scholarly journals Problems of Decent Labour Under Atypical Employment

2021 ◽  
Vol 8 (7) ◽  
pp. 1-1 ◽  
Author(s):  
Tatyana Korshunova
Keyword(s):  
Atypical Employment

scholarly journals Problems of Ensuring a Fair and Cost-Effective Balance of Interests of the Parties to an Employment Contract in the Development of Atypical Employment (Based on the Analysis of the Norms of Chapter 53.1 of the Labor Code of the Russian Federation)

Lex Russica ◽  
2020 ◽  
pp. 148-158
Author(s):  
N. V. Chernykh
Keyword(s):  
Russian Federation ◽  
Professional Education ◽  
Cost Effective ◽  
Constitutional Court ◽  
Employment Contract ◽  
Balance Of Interests ◽  
Legal Position ◽  
The Russian Federation ◽  
Atypical Employment ◽  
Further Development

The paper analyzes the problems of ensuring a fair and cost-effective balance of interests of the parties to an employment contract in the development of various forms of atypical employment, including those revealed through the analysis of the norms on the provision of labor to employees (personnel). There are gaps in the legislation regarding the equal level of remuneration of transferred employees in comparison with the regular staff of the receiving party; the lack of opportunities to participate in collective-contractual setting of working conditions; inability to implement the employee’s right to training and additional professional education. The author examines the legal position of the Constitutional Court of the Russian Federation expressed in the decision of 19.05.2020 No. 25-P "On constitutionality test of Art. 59 part 1 para. 8 of the Labor Code of the Russian Federation in connection with the complaint of I. A. Sysoev" regarding the conclusion of a fixed-term contract with transferred to other employers’ workers. The author concludes that the norms of Chapter 53.1 of the Labor Code of the Russian Federation do not provide a fair and cost-effective balance of interests of the parties to the employment contract in the development of atypical employment. They may seem effective and useful to employers who use their own employees’ labor to minimize staff costs, but this efficiency is imaginary as it is based on short-term benefits and savings on the development of the organization in the future. In this regard, further development of both legislation and law enforcement practice should be based on ensuring a truly equal status of the regular employees and employees engaged by the employer under the contract for the provision of labor to employees (personnel). In the course of the research, the need to make changes to the Labor Code of the Russian Federation is justified.

scholarly journals The Influence of Atypical Employment on Socioeconomic Development

2020 ◽  
Vol 16 (1) ◽  
pp. 43-50
Author(s):  
Nikita L. Lyutov
Keyword(s):  
Market Segmentation ◽  
Socioeconomic Development ◽  
Employment Relations ◽  
Negative Consequences ◽  
Labour Law ◽  
Labour Market Segmentation ◽  
The Subject ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Positive Effect

The Subject of the Study. The article deals with an issue of impact of atypical employment on the socioeconomic development on micro- and macro levels. The Purpose of the Study is to discover the links between the introduction of atypical forms of employment and socioeconomic development. The Main Theoretical and Empirical Aspects of Study: as the implementation of various forms of atypical employment is one of the aspects of flexibility in employment relations’ regulation, the author starts with a general analysis of impact of general flexibility of employment on the economy. This section of the article contains the conclusion that a thesis about positive effect of labour law flexibility on the economic effectiveness remains unproven; – the second part of the article contains an analysis of the relations between the specific forms of atypical employment and the state of economy. The conclusion has been made that ill-considered implementation of such forms into the labour legislation leads to such negative consequences to the economy as the labour market segmentation and volatility, rising incomes gap and lowering the purchasing power. – the thesis is made that Russian labour legislation modification in the field of atypical employment development is only acceptable with a view to make the already existing atypical employment come out of informal sector, and in a way that takes into account the interests of both parties of the employment relationship.

Atypical employment over the life cycle

2020 ◽  
Vol 8 (2) ◽  
pp. 195-213
Author(s):  
Ronald Bachmann ◽  
Rahel Felder ◽  
Marcus Tamm
Keyword(s):  
World War Ii ◽  
Sequence Analysis ◽  
Labour Market ◽  
Panel Study ◽  
Life Course Perspective ◽  
Substantial Part ◽  
Birth Cohorts ◽  
Content Type ◽  
Employment Trajectories ◽  
Atypical Employment

PurposeThis paper analyses how the employment histories of cohorts born after World War II in Germany have changed. A specific focus is on the role of atypical employment in this context.Design/methodology/approachThis paper uses data from the adult cohort of the National Educational Panel Study and presents descriptive evidence on employment patterns for different cohorts. In addition, a sequence analysis of employment trajectories illustrates key aspects related to the opportunities and risks of atypical employment.FindingsYounger cohorts are characterised by acquiring more education, by entering into employment at a higher age and by experiencing atypical employment more often. The latter is associated with much higher employment of women for younger cohorts. The sequence analysis reveals that the proportion of individuals whose entry into the labour market is almost exclusively characterised by atypical employment rises significantly across the cohorts. Moreover, a substantial part of the increase in atypical employment is due to the increased participation of women, with part-time jobs or mini-jobs playing an important role in re-entering the labour market after career breaks.Originality/valueThe most important contribution of this article to the existing literature lies in the life course perspective taken for different birth cohorts. The findings are of great interest to the general debate about the success of the German labour market in recent decades and its implications for individual labour-market histories, but also about rising income inequality at about the same time.

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