THE MECHANISM FOR CALCULATION OF PAYMENT FOR EMPLOYMENT CONTRACT TERMINATION AN THE INITIATIVE OF THE EMPLOYEE – A PROFESSIONAL ATHLETE

2021 ◽  
pp. 185-192
Author(s):  
Elena M. Ofman ◽  
◽  
Michail S. Sagandykov ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Soccer Players ◽  
Employment Contracts ◽  
Employment Contract ◽  
Professional Soccer ◽  
Labor Legislation ◽  
Russian Federa Tion ◽  
Logical Content ◽  
The Russian Federation

To study the issue of establishing a mechanism for calculating the amount of payment in the event of termination of an employment contract at the initiative of an athlete (at his own discretion). Study and logical-content analysis of legislative acts and court decisions on disputes on termination of employment contract at the initiative of a professional sportsman (at his own will); synthesis of concepts and theoretical provisions; generalization of experi-ence of foreign countries. As a results. The analysis of materials of international, foreign and domestic court prac-tice in cases of termination of employment contracts by professional soccer players at their own will allowed to establish the imperfection of the labor legislation of the Russian Federa-tion in terms of the absence of borders and criteria for establishing the amount of compensa-tion to be paid by the employee in the event of termination of the employment contract at his own will, and also allowed to determine the mechanism for calculating the amount of the said payment. It seems that it is correct from the point of view of protecting the rights and interests of professional soccer players' employees and employers-football clubs to establish at the level of the labor legislation a mechanism for calculating the amount of compensation payable in the event of termination of the employment contract at the initiative of the sportsman (at his own will). The amount of this amount should include payments similar to those included in the amount of compensation for training at the transition of a professional soccer club from one professional soccer club to another. In case of conclusion of a fixed-term employment contract with an athlete, the "price of the rupture" of the employment contract at the initiative of the employee should be the amount of his unearned wages and other agreed payments (by analogy with Art. 249 of the Labor Code of the Russian Federation). If an employment contract was concluded as an open-ended one, the amount of compensation to be paid should be a multiple (perhaps three times, by analogy with Art. 181 of the Labor Code of the Russian Federation) the amount of wages of such employee.

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 Понятие, принципы, стороны, система (уровни) и организационные формы социального партнерства в сфере труда

2021 ◽  
Vol 70 (6) ◽  
pp. 48-51
Author(s):  
Е.М. Коничева
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Employment Contract ◽  
Social Partnership ◽  
Collective Agreements ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Collective Negotiations

The article is devoted to the analysis of the labor legislation of the Russian Federation in the context of the development of various forms of social partnership. The study concluded that social partnership is one of the forms of coordination of the interests of the parties to the employment contract between the employee and the employer. The development of labor relations in Russia is promoted by various commissions for the regulation of social and labor relations - social partnership bodies that have competence in the field of organizing collective negotiations and drafting collective agreements and contracts in accordance with the legislation

scholarly journals Actual problems of application of labor protection rules of the Labor Code of the Russian Federation and the ways of solutions

2018 ◽  
Vol 2 (1) ◽  
pp. 63-68
Author(s):  
Roman V. Kirsanov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Legal Regulation ◽  
Labor Protection ◽  
Employment Contract ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Right ◽  
Safe Working

The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.

Additional grounds for termination of an employment contract with the head of the organization: dismissal under paragraph 2 of Part 1 of Art. 278 of the Labor Code of the Russian Federation

2021 ◽  
pp. 672-679
Author(s):  
E.V. Krasnoyarova
Keyword(s):  
Russian Federation ◽  
Employment Contract ◽  
Legal Norms ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Russian Federation

The article examines the additional grounds for termination of the employment contract with the head of the organization, gives examples of judicial practice, reveals contradictions in the application of specific legal norms, and also makes proposals for improving labor legislation.

scholarly journals Responsibility of the employer for non-compliance with the terms of the employment contract

2021 ◽  
Vol 39 (3) ◽  
pp. 127-131
Author(s):  
Z. A. Alieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Employment Contract ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Federal Laws ◽  
Compensation For Damage

The article is devoted to the issues of the employer's liability for non-compliance with the terms of the employment contract. The aim of the study is to examine the types of liability of employers for violation of the terms of the employment contract. It says that employers guilty of non-compliance with the terms of the employment contract are subject to material, disciplinary, civil, administrative and criminal liability. The problematic issues of compensation for damage to an employee caused by violation of labor legislation are considered. Revealed and substantiated the need for timely payment of wages to employees. Analyzed materials of judicial practice concerning the illegal dismissal of an employee, as well as non-payment of wages to the employee. It is concluded that employers who are guilty of non-compliance with the terms of the employment contract are liable in the cases and in the manner established by the Labor Code of the Russian Federation and other federal laws

