Virtual Mobility and Cross-Border Remote Work: Current Reality and Legal Uncertainty

2021 ◽  
pp. 239-250
Author(s):  
Larisa V. Zaitseva ◽  
◽  
Olga А. Abakumova ◽  
Keyword(s):  
Labor Market ◽  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Tax Law ◽  
Remote Work ◽  
Cross Border ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
Legal Uncertainty

The aim of the research is to substantiate the urgent need to overcome the legal vacuum and legal uncertainty that have arisen in the Russian Federation regarding the possibilities of legal work remotely abroad. This study analyzes the norms of labor and tax law of the Russian Federation that regulate relations associated with remote work of a person who is outside the Russian Federation in the interests of an employer registered in Russia. The official letters of the Ministry of Labor and Social Protection of Russia and the Ministry of Finance of Russia, which express diametrically opposite positions of these state bodies on the possibilities of legal crossborder remote work, have been studied. The main methodological approaches in the study were comparative jurisprudence and the method of expert assessments. Also, analysis and synthesis, statistical, formal legal and functional methods were used. The study has found that the modern labor market is characterized by an increase in the number of people working remotely. The phenomenon of the globalization of the labor market in the context of the digitalization of the economy has been updated. It is concluded that it is necessary to distinguish between actual remote work in virtual space and work with duties partially performed remotely. The pros and cons of teleworking as a dynamically developing form of precarious employment are outlined. The thesis about the need to review traditional approaches in labor law in relation to the place of work and workplace as mandatory conditions of an employment contract in relation to remote labor relations is substantiated. The authors’ position, explaining the difference in the approaches of the Ministry of Labor and the Ministry of Finance of Russia in relation to remote work abroad and based on the interpretation of the relevant norms of labor and tax law, is determined. The problems of income taxation and mandatory social insurance of remote employees who are located in a different jurisdiction than their employer are identified. Since the problem of cross-border remote labor has become global, the article provides examples from foreign (US) experience of legal regulation, which are radically different from the modern Russian practice. As a result, general problems of the development of cross-border distance employment and the legal consequences of the development of virtual labor migration from the point of view of labor and tax legislation and the practice of its application have been identified. The conclusion is made about the imperfection of the legal regulation and administrative practice of the Russian Federation in relation to the work of persons engaged remotely outside the jurisdiction of the country of registration of their employer. Separate proposals for improving the Russian legislation, designed to legalize and streamline crossborder distance labor relations, are presented.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

scholarly journals Digital Technology in Labor Relations

Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Digital Economy ◽  
Records Management ◽  
Employment Contracts ◽  
Legal Norms ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.

scholarly journals On the issue of changes in labor legislation on remote (remote) work (experience of the COVID-19 pandemic)

2021 ◽  
Vol 1 (8) ◽  
pp. 118-124
Author(s):  
E. A. Kashekhlebova
Keyword(s):  
Russian Federation ◽  
Work Experience ◽  
Large Scale ◽  
Legal Regulation ◽  
Scale Transformation ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Restrictive Measures

The sphere of social and labor rights has undergone a large-scale transformation due to the COVID-19 pandemic and related restrictive measures. Almost all enterprises and organizations during the period of restrictive measures were forced to switch to a remote (remote) mode of operation. Some, and sometimes all, employees of organizations were forced to perform their labor function, stipulated by an employment contract, at home.At the same time, before the introduction of the above-mentioned forced measures and subsequent amendments to the labor legislation regarding the regulation of the work of “homeworkers”, there were no provisions in the domestic labor legislation that would allow establishing legal regulation of the emergence of this kind of relationship between an employee and an employer.In December 2020, the Federal Law “On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases” was adopted.This article is devoted to a conceptual review of the amendments to the Labor Code of the Russian Federation adopted in 2020, aimed at establishing the regulation of remote (remote) work, as well as the procedure for temporary transfer of an employee to remote (remote) work on the initiative of the employer in strictly exceptional cases.

scholarly journals Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

scholarly journals DISTANCE EMPLOYMENT AS AN INSTITUTION OF WORKING TIME AND THE MAIN EVOLUTIONARY TYPE OF EMPLOYMENT IN A PANDEMIC

2021 ◽  
Vol 7 (1) ◽  
pp. 126-146
Author(s):  
Angelika V. Yasinskaya-Kazaschenko ◽  
Irina V. Sholomitskaya
Keyword(s):  
Comparative Analysis ◽  
Labor Relations ◽  
Legal Regulation ◽  
Remote Work ◽  
Global Pandemic ◽  
The Russian Federation ◽  
The Republic ◽  
The Stability ◽  
Distance Work ◽  
Further Development

