therefore, the understanding of their content becomes especially important.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121764800","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 practice of applying certain legal institutions in the world of work has exposed the imperfection of the current labor legislation, one of which is the institute of labor disputes. The problem is the absence of the concept of “labor dispute” in the Labor Code of the Russian Federation. The article analyzes the features of a labor dispute, which arise from labor legislation and the scientists’ judgments in the field of labor law. The article also suggests the author's definition of the concept in the considered issues.
{"title":"On the concept of «labour dispute»","authors":"N. Sokolenko, D.O. Zdrok","doi":"10.33920/pol-2-2203-04","DOIUrl":"https://doi.org/10.33920/pol-2-2203-04","url":null,"abstract":"The practice of applying certain legal institutions in the world of work has exposed the imperfection of the current labor legislation, one of which is the institute of labor disputes. The problem is the absence of the concept of “labor dispute” in the Labor Code of the Russian Federation. The article analyzes the features of a labor dispute, which arise from labor legislation and the scientists’ judgments in the field of labor law. The article also suggests the author's definition of the concept in the considered issues.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125507396","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}
{"title":"Discipline of labor and labor routine in the context of the KZoT of the RSFSR 1971","authors":"A. Petrov","doi":"10.33920/pol-2-2203-03","DOIUrl":"https://doi.org/10.33920/pol-2-2203-03","url":null,"abstract":"The article, based on an analysis of the Labor Code of the RSFSR of 1971, examines topical legal issues of labor discipline and labor regulations.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132973142","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 issues of respecting the labor rights of workers during the suspension of work, including in organizations that supported the protest of the West in connection with the military operation of the Russian Federation in Ukraine, are relevant. The article analyzes the concept of suspension of the organization's activities, suspension of work, explores mechanisms that legally help to overcome problems arising in solving pressing problems, and also makes proposals for improving labor legislation.
{"title":"Observance of the rights of employees in the suspension of work in connection with the military operation of the Russian Federation in Ukraine","authors":"E. Krasnoyarova","doi":"10.33920/pol-2-2203-05","DOIUrl":"https://doi.org/10.33920/pol-2-2203-05","url":null,"abstract":"The issues of respecting the labor rights of workers during the suspension of work, including in organizations that supported the protest of the West in connection with the military operation of the Russian Federation in Ukraine, are relevant. The article analyzes the concept of suspension of the organization's activities, suspension of work, explores mechanisms that legally help to overcome problems arising in solving pressing problems, and also makes proposals for improving labor legislation.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131765828","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 analyses the approaches to understanding the collective labor dispute that have developed in the legislation, law enforcement practice and doctrine of the Russian Federation and the European Union. The definition of “collective labor disputes” according to the legislation of the Russian Federation and some EU member states is characterized. How has the concept of “collective labor disputes” been transformed in Russian history and how are collective labor disputes defined in the legislation of the EU member states? There are the answers of some special questions.
{"title":"Conception of collective labor disputes in the Russian Federation and the European Union","authors":"R.K. Shemyakin","doi":"10.33920/pol-2-2202-07","DOIUrl":"https://doi.org/10.33920/pol-2-2202-07","url":null,"abstract":"The article analyses the approaches to understanding the collective labor dispute that have developed in the legislation, law enforcement practice and doctrine of the Russian Federation and the European Union. The definition of “collective labor disputes” according to the legislation of the Russian Federation and some EU member states is characterized. How has the concept of “collective labor disputes” been transformed in Russian history and how are collective labor disputes defined in the legislation of the EU member states? There are the answers of some special questions.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123544842","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 reveals the issue of distinguishing between part-time working hours and part-time working hours; analyzes the grounds for establishing part-time work and the category of persons to whom it is established; and also offers directions for improving the norms of the Labor Code of the Republic of Belarus.
{"title":"Establishment of part-time work for certain categories of persons","authors":"L.A. Beraziuk","doi":"10.33920/pol-2-2202-06","DOIUrl":"https://doi.org/10.33920/pol-2-2202-06","url":null,"abstract":"This article reveals the issue of distinguishing between part-time working hours and part-time working hours; analyzes the grounds for establishing part-time work and the category of persons to whom it is established; and also offers directions for improving the norms of the Labor Code of the Republic of Belarus.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133352297","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 considers extrajudicial forms of protection of the employee's labor rights, not provided for in Art. 352 of the Labor Code of the Russian Federation. Analyzing the title of the article and its content, the author concludes that the title of the article does not correspond to its content, and therefore a change in the title of the article is proposed. Analyzing such a form of protection of the employee's labor rights as direct negotiations with the employer, the author draws attention to gaps in the legislation regarding the timing of their implementation and the legal mechanism for fixing them, in this regard, proposals are made to supplement the Labor Code of the Russian Federation. As the main reason for the low number of referrals to mediation in individual labor disputes, the author identifies her compensation for the employee, and therefore proposes to exempt the employee from the costs of paying for the mediation procedure. The article also considers the prospects for using the “complex” as a form of protection of the employee's labor rights.
