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.

Features of Prosecutor’s supervision over observing the citizens’ labor rights in the context of the spread of new coronavirus infection (COVID-19)

2021 ◽  
Vol 23 (2) ◽  
pp. 24-27
Author(s):  
NATALYA TROSHINA ◽  
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Labor Rights ◽  
Remote Work ◽  
Labor Discipline ◽  
Labor Legislation ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation

The author analyzes the problematic aspects of the prosecutor’s supervision over the observance of the labor rights of citizens involved in remote work and the temporary transfer of employees to remote work at the initiative of the employer in exceptional cases. During the spread of coronavirus infection (COVID-19), the legal regulation of teleworking is one of the most important aspects requiring special attention. In practice, remote work is connected with such difficulties as the discipline of workers. In the article, the author gives considerations regarding the workplace of a remote worker, highlights the rules for bringing an employee to disciplinary responsibility, and shows the means of regulating the labor discipline for teleworking employees. The author emphasizes that it is through the efforts of the employer that it is possible to increase the discipline of employees in remote work. The article describes the position of the Supreme Court of the Russian Federation regarding civil claims for reinstatement at work during the period of working remotely. Also, the author analyzes the state of legality in the field of labor relations. The article provides the author’s point of view concerning the application of labor legislation and the implementation of prosecutorial supervision in this field.

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 The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

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.

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 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 Features of the labor organization of persons sentenced to compulsory and correctional labor

2019 ◽  
Vol 13 (1) ◽  
pp. 59-63
Author(s):  
S. N. Kondratovskaya ◽  
◽  
E. V. Valkova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Penal Code ◽  
Controversial Issues ◽  
Labor Organization ◽  
National Legislation ◽  
Labor Legislation ◽  
The Russian Federation

The article covers controversial issues of legal regulation of labor of persons sentenced to compulsory and corrective labor. On the basis of an analysis of the norms of national legislation a conclusion was made on the priority of the norms of the Penal Code of the Russian Federation over the norms of labor legislation in the regulation of labor of convicts.

The Innovation Activity of Russian Enterprises from 2010 to 2020 according to Federal State Statistics Service

2021 ◽  
pp. 56-64
Author(s):  
Nataliya Levkina ◽  
Tatyana Averina
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Innovative Activity ◽  
Scale Transformation ◽  
Innovation Activity ◽  
Federal State ◽  
Russian Economy ◽  
The Russian Federation ◽  
Regional Programs

In modern conditions, there is a large-scale transformation of the Russian economy in the direction of its digitalization, accordingly, the innovative activity of enterprises and organizations is of particular importance. This work is devoted to the assessment of the dynamics of innovation activity of Russian enterprises for the period from 2010 to 2020 according to Rosstat of the Russian Federation. The analysis of the main indicators of innovation activity indicates that the level of innovation activity in the whole country is low, and most of the indicators show negative dynamics, which jeopardizes the implementation of many large-scale innovative projects. The results of the study can be used in planning and adjusting federal and regional programs for digitalization of certain industries and areas of activity.

Updating labor legislation in 2020

2020 ◽  
pp. 57-69
Author(s):  
Viktor Arkadyevich Lebedev ◽  
Elena Ivanovna Lebedeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Labour Relations ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government ◽  
Managerial Positions ◽  
The Right ◽  
Compensation Payments ◽  
Made In

The article deals with the issues of further improvement of labor legislation, including a comparative analysis of the amendments made in 2020 to the Labor code of the Russian Federation concerning the establishment of the age limit for filling managerial positions of budgetary universities, scientific and medical organizations. The analysis of the initiatives of the Government of the Russian Federation in the procedure for delegating him the right to make decisions, establishing features of legal regulation of labor relations, taking into account opinion of the Russian trilateral Commission for regulating social-labour relations, including those relating to compensation payments to employees of organizations of the far North and equated localities.

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