Corporate requirements for work are becoming more and more popular in practice. Their implementation is determined by various goals: from increasing the effectiveness of safety measures to creating a favorable image of the company's employee. However, from a legal point of view, these requirements are either legitimate in nature or applied to achieve unlawful purposes. The work considers the most common requirements for employees in the system of labor law rules. These include requirements for the appearance of the employee, for limited consumption of goods and services of competitors of the employer, exclusion or restriction of activities competing with the activities of the employer. With regard to measures that are generally recognized as permissible, the need to improve legal regulation is determined.
{"title":"Corporate requirements for employees in the system of labor law rules","authors":"K.A. Belozerova","doi":"10.33920/pol-2-2309-01","DOIUrl":"https://doi.org/10.33920/pol-2-2309-01","url":null,"abstract":"Corporate requirements for work are becoming more and more popular in practice. Their implementation is determined by various goals: from increasing the effectiveness of safety measures to creating a favorable image of the company's employee. However, from a legal point of view, these requirements are either legitimate in nature or applied to achieve unlawful purposes. The work considers the most common requirements for employees in the system of labor law rules. These include requirements for the appearance of the employee, for limited consumption of goods and services of competitors of the employer, exclusion or restriction of activities competing with the activities of the employer. With regard to measures that are generally recognized as permissible, the need to improve legal regulation is determined.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"35 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":"135587384","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}
Labor disputes about reinstatement, especially of employees dismissed at the initiative of the employer, indicate that in most cases the employer fails to prove compliance with the procedure established by the Labor Code of the Russian Federation. Mistakes are made by employees of personnel services at the stage of the beginning of registration of personnel documents. Judicial practice today demonstrates the importance of having high-quality and qualified lawyers and HR specialists. And how bad it is that employers save on them, because, getting into a labor dispute in court, the employer loses the case and incurs even more costs.
{"title":"The importance of the professionalism of the personnel service for the employer (in disputes about the dismissal of employees)","authors":"E.V. Kozina","doi":"10.33920/pol-2-2309-06","DOIUrl":"https://doi.org/10.33920/pol-2-2309-06","url":null,"abstract":"Labor disputes about reinstatement, especially of employees dismissed at the initiative of the employer, indicate that in most cases the employer fails to prove compliance with the procedure established by the Labor Code of the Russian Federation. Mistakes are made by employees of personnel services at the stage of the beginning of registration of personnel documents. Judicial practice today demonstrates the importance of having high-quality and qualified lawyers and HR specialists. And how bad it is that employers save on them, because, getting into a labor dispute in court, the employer loses the case and incurs even more costs.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"35 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":"135587294","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}
Many workers carry out labor activities in working conditions that deviate from normal (in harmful, dangerous,difficult conditions, etc.). In this regard, they may have the right to an early old-age insurance pension. However,the legislation on compulsory pension insurance is very voluminous and difficult to apply. In a number of cases, in order to exercise their right to pension provision, employees go to court. This article has been prepared taking into account materials from judicial practice and shows the problems of applying the rules of law on early oldage pensions, which the parties to the employment contract should pay attention to in order to properly form and implement the employee’s pension rights.
{"title":"Legislation on early assignment of old-age pensions: some issues of regulatory practice","authors":"Ye.A. Istomina, M. Yu. Fedorova","doi":"10.33920/pol-2-2309-05","DOIUrl":"https://doi.org/10.33920/pol-2-2309-05","url":null,"abstract":"Many workers carry out labor activities in working conditions that deviate from normal (in harmful, dangerous,difficult conditions, etc.). In this regard, they may have the right to an early old-age insurance pension. However,the legislation on compulsory pension insurance is very voluminous and difficult to apply. In a number of cases, in order to exercise their right to pension provision, employees go to court. This article has been prepared taking into account materials from judicial practice and shows the problems of applying the rules of law on early oldage pensions, which the parties to the employment contract should pay attention to in order to properly form and implement the employee’s pension rights.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"49 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":"135587295","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}
Modern trends in the development of the higher vocational education system of the Volgograd region are being considered. Patterns of its development are revealed, expressed in a change in the number of educational institutions and the number of students studying in them. The composition of the population in terms of education is described and its impact on the level of employment in the region is considered.
