scholarly journals Advantages and Disadvantages of the New Edition of Chapter 49.1 of the Labor Code of the Russian Federation

Lex Russica ◽  
2021 ◽  
pp. 32-43
Author(s):  
N. V. Chernykh
Keyword(s):  
Russian Federation ◽  
Trade Unions ◽  
Working Hours ◽  
Wage Structure ◽  
Legal Regulation ◽  
Remote Work ◽  
Employment Contract ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
The Right

The paper analyzes the novels of Ch. 49.1 of the Labor Code of the Russian Federation introduced on January 1, 2021. It highlights advantages and disadvantages of new approaches of the legislator to the regulation of remote work, describes preliminary results regarding the application of new rules. The merits of the new edition of Ch. 49.1 of the Labor Code of the Russian Federation include the emergence of the opportunity to combine work “in the office” with a remote work in accordance with the employment contract, the cancellation of Article 312.5 of the Labor Code of the Russian Federation that contains the right to establish additional grounds for terminating an employment contract with a remote worker, and the simplification of the procedure for signing an employment contract and other documents required for registration of employment of a remote worker. As shortcomings, the author enumerates the absence in the new edition of Ch. 49.1 of the Labor Code of the Russian Federation of norms concerning the peculiarities of implementation by teleworkers of the right to join trade unions to protect their rights, the peculiarities of investigating an industrial accident or occupational disease of a teleworker, the absence of norms on the “right to be offline” beyond working hours for a teleworker, imperfection of the legal technique associated with the introduction into the legal field of two new grounds for terminating an employment contract with a remote worker. The author predicts possible violations of the newly introduced provision on the wages preservation in full when the employee performs his labor function remotely, which is linked to the incentive payments in the wage structure, awarding which is considered as a right, rather than an obligation of the employer. Among the disadvantages the paper names the lack of conflict-of-laws rules in the case of remote work carried out by both foreign workers and citizens of the Russian Federation outside its borders. In general, the author gives positive assessment of amendments introduced in Ch. 49.1 of the Labor Code of the Russian Federation, as expanding the possibilities of the parties to the employment contract for a more active application of the rules on distance work. The shortcomings noted in the paper should be regarded as material for theoretical comprehension and discussion with the aim of further improvement of the legal regulation of remote workers’ labor.

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.

scholarly journals Legality of Dismissal of Employees Working Irregular Hours for Appearance at Work in a State of Alcoholic, Narcotic or Other Kind of Intoxication

2020 ◽  
Vol 15 (12) ◽  
pp. 122-130
Author(s):  
I. S. Tsypkina
Keyword(s):  
Law Enforcement ◽  
Pregnant Women ◽  
Russian Federation ◽  
Working Hours ◽  
Legal Regulation ◽  
Legal Basis ◽  
Labor Disputes ◽  
Work Time ◽  
Employment Contract ◽  
The Russian Federation

The paper analyzes the issues related to irregular working hours, which arise due to the lack of proper legal regulation of this legal category. The author emphasizes that the inclusion of the irregular working hours provision into the employment contract is primarily determined by the employee’s labor functions, since it is the performance of this labor function that conditions particular working hours as the regular working hours may be not enough. In addition, the paper highlights the problem of the permissibility of establishing irregular working hours for pregnant women and persons for whom reduced working hours are established. The author concludes that the spread of the rule regarding the possibility of drawing a parallel between the restrictions provided for by Art. 99 and 101 of the Labor Code of the Russian Federation currently has no legal basis. In this regard, the author attempts to find ways to resolve this problem. The paper identifies controversial and ambiguously resolved in law enforcement issues that arise when resolving labor disputes related to the termination of an employment contract with an employee who is at work in a state of alcoholic, drug and other kind of intoxication, outside the established duration of working hours. For the purpose of uniform application of the current legislation, it should be assumed that for workers with irregular working hours, all the time they are at work is considered work time.

Оrder of registration of an employment contract concluded between an employee and an employer who is an individual who does not have the status of an individual entrepreneur

2021 ◽  
pp. 688-696
Author(s):  
J.A. Novikova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Labor Contracts ◽  
Employment Contract ◽  
Advantages And Disadvantages ◽  
The Status ◽  
The Russian Federation

The article analyzes the procedure for registering labor contracts concluded between an employee and an employer who is an individual who does not have the status of an individual entrepreneur, provided for by both the Labor Code of the Russian Federation and the regulatory legal acts of some municipalities, notes the advantages and disadvantages of the legal regulation of this issue, changes are proposed, that need to be included in these acts to improve the legal regulation of the indicated issue.

scholarly journals New Remote Work Regulations: Have Old Problems Been Solved?

