According to judicial statistics on the work of courts of general jurisdiction in the consideration of civil cases, the largest number of labor disputes filed from year to year is disputes about labor remuneration. According to the author, this is caused by the imperfection of the norms of the Labor Code of the Russian Federation concerning guarantees in this sphere and, as a result, difficulties in law enforcement, which in turn entails a lack of uniformity of judicial practice.
{"title":"The main state guarantees for the remuneration of employees: analysis of legislation and court practice","authors":"N. Sokolenko","doi":"10.33920/pol-2-2402-04","DOIUrl":"https://doi.org/10.33920/pol-2-2402-04","url":null,"abstract":"According to judicial statistics on the work of courts of general jurisdiction in the consideration of civil cases, the largest number of labor disputes filed from year to year is disputes about labor remuneration. According to the author, this is caused by the imperfection of the norms of the Labor Code of the Russian Federation concerning guarantees in this sphere and, as a result, difficulties in law enforcement, which in turn entails a lack of uniformity of judicial practice.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"18 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140427563","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 work considers the issue of continuity and novelty of the norms on time accounting. It is noted that the educational literature quite correctly presents an understanding of the standard types of time accounting: daily, weekly, at which the norm of hours per day, the week provided by the legislator, is unchanged. The features of consolidation in the Labor Code of the Russian Federation and previous codes of summed time accounting, which is used in nonstandard distribution of working time, are shown. Attention was paid to the specifics of fixing certain norms on the accounting of working time in the previously existing KZoT and the modern Labor Code of the Russian Federation. Certain inaccuracies made by the legislator during the fourth codification of labor legislation were revealed. In order to eliminate them, it was proposed to allocate a special chapter 17 «Time Accounting» as part of the Labor Code of the Russian Federation with the corresponding content. Conclusions were formulated on the need to improve certain articles of the current Labor Code of the Russian Federation.
{"title":"Time Accounting: Continuity and Novelty","authors":"I. I. Andrianovskaya","doi":"10.33920/pol-2-2402-03","DOIUrl":"https://doi.org/10.33920/pol-2-2402-03","url":null,"abstract":"The work considers the issue of continuity and novelty of the norms on time accounting. It is noted that the educational literature quite correctly presents an understanding of the standard types of time accounting: daily, weekly, at which the norm of hours per day, the week provided by the legislator, is unchanged. The features of consolidation in the Labor Code of the Russian Federation and previous codes of summed time accounting, which is used in nonstandard distribution of working time, are shown. Attention was paid to the specifics of fixing certain norms on the accounting of working time in the previously existing KZoT and the modern Labor Code of the Russian Federation. Certain inaccuracies made by the legislator during the fourth codification of labor legislation were revealed. In order to eliminate them, it was proposed to allocate a special chapter 17 «Time Accounting» as part of the Labor Code of the Russian Federation with the corresponding content. Conclusions were formulated on the need to improve certain articles of the current Labor Code of the Russian Federation.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140425432","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 general, a number of labor law institutions, taking into account the will of the employee plays a very important, if not the dominant role. However, at present, in labor legislation there are no legally established parameters for taking into account the expression of will. In this case, problems of proof arise related to issues of expression of will.These problems arise most acutely when considering such categories of labor disputes as voluntary dismissal. The article will discuss such concepts as will, expression of will, defect of will. When considering the means of proof, the main emphasis will be on the judicial practice of using certain means of proof. At the same time, the authors will consider only those means of proof that will help establish that dismissal by agreement of the parties actually contradicts the voluntary expression of the employee’s will.