{"title":"Alternative extrajudicial forms of worker's labour rights protection: challenges and prospects","authors":"A. Lada","doi":"10.33920/pol-2-2201-06","DOIUrl":"https://doi.org/10.33920/pol-2-2201-06","url":null,"abstract":"The author considers extrajudicial forms of protection of the employee's labor rights, not provided for in Art. 352 of the Labor Code of the Russian Federation. Analyzing the title of the article and its content, the author concludes that the title of the article does not correspond to its content, and therefore a change in the title of the article is proposed. Analyzing such a form of protection of the employee's labor rights as direct negotiations with the employer, the author draws attention to gaps in the legislation regarding the timing of their implementation and the legal mechanism for fixing them, in this regard, proposals are made to supplement the Labor Code of the Russian Federation. As the main reason for the low number of referrals to mediation in individual labor disputes, the author identifies her compensation for the employee, and therefore proposes to exempt the employee from the costs of paying for the mediation procedure. The article also considers the prospects for using the “complex” as a form of protection of the employee's labor rights.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124221973","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 topical problems of the application of the norms of the institution of material responsibility. It is especially important to draw the legislator's attention to the need for greater protection of the employer's property rights, since in the current Labor Code of the Russian Federation, most of the rules governing material liability are aimed exclusively at protecting the interests of the employee, which is due to his dependent position in labor relations. But the employer must be fully protected, otherwise, this will lead to ignoring the tasks of labor legislation by the law enforcement officer. The purpose of this study is to formulate proposals for changes in legislation that would equally protect the rights of workers and employers.
{"title":"Recovery of damage caused by the employee","authors":"Yulia Zhiltsova, Yuliya Klepalova, K. Svarchevsky","doi":"10.33920/pol-2-2201-01","DOIUrl":"https://doi.org/10.33920/pol-2-2201-01","url":null,"abstract":"The article is devoted to topical problems of the application of the norms of the institution of material responsibility. It is especially important to draw the legislator's attention to the need for greater protection of the employer's property rights, since in the current Labor Code of the Russian Federation, most of the rules governing material liability are aimed exclusively at protecting the interests of the employee, which is due to his dependent position in labor relations. But the employer must be fully protected, otherwise, this will lead to ignoring the tasks of labor legislation by the law enforcement officer. The purpose of this study is to formulate proposals for changes in legislation that would equally protect the rights of workers and employers.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115145299","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 issue of ensuring the right to representation and the right to unite employees by creating digital trade unions. The analysis of the practice of the Trade Union of Public Education and Science Workers of the Russian Federation on the transition to a single electronic database (platform) leads the author to the conclusion that the digital trade union in modern conditions is an effective means of implementing the statutory functions and protecting the social and labor rights of trade union members. The article also reflects the problems of creating digital trade unions at enterprises using non-standard forms of employment: the majority of non-standard employees are not members of a trade union, which deprives them of the opportunity for appropriate protection from trade union organizations. And with the growth of non-standard forms of employment, there is a reduction in solidary participants in labor relations, and a reduction in subsidiary ones. In addition, there is a tendency to reduce the total number of trade union organizations, as clearly evidenced by trade union statistics.
{"title":"Digital Unions. Right to Association and Representation: New Challenges","authors":"O. Pavlovskaya","doi":"10.33920/pol-2-2201-07","DOIUrl":"https://doi.org/10.33920/pol-2-2201-07","url":null,"abstract":"The article is devoted to the issue of ensuring the right to representation and the right to unite employees by creating digital trade unions. The analysis of the practice of the Trade Union of Public Education and Science Workers of the Russian Federation on the transition to a single electronic database (platform) leads the author to the conclusion that the digital trade union in modern conditions is an effective means of implementing the statutory functions and protecting the social and labor rights of trade union members. The article also reflects the problems of creating digital trade unions at enterprises using non-standard forms of employment: the majority of non-standard employees are not members of a trade union, which deprives them of the opportunity for appropriate protection from trade union organizations. And with the growth of non-standard forms of employment, there is a reduction in solidary participants in labor relations, and a reduction in subsidiary ones. In addition, there is a tendency to reduce the total number of trade union organizations, as clearly evidenced by trade union statistics.","PeriodicalId":373461,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128821857","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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