The article examines procedural problems of the realization by employees of the only form of self-protection provided by labor legislation. Particular attention is paid to such labor-law defect as the logical incompleteness of the legal construction of the refusal of work, which is demonstrated in a variety of judicial practice. In connection with the identified disadvantages, the author’s proposals for their solution are offered.
{"title":"Some procedural problems of refusal of work by an employee","authors":"I.S. Zolotov","doi":"10.33920/pol-2-2310-02","DOIUrl":"https://doi.org/10.33920/pol-2-2310-02","url":null,"abstract":"The article examines procedural problems of the realization by employees of the only form of self-protection provided by labor legislation. Particular attention is paid to such labor-law defect as the logical incompleteness of the legal construction of the refusal of work, which is demonstrated in a variety of judicial practice. In connection with the identified disadvantages, the author’s proposals for their solution are offered.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"125 1-2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136320217","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 about the workplace of a remote worker, transfer to remote labor, remuneration, and reimbursement of expenses when working remotely.
该审查介绍了法院对远程工作者工作场所、转移到远程劳动、报酬和远程工作时费用报销等争议的裁决。
{"title":"Jurisprudence: remote work","authors":"Yu. Yu. Zhizherina","doi":"10.33920/pol-2-2310-06","DOIUrl":"https://doi.org/10.33920/pol-2-2310-06","url":null,"abstract":"The review presents court decisions on disputes about the workplace of a remote worker, transfer to remote labor, remuneration, and reimbursement of expenses when working remotely.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"54 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136320219","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 basic sectoral principle of labor law, which ensures the right of employees to pay wages. An attempt was made to formulate institutional principles of wages, analyze the norms of law, law enforcement and judicial practice, and formulate proposals for improving labor legislation.
{"title":"Institutional Wage Principles","authors":"E.V. Krasnoyarova","doi":"10.33920/pol-2-2310-03","DOIUrl":"https://doi.org/10.33920/pol-2-2310-03","url":null,"abstract":"This article discusses the basic sectoral principle of labor law, which ensures the right of employees to pay wages. An attempt was made to formulate institutional principles of wages, analyze the norms of law, law enforcement and judicial practice, and formulate proposals for improving labor legislation.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"94 1-2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136320214","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 the issues of permissible limits of employer’s monitoring of social networks of employees in connection with the performance of their labour function, as well as outside working hours.
{"title":"Monitoring of social networks of an employee: private life or work","authors":"T. A. Izbienova","doi":"10.33920/pol-2-2310-01","DOIUrl":"https://doi.org/10.33920/pol-2-2310-01","url":null,"abstract":"The article reveals the issues of permissible limits of employer’s monitoring of social networks of employees in connection with the performance of their labour function, as well as outside working hours.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"8 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136320215","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}
Decent remuneration for work is one of the indicators of the quality of working life and should be characterized not only quantitatively, but, above all, qualitatively through the creation of a regulatory framework that assumes a clear, unambiguous statement of norms, the absence of gaps in legal regulation and conflicts, which is not always possible. The author examines the legal positions of the Constitutional Court of the Russian Federation in recent years, coming to the conclusion that an appeal to the Constitutional Court is an effective way to restore violated labor rights and improve the quality of workers’ working life.
{"title":"The influence of the legal positions of the Constitutional Court of the Russian Federation on the quality of workers' working life (on the example of the Institute of remuneration)","authors":"U. A. Kuchina","doi":"10.33920/pol-2-2310-04","DOIUrl":"https://doi.org/10.33920/pol-2-2310-04","url":null,"abstract":"Decent remuneration for work is one of the indicators of the quality of working life and should be characterized not only quantitatively, but, above all, qualitatively through the creation of a regulatory framework that assumes a clear, unambiguous statement of norms, the absence of gaps in legal regulation and conflicts, which is not always possible. The author examines the legal positions of the Constitutional Court of the Russian Federation in recent years, coming to the conclusion that an appeal to the Constitutional Court is an effective way to restore violated labor rights and improve the quality of workers’ working life.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"21 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136320216","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 this article, in a comparative aspect, some issues related to the peculiarities of the legal regulation of labor relations of remote workers in the Russian Federation and in the Republic of Belarus are considered. Using international documents, the concept of remote workers and their difference from homeworkers is analyzed. The historical aspect of the legal regulation of the work of such persons, referred to in the past as tenants, is pointed out. The modern legal status of remote workers in Russia and Belarus is revealed, changes in the legislation of both states aimed at improving the legal regulation of labor relations of remote workers are shown.
