scholarly journals SPECIFICS OF CIVIL AND LABOR RELATIONS BETWEEN THE GENERAL DIRECTOR AND THE BUSINESS COMPANY Part 1

2021 ◽  
Vol 38 (2) ◽  
pp. 64-67
Author(s):  
E.B. Abakumova ◽  
◽  
Keyword(s):  
Labor Relations ◽  
Point Of View ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Relationship ◽  
Executive Body ◽  
General Director

The article is devoted to the study of the nature of legal relations between a business company and a person who performs the functions of a sole executive body. The author adheres to the point of view that there are two types of legal relations between the general director and the business company: corporate, concerning the participation of the sole executive body in the management of the business company, and labor, concerning the performance of its labor duties as a manager. The paper proves the fallacy of the statement about the nonproliferation of labor legislation on the relationship between the business company and the general director, who is the sole participant of the LLC, and justifies the legality of the conclusion of an employment contract in this case.

scholarly journals Specifics of civil and labor relations between the general director and the business company. Part 2

2021 ◽  
Vol 39 (3) ◽  
pp. 89-93
Author(s):  
E. B. Abakumova ◽  
Keyword(s):  
Labor Relations ◽  
Civil Law ◽  
Early Termination ◽  
Scientific Study ◽  
The Relationship ◽  
Executive Body ◽  
General Director

This article continues the scientific study of the specifics of labor and civil law relations between a business company and a person performing the functions of a sole executive body. The author considers the legal features of the suspension and early termination of the powers of the sole executive body of the company, shows the relationship between the norms of labor and civil legislation

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 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 CONTRACT - A TOOL FOR IMPROVING MANAGEMENT OF THE NATURAL RESERVE FUND

2018 ◽  
Vol 20 (1(66)) ◽  
pp. 148-161
Author(s):  
T.O NIKOLAJCHUK ◽  
N.I. KHUMAROVA
Keyword(s):  
Nature Reserve ◽  
Labor Relations ◽  
Personal Responsibility ◽  
Standard Form ◽  
Economic Incentives ◽  
Living Conditions ◽  
Point Of View ◽  
Labor Contracts ◽  
Employment Contract ◽  
Reserve Fund

Topicality. Market transformations in the country's economy caused the need to revise the labor relations institute from the economic development point of view. Particular importance was the theoretical reassessment labor relations institutional: the old labor law institutes, which corresponded to the administrative command system, must transform to new ones, that contain market needs. One of such labor relations institutes are contractual relations between the employer and the employee, which allow to personalize the labor relations as much as possible, consider the economic interest of both parties, and protect as far as possible the mutual interests and rights. Aim and tasks. The aim of the article is represented the main tendencies and realities of using an employment contract in Ukraine's companies, which is signed in the standard form. The current legislation gaps of the contract using are considered as a special employment contract form with the companies leaders and other employees categories, depending on the specifics enterprise's activity or belonging to the management sphere. The preconditions for the special legislation implementation are determined during the labor contracts conclusion with the Ukrainian's nature reserve fund enterprises heads. The personal responsibility for environmental protection legislation and violation conditions are considered. Proactive and experienced specialists are established an extensive system of allowances and one-time incentives. Research results. In this article we have reviewed the implementation preconditions during the labor contracts' conclusion with the enterprises' heads of the Ukrainian nature reserve fund. We have considered the responsibility personalization conditions for environmental legislation violations with the definition of socio-economic components. For example, the contract may also stipulate social and living conditions, such as the garden plot allocation, a car, living conditions improvement, the share sale at par value, the social pensions surcharges establishment, protection against inflation processes and so on. Also it may be envisaged an employee to move another area. Conclusions. A contract can give the chance to more people to realize their work abilities on the most favorable conditions, to build the civil society foundations and the legal capitalist state. Contract's application can detail the labor relations, the system of economic incentives and encouragement, protects the rights of both employee and employer, and also provides an opportunity to assess the mutual responsibility's degree.

scholarly journals Abuse of rights as an unlawful implementation of labor law

1970 ◽  
pp. 164-168
Author(s):  
Yana Simutina
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Labor Law ◽  
Good Faith ◽  
Labor Rights ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labor Legislation ◽  
Legitimate Interests ◽  
Abuse Of Law

The article studies the problem of abuse of law in the context of the implementation of labor law. In this context, the abuse of labor rights should be understood as a special type of legal behavior consisting in the exercise by subjects of labor relations of their rights in an inappropriate way, that contradicts the purpose and principles of the branch of labor law, as a result of which legitimate interests are ignored and other subject of labor relations can be harmed. The concept of "abuse of rights" is closely linked to the principle of integrity. In exercising their rights and performing their duties, the subjects of the employment relationship must act in good faith. The principle of good faith in labor law should characterize the aspirations of the subjects in a proper and honest manner to exercise the granted labor rights and to fulfill their obligations. Specific forms of abuse of rights by employees are: 1) concealment of temporary disability; late notification of temporary disability at the time of dismissal; 2) concealing information about pregnancy; 3) concealing the fact of disability; 4) deliberate task of material harm to the employer by unfair acts - termination of the employment contract at will, and then appeal of dismissal; 5) deliberate delay in obtaining a work book or settlement upon dismissal and the like. Employers resort to abuse of rights mainly in the following cases: 1) when dismissing an employee; 2) when fulfilling the duties of creating an employee the necessary conditions for performing the work function; 3) in case of repeated renegotiation of fixed-term employment contracts with an employee; 4) when giving an employee guarantees in case of termination of the employment contract stipulated by the labor legislation, etc. It is proved that one of the main directions of further improvement of labor legislation is the need to establish the principle of good faith and the inadmissibility of abuse of law as one of the branch in the science of labor law, which should apply to all subjects of labor and related relations - workers, employers, trade unions, associations of employers.

