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.

Remote (remote) work: some aspects of legal regulation and enforcement

2020 ◽  
pp. 4-14
Author(s):  
N. N. Sokolenko ◽  
A. L. Mkrtchyan
Keyword(s):  
Information And Communication Technologies ◽  
Large Scale ◽  
Labor Relations ◽  
Labor Law ◽  
Communication Technologies ◽  
Legal Regulation ◽  
Remote Work ◽  
The Real ◽  
The World ◽  
Information And Communication

The onset of the Covid-19 pandemic, due to objective circumstances, led to a large-scale spread of the mode of work outside stationary workplaces, to the development of interaction between the parties to labor relations using information and communication technologies. So, the contradictions between the real processes in the world of work during the pandemic and Russian labor law were revealed.

REFORM OF LEGAL REGULATION OF REMOTE WORK AS A STIMULATION FOR ENTREPRENEURSHIP DEVELOPMENT IN RUSSIA

2020 ◽  
pp. 136-143
Author(s):  
Maria A. Andrianova ◽  
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Remote Work ◽  
High Quality ◽  
Quality Work ◽  
Entrepreneurship Development ◽  
Short Period ◽  
The World ◽  
Work Done ◽  
Usual Order

The pandemic has created many difficulties for entrepreneurs around the world, including in Russia. As you know, difficulties, disrupting the usual order, can give impetus for radical changes that would not have a chance to be realized in times of peace and prosperity. It seems that remote mode is not suitable for all forms of employment, but if initially the employer assumes such an opportunity, the main problem is not the lack of the ability to control the employee, but ensuring effective communication with him and the ability to timely obtain the results of high-quality work done. It is noted that this goal can be achieved with the help of greater detail in local regulations of the order and conditions of interaction between the employee and the employer. One of the most promising consequences of the pandemic has been the reform of the legal regulation of remote work. In a very short period of time, remote work in Russia from an unviable rudiment has become one of the most progressive institutions, which has every chance of making all labor law more flexible and effective. Such labor law will undoubtedly become one of the incentives for the development of entrepreneurship in Russia.

A Modern Vision of Methodological Approaches in Regulation of Labor Relations

2019 ◽  
Vol 10 (7) ◽  
pp. 2070
Author(s):  
Oleksii I. OSTAPENKO ◽  
Leonid O. OSTAPENKO ◽  
Oleksandra L. KHYTRA ◽  
Maryana TSVOK ◽  
Solomia VASYLIV
Keyword(s):  
Scientific Knowledge ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Practical Activity ◽  
Modern Development ◽  
The World ◽  
Methods And Techniques ◽  
Methodological Approaches ◽  
Modern Vision

Legal relations in labor activity are constantly undergoing reform in Ukrainian legislation. The reason for the reform can be considered the imperfection and instability of labor relations. These factors indicate the need to study legal relations in labor activities and understand the methodological approaches and the justification for reforming legislation. Based on the use of both general theoretical and branch scientific provisions, in particular labor law, it has been proposed in this research to develop main fundamental approaches to the methodology of legal regulation of labor relations in the context of modern development of Ukraine. The study revealed that the methods, methods and techniques used in the scientific knowledge of labor phenomena are interconnected and contribute to the formation of labor relations in the world of work. Conclusions are made regarding the nature and effectiveness of methodological approaches, their relationship with the principles of theoretical and practical activity of subjects of labor relations.  

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

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.

PROBLEMS OF LEGAL REGULATION OF BUSINESS PROCESSES: EXPERIENCE OF REMOTE WORK IN RUSSIA

2020 ◽  
pp. 22-29
Author(s):  
Maria A. Andrianova ◽  
Keyword(s):  
Business Processes ◽  
New Technologies ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Law Reform ◽  
Remote Work ◽  
Development Trends ◽  
Clear Tendency ◽  
Wide Range

This article investigates the current legislation and practice of the remote work application, recent changes in the sphere, as well as development trends in the remote work regulation, taking into account the changing needs of the population. Labor law in Russia is expected to change in order to make this sphere more effective and attractive to all of the participants of the labor relations. Legal regulation of the remote work in Russia is perceived as an optimistic sce-nario of the labor law reform in Russia. Business has long been interested in using this tool, but the lack of skills in new technologies among a wide range of employees and the inertia of the current legislation hindered the process. Currently, there is a clear tendency to overcome all the indicated obstacles to the widespread use of remote work in Russia.

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 Digital technologies in labor relations and personnel document management

2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 367-373
Author(s):  
Apollinariya A. Sapfirova ◽  
Victoria V. Volkova ◽  
Olga M. Solovieva ◽  
Irina Viktorovna Kardanova ◽  
Anna V. Petrushkina
Keyword(s):  
Labor Relations ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Document Management ◽  
Remote Work ◽  
Legal Analysis ◽  
Employment Contracts ◽  
Legal Method ◽  
Paper Form ◽  
The Right

The purpose of the article is to study the prospects of using digital technologies in labor relations and personnel document management. In the course of the research, the method of legal analysis and the formal legal method were used. The main results allow drawing conclusions and making suggestions for improving the legal regulation of the use of digital technology in labor relations and the personnel document flow that forms these labor relations. As a result, the authors make the following conclusions and suggestions. On the Unified Digital Platform in the field of employment and labor relations "Trudvsem.ru", the employer should be given the right to form an electronic HR workflow as a whole, placing mandatory HR documents there, while other HR documents can be digitized at the discretion of the employer. This will reduce the established period of duplication by the employer of the electronic and paper form of the employment record. The conclusion about the possibility of concluding employment contracts on remote work with citizens living outside the Russian Federation has been also justified.

EMPLOYEES ' RIGHTS DURING QUARANTINE

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Victoria Gurzhiy ◽  
Sophia Boriychuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Labor Relations ◽  
Production Costs ◽  
Scientific Article ◽  
Work Schedule ◽  
Remote Work ◽  
Difficult Situation ◽  
Home Based ◽  
Legislative Changes ◽  
The Right

This scientific article is devoted to the problems of realization and protection of workers' rights due to the spread of the COVID-19 pandemic. The article examines the changes that occur in connection with the introduction of quarantine, and analyzes the difficulties that arise in the parties to the employment relationship. The legislative changes that took place in 2020 in order to adapt to new forms of society are analyzed. The article reveals the essence of remote work and the conditions under which the employer has the right to instruct employees to perform such work. It is analyzed how the employer provides the employee with working conditions that are necessary for remote work. It is indicated in what form the employment contract on home-based work is concluded, as at the time of the threat of spreading the pandemic the condition on transfer to remote work can be established in the order of the employer. Attention is also paid to the grounds for dismissal of employees during quarantine, as employers, being in a difficult situation due to quarantine restrictions, often dismiss employees illegally, which leads to violations of workers' rights and guarantees. The paper analyzes the introduction of downtime at the enterprise, as during the quarantine period, many employers are forced to make some changes in their work schedule. Particular attention is paid to wages during downtime. The article also examines the issue of sending an employee on leave "at his own expense", as it is another widely used way of registration of labor relations during quarantine, which are used by unscrupulous employers to minimize production costs and pay for work performed.

scholarly journals On the issue of the scope of application of labor legislation in the Republic of Kazakhstan

2021 ◽  
Vol 81 (1) ◽  
pp. 57-64
Author(s):  
A. Kasymova ◽  
◽  
M. Zhandeldinova ◽  
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Joint Stock Company ◽  
Employment Contract ◽  
Legal Method ◽  
Right To Work ◽  
Labor Legislation ◽  
Scope Of Application ◽  
The Republic ◽  
The Right

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.

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