{"title":"Jurisprudence: remote work","authors":"K.V. Lapshin","doi":"10.33920/pol-2-2310-05","DOIUrl":"https://doi.org/10.33920/pol-2-2310-05","url":null,"abstract":"In this article, in a comparative aspect, some issues related to the peculiarities of the legal regulation of labor relations of remote workers in the Russian Federation and in the Republic of Belarus are considered. Using international documents, the concept of remote workers and their difference from homeworkers is analyzed. The historical aspect of the legal regulation of the work of such persons, referred to in the past as tenants, is pointed out. The modern legal status of remote workers in Russia and Belarus is revealed, changes in the legislation of both states aimed at improving the legal regulation of labor relations of remote workers are shown.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"38 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136320218","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 the issue of preparation for the procedure for the downsizing of employees. The rules for determining the period of time required for the implementation of a redundancy procedure, taking into account the number of employees to be dismissed for a particular calendar period, are disclosed. Attention is paid to the procedure for calculating time limits when warning employees of impending dismissal. Describes the employer’s procedural actions and the time limits for their implementation in relation to warning interested bodies of the forthcoming dismissal of employees.
{"title":"Reduction in the number and number of employees: reference point","authors":"Ju.V. Ivanchina","doi":"10.33920/pol-2-2309-03","DOIUrl":"https://doi.org/10.33920/pol-2-2309-03","url":null,"abstract":"The article deals with the issue of preparation for the procedure for the downsizing of employees. The rules for determining the period of time required for the implementation of a redundancy procedure, taking into account the number of employees to be dismissed for a particular calendar period, are disclosed. Attention is paid to the procedure for calculating time limits when warning employees of impending dismissal. Describes the employer’s procedural actions and the time limits for their implementation in relation to warning interested bodies of the forthcoming dismissal of employees.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135587388","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 issues related to the implementation by the employer of powers not directly provided for by the norms of the Labor Code of the Russian Federation. But at the same time, such powers are very important in practice and relate to the control of employees by means of audiovisual surveillance at the workplace, as well as the establishment of mandatory requirements for the appearance of employees in local regulations (the so-called dress code). The abuse of such powers by the employer may lead to a violation of the principle of respect for the honor and dignity of the employee. The author draws conclusions about the possibility or impossibility of implementing certain management decisions based on the correlation of the constitutional principles that are reflected in labor relations regulated by the legislation of the Russian Federation.
{"title":"Observance of the principle of respect for the honor and dignity of the employee when managing labor: some aspects","authors":"A.A. Sitnikov","doi":"10.33920/pol-2-2309-02","DOIUrl":"https://doi.org/10.33920/pol-2-2309-02","url":null,"abstract":"The article discusses issues related to the implementation by the employer of powers not directly provided for by the norms of the Labor Code of the Russian Federation. But at the same time, such powers are very important in practice and relate to the control of employees by means of audiovisual surveillance at the workplace, as well as the establishment of mandatory requirements for the appearance of employees in local regulations (the so-called dress code). The abuse of such powers by the employer may lead to a violation of the principle of respect for the honor and dignity of the employee. The author draws conclusions about the possibility or impossibility of implementing certain management decisions based on the correlation of the constitutional principles that are reflected in labor relations regulated by the legislation of the Russian Federation.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135587389","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 flexibility in the legal regulation of working time by taking into account the unity, differentiation and individualization of the norms of labor legislation. The author substantiates the conclusion that the flexibility of labor legislation requires a significant amount of effort to ensure the rights and legitimate interests of workers in the implementation of labor activities; as well as directions for improving certain norms of labor legislation.
{"title":"Features of differentiation and individualization in the regulation of working hours","authors":"L.A. Berezyuk","doi":"10.33920/pol-2-2309-07","DOIUrl":"https://doi.org/10.33920/pol-2-2309-07","url":null,"abstract":"The article is devoted to the issue of ensuring flexibility in the legal regulation of working time by taking into account the unity, differentiation and individualization of the norms of labor legislation. The author substantiates the conclusion that the flexibility of labor legislation requires a significant amount of effort to ensure the rights and legitimate interests of workers in the implementation of labor activities; as well as directions for improving certain norms of labor legislation.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"441 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135587293","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 reviews and analyzes legislation and by-laws governing labor relations with the participation of employees called up for military service on mobilization or who entered into military service under a contract, or who signed a contract for voluntary assistance in fulfilling the tasks assigned to the Armed Forces of the Russian Federation in 2022 and 2023.
{"title":"On guarantees of labor rights of citizens called up for military service on mobilization or who entered military service under a contract during a special military operation","authors":"S.V. Vasyukov","doi":"10.33920/pol-2-2309-04","DOIUrl":"https://doi.org/10.33920/pol-2-2309-04","url":null,"abstract":"The article reviews and analyzes legislation and by-laws governing labor relations with the participation of employees called up for military service on mobilization or who entered into military service under a contract, or who signed a contract for voluntary assistance in fulfilling the tasks assigned to the Armed Forces of the Russian Federation in 2022 and 2023.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135587383","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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