Lex Russica ◽  
2021 ◽  
pp. 36-45
Author(s):  
N. L. Lyutov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Original Text ◽  
Remote Work ◽  
Urgent Problem ◽  
Department Of Labor ◽  
Emergency Situations ◽  
Remote Workers ◽  
The Russian Federation ◽  
The Right

At the beginning of 2021, new norms came into force, completely revising the content of Ch. 49.1 of the Labor Code of the Russian Federation concerning remote workers. Since 2020, the interest in this form of labor relations has acquired a feverish character due to the need to adapt to the COVID-19 pandemic. The original text of the amendments was prepared for the State Duma by the Department of Labor Law and Social Security Law of Kutafin Moscow State Law University. However, it was deeply revised during the discussion by social partners. The paper evaluates how the new rules on remote work solve the key problems identified by experts in connection with this form of work. The author makes conclusions that, as a whole, the new norms, to a greater extent, reflect the interests of employers rather than employees. For the convenience of employers, rules have been adopted that provide for the unilateral temporary transfer of employees to remote work mode in emergency situations, for the recall of employees from remote to stationary ork mode, etc.Unfortunately, the law failed to solve the urgent problem of securing the right of workers not to be in constant communication with the employer (“the right to disconnect”). The most important asset for workers is the exclusion from the Labor Code of the Russian Federation of the discriminatory right of employers in relation to remote workers to secure additional grounds for dismissal in an employment contract.A number of significant problems in the legal regulation of remote work remained unsolved. We are talking about transnational and trans-regional remote work, when remote workers and their employers are located in different states or in different constituent entities of the Russian Federation.

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.

Рroblems of the Judicialprotecting the Rights of the Indigenous Peoples of the Far East to Traditional Fisheries

2021 ◽  
pp. 63-72
Author(s):  
Yakunin D. V. ◽  
◽  
Khromin R. V. ◽  
Keyword(s):  
Indigenous Peoples ◽  
Russian Federation ◽  
Far East ◽  
Legal Regulation ◽  
The Far East ◽  
Indigenous Minorities ◽  
The Russian Federation ◽  
The Right ◽  
Traditional Fishing

The article is devoted to the analysis of the problems of protecting the right of indigenous peoples of the Far East to traditional fishing. To improve the legal regulation in this area, according to the author of the article, will allow the development of special procedures for resolving disputes with the participation of indigenous minorities, as well as amending the legislation of the Russian Federation regulating the rules of traditional fishing for indigenous minorities.

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 Updated Strategy of the state national policy of the Russian Federation: advantages and disadvantages

2019 ◽  
pp. 10-15
Author(s):  
Тамара Заметина ◽  
Tamara Zametina
Keyword(s):  
Russian Federation ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation

The article is devoted to the analysis of the new version of the Strategy of the state national policy. The content of this document is considered in systemic connection with the Constitution of the Russian Federation in 1993 and other acts in the field of national relations. The advantages of the new version of the Strategy, as well as gaps and shortcomings of legal regulation are identified, some proposals for its improvement are made.

Features of the working hours of remote workers: a note to the accountant of the medical institution

2021 ◽  
pp. 48-56
Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva
Keyword(s):  
Russian Federation ◽  
Working Hours ◽  
Working Time ◽  
Remote Work ◽  
Direct Control ◽  
Federal Law ◽  
Distinctive Features ◽  
Labor Legislation ◽  
Remote Workers ◽  
The Russian Federation

The article analyzes the novelties of labor legislation initiated by 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 N 407-FZ, which entered into force on January 1, 2021. The distinctive features of the working regime of remote workers are considered, which are characterized by the lack of direct control of the employee by the employer and, as a result, the urgent need to ensure the interaction of the parties to the employment contract through the use of IT technologies. The main changes in the regulation of the working regime of remote workers are shown, including the norms on the interaction of the employee and the employer, on the organization of the work of the remote employee and his working time.

scholarly journals Problems of Legal Regulation of Palliative Medical Care in the Russian Federation Subjects

2020 ◽  
Vol 17 (3) ◽  
pp. 78-82
Author(s):  
Anna Trutaeva
Keyword(s):  
Social Security ◽  
Medical Care ◽  
Russian Federation ◽  
State Power ◽  
Legal Regulation ◽  
Existing Problems ◽  
Degree Of Disability ◽  
The Russian Federation ◽  
The Right ◽  
Palliative Medical Care

Introduction. The problem of ensuring equal scope of the right to palliative medical care of citizens living on the territory of various subjects of the Russian Federation is raised. The article describes the current legal regulation of palliative care in the Russian Federation and the existing problems of providing it. Purpose. The author aims to determine the place of legal regulation in the mechanism of ensuring the right to palliative medical care and ways to increase the degree of guarantee of this right. Methodology. Methods of analysis and synthesis, formal-logical and comparative-legal methods are used. Results. A brief overview of the current legal regulation at the Federal level and in the subjects of the Russian Federation is given, and the different scope of the right to palliative medical care of citizens living on the territory of different subjects of the Russian Federation is recorded. The article highlights the consequences of different approaches to the legal regulation of the issues under consideration, and suggests changes to them. Population by sex and age, the structure of its incidence and the degree of disability in subjects of the Russian Federation are not the same, and the bodies of state power of subjects of this level have the ability to define the needs of the population in the form of medical care that is consistent with the goal inherent in the activities of the bodies of state power of subjects of the Russian Federation in the field of social security, namely with regard to the influence of the specific features on the life of citizens and securing a reasonable differentiation of social security. Conclusion. It is concluded that it is necessary to fix the guarantee of palliative medical care in the normative legal acts of the subjects of the Russian Federation regulating the issues of public health protection, regardless of the territory of living, gender, age, diagnosis and stage of treatment.

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