Rules of internal labor regulation as a tool of legal regulation of work organization at enterprises and institutions

2021 ◽  
Vol 46 (3) ◽  
pp. 89-107
Author(s):  
O. Y. KOSTYUCHENKO ◽  
T. V. KOLIESNIK
Keyword(s):  
Work Organization ◽  
Legal Regulation ◽  
Labor Regulation

scholarly journals PROCESSAL ASPECTS OF LOCAL REGISTRATION AS AN ELEMENT OF THE LABOR REGULATION SYSTEM

2020 ◽  
Vol 1 (37) ◽  
pp. 85
Author(s):  
D. Sirokha
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Regulation System ◽  
Labor Regulation ◽  
Local Rule ◽  
Legislative Initiative ◽  
Two Stages ◽  
Rule Making

The purpose of the article is to determine the essence of the procedural aspects of local rule-making. This goal determined the research objectives, which are: the determination of the signs of the local rule-making process, the identification of the stages of the local rule-making process and the stages that make it up. the practice of norm-setting of subjects of labor law is manifested in the relevant procedural legal relations for the implementation of activities for the preparation of drafts of local regulatory acts, their consideration, discussion, adoption and enforcement. The author concluded that the rulemaking process covers two stages: preparation of a normative act and its adoption, including 6 stages: 1) a legislative initiative; 2) development; 3) discussion; 4) approval; 5) adoption and 6) the entry into force of the norative act.Key words: legal regulation, labor relations, local legal acts, stages of rule-making, stages of rule-making.

scholarly journals Guarantees of the Rights of Workers in the Labor Regulation

2020 ◽  
Vol 15 (1) ◽  
pp. 116-123
Author(s):  
L. I. Filyushchenko
Keyword(s):  
Legal Regulation ◽  
Labor Standards ◽  
Professional Standard ◽  
Labor Regulation ◽  
Labor Costs ◽  
Judicial Practice ◽  
Rights And Interests ◽  
Court Practice

The issue of guarantees of the rights of workers during labor standards is of interest, because labor rationing, being a way to increase the efficiency of employees and reduce labor costs, affects their rights and interests. The purpose of this paper is to study the legal regulation of relations on labor standards by analyzing the norms and practices of the application of legislation on labor standards. The author considers guarantees of the rights of workers and concludes that the legislator does not give enough attention to the problems of legal regulation of relations on labor standards. The processes of labor standardization are negatively affected by the absence or incompleteness of normative legal acts on standardization, including the lack of a professional standard for the specialist in question. Guarantees turn out to be declarations, employers abuse rights, neglecting the development of labor standards. Gaps in the legislation, ambiguity of concepts give rise to ambiguous judicial practice. A summary of court practice and related clarifications could resolve contentious issues. The author formulates some suggestions to improve the legal regulation of labor standards.

PROBLEMS OF LABOR LEGISLATION: KYRGYZSTAN UNDER COVID-19 PANDEMIC (COMPARATIVE ANALYSIS WITH THE RUSSIAN LEGAL REGULATIONS)

2020 ◽  
Vol 6 (4) ◽  
pp. 214-227
Author(s):  
Kubanychbek S. RAMANKULOV
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Labor Relations ◽  
Legal Regulation ◽  
Kyrgyz Republic ◽  
Remote Work ◽  
Labor Regulation ◽  
Legal Method ◽  
Labor Legislation ◽  
Significant Addition

The situation caused by the spread of COVID-19 has become one of the serious challenges that have manifested themselves, in particular, in the field of legal regulation of social and labor relations, which continues to remain insufficiently studied. This article aims to fill in this lacuna and consider the effectiveness of the main institutions of labor legislation in the event of a coronavirus pandemic. The performed analysis allowed rationalizing a significant addition and clarification of the conceptual apparatus of the labor legislation of the Kyrgyz Republic (KR), which is used in labor regulation under COVID-19 conditions. At the same time, the results show that the lack of a number of basic norms in the legislation, in fact, prevent from establishing the legal status of persons in the labor sphere who are in restrictive/quarantine conditions. An analysis of the basic norms related to the institutions of labor legislation showed a clear insufficiency of their legal capacity to regulate labor relations in the context of the COVID-19 pandemic. For the first time, on the basis of the comparative legal method, the problem of establishing new rules outside the labor legislation in Russia and Kyrgyzstan was identified, when the regulation of labor and relations directly related to them in both countries in the context of the COVID-19 pandemic moved to the sectoral (departmental) and local levels, including through acts of application of law (in Kyrgyzstan). Everywhere during the pandemic, employers in both countries transferred to remote work, which is not provided for by labor legislation. The author justifies the prospect of the proposal to subsequently separate out individual chapters in the labor codes of Russia and Kyrgyzstan, which provide for the specifics of labor regulation in an emergency (provisions). The main methods used in the article are the means of system analysis and the comparative legal method for studying the problems of labor legislation in Kyrgyzstan and Russia in terms of analyzing its current state and ensuring effective implementation in the context of the COVID-19 pandemic.

scholarly journals Features of labor regulation of transport workers in the context of COVID-19 pandemic