The development of the digital economy, the change in the image of workers, their values, as well as the threat of a global pandemic indicate the further development and widespread introduction of non-traditional forms of employment. The article examines the historical preconditions for the formation of a distance form of employment. The authors conclude that distance employment is an evolutionary form of employment and, in the context of the COVID-19 pandemic, is designed to ensure the stability of labor relations. The features of the legal regulation of distance work in the Republic of Belarus are analyzed, a comparative analysis of the legal regulation of distance employment in the Russian Federation is carried out. The main mistakes made by employers when transferring workers to remote work have been studied. Basic recommendations are given for transferring employees to a remote form of employment, taking into account the requirements of the legislation of the Republic of Belarus. There were used such methods as analysis, synthesis, dialectical, historical, formal logical, formal legal and comparative legal in this research.

scholarly journals Legal bases of automation of Federal Treasury activities in the field of state financial control: problems of using information systems

2021 ◽  
pp. 178-190
Author(s):  
A. O. Logvencheva
Keyword(s):  
Information Systems ◽  
Russian Federation ◽  
Legal Regulation ◽  
Economic Security ◽  
Control Measures ◽  
Automated System ◽  
Financial Control ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Ministry Of Finance

The strategy of economic security of the Russian Federation for the period up to 2030 defines various directions of ensuring economic security, one of which is to improve the activities of control bodies, including the Federal Treasury, which, in turn, is carried out through the application of various measures, in particular, information, which includes the creation and organization of information systems aimed at automating control activities. The presented research is devoted directly to the analysis of the legal regulation of these information systems. The article discusses the legal foundations of the organization and functioning of information systems specified in the Letter of the Ministry of Finance of the Russian Federation No. 02-10-07/74315, namely the GIS of public Finance management “Electronic Budget”, GIS “Official website of the Russian Federation in the information and telecommunications network “Internet” for posting information on the implementation of state (municipal) financial audit (control) in the field of budgetary legal relations” and GIS “Unified Information System in the field of procurement”. In addition, a study of the legal regulation of systems not mentioned by the Ministry of Finance of the Russian Federation among those contributing to the conduct of state financial control is presented — an automated system for planning control and supervisory activities of the Federal Service for Financial and Budgetary Supervision in executable modules and GIS “Standard cloud solution for automation of control (supervisory) activities”. The impossibility of using the second of these systems when carrying out state financial control measures has been established. In conclusion, the specific directions of the use of the considered information systems in carrying out control measures by the Treasury of Russia are presented. 

scholarly journals Original scientific article Employer’s Abuse of the Right to Labour Management

2021 ◽  
Vol 18 (4) ◽  
pp. 413-422
Author(s):  
A. A. Sitnikov
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Scientific Article ◽  
Scientific Methods ◽  
The Russian Federation ◽  
Theory Of Law ◽  
The Right ◽  
Abuse Of Law

Introduction. In the process of employees’ labor managemeint, it is possible that the employer uses formally legitimate powers to harm the employee, therefore the article is devoted to studying the problem of employer’s abuse of the right to manage labor. Purpose. Give a legal description of the employer’s abuse of the right to manage labor in the exercise of discretionary powers, determine the relationship between the category of abuse of the right and discrimination in labor relations, and determine the consequences of such abuse, if a gap is identified in the legal regulation of problematic relations between the employer and employees, propose a draft of norms supplementing the Labor Code of the Russian Federation, ensuring proper protection of the rights and legitimate interests of the employees. Methodology. In addition to general scientific methods (analysis, synthesis, analogy), private scientific methods were also used, such as formally legal, systemic and comparative legal. Results. The right to labor management consists of normative permissible powers, with the help of which the operational management of labor is carried out. The exercise of formally legitimate powers with the aim of harming an employee is an abuse of the employer's right to manage labor, so the employer’s unlawful motive is a constituent element of abuse of the right. Actions, the result of which is a violation of the rights of workers, are not an abuse: they should be attributed to discriminatory actions, since the exercise of the right cannot entail a violation of another right. It is concluded that the current legislation does not provide a mechanism to protect employees from abuse by the employer. An analysis of the norms of the Civil Code of the Russian Federation shows that abuse of law is a form of unfair behavior, the principle of good faith is a general legal principle, and the existence in the Labor Code of the Russian Federation of norms providing for special consequences of unfair behavior of the parties to labor relations would help in solving the identified problem. A draft of norms supplementing the Labor Code of the Russian Federation designed to ensure adequate protection of the interests of employees from abuse of rights by the employer is proposed. Conclusion. Both in the doctrine and in practice, there is a confusion of the concepts of employee discrimination and abuse of law by the employer. From the point of view of the theory of law, it is necessary to distinguish between these categories, and the legislation should contain adequate mechanisms to protect employees from abuse of law by the employer.

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