{"title":"Modern features of the educational level and employment of the population of the Volgograd region","authors":"N.A. Lobanova, A.F. Baranova","doi":"10.33920/pol-2-2308-07","DOIUrl":"https://doi.org/10.33920/pol-2-2308-07","url":null,"abstract":"Modern trends in the development of the higher vocational education system of the Volgograd region are being considered. Patterns of its development are revealed, expressed in a change in the number of educational institutions and the number of students studying in them. The composition of the population in terms of education is described and its impact on the level of employment in the region is considered.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"152 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135181219","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}
Nowadays, mentoring is becoming an increasingly popular and in-demand way of training employees, creating a favorable environment for joint growth, organizational success, adaptation of a new employee, and further career advancement. The article analyzes the content of the concept of «mentoring», indicates the reasons for its popularization in corporate culture, notes the importance of the role of a mentor. The conclusions of the authors are confirmed by domestic and foreign studies. The techniques and forms of mentoring, the stages of development of mentoring relationships, the characteristics inherent in the image of a mentor, the practice of introducing such training, its positive aspects are revealed, and the reasons why mentoring may “not work” are indicated. In conclusion, it is concluded that the effectiveness of mentoring depends both on the involvement of the mentor and the mentee in the common cause, their willingness to cooperate, and on the policy of the organization and the support of the leadership.
{"title":"Mentoring is a new vector for the development of organizations","authors":"I.V. Pogodina, A.A. Kislina","doi":"10.33920/pol-2-2308-05","DOIUrl":"https://doi.org/10.33920/pol-2-2308-05","url":null,"abstract":"Nowadays, mentoring is becoming an increasingly popular and in-demand way of training employees, creating a favorable environment for joint growth, organizational success, adaptation of a new employee, and further career advancement. The article analyzes the content of the concept of «mentoring», indicates the reasons for its popularization in corporate culture, notes the importance of the role of a mentor. The conclusions of the authors are confirmed by domestic and foreign studies. The techniques and forms of mentoring, the stages of development of mentoring relationships, the characteristics inherent in the image of a mentor, the practice of introducing such training, its positive aspects are revealed, and the reasons why mentoring may “not work” are indicated. In conclusion, it is concluded that the effectiveness of mentoring depends both on the involvement of the mentor and the mentee in the common cause, their willingness to cooperate, and on the policy of the organization and the support of the leadership.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135181214","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}
What conditions in the GPC contract entail the risk of reclassification into a fixed-term employment contract? Is it possible to conclude a GPC agreement with a loader if this position is present in the state of the institution? How to prove that the GPC contract is not labor?
{"title":"Risk of reclassification of GPC into a fixed-term employment contract","authors":"M. Zolotykh","doi":"10.33920/pol-2-2308-02","DOIUrl":"https://doi.org/10.33920/pol-2-2308-02","url":null,"abstract":"What conditions in the GPC contract entail the risk of reclassification into a fixed-term employment contract? Is it possible to conclude a GPC agreement with a loader if this position is present in the state of the institution? How to prove that the GPC contract is not labor?","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135181216","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 related to various aspects of the combination of professions (positions).
该审查介绍了法院对与职业(职位)组合的各个方面有关的争议的裁决。
{"title":"Jurisprudence: combining professions","authors":"Yu.Yu. Zhizherina","doi":"10.33920/pol-2-2308-06","DOIUrl":"https://doi.org/10.33920/pol-2-2308-06","url":null,"abstract":"The review presents court decisions on disputes related to various aspects of the combination of professions (positions).","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135181217","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 modern socio-economic conditions, there is a significant interregional inequality in the field of changing labor productivity. In the regions, leaders have an increase in labor productivity, in the regions of antileaders there is a drop. Labor productivity is one of the key conditions for improving the efficiency of the regional economy. The innovative development of existing production facilities, an increase in the technical and technological level, the creation of new highly efficient jobs is one of the key conditions for the growth of labor productivity. A significant factor in the positive dynamics of labor productivity growth is the activation of human resources, the development of human capital and the human potential of workers, which will lead to an increase in the productivity of their work.