scholarly journals CONTRACT AS THE REASON FOR THE CURRENT LABOR LEGISLATION OF POLICE IN UKRAINE

Social Law ◽  
2019 ◽  
Author(s):  
V. Veretin
Keyword(s):  
Police Officers ◽  
Labor Relations ◽  
Employment Contract ◽  
National Legislation ◽  
Legal Literature ◽  
Labor Legislation ◽  
Competition Commission ◽  
The Law ◽  
Definition Of ◽  
National Police

The article is devoted to the study of the contract on service in the police as the basis for the emergence of labor relations of police officers. The article examines the norms of national legislation providing for the use of a contract as a basis for the emergence of labor relations, as well as scientific approaches to understanding the nature and characteristics of a contract. The definition of the “contract on service in the police” and the proposals for the improvement of national legislation in the field of service in the police are given. It is substantiated that the Labor Code of Ukraine stipulates in fact two grounds for the emergence of an employment relationship: an employment contract and a contract. Along with this it is proposed to highlight other reasons, namely the act of appointment; the act of election to office; the decision of the competition commission; a court decision on the conclusion of an employment contract; referral to work by a body authorized by the law at the expense of the established quota. It is stated that the scope of contracts is limited by the laws of Ukraine, that is, contracts can be concluded by employers only with those categories of employees that are clearly defined by law. Non-compliance with this rule is a ground for recognition in accordance with Art. 9 of the Labor Code invalid contractual working conditions, which worsen the position of the employee in comparison with the legislation of Ukraine. The thesis that the Labor Code of Ukraine primarily calls the contract a special form of employment contract, however, has been raised in the legal literature regarding this definition. The author makes arguments about the expediency of making changes to Art. 63 of the Law of Ukraine "On the National Police"

Problems of termination of an employment contract at the initiative of an employee

2021 ◽  
pp. 72-79
Author(s):  
O. V. Shcherbakova
Keyword(s):  
Labor Relations ◽  
Employment Contract ◽  
Labor Legislation

Issues related to the termination of an employment contract at the initiative of the employee (at their own request) are considered, answers to questions regarding the rights of employees are given, and the grounds for termination of labor relations provided for by labor legislation.

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.

Conclusion of an employment contract with the head of the organization

2021 ◽  
pp. 412-420
Author(s):  
E.V. Krasnoyarova
Keyword(s):  
Labor Relations ◽  
Employment Contract ◽  
Judicial Practice ◽  
Labor Legislation ◽  
Legal Forms

The conclusion of an employment contract with the head of the organization differs to a certain extent from the registration of labor relations with an ordinary employee. In most cases, preliminary procedures are required. This article focuses on the emergence of labor relations with the heads of organizations of various organizational and legal forms and forms of ownership, considered certain problematic issues, including judicial practice, which makes it possible to make proposals for improving labor legislation.

scholarly journals CONCEPTS AND THE ESSENCE OF TERMINATION OF LABOR RELATIONS

Social Law ◽  
2019 ◽  
pp. 160-169
Author(s):  
M. Komarnitskaya
Keyword(s):  
Labor Relations ◽  
Employment Relations ◽  
Employment Contract ◽  
Legal Literature ◽  
Labor Legislation ◽  
Legal Consequence ◽  
The Law ◽  
Definition Of ◽  
Lexical Content ◽  
Legal Meaning

The article analyzes the specifics of termination of labor relations. The author's definition of thislegal category is provided. The essence and importance of termination of labor relations are outlined,where it is established that it stipulates certain legal facts termination of legal relations between theemployer and the employee, which have arisen on the basis of the employment contract and wereformalized by it, as well as the legal consequence of the emergence and action of certain legal facts whichin the legal literature are called termination. It is clear that clarifying the concept under consideration, itis necessary to determine its separate components, such as "termination" and "labor relations. ". As forthe first component, it has less legal meaning than lexical content, and only in conjunction with thesecond component forms a separate legal category. In terminology dictionaries, termination is regardedas the action of the meaning of cease and desist, and the term "cease" is considered, in particular, how tocease to do something, to cease to happen, to remain without completion, to cease to exist, to refuse tocontinue, to put an end to any -Why; to achieve the rejection of something, the completion of something,the limit of something. It is determined that the essence of termination of employment is manifested in thefact that this category: implies, due to certain legal facts, the termination of legal relations between theemployer and the employee, which arose on the basis of an employment contract and were formalized byhim; is the legal consequence of the occurrence and action of certain legal facts, which are referred to aslawbreakers in legal literature. Accordingly, the legal connection between the employer and the employee regarding the object - work disappears, and the respective rights and obligations of the parties areterminated due to the reasons stipulated by the law. Termination of employment under any circumstancesmeans the termination of all rights and obligations of the subjects of employment relations, the conditionson which those relations were built, and always means the impossibility of maintaining the existing legalrelationship due to the absence of one or all elements of such relations. Such termination can be in threeways for the disappearance of the object of employment relations, the content of such relations, or for thesubjects of those relations. We consider it expedient and correct to use the concept of “termination ofemployment” in the draft Labor Code instead of the term “termination of employment contract” used inthe current labor legislation.

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