2021 ◽  
Vol 106 ◽  
pp. 02008
Author(s):  
Irina Timonina
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Labor Contracts ◽  
Labor Regulation ◽  
Emergency Situations ◽  
Labor Legislation ◽  
Transport Workers ◽  
Regulation Of Transport ◽  
Medical Examinations

The article deals with the issue of legal regulation of labor relations in transport in emergency situations. The author analyzes the current labor legislation that regulates the specifics of regulating the labor of employees of transport organizations; the possibility of concluding and terminating labor contracts in emergency situations, and the specifics of their responsibility. Special attention is given to the specifics of the operation of transport enterprises during the COVID-19 pandemic and in other threatening situations in order to ensure the transport security of Russia. The author notes the actual tasks of transport enterprises in special conditions, justifies the need for special requirements for transport workers, the importance of pre-trip medical examinations.

scholarly journals Legal Support for the Work Organization of a Closed Administrative and Territorial Unit Prosecutor’s Office

2020 ◽  
Vol 15 (1) ◽  
pp. 161-167
Author(s):  
A. V. Elkina ◽  
A. A. Tyuvin
Keyword(s):  
Work Organization ◽  
Legal Regulation ◽  
Scientific Interest ◽  
Territorial Unit ◽  
Work Functions ◽  
State Functions

The relevance of this topic lies in the fact that there is a demand for scientific interest in organizing the work of state bodies that ensure the legality and protection of citizen’s rights. The prosecution authorities play an important role in the implementation of state functions. In addition, in the course of prosecutors’ activities implementation there has been a violation of the prosecutors’ work functions and organization. The optimization of the work of the prosecution authorities of the Closed Administrative Territorial Unit (ZATO) is of the utmost importance, the level of the implementation of the functions by the prosecution authorities and the results of the work depend on how efficiently the department will be optimized. It seems possible to optimize the work of the ZATO prosecutor’s office through a detailed legal regulation of its activities. The paper discloses the legal and scientific regulation of the activity of the ZATO prosecutor’s bodies, formulates suggestions for improving the current legislation.

scholarly journals COMPARATIVE LEGAL ANALYSIS OF THE CONCEPT OF SALARY IN THE RUSSIAN FEDERATION AND OTHER COUNTRIES OF THE COMMONWEALTH OF INDEPENDENT STATES

2016 ◽  
pp. 0-0
Author(s):  
Найра Абузярова ◽  
Nayra Abuzyarova
Keyword(s):  
Russian Federation ◽  
Comparative Method ◽  
Legal Aspect ◽  
Work Organization ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Commonwealth Of Independent States ◽  
Independent States ◽  
The Russian Federation ◽  
Cis Countries

Market relations have led to substantial changes in wages, the mechanism of legal regulation of remuneration has changed significantly, and there are many difficulties and problems, unresolved issues. In this regard, according to the author’s intention, the article determines the legal regulation of wages in comparative-legal aspect, analyzes the concept, nature and the general state of wages in Russia and other CIS countries, taking into account the principles of work organization, consistently analyzes the shortcomings of remuneration of labour in Russia, because wages are still undergoing through some turmoil (unjustified super-differentiation in wages, low level of wages of most workers and the minimum wage). The aim of this work is the study of the legislative regulation of wages, development of recommendations on improvement of certain provisions on payment for labour in the Russian Federation. Taking into account the fact that in the wage regulation in the labor code and the labor codes of other countries of the Commonwealth of Independent States (CIS) there are many achievements and successful solutions to many pressing issues of remuneration, and also the fact that that the application of the comparative method allows identification of existing problems and contradictions, the article studies the most important areas of restructuring of the legal organization of wages in the Russian Federation and other CIS countries, as one of the key regulators of the market economy.

Constitutional Framework of Wages and Social Insurance in Russia

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Найра Абузярова ◽  
Nayra Abuzyarova
Keyword(s):  
Low Income ◽  
Social Insurance ◽  
Work Organization ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Decent Work ◽  
Private Regulation ◽  
Public And Private ◽  
Social Partnership

In accordance with the author´s intention, and in accordance with the constitutional framework, the article analyzes the wages and social insurance in Russia, unjustified super differentiation in wages, which excludes financial participation of low-income workers in the compulsory social insurance, who should be included in the system of compulsory social insurance without any conditions and restrictions. The author analyzes the state of wages, the necessity of state regulation of wages, the basic state guarantee on wages — minimum wages and salaries in Russia, with the aim to determine the conceptual basis for legal regulation of the wages in Russia in the interests of its population, in particular, it is argued that consumer demand is the main and only engine of the market economy and it has to be moderately in advance of the production capabilities. The author draws the attention to the use of state and contractual regulation of labour, as it is objectively necessary and socially justified if public and private regulation of labor relations in the sphere of remuneration are correctly interrelated. The main purpose of contractual regulation of remuneration should be the improvement of the situation of workers on the basis of the agreement between the parties to social partnership. For its part, the state should not interfere with the balance and supply of labour in the labour market, the formation of a natural price for labour. According to the author, it is necessary to constitutionalize the concepts of “decent work” and “decent wages”, “compulsory social insurance”. “Decent work” and “decent wage” should be recognized at the constitutional level as the principles of work organization.

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