To the question of remuneration for creative workers

2021 ◽  
pp. 182-188
Author(s):  
T.V. Russkikh
Keyword(s):  
Russian Federation ◽  
Labor Law ◽  
Significant Deterioration ◽  
Employment Contract ◽  
Labor Legislation ◽  
Creative Workers ◽  
The Russian Federation ◽  
The Creation

The salary received by an employee under an employment contract is, as a rule, his only source of livelihood. Within the framework of this article, some problems of remuneration of creative workers are considered during the period when they do not participate in the creation and (or) performance (exhibit) of works or do not act. The article concludes that abuse by employers of the freedom granted to them by Part 5 of Article 157 of the Labor Code of the Russian Federation leads to a significant deterioration in the position of creative workers in comparison with workers in other professions. At the same time, the norms of differentiation should not be interpreted arbitrarily in violation of the Constitution of the Russian Federation and the fundamental norms of labor law, be discriminatory. It is concluded that the freedom of the employer as a party to the employment contract, even within the framework of the institution of remuneration, should be limited within certain limits. The ways of improving the current labor legislation are proposed.

scholarly journals Problems of Cancellation of an Employment Contract

2021 ◽  
Vol 16 (4) ◽  
pp. 101-119
Author(s):  
S. V. Kichigin
Keyword(s):  
Russian Federation ◽  
Social Insurance ◽  
Soviet Period ◽  
Practical Implementation ◽  
Federal Law ◽  
Employment Contracts ◽  
Employment Contract ◽  
Start Date ◽  
The Russian Federation ◽  
Teleological Interpretation

The emergence of the concept of cancellation of employment contract in the Labor Code of the Russian Federation followed the development of this concept in the science of labor law in the Soviet period of our history. It was at that time when essential differences were identified between termination of employment contract after the start date and cancellation of employment contract before its practical implementation. The legislator twice adjusted the regulations on cancellation: legal and technical shortcomings were eliminated; the real will of the legislator was clarified. However, even now there is an urgent need to develop Art. 61 of the Labor Code of the Russian Federation. In addition, based on the study of the work of personnel services, judicial practice, scientific literature, teleological interpretation of the studied norms of law, this work provides an answer to a number of previously unconsidered issues, the resolution of which is the subject of discussion. In particular, the following issues were investigated: (1) the issues of the validity of the extension of the rules on cancellation to all cases of concluding employment contracts; (2) problems of normative regulation of provision for compulsory social insurance in the event of an insured event; (3) the documentary registration and procedure for the employer in the process of canceling the employment contract; (4) the consequences of the cancellation of the employment contract in the event of a lawful and unlawful denial of an employee to work; (5) the consequences of the employer’s refusal to cancel the employment contract with the employee. Based on the results of the study and systematization of approaches to understanding the procedure for canceling an employment contract, the author presents his own version of the interpretation of controversial provisions. The author proposes a way to overcome the contradictions between the norms of the analyzed article of the Labor Code of the Russian Federation and the norms of the Federal Law of December 29, 2006 No. 255-FZ "On Compulsory Social Insurance ... " by adjusting the provisions of the Labor Code of the Russian Federation, which regulate the procedure for canceling an employment contract.

Conclusion of a Fixed-Term Employment Contract: Theoretical and Practical Problems

2020 ◽  
Vol 9 ◽  
pp. 49-56
Author(s):  
E. A. Ershova ◽  
Keyword(s):  
Russian Federation ◽  
Employment Contracts ◽  
Employment Contract ◽  
Russian Scientific ◽  
The Russian Federation ◽  
Federal Laws

In the article theoretical and practical problems of the conclusion of the fixed-term employment contract are researched, and also the legislation and positions of the Soviet and Russian scientific workers are analyzed. The conclusion is made: fixed-term employment contracts may be concluded only in cases stipulated by federal laws adopted in accordance with Article 55 of the Constitution of the Russian Federation, and not by «agreement» of the parties to the employment contract.

Remote work has changed the format: note to the accountant of the medical institution

2021 ◽  
pp. 55-62
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Medical Institution ◽  
Remote Work ◽  
Federal Law ◽  
Employment Contract ◽  
Labor Legislation ◽  
Remote Workers ◽  
The Russian Federation

The article analyzes the latest changes in labor legislation that came into force on January 01, 2021. The article considers the provisions of 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” of 08.12.2020 № 407-FZ, which must be taken into account when providing medical care in a remote format; the main provisions on the employment contract and the features of the employment contract of remote workers, including the features of the admission and dismissal of remote workers.

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