{"title":"Presence of spatial ambiguity of labor productivity in the context of regions in modern Russia: problems, actions","authors":"S.V. Savina","doi":"10.33920/pol-2-2308-04","DOIUrl":"https://doi.org/10.33920/pol-2-2308-04","url":null,"abstract":"In modern socio-economic conditions, there is a significant interregional inequality in the field of changing labor productivity. In the regions, leaders have an increase in labor productivity, in the regions of antileaders there is a drop. Labor productivity is one of the key conditions for improving the efficiency of the regional economy. The innovative development of existing production facilities, an increase in the technical and technological level, the creation of new highly efficient jobs is one of the key conditions for the growth of labor productivity. A significant factor in the positive dynamics of labor productivity growth is the activation of human resources, the development of human capital and the human potential of workers, which will lead to an increase in the productivity of their work.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135181215","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}
Smart contract is one of the most developing digital technologies in the field of civil turnover. The question of the legal nature of smart contracts in civil law is debatable. At the same time, it is already necessary to determine the legal possibility of introducing smart contracts in relation to an employment contract. The article analyzes the positive aspects of a smart contract, the potential of which could be revealed in the field of labor. A number of legal obstacles to the conclusion of an employment contract in the form of a smart contract are identified. It is concluded that relations between digital labor platforms and platform workers could be formed in this form today.
{"title":"Smart contract and employment contract: are they compatible?","authors":"A.V. Serova","doi":"10.33920/pol-2-2308-01","DOIUrl":"https://doi.org/10.33920/pol-2-2308-01","url":null,"abstract":"Smart contract is one of the most developing digital technologies in the field of civil turnover. The question of the legal nature of smart contracts in civil law is debatable. At the same time, it is already necessary to determine the legal possibility of introducing smart contracts in relation to an employment contract. The article analyzes the positive aspects of a smart contract, the potential of which could be revealed in the field of labor. A number of legal obstacles to the conclusion of an employment contract in the form of a smart contract are identified. It is concluded that relations between digital labor platforms and platform workers could be formed in this form today.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135181218","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 state of the regulatory framework and its implementation on the labor market in the field of requirements for the qualification of employees and the introduction of professional standards, since today in the Russian Federation the issue of a shortage of highly qualified labor has arisen. Moreover, the labor market demanded specialists both in traditional professions and in fundamentally new ones that have no domestic analogues. Therefore, the need to create and implement new more effective and reliable approaches and methods of action and regulation in the field is obvious. One of these methods that can solve the impending problem is the creation of an effective system of criteria for the qualification of an employee and professional standards.
{"title":"To the issue of employee qualification and professional standards","authors":"N.N. Sokolenko","doi":"10.33920/pol-2-2308-03","DOIUrl":"https://doi.org/10.33920/pol-2-2308-03","url":null,"abstract":"The article analyzes the state of the regulatory framework and its implementation on the labor market in the field of requirements for the qualification of employees and the introduction of professional standards, since today in the Russian Federation the issue of a shortage of highly qualified labor has arisen. Moreover, the labor market demanded specialists both in traditional professions and in fundamentally new ones that have no domestic analogues. Therefore, the need to create and implement new more effective and reliable approaches and methods of action and regulation in the field is obvious. One of these methods that can solve the impending problem is the creation of an effective system of criteria for the qualification of an employee and professional standards.","PeriodicalId":497968,"journal":{"name":"Voprosy trudovogo prava (Labor law issues)","volume":"164 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135181221","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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