{"title":"Problems of taking into account the employee’s will when considering labor disputes on termination of the employment contract of their own free will","authors":"I.R. Garifyanov, K.V. Shishkina","doi":"10.33920/pol-2-2402-02","DOIUrl":"https://doi.org/10.33920/pol-2-2402-02","url":null,"abstract":"In general, a number of labor law institutions, taking into account the will of the employee plays a very important, if not the dominant role. However, at present, in labor legislation there are no legally established parameters for taking into account the expression of will. In this case, problems of proof arise related to issues of expression of will.These problems arise most acutely when considering such categories of labor disputes as voluntary dismissal. The article will discuss such concepts as will, expression of will, defect of will. When considering the means of proof, the main emphasis will be on the judicial practice of using certain means of proof. At the same time, the authors will consider only those means of proof that will help establish that dismissal by agreement of the parties actually contradicts the voluntary expression of the employee’s will.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"12 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140426191","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 issues related to the legal settlement of conflict of laws issues in the field of labor relations in modern conditions, where migration processes are of great importance. The authors examine and analyze in detail the main types of conflict bindings, and also examine in what specific cases they can be applied. During the study, special attention is paid to the presence of gaps in Russian legislation in this area. An analysis of problematic issues and prospects for further development of the considered sphere of legal relations is carried out, and ways to solve problems associated with the regulation of labor relations in which there is a foreign element are proposed.
{"title":"Peculiarities of resolving conflicting issues of labor relations in modern conditions","authors":"N. P. Sedova, N. E. Vorobieva, I. V. Listratov","doi":"10.33920/pol-2-2402-01","DOIUrl":"https://doi.org/10.33920/pol-2-2402-01","url":null,"abstract":"The article deals with issues related to the legal settlement of conflict of laws issues in the field of labor relations in modern conditions, where migration processes are of great importance. The authors examine and analyze in detail the main types of conflict bindings, and also examine in what specific cases they can be applied. During the study, special attention is paid to the presence of gaps in Russian legislation in this area. An analysis of problematic issues and prospects for further development of the considered sphere of legal relations is carried out, and ways to solve problems associated with the regulation of labor relations in which there is a foreign element are proposed.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"57 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140426904","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}
2024 has been declared the Year of the Family in the Russian Federation. Social support for families with children is considered one of the priorities of the policy pursued by the state. Various actors are involved in this activity, including employers who contribute to the realization of the rights of employees with children in the field of compulsory social insurance.
{"title":"The year of the family in the Russian Federation. Families with children in the focus of compulsory social insurance","authors":"Y. Istomina, M. Y. Fedorova","doi":"10.33920/pol-2-2402-06","DOIUrl":"https://doi.org/10.33920/pol-2-2402-06","url":null,"abstract":"2024 has been declared the Year of the Family in the Russian Federation. Social support for families with children is considered one of the priorities of the policy pursued by the state. Various actors are involved in this activity, including employers who contribute to the realization of the rights of employees with children in the field of compulsory social insurance.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"57 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140424036","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}
Planning is an integral part of building a successful career in modern organizations. Following an individual career plan (ICP) allows employees to focus on self-development and acquiring new knowledge and skills necessary for professional growth. The article analyzes the content of the concepts of career planning, ICP, and career model. Personal qualities that contribute to more effective planned work are identified. The structural elements of the ICP, the stages of its development, and advantages are revealed. When creating career plans, it is proposed to use the following rules: searching for motivation to take action (“career anchors”), correlating the interests of employees with the needs of organizations (“I am the concept”), setting career goals (SMART technique), allocating time to complete tasks (principle 60/ 40), thinking through options for career advancement (“movement matrix”). It is concluded that the achievement of the plan is influenced both by the employee himself, striving to achieve his own career goals, and by management, interested in the professional development of personnel to increase the prestige of the organization.
{"title":"Individual career plan: concept, structure, development stages","authors":"I.V. Pogodina, A.A. Kislina","doi":"10.33920/pol-2-2401-04","DOIUrl":"https://doi.org/10.33920/pol-2-2401-04","url":null,"abstract":"Planning is an integral part of building a successful career in modern organizations. Following an individual career plan (ICP) allows employees to focus on self-development and acquiring new knowledge and skills necessary for professional growth. The article analyzes the content of the concepts of career planning, ICP, and career model. Personal qualities that contribute to more effective planned work are identified. The structural elements of the ICP, the stages of its development, and advantages are revealed. When creating career plans, it is proposed to use the following rules: searching for motivation to take action (“career anchors”), correlating the interests of employees with the needs of organizations (“I am the concept”), setting career goals (SMART technique), allocating time to complete tasks (principle 60/ 40), thinking through options for career advancement (“movement matrix”). It is concluded that the achievement of the plan is influenced both by the employee himself, striving to achieve his own career goals, and by management, interested in the professional development of personnel to increase the prestige of the organization.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"86 1-4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140491909","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}
Based on the analysis of state programs and legislative innovations related to the regulation of public relations related to employment, it is concluded that in relation to minors, the state, taking into account international standards, continues to implement an approach to providing conditions for this category of citizens to receive general and vocational education (including labor education), considering labor activity (paid work) as a secondary (additional) option for their pastime with the establishment of restrictions on certain types of work and preferential working conditions. With regard to minors, both the previous and the current employment law mainly provides (for persons from 14 to 18 years old) for the organization of temporary employment in their free time, at the same time, allowing persons over the age of 16 to obtain the status of unemployed, entailing the establishment of an elevated status in matters of providing employment.
{"title":"Organization of employment of minors in the context of the new Employment Law","authors":"M. Averyanova","doi":"10.33920/pol-2-2401-06","DOIUrl":"https://doi.org/10.33920/pol-2-2401-06","url":null,"abstract":"Based on the analysis of state programs and legislative innovations related to the regulation of public relations related to employment, it is concluded that in relation to minors, the state, taking into account international standards, continues to implement an approach to providing conditions for this category of citizens to receive general and vocational education (including labor education), considering labor activity (paid work) as a secondary (additional) option for their pastime with the establishment of restrictions on certain types of work and preferential working conditions. With regard to minors, both the previous and the current employment law mainly provides (for persons from 14 to 18 years old) for the organization of temporary employment in their free time, at the same time, allowing persons over the age of 16 to obtain the status of unemployed, entailing the establishment of an elevated status in matters of providing employment.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"88 3-4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140491899","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}
According to the legislator, raising the retirement age is designed to increase the number of able-bodied citizens and, accordingly, reduce the number of people receiving pensions. However, in the author’s understanding, raising the retirement age without significantly improving the quality of life, establishing the specifics of labor regulation and legal mechanisms for adapting working conditions to the needs of older workers will not allow the state to achieve its goals.
{"title":"To the question of the impact of raising the retirement age on the labor market","authors":"N. Sokolenko","doi":"10.33920/pol-2-2401-01","DOIUrl":"https://doi.org/10.33920/pol-2-2401-01","url":null,"abstract":"According to the legislator, raising the retirement age is designed to increase the number of able-bodied citizens and, accordingly, reduce the number of people receiving pensions. However, in the author’s understanding, raising the retirement age without significantly improving the quality of life, establishing the specifics of labor regulation and legal mechanisms for adapting working conditions to the needs of older workers will not allow the state to achieve its goals.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"14 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140492070","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 changing the terms of the employment contract.
审查介绍了法院就变更雇佣合同条款的争议做出的裁决。
{"title":"Jurisprudence: changing the terms of the employment contract","authors":"Y. Zhizherina","doi":"10.33920/pol-2-2401-05","DOIUrl":"https://doi.org/10.33920/pol-2-2401-05","url":null,"abstract":"The review presents court decisions on disputes on changing the terms of the employment contract.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"79 7-8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140491782","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 current problematic aspects related to concluding an employment contract with minors. As a result of the study, the conclusion is substantiated about the need to improve the labor legislation of the Russian Federation in order to fully implement the right to work and effectively protect workers under 18 years of age.
{"title":"Employment contract with a minor employee","authors":"S. Filchakova","doi":"10.33920/pol-2-2401-02","DOIUrl":"https://doi.org/10.33920/pol-2-2401-02","url":null,"abstract":"The article discusses current problematic aspects related to concluding an employment contract with minors. As a result of the study, the conclusion is substantiated about the need to improve the labor legislation of the Russian Federation in order to fully implement the right to work and effectively protect workers under 18 years of age.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"60 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140492756","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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