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.

Temporarily or partially remote work: law enforcement lessons

2020 ◽  
pp. 70-80
Author(s):  
Viktor Lebedev ◽  
Elena Lebedeva
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Labor Relations ◽  
Legal Regulation ◽  
Remote Work ◽  
Federal Law ◽  
Employment Contract ◽  
Remote Workers ◽  
The Russian Federation ◽  
Further Development

The article considers the state’s initiatives for the further development of remote forms of labor relations. The features of providing medical care in a remote format are considered. Comparative analysis: draft decree of the RF Government “On peculiarities of legal regulation of labor relations in 2020” from 27.05.2020 and draft Federal law “On introducing amendments to article 57 of the Labor code of the Russian Federation” dated 02.06.2020 offering to regulate temporary and partial shift on the remote (remote) work; the main provisions of the employment contract and the peculiarities of employment contract for remote workers.

scholarly journals LEGAL REGULATION OF LEAVES IN THE REPUBLIC OF KAZAKHSTAN AND THE RUSSIAN FEDERATION: A COMPARATIVE ANALYSIS

2017 ◽  
pp. 99-103
Author(s):  
Елена Хозерова ◽  
Elena Hozerova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal System ◽  
Labor Relations ◽  
Legal Regulation ◽  
Negative Experience ◽  
Member States ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Republic

Under the conditions of created integration of the EAEU and the Trade Union there exists an objective necessity for harmonization of the member states’ legislation of the said organizations. A comparative analysis of these states’ legislation became the most popular for the purposes of formation of a unified legal system, including the sphere of labor and labor relations. In this connection the question of labor relations and in particular the legal regulation of labor and rest became especially relevant. In accordance with Article 24 of the Universal declaration of human rights (1948) the right to periodic holidays with pay is granted to everyone. This right is a constitutional right of all EAEU member states (the Republics of Armenia, Belarus, Kazakhstan, the Russian Federation, the Kyrgyz Republic), in terms of which the free movement of goods, services, capital and manpower is ensured. Given that as part of the implementation of the Plan of Nation — 100 concrete steps for realization of five institutional reforms the Republic of Kazakhstan adopted a new Labor code, whose provisions are intended for liberalization of labor legislation, which is in terms of the implementation of economic reforms also is proposed in Russia, a comparative analysis of these countries’ labor legislation, including the question of leaves, appears to be very relevant. The system of leaves in the Republic of Kazakhstan and the Russian Federation is similar in many ways, although there are certain procedural differences. A comparative analysis of the leave regulations in these states would help find out and take into account both positive and negative experience, which at the end of the day will foster the development of national legislation and the formation of a unified legal system.

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.

CERTAIN ISSUES OF LEGAL REGULATION OF LABOR IN QUARANTINE

2018 ◽  
Author(s):  
Leonid Ostapenko ◽  
Keyword(s):  
Comparative Analysis ◽  
Working Conditions ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Remote Work ◽  
School Work ◽  
Right To Work ◽  
The World ◽  
The Right

The article is devoted to the issues of special regulation of labor relations under quarantine. Such a basic concept of labor law as remote and at-school work is considered. Comparative analysis of legislation of the countries of the world on homebased work and peculiarities of its use in modern market conditions is carried out. The example of tv workers describes the working conditions of their work both outside the permanent workplace and in the time of performance of the labor functions defined for them. Attention is paid to the need to take into account the peculiarities of remote work not only with the help of television technologies, but also in other media. Taking into account the current national legislation, new well-founded approaches in terms of the legal and organizational basis for the functioning of the labor regime during the quarantine restrictions are proposed, which to some extent will contribute to the implementation of the right to work for the population of Ukraine.

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.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

Technological and Economic Aspects of Intensive Gardening Development in Russia

2020 ◽  
pp. 28-36
Author(s):  
L.A. Velibekova ◽  
◽  
Sh.M. Magomedgadgiev ◽  
Keyword(s):  
Climatic Conditions ◽  
Necessary Condition ◽  
Healthy Lifestyles ◽  
Current State ◽  
Nursery Management ◽  
The Russian Federation ◽  
The Republic ◽  
Further Development ◽  
Key Industry ◽  
Fruit Plantations

The article notes that the growing popularity of healthy lifestyles contributes to the increase in consumption of fruits and berries. At the same time, the analysis of the dynamics of the gardening industry for 2000-2018 shows that the problem of providing fresh fruits and berries to the population remains one of the most important. Based on actual data, linear and logarithmic models of time series of key industry indicators for the period 2010 – 2019 have been compiled. Calculations showed that in the Russian Federation as a whole the trend of reduction of sown areas of perennial fruit plantations will continue with growth of yield and gross fees. In this regard, the issues of distribution and introduction of gardens of intensive type are updated. An overview of the views of domestic scientists-gardeners on the concept of “intensive garden” is given. It has been established that the distribution of intensive gardens is possible only if there are favorable natural and climatic conditions and a developed scientific and production base of nursery management. The current state and problems of gardening in one of the leading regions – the Republic of Dagestan - are considered. A significant technological lag of region in the further development of intensive horticulture has been identified. Various directions of intensification process in horticulture as the main and necessary condition of growth of efficient and sustainable production are summarized.

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.

Sign in / Sign up

Export Citation